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HomeMy WebLinkAboutWinzler & Kelly 2009-03-05e,&-u- o . ©3dss AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES This Agreement, made and entered into this SS day of /41.14 , 2009 ( "Effective Date "), by and between CITY OF UKIAH, CALIFORNIA, hereinafter referred to as "City" and Winzler & Kelly, a corporation, organized and in good standing under the laws of the state of California, hereinafter referred to as "Consultant ". RECITALS This Agreement is predicated on the following facts: a. City' requires consulting services related to the preparation of applications to State Revolving Fund (SRF) programs to secure federal recovery and rehabilitation act funds for water and sewer infrastructure projects. b. Consultant represents that it has the qualifications, skills, experience and properly licensed to provide these services, and is willing to provide them according to the terms of this Agreement. c. City and Consultant agree upon the Scope -of -Work and Work Schedule attached hereto as Attachment "A ", describing contract provisions for the project and setting forth the completion dates for the various services to be provided pursuant to this Agreement. TERMS OF AGREEMENT 1.0 DESCRIPTION OF PROJECT 1.1 The Project is described in detail in the attached Scope -of -Work (Attachment "A "). 2.0 SCOPE OF SERVICES 2.1 As set forth in Attachment "A ". 2.2. Additional Services. Additional services, if any, shall only proceed upon written agreement between City and Consultant. The written Agreement shall be in the form of an Amendment to this Agreement. 3.0 CONDUCT OF WORK 3.1 Time of Completion. Consultant shall commence performance of services as required by the Scope -of -Work upon receipt of a Notice to Proceed from City and shall complete such services by October 31, 2009. Consultant shall complete the work to the City's reasonable satisfaction, even if contract disputes arise or Consultant contends it is entitled to further compensation. 4.0 COMPENSATION FOR SERVICES 4.1 Basis for Compensation. For the performance of the professional services of this Agreement, Consultant shall be compensated on a time and expense basis not to exceed a guaranteed maximum dollar amount of $150,592. Labor charges shall be based upon hourly billing rates for the various classifications of personnel employed by Std - ProfSvcsAgreement- November 20, 2008 PAGE 1 OF 7 Consultant to perform the Scope of Work as set forth in the attached Attachment B, which shall include all indirect costs and expenses of every kind or nature, except direct expenses. The direct expenses and the fees to be charged for same shall be as set forth in Attachment B. Consultant shall complete the Scope of Work for the not -to- exceed guaranteed maximum, even if actual time and expenses exceed that amount. 4.2 Changes. Should changes in compensation be required because of changes to the Scope -of -Work of this Agreement, the parties shall agree in writing to any changes in compensation. "Changes to the Scope-of-Work" means different activities than those described in Attachment "A" and not additional time to complete those activities than the parties anticipated on the date they entered this Agreement. 4.3 Sub- contractor Payment. The use of sub - consultants or other services to perform a portion of the work of this Agreement shall be approved by City prior to commencement of work. The cost of sub - consultants shall be included within guaranteed not -to- exceed amount set forth in Section 4.1. 4.4 Terms of Payment. Payment to Consultant for services rendered in accordance with this contract shall be based upon submission of monthly invoices for the work satisfactorily performed prior to the date of the invoice less any amount already paid to Consultant, which amounts shall be due and payable thirty (30) days after receipt by City. The invoices shall provide a description of each item of work performed, the time expended to perform each task, the fees charged for that task, and the direct expenses incurred and billed for. Invoices shall be accompanied by documentation sufficient to enable City to determine progress made and to support the expenses claimed. 5.0 ASSURANCES OF CONSULTANT 5.1 Independent Contractor. Consultant is an independent contractor and is solely responsible for its acts or omissions. Consultant (including its agents, servants, and employees) is not the City's agent, employee, or representative for any purpose. It is the express intention of the parties hereto that Consultant is an independent contractor and not an employee, joint venturer, or partner of City for any purpose whatsoever. City shall have no right to, and shall not control the manner or prescribe the method of accomplishing those services contracted to and performed by Consultant under this Agreement, and the general public and all governmental agencies regulating such activity shall be so informed. Those provisions of this Agreement that reserve ultimate authority in City have been inserted solely to achieve compliance with federal and state laws, rules, regulations, and interpretations thereof. No such provisions and no other provisions of this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Consultant and City. Consultant shall pay all estimated and actual federal and state income and self - employment taxes that are due the state and federal government and shall furnish and pay worker's compensation insurance, unemployment insurance and any other benefits required by law for himself and his employees, if any. Consultant agrees to indemnify and hold City and its officers, agents and employees harmless from and against any claims or demands by federal, state or local government agencies for any such taxes or benefits due but not paid by Consultant, including the legal costs associated with defending against any audit, claim, demand or law suit. Std - ProlSvcsAgreement- November 20, 2008 PAGE 2 OF 7 Consultant warrants and represents that it is a properly licensed professional or professional organization with a substantial investment in its business and that it maintains its own offices and staff which it will use in performing under this Agreement. 5.2 Conflict of Interest. Consultant understands that its professional responsibility is solely to City. Consultant has no interest and will not acquire any direct or indirect interest that would conflict with its performance of the Agreement. Consultant shall not in the performance of this Agreement employ a person having such an interest. If the City Manager determines that the Consultant has a disclosure obligation under the City's local conflict of interest code, the Consultant shall file the required disclosure form with the City Clerk within 10 days of being notified of the City Manager's determination. 6.0 INDEMNIFICATION 6.1 Insurance Liability. Without limiting Consultant's obligations arising under Paragraph 6.2 Consultant shall not begin work under this Agreement until it procures and maintains for the full period of time allowed by law, surviving the termination of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with its performance under this Agreement. A. Minimum Scope of Insurance Coverage shall be at least as broad as: 1. Insurance Services Office ( "ISO) Commercial General Liability Coverage Form No. CG 20 10 10 01 and Commercial General Liability Coverage — Completed Operations Form No. CG 20 37 10 01. 2. ISO Form No. CA 0001 (Ed. 1/87) covering Automobile Liability, Code 1 "any auto" or Code 8, 9 if no owned autos and endorsement CA 0025. 3. Worker's Compensation Insurance as required by the Labor Code of the State of California and Employers Liability Insurance. 4. Errors and Omissions liability insurance appropriate to the consultant's profession. Architects' and engineers' coverage is to be endorsed to include contractual liability. B. Minimum Limits of Insurance Consultant shall maintain limits no Tess than: 1. General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage including operations, products and completed operations. If Commercial General Liability Insurance or other form with a general aggregate limit is used, the general aggregate limit shall apply separately to the work performed under this Agreement, or the aggregate limit shall be twice the prescribed per occurrence limit. 2 Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. Std - ProfSvcsAgreement- November 20, 2008 PAGE 3 OF 7 3. Worker's Compensation and Employers Liability: Worker's compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. 4. Errors and Omissions liability: $1,000,000 per occurrence. C. Deductibles and Self- Insured Retentions Any deductibles or self- insured retentions must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects to the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. D. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: 1. General Liability and Automobile Liability Coverages a. The City, it officers, officials, employees and volunteers are to be covered as additional insureds as respects; liability arising out of activities performed by or on behalf of the Consultant, products and completed operations of the Consultant, premises owned, occupied or used by the Consultant, or automobiles owned, hired or borrowed by the Consultant for the full period of time allowed by law, surviving the termination of this Agreement. The coverage shall contain no special limitations on the scope -of- protection afforded to the City, its officers, officials, employees or volunteers. b. The Consultant's insurance coverage shall be primary insurance as respects to the City, its officers, officials, employees and volunteers. Any insurance or self - insurance maintained by the City, its officers, officials, employees or volunteers shall be in excess of the Consultant's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. d. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2. Worker's Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from Consultant's performance of the work, pursuant to this Agreement. Std - ProlSvcsAgreement- November 20. 2008 PAGE 4 OF 7 3. Professional Liability Coverage If written on a claims -made basis, the retroactivity date shall be the effective date of this_ Agreement. The policy period shall extend from 10/31/2009 to 10/30/2011. 4. All Coverages Each Insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. E. Acceptability of Insurers Insurance is to be placed with admitted California insurers with an A.M. Best's rating of no less than A- for financial strength, AA for long -term credit rating and AMB -1 for short-term credit rating. F. Verification of Coverage Consultant shall furnish the City with Certificates of Insurance and with original Endorsements effecting coverage required by this Agreement. The Certificates and Endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The Certificates and Endorsements are to be on forms provided or approved by the City. Where by statute, the City's Workers' Compensation - related forms cannot be used, equivalent forms approved by the Insurance Commissioner are to be substituted. All Certificates and Endorsements are to be received and approved by the City before Consultant begins the work of this Agreement. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. If Consultant fails to provide the coverages required herein, the City shall have the right, but not the obligation, to purchase any or all of them. In that event, the cost of insurance becomes part of the compensation due the contractor after notice to Consultant that City has paid the premium. G. Subcontractors Consultant shall include all subcontractors or sub - consultants as insured under its policies or shall furnish separate certificates and endorsements for each sub - contractor or sub- consultant. All coverage for sub - contractors or sub - consultants shall be subject to all insurance requirements set forth in this Paragraph 6.1. 6.2 Indemnification. Notwithstanding the foregoing insurance requirements, and in addition thereto, Consultant agrees, for the full period of time allowed by law, surviving the termination of this Agreement, to indemnify the City for any claim, cost or liability that arises out of, or pertains to, or relates to any negligent act or omission or the willful misconduct of Consultant in the performance of services under this contract by Consultant, but this indemnity does not apply to liability for damages for death or bodily injury to persons, injury to property, or other loss, arising from the sole negligence, willful Std - ProfSvcsAgreement- November 20, 2008 PAGE 5 OF 7 misconduct or defects in design by the City, or arising from the active negligence of the City. "Indemnify," as used herein includes the expenses of defending against a claim and the payment of any settlement or judgment arising out of the claim. Defense costs include all costs associated with defending the claim, including, but not limited to, the fees of attorneys, investigators, consultants, experts and expert witnesses, and litigation expenses. References in this paragraph to City or Consultant, include their officers, employees, agents, and subcontractors. 7.0 CONTRACT PROVISIONS 7.1 Ownership of Work. All documents furnished to Consultant by City and all documents or reports and supportive data prepared by Consultant under this Agreement are owned and become the property of the City upon their creation and shall be given to City immediately upon demand and at the completion of Consultant's services at no additional cost to City. Deliverables are identified in the Scope -of -Work, Attachment "A ". All documents produced by Consultant shall be furnished to City in digital format and hardcopy. Consultant shall produce the digital format, using software and media approved by City. 7.2 Governing Law. Consultant shall comply with the laws and regulations of the United States, the State of California, and all local governments having jurisdiction over this Agreement. The interpretation and enforcement of this Agreement shall be governed by California law and any action arising under or in connection with this Agreement must be filed in a Court of competent jurisdiction in Mendocino County. 7.3 Entire Agreement. This Agreement plus its Attachment(s) and executed Amendments set forth the entire understanding between the parties. 7.4 Severability. If any term of this Agreement is held invalid by a court of competent jurisdiction, the remainder of this Agreement shall remain in effect. 7.5 Modification. No modification of this Agreement is valid unless made with the agreement of both parties in writing. 7.6 Assignment. Consultant's services are considered unique and personal. Consultant shall not assign, transfer, or sub- contract its interest or obligation under all or any portion of this Agreement without City's prior written consent. 7.7 Waiver. No waiver of a breach of any covenant, term, or condition of this Agreement shall be a waiver of any other or subsequent breach of the same or any other covenant, term or condition or a waiver of the covenant, term or condition itself. 7.8 Termination. This Agreement may only be terminated by either party: 1) for breach of the Agreement; 2) because funds are no longer available to pay Consultant for services provided under this Agreement; or 3) City has abandoned and does not wish to complete the project for which Consultant was retained. A party shall notify the other party of any alleged breach of the Agreement and of the action required to cure the breach. If the breaching party fails to cure the breach within the time specified in the notice, the contract shall be terminated as of that time. If terminated for lack of funds or Std - ProtSvcsAgreement- November 20. 2008 PAGE 6 OF 7 abandonment of the project, the contract shall terminate on the date notice of termination is given to Consultant. City shall pay the Consultant only for services performed and expenses incurred as of the effective termination date. In such event, as a condition to payment, Consultant shall provide to City all finished ' or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by the Consultant under this Agreement. Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder, subject to off -set for any direct or consequential damages City may incur as a result of Consultant's breach of contract. 7.9 Duplicate Originals. This Agreement may be executed in duplicate originals, each bearing the original signature of the parties. When so signed, each such document shall be admissible in administrative or Judicial proceedings as proof of the terms of the Agreement between the parties. 8.0 NOTICES Any notice given under this Agreement shall be in writing and deemed given when personally delivered or deposited in the mail (certified or registered) addressed to the parties as follows: CITY OF UKIAH Winzier & Kelly DEPT. OF PUBLIC WORKS, WATER/SEWER Attn: Mary Grace Pawson 300 SEMINARY AVENUE 495 Tesconi Circle UKIAH, CALIFORNIA 95482 -5400 Santa Rosa, CA 95406 9.0 SIGNATURES IN WIT ► 'SS W ` ,' E • F, t parties have executed this Agreement the Effective Date: CONSULT BY: °2 ate PRINT NAME: /664y IRS IDN Number CITY OF UKIAH .Std - ProfSvcsAgreement- November 20, 2008 PAGE 7 OF 7 Date ATTACHMENT "A" Scope of Services Program Management Assistance for Securing Economic Recovery Funding for City of Ukiah Understanding Both the California Department of Public Health (CDPH) and the State Water Resources Control Board (SWRCB) anticipate receiving significant federal funding through the American Recovery and Reinvestment Bill. CDPH funds projects that improve the potable water supply for communities and SWRCB funds projects that improve water quality including wastewater collection and treatment, water recycling and certain storm water quality projects. CDPH and SWRCB will use their existing revolving loan funding programs to distribute the money to public agencies in California. Both CDPH and SWRCB have indicated that they will be making modifications to these programs, including possible provisions for zero - interest loans and grants, in order to provide needed assistance to local agencies. The key to accessing funding from these programs will be speed: both CDPH and SWRCB will fund projects that can be ready for bid, possibly as early as June 2009. The City of Ukiah (City) has a number of projects that qualify for the state funding programs and that could be designed in time to make the aggressive schedules outlined by CDPH and SWRCB. These projects have been preliminarily grouped in order to maximize their eligibility for funding and facilitate planning and design. The projects are described below. For the CDPH Funding Program 1. The Groundwater Capacity Restoration Project which involves constructing two new wells and abandoning two existing 50 -year old wells in order to restore the City's historic groundwater production capacity. 2. The Distribution System Reliability Project which involves replacement of all ACP water mains with parallel PVC mains to improve reliability and avoid additional catastrophic failures. For the SWRCB Funding Program 1. The Sanitary Sewer Overflow (SSO) Compliance Project which involves rehabilitation (lining) of sewer lines and manholes to reduce I &I in sewer mains, together with mapping the City's storm drain outfalls and installing access to manage SSO's before they reach surface waters. 2. The Recycled Water and Stormwater Development Project which includes nutrient treatment and filter improvements at the wastewater treatment plant to Page 1 of 8 ATTACHMENT "A" produce recycled water year round; addition of a storage pond for emergency /equalization and recycled water storage; construction of a recycled water pump station and truck fill station; installation of a recycled water transmission pipeline for agriculture reuse (north to Gobbi Road); installation of a recycled water transmission pipeline for golf course use (west under Hwy 101, and north in Dora to the municipal golf course); installation of recycled water storage tanks; and installation of storm water capture structures (cisterns) in city parks and at the golf course. This scope of services provides for the work necessary to file pre- applications and applications under both programs together with the management assistance necessary to coordinate and develop the planning, environmental and financial documentation required by the funding programs. This scope of services assumes that detailed design for each of the four projects will be managed under a separate contract. Much of the information developed to compete for Economic Recovery and Reinvestment funding will also assist the City in competing for other funding such as the Integrated Regional Water Management Plan funding coming through Proposition 84. Task - Based Scope of Work Assumptions 1. City will retain design consulting services under separate contract 2. City will retain rate consulting services under a separate contract 3. City will authorize scope and fee for project permitting services upon completion of the CEQA/NEPA document 4. City will provide existing facilities plans and rate information as available Task 1 CDPH and SWRCB Pre- applications Both the CDPH and SWRCB programs require a pre - application phase. For CDPH, the "Universal Preapp 2009 Economic Recovery" was made available on February 2, 2009 and must be completed by. February 27, 2009. This is an electronic form the City must submit to qualify for funding. CDPH will review the pre - applications and invite formal applications. Winzler & Kelly will complete a Universal Preapp 2009 Economic Recovery for each of the proposed potable water projects. For SWRCB, projects must be entered through the Financial Assistance Application Submittal Tool (FAAST) in order to be placed on the eligible funding list. Any project on the eligible funding list may submit an application (i.e., unlike the CDPH process, applications are not "invited ", the SWRCB enters funding contracts based solely upon readiness to proceed). Winzler & Kelly will enter both the SSO Compliance Project and the Recycled Water and Storm Water Development Project through the FAAST process. Deliverables: Completed Pre - applications for four projects Page 2of8 ATTACHMENT "A" Task 2 CDPH Application for Groundwater Capacity Restoration Project CDPH anticipates making invitations for formal applications in early April, and, based on Winzler & Kelly's initial review of CDPH priority criteria, this project could qualify in Category E (relatively high in CDPH's prioritization system). However, because the schedule requires a complete application by June 2009, the City will need to begin work in advance of receiving an invitation to apply. Winzler & Kelly's scope for the CDPH application includes subtasks that allow the City to begin necessary early work but also afford the City the opportunity to cancel some sub - tasks, if it is not invited to make a formal application. Task 2 -1: CEQA/NEPA Documentation: This project will likely qualify for an exemption under CEQA. The City will need to provide a copy of the Notice of Exemption to the CDPH. Winzler & Kelly will prepare and submit these forms to the City for posting with the County Clerk. In support of Section 7 of the Endangered Species Act and Section 106 of the National Historic Preservation Act, we have included a habitat assessment, and development of an Area of Potential Effect map and record search with the Northwest Information Center to assist CDPH in their determination of the need for consultation. During development of the project description these documents may be determined to be unnecessary and would then be removed from our scope. We also have included in our scope assistance to CDPH in documenting compliance with the federal regulatory requirements for Environmental Authorities, including a quantification of construction and operational emissions in support of the Clean Air Act. Deliverables: Completed Notice of Exemption Habitat Assessment (if necessary) APE and Cultural Resources Record Search Supporting information for Clean Air Act Consistency Determination Task 2 -2: Coordination on Technical, Managerial and Financial Submittal: Winzler & Kelly understands that the City is currently commissioning a water rate study. Winzler & Kelly will coordinate with the rate study consultant in order to assure that the final document meets CDPH's criteria. Winzler & Kelly will also work with the City to complete the remainder of the Technical Managerial and Financial (TMF) submittal which will support both CDPH funding applications. Both the water rate study and the TMF must be attached to the funding application. Deliverables: Completed TMF submittal Task 2 -3 Coordination with Design Team: Winzler & Kelly will coordinate with the design team during the development of the plans, specifications and estimate for the project. The 100% design plans (not prepared as part of this scope of work) must be attached to the funding application. Page 3 of 8 ATTACHMENT "A" Task 2 -4 Complete Funding Application: Winzler & Kelly will assemble all required attachments and complete the funding application per CDPH requirements. This task also includes up to three (3) meetings with CDPH. Deliverables: Completed Funding Application Task 3 CDPH Application for Distribution System Reliability Project CDPH anticipates making invitations for formal applications in early April and, based on Winzler & Kelly's initial review of CDPH priority criteria, this project will likely qualify in Category 0. While this is a low prioritization category, CDPH is encouraging local agencies to apply for assistance, because the large funding pool and tight deadlines mean that even lower priority projects may be funded in order to meet the program's goal of getting funding to "shovel- ready" projects quickly. However, because the schedule requires a complete application by June 2009, the City will need to begin work in advance of receiving an invitation to apply. Winzler & Kelly's scope for the CDPH. application includes subtasks that allow the City to begin necessary early work but also afford the City the opportunity to cancel some sub -tasks if it is not invited to make a formal application. Task 3 -1: CEQA/NEPA Documentation: This project will likely qualify for an exemption under CEQA. The City will need to provide a copy of the Notice of Exemption filing to the CDPH. Winzler & Kelly will prepare and submit these forms to the City for posting with the County Clerk. In support of Section 7 of the Endangered Species Act and Section 106 of the National Historic Preservation Act, we have included a habitat assessment, and development of an Area of Potential Effect map and record search with the Northwest Information Center to assist CDPH in their determination of the need for consultation. During development of the project description these documents may be determined to be unnecessary and would then be removed from our scope. We also have included in our scope assistance to CDPH in documenting compliance with the federal regulatory requirements for Environmental Authorities, including a quantification of construction and operational emissions in support of the Clean Air Act. Deliverables: Completed Notice of Exemption Habitat Assessment (if necessary) APE and Cultural Resources Record Search Supporting information for Clean Air Act Consistency Determination Task 3 -2: Coordination on Technical, Managerial and Financial Submittal: Winzler & Kelly will prepare this submittal under Task 2. The submittal will support both applications. Task 3 -3 Coordination with Design Team: Winzler & Kelly will coordinate with the design team during the development of the plans, specifications and estimate for the Page 4of8 ATTACHMENT "A" project. The 100% design plans (not prepared as part of this scope of work) must be attached to the funding application. Task 3 -4 Complete Funding Application: Winzler & Kelly will assemble all required attachments and complete the funding application per CDPH requirements. Meetings with CDPH are included under Task 2. Deliverables: Completed Funding Application Task 4 SWRCB Application for SSO Compliance Project Task 4 -1 Facilities Plan Preparation: Working from the City's existing documentation (previous collection system studies and the current Sanitary Sewer Management Plan), Winzler & Kelly will prepare a Facilities Plan for this project consistent with SWRCB requirements. This Facilities Plan must be attached to the funding application. Task 4 -2: "CEQA Plus" Documentation: Under an MOU with EPA, SWRCB prepares "CEQA Plus" documents to satisfy both CEQA and NEPA. This project will likely qualify for an exemption under CEQA. The City will need to provide a copy of the Notice of Exemption (NOE) filing to the SWRCB. Winzler & Kelly will prepare and submit the NOE to the City for posting with the County Clerk. Winzler & Kelly will prepare the Evaluation Form for Environmental Review and Federal Coordination. In support of this form we have included preparation of a habitat assessment, development of an Area of Potential Effect map, a record search with the Northwest Information Center, and quantification of project air emissions. We also will address the Coastal Zone Management Act, Farmland Protection Policy Act, Flood Plain Management EO 11988, Migratory Bird Act, Protection of Wetlands BO 11990, Wild and Scenic Rivers Act, and Source Water Protection, as required. Deliverables: Completed Notice of Exemption Completed Evaluation Form for Environmental Review and Federal Coordination Habitat Assessment (if necessary) APE and Cultural Resources Record Search Task 4 -3: Coordination on Revenue Program: Winzler & Kelly will utilize the City's existing Revenue Program, prepared for the wastewater treatment plant upgrade project to satisfy state requirements. The Revenue Program would be attached to the funding application. Task 4 -4 Coordination with Design Team: Winzler & Kelly will coordinate with the design team during the development of the plans, specifications and estimate for the project. The design plans (not prepared as part of this scope of work) must be attached to the funding application. Page 5 of 8 ATTACHMENT "A" Task 4 -5 Complete Funding Application: Winzler & Kelly will assemble all required attachments and complete the funding application per SWRCB Requirements. This task includes up to four (4) meetings with SWRCB. Deliverables: Completed Funding Application Task 5 SWRCB Application for Recycled Water and Stormwater Development Project Task 5 -1 Facilities Plan Coordination Winzler & Kelly will coordinate with the design team during the development of the facilities plan. The facilities plan (not prepared as part of this scope of work) must be attached to the funding application. Task 5 -2: CEQA Plus Documentation: The appropriate CEQA documentation for this project is anticipated to be an Initial Study/Mitigated Negative Declaration ( IS/MND). The State Revolving Loan Fund applications will not be deemed complete without the Final Initial Study/Mitigated Negative Declaration and copies of the Notice of Completion (NOC), Notice of Intent (NOT) and Notice of Determination (NOD) filings with the State Clearinghouse and County Clerk. The Initial Study will be a "CEQA- Plus" document in accordance with the Environmental Review Process Guidelines for SRFL Applicants. This means that additional information will need to be collected in support of the Federal Endangered Species Act, Federal General Conformity Rule for the Federal Clean Air Act, and the National Historic Preservation Act. Winzler & Kelly will prepare the IS/MND consisting of the requisite summary sections and an appropriate environmental checklist, graphics, and feasible mitigation measures. The analysis will evaluate the potential for the project to have significant environmental impacts using the most recent version of CEQA Guidelines Environmental Checklist form. Issues of particular focus are related to the storage pond; this scope and budget assume that the storage pond has an impermeable liner or that the engineering design team will provide information needed for environmental review of potential water quality impacts. Mitigation measures will be incorporated into a Mitigation Monitoring Program (MMP). The MMP will identify assignments of responsibility and time frames for implementation, as required. The Draft IS/MND will be reviewed according to Winzler & Kelly's Quality Assurance /Quality Control Program by senior environmental staff. Winzler & Kelly will prepare an Administrative Draft of the IS /MND for City review and expects to receive one annotated copy that includes all City comments. The City would be expected to discuss all in -house comments to resolve any disagreements between reviewers before conveying comments to Winzler & Kelly. Winzler & Kelly staff will attend a meeting with the District to discuss comments of the Administrative Draft IS. Following City review of the Administrative Draft IS, the document will be revised and Page6of8 ATTACHMENT "A" submitted to the District electronically for a final check prior to publication. Winzler & Kelly will then prepare the Draft IS/MND for circulation and submit 15 copies to the State Clearinghouse. Winzler & Kelly will prepare the NOC, NOI, and NOD. It is anticipated that the City would be responsible for filing the NOD with the County Clerk and placing the NOI ad in a local newspaper of general circulation. Winzler & Kelly will be responsible for filing the NOC and NOD with the State Clearinghouse. After the circulation period for the Draft IS/MND has concluded, Winzler & Kelly will prepare written responses to agency and public comments received. For purposes of calculating the budget for this task, Winzler & Kelly assumes no more than 25 comments . will be received. Responses to comments will be included as an appendix to the Final IS /MND, and the body of the Draft IS /MND will be revised, as appropriate. When comments have been addressed and final mitigation measures have been developed, Winzler & Kelly will finalize the MMP and will include it as an appendix to Final IS /MND. Deliverables: Administrative Draft IS /MND (submitted electronically) Draft IS /MND (35 copies) Notice of Completion Notice of Intent Administrative Draft Final IS /MND (submitted electronically) • Final IS /MND (35 copies) Notice of Determination Task 5 -3: Coordination on Revenue Program: Winzler & Kelly will utilize the City's existing Revenue Program, prepared for the wastewater treatment plant upgrade project to satisfy state requirements. The Revenue Program would be attached to the funding application. Task 5 -4 Coordination with Design Team: Winzler & Kelly will coordinate with the design team during the development of the plans, specifications and estimate for the project. The 100% design Plans (not prepared as part of this scope of work) must be attached to the funding application. Task 5 -5 Complete Funding Application: Winzler & Kelly will assemble all required attachments and complete the funding application per SWRCB Requirements. Meetings are included with Task 4. Deliverables: Completed Funding Application Page 7 of 8 ATTACHMENT "A" Milestone Schedule The Milestone schedule outlined below Milestone Task Dates City Authorization to Proceed February 5, 2009 Pre - applications. Complete February 13, 2009 CDPH Projects CEQA/NEPA complete May 1, 2009 Application (including PS &E and Technical, Managerial & Financial Submittal) complete May 31, 2009 Project Permits Complete (not included in scope) July 31, 2009 SWRCB Projects CEQA Plus complete July 1, 2009 Application (including PS &E and Technical, Managerial & Financial Submittal) complete August 31, 2009 Project Permits Complete (not included in scope) October 31, 2009 Page8of8 �� WINZL�RsZKELL�' C O N S U L T I N G E N G I N E E R S Project Name: Prepared by: Job Number: ATTACHMENT B WINZLER & KELLY - PROJECT FEE ESTIMATING SHEET Program Management for Economic Recovery Funding MGP Client: City of Ukiah Date: 02 -04 -09 *OTHER DIRECT COSTS include telephone, mileage, prin ing, photocopies and other miscellaneous direct expenses. *" Includes 3 meetings with CDPH and covers meetings necessary or both Tasks 2 and 3 * ** Costs included with Task 2. A single TMF Submittal will work for both applications **** Includes 3 meetings with SWRCB and covers meetings necessary for both Tasks 4 and 5 NOTE: CEQA costs assume an economy of scale in that items such as travel costs are spread between the tasks. If all four projects are not pursued at the same time, these costs will need to be adjusted. 2/23/2009 Page 1 LABOR COSTS FEE COMPUTATION Task / Item LABOR CATEGORY> RATE > PIC Whiton $205 /Hr Proj. Mgr. Pawson $175 /Hr Fin Anal Yanucil $115 /Hr Staff Eng. $140 IHr Sr. Planner Gaspar. $110 IHr Staff Planner Wietgrefe $90 /Hr Designer $110 /Hr WP Overton $85 /Hr TOTAL HOURS *OTHER DIRECT COSTS Sub - Consultants TOTAL FEE Etchell ASC SSU I &R TASK- 1 Preapplications 8 24 4 36 $ 216 $ 4,816 TASK 2 CDPH Application Groundwater Project 2.1 CEQA/NEPA Documentation 4 8 24 36 $ 216 $ 575 $ 920 $ 690 $ 6,141 2.2 Coordination on Technical, Managerial & Financial 8 16 40 8 72 $ 432 $ 9,952 2.3 Coordination with Design Team 8 8 16 $ 96 $ 3,136 2.4 Complete Funding Application ** 2 32 40 4 8 86 $ 516 $ 12,246 SUBTOTAL TASK 2.0 10 52 56 40 8 24 4 16 210 $ 1,260 $ 575 $ 920 $ 690 $ 31,475 TASK 3 CDPH Application Distribution Project 3.1 CEQA/NEPA Documentation 4 8 24 36 $ 216 $ 575 $ 920 $ 690 $ 6,141 3.2 Coordination on Technical, Managerial & Financial * ** 0 $ - $ - 3.3 Coordination with Design Team 8 8 16 $ 96 $ 3,136 3.4 Complete Funding Application 2 8 40 4 8 62 $ 372 $ 7,902 SUBTOTAL TASK 3.0 10 20 40 0 8 24 4 8 114 $ 684 $ 575 $ 920 $ 690 $ 17,179 TASK 4 SWRCB Application SSO Compliance Project 4.1 Facilities Plan Preparation 8 16 8 60 24 8 $ 744 $ 17,824 4.2 CEQA Plus Documentation 4 12 32 $ 288 $ 575 $ 920 $ 690 $ 7,373 4.3Coordination on the Revenue Program 8 $ 48 $ 1,448 4.4 Coordination with Design Team 8 8 $ 96 $ 3,136 4.5 Complete Funding Application * * ** 2 32 48 4 8 $ 564 $ 13,214 SUBTOTAL TASK 4.0 18 68 56 60 12 32 28 16 0 $ 1,740 $ 575 $ 920 $ 690 $ 42,995 TASK 5 SWRCB Application Recycled Water Project 5.1 Facilities Plan Coordination 4 4 8 $ 48 $ 1,568 5.2 CEQA Plus Documentation 24 8 80 200 24 336 $ 4,816 $ 1,495 $ 1,840 $ 1,610 $ 43,921 5.3Coordination on the Revenue Program 8 8 $ 48 $ 1,448 5.4 Coordination with Design Team 8 8 16 $ 96 $ 3,136 5.5 Complete Funding Application 2 8 48 4 8 70 $ 420 $ 8,870 SUBTOTAL TASK 5.0 14 52 48 8 80 200 4 32 438 $ 5,428 $ 1,495 $ 1,840 $ 1,610 $ 58,943 PROJECT TOTALS 52 192 200 108 108 280 40 72 798 $ 6,688 $3,220 $4,600 $3,680 $ 155,408 *OTHER DIRECT COSTS include telephone, mileage, prin ing, photocopies and other miscellaneous direct expenses. *" Includes 3 meetings with CDPH and covers meetings necessary or both Tasks 2 and 3 * ** Costs included with Task 2. A single TMF Submittal will work for both applications **** Includes 3 meetings with SWRCB and covers meetings necessary for both Tasks 4 and 5 NOTE: CEQA costs assume an economy of scale in that items such as travel costs are spread between the tasks. If all four projects are not pursued at the same time, these costs will need to be adjusted. 2/23/2009 Page 1