HomeMy WebLinkAboutContracts & Agreements_156-2008_CCv0001.pdf AGREEMENT FOR THE EVALUATION OF TREATMENT ALTERNATIVES TO
REDUCE IDS FROM THE WASTEWATER TREAMENT PLANT
This agreement for evaluation of treatment alternatives to reduce IDS from the Redlands
Wastewater Treatment Plant("Agreement")is made and entered into this 17th day of September,
2008 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City")
and Michael N. DiFilippo ("Consultant"). City and Consultant are sometimes individually
referred to herein as a"Party"and,together,as the"Parties."
In consideration of the mutual promises contained herein, City and Consultant agree as
follows:
ARTICLE I - ENGAGEMENT OF CONSULTANT
1.1 City hereby engages Consultant to evaluate treatment alternatives to reduce IDS from the
Redlands Wastewater Treatment Plant(the "Services").
1.2 The Services shall be performed by Consultant in a professional manner, and Consultant
represents that it has the skill and the professional expertise necessary to provide the
Services to City at a level of competency presently maintained
by other practicing
professional consultants in the industry providing like and similar types of Services.
ARTICLE 2- SERVICES OF CONSULTANT
11 The Services which Consultant shall perform are more particularly described in Exhibit
"A," entitled "Scope of Services," which is attached hereto and incorporated herein by
this reference.
2.2 Consultant shall comply with all applicable Federal, State and local laws and regulations
in the performance of this Agreement including, but not limited to, the Americans with
Disabilities Act,the Fair Employment and Housing Act and prevailing wage laws.
ARTICLE 3 - RESPONSIBILITIES OF CITY
3.1 City shall make available to Consultant information in its possession that may assist
Consultant in performing the Services.
3.2 City designates Wen Huang as City's representative with respect to performance of the
Services, and such person shall have the authority to transmit instructions, receive
information, interpret and define City's policies and decisions with respect to
performance of the Services,
ARTICLE 4-PERFORMANCE OF SERVICES
4.1 Consultant shall perform the Services in a prompt and diligent manner and in accordance
with the schedule set forth in Exhibit "B," entitled "Project Schedule."
4.2 At any time during the term of this Agreement, City may request that Consultant perform
Extra Services. As used herein, "Extra Services" means any work which is determined
necessary by City for the proper completion of the project or work for which the Services
are being performed, but which the Parties did not reasonably anticipate would be
necessary at the time of execution of this Agreement. Provided the Extra Work does not
exceed twenty percent(20%)of the compensation to be paid by City to Consultant for the
Services, such Extra Work may be agreed to by the Parties by written amendment to this
Agreement, executed by City's City Manager. Consultant shall not perform, nor be
compensated for,Extra Work without such written authorization from City.
ARTICLE 5 -PAYMENTS TO CONSULTANT
5,1 The total compensation for Consultant's performance of the Services shall not exceed the
amount of Nineteen Thousand Eight Hundred Forty Dollars ($19,840). City shall pay
Consultant on a time and materials basis up to the not to exceed amount, in accordance
with Exhibit "C" entitled "Project Costs," and based upon the hourly rates shown in
Exhibit "D," entitled "Rate Schedule." Both Exhibits "C" and "D" are attached hereto
and incorporated herein by this reference,
52 Consultant shall submit monthly invoices to City describing the work performed during
the preceding month- Consultant's invoices shall include a brief description of the
Services performed, the dates the Services were performed, the number of hours spent
and by whom, and a description of reimbursable expenses, if any. City shall pay
Consultant no later than thirty (30) days after receipt and approval by City of
Consultant's invoice, provided(1)the Services reflected in the invoice were performed to
the reasonable satisfaction of City in accordance With the terms of this Agreement, (2)
that the number of hours of Services set forth in the invoice reflects the amount of time
ordinarily expended for such Services by members of the profession currently practicing
in the same locality under similar conditions, and (3) that all expenses, rates and other
information set forth in the invoice are consistent with the terms and conditions of the
Agreement.
5.3 All notices shall be given in writing by personal delivery or by mail. Notices sent by
mail should be addressed as follows:
9-�� Consultant
Wen Huang Michael N DiFilippo
Municipal Utilities and Engineering Dept. Consultant
City of Redlands 2803 Woolsey Street
35 Cajon Street, Suite 15A Berkeley, CA 94705
Redlands, CA 92373
When so addressed, such notices shall be deemed given upon deposit in the United States Mail.
Changes may be made in the names and addresses of the person to who notices and payments are
to be given by giving notice pursuant to this section 5.3.
ARTICLE 6 -INSURANCE AND INDEMNIFICATION
6.1 All insurance required by this Agreement shall be maintained by Consultant for the
duration of its performance of the Services. Consultant shall not perform any Services
unless and until all required insurance listed below is obtained by Consultant. Consultant
shall provide City with certificates of insurance and endorsements evidencing such
insurance prior to commencement of the Services. All insurance policies shall include a
provision prohibiting cancellation or modification of the policy except upon thirty (30)
days prior written notice to City.
6.2 Workers' Compensation and Employer's Liability.
Consultant shall secure and maintain Worker's Compensation and Employer's Liability
insurance throughout the duration of its performance of the Services in accordance with
the laws of the State of California,with an insurance carrier acceptable to City.
63 Hold Harmless and Indemnification. Consultant shall defend, indemnify and hold
harmless City and its elected officials, employees and agents from and against any and all
claims, losses or liability, including attorneys' fees, arising from injury or death to
persons or damage to property occasioned by Consultant's and its officers', employees'
and agents' sole negligent acts or omissions in performing the Services.
6.4 Assignment. Consultant is expressly prohibited from assigning any of the Services
without the express prior written consent of City. In the event of agreement by the
Parties to assign a portion of the Services, Consultant shall add the assignee as an
additional insured and provide City with the insurance endorsements required by this
Agreement prior to the performance of any Services by the assignee. Assignment does
not include printing or other customary reimbursable expenses that may be provided for
in this Agreement.
6.5 Comprehensive General Liability Insurance. Consultant shall secure and maintain in
force throughout the term of this Agreement comprehensive general liability insurance
with carriers acceptable to City. Minimum coverage of One Million Dollars ($1,000,000)
per occurrence and Two Million Dollars ($2,000,000) aggregate for public liability,
property damage and personal injury is required. City shall be named as an additional
insured. Such insurance shall be primary and non-contributing to any insurance or self-
insurance maintained by City.
6.6 Business Auto Liability Insurance, Consultant shall have business auto liability
coverage, with minimum limits of One Million Dollars ($1,000,000) per occurrence,
combined single limit for bodily injury liability and property damage liability. This
coverage shall include all Consultant owned vehicles used in connection with
Consultant's provision of the Services, hired and non-owned vehicles, and employee non-
ownership vehicles. Such insurance shall be primary and non-contributing to any
insurance or self insurance maintained by City. City shall be named as an additional
insured.
ARTICLE 7 -CONFLICTS OF INTEREST
7.1 Consultant covenants and represents that it does not have any investment or interest in
real property that may be the subject of this Agreement or any other source of income,
interest in real property or investment which would be affected in any manner or degree
by the performance of Consultant's Services. Consultant further covenants and
represents that in the performance of its duties hereunder, no person having any such
interest shall perform any Services under this Agreement.
7.2 Consultant agrees it is not a designated employee within the meaning of the Political
Reform Act because Consultant:
A. Does not make or participate in:
(i) the making or any governmental decisions regarding approval of a rate,
rule or regulation, or the adoption or enforcement of laws;
(ii) the issuance, denial, suspension or revocation of permits, licenses,
applications, certifications, approvals, orders or similar authorizations or
entitlements,
(iii) authorizing City to enter into,modify or renew a contract;
(iv) granting City approval to a contract that requires City approval and to
-which City is a party, or to the specifications for such a contract;
(v) granting City approval to a plan, design,report,study or similar item;
(vi) adopting,or granting City approval of, policies, standards or guidelines for
City or for any subdivision thereof.
R Does not serve in a staff capacity with City and in that capacity, participate in
making a governmental decision or otherwise perform the same or substantially all the
same duties for City that would otherwise be performed by an individual holding a
position specified in City's Conflict of Interest Code under Government Code section
87302,
7.3 In the event City officially determines that Consultant must disclose its financial interests
by completing and filing a Fair Political Practices Commission Form 700, Statement of
Economic Interests, Consultant shall file the subject Form 700 with the City Clerk's
office pursuant to the written instructions provided by the Office of the City Clerk.
ARTICLE 8 -GENERAL CONSIDERATIONS
8.1 Attorneys' Fees, In the event any action is commenced to enforce or interpret any of the
terms or conditions of this Agreement the prevailing Party shall, in addition to any costs
and other relief,be entitled to the recovery of its reasonable attorneys'fees,including fees
for the use of in-house counsel by a Party.
8.2 Prohibition Against Assignment. Consultant shall not assign any of the Services, except
with the prior written approval of City and in strict compliance with the terms, and
conditions of this Agreement.
8.3 Documents and Records. All documents, records, drawings, designs, cost esti
gnsco es,mat
electronic data files, databases and other documents developed by Consultant in
connection with its performance of the Services, and any copyright interest in such
documents, shall become the property of City and shall be delivered to City upon
completion of the Services, or upon the request of City. Any reuse of such documents,
and any use of incomplete documents, shall be at City's sole risk.
8.4 Independent Contractor Status. Consultant is for all purposes under this Agreement an
independent contractor and shall perform the Services as an independent contractor,
Neither City nor any of its agents shall have control over the conduct of Consultant or
any of Consultant's employees, except as herein set forth. Consultant shall supply all
tools and instrumentalities required to perform the Services. All personnel employed by
Consultant are for its account only, and in no event shall Consultant or any personnel
retained by it be deemed to have been employed by City or engaged by City for the
account of. or on behalf of City. Consultant shall have no authority, express or implied,
to act on behalf of City in any capacity whatsoever as an agent,nor shall Consultant have
any authority,express or implied,to bind City to any obligation.
8.5 Termination.
A. Unless earlier terminated as provided for below, this Agreement shall terminate
upon completion and acceptance of the Services by City.
B. This Agreement may be terminated by City, in its sole discretion, by providing
thirty (30) days' prior written notice to Consultant (delivered by certified mail, return
receipt requested)of City's intent to terminate.
C. If this Agreement is terminated by City, an adjustment to Consultant's
compensation shall be made, but(1)no amount shall be allowed for anticipated profit or
unperformed Services, and (2) any payment due Consultant at the time of termination
may be adjusted to the extent of any additional costs to City occasioned by any default by
Consultant.
D. Upon receipt of a termination notice, Consultant shall immediately discontinue its
provision of the Services and, within five (5) days of the date of the termination notice,
deliver or otherwise make available to City, copies (in both hard copy and electronic
form, where applicable) of any data, design calculations, drawings, specifications,
reports, estimates,summaries and such other information and materials as may have been
accumulated by Consultant in performing the Services. Consultant shall be compensated
on a pro-rata basis for Services completed up to the date of termination.
8.6 Books and Records. Consultant shall maintain any and all books, ledgers, invoices,
accounts and all other records and documents evidencing costs and expenses related to
the Services for a 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. Such books shall be
available at all reasonable times for examination by City at the office of Consultant.
8.7 Entire Agreement/Amendment. This Agreement, including the Exhibits incorporated
herein by reference, represents the entire agreement and understanding between the
Parties as to the matters contained herein, and any prior negotiations, written proposals or
verbal agreements relating to such matters are superseded by this Agreement. Except as
otherwise provided for herein, any amendment to this Agreement shall be in writing,
approved by City and signed by City and Consultant.
8.8 Governing Law. This Agreement shall be governed by and construed in accordance with
the laws of the State of California,
8.9 Severability. If one or more of the sentences, clauses, paragraphs or sections contained in
this Agreement is declared invalid, void or unenforceable by a court of competent
jurisdiction, the same shall be deemed severable from the remainder of this Agreement
and shall not affect, impair or invalidate any of the remaining sentences, clauses,
paragraphs or sections contained herein, unless to do so would deprive a Party of a
material benefit of its bargain under this Agreement.
IN WITNESS WHEREOF, duly authorized representatives of the City and Consultant
have signed in confirmation of this Agreement.
CITY OF REDLANDS CONSULTANT
By: By:
Enri arhne',Ci VM91ager N& ael . DiF_ ippo
Attest:
City Clerk) 1
EXHIBIT A
SCOPE OF SERVICES
The City of Redlands may be required to reduce its wastewater TDS in the near future.
Currently, the treatment plant discharges water to the Santa Ana River with an average TDS of
425 mg/l. Its current discharge limit for TDS is 450 mg/l; however, it may be reduced to 400
mg/1, This proposal will identify and evaluate treatment approaches to meet this possible
requirement. Lastly, as we discussed with Steve Johnson, the Technical Manager for the
Mountainview Generating Station, the power plant may provide viable disposal options for
Redlands. These will also be evaluated.
The project will consist of four tasks.
Task I —Data Gathering
Some data has already been provided (at our meeting last week). Additional wastewater plant
operating data may be requested to fully evaluate the plant's options. This could include a
process flow diagram of the wastewater plant. Also, operating data from the Mountainview
Generating Station will be obtained and reviewed as needed(much of it is already in hand).
Task 2—Identify Treatment Technologies
Three or four alternatives will be identified and evaluated—mostly they involve reverse osmosis
to remove salt from wastewater. Other technologies will be identified, but not seriously pursued,
e.g. evaporation and crystallization.
Task 3—Evaluate Alternatives
Each treatment option will be outlined and evaluated — identify required equipment, estimate
area requirements, estimate operating costs (chemicals and power), estimate order-of-magnitude
installed equipment cost, and estimate the need for additional staff to operate the equipment. The
Mountain-view Generating Station will be part of the options analysis, since it could provide a
viable means of disposal for reverse osmosis brine.
Task 4— Summarize Findings
A draft report will be submitted for initial review and comment. After incorporating City input, a
final report will be issued. The findings will be presented in a meeting with Water Resources
Staff at the completion of the study.
4
EXHIBIT B
PROJECT SCHEDULE
The Project is anticipated to be completed within eight weeks of notice to proceed.
EXHIBIT C
PROJECT COSTS
Services gill be provided on an hourly rate basis, Tasks in this scope of work will be completed
for a not to exceed amount of$19,840 including direct costs.
Treatment Alternatives to Reduce TDS—Project Costs
Task Description hours
1. Gather Chemistry &Flow Data 12
2. Identify Treatment Technologies 12
3. Evaluate Alternatives 32
4. Summarize Findings
Prepare Draft Report 32
Finalize Report 8
Meeting with Water Resources Staff 8
Total 104
Labor(aDl $185/hour $19,240
Expenses $600
Total $19,840
Expenses include travel (one visit to Redlands)plus outside copying services (if required).
4
EXHIBIT D
RATESCHEDULE
Consulting Services
2008 Billin Rate $185/hour
2009 Billin Rate $185/hour
Travel At Cost
Project Expenses At Cast
2008 Mileage(IRS rate) $0.585/mile
3rd Party and Expense Char es 15%
MUNICIPAL UTILITIES & ENGINEERING DEPARTMENT ",Cog ge,j4
MEMORANDUM
TO: N. Enrique Martinez, City Manager C4
"4,V4A4
VO44to
FROM: Rosemary Hoerning, Municipal Utilities& Engineering Director /jot oz>
DATE: September 17, 2008
SUBJECT: Consulting Service Agreement for Evaluation of Treatment Alternatives to Reduce TDS
from the Wastewater Treatment Plant, with Michael N. DiFillipo
During a recent permit review for the City's Wastewater Treatment Plant by the Regional Water Quality
Control Board (RWQCB), RWQCB considered lowering the discharge limit for the total dissolved solids
{TDS} for the Plant from 465 mg/L to 400 mg/L, based on their findings in a recently-issued Groundwater
Basin Management Plan. The average TDS in the plant effluent is approximately at 425 mg/L. In order
to comply with the potential more stringent discharge limit for TDS, additional treatment or other
alternatives may be necessary. While MUED staff is still negotiating with RWQCB to maintain the
existing TDS discharge limit, Staff has worked with Yucaipa Valley Water District (YVWD) and
Mountain View Power(MVP)to Identify alternatives.
The first alternative to lower the TDS at the Plant is to install a treatment system, such as reverse osmosis
(RO), to reduce the TDS level prior to percolation of the effluent back into groundwater. However,
concentrated TDS wastestream from the RO treatment process, brine. is required to be properly disposed.
Participation in construction of a brine line may be the only viable way to dispose of brine. -YVWD is
currently working on a project, valued at $18 million, for extension of the Santa Ana Regional Interceptor
(SARI) brine pipeline from the city of San Bernardino to Yucaipa. Staff has estimated the preliminary
financial impact for installation of a RO system, participation in the brine line construction, and purchase
the capacity for treatment at the Orange' County Sanitation District (OCSD) may cost well over $10
million.
Staff favors a second alternative, which is to install an RO system at the wastewater plant. but instead of
participating in the YVWD's brine line project to dispose of the brine, work with MVP' to utilize the
city's existing recycled water pipeline which delivers water to MVP. Under this scenario, brine from the
city's RO system would be mixed in the water going to MVP, and MVP would use the water as they
currently do and dispose of the TDS using their existing brine line system. Additional evaluation is
required to confirm this alternative is viable because it results in a higher concentration of TDS in the
water delivered to MVP, Staff has obtained a cost proposal from Michael N. DiFillipo to evaluate
treatment alternatives.
Michael N. DiFillipo has worked with MVP for many years prior to becoming a water expert providing
consulting services to MVP on an on-going basis. Mr. DiFillipo is very familiar with the MVP's system
and its operation and his work has been highly praised by MVP. Based on a recent meeting with Mr.
DiFillipo and an MVP representative, staff believes that Mr. DiFillipo is in a best position to provide cost-
effective evaluation services for this project. Because MVP is a private operation it is important MVP
representatives approve the consultant performing the studies of their plant and allow access to their
facilities and records. Staff has evaluated the level of service required for the Project and believes the
scope of work and associated project fee in the Agreement are reasonable and appropriate.
The Agreement has been reviewed by the City Attorney.
FISCAL, IMPACT: The fee for the scope of work is $19,840. Funding for the project is included in the
Wastewater Projects Budget.
ATTACHMENT:
(1) Agreement for Evaluation of Treatment Alternatives to Reduce TDS from the Wastewater Treatment
Plant
cc: Chris Diggs, Water Resources Manager
Wen Huang, Engineering Manager