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HomeMy WebLinkAboutReso 91-350 - Approve & Authorize the mayor to sign CH2M Hill Agreement for prof services for AB2588 Compliance Engineering Services and Implement Ph 1 of agreement RESOLUTION NO. , �� A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING AND AUTHORIZING: (1) THE MAYOR TO SIGN THE CH2M HILL STANDARD AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF REDDING AND CH2M HILL CALIFORNIA, INC. FOR AB2588 COMPLIANCE ENGINEERING SERVICES; AND ( 2) THE IMPLEMENTATION OF PHASE 1 OF SAID AGREEMENT IN THE AMOUNT OF $17,255.00, PLUS A CONTINGENCY OF $2,745.00, FOR A TOTAL OF $20,000.00. IT IS HEREBY RESOLVED by the City Council of the City of Redding as follows: 1. That the City Council of the City of Redding hereby approves the CH2M Hill Standard Agreement for Professional Services for AB2588 compliance at the Clear Creek and Stillwater Wastewater Treatment Plants, a true copy of which is attached hereto and incorporated herein by reference. 2 . That the City Council hereby authorizes the implementation of Phase I of said Agreement, namely preparation of Emission Inventory Plans to the Clear Creek and Stillwater Wastewater Treatment Plants, in the amount of $27 , 255 . 00, plus a contingency of $2 ,745 .00, for a total of $20 , 000. 00 . 3 . That the Mayor of the City of Redding is hereby authorized and directed to sign said Agreement and ancillary documentation on I CA G f behalf of the City of Redding; and the City Clerk is hereby authorized and directed to attest the signature( s) of the Mayor and to impress the official seal of the City of Redding thereto. I HEREBY CERTIFY that the foregoing Resolution was introduced and read at a regular meeting of the City Council of the City of Redding on the 20thday of August , 1991, and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Arness, Buffum, Fulton, Moss & Dahl NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None ' w D MIKE DAHL, Mayor City of Redding ATTEST: ETHEL A. NICHOLS, City Clerk FORM PROVED: RAIDALL A. HAYS, ity Attorney 2 C112M HILL STANDARD AGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT is between CH2M HILL CALIFORNIA, INC. (the "ENGINEER") and CITY OF REDDING (the "OWNER") for a PROJECT generally described as: AB2588 Compliance at Sewage Treatment Plants ARTICLE 1--SCOPE OF SERVICES The Scope of Services is set forth in Attachment A. ARTICLES 2 & 3--COMPENSATION AND TERMS OF PAYMENT ENGINEER's compensation and terms of payment are set forth in Attachment B. i i ARTICLE 4--OBLIGATIONS OF THE ENGINEER A. STANDARD OF CARE The standard of care applicable to ENGINEER's services will be the degree of skill and diligence normally employed by professional engineers or consultants performing the same or similar services. The ENGINEER will reperform any services not meeting this standard without additional compensation. B. OPINIONS OF COST, FINANCIAL CONSIDERATIONS, AND SCHEDULES In providing opinions of costs, financial analyses, economic feasibility projections, and schedules for the PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time of quality of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the OWNER's actual PROJECT costs, financial aspects, economic feasibility or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. When the OWNER requires the ENGINEER to prepare quantity and material take-offs and/or opinions of cost from plans and specifications that are less than 100 percent complete, the OWNER will hold the ENGINEER harmless from any and all loss, liability, or claims resulting from the incompleteness. RDD/cmc/rb/8_91/005.51 1 C. ACCESS TO ENGINEER'S ACCOUNTING RECORDS The ENGINEER will maintain accounting records, in accordance with generally accepted accounting principles and practices, to substantiate all invoiced amounts. Said records will be available to OWNER during ENGINEER's normal business hours for a period of 1 year after ENGINEER's final invoice for examination to the extent required to verify the direct costs (excluding established or standard allowances and rates) incurred hereunder. The OWNER may only audit accounting records applicable to a cost-reimbursable type compensation. D. ENGINEER'S INSURANCE ENGINEER will maintain throughout this AGREEMENT the following insurance: a. Worker's compensation and employer's liability insurance as required by the state or province where the work is performed. b. Comprehensive automobile and vehicle liability insurance covering claims for injuries to members of the public and/or damages to property of others arising from use of motor vehicles, including onsite and offsite operations, and owned, nonowned, or hired vehicles, with $1,000,000 combined single limits. C. Commercial general liability insurance covering claims for injuries to members of the public or damage to property of others arising out of any covered negligent act or omission of the ENGINEER or of any of its employees, agents, or subcontractors, with $1,000,000 combined single limits, and $2,000,000 general aggregate limit. d. Professional liability insurance of $250,000. e. OWNER will be named as an additional insured with respect to ENGINEER's liabilities hereunder in insurance coverages identified in Items "b" and "c", and ENGINEER waives subrogation against OWNER as to said policies. ARTICLE 5--OBLIGATIONS OF THE OWNER A. OWNER-FURNISHED DATA The OWNER will provide to the ENGINEER all technical data in the OWNER's possession, including, but not limited to, previous reports, maps, surveys, borings, and all other information relating to the ENGINEER's services on the PROJECT. ENGINEER will RDD/cmc/rb/8_91/005.51 2 reasonably rely upon the accuracy, timeliness, and completeness of the information provided by the OWNER. B. ACCESS TO FACILITIES AND PROPERTY The OWNER will make its facilities accessible to ENGINEER as required for ENGINEER's performance of its services and will provide labor and safety equipment as required by ENGINEER for such access. OWNER will perform at no cost to ENGINEER such test of equipment, machinery, pipelines, and other components to the OWNER's facilities as may be required in connection with ENGINEER's services, unless otherwise agreed to. OWNER will be responsible for all acts of OWNER's personnel. C. ADVERTISEMENTS, PERMITS, AND ACCESS Unless otherwise agreed to in the Scope of Services, the OWNER will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, province, or federal authorities; and land, easements, rights-of-way, and access necessary for the ENGINEER's services or PROJECT construction. D. TIMELY REVIEW The OWNER will examine the ENGINEER's studies, reports, sketches, drawings, , specifications, proposals, and other documents; obtain advice of any attorney, insurance counselor, accountant, auditor, and other consultants as OWNER deems appropriate; and j render in writing decisions required of OWNER in a timely manner. f i E. PROMPT NOTICE The OWNER will give prompt written notice to ENGINEER whenever OWNER observes or becomes aware of any development that affects the scope of timing of ENGINEER's services, or any defect in the work of the ENGINEER or construction contractors. F. ASBESTOS OR HAZARDOUS SUBSTANCES AND INDEMNIFICATION .If asbestos or hazardous substances in any form are encountered or suspected, the ENGINEER will stop its own work in the affected portions of the PROJECT to permit testing and evaluation of the problem. If asbestos is suspected, the ENGINEER will, if requested, assist the OWNER in contacting regulatory agencies and in identifying asbestos testing laboratories and demolition/removal contractors or consultants. If asbestos is confirmed, the OWNER will engage a specialty consultant or contractor to study the affected portions of the work and perform all remedial measures. If hazardous substances other than asbestos are suspected, the ENGINEER will conduct tests to determine the extent of the problem and will perform the necessary studies and recommend the necessary remedial measures at an additional fee to be negotiated. RDD/cmc/rb/8_91/005.51 3 G. LITIGATION ASSISTANCE The Scope of Services does not include cost of the ENGINEER for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the OWNER. All such services required or requested of the ENGINEER, except for suits or claims between the parties to this AGREEMENT, will be reimbursed as mutually agreed, and payment for such services .shall be in accordance with ARTICLE 3, unless and until there is a finding by a court or arbitrator that ENGINEER's sole negligence caused OWNER's damage. H. CHANGES The OWNER may make or approve changes within the general scope of services in this AGREEMENT. If such changes affect the ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through a written amendment to this AGREEMENT. I. SERVICES OF ENGINEER Unless this AGREEMENT is modified or terminated, the OWNER will have all services specified in this AGREEMENT performed by the ENGINEER, employing ENGINEER's i standard form and content of drawings, specifications, and contract documents. Any item in the nature of maps, drawings, specifications, etc., which are provided to OWNER under this AGREEMENT shall become the property of OWNER. I ARTICLE 6--GENERAL LEGAL PROVISIONS A. AUTHORIZATION TO PROCEED Execution of this AGREEMENT by the OWNER will be authorized by ENGINEER to proceed with the work, unless otherwise provided for in this AGREEMENT. B. REUSE OF PROJECT DOCUMENTS All designs, drawings, specifications, documents, and other work products of the ENGINEER are instruments of service for this PROJECT, whether the PROJECT is completed or not. Reuse by the OWNER or by others acting through or on behalf of the OWNER of any such instruments of service without the written permission of the ENGINEER will be at the OWNER's sole risk. The OWNER agrees to indemnify and defend the ENGINEER from all claims, damages, losses, and expenses, including, but not limited to, direct, indirect, or consequential damages and attorney's fees arising out of or related to such unauthorized reuse. RDD/cmc/rb/8_91/005.51 4 C. FORCE MAJEURE The ENGINEER is not responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the ENGINEER. D. TERMINATION This AGREEMENT may be terminated for convenience on 30 days' written notice, or for cause if either party fails substantially to perform through no fault of the other and does not commence correction of such nonperformance within 5 days of written notice and diligently complete the correction thereafter. On termination, the ENGINEER will be paid for all authorized work performed up to the termination date plus termination expenses, such as, but not limited to, reassignment of personnel, subcontract termination costs, and related closeout costs. On termination, ENGINEER shall turn over to OWNER all items of work for which they have received payment that are in the nature of, but not limited to, maps, drawings, calculations, etc. E. SUSPENSION, DELAY, OR INTERRUPTION OF WORK The OWNER may suspend, delay, or interrupt the services of the ENGINEER for the convenience of the OWNER. In the event of force majeure or such suspension, delay, or interruption, an equitable adjustment in the PROJECT's schedule, commitment, and cost of ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. F. NO THIRD PARTY BENEFICIARIES This AGREEMENT gives no rights or benefits to anyone other than the OWNER and ENGINEER and has no third-party beneficiaries. G. INDEMNIFICATION a. ENGINEER agrees to indemnify and defend OWNER from any loss, cost, or expense claimed by third parties for property damage and bodily injury, including death, caused solely by the negligence or willful misconduct of ENGINEER, its employees, or agents in connection with the PROJECT. b. OWNER agrees to indemnify and defend ENGINEER from any loss, cost, or expense claimed by third parties for property damage and bodily injury, including death, caused solely by the negligence or willful misconduct of OWNER, its employees, or agents in connection with the PROJECT. C. If the negligence or willful misconduct of both the ENGINEER and OWNER (or a person identified above for whom each is liable) is a cause of such damage or injury, the loss, cost, or expense shall be shared between ENGINEER and OWNER in proportion to their relative degrees of RDD/cmc/rb/8_91/005.51 5 negligence or willful misconduct, and the right of indemnity shall apply for such proportion. H. ASSIGNMENT Neither party will assign all or any part of this AGREEMENT without the prior written consent of the other party. I. LEGAL ACTION All legal actions by either party against the other arising from this AGREEMENT, or for the failure to perform in accordance with the applicable standard of care, or any other cause of action, will be barred 2 years from the date the claimant knew or should have known of its claim, but in any event no later than 4 years from the date of substantial completion of ENGINEER's services. J. INTERPRETATION Releases from, indemnities against, limitations on, and assumptions of liability and limitations on remedies expressed in this AGREEMENT shall apply even in the event of breach of contract or warranty, fault, tort including negligence, strict liability, statutory, or any other cause of action (except for willful or reckless disregard of obligations) of the party released or indemnified, or whose liability is limited or assumed, or against whom remedies are limited. Party, as used herein, includes the named parties, their officers, employees, agents, subcontractors, and affiliates. K. JURISDICTION The law of the State of California shall govern the validity of this AGREEMENT, its interpretation and performance, and any other claims related to it. L. SEVERABILITY AND SURVIVAL If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Articles 4, 5, and 6 shall survive termination of,this AGREEMENT for any cause. RDD/cmc/rb/8_91/005.51 6 i ARTICLE 7--ATTACHMENTS, SCHEDULES, AND SIGNATURES This AGREEMENT, including its Attachments and Schedules, constitutes the entire AGREEMENT, supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. The following Attachments and Schedules are hereby made a part of this AGREEMENT: Attachment A--Scope of Services Attachment B--Compensation and Terms of Payment IN WITNESS WHEREOF, the parties execute below: For the OWNER, CITY OF REDDING i dated this day of , 19 i By: Name Title ATTESTED By: Name Title FORM APPROVED By: Name Title For the ENGINEER, CH2M HILL CALIFORNIA , INC., dated this 2nd day of August , 1991. By: 6, Vice President ame Title RDD/cmc/rb/8_91/005.51 7 Attachment A SCOPE OF SERVICES Attachment A to the AGREEMENT between CI-12M HILL CALIFORNIA, INC. (the "ENGINEER") and CITY OF REDDING (the "OWNER") for a project generally described as: AB2588 Compliance at Sewage Treatment Plants The engineering services to be provided are defined by two phases: Phase I--Preparation of Emission Inventory Plans to the Clear Creek and Stillwater WWTPs. Phase H--Preparation of Emission Inventory Reports for the Clear Creek and Stillwater WWTPs. PHASE I--PREPARATION OF EMISSIONS INVENTORY PLANS This phase will consist of gathering information on plant operation and preparing an Emissions Inventory Plan for the quantification of air toxic emissions. These tasks are applicable to development of Inventory Plans for both the Stillwater and Clear Creek WWTPs. TASK I.1--SITE INVESTIGATION/DATA COLLECTION In this initial task, ENGINEER will tour the plants to observe plant operation and to identify points of air toxics emissions. ENGINEER will review information regarding the plants' influent characteristics, aeration rates, volumes of digester gas combusted, and digester gas composition. TASK I.2--DEVELOPMENT OF PLAN FORMAT ENGINEER has met with Shasta County Air Quality Management District (SCAQMD to discuss the requirements for emissions inventory plans for publicly operated treatment works (POTWs). Mr. Kussow of SCAQMD has preliminarily approved the Bay Area Air Toxics (BAAT) Group approach. ENGINEER will formally confirm his acceptance of the BAAT approach. Our scope of work and cost estimate reflect this approach. RDD/cmc/rb/8_91/002.51 A-1 TASK I.3--PREPARE PROCESS FLOW SCHEMATIC AND SUMMARY OF PROCESSES Based on the Task I.1 site visit, a detailed schematic and summary of emissions sources will be developed. The final schematic will serve as the template for the Emissions Inventory Plan and modeling. TASK I.4--CALCULATE PRELIMINARY SCREENING SCORE Based on influent composition data and the process schematic, ENGINEER will develop a preliminary risk prioritization score. The scoring methodology, which is used by SCAQMD to prioritize facilities for health risk assessments, will be useful in further refining the Emissions Inventory Plan approach. TASK I.5--IDENTIFICATION OF SUBSTANCES TO BE INVENTORIED Originally, the AB2588 Criteria and Guidelines regulations required the quantification of approximately 150 substances. POTWs working with the local air districts (Bay Area, South Coast, and Sacramento Metropolitan Air Quality Management Districts) have reduced the number of substances to be inventoried from 150 to 15. ENGINEER will review the new BAAT screening rationale with SCAQMD, modify the screened list as required, and develop the target list of compounds based upon plant influent characteristics and unit processes employed at the Clear Creek WWTP. TASK I.6--PREPARATION OF PLAN FOR ESTIMATION OF EMISSIONS Using the results of Tasks I.1 through I.5, the Emissions Inventory Plan will be prepared for submittal to OWNER staff for review and comment. Following OWNER review, ENGINEER will review and respond to OWNER comments. Five copies of the plan will be submitted to the SCAQMD. Following SCAQMD review, ENGINEER will review and respond to SCAQMD comments. PHASE II--PREPARATION OF EMISSIONS INVENTORY REPORTS The Scope of Services for this phase is highly dependent upon the outcome of Phase I and SCAQMD requirements. A preliminary scope is presented for Phase II, based on our current understanding of SCAQMD requirements. A final Scope of Services for Phase II will be developed following SCAQMD approval of the Inventory Plan(s). This phase will consist of executing the approved Emission Inventory Plan and preparing and submitting an Emission Inventory Report to SCAQMD, and includes the following tasks: • Task II.1--Prepare Emissions Inventory Work Plan RDD/cmc/rb/8_91/002.51 A-2 • Task II.2--Sampling & Analytical Program • Task II.3--Estimation of Emissions • Task II.4--Preparation of Emissions Inventory Report TASK II.1--PREPARE EMISSIONS INVENTORY WORK PLAN ENGINEER will prepare a detailed work plan and approach for the program and will perform the following activities: • Evaluate SCAQMD review comments and refine Inventory Plan as required. • Collect and evaluate available plant data on the following: --Detailed flow diagrams --Design criteria --Flow monitoring --Priority pollutant monitoring --Conventional constituent monitoring --Air quality monitoring --Material inventory information (MSDS) • Conduct site visit (if necessary) and determine exact sampling locations and apparatus requirements. • Identify sampling and analysis schedule. • Meet with plant staff and determine plant coordination and assistance required. • Summarize work plan and write detailed protocols and instructions. TASK II.2--SAMPLING AND ANALYTICAL PROGRAM ENGINEER and/or OWNER staff will collect the liquid and air samples in accordance with Emission Estimation Protocols as approved by SCAQMD. Included in each test period will be the following subtasks: • Coordination of sampling and testing • Collection of samples • Sample analysis Depending upon the selected emission estimation technique(s), appropriate protocol for liquid and air phase sampling will be developed. For the liquid phase, sampling will be similar to that required for routine priority pollutant testing (currently conducted by the OWNER biannually). RDD/cmc/rb/8_91/002.51 A-3 As required by the selected emissions estimation technique(s), ENGINEER and/or OWNER staff will perform laboratory analyses (as appropriate) on samples described above. These laboratory analyses will include liquid phase analysis of nitrogen and chlorine species and VOCs using EPA Method 8240. To review and compile data, ENGINEER will perform the following: • Collect data from laboratories. • Perform quality control evaluation. • Incorporate quality control results, assemble laboratory data, and provide a valid data base. TASK II.3--ESTIMATION OF EMISSIONS Included in this task will be the following: • Perform modeling of liquid processes using the BASTE model.developed through Bay Area POTW Air Toxics Group. • Perform desk-top calculation of ammonia, chlorine, and hydrogen sulfide emissions based on analysis of transformations and reactions with the individual unit processes. • Review material inventory data (MSDS documentation), compare with level of accuracy from AB2588 regulations, and estimate emissions from laboratory, fume hoods, and related facilities, where applicable. • Assemble emission estimation results and generate a valid data base. TASK II.4--PREPARATION OF EMISSIONS INVENTORY REPORT The following items are included in this task: • Summarize methods, data, and results of Emissions Inventory. Complete appropriate reporting forms as developed by Bay Area POTW Air Toxics Group. • Submit two draft copies of report to OWNER staff for review and comment. • Respond to SCAQMD questions and comments, and finalize report. Five copies of the report will be prepared. RDD/cmc/rb/8_91/002.51 A-4 TIME OF PERFORMANCE CLEAR CREEK WWTP--INVENTORY PLAN ENGINEER shall submit the draft Inventory Plan for the Clear Creek Wastewater Treatment Plant to the OWNER for review no later than November 1, 1991. ENGINEER shall review and respond to OWNER comments and deliver Inventory Plan to SCAQMD within 10 days of receipt of OWNER comments. STILLWATER WWTP--INVENTORY PLAN ENGINEER shall submit the draft Inventory Plan for the Stillwater Wastewater Treatment Plant to the OWNER for review no later than July 15, 1992. ENGINEER shall review and respond to OWNER comments and deliver Inventory Plan to SCAQMD within 10 days of receipt of City comments. The inventory plan schedule for Stillwater assumes that appropriate wastewater analyses will be completed by the OWNER no later than May 15, 1992. RDD/cmc/rb/8_91/002.51 A-5 . • • Attachment B Attachment B to the AGREEMENT between CH2M HILL CALIFORNIA INC. (the "ENGINEER") and CITY OF REDDING (the "OWNER") for a PROJECT generally described as: A2588 Compliance Sewage Treatment Plants ARTICLE 2--COMPENSATION Compensation by the OWNER to the ENGINEER will be as follows: PHASE I--PREPARATION OF EMISSION INVENTORY PLANS Compensation for Phase I as enumerated in Attachment A shall be at the ENGINEER's salary costs multiplied by a factor of 2.2 plus direct expenses, plus a service charge of 10 percent of Direct Expenses. CH2M HILL's salary costs, are the amount of wages or salaries paid CH2M HILL employees for work directly performed on CLIENT's project plus a percentage applied to all such wages or salaries to cover all payroll-related taxes, payments, premiums, and benefits. Direct expenses are those costs incurred on or directly for the PROJECT including, but not limited to, necessary transportation costs, including current rates for ENGINEER's vehicles; meals and lodging; laboratory tests and analyses; computer services; word processing services; telephone, printing, binding, and reproduction charges; all costs associated with outside consultants, subconsultants, and other services and facilities; and other similar costs. Reimbursement for direct expenses will be on the basis of actual charges when furnished by commercial sources and on the basis of current rates when furnished by ENGINEER. Budgetary amounts for preparation of the Inventory Plan are as follows: Clear Creek WWTP $10,525 Stillwater WWTP 6,730 Total $17,255 If the scope of work changes from that indicated in Attachment A, the budget will be renegotiated. RDD/cmc/rb/8_91/004.51 B-1 PHASE H--PREPARATION OF EMISSIONS INVENTORY REPORTS The basis and amount of compensation for Phase II services will be determined following completion of Phase I services. ARTICLE 3--TERMS OF PAYMENT Payment is due upon receipt of monthly billing of the amount due based on the ENGINEER's estimate of the value of work accomplished, less previous payments made. Interest at the rate of 1 percent per month will be charged on all past-due accounts, starting 45 days after date of invoice. Payments will first be credited to interest and then to principal. This Attachment B supersedes all prior written and oral understandings of the Com- pensation and may only be changed by a written amendment executed by both parties. RDD/cmc/rb/8_91/004.51 B-2