LRA Item 10.3 – CC/LRA 06/27/2023
RIVERBANK CITY COUNCIL/ LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 10.3
SECTION 10: PUBLIC HEARINGS
Meeting Date: June 27, 2023
Subject: Review and Adoption of Proposed Fiscal Year 2023-24 Local Redevelopment Authority (LRA) Budget
From: Marisela H. Garcia, City Manager
Submitted by: Melissa Holdaway, Administrative Analyst II
RECOMMENDATION
It is recommended that the Local Redevelopment Authority (LRA) Board of Directors (Board) review and approve the Proposed Fiscal Year 2023-2024 LRA Budget.
SUMMARY
Attached you will find the Proposed Fiscal Year LRA budget for 2023-2024 for LRA Board consideration and adoption. The budget statement provides a look at the LRA’s fiscal accountability and compliance with restrictions on the use of certain financial resources.
This report includes all funds as a whole to assess the LRA’s financial condition in the coming year.
BACKGROUND:
The LRA was formed in April 2006 with Federal approval as the agency responsible for decisions related to conveyance and reuse of the former Riverbank Army Ammunition Plant, now known as the Riverbank Industrial Complex. In April 2010, the LRA moved onto the property to perform protection and maintenance duties on behalf of the Army and to oversee economic development activities in the form of leasing available space to private tenants, as outlined in the community-led and supported Reuse Plan.
Currently, the site holds leases 32 businesses and generates revenues from a variety of services including utilities, propane, public scales, storage and miscellaneous business services. These revenues have shifted to the Master Developer and will no longer be included in any LRA budget category.
LRA Item 10.3 – CC/LRA 06/27/2023
The LRA has been funded by the Office of Local Defense Community Cooperation to provide financial assistance in support of the agency with salaries, administration and professional services. We have provided a new grant application for this fiscal year that has not been approved at the time this agenda was submitted.
The LRA is currently administering a second remediation project on behalf of the Army that began in FY 2015-16 with a grant in excess of $43 million. This project has an additional modification being negotiated that will push completion out to 2024.
Site Revenue Projections
The only revenue expected in the coming fiscal year is from payments due from the Master Developer as negotiated in the Lease Disposition and Development Agreement.
Site Expenditure Projections
Site expenditures are administrative costs and match required by the Office of Local Defense Community Cooperation (OLDCC). We also have a substation project that is earmarked for replacement as funding is available.
Grant Revenue
The OLDCC grant provides funding for salaries and LRA operations. The grant will be expiring on June 30, 2023 and the LRA has submitted a new grant application for the new fiscal year.
Grant Expenditure Projections
OEA grant expenditures consist of administrative and professional expenses and will reimburse expenses at 90% with match coming from leasehold revenue (Fund 197).
ESCA #2 Revenue
Grant revenue from the ESCA #2 is captured in a separate fund (Fund 199). The remaining funds are reimbursables to the contractor for remedial work and final reports.
ESCA #2 Expenditure Projections
ESCA 2 grant expenditures will cover the remaining expenses for our subcontractor contracted for remedial activities and final reports.
Additional Budget Items of Note
The Master Developer Agreement was executed in January 2022, they have assumed all revenue/expenditures related to the site (Fund 197).
FINANCIAL IMPACT
LRA Item 10.3 – CC/LRA 06/27/2023
No financial impacts to the City as funds come from the Master Developer Agreement and grants.
STRATEGIC PLANNING ALIGNMENT
The presentation of the LRA’s FY 2023-24 budget supports the City’s mission and reinforces the City’s core values of transparency and fiscal responsibility.
ATTACHMENT
1. LRA Resolution 2023-
2. FY 2023-24 Proposed Budget worksheet
3. FY 2023-24 Budget Breakdown by Fund
CC/LRA- 06/27/2023
LRA RESOLUTION 2023-
CITY OF RIVERBANK
LOCAL REDEVELOPMENT AUTHORITY
RESOLUTION 2023-
A RESOLUTION OF THE LOCAL REDEVELOPMENT AUTHORITY BOARD OF THE CITY OF RIVERBANK APPROVING THE BUDGET FOR FISCAL YEAR 2023-24
THE CITY OF RIVERBANK LOCAL REDEVELOPMENT AUTHORITY
(HEREAFTER REFERRED TO AS “LRA”) DOES HEREBY RESOLVE THAT:
WHEREAS, the Riverbank Local Redevelopment Authority (“LRA”) acts in accordance with the Defense Base Closure and Realignment Act of 1990; and, WHEREAS, the LRA is responsible for a lease to operate and manage the 175- acre premises and tenants, and,
WHEREAS, the LRA has executed an agreement with Aemetis as the Master Developer to manage leases with said tenants and incurred obligations to expend funds in maintaining and improving the site in accordance to the Army lease; and, WHEREAS the LRA is projecting financing the authority in accordance with the attached budget.
NOW, THEREFORE, BE IT RESOLVED that the Local Redevelopment Authority Board of the City of Riverbank hereby approves the budget for Fiscal Year 2023-24 as follows:
1. Revenues are estimated to be approximately $1,023,800
2. Expenditures are estimated to be approximately $1,405,910
3. Ending balance structural deficit is estimated to be approximately $-382,110 PASSED AND ADOPTED by the Local Redevelopment Authority Board of the City of Riverbank at a meeting held on the 27th day of June, 2023; motioned by Authority Member ______, seconded by Authority Member ______, and upon roll call was carried by the following vote of ___:
AYES:
NAYS:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
________________________ ________________________
Gabriela Hernandez Richard D. O’Brien
LRA Secretary Chair
ATTACHMENT 1
FY 2023/24 Annual Proposed Budget
FY 2023-24
Proposed
Revenue
OEA Grants 252,281
ESCA #2 626,519
MDA annual payment 145,000
Total Revenue 1,023,800
Expenditures
Salaries/Benefits 217,111
Administrative Expenses
Travel 0
Equipment 1,500
Office Supplies/Legal Ads 4,920
Phones 2,880
Copier 1,260
Postage 100
Janitorial 1,620
Substation replacement project (phase 1 projected cost) 425,000 Professional Services
Legal - General Municipal 75,000
Legal - Conveyance 50,000
Weston Contract ESCA #2 293,491
SJES Contract ESCA #2 303,954
ESCA Admin 29,074
Total Expenditures 1,405,910
Net Revenues Less Expenditures** -382,110
ATTACHMENT 2
FY 2023-24 FY 2023-24 FY 2023-24
Proposed Proposed Proposed
Revenue 197 Revenue 198 Revenue 199
MDA annual payment 145,000 OEA Grants 252,281 ESCA #2 626,519 Total Revenue 145,000 Total Revenue 252,281 Total Revenue 626,519 Expenditures Expenditures Expenditures
Salaries/Benefits 19,442 Salaries/Benefits 197,669 Weston Contract ESCA #2 293,491 Administrative Expenses Administrative Expenses SJES Contract ESCA #2 303,954 Travel 0 Travel 0 ESCA Admin 29,074
Equipment 1,500 Equipment 0
Office Supplies/Legal Ads 492 Office Supplies/Legal Ads 4,428 Phones 288 Phones 2,592
Copier 126 Copier 1,134
Postage 100 Postage 0
Janitorial 162 Janitorial 1,458
Substation replacement project
(phase 1 projected cost) 425,000 Professional Services
Professional Services Legal - Conveyance 45,000
Legal - General Municipal 75,000
Legal - Conveyance 5,000 Total Expenditures 252,281 Total Expenditures 626,519 Total Expenditures 527,110 Net Revenues Less Expenditures* 0 Net Revenues Less Expenditures* 0 Net Revenues Less Expenditures* -382,110
ATTACHMENT 3
FY 2023/24 BUDGET BREAKDOWN BY FUND
Item 11.1 – CC/LRA 06/27/2023
RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 11.1
SECTION 11: NEW BUSINESS
Meeting Date: June 27, 2023
Subject: Resolution to Reduce (Credit) and Waive the Summerfaire Commerce Center, LLC System Development Fees for The
Concierge RV, Boat, and Self-Storage Facility
From: Marisela H. Garcia, City Manager
Submitted by: Donna M. Kenney, Planning and Building Manager
RECOMMENDATION
It is recommended that the City Council consider and approve the Resolution crediting and/or waiving the Summerfaire Commerce Center, LLC (“Summerfaire”) System Development Fees assessed on the construction of The Concierge RV, Boat, and Selfstorage facility (“The Concierge”).
SUMMARY
This item has been brought forward to the City Council for consideration because Summerfaire has requested to have system development fees (“SDF”) reduced (credited) and/or waived for some of the infrastructure they have constructed. These credits and waivers affect the amount of fees on the building permit for the storage facility. There is currently no administrative process to consider this request at staff level and therefore, the request has been brought forward to the City Council for consideration.
BACKGROUND
The City currently collects System Development Fees at Building Permit issuance to defray the impact of new development as authorized by Government Code §66000- 66025. The City’s System Development Fee program is codified in §150.30 titled “System Development Fees” which establishes the authority for imposing and charging the fees.
System Development fees are collected in order:
Item 11.1 – CC/LRA 06/27/2023
1) To provide an adequate and constant method for the financing of the unfunded portion of need systems development costs throughout the city, reasonably related to projected community growth.
2) To promote the orderly and efficient expansion of public improvements to adequately meet the domestic and economic needs of the community and to minimize adverse fiscal and environmental impacts of new development. 3) To ensure the continuation of necessary services including, but not limited to, police and general administrative services.
4) To establish equitable methods for minimizing public facility and service costs to the city associated with new development.
As defined within Riverbank’s municipal code, System Development Fees are charged to new construction, including the expansion of and/or the addition to an existing, nonresidential structure, to mitigate the unfunded portion of the determined impact of the development.
ANALYSIS
On March 31, 2023, the City received a request letter from Steve Mothersell/Summerfaire (Attachment 2) to reduce or waive the System Development Fees at Building Permit issuance for The Concierge. This project is being assessed the May 1, 2022 adopted fees because they are grading and installing their infrastructure and submitted their request before the May 1, 2023 fees went into effect. The request letter failed to use the Mixed Use categories for this project so their request is different than the charts staff has provided in this report. The 1A, 2A, and 3A charts below show the assessed SDF for the Mixed Use Residential, Office, and Community Commercial uses within this project.
Summerfaire met several times with staff and proposes credits (offsets) and waivers in charts 1B, 2B, and 3B below based on those discussions. Credits, waivers, and reimbursements only apply to Riverbank’s System Development Fees. It does not include any fees imposed by any other agencies such as the fire district, school districts, or Stanislaus County. Please review and compare the A and B charts below. The proposed new fees are in yellow and blue:
1A. ASSESSMENT - Mixed Use Residential for one (1) dwelling unit:
System Development Fee Type - RMU May 1, 2022 Amount - Dwelling Unit Water $5,738.00
Waste Water $1,116.00
Storm Drain $2,395.00
Parks and Recreation $2,862.00
Police/General Government $1,036.00
Traffic $4,167.00
5% Administrative Fee $866.00
Total System Development Fees $18,181.00
Item 11.1 – CC/LRA 06/27/2023
1B. PROPOSAL - Mixed Use Residential for one (1) dwelling unit:
System Development Fee Type - LDR May 1, 2022 Amount - Dwelling Unit Water $5,738.00
Waste Water $1,116.00
Storm Drain $0
Parks and Recreation $2,862.00
Police/General Government $1,036.00
Traffic $4,167.00
5% Administrative Fee $866.00
Total System Development Fees $15,785.00
2A. ASSESSMENT - Mixed Use Office for one (1) 2,000/sf office:
System Development Fee Type – OMU May 1, 2022 Amount - Office Water $2.38/sf
Waste Water $1.52/sf
Storm Drain $4.79/sf
Parks and Recreation N/A
Police/General Government $0.60/sf
Traffic $4.12/sf
5% Administrative Fee $0.67/sf
Total System Development Fees $14.07/sf
2B. PROPOSAL - Mixed Use Office for one (1) 2,000/sf office:
System Development Fee Type - Office May 1, 2022 Amount - Office Water $2.38/sf
Waste Water $1.52/sf
Storm Drain $0
Parks and Recreation N/A
Police/General Government $0.60/sf
Traffic $4.12/sf
5% Administrative Fee $0.67/sf
Total System Development Fees $9.29/sf
3A. ASSESSMENT - Mixed Use Commercial for +/- 270,000/sf storage use:
System Development Fee Type – CCMU May 1, 2022 Amount – Storage Units Water $2.44/sf
Waste Water $1.95/sf
Storm Drain $4.96/sf
Parks and Recreation N/A
Police/General Government $0.43/sf
Traffic $6.79/sf
5% Administrative Fee $0.83/sf
Total System Development Fees $17.40/sf
Item 11.1 – CC/LRA 06/27/2023
3B. PROPOSAL - Mixed Use Commercial for +/- 270,000/sf storage use:
System Development Fee Type - CC May 1, 2022 Amount – Storage Units Water $0
Waste Water $0
Storm Drain $0
Parks and Recreation N/A
Police/General Government $0.43/sf
Traffic $0.80/sf
5% Administrative Fee $0.06/sf
Total System Development Fees $1.29/sf
The request to waive the storm drain fee for all three uses is justified through a reimbursement to the adjacent Heritage subdivision, which has fully paid for Storm Drain impacts with the installation of the required public drainage collection and disposal system to which both projects are connected. Both projects have the same owner/applicant. In terms of water consumption and waste water generation, the storage use (most of the site’s square footage) will have zero impact on water and waste water facilities. It will also have a lower traffic impact than a normal commercial non-residential use according to the Institute of Traffic Engineers Manual Code #150.
The City Engineer, Development Services Administration Manager, and Planning and Building Manager analyzed the request received from Summerfaire. An evaluation of the potential impacts of this project was considered and the following determinations were made:
• The storage units do not utilize water or create waste water. The RV dump station will pay for its limited water and waste water use.
• Storm drain impacts have been fully paid for by the construction of the required public drainage collection and disposal system to which both projects are connected.
• The travel demand for mini-warehouse land uses is actually lower than a normal commercial non-residential land use.
Based on the analysis performed, staff recommends that the City Council consider the reduction and waiver of System Development Fees to encourage construction and thereby, job growth.
FINANCIAL IMPACT
The System Development Fee program is designed as a mechanism to collect impact fees to build infrastructure necessary to support new growth City-wide. Careful evaluation of each proposed project is necessary to understand potential funding shortfalls which might be created as a result of granting fee reduction or waiver requests. In the case presented above, Water, Storm Water, and Traffic fees should be reduced and waived.
Item 11.1 – CC/LRA 06/27/2023
STRATEGIC PLAN
This item is indirectly related to the City’s Strategic Plan through the System Development Fee program update.
ATTACHMENTS
1. City Council Resolution No. 2023-XXX
2. Summerfaire Commercial Center, LLC Fee and Reimbursement Request
CC/LRA-06/27/2023
CC RESOLUTION 2023-
CITY OF RIVERBANK
RESOLUTION 2023-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVERBANK
REDUCING AND WAIVING SYSTEM DEVELOPMENT FEES FOR
SUMMERFAIRE COMMERCIAL CENTER, LLC FOR THE CONCIERGE
THE CITY OF RIVERBANK CITY COUNCIL (HEREAFTER REFERRED TO AS THE “CITY COUNCIL”) DOES HEREBY RESOLVE THAT:
WHEREAS, it is necessary as established in the Riverbank Municipal Code for the proper and effective operation of City Government to establish, amend, or authorize fees for services in order to provide for the financial support of City Government; and WHEREAS, from time to time, the City Council reviews the fees to ensure that they are adequately supporting the operation of City Government; and WHEREAS, Summerfaire Commercial Center, LLC has requested the City Council reduce and/or waive the System Development Fees assessed on the construction of The Concierge at Building Permit issuance.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Riverbank hereby approves the System Development Fees below:
1. Mixed Use Residential for one (1) dwelling unit:
System Development Fee Type - LDR May 1, 2022 Amount - Dwelling Unit Water $5,738.00
Waste Water $1,116.00
Storm Drain $0
Parks and Recreation $2,862.00
Police/General Government $1,036.00
Traffic $4,167.00
5% Administrative Fee $866.00
Total System Development Fees $15,785.00
2. Mixed Use Office for one (1) 2,000/sf office:
System Development Fee Type - Office May 1, 2022 Amount - Office Water $2.38/sf
Waste Water $1.52/sf
Storm Drain $0
Parks and Recreation N/A
Police/General Government $0.60/sf
Traffic $4.12/sf
5% Administrative Fee $0.67/sf
Total System Development Fees $9.29/sf
ATTACHMENT 1
CC/LRA-06/27/2023
CC RESOLUTION 2023-
3. Mixed Use Commercial for +/- 270,000/sf storage use:
System Development Fee Type - CC May 1, 2022 Amount – Storage Units Water $0
Waste Water $0
Storm Drain $0
Parks and Recreation N/A
Police/General Government $0.43/sf
Traffic $0.80/sf
5% Administrative Fee $0.06/sf
Total System Development Fees $1.29/sf
PASSED AND ADOPTED by the City Council of the City of Riverbank at a regular meeting held on the 27th day of June, 2023; motioned by Councilmember ___________________, seconded by Councilmember ____________________, and upon roll call was carried by the following vote of ___:
AYES:
NAYS:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
________________________ ________________________
Gabriela Hernandez Richard D. O’Brien
City Clerk Mayor
ATTACHMENT 2
Item 11.2 – CC/LRA – 06/27/2023
RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 11.2
SECTION 11: NEW BUSINESS
Meeting Date: June 27, 2023
Subject: A Resolution to Award a Contract for 30% Design for the Regional Recycled Water Project – Phase I to Brown and Caldwell, and Authorize a Budget Appropriation in the amount of $1,400,247.00 from the Sewer Fund 106
From: Marisela H. Garcia, City Manager
Submitted by: Cody Bridgewater, Public Works Director
RECOMMENDATION
It is recommended that the City Council award the contract for preparation of the 30% design for the Riverbank Regional Recycled Water Project – Phase I to Brown and Caldwell, authorize the City Manager to execute a contract with said firm in the amount of $1,272,952.00, authorize a contingency amount of $127,295.00 (approximately 10%), and authorize a budget appropriation of $1,400,247.00 from Sewer Fund 106 for said contract.
SUMMARY
In 2022 the City proceeded with completing 15% design documents and making application to the State Water Resources Control Board and Federal Emergency Management Agency for financial assistance for the Riverbank Regional Recycled Water Project – Phase I. Advancing the design from the 15% to the 30% design level of detail will allow the project to proceed as financial assistance is garnered and to reaffirm the scope and cost of the project. Following an open Request for Qualifications (RFQ) process for preparation of these 30% design documents and a review committee’s review of the one Statement of Qualifications Received, from Brown and Caldwell, based on qualifications and experience, tonight’s request is to proceed with awarding the contract to Brown and Caldwell. for preparation of the 30% design documents. To allow for adjustments in the design scope based on encountered site conditions and/or to facilitate responding to potential funding agencies as applications are reviewed, it is further recommended that the City Council authorize a 10% budget contingency to allow the City Manager to negotiate additional design scope or documents to support such additional funding applications.
Item 11.2 – CC/LRA – 06/27/2023
BACKGROUND
The City has completed 15% preliminary design for expanding the Wastewater Treatment Plant (WWTP) to produce recycled water as well as provide for capacity to meet expected wastewater treatment needs of the City for the next 30 years. Based on input and direction from the City Council, a Phase I program of implementation of the alternatives evaluated in the feasibility study was prepared to the 15% preliminary design level in support of preparation of financial assistance applications to multiple funding sources and to support preparation of environmental documentation, both approved by the Council in December 2022. The Phase I program would produce recycled water for use in southeastern San Joaquin County, adjacent to the City’s WWTP. Wastewater generated within the City is the proposed source of recycled water in this proposed project and has the potential to capture and reuse wastewater to supplement fresh water sources, including in-lieu recharge of groundwater. The proposed project includes improvements to the City of Riverbank WWTP, and recycled water distribution facilities within the vicinity of the WWTP. It is envisioned that this water will be used to offset water used for agricultural needs.
The proposed 30% design effort will advance the details of design, including evaluating potential addition of grit removal and cost-efficient management of wastewater solids, and will support advancing the projects towards implementation. This 30% design is expected to take approximately eight months to complete and therefore would advance the project design through approximately March 2024. During this advancement of design, under a separate but complementary scope, the project permitting with the Regional Water Quality Control Board would be initiated and encroachment permitting with the BNSF railroad and San Joaquin County Public Works Department initiated.
In order to solicit statements of qualifications for design, an RFQ was prepared and published on the City’s website November 4, 2022. Several design consultants known to City staff to have experience with this type and scale of project were also directly contacted to provide notice of availability of the RFQ. City staff meet with two potentially interested design firms in November. The RFQ requested that statements of qualifications be submitted to the City by no later than 3:00 pm on December 7, 2022.
One statement of qualifications was received before the date and time from:
1. Brown and Caldwell
A committee of City staff reviewed the statement of qualifications for the proposing firm’s understanding of the project, experience with related work, firm’s project manager experience and qualifications, overall team’s experience and qualifications, and proposed schedule and ability to complete the project within the timeframe requested. Based on the committee’s review of the consultant qualifications, Brown and Caldwell was selected for initial negotiation of the scope and fee. City staff concluded negotiation of the scope and fee, including conducting an independent development of an opinion of the fee for the scope of services, and therefore recommends selection of Brown and Caldwell for preparing the 30% design pursuant to the attached scope of services.
Item 11.2 – CC/LRA – 06/27/2023
STRATEGIC PLAN
The RRRWP and this action addresses the following August 10, 2021 Strategic Plan Goals:
Goal 1.3 Continue to seek local, regional and federal grant opportunities to support City projects, programs and initiatives.
Goal 6, Promoting Sustainable Development, by providing for facilities that sustainably support the City’s thoughtful and careful planning.
FINANCIAL IMPACT
Cost of this element of the project is $1,272,952.00, with the potential to add an additional $127,295.00 supporting additional design detail or to address required changes in the preliminary design as a result of site investigations, to be appropriated from the City’s Wastewater Enterprise Fund.
ATTACHMENT
1) Resolution 2023-
2) Brown and Caldwell Consultant Agreement – DRAFT
3) Brown and Caldwell Scope of Services
CC/LRA – 06/27/23
CC RESOLUTION 2023-
CITY OF RIVERBANK
RESOLUTION 2023-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVERBANK, CALIFORNIA, TO AWARD A CONTRACT FOR THE 30% DESIGN FOR THE REGIONAL RECYCLED WATER PROJECT – PHASE I TO BROWN AND
CALDWELL, AUTHORIZE THE CITY MANAGER TO EXECUTE A CONTRACT
WITH SAID FIRM, AND AUTHORIZE A BUDGET APPROPRIATION OF $1,400,247.00 FROM SEWER FUND 106
THE CITY OF RIVERBANK CITY COUNCIL (HEREAFTER REFERRED TO AS THE “CITY COUNCIL”) DOES HEREBY RESOLVE THAT:
WHEREAS, the City has submitted an application to the State Water Resources Control Board for financial assistance in implementing the Regional Recycled Water Project – Phase I; and
WHEREAS, advancing the design of the Project to the 30% level of detail will support project permitting with the Regional Water Quality Control Board; and WHEREAS, advancing the design to the 30% level of detail will support the City’s position and competitive situation in obtaining other financial assistance; and WHEREAS, proceeding with the Design will advance the overall project schedule towards completion projected in December 2026; and
WHEREAS, after issuance of a Request for Qualifications and negotiation of a scope of services and fee, it is the City Council’s desire to award the contract for preparation of the 30% design documents to Brown and Caldwell at an approximate cost of $1,272,952.00, with a 10% budget contingency amount of $127,295.00 for potential additional services to be administered by the City Manager, for a total of $1,400,247.00 to be allocated from the Wastewater Enterprise Fund.
WHEREAS, City Council hereby approves this agreement, subject to any minor revisions approved by the City Attorney.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Riverbank hereby awards the 30% Design for the Regional Recycled Water Project – Phase I contract to Brown and Caldwell, authorizes the City Manager to execute this contract, and appropriates $1,400,247.00 from the Wastewater Enterprise Fund.
ATTACHMENT 1
CC/LRA – 06/27/23
CC RESOLUTION 2023-
PASSED AND ADOPTED by the City Council of the City of Riverbank at a regular meeting held on the 27th day of June, 2023; motioned by Councilmember ________, seconded by Councilmember _________, and upon roll call was carried by the following City Council vote of __:
AYES:
NAYS:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
______________________ ______________________
Gabriela Hernandez Richard D. O’Brien
City Clerk Mayor
Attachment: Brown and Caldwell Consultant Agreement
{CW130242.1}
CONSULTANT SERVICES AGREEMENT
CONSULTANT SERVICES AGREEMENT
Related to Regional Recycled Water Project
THIS CONSULTANT SERVICES AGREEMENT (“Agreement”) is made and entered by and between the City of Riverbank, a California municipality (“City”), and Brown and Caldwell, a California corporation (“Consultant”). City and Consultant may be referred to herein individually as a “Party” and collectively as the “Parties”. There are no other parties to this Agreement.
RECITALS
A. City desires consultant services for design and engineering of a regional recycled water project (the “Project”).
B. Consultant has submitted a proposal to City that includes a scope of proposed services, attached hereto and described more fully in Exhibit A (“Services”).
C. Consultant represents that it is qualified, willing and able to provide the Services.
D. Consultant will perform Services related to the Project according to the rates described in Exhibit A (the “Rates”).
NOW, THEREFORE, in consideration of the promises and covenants set forth below, the Parties agree as follows:
AGREEMENT
1. Consulting Services. Consultant agrees, during the term of this Agreement, to perform the Services for City in connection with the Project. Any request for services in addition to the Services described in Exhibit A will be considered a request for additional services and not compensated unless the Parties otherwise agree in writing. No subcontract shall be awarded or an outside consultant engaged by Consultant unless prior written approval is obtained from City.
2. Compensation. City shall pay Consultant according to the fee schedule set forth in Exhibit A, as full remuneration for performance of the Services. Consultant agrees to maintain a log of time spent in connection with performing the Services. On a monthly basis, Consultant shall provide City, in reasonable and understandable detail, a description of the Services rendered and in accordance with the Rates. If the work is satisfactorily completed, City shall pay such invoice within thirty (30) days of receipt. If City disputes any portion of any invoice, City shall pay the undisputed portion within the time stated above, and at the same time advise Consultant in writing of the disputed portion.
3. Confidential Information. Consultant understands and agrees that, in the performance of Services under this Agreement or in the contemplation thereof, Consultant may have access to private or confidential information that may be owned or controlled by City and identified to Consultant by City as confidential, and that such information may contain proprietary ATTACHMENT 2
{CW130242.1}
CONSULTANT SERVICES AGREEMENT
or confidential details, the disclosure of which to third parties may be damaging to City (“Confidential Information”).
Consultant shall not, either during or after the Term, disclose to any third party any Confidential Information without the prior written consent of City. If City gives Consultant written authorization to make any such disclosure, Consultant shall do so only within the limits and to the extent of that authorization. Such authorization does not guarantee that City will grant any further disclosure of Confidential Information. Consultant may be directed or advised by the City Attorney on various matters relating to the performance of the Services on the Project or on other matters pertaining to the Project, and in such event, Consultant agrees that it will treat all communications between itself, its employees and its subcontractors as being communications which are within the attorney-client privilege.
4. Term. This Agreement shall become effective on the Effective Date and will continue in effect until the Services provided herein have been completed, unless terminated earlier as provided in Section 5 or 6 below (the “Term”).
5. Termination. City may terminate this Agreement prior to the expiration of the Term (“Termination”), without cause or reason, by notifying Consultant in writing of City’s desire to terminate this Agreement (the “Termination Notice”). Upon receipt of a Termination Notice, Consultant shall immediately cease performing the Services. Consultant will be entitled to compensation, as of the date Consultant receives the Termination Notice, only for Services actually performed.
6. Termination for Cause. Notwithstanding Section 5 above, this Agreement may be terminated by City for cause based on the loss or suspension of any licenses, permits or registrations required for the continued provision of the Services, or Consultant’s malfeasance.
Termination of the Agreement for cause as set forth in this Section shall relieve City from compensating Consultant.
7. Performance by Key Employee. Consultant represents to City that Michael Harrison will be the person primarily responsible for performance of the Services and all communications related to the Services. City has entered into this Agreement in reliance on that representation by Consultant.
8. Property of City. Upon payment to Consultant of undisputed amounts due, the following will be considered and will remain the property of City:
A. Documents. All reports, drawings, graphics, working papers, and other materials furnished by City or produced by Consultant in connection with the Services (“Documents”). Nothing herein shall be interpreted as prohibiting or limiting City’s right to assign all or some of City’s interests in the Documents. Any reuse of Documents for any project or purpose other than the Services is at City’s sole risk and without liability to Consultant. {CW130242.1}
CONSULTANT SERVICES AGREEMENT
B. Data. All data collected by Consultant and produced in connection with the Services including, but not limited to, plans, specifications, models, flow diagrams, visual aids, calculations, and other materials (“Data”). Nothing herein shall be interpreted as prohibiting or limiting City’s right to assign all or some of City’s interests in the Data. Any reuse of Data for any project or purpose other than the Services pursuant to this Agreement is at City’s sole risk and without liability to Consultant.
C. Delivery of Documents and Data. Upon City’s written request, Consultant agrees, at its expense and in a timely manner, to return to City all Documents and Data upon the conclusion of the Term or in the event of Termination. Consultant shall be entitled to retain a copy of the Documents and Data relied upon to perform the Services in accordance with its corporate recordkeeping policies, and any electronic copies created as a result of its automated back-up systems. Any such Documents and Data shall remain subject to the obligations of this Agreement.
9. Duties of City. In order to permit Consultant to render the Services required hereunder, City shall, at its expense and in a timely manner:
A. Provide such information as Consultant may reasonably require to undertake or perform the Services;
B. Promptly review any and all documents and materials submitted to City by Consultant in order to avoid unreasonable delays in Consultant’s performance of the Services; and C. Promptly notify Consultant of any fault or defect in the performance of Consultant’s services hereunder.
10. Representations of Consultant. City relies upon the following representations by Consultant in entering into this Agreement:
A. Qualifications. Consultant represents that it is qualified to perform the Services and that it possesses the necessary licenses, permits and registrations required to perform the Services or will obtain such licenses or permits prior to the time such licenses or permits are required. Consultant represents to City that Consultantshall, at Consultant’s sole cost and expense, keep in effect or obtain at all times during the Term of this Agreement, any licenses, permits, and registrations that are legally required for Consultant to practice Consultant's profession at the time the Services are rendered.
B. Consultant Performance. Consultant represents and agrees that all Services under this Agreement shall be performed in a professional manner and shall conform to the principles and standards of practice observed on similar, successfully completed projects by specialists in the Services to be provided. Consultant shall adhere to accepted professional standards as set forth by relevant professional associations and shall perform all Services required under this Agreement in a manner consistent with generally accepted professional practices and principles and standards for such Services. All work or products completed by Consultant shall be completed in a manner consistent with the level of care and skill ordinarily exercised by members of the profession and using the practices available for the profession and shall conform to industry {CW130242.1}
CONSULTANT SERVICES AGREEMENT
standards. Consultant agrees that, if a Service is not so performed, in addition to all of its obligations under this Agreement and at law, Consultant shall re-perform or correct unsatisfactory Service at no additional expense to City.
11. Compliance with Laws and Standards. Consultant shall comply with all applicable federal, state, and local laws, ordinances, regulations and permits, including but not limited to federal, state, and county safety and health regulations. Consultant shall comply with all ordinances, laws, orders, rules, and regulations, including the administrative policies and guidelines of City pertaining to the work.
12. Independent Contractor; Subcontracting. Consultant will employ, at its own expense, all personnel reasonably necessary to perform the Services. All acts of Consultant, its agents, officers, employees and all others acting on behalf of Consultant relating to this Agreement will be performed as independent contractors. Consultant, its agents and employees will represent and conduct themselves as independent contractors and not as employees of City. Consultant has no authority to bind or incur any obligation on behalf of City. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant is prohibited from subcontracting the Services or any part thereof unless such subcontracting is expressly approved by City in writing.
13. Insurance. Consultant and all of Consultant’s contractors and subcontractors shall obtain and maintain insurance of the types and in the amounts described in this paragraph and its subparagraphs with carriers reasonably satisfactory to City.
A. General Liability Insurance. Consultant shall maintain occurrence version commercial general liability insurance (or an equivalent form) with a limit of not less than Two Million Dollars ($2,000,000) for each occurrence.
B. Workers’ Compensation Insurance. Consultant shall carry workers’ compensation insurance as required by the State of California under the Labor Code. Consultant shall also carry employer’s liability insurance in the amount of One Million Dollars ($1,000,000.00) per accident, with a One Million Dollar ($1,000,000.00) policy limit for bodily injury by disease, and a One Million Dollar ($1,000,000.00) limit for each employee’s bodily injury by disease.
C. Errors and Omissions Liability. Consultant shall carry errors and omissions liability insurance in the amount of no less than One Million Dollars ($1,000,000.00) per claim and in the aggregate or greater if appropriate for the Consultant's profession. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to City, elected and appointed councils, commissions, directors, officers, and employees (“City’s Agents”); or the Consultant shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claims administration and defense expenses.
{CW130242.1}
CONSULTANT SERVICES AGREEMENT
D. Other Insurance Requirements. Within five (5) days of the Effective Date, Consultant shall provide City with certificates of insurance for all of the policies required under this Agreement (“Certificates”), excluding the required worker’s compensation insurance.
Such Certificates shall be kept current for the Term of the Agreement and Consultant shall be responsible for providing updated copies and notifying City if a policy is cancelled, suspended, reduced, or voided. With the exception of the worker’s compensation insurance and Errors and Omissions Liability, all of the insurance policies required in this Agreement shall: (a) provide that the policy will not be cancelled in coverage without at least thirty (30) days’ prior written notice to City of such cancellation and each policy shall be endorsed to state such; (b) name City and City’s Agents as additional insureds with respect to liability arising out of Services, work or operations performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied, or used by the Consultant, or automobiles owned, leased, or hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City; (c) be primary with respect to any insurance or self-insurance programs covering City or City’s Agents and any insurance or self-insurance maintained by City or City’s Agents shall be in excess of Consultant’s insurance and shall not contribute to it; and (d) contain standard separation of insured provisions.
14. Indemnification. Consultant hereby agrees to indemnify and hold harmless City and City’s Agents against all liability, obligations, claims, loss, and expense (a) to the extent arising out of, pertaining to, or related to the negligence, recklessness, or willful misconduct of Consultant, its subcontractors, or the agents or employees of either in connection with the Services, or (b) arising out of injuries suffered or allegedly suffered by employees of Consultant or its subcontractors (i) in the course of their employment, (ii) in the performance of work hereunder, or (iii) upon premises owned or controlled by City. Consultant’s obligation to defend, indemnify and hold harmless City and City’s Agents is not affected by any requirement in this Agreement for Consultant to procure and maintain a policy of insurance.
15. Consequential Damages. Notwithstanding any other provision of this Agreement, in no event shall either party be liable, regardless of whether any claim is based on contract or tort, for any special, consequential, indirect or incidental damages, including, but not limited to, lost profits or revenue, arising out of or in connection with this Agreement or the Services performed in connection with this Agreement.
16. Notices. Any notice or communication required hereunder between City or Consultant must be in writing, and may be given either personally, by registered or certified mail (return receipt requested), or by Federal Express, UPS or other similar couriers providing overnight delivery, or by email. If personally delivered, a notice shall be deemed to have been given when delivered to the Party to whom it is addressed. Notices given by registered or certified mail shall be deemed to have been given and received on the first to occur of (a) actual receipt by any of the addressees designated below as the party to whom notices are to be sent, (b) on the date delivered as shown on a receipt issued by the courier, or (c) five (5) days after a registered or certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail. If given by Federal Express or similar courier, a notice or communication shall be deemed to have been given and received on the date delivered as shown on a receipt issued by the courier.
If given by email, the notice or communication shall be deemed given and received as of the date {CW130242.1}
CONSULTANT SERVICES AGREEMENT
shown on the sent email. Any Party hereto may at any time, by giving ten (10) days written notice to the other Party hereto, designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the Parties at the addresses in this paragraph set forth below:
If to City: City of Riverbank
6707 Third Street
Riverbank, CA 95367
Attn: City Clerk
Email: [email protected]
with copy to: City of Riverbank
6707 Third Street
Riverbank, CA 95367
Attn: Director of Public Works
Email: [email protected]
If to Consultant: Brown & Caldwell, Inc.
Attn: Michael Harrison, P.E.
11020 White Rock Road, Ste. 200
Rancho Cordova, CA 95670
Email: [email protected]
17. General Provisions.
A. Modification. No alteration, modification, or termination of this Agreement shall be valid unless made in writing and executed by all Parties.
B. Waiver. The waiver by any Party of a breach of any provision hereof shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breach hereof unless specifically stated in writing.
C. Assignment. No Party shall assign, transfer, or otherwise dispose of this Agreement in whole or in part to any individual, firm, or corporation without the prior written consent of the other Party.
D. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the state of California.
E. Venue. Venue for all legal proceedings shall be in the Superior Court of California for the County of Stanislaus.
F. Partial Invalidity. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way. {CW130242.1}
CONSULTANT SERVICES AGREEMENT
G. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall constitute an original and all of which shall be deemed a single agreement.
H. Audit. City shall have access at all reasonable times to all reports, contract records, contract documents, contract files, and personnel necessary to audit and verify Consultant’s charges to City under this Agreement.
I. Entire Agreement. This Agreement sets forth the entire understanding between the Parties as to the subject matter of this Agreement and merges all prior discussions, negotiations, proposal letters or other promises, whether oral or in writing.
J. Time is of the Essence. Time is of the essence in this Agreement for each covenant, term and condition contained herein.
K. Attorney Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing Party shall be entitled to reasonable attorneys' fees in addition to any other relief to which such Party may be entitled. {CW130242.1}
CONSULTANT SERVICES AGREEMENT
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the last date written below (“Effective Date”).
CITY:
CITY OF RIVERBANK,
a California municipality
By:
Marisela Garcia, City Manager
Date:
CONSULTANT:
BROWN AND CALDWELL,
a California corporation
By:
Name:
Title: _____________________________
Date:
ATTEST:
Gaby Hernandez, City Clerk
APPROVED AS TO FORM:
Tom Hallinan, City Attorney
{CW130242.1}
EXHIBIT A
Services & Rates
RRRWP BC Scope of Services Rev5_eo Riverbank Regional Recycled Water Project | 1 City of Riverbank,
Regional Recycled Water Project
Basis of Design Development
Scope of Services
Overview
The scope of services described herein is to be performed at the City of Riverbank’s existing wastewater treatment plant for the Regional Recycled Water Project (Project). Brown and Caldwell (BC) will complete the following tasks as described below:
• Task 1 – Project Management, Quality Assurance/Quality Control, and Meetings • Task 2 – Site Investigations
• Task 3 – Technical Evaluations
• Task 4 – Basis of Design Report and 30% Design Plans
• Task 5 – Coordination with CEQA/NEPA/Permitting
Assumptions regarding the tasks are included for each task.
In general, BC and our sub-consultants will provide civil, architectural, structural, process mechanical, electrical, and instrumentation and controls engineering services for the Project. Our services under this scope will include preparation of the Basis of Design Report (BODR) and 30% design plans. This effort will form the basis of the design for the new facilities. A future scope of services will be prepared by BC and our sub-consultants for the Final Design of these facilities.
Phase 1 – Project Management, Quality Assurance/Quality Control, and Meetings Project Management: BC will supervise and provide direction to design team members and provide administration, project controls, quality assurance, and oversight of the Project. BC will also prepare and maintain a decision log that will record comments and decisions made by RIVERBANK throughout the Project and manage the quality assurance/quality control (QA/QC) review of the work products.
BC will complete the following tasks:
• Prepare a Project Management Plan
• Oversee daily management of scope, deliverables, schedule, and budget • Prepare monthly progress reports and invoices
• Facilitate Quality Assurance and Quality Control Reviews • Prepare a Field Work Safety Plan
Meetings and Workshops: BC will conduct a Kickoff Meeting. BC will prepare an agenda and meeting materials in advance of the Kickoff Meeting and prepare meeting minutes following the Kickoff Meeting. The Kickoff Meeting is assumed to be 3 hours in duration, conducted in person.
BC will organize and facilitate teleconferences every two weeks through the end of the design phase to discuss the Project’s progress and any other issues, as needed. Biweekly teleconferences will be held virtually via Microsoft (MS) Teams between the BC project manager (PM) and RIVERBANK PM. These meetings will be held unless otherwise determined not to be needed by RIVERBANK PM. Topics discussed at the biweekly meetings will be determined as conditions develop and in collaboration with RIVERBANK.
ATTACHMENT 3
RRRWP BC Scope of Services Rev5_eo Riverbank Regional Recycled Water Project | 2 As part of this task, and included in the associated task budget, BC will also conduct internal team coordination meetings throughout the Basis of design development process.
Phase 1 Deliverables:
• Monthly invoices and progress reports
• Action items and decision log
• Agenda, presentation materials and minutes for Kickoff Workshop Phase 1 Assumptions:
• Kickoff Workshop will be held in-person with BC sub consultant key staff (up to 4 BC staff, Bennett Engineering and MWA).
• Bi-Weekly Coordination calls will be held virtually via MS Teams, and attended by BC PM for a duration of 1 hour • Project duration will be 7 months
• Notice to proceed expected around mid-June, 2023
Phase 2 – Site Investigations
This task includes surveying, geotechnical investigation and sludge characterization of existing ponds.
Task 2.1 Topographic, Boundary and Structure Survey
Mark Thomas, as subconsultant to BC, will complete the topographic survey for the facility. The detailed site survey will be performed with reference to published survey control and development of a project-specific survey control. Topographic survey will be performed with reference to the North American Vertical Datum of 1988 (NAVD88) and North American Datum of 1983 (NAD83). Mark Thomas will conduct record research to locate maps of record such as parcel maps, record of surveys and subdivision maps to plot the existing boundary of the Wastewater Treatment Plant (WWTP) property. A sample of monuments will be collected in the field during topographic survey efforts to rectify the boundary This scope of work does not include a complete boundary survey, and boundary lines provided are solely based on record information. Elements of scope to include:
a. Ground topographic survey of WWTP site (approximately 25 acres), ponds, and boundaries. b. Alignment to serve Beard. Area extents include 1000’ x 250’ swath along Henry Rd and adjacent Park connecting the WWTP site to S Santa Fe Road, under the RR crossing and structures. c. Alignment to serve Barton (retain as option) same as above. Approximately 4,600 LF along the easterly and northerly WWTP property boundary.
Detailed ground survey will be conducted for the process areas, pipeline alignments while the remaining plant site will be surveyed via aerial or drone (approximately 150 acres). Mark Thomas will set flight control or use point identifiable (PID) topographic features for this effort.
Task 2.1 Assumptions:
• Record of Survey is not included in original scope of services and will be considered after completion of boundary research.
• Aerial Survey will be conducted in the non process areas in the ponds, ground survey will be completed for the process areas, temporary access road and for the pipeline alignments. • It is assumed access to the site will be provided to complete survey work. • No potholing or subsurface engineering is included in this scope of work but is anticipated for the next phase of Design.
Task 2.1 Deliverables:
• Electronic (CAD Civil 3D) basemap including conventional and aerial topographic information with surface features, WWTP record boundary and aerial imagery.
• Project Control values and statement of datum.
Task 2.2 Geotechnical Investigations
Crawford and Associates, as subconsultant to BC, will complete geotechnical investigations to include California Building Code Parameters (expected to be based on the 2022 California Building Code), suitability and recommendations for borrow material from ponds, investigations of groundwater and recommendations for dewatering, structure excavation, RRRWP BC Scope of Services Rev5_eo Riverbank Regional Recycled Water Project | 3 foundation, and backfill requirements, soil corrosivity investigations, and pipe bedding and backfill recommendations.
Field Exploration activities include:
• Fourteen (14) test pits will be completed in Ponds P-5 through P-9 to determine the borrow material availability from these ponds.
• Seven (7) soil borings will be completed within the surrounding embankments of Ponds T-2 and T-3. • Seven (7) soil borings will be completed along the recycled water pipeline alignments, and existing headworks area. • Four (4) dynamic cone penetration (DCP) tests will be completed in Pond T-3.
In ponds T-2 and T-3, BC will conduct sampling for sludge characterization and will provide underlying soil samples for subsequent testing to determine extent of soil to be removed from pond T-3 to allow for construction of new facilities.
Task 2.2 Assumptions:
• Geotechnical drilling based on site layouts provided in the preliminary design report dated December 2022. • Ponds P-5 through P-9 can be taken out of service one at a time with a drying period prior to conducting geotechnical investigation. • Evaluation limited in Pond T-2 to sludge evaluation only. • No geotechnical investigation will be completed for temporary access road Task 2.2 Deliverables:
• Draft and Final Geotechnical Report (PDF)
Task 2.3 Sludge Characterization
BC will complete a sludge characterization in Ponds T-2 and T-3 to characterize the volume and chemical content of biosolids (sludge) to determine suitability for land application including an estimate of dry tons to be removed from Ponds T-2 and T-3. BC will conduct a site visit and develop a sampling and testing plan for both Ponds to identify sampling locations and the analytical testing methods used. BC will bring equipment and floating work platform to conduct field sampling at both ponds and deliver samples to the analytical laboratory. BC will prepare a report that summarizes the results of the testing and the calculated sludge volume to be removed for project development. The report will also contain recommendations for sludge dewatering and disposal.
Task 2.3 Assumptions:
• Ponds are to remain in service during field sampling. • Lump Sum of $10,000 is included for laboratory testing • RIVERBANK staff to isolate aeration legs in pond T-2 for field sampling. • Sludge characterization for Pond T-1 will be completed as part of engineering services during construction.
Task 2.3 Deliverables:
• Draft and Final Sludge Characterization Report (PDF)
Phase 3.0 Technical Evaluations
The City of Riverbank Regional Recycled Water Project Preliminary Design Report dated December 2022 has been prepared by KSN that will be used as the basis for the project, but further evaluations will be completed by BC to support the basis of design report. These specific evaluations are listed below. • Grit Removal: BC will conduct an evaluation comparing aerated grit and pista grit removal systems. • Mechanical Aeration Equipment: BC will evaluate the mechanical aeration and mixing equipment used in the Oxidation Ditches. Specific manufacturers will be identified as part of this initial evaluation. • Solids Dewatering and Storage: BC will compare Rotary Screw Press and Belt Press dewatering to select type of dewatering equipment. A second evaluation will compare two solids storage options: 1. the use of solids storage options prior to dewatering and 2. Dewatered cake storage. • Biosolids Disposal Assessment: BC will look at long-term biosolids disposal requirements and identify options for biosolids cake disposal for the City of Riverbank.
• Tertiary Filter Evaluation: BC will compare cloth media filtration with granular media filtration (continuous backwash and deep bed).
• BC will provide drainage analysis and provide a Drainage Report for inclusion in the Basis of Design Report o Review City and County drainage design standards
RRRWP BC Scope of Services Rev5_eo Riverbank Regional Recycled Water Project | 4 o Analyze on-site topo from Task 2
o Review grading plan from PDR
o Develop existing conditions hydrology
o Develop proposed conditions hydrology
o Compare existing runoff hydrographs with proposed conditions to determine detention requirements o Evaluate proposed, on-site drainage conveyance facilities for capacity o Evaluate proposed detention facilities incorporating effluent discharges o Prepare Drainage Report
o Finalize Drainage Report
BC will gather input from RIVERBANK staff and KSN in a workshop conducted for each above project elements. Findings and agreed upon direction will be incorporated into the Basis of Design Report in Task 4.0 Phase 3 Meetings:
• Technical Evaluations workshops (3)
Phase 3 Deliverables:
• Grit Removal and Mechanical Aeration Workshop Agenda Minutes and Presentation Materials • Solids Dewatering Workshop and Storage and Biosolids Disposal Workshop Agenda Minutes and Presentation Materials • Site Drainage and Tertiary Filtration Workshop Agenda, Minutes and Presentation Materials • Draft and Final Drainage Report
Phase 3 Assumptions:
• Three (3) on-site workshops will be held to review the results of the evaluations attended by up to four BC (4) staff for approximately 3 hours each.
• Evaluation criteria used for the evaluations will include: initial construction cost, annual energy cost, ease of maintenance, size of footprint and equipment servicing responsiveness (vicinity of nearest servicing center). • Reference WWTP site visits are not included under this task. • All deliverables are electronic (PDF).
• RIVERBANK will provide a single consolidated list of review comments for the Drainage report and other deliverables included under this phase (electronic format).
• It is assumed that a No-Rise evaluation (FEMA) for the Stanislaus River is required. Much of the site is in the 500- year floodplain and not in the 100-year floodplain so fill within the floodplain is acceptable.
Phase 4 – Basis of Design Report and 30% Design Plans
BC will prepare a Basis of Design Report (BODR) that will include the results of the site investigations and technical evaluations completed under Tasks 2 and 3. For all remaining project elements, BC will complete an extensive review of The City of Riverbank Regional Recycled Water Project Preliminary Design Report dated December 2022 prepared by KSN and will document any changes needed for these project elements. An initial BODR Kickoff meeting will be held to clearly identify what elements will be retained from the PDR and what elements will be revised and documented in the BODR.
A draft BODR with 30% Design Plans will be submitted and presented to Riverbank for review and discussion at a workshop that will be organized and facilitated by BC. BC will incorporate the comments from Riverbank prior to submitting the final BODR.
The BODR will include the following:
• List of modifications to the original PDR including revisions to the Civil, Architectural, Mechanical and Electrical Design Criteria (e.g. Headworks Modifications). • BioWin model results using flows and loading from PDR showing any potential adjustments to aeration requirements and oxidation ditch sizing. • State Point Analysis showing any potential adjustments to the secondary clarifier sizing using dynamic modeling based on hourly flows.
RRRWP BC Scope of Services Rev5_eo Riverbank Regional Recycled Water Project | 5 • Hydraulic Profile – Identify hydraulic modifications at the headworks to remove hydraulic bottlenecks. Revise hydraulic profile from preliminary design report with the inclusion of grit removal and other modifications identified as part of the BODR.
• SCADA System Investigation – Identify Hardware and Software requirements to implement Inductive Automation Ignition SCADA system for new facility.
• Electrical Service Requirements and Standby Generator – Determine if new electrical service is needed and sizing of emergency standby generator.
• Architectural Programming and design criteria, including code review, for approx. 10,000 sf electrical, operations, and maintenance building.
• Site Drainage Concepts and Stormwater Basin Sizing.
• Construction sequencing and plant tie ins and shutdowns (Narrative). • Identification of future permitting activities including Railroad Encroachment Permits, County Encroachment Permits and Air permit for diesel generator.
BC will prepare a Class 4 Opinion of Probable Construction Cost (OPCC) in accordance with standards developed by Association for the Advancement of Cost Estimating (AACE) international. The Class 4 OPCC will be included as part of the Draft BODR. A preliminary construction schedule and drawing and specification list will be included with the Basis of Design Report. The schedule detail will match the cost estimate’s level of detail.
BODR will include up to 73 drawings listed in table below Dwg Title Discipline
1 PROJECT TITLE LOCATION AND VICINITY MAP general
2 INDEX OF DRAWINGS general
3 SYMBOLS AND LEGENDS general
4 NOTES AND ABBREVIATIONS general
5 DESIGN CRITERIA general
6 HYDRAULIC PROFILE general
7 PROCESS FLOW SCHEMATIC general
8 DRAINAGE PLAN general
9 SITE PLAN civil
10 SITE ACCESS ROAD SHEET 1 civil
11 SITE ACCESS ROAD SHEET 2 civil
12 SITE ACCESS ROAD SHEET 3 civil
13 SITE ACCESS ROAD SHEET 4 civil
14 SITE ACCESS ROAD SHEET 5 civil
15 SITE ACCESS ROAD SHEET 6 civil
16 STORMWATER RETENTION POND 1 PLAN AND SECTION civil
17 STORMWATER RETENTION POND 2 PLAN AND SECTION civil
18 PAVING AND GRADING PLAN civil
19 SEASONAL STORAGE POND PLAN AND SECTION civil
20 SOLIDS STORAGE POND PLAN AND SECTION civil
21 YARD PIPING PLAN 1 civil
22 YARD PIPING PLAN 2 civil
23 YARD PIPING PLAN 3 civil
24 YARD PIPING PLAN 4 civil
25 SITE DEMOLITION PLAN demolition
26 HEADWORKS DEMOLITION PLAN demolition
RRRWP BC Scope of Services Rev5_eo Riverbank Regional Recycled Water Project | 6 27 ELECTRICAL OPERATIONS AND MAINTENANCE BUILDING LAYOUT architectural 28 BUILDING ELEVATIONS architectural
29 HEADWORKS AND SCREENING PLAN Mechanical
30 VACTOR RECEIVING STATION PLAN Mechanical
31 ANOXIC BASINS PLAN Mechanical
32 OXIDATION DITCH PLAN Mechanical
33 OXIDATION DITCH SECTION Mechanical
34 SECONDARY CLARIFIERS PLAN Mechanical
35 RAS/WAS PUMPING STATION PLAN Mechanical
36 FILTER FEED PUMPING STATION PLAN Mechanical
37 SOLIDS TREATMENT FACILITY PLAN I Mechanical
38 SOLIDS TREATMENT FACILITY PLAN II Mechanical
39 SEASONAL STORAGE RETURN PUMP STATION PLAN AND
SECTIONS Mechanical
40 TERTIARY FILTERS PLAN Mechanical
41 TERTIARY FILTERS SECTION Mechanical
42 UV DISINFECTION PLAN AND SECTIONS Mechanical
43 RW STORAGE AND PUMPING STATION I Mechanical
44 RW STORAGE AND PUMPING STATION I Mechanical
45 RW PIPELINE ALIGNMENT PLAN Mechanical
46 RW PIPELINE ALIGNMENT PLAN Mechanical
47 RW PIPELINE ALIGNMENT PLAN Mechanical
48 RW PIPELINE ALIGNMENT PLAN Mechanical
49 RW PIPELINE ALIGNMENT PLAN Mechanical
50 RW PIPELINE ALIGNMENT PLAN Mechanical
51 RW DELIVERY CONNECTION PLAN AND SECTION Mechanical
52 ELECTRICAL GENERAL NOTES electrical
53 MAIN PLANT SINGLE LINE DRAWING electrical
54 INSTRUMENTATION GENERAL NOTES AND SYMBOLS Instrumentation 55 NETWORK BLOCK DIAGRAM Instrumentation
56 HEADWORKS AND OXIDATION DITCH SPLITTER P&ID Instrumentation 57 EMERGENCY STORAGE AND OVERFLOW P&ID Instrumentation
58 ANOXIC BASIN AND OXIDATION DITCH P&ID Instrumentation 59 SECONDARY CLARIFIER P&ID Instrumentation
60 RAS/WAS PUMPING STATION P&ID Instrumentation
61 WAS STORAGE P&ID Instrumentation
62 SLUDGE FEED PUMPING STATION P&ID Instrumentation
63 SOLIDS DEWATERING P&ID Instrumentation
64 SOLIDS POLYMER FEED P&ID Instrumentation
65 SECONDARY SCUM AND SECONDARY EFFLUENT RETURN P&ID Instrumentation 66 FILTER FEED PUMPING STATION P&ID Instrumentation
67 RAPID MIX, FLOCCULATION AND FILTER SYSTEM P&ID Instrumentation 68 FILTER COAGULANT FEED P&ID Instrumentation
69 UV DISINFECTION SYSTEM P&ID Instrumentation
RRRWP BC Scope of Services Rev5_eo Riverbank Regional Recycled Water Project | 7 70 PLANT WATER AND RECYCLED WATER PUMPING STATION P&ID Instrumentation 71 HYPOCHLORITE FEED SYSTEM P&ID Instrumentation
72 PLANT DRAIN PUMPING STATION P&ID Instrumentation
73 STORM DRAIN PUMPING STATION P&ID Instrumentation
Drawings will be prepared by BC team including subs Cecil and Cecil, Bennett Engineering and MWA BC will revise the draft BODR and any other deliverables in response to Riverbank’s review comments and finalize BODR, including the OPCC.
Phase 4 Meetings:
• BODR Kickoff Workshop
• Architectural Programming Workshop
• BODR Review Workshop
Phase 4 Deliverables:
• BODR with 30% Plans (Draft and Final, electronic format) • Workshop agenda, presentation materials and meeting summary (electronic PDF) • Written responses to RIVERBANK’s Draft PDR review comments (provided in RIVERBANK’s standard comment/response log format) Phase 4 Assumptions:
• Native AutoCAD files of the preliminary design drawings by KSN will be provided for BCs use. • Grit Removal System will be evaluated but will not be included with the 30% design plans • RIVERBANK will provide a single consolidated list of review comments for the Basis of Design report (electronic format) • Three (3) on-site workshops attended by up to four BC (4) staff and sub consultants for approximately 3 hours each Phase 5 – Coordination with CEQA/NEPA/Permitting/Grant Funding As part of this task, BC shall support City and KSN on environmental permitting by supplying technical information to support the environmental permitting process and to support grant funding opportunities.
Phase 5 Assumptions:
• Approximately 48 hours of labor is assumed for this Task • Support activities would occur between 7/2023 and 2/2024 Time of Completion
Preliminary Design Work is expected to commence by July 2023. Completion of BODR will be completed within 7 months of issuance of notice to proceed or end of February 2024.
Schedule Assumptions:
• Schedule assumes that RIVERBANK completes deliverable reviews within 10 working days • Attachment A contains a detailed Basis of Design Development schedule.
Fee Estimate
The detailed fee estimate for the forgoing services is included in Attachment B.
Fee Assumptions:
• Labor Rates are based on a labor multiplier of 3.1
• APC of $8/hour included on hourly rates for incidental costs (computers, printing) • Subconsultant Markup is 10%
• ODCs include mileage and other travel costs and includes 10% markup • A 5% increase in labor multiplier will start on January 1, 2024 and will continue annually.
ID Task
Mode
Outline Level Task Name Duration Start Finish Predecessors Successors 0 0 Basis of Design Report
Preparation
158 days? Mon
7/3/23
Fri 2/16/24
1 1 Project Management,
Quality Assurance/Quality
Control and Meetings
158 days Mon 7/3/23 Fri 2/16/24
2 2 Prepare PMP and FWSP 5 days Mon 7/3/23 Mon 7/10/23 7FS+15 days,8FS+10 days,3,4,13FS+5 days,21,24,27,32,30,34,48 3 2 Monthly Invoicing and
management oversight
150 days Fri 7/14/23 Fri 2/16/24 2,49FF
4 2 Team Coordination and
Communications
150 days Fri 7/14/23 Fri 2/16/24 2,49FF
5 2 QA/QC 100 days Wed 9/20/23Tue 2/13/24 16
6 1 Site Investigations 58 days? Tue 7/18/23 Fri 10/6/23 7 2 Topographic, boundary
and structure survey
20 days Tue 8/1/23 Mon 8/28/23 2FS+15 days 36
8 2 Geotechnical
Investigations
20 days Tue 7/25/23 Mon 8/21/23 2FS+10 days 9
9 2 Prepare Draft
Geotechnical Report
20 days Tue 8/22/23 Tue 9/19/23 8 37,10
10 2 Internal review 5 days Wed 9/20/23Tue 9/26/23 9 11 11 2 Prepare Final
Geotechnical Report
1 day? Wed
9/27/23
Wed 9/27/23 10 36
12 2 Sludge Characterization 58 days Tue 7/18/23 Fri 10/6/23 13 3 Prepare Sampling Plan 5 days Tue 7/18/23 Mon 7/24/23 2FS+5 days 14 14 3 Conduct Field Sampling 5 days Tue 7/25/23 Mon 7/31/23 13 15FS+15 days
15 3 Prepare Draft Report 15 days Tue 8/22/23 Tue 9/12/23 14FS+15 days16 16 3 Internal QC review 5 days Wed 9/13/23Tue 9/19/23 15 17,5 17 3 Submit Draft Report 0 days Tue 9/19/23 Tue 9/19/23 16 18 18 3 Riverbank Review 10 days Wed 9/20/23Tue 10/3/23 17 19 19 3 Prepare Final Report 3 days Wed 10/4/23Fri 10/6/23 18 30 20 1 Technical Evaluations 25 days Tue 7/11/23 Mon 8/14/23 21 2 Grit Removal Evaluation 10 days Tue 7/11/23 Mon 7/24/23 2 22 22 2 Mechanical Aeration and
Mixing Equipment
Evaluation
10 days Tue 7/25/23 Mon 8/7/23 21 23
23 2 Grit and Aeration
Workshop
0 days Mon 8/7/23 Mon 8/7/23 22 31
9/19
8/7
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2024
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ATTACHMENT A - City of Riverbank Regional Recycled Water Project - Basis of Design Preparation Schedule
Project: Basis of Design Report
Date: Thu 4/6/23
ID Task
Mode
Outline Level Task Name Duration Start Finish Predecessors Successors 24 2 Sludge Dewatering
Evaluation
15 days Tue 7/11/23 Mon 7/31/23 2 25
25 2 Biosolids Disposal
Assessment
10 days Tue 8/1/23 Mon 8/14/23 24 26
26 2 Solids Dewatering and
Biosolids Disposal
Workshop
0 days Mon
8/14/23
Mon 8/14/23 25 30
27 2 Cloth and Granular Media
Evaluation
15 days Tue 7/11/23 Mon 7/31/23 2 28
28 2 Cloth and Granular Media
Evaluation Workshop
0 days Mon
7/31/23
Mon 7/31/23 27 33
29 1 Basis of Design Report 148 days Tue 7/11/23 Fri 2/9/24 30 2 Review PDR and
recommend changes
5 days Mon
10/9/23
Fri 10/13/23 2,26,19 35
31 2 Hydraulic Evaluation 15 days Tue 8/8/23 Mon 8/28/23 23 35 32 2 SCADA Evaluation 15 days Tue 7/11/23 Mon 7/31/23 2 35 33 2 Electrical Service and
Standby Power
15 days Tue 8/1/23 Mon 8/21/23 28 35
34 2 Building Materials and
Architectural
Programming
15 days Tue 7/11/23 Mon 7/31/23 2 35
35 2 BODR Workshop 1 0 days Fri 10/13/23 Fri 10/13/23 30,31,32,33,3440,38 36 2 Site Drainage and
Stormwater Basin Sizing
15 days Thu 9/28/23 Wed
10/18/23
7,11 39
37 2 Future Permitting 5 days Wed 9/20/23Tue 9/26/23 9 39 38 2 Drawing Preparation 20 days Mon 10/16/23Fri 11/10/23 35 40,39 39 2 BODR Workshop 2 0 days Fri 11/10/23 Fri 11/10/23 36,37,38 40 40 2 Prepare Draft BODR 25 days Mon 11/13/23Tue 12/19/23 39,35,38 41 41 2 Internal QC Review 10 days Wed 12/20/23Fri 1/5/24 40 42 42 2 Submit BODR to
Riverbank
0 days Fri 1/5/24 Fri 1/5/24 41 43
43 2 Riverbank Review 10 days Mon 1/8/24 Fri 1/19/24 42 44 44 2 Address Comments 5 days Mon 1/22/24Fri 1/26/24 43 45 45 2 BODR Review Workshop 0 days Fri 1/26/24 Fri 1/26/24 44 46 46 2 Prepare Final BODR 10 days Mon 1/29/24Fri 2/9/24 45 47 47 2 Submit Final BODR to
Riverbank
0 days Fri 2/9/24 Fri 2/9/24 46 49
8/14
7/31
10/13
11/10
1/5
1/26
2/9
Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar
2024
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ATTACHMENT A - City of Riverbank Regional Recycled Water Project - Basis of Design Preparation Schedule
Project: Basis of Design Report
Date: Thu 4/6/23
ID Task
Mode
Outline Level Task Name Duration Start Finish Predecessors Successors 48 1 Coordination with
CEQA/NEPA/Permitting/Grant
Funding
150 days Tue 7/11/23 Tue 2/13/24 2
49 1 Project Closeout 5 days Mon 2/12/24Fri 2/16/24 47 3FF,4FF Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar
2024
Task
Split
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Summary
Project Summary
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ATTACHMENT A - City of Riverbank Regional Recycled Water Project - Basis of Design Preparation Schedule
Project: Basis of Design Report
Date: Thu 4/6/23
ID Task
Mode
Outline Level Task Name Duration Start Finish Predecessors Successors 0 0 Basis of Design Report
Preparation
158 days? Mon
7/3/23
Fri 2/16/24
1 1 Project Management,
Quality Assurance/Quality
Control and Meetings
158 days Mon 7/3/23 Fri 2/16/24
2 2 Prepare PMP and FWSP 5 days Mon 7/3/23 Mon 7/10/23 7FS+15 days,8FS+10 days,3,4,13FS+5 days,21,24,27,32,30,34,48 3 2 Monthly Invoicing and
management oversight
150 days Fri 7/14/23 Fri 2/16/24 2,49FF
4 2 Team Coordination and
Communications
150 days Fri 7/14/23 Fri 2/16/24 2,49FF
5 2 QA/QC 100 days Wed 9/20/23Tue 2/13/24 16
6 1 Site Investigations 58 days? Tue 7/18/23 Fri 10/6/23 7 2 Topographic, boundary
and structure survey
20 days Tue 8/1/23 Mon 8/28/23 2FS+15 days 36
8 2 Geotechnical
Investigations
20 days Tue 7/25/23 Mon 8/21/23 2FS+10 days 9
9 2 Prepare Draft
Geotechnical Report
20 days Tue 8/22/23 Tue 9/19/23 8 37,10
10 2 Internal review 5 days Wed 9/20/23Tue 9/26/23 9 11 11 2 Prepare Final
Geotechnical Report
1 day? Wed
9/27/23
Wed 9/27/23 10 36
12 2 Sludge Characterization 58 days Tue 7/18/23 Fri 10/6/23 13 3 Prepare Sampling Plan 5 days Tue 7/18/23 Mon 7/24/23 2FS+5 days 14 14 3 Conduct Field Sampling 5 days Tue 7/25/23 Mon 7/31/23 13 15FS+15 days
15 3 Prepare Draft Report 15 days Tue 8/22/23 Tue 9/12/23 14FS+15 days16 16 3 Internal QC review 5 days Wed 9/13/23Tue 9/19/23 15 17,5 17 3 Submit Draft Report 0 days Tue 9/19/23 Tue 9/19/23 16 18 18 3 Riverbank Review 10 days Wed 9/20/23Tue 10/3/23 17 19 19 3 Prepare Final Report 3 days Wed 10/4/23Fri 10/6/23 18 30 20 1 Technical Evaluations 25 days Tue 7/11/23 Mon 8/14/23 21 2 Grit Removal Evaluation 10 days Tue 7/11/23 Mon 7/24/23 2 22 22 2 Mechanical Aeration and
Mixing Equipment
Evaluation
10 days Tue 7/25/23 Mon 8/7/23 21 23
23 2 Grit and Aeration
Workshop
0 days Mon 8/7/23 Mon 8/7/23 22 31
9/19
8/7
Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar
2024
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ATTACHMENT A - City of Riverbank Regional Recycled Water Project - Basis of Design Preparation Schedule
Project: Basis of Design Report
Date: Thu 4/6/23
ID Task
Mode
Outline Level Task Name Duration Start Finish Predecessors Successors 24 2 Sludge Dewatering
Evaluation
15 days Tue 7/11/23 Mon 7/31/23 2 25
25 2 Biosolids Disposal
Assessment
10 days Tue 8/1/23 Mon 8/14/23 24 26
26 2 Solids Dewatering and
Biosolids Disposal
Workshop
0 days Mon
8/14/23
Mon 8/14/23 25 30
27 2 Cloth and Granular Media
Evaluation
15 days Tue 7/11/23 Mon 7/31/23 2 28
28 2 Cloth and Granular Media
Evaluation Workshop
0 days Mon
7/31/23
Mon 7/31/23 27 33
29 1 Basis of Design Report 148 days Tue 7/11/23 Fri 2/9/24 30 2 Review PDR and
recommend changes
5 days Mon
10/9/23
Fri 10/13/23 2,26,19 35
31 2 Hydraulic Evaluation 15 days Tue 8/8/23 Mon 8/28/23 23 35 32 2 SCADA Evaluation 15 days Tue 7/11/23 Mon 7/31/23 2 35 33 2 Electrical Service and
Standby Power
15 days Tue 8/1/23 Mon 8/21/23 28 35
34 2 Building Materials and
Architectural
Programming
15 days Tue 7/11/23 Mon 7/31/23 2 35
35 2 BODR Workshop 1 0 days Fri 10/13/23 Fri 10/13/23 30,31,32,33,3440,38 36 2 Site Drainage and
Stormwater Basin Sizing
15 days Thu 9/28/23 Wed
10/18/23
7,11 39
37 2 Future Permitting 5 days Wed 9/20/23Tue 9/26/23 9 39 38 2 Drawing Preparation 20 days Mon 10/16/23Fri 11/10/23 35 40,39 39 2 BODR Workshop 2 0 days Fri 11/10/23 Fri 11/10/23 36,37,38 40 40 2 Prepare Draft BODR 25 days Mon 11/13/23Tue 12/19/23 39,35,38 41 41 2 Internal QC Review 10 days Wed 12/20/23Fri 1/5/24 40 42 42 2 Submit BODR to
Riverbank
0 days Fri 1/5/24 Fri 1/5/24 41 43
43 2 Riverbank Review 10 days Mon 1/8/24 Fri 1/19/24 42 44 44 2 Address Comments 5 days Mon 1/22/24Fri 1/26/24 43 45 45 2 BODR Review Workshop 0 days Fri 1/26/24 Fri 1/26/24 44 46 46 2 Prepare Final BODR 10 days Mon 1/29/24Fri 2/9/24 45 47 47 2 Submit Final BODR to
Riverbank
0 days Fri 2/9/24 Fri 2/9/24 46 49
8/14
7/31
10/13
11/10
1/5
1/26
2/9
Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar
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ATTACHMENT A - City of Riverbank Regional Recycled Water Project - Basis of Design Preparation Schedule
Project: Basis of Design Report
Date: Thu 4/6/23
ID Task
Mode
Outline Level Task Name Duration Start Finish Predecessors Successors 48 1 Coordination with
CEQA/NEPA/Permitting/Grant
Funding
150 days Tue 7/11/23 Tue 2/13/24 2
49 1 Project Closeout 5 days Mon 2/12/24Fri 2/16/24 47 3FF,4FF Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar
2024
Task
Split
Milestone
Summary
Project Summary
Inactive Task
Inactive Milestone
Inactive Summary
Manual Task
Duration-only
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Manual Progress
ATTACHMENT A - City of Riverbank Regional Recycled Water Project - Basis of Design Preparation Schedule
Project: Basis of Design Report
Date: Thu 4/6/23
Riverbank, City of (CA) -- Regional Recycled Water Program Harrison,
Michael J
Okamura,
Esther Elaine L
Ross,
Adam D
Abrew,
John
Billing,
Brandon M
Border,
Jennifer
Riley,
Lauren N
Calciano,
Anthony
Carboni,
Davina R
Casey,
Colin M
Crites,
Ronald W
Beil,
Ryan
Gagne,
Daniel
Goodburn,
Daniel L
Henneman,
Seppi M
Hoff,
Kenneth
Knapp,
Leslie A
Mackey,
Erin D
McDonald,
Rhys
Muller,
Christopher D
Patel,
Vishal J
Puthuveedu Palani,
Sundara Rajan
Salerno,
Lance P
Sant,
Uday A
Sawyer,
Linda K
Sierra,
Natalie V
Paculba,
Wynn J
Terrazas,
Richard W
Sharma,
Divij
Moses,
Logan
Ortiz-Donato,
Steven
Forsberg,
Dane C
Schock,
Dawn M
Bongiovanni-Lewis,
Nicole M
Burke,
Fred
c Engineer/Operations Te LAB Lodging and Food Other Travel Equipment Mark Thomas Crawford MWA Architects Bennett Engineers Cecil and Cecil Phase Phase Description PM Admin /Billing Area Lead Deputy PM Hydraulics - SME/QC Permitting - Air PE - Secondary QC Civil QC Mechanical Lead Permitting PE - Tertiary Structural Lead Cost Estimator Process Design Lead Safety Operations Lead SME- Tertiary Sludge Characterization Lead Solids Treatment SME Tertiary - SME Electrial Lead Operations SME/QC Civil Pumping Station SME QC QC Project Engineer AA Tor Project Engineer Sludge Disposal Lead PE- Grit and Solids IC Lead and Electrical PE Word Processing Biller CADD Total Labor Hours Total Labor Effort APC Total ODCs Total Unit Pricing Effort Total Sub Cost Total Expense Cost Total Expense Effort Total Effort $328.82 $125.67 $331.98 $303.27 $186.65 $203.08 $135.35 $313.69 $259.32 $223.57 $309.63 $154.78 $256.65 $253.36 $246.79 $214.61 $228.94 $312.98 $279.65 $293.29 $312.98 $309.38 $320.82 $265.89 $298.07 $326.83 $173.63 $342.12 $131.19 $143.53 $120.25 $161.98 $137.36 $97.00 $217.19 $97.59 001 Project Maangement 52 45 10 88 16 0 0 24 8 0 0 0 0 0 0 6 0 0 0 8 16 0 0 0 24 24 0 4 0 0 0 0 0 14 0 0 339 96,128 2,708 000 0 0 0 00000 0 0 2,708 98,836 101 Prepare PMP and FWSP 24 0 10 24 0 0 0 0 0 0 0 0 0006 00 0 000 0 000040000 0000 68 22,029 540 0 0 0 0 0 0 0 0 0 0 0 0 0 540 22,569 102 Mo. Invoicing & Mngmnt Oversight 24 45 0 40 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 14 0 0 123 28,388 984 0 0 0 0 0 0 0 0 0 0 0 0 0 984 29,372 103 Team Coord. and Communications 4 0 0 24 0 0 0 0 0 0 0 0 0000 00 0 800 0 000000000 0000 36 11,487 288 0 0 0 0 0 0 0 0 0 0 0 0 0 288 11,775 104 QC 0 0 0 0 16 0 0 24 8 0 0 0 0 0 0 0 0 0 0 0 16 0 0 0 24 24 0 0 0 0 0 0 0 0 0 0 112 34,224 896 0 0 0 0 0 0 0 0 0 0 0 0 0 896 35,120 Leave Blank and Protected
002 Site Investigations 0 0 0 32 0 0 0 0 0 0 0 0 4 0 0 0 0 0 142 0 0 0 0 0 0 0 68 0 90 10 0 0 0 0 0 0 346 75,491 2,768 10,000 0 2,500 12,500 1,200 1,200 93,066 203,008 0 0 0 296,074 308,574 343,399 418,891 201 Topogr./Bndry.& Struct. Survey 0008 0 0 000 0 00 0000 00 0 000 0 000000000 0000 8 2,426 64 0 0 0 0 0 0 93,066 0000 93,066 93,066 102,437 104,863 202 Geotechnical Investigation 0008 0 0 000 0 00 4000 00 0 000 0 000000000 0000 12 3,453 96 0 0 0 0 0 0 0 203,008 0 0 0 203,008 203,008 223,405 226,858 203 Sludge Characterization 0008 0 0 000 0 00 0000 00 0 000 0 000000000 0000 8 2,426 64 0 0 0 0 0 0 0 0 0 0 0 0 0 64 2,490 231 FWSP-Prep.Smplng & Testing Plan 0 0 0 4 0 0 0 0 0 0 0 0 0 0 0 0 0 0 24 0 0 0 0 0 0 0 8 0 0 0 0 0 0 0 0 0 36 9,314 288 0 0 0 0 0 0 0 0 0 0 0 0 0 288 9,602 232 Prep.Eqpmnt - Conduct Field Smplng 0 0 0 4 0 0 0 0 0 0 0 0 0 0 0 0 0 0 50 0 0 0 0 0 0 0 60 0 50 0 0 0 0 0 0 0 164 32,173 1312 10,000 0 2,500 12,500 1,200 1,200 000000 12,500 16,262 48,435 233 Prep.Draft Sludge Charact. Report 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 60 0 0 0 0 0 0 0 0 0 40 8 0 0 0 0 0 0 108 23,175 864 0 0 0 0 0 0 0 0 0 0 0 0 0 864 24,039 234 Prep Final Sludge Charact. Report 0000 0 0 000 0 00 0000 00 8 000 0 000000200 0000 10 2,524 80 0 0 0 0 0 0 0 0 0 0 0 0 0 80 2,604 Leave Blank and Protected
003 Technical Evaluations 40 0 0 32 0 0 48 0 0 72 0 48 0 0 0 0 0 0 0 20 4 0 0 0 0 0 0 0 0 40 88 0 0 0 0 0 392 76,322 3,136 0 2,500 0 2,500 0 0 00000 0 2,500 5,886 82,208 301 Grit Removal 0 00 00 0000311 Grit Removal Evaluation 4 0 0 0 0 0 0 0 0 16 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 40 0 0 0 0 0 60 9,702 480 0 0 0 0 0 0 0 0 0 0 0 0 0 480 10,182 312 Grit Removal Workshop 4008 0 0 000 8 00 0000 00 0 000 0 000000080 0000 28 6,492 224 0 500 0 500 0 0 0 0 0 0 0 0 500 774 7,266 302 Aeration 0 00 00 0000321 Mech. Aeration&Mixing Equip.Eval. 4 0 0 0 0 0 40 0 0 16 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 60 10,306 480 0 0 0 0 0 0 0 0 0 0 0 0 0 480 10,786 322 Mech. A&M Equip. Eval. Wrkshp 4008 0 0 800 8 00 0000 00 0 000 0 000000000 0000 28 6,613 224 0 500 0 500 0 0 0 0 0 0 0 0 500 774 7,387 303 Dewatering 0 00 00 0000331 Sludge Dewatering&Storage Eval. 4 0 0 0 0 0 0 0 0 16 0 0 0 0 0 0 0 0 0 8 0 0 0 0 0 0 0 0 0 0 32 0 0 0 0 0 60 11,087 480 0 0 0 0 0 0 0 0 0 0 0 0 0 480 11,567 332 Sludge D&S Evaluation Wrkshp 4008 0 0 000 8 00 0000 00 0 000 0 000000080 0000 28 6,492 224 0 500 0 500 0 0 0 0 0 0 0 0 500 774 7,266 304 Biosolids 0 00 00 0000341 Biosolids Disposal Assessment 4 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 8 0 0 0 0 0 0 0 0 0 32 0 0 0 0 0 0 44 8,255 352 0 0 0 0 0 0 0 0 0 0 0 0 0 352 8,607 342 Biosol.Dspsl Assessment Wrkshp 4008 0 0 000 0 00 0000 00 0 400 0 000000800 0000 24 6,063 192 0 500 0 500 0 0 0 0 0 0 0 0 500 742 6,805 305 Tertiary Filtration 0 00 00 0000
351 Cloth and Granular Media Evaluation 4 0 0 0 0 0 0 0 0 0 0 40 0 0 0 0 0 0 0 0 4 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 48 8,758 384 0 0 0 0 0 0 0 0 0 0 0 0 0 384 9,142 352 C&G Media Evaluation Workshop 4000 0 0 000 0 08 0000 00 0 000 0 000000000 0000 12 2,554 96 0 500 0 500 0 0 0 0 0 0 0 0 500 646 3,200 Leave Blank and Protected
004 Basis of Design Report 84 0 0 54 28 4 140 0 72 98 4 220 16 36 132 0 28 4 0 0 0 104 28 104 24 0 0 0 144 0 188 96 12 0 216 4 1,840 382,213 14,720 0 2,000 0 2,000 0 0 0 0 90,200 75,880 68,970 235,050 237,050 275,475 657,688401 Rev. of PDR & Recom. Modifications 4 0 0 0 8 0 0 0 0 8 0 0 4 0 120 0 0 4 0 0 0 4 0 0 24 0 0 0 0 0 0 0 0 0 0 0 176 44,882 1408 0 0 0 0 0 0000000 0 1,408 46,290 402 Hydraulic Evaluation 4 0 0 0 20 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 120 0 0 0 0 0 0 0 144 20,791 1152 0 0 0 0 0 0000000 0 1,152 21,943 403 SCADA System Investigation 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 8 0 0 0 0 0 0 0 0 0 48 0 0 0 0 58 10,907 464 0 0 0 0 0 0 0 0 0 0 0 0 0 464 11,371 404 Electrical Serv.&Standby Power Eval 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 40 0 0 0 0 0 0 0 0 0 8 0 0 0 0 50 14,329 400 0 0 0 0 0 0 0 0 0 0 0 0 0 400 14,729 405 Bldng Materials&Archit. Programming 0008 0 0 000 0 00 0000 00 0 000 0 000000000 0000 8 2,426 64 0 0 0 0 0 0 0 0 90,200 0 0 90,200 90,200 99,284 101,710 406 Site Drainage&StrmWtr Basin Sizing 2004 0 0 008 0 00 0000 00 0 000 0 000000000 0000 14 3,945 112 0 0 0 0 0 0 0 0 0 0 0 0 0 112 4,057 407 Constr.Sequencing-Tie ins/shtdwns 4 0 0 4 0 4 8 0 0 0 4 0 0 0 0 0 12 0 0 0 0 0 24 0 0 0 0 0 0 0 0 0 0 0 0 0 60 16,109 480 0 0 0 0 0 0 0 0 0 0 0 0 0 480 16,589 408 Identification of Future Permitting 0 0 0 4 0 0 0 0 16 0 0 0 0 0 0 0 0 0 0 0 0 0 0 16 0 0 0 0 0 0 0 0 0 0 0 0 36 9,616 288 0 0 0 0 0 0 0 0 0 0 0 0 0 288 9,904 409 BODR Drawings 28 0 0 4 0 0 96 0 44 80 0 184 0 0 0 0 0 0 0 0 0 40 0 72 0 0 0 0 24 0 152 16 0 0 216 0 956 183,638 7648 0 0 0 0 0 0000 75,880 68,970 144,850 144,850 166,983 350,621 410 Prepare Draft BODR 4 0 0 4 0 0 24 0 4 8 0 24 12 36 4 0 4 0 0 0 0 0 4 4 0 0 0 0 0 0 24 12 8 0 0 4 180 35,087 1440 0 0 0 0 0 0000000 0 1,440 36,527 411 Conduct BODR workshops (3) 32 0 0 24 0 0 8 0 0 0 0 8 0080 80 0 008 0 800000088 0000 120 32,327 960 0 2,000 0 2,000 0 0000000 2,000 3,160 35,487 412 Prepare Final BODR 2002 0 0 400 2 04 0000 40 0 004 0 400000044 4000 38 8,155 304 0 0 0 0 0 0 0 0 0 0 0 0 0 304 8,459 Leave Blank and Protected
005 Coord.CEQA-NEPA-Prmit.-GrntFndng 2 0 0 24 0 4 0 0 0 0 16 0 0 0 0 0 0 0 0 0 0 0 0 2 0 0 0 0 0 0 0 0 0 0 0 0 48 14,946 384 000 0 0 0 00000 0 0 384 15,330 **** Default Task 2 0 0 24 0 4 0 0 0 0 16 0 0000 00 0 000 0 200000000 0000 48 14,946 384 0 0 0 0 0 0 0 0 0 0 0 0 0 384 15,330 Leave Blank and ProtectedGRAND TOTAL 178 45 10 230 44 8 188 24 80 170 20 268 20 36 132 6 28 4 142 28 20 104 28 106 48 24 68 4 234 50 276 96 12 14 216 4 2,965 645,100 23,716 10,000 4,500 2,500 17,000 1,200 1,200 93,066 203,008 90,200 75,880 68,970 531,124 548,124 627,852 1,272,952Hours and Dollars are rounded to nearest whole number. To display decimals, change the format of the cells.
Item 11.3 – CC/LRA – 06/27/2023
RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 11.3
SECTION 11: NEW BUSINESS
Meeting Date: June 27, 2023
Subject: A Resolution to Award a Contract for the 30% Design Phase Program Management and Project Permitting Support for the Regional Recycled Water Project – Phase I to Kjeldsen, Sinnock & Neudeck, Inc., and Authorize a Budget Appropriation in the amount of $219,122.00.00 from the Sewer Fund 106 for FY 2023/2024
From: Marisela H. Garcia, City Manager
Submitted by: Cody Bridgewater, Public Works Director
RECOMMENDATION
It is recommended that the City Council award the contract for ongoing program management for the 30% design phase and permitting support for the Riverbank Regional Recycled Water Project – Phase I to Kjeldsen, Sinnock & Neudeck, Inc. (KSN), authorize the City Manager to execute a contract with said firm in the amount of $199,202.00, authorize a contingency amount of $19,920.00 (approximately 10%), and authorize a budget appropriation of $219,122.00 from the Wastewater Enterprise Fund (Fund 106) for FY 2023/2024.
SUMMARY
Upon completion of the City of Riverbank Recycled Water Production Study and Recycled Water Use Study reports and completion of the 15% preliminary design, as directed by the City Council, applications for financial assistance for proceeding with the Phase I Regional Recycled Water Project (RRRWP) have been prepared and submitted to the State Water Resources Control Board under the Clean Water State Revolving Fund (CWSRF). An additional application has been submitted to the Federal Emergency Management Agency (FEMA) for funding under the Building Resilient Infrastructure and Communities (BRIC) Hazard Mitigation Assistance program. Based on submittal of these documents, completion of the California Environmental Quality Act (CEQA) documents, and establishing sewer rates to support the Project, advancing the design and permitting through the 30% level of detail is consistent with the overall project schedule, with projected completion by the end of 2026.
Item 11.3 – CC/LRA – 06/27/2023
As an ongoing project and program management support to the City, including providing peer review technical support and preparing and coordinating certain project permit applications and technical documents, Program Management services have been solicited from KSN. These services are consistent with the City’s selection of KSN following the Request for Qualifications (RFQ) process for on-call civil engineering services and KSN’s 2021 selection as the firm most qualified to provide the City’s on-call water, stormwater, and wastewater engineering, as well as KSN’s successful completion of the Recycled Water Study reports and preliminary design. Based on the proposed 30% design, staff has negotiated a fair and reasonable scope of services and budget with KSN for ongoing program management, permitting, and peer review assistance through the 30% design phase. Tonight’s request is to proceed with awarding the contract to KSN for providing ongoing program management for this phase according to the enclosed scope of services. Because applications for additional funding sources are currently being pursued and potential funding agency follow-up may be necessary, it is further recommended that the City Council authorize a 10% budget contingency to allow the City Manager to negotiate additional engineering and project funding assistance from KSN.
BACKGROUND
The City has completed 15% preliminary design for expanding the Wastewater Treatment Plant (WWTP) to produce recycled water as well as provide for capacity to meet expected wastewater treatment needs of the City for the next 30 years. Based on input and direction from the City Council, a Phase I program of implementation of the alternatives evaluated in the feasibility study was prepared to the 15% preliminary design level in support of preparation of financial assistance applications to multiple funding sources and to support preparation of environmental documentation, both approved by the Council in December 2022. The Phase I program would produce recycled water for use in southeastern San Joaquin County, adjacent to the City’s WWTP. Wastewater generated within the City is the proposed source of recycled water in this proposed project and has the potential to capture and reuse wastewater to supplement fresh water sources, including in-lieu recharge of groundwater. The proposed project includes improvements to the City of Riverbank WWTP, and recycled water distribution facilities within the vicinity of the WWTP. It is envisioned that this water will be used to offset water used for agricultural needs.
The proposed 30% design effort will advance the details of design, including evaluating potential addition of grit removal and cost-efficient management of wastewater solids, and will support advancing the projects towards implementation. This 30% design is expected to take approximately eight months to complete and therefore would advance the project design through approximately March 2024. During this advancement of design, the project permitting with the Regional Water Quality Control Board would be initiated and encroachment permitting with the BNSF railroad and San Joaquin County Public Works Department initiated.
The scope of services contained as Exhibit A to the attached draft Consultant Agreement has been developed to address these requirements as well as provide Program and Project Management and support in providing additional input to finding applications.
Item 11.3 – CC/LRA – 06/27/2023
Based on City staff’s review of KSN’s continued performance as Program Manager and selection as on-call civil engineering related to the City’s water, wastewater, and stormwater utilities, and the firm’s project manager experience and qualifications, contracting with KSN for this phase of Program Management is recommended according to the attached draft Consultant Agreement.
STRATEGIC PLAN
The RRRWP and this action addresses the following August 10, 2021 Strategic Plan Goals:
Goal 1.3 Continue to seek local, regional and federal grant opportunities to support City projects, programs and initiatives.
Goal 6, Promoting Sustainable Development, by providing for facilities that sustainably support the City’s thoughtful and careful planning.
FINANCIAL IMPACT
Cost of this element of the project is $199,202.00, with the potential to add an additional $19,920.00 supporting pursuit of additional funding sources, to be appropriated from the City’s Wastewater Enterprise Fund.
ATTACHMENT
1) Resolution 2023-
2) Kjeldsen, Sinnock & Neudeck, Inc. Consultant Agreement - DRAFT 3) Scope of Services
CC/LRA – 06/27/23
CC RESOLUTION 2023-
CITY OF RIVERBANK
RESOLUTION 2023-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVERBANK, CALIFORNIA, TO AWARD A CONTRACT FOR THE 30% DESIGN PHASE
PROGRAM MANAGEMENT AND PROJECT PERMITTING SUPPORT FOR THE REGIONAL RECYCLED WATER PROJECT – PHASE I TO KJELDSEN, SINNOCK & NEUDECK, INC., AUTHORIZE THE CITY MANAGER TO EXECUTE A
CONTRACT WITH SAID FIRM, AND AUTHORIZE A BUDGET APPROPRIATION OF $219,122.00 FROM THE WASTEWATER ENTERPRISE FUND 106 FOR SAID
CONTRACT
THE CITY OF RIVERBANK CITY COUNCIL (HEREAFTER REFERRED TO AS THE “CITY COUNCIL”) DOES HEREBY RESOLVE THAT:
WHEREAS, the City has submitted an application to the State Water Resources Control Board for financial assistance in implementing the Regional Recycled Water Project – Phase I; and
WHEREAS, advancing the design of the Project to the 30% level of detail will support project permitting with the Regional Water Quality Control Board; and WHEREAS, advancing the design to the 30% level of detail will support the City’s position and competitive situation in obtaining other financial assistance; and WHEREAS, proceeding with the Design will advance the overall project schedule towards completion projected in December 2026; and
WHEREAS, the scope of services for program management, preliminary design and preparation of permit application documents will support advancing the project to the 30% design level; and
WHEREAS, after consideration of statements of qualifications submitted in response to a Request for Qualifications for on-call civil engineering services, it is the City Council’s desire to award the contract for continued program management, permit application document preparation, and supplemental project financing application support to Kjeldsen, Sinnock & Neudeck, Inc. at a cost of $199,202.00, with an approximate 10% budget contingency amount of $19,920.00 for potential additional services to be administered by the City Manager, for a total of $219,122.00 to be allocated from the Wastewater Enterprise Fund 106.
ATTACHMENT 1
CC/LRA – 06/27/23
CC RESOLUTION 2023-
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Riverbank hereby awards the 30% Design Phase Program Management and Project Permitting Support for the Regional Recycled Water Project – Phase I contract to Kjeldsen, Sinnock & Neudeck, Inc, authorizes the City Manager to execute this contract, and appropriates $219,122.00 from the Wastewater Enterprise Fund 106.
PASSED AND ADOPTED by the City Council of the City of Riverbank at a regular meeting held on the 27th day of June, 2023; motioned by Councilmember ________, seconded by Councilmember _________, and upon roll call was carried by the following City Council vote of____ :
AYES:
NAYS:
ABSENT:
ABSTAINED:
ATTEST: APPROVED:
______________________ ______________________
Gabriela Hernandez Richard D. O’Brien
City Clerk Mayor
Attachment: Kjeldsen, Sinnock & Neudeck, Inc. Consultant Agreement
CONSULTANT SERVICES AGREEMENT
City of Riverbank and Kjeldsen, Sinnock & Neudeck, Inc.
CONSULTANT SERVICES AGREEMENT
THIS CONSULTANT SERVICES AGREEMENT (“Agreement”) is made and entered into this ____ day of June 2023, (the “Effective Date”) by and between the City of Riverbank, a California municipal corporation (“City”), and Kjeldsen, Sinnock & Neudeck, Inc., a California corporation (“Consultant”). City and Consultant may herein be referred to individually as a “Party” and collectively as the “Parties”. There are no other parties to this Agreement.
RECITALS
A. City has issued a request for qualifications (“RFQ”) for on-call civil engineering services and determined that consultant services are required for the preparation of technical documents and program management services in connection with the Regional Recycled Water Project – Phase I (the “Project”).
B. Consultant has submitted a statement of qualifications and a proposed scope of services to City for proposed consultant services, attached hereto and described more fully in Exhibit A (“Services”).
C. Consultant represents that it is qualified, willing and able to provide the Services to City, and that it will perform Services related to the Project according to the rate schedule attached hereto and described more fully in Exhibit B (the “Rates”).
NOW, THEREFORE, in consideration of the promises and covenants set forth below, the Parties agree as follows:
AGREEMENT
1. Consulting Services. Consultant agrees, during the term of this Agreement, to perform the Services for City in connection with the Project. Any request for services in addition to the Services described in Exhibit A will be considered a request for additional consulting services and not compensated unless the Parties otherwise agree in writing. No subcontract shall be awarded or an outside consultant engaged by Consultant unless prior written approval is obtained from City.
2. Compensation. City shall pay Consultant according to the fee schedule set forth in the Rates, as full remuneration for the performance of the Services, with a total cost not to exceed $199,202.00 for the Services described in Exhibit A. Consultant agrees to maintain a log of time spent in connection with performing the Services. On a monthly basis, Consultant shall provide City, in reasonable and understandable detail, a description of the services rendered pursuant to the Services and in accordance with the Rates. If the work is satisfactorily completed, City shall pay such invoice within thirty (30) days of its receipt. If City disputes any portion of any invoice, City shall pay the undisputed portion within the time stated above, and at the same time advise Consultant in writing of the disputed portion.
ATTACHMENT 2
CONSULTANT SERVICES AGREEMENT
City of Riverbank and Kjeldsen, Sinnock & Neudeck, Inc.
3. Reimbursement. Reimbursable expenses related to travel, lodging, conference calls, reproduction and other costs incurred related to Consultant’s performance of the Services in accordance with the Rates with the total fee not to exceed that stipulated in Paragraph 2.
4. Confidential Information. Consultant understands and agrees that, in the performance of Services under this Agreement or in the contemplation thereof, Consultant may have access to private or confidential information that may be owned or controlled by City and that such information may contain proprietary or confidential details, the disclosure of which to third parties may be damaging to City (“Confidential Information”).
Consultant shall not, either during or after the Term, disclose to any third party any Confidential Information without the prior written consent of City. If City gives Consultant written authorization to make any such disclosure, Consultant shall do so only within the limits and to the extent of that authorization. Such authorization does not guarantee that the City will grant any further disclosure of Confidential Information. Consultant may be directed or advised by the City Attorney on various matters relating to the performance of the Services on the Project or on other matters pertaining to the Project, and in such event, Consultant agrees that it will treat all communications between itself, its employees and its subcontractors as being communications which are within the attorney-client privilege.
5. Term. This Agreement shall become effective on the Effective Date and will continue in effect until the Services provided herein have been completed, unless terminated earlier as provided in Section 6 or 7 below (the “Term”).
6. Termination. City may terminate this Agreement prior to the expiration of the Term (“Termination”), without cause or reason, by notifying Consultant in writing of City’s desire to terminate this Agreement (the “Termination Notice”). Upon receipt of a Termination Notice, Consultant shall immediately cease performing the Services. Consultant will be entitled to compensation, as of the date Consultant receives the Termination Notice, only for Services actually performed.
7. Termination for Cause. Notwithstanding Section 6 above, this Agreement may be terminated by City for cause based on the loss or suspension of any licenses, permits or registrations required for the continued provision of the Services, or Consultant’s malfeasance.
Termination of the Agreement for cause as set forth in this Section shall relieve City from compensating Consultant.
8. Performance by Key Employee. Consultant has represented to City that Neal Colwell will be the person primarily responsible for the performance of the Services and all communications related to the Services. City has entered into this Agreement in reliance on that representation by Consultant.
CONSULTANT SERVICES AGREEMENT
City of Riverbank and Kjeldsen, Sinnock & Neudeck, Inc.
9. Property of City. The following will be considered and will remain the property of City:
A. Documents. All reports, drawings, graphics, working papers and Confidential Information furnished by City in connection with the Services (“Documents”).
Nothing herein shall be interpreted as prohibiting or limiting City’s right to assign all or some of City’s interests in the Documents.
B. Data. All data collected by Consultant and produced in connection with the Services including, but not limited to, drawings, plans, specifications, models, flow diagrams, visual aids, calculations, and other materials (“Data”). Nothing herein shall be interpreted as prohibiting or limiting City’s right to assign all or some of City’s interests in the Data.
C. Delivery of Documents and Data. Consultant agrees, at its expense and in a timely manner, to return to City all Documents and Data upon the conclusion of the Term or in the event of Termination.
10. Duties of City. In order to permit Consultant to render the services required hereunder, City shall, at its expense and in a timely manner:
A. Provide such information as Consultant may reasonably require to undertake or perform the Services;
B. Promptly review any and all documents and materials submitted to City by Consultant in order to avoid unreasonable delays in Consultant’s performance of the Services; and C. Promptly notify Consultant of any fault or defect in the performance of Consultant’s services hereunder.
11. Representations of Consultant. City relies upon the following representations by Consultant in entering into this Agreement:
A. Qualifications. Consultant represents that it is qualified to perform the Services and that it possesses the necessary licenses, permits and registrations required to perform the Services or will obtain such licenses or permits prior to the time such licenses or permits are required. Consultant represents and warrants to City that Consultant shall, at Consultant’s sole cost and expense, keep in effect or obtain at all times during the Term of this Agreement, any licenses, permits, and registrations that are legally required for Consultant to practice Consultant's profession at the time the Services are rendered.
B. Consultant Performance. Consultant represents and warrants that all Services under this Agreement shall be performed in a professional manner and shall conform to the customs and standards of practice observed on similar, successfully completed projects by specialists in the Services to be provided. Consultant shall adhere to accepted professional standards as set forth by relevant professional associations and shall perform all Services required under this Agreement in a manner consistent with generally accepted professional customs,
CONSULTANT SERVICES AGREEMENT
City of Riverbank and Kjeldsen, Sinnock & Neudeck, Inc.
procedures and standards for such Services. All work or products completed by Consultant shall be completed using the best practices available for the profession and shall be free from any defects. Consultant agrees that, if a Service is not so performed, in addition to all of its obligations under this Agreement and at law, Consultant shall re-perform or replace unsatisfactory Service at no additional expense to City.
12. Compliance with Laws and Standards. Consultant shall insure compliance with all applicable federal, state, and local laws, ordinances, regulations and permits, including but not limited to federal, state, and county safety and health regulations. Consultant shall perform all work according to generally accepted standards within the industry. Consultant shall comply with all ordinances, laws, orders, rules, and regulations, including the administrative policies and guidelines of Client pertaining to the work.
13. Independent Contractor; Subcontracting. Consultant will employ, at its own expense, all personnel reasonably necessary to perform the Services. All acts of Consultant, its agents, officers, employees and all others acting on behalf of Consultant relating to this Agreement will be performed as independent contractors. Consultant, its agents and employees will represent and conduct themselves as independent contractors and not as employees of City. Consultant has no authority to bind or incur any obligation on behalf of City. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. Consultant is prohibited from subcontracting this Agreement or any part of it unless such subcontracting is expressly approved by City in writing.
14. Insurance. Consultant and all of Consultant’s contractors and subcontractors shall obtain and maintain insurance of the types and in the amounts described in this paragraph and its subparagraphs with carriers reasonably satisfactory to City.
A. General Liability Insurance. Consultant shall maintain occurrence version commercial general liability insurance or an equivalent form with a limit of not less than Two Million Dollars ($2,000,000) per claim and Two Million Dollars ($2,000,000) for each occurrence.
B. Workers’ Compensation Insurance. Consultant shall carry workers’ compensation insurance as required by the State of California under the Labor Code. Consultant shall also carry employer’s liability insurance in the amount of One Million Dollars ($1,000,000.00) per accident, with a One Million Dollar ($1,000,000.00) policy limit for bodily injury by disease, and a One Million Dollar ($1,000,000.00) limit for each employee’s bodily injury by disease.
C. Errors and Omissions Liability. Consultant shall carry errors and omissions liability insurance in the amount of no less than One Million Dollars ($1,000,000.00) per occurrence or greater if appropriate for the Consultant's profession. Architects and engineers coverage is to be endorsed to include contractual liability. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the
CONSULTANT SERVICES AGREEMENT
City of Riverbank and Kjeldsen, Sinnock & Neudeck, Inc.
insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, elected and appointed councils, commissions, directors, officers, employees, agents, and representatives (“City’s Agents”); or the Consultant shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claims administration and defense expenses.
D. Other Insurance Requirements. Within five (5) days of the Effective Date, Consultant shall provide City with certificates of insurance for all of the policies required under this Agreement (“Certificates”), excluding the required worker’s compensation insurance.
Such Certificates shall be kept current for the Term of the Agreement and Consultant shall be responsible for providing updated copies and notifying City if a policy is cancelled, suspended, reduced, or voided. With the exception of the worker’s compensation insurance, all of the insurance policies required in this Agreement shall: (a) provide that the policy will not be cancelled, allowed to expire, or materially reduced in coverage without at least thirty (30) days’ prior written notice to City of such cancellation, expiration, or reduction and each policy shall be endorsed to state such; (b) name City, and City’s Agents as additional insureds with respect to liability arising out of Services, work or operations performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied, or used by the Consultant, or automobiles owned, leased, or hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City; (c) be primary with respect to any insurance or self-insurance programs covering City or City’s Agents and any insurance or self-insurance maintained by City or City’s Agents shall be in excess of Consultant’s insurance and shall not contribute to it; (d) contain standard separation of insured provisions; and (e) state that any failure to comply with reporting or other provisions of the policy including breaches of warranties shall not affect the coverage provided to the City.
15. Indemnification. Consultant hereby agrees to indemnify and hold harmless City, its agents, officers, employees and volunteers, against all liability, obligations, claims, loss, and expense (a) caused or created by Consultant, its subcontractors, or the agents or employees of either, whether negligent or not, pertaining to or related to acts or omissions of Consultant in connection with the Services, or (b) arising out of injuries suffered or allegedly suffered by employees of Consultant or its subcontractors (i) in the course of their employment, (ii) in the performance of work hereunder, or (iii) upon premises owned or controlled by City. Consultant’s obligation to defend, indemnify and hold City and its agents, officers, employees and volunteers harmless is not terminated by any requirement in this Agreement for Consultant to procure and maintain a policy of insurance.
16. Consequential Damages. Notwithstanding any other provision of this Agreement, in no event shall City be liable, regardless of whether any claim is based on contract or tort, for any special, consequential, indirect or incidental damages, including, but not limited to, lost profits or revenue, arising out of or in connection with this Agreement or the Services performed in connection with this Agreement.
17. Litigation. In the event that either Party brings an action under this Agreement for the breach or enforcement hereof, or must incur any collection expenses for any amounts due
CONSULTANT SERVICES AGREEMENT
City of Riverbank and Kjeldsen, Sinnock & Neudeck, Inc.
hereunder the prevailing Party in such action shall be entitled to its costs including reasonable attorney’s fees, whether or not such action is prosecuted to judgment.
18. Notices. Any notice or communication required hereunder between City or Consultant must be in writing, and may be given either personally, by registered or certified mail (return receipt requested), or by Federal Express, UPS or other similar couriers providing overnight delivery. If personally delivered, a notice shall be deemed to have been given when delivered to the Party to whom it is addressed. Notices given by registered or certified mail shall be deemed to have been given and received on the first to occur of (a) actual receipt by any of the addressees designated below as the party to whom notices are to be sent, (b) on the date delivered as shown on a receipt issued by the courier, or (c) five (5) days after a registered or certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail. If given by Federal Express or similar courier, a notice or communication shall be deemed to have been given and received on the date delivered as shown on a receipt issued by the courier. Any Party hereto may at any time, by giving ten (10) days written notice to the other Party hereto, designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the Parties at the addresses in this paragraph set forth below:
If to City: City of Riverbank
6707 Third Street
Riverbank, CA 95367
Attn: City Clerk
With courtesy copies to: City of Riverbank
6707 Third Street
Riverbank, CA 95367
Attn: City Manager
And to: Churchwell White LLP
1414 K Street, 3rd Floor
Sacramento, California 95814
Attention: Douglas L. White, Esq.
If to Consultant: Kjeldsen, Sinnock & Neudeck, Inc.
711 North Pershing Ave.
Stockton, CA 95203
Attention: Neal Colwell
19. General Provisions.
A. Modification. No alteration, modification, or termination of this Agreement shall be valid unless made in writing and executed by all Parties.
CONSULTANT SERVICES AGREEMENT
City of Riverbank and Kjeldsen, Sinnock & Neudeck, Inc.
B. Waiver. The waiver by any Party of a breach of any provision hereof shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breach hereof unless specifically stated in writing.
C. Assignment. No Party shall assign, transfer, or otherwise dispose of this Agreement in whole or in part to any individual, firm, or corporation without the prior written consent of the other Party. Subject to the forgoing provisions, this Agreement shall be binding upon, and inure to the benefit of, the respective successors and assigns of the Parties.
D. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the state of California.
E. Venue. Venue for all legal proceedings shall be in the Superior Court of California for the County of Stanislaus.
F. Partial Invalidity. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
G. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall constitute an original and all of which shall be deemed a single agreement.
H. Severability. If any term, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid, the remainder of this Agreement shall remain in effect.
I. Audit. City shall have access at all reasonable times to all reports, contract records, contract documents, contract files, and personnel necessary to audit and verify Consultant’s charges to City under this Agreement.
J. Entire Agreement. This Agreement sets forth the entire understanding between the Parties as to the subject matter of this Agreement and merges all prior discussions, negotiations, proposal letters or other promises, whether oral or in writing.
K. Headings Not Controlling. Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement.
L. Time is of the Essence. Time is of the essence in this Agreement for each covenant and term of a condition herein.
CONSULTANT SERVICES AGREEMENT
City of Riverbank and Kjeldsen, Sinnock & Neudeck, Inc.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the last day and date below written.
CITY:
CITY OF RIVERBANK, a California
municipal corporation
By:
Marisela H. Garcia, City Manager
Date:
CONSULTANT:
Kjeldsen, Sinnock & Neudeck, Inc., a
California corporation
By:
Name:
Date:
Approved as to Form:
Tom Hallinan, City Attorney
EXHIBIT A
Services
EXHIBIT B
Rate Schedule
P a g e 1 City of Riverbank
Regional Recycled Water Program
30% Design Phase Program Management and
Project Permitting Support
Scope of Services
City of Riverbank
Regional Recycled Water Program
30% Design Phase Program Management and Project Permitting Support April 17, 2023
Project Background and Understanding
The City of Riverbank has successfully completed preparation of 15% design documents, environmental documents, and adopted revised rates to support proceeding with the Regional Recycled Water Program.
To support this applications for financial assistance have been submitted to FEMA and the State Water Resources Control Board. Also, the City is currently negotiating the 30% design scope with the firm selected for preparing detailed design. This proposed scope of services has been prepared to support the City with ongoing Program Management through the 30% design phase as well as to prepare certain permit documents and support further financial assistance applications and application follow-up.
As a continuation of the Program Management KSN has provided the City during the preliminary design phase, we are proposing continue technical support to the City in the following areas, as described in more detail below:
1. Program management and project coordination to include coordination with the City’s selected design consultant (Design Consultant), peer review of the design consultant’s design documents, and coordination with recycled water users in development of user agreements.
2. Permit document preparation and support including preparing a Report of Waste Discharge for the facilities modifications, a Notice of Intent for coverage under the Water Reclamation General Order, a Title 22 Engineering Report for the production and use of recycled water,
3. Financial security package to include details regarding the level of financial support requested, City financial information and commitment (including sewer rate study) to pay for debt service at the scale of project the City can accommodate and associated attachments F1 through F12 as applicable.
We are proposing to provide these services under our City of Riverbank City Utility Engineering Agreement dated January 12, 2022.
Scope of Services
To support this effort and objective of having a complete application by December 31, 2022, this scope of services proposed to provide Program Management, management of environmental and financial consultants, and to provide preliminary design engineering services to refine the project scope and budget concurrent with environmental and financial report preparation. The specific scope of services proposed is as follows.
TASK 1 – PROGRAM MANAGEMENT AND PROJECT COORDINATION
This task is proposed to provide the City with overall program management during 2022 to include coordination with the City, selected consultants, communication with funding agencies, and preparation of progress reports and updated as detailed in the below sub-tasks.
ATTACHMENT 3
P a g e 2 City of Riverbank
Regional Recycled Water Program
30% Design Phase Program Management and
Project Permitting Support
Task 1.01 – Project Coordination and Meetings
KSN will provide project coordination and coordinate and attend meetings as necessary to manage progress. Under this task, KSN proposes to serve as the City’s point of contact with the Design Consultant for coordinating design progress and coordinating input from the City on design deliverables. This task is expected to have an overall duration of no more than 12 months. This task includes:
1. Coordinate with Design Consultant and City on kickoff and progress meetings, to include:
o Kickoff meeting (expected to be a 3-hour meeting at City offices) o Teleconference meeting scheduled every two months
o Review and comment on Design Consultants’ agendas and meeting minutes o Attend meetings to support City input to design process o Three technical evaluation workshops
o Three Basis of Design Report and 30% Plan review workshops
2. Design Consultant coordination is expected to include:
o Regular communication and coordination with the Design Consultant and coordination with City staff as needed
o Review of Design Consultant’s Project Management Plan o Preliminary review of Design Consultant’s monthly progress invoicing o Review of Design Consultant’s progress under proposed schedule o Review and comment on monthly action item and decision logs o Review of Design Consultant’s requests for additional services o Reporting to City staff on project progress, status, challenges, and potential additional services requests
3. KSN’s internal team management and coordination and monthly reporting to the City on progress of other Program Management activities.
Task 1.02 – Technical Evaluation and Design Peer Review On behalf of the City, the KSN design team will provide peer review of the Design Consultants technical evaluation studies and design documents. This peer review will consist of review of Design Consultant deliverables utilizing a Bluebeam Revu format. The KSN team will prepare and manage the Bluebeam Revu platform for input from the Design Consultant and for coordination of City design review comments.
Review sessions and documents are expected to include the following:
1. Electronic base mapping produced from topographic, boundary, and structure survey
2. Draft geotechnical report
3. Draft sludge characterization report
4. Draft drainage report
5. Technical input during workshops to review grit removal, mechanical aeration, solids, site drainage, and tertiary filtration
6. Architectural program
7. Draft BODR and 30% Design Plans
8. 30% Opinion of Probable Construction Cost
Bluebeam Revu will be used to track and close out review comments.
P a g e 3 City of Riverbank
Regional Recycled Water Program
30% Design Phase Program Management and
Project Permitting Support
Task 1.03 – Recycled Water User Coordination and Agreement Development During the planning and preliminary design phases two growers were identified and expressed interest in receiving recycled water from the proposed project. We understand that the City is interested in developing design and tentative agreements with each of these growers for potential use of recycled water in the future. As an element of KSN’s Program Management, we propose to continue to assist the City in coordinating with these two growers to develop their involvement in the project’s design and ultimate use.
This support will include development of draft recycled water use agreements (in concert with the City’s legal counsel) and communicating design details through the 30% design with the potential recycled water users. Our proposed effort includes reviewing draft design documents and right-of-way needs with the two landowner representatives to garner concept approval and tentative agreement on recycled water use terms.
TASK 2 – PERMIT DOCUMENT PREPARATION AND SUPPORT
KSN proposes to support the City in preparing and coordinating certain project permits, which will be necessary for final project approval. Permit document preparation, as described in more detail below, is proposed to include the Report of Waste Discharge for the wastewater treatment facilities improvements, a Notice of Intent for coverage under Order WQ 2016-0068-DDW and the associated recycled water administrative program document, the Title 22 Engineering report for production and use of recycled water, and support in making application for certain encroachment permits.
Task 2.01 – Report of Waste Discharge
The proposed changes to the Riverbank WWTP treatment process require renewal of the Waste Discharge Requirements (WDRs) and submittal of a Report of Waste Discharge (RoWD). As part of KSN’s Program Management services, we are proposing to prepare the RoWD and manage the WDR renewal process with the Regional Water Quality Control Board. Technical documents will be prepared in coordination with the advancement of the project design to the 30% level of detail and will incorporate technical analysis completed during the project study and preliminary design phases. This sub-task will include the following activities:
Preparation of Form 200 for City execution.
Preparation of the RoWD technical support document consistent with the Technical Information for a Report of Waste Discharge to Land in WDR Program guidance document issued by the Regional Board.
Technical information to support the CV Salts Central Valley-Wide Salt and Nitrate Control Program including:
• Document Salt Control Program compliance via the P&O Study Alternative pathway • Documentation to support an Individual Permitting Approach (Path A) for Nitrate Control, utilizing existing groundwater monitoring data (including support from Stantec on date evaluation and presentation) and based on achieving a Category 1 discharge basis as a result of proposed treatment facilities improvements and nitrogen control Preparation of the technical support document in draft form for City review and preparation of the final technical support document for submittal to the Regional Water Quality Control Board. Submittal of RoWD-required documents to the Regional Board including:
• Completed Form 200
• Final Technical Support Document, and Salt and Nitrate technical information P a g e 4 City of Riverbank
Regional Recycled Water Program
30% Design Phase Program Management and
Project Permitting Support
• Approved CEQA documents
• Compiled additional available background data
Review of RoWD with Regional Board printing staff and preparation of up to three supplemental information submittals to clarify or address additional information requests of Regional Board staff Review of draft and tentative Waste Discharge Requirements and Monitoring and Reporting Program with compilation of City comments
Attendance at WDR hearing if needed and requested by the City Task Deliverables:
1. Form 200
2. Draft and final technical support documents in PDF format Task 2.02 – Notice of Intent for Coverage under Order WQ 2016-0068-DDW The recycled water delivery and use operations are expected to be covered under the statewide Water Reclamation Requirements for Recycled Water Use Order WQ 2016-0068-DDW and therefore preparation and submittal of a Notice of Intent (NOI) for coverage under this Order is required. Under this task, KSN will prepare the NOI per the Order requirements to include:
Form 200 or other Regional Board NOI forms
Water Recycling Program Technical Report, per Attachment A of the Order (with additional documents or information prepared under Tasks 1.03, 2.01, 2.03, and 2.04) Submittal of NOI-required documents to the Regional Board including:
• Completed Form 200 or other NOI form
• Final Water Recycling Program Technical Report
• Approved CEQA documents
• Compiled additional available background data
Review of NOI with Regional Board printing staff and preparation of up to two supplemental information submittals to clarify or address additional information requests of Regional Board staff. Review of draft and Notice of Applicability with compilation of City comments Task Deliverable:
1. Form 200 or other Regional Board NOI form
2. Draft and final Water Recycling Program Technical Report in PDF format Task 2.03 – Draft Recycled Water Administration Program To support the NOI for coverage under the Recycled Water Order, KSN will prepare a draft Recycled Water Administration Program. The administration program will address the administrator requirements of the Recycled Water Order and will include:
Riverbank Recycled Water Program Rules and Regulations Recycled water program implementation plan
Recycled water use areas and use area expansion provisions Integration of requirements of the Recycled Water General Order, including prohibitions, specifications, and general provisions
Recycled water user fees and charges (based on fees adopted by the City) Template user agreement
P a g e 5 City of Riverbank
Regional Recycled Water Program
30% Design Phase Program Management and
Project Permitting Support
Instructions and guidelines for recycled water application, use, monitoring and reporting, and emergency response
The Recycled Water Administration Program will be included with the NOI submittal.
Task Deliverable:
1. Draft and final Recycled Water Administration Program in PDF format Task 2.04 – Title 22 Engineering Report
Permitting of the recycled water program is subject to approval of an Engineering Report prepared pursuant to Section 60323 of Title 22 of the California Code of Regulations (Title 22 Engineering Report). To support development of the City’s project and permitting under the NOI, KSN will prepare a Title 22 Engineering Report consistent with the requirements of Title 22 and coordinated with the basis of design of the City’s Design Consultant. The Title 22 Engineering Report will also be prepared to support preparation of the NOI and Recycled Water Administration Program. This task includes coordinating with the Division of Drinking Water on report review and approval and includes:
Preparation of the Title 22 Engineering Report (including one draft for City review) to include:
• Recycled water production means of compliance with applicable provisions of Title 22 • Recycled water delivery and use means of compliance with Title 22 • Contingency plan
• Operational requirements for conformance with Title 22 The draft Title 22 Engineering Report, with other relevant background information developed under other tasks, for submittal to the Division of Drinking Water of the State Water Resources Control Board (DDW)
Preparation of up to two Title 22 Engineering Report revisions to address questions and comments from DDW
Task Deliverable:
1. Draft and final Title 22 Engineering Report
Task 2.05 – Encroachment Permitting Support
Elements of the recycled water program facilities are expected to be subject to encroachment permitting with regional and local entities. As part of KSN’s Program Management services we propose to initiate the encroachment permitting process for the following entities:
San Joaquin County Public Works Department for recycled water pipelines in the Santa Fe Road and right-of-way for the Santa Fe Road bridge over the Stanislaus River. Union Pacific Railroad (with support from RailPros as a subconsultant to KSN) for pipeline crossing under the trestle or near the trestle abutment crossing the Stanislaus River.
Encroachment permitting will utilize design information prepared by the City’s Design Consultant with communication and coordination provided by KSN. Encroachment permitting will consist of preparing and submitting preliminary encroachment permit applications and providing follow-up communication and coordination with the permitting entities.
Task Deliverable:
1. Preliminary San Joaquin County encroachment permit application submittal.
P a g e 6 City of Riverbank
Regional Recycled Water Program
30% Design Phase Program Management and
Project Permitting Support
2. Preliminary Union Pacific Railroad encroachment permit application submittal.
TASK 3 – FINANCIAL ASSISTANCE SUPPORT
During the preliminary design phase applications were submitted to the State Water Resources Control Board (SWRCB) and FEMA for financial assistance on the City’s project. Effort previously identified for making applications for financial assistance from the EPA and US Bureau of Reclamation was directed at submitting the FEMA application. Under this task, KSN proposes to provide follow-up financial assistance application support to the City for submitted applications and for new applications as described below.
Task 3.01 – As Needed FEMA and SWRCB Application Follow-up On an as-needed basis, KSN proposes a budget to provide follow-up on the applications to FEMA and the SWRCB as the City’s applications are considered and/or provisionally approved for funding. This support is expected to include:
Communication with SWRCB and CalOES/FEMA representatives on information needs and application status
Follow-up technical information
Schedule updates
Management of grant funding documents and reports
This follow-up is proposed at an initial 40 hour budget.
Task 3.02 – Prepare EPA WIFIA Application Documents
KSN will prepare application documents to obtain additional financial support through the United States Environmental Protection Agency Water Infrastructure Finance and Innovation Act (WIFIA) program.
This task includes preparing the following supplemental documents to support application for financial assistance under WIFIA:
1. Preparation of the WIFIA Letter of Interest Form (with relevant information provided by the City)
2. Review of the 2022 or 2023 WIFIA Letter of Interest Checklist and coordination of documents with environmental and rate and financial consultants
3. WIFIA Letter of Interest attachments as prepared from existing information This task does not include providing supplemental WIFIA application documents beyond WIFIA eligibility determinations as a result of submittal of the above documents.
Task Deliverables: WIFIA Letter of Interest Form and technical attachments Task 3.03 – Prepare USBR Title XVI Documents (Provisional Task) As a provisional task, if the City is not successful in garnering federal assistance under the FEMA BRIC program, a feasibility study report will be prepared to support application to the United States Bureau of Reclamation Title XVI program for water recycling.
This task includes preparing the following supplemental documents to support application for financial assistance under Title XVI:
P a g e 7 City of Riverbank
Regional Recycled Water Program
30% Design Phase Program Management and
Project Permitting Support
1. Preparation of current Recycled Water Production and Use studies and Preliminary Design Report into a single report to follow the USBR Title XVI Feasibility Study Report guidelines.
2. Submittal of Feasibility Study Report to USBR for review and determination of eligibility of project for funding.
This task does not include providing supplemental Title XVI application documents beyond Title XVI eligibility determinations as a result of submittal of the above documents.
Task Deliverables: Updated Feasibility Study Report (prepared in electronic format) Additional Scope Understandings and Assumptions
Our proposed scope of services and budget are based on the following additional limitations, assumptions, and understandings:
1. Services beyond those described above are excluded.
2. Application and permit fees will be paid directly by the City.
3. Documents and historical analysis will be utilized to prepare the documents under this scope to the extent practicable.
4. KSN’s preparation of technical documents will be coordinated with, but also dependent on, the results of the City’s Design Consultant’s work product.
5. If permit renewal or negotiations become protracted, KSN may request additional budget authorization.
6. Financial assistance applications and follow-up will be consistent with work product from prior engineering studies and are assumed to not require re-imagination or re-scoping of the City’s project.
Date Prepared: 4/17/2023 Page 1 of 1
Principal Engineer
Senior Engineer
Engineer II
Junior Engineer
Grant Manager
Tech/GIS/ CAD II
Admin II
Direct Expense
Mileage
Expense
Sub Consultant
$281 $222 $202 $156 $165 $138 $101 110% 0.655 110%
1.0 Program Management and Project Coordination 88 8 80 8 4 18 206 $ 46,282 $ 83 $ 1,258 $ 11,000 $ 12,340 $ 58,622
1.01 Project Coordination and Meetings (12 months) 56 56 16 128 $28,664 $838 $838 $29,502
1.02 Technical Evaluations and Design Peer Review 16 8168 4 52 $11,304 $11,000 $11,000 $22,304
1.03 Recycled Water User Coordination and Agreement Development 16 8 2 26 $6,314 $83 $419 $502 $6,816
2.0 Permit Document Preparation and Support 68 8 120 200 92 18 506 $ 90,838 $ - $ - $ 16,500 $ 16,500 $ 107,338
2.01 Report of Waste Discharge 24 40 64 28 6 162 $29,278 $5,500 $5,500 $34,778
2.02 Notice of Intent for Coverage under Order WQ 2016-0068-DDW 8 24 40 8 2 82 $14,642 $14,6422.03 Draft Recycled Water Administration Program 16 24 40 32 4 116 $20,404 $20,404
2.04 Title 22 Engineering Report 16 24 40 16 4 100 $18,196 $18,196
2.05 Encroachment Permitting Support 4 8 8 16 8 2 46 $8,318 $11,000 $11,000 $19,318
3.0 Financial Assistance Support 32 48 32 40 20 2 174 $ 33,242 $ - $ - $ - $ - $ 33,242
3.01 As Needed FEMA and SWRCB Application Follow-up 81616 40 $8,120 $8,1203.02 Prepare EPA WIFIA Application Documents 8 8 16 16 4 52 $9,552 $9,552
3.03 Prepare USBR Title XVI Documents 16 24 16 8 16 2 82 $15,570 $15,570 188 16 248 240 40 116 38 886 $ 170,362 $ 83 $ 1,258 $ 27,500 $ 28,840 $ 199,202 Other Direct
Costs Budget
Total Budget
(Rounded)
City of Riverbank
Recycled Water Program 30% Design Phase Program Management and Project Permitting Support TASK HOURS BREAKDOWN & FEE ESTIMATE - April 16, 2023
General Note: This costs allocation represents our best estimate at this time and may change subject to future developments during the project. It is possible that some of the estimated manpower requirements for specific task items may increase while others may not require the entire anticipated effort. Charges to this project will be made for actual time spent on the project and will be charged as per the attached Fee Schedule.
PROJECT TOTALS
TASKS AND DESCRIPTIONS
KJELDSEN, SINNOCK & NEUDECK, INC. STAFF HOURS
Total
Labor
Hours
Total Labor
Budget
Rates
OTHER DIRECT COSTS