HomeMy WebLinkAbout7/20/2011 - STAFF REPORTS - 2.K. ,O,?ALM Sp9
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c'4<1FOIL % City Council Staff Report
Date: July 20, 2011 CONSENT CALENDAR
Subject: APPROVAL OF AMENDMENT NO. 11 TO THE AMENDED AND
RESTATED WASTEWATER SERVICES AGREEMENT (AGREEMENT
NO. 4123) WITH VEOLIA WEST OPERATING SERVICES, INC.
(FORMERLY VEOLIA WATER NORTH AMERICA-WEST, LLC)
From: David H. Ready, City Manager
Initiated by: Public Works and Engineering Department
SUMMARY
Agreement No. 4123 with Veolia West Operating Services, Inc., ("Veolia"), provides the
City with turn-key operation and maintenance of the City's sanitary sewer system. An
amendment to the current agreement is recommended to add services related to
providing a Recycled Water Site Supervisor for operation and maintenance of the
recycled water systems to be used at the new Animal Shelter.
RECOMMENDATION:
1) Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR.
THE 2011/2012 FISCAL YEAR'; and
2) Approve Amendment No. 11 to the Amended and Restated Wastewater Services
Agreement (Agreement No. 4123) with Veolia West Operating Services, Inc.
(formerly Veolia Water North America-West, LLC); and
3) Authorize the City Manager to execute all necessary documents.
STAFF ANALYSIS:
On June 21, 2006, City Council approved the Amended and Restated Wastewater
Services Agreement (Agreement No. 4123) with Veolia West Operating Services, Inc.
(formerly Veolia Water North America-West, LLC) ("Veolia"). The Agreement provides
the City with operation and maintenance of the City's sanitary sewer collection system
and its wastewater treatment plant, as well as to provide the City with a variety of
associated programs (such as the Fats, Oils and Grease [FOG] pollution control
ITEM NO. ��'
City Council Staff Report
July 20, 2011 - Page 2
Amendment 11 of Wastewater Services Agreement No.4123
program, stormwater quality program, and sewer system management plan). The
Agreement was a restatement of an original agreement with Veolia (at that time known
as U.S. Filter) approved July 28, 1999.
The new Animal Shelter to be operated by the City will be the first dual-plumbed facility
in all of Riverside County. The use of recycled water within the Animal Shelter is
regulated by the California Department of Public Health ("DPH"). In order to receive
permitted status from DPH the new Animal Shelter must be constructed under rigid
standards to ensure that there is no possibility of a cross connection between the
reclaimed and potable water systems. The DPH also requires that the City comply with
the following standards:
The City will provide appropriate training for all staff and volunteers of the Animal Care
Facility in the correct operations and use of the proposed recycle water system,
procedures for use of the SMT wash-down system, and the facilities other uses of
recycled water. . Only trained staff and volunteers will be allowed to operate the SMT
kennel wash-down system. The public shall be restricted from access to the SMT water
supply and shall not be present when the system is in operation.
In addition to well trained staff required to operate the Animal Care Facility recycle water
systems, the City must also appoint a Recycled Water Site Supervisor, described by
DPH as follows:
The City will appoint a Recycled Water Supervisor at the facility who will obtain training
and certification on the operational practices of recycled water. The site supervisor's
contact information will be provided to the DPH and the Desert Water Agency (DWA) for
emergency purposes.
The City desires to out-source this function to Veolia, whereby Veolia shall provide all
services associated with assigning a Recycled Water Site Supervisor for the Animal
Shelter.
FISCAL IMPACT:
The 2011/2012 fiscal budget did not anticipate the need for a Recycled Water Site
Supervisor assigned to the Animal Shelter, as required by the California Department of
Public Health. In order to obtain required permitting for the Animal Shelter by the state,
a Recycled Water Site Supervisor must be assigned. It is staffs recommendation that
Veolia furnish the staff to satisfy the state's requirements.
The compensation for these services has been established on a "Time & Material"
basis, at the hourly rate of $65 for a maximum of 60 hours per month, equivalent to
$46,800 annually. In addition, an annual materials and supply budget of $6,000 is
included to allow Veolia to be compensated for miscellaneous parts and repairs that
may be necessary in operating and maintaining the recycled water systems at the
02
City Council Staff Report
July 20, 2011 -Page 3
Amendment 11 of Wastewater Services Agreement No. 4123
Animal Shelter. The total maximum budget for providing these services is being
established at $52,800.
The services being added to Veolia's contract related to the Recycled Water Site
Supervisor for the Animal Shelter are not associated with operation and maintenance of
the wastewater treatment plant or sanitary system. Therefore, wastewater funds cannot
be used to compensate Veolia for these services.
It will be necessary to amend the 2011/2012 fiscal year budget to increase the budget
for contractual services related to the Animal Shelter, using General Fund balance.
With adoption of the budget amendment, sufficient funds will be available in account
001-3304-43200 (Contractual Services).
SUBMITTED:
Prepared by: Recommended by:
/ku�t tA4 4��- �&'
Marcus L. Fuller David J. Barakian
Assistant Director of Public Works Director of Public Works/City Engineer
Approved by:
Thomas J. Wilso , Asst. City Manager G�David H. Ready/city Manager
ATTACHMENTS: 7
1. Contract Amendment
2. Resolution
03
AMENDMENT NO. 11 TO THE AMENDED AND RESTATED AGREEMENT NO. 4123
WITH VEOLIA WEST OPERATING SERVICES, INC.
(FORMERLY VEOLIA WATER NORTH AMERICA-WEST, LLC)
WASTEWATER SERVICES (OPERATIONS AND MAINTENANCE)
The following articles of Agreement No. 4123 are hereby amended as follows:
1. Section 5.2 Veolia Scope of Services. —The following sub-section (cc) shall be added, as
follows:
(cc) Animal Shelter Recycled Water Supervisor Services. Veolia shall provide
recycled water supervisor services for administering and coordinating activities related to
operation and maintenance of plumbing facilities and irrigation systems using recycled water
within the Animal Shelter (as generally required by the California Department of Public
Health) as specifically set forth on Schedule GG. City shall pay Veolia for the cost of such
services pursuant to the schedule of compensation identified on Schedule GG.
2. Section 7.1 Fees.—The following sub-section (i)shall be added, as follows:
(i) Animal Shelter Recycled Water Supervisor Services. The City shall pay Veolia for the
cost of Veolia providing recycled water supervisor services for administering and
coordinating activities related to operation and maintenance of plumbing facilities and
irrigation systems using recycled water within the Animal Shelter, as identified on Schedule
GG, pursuant to the schedule of compensation identified on Schedule GG.
3. List of Schedules—The following shall be identified on the List of Schedules:
GG Animal Shelter Recycled Water Supervisor Services
4. Schedule GG, attached to and made a part of this Amendment No. 11, shall be added.
Purchase Order Number(s): 816110
Agreement Number: 4123
Original City Council Approval: June 21, 2006
Original M.O. Number: 7883
Original Contract Amount: $ 2,815,853.00 + certain pass through/cost plus expenses
Amount of Previous Increase(s) $ 409,303.00 (includes prior automatic CIP increases)
Amount of This Increase $ 52,800.00
Amended Total: $ 3,277,956.00 + certain pass through/cost plus expenses
Account Number: 001-3304-43200 (this $46,800 increase)
SIGNATURES ON LAST PAGE
04
Except as specifically amended by this Amendment No. 11, all terms and provisions of
Agreement No. 4123 shall remain in full force and effect.
ATTEST: CITY OF PALM SPRINGS,
a California charter city
By: By:
City Clerk City Manager
APPROVED AS TO FORM:
By:
City Attorney
VEOLIA WEST OPERATING SERVICES, INC.
CONTRACTOR: Check one:_Individual_Partnership X Corporation
Corporations require two notarized signatures: One signature must be from the Chairman of Board, President or any Vice
President. The second signature must be from the Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief
Financial Officer).
By: By:
Notarized Signature of Chairman of Board, Notarized Signature Secretary,Asst Secretary,
President or any Vice President Treasurer,Asst treasurer or Chief Financial Officer
Name: Name:
Title: Title: ll
State of � State of
ll f
County of !ss County of )as
On before me, On before me,
personally appeared personally appeared
who proved to me on the basis of satisfactory evidence)to be who proved to me on the basis of satisfactory evidence)to be
the person(s)whose name(s) is/are subscribed to the within the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) person(s), or the entity upon behalf of which the person(s)
acted,executed the instrument. acted,executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the I certify under PENALTY OF PERJURY under the laws of the
State of California that the foregoing paragraph is true and State of California that the foregoing paragraph is true and
correct. correct
WITNESS my hand and official seal. WITNESS my hand and offidal seal.
Notary Signature: Notary Signature:
Notary Seal: Notary Seal:
05
SCHEDULE GG
ANIMAL SHELTER RECYCLED WATER SUPERVISOR SERVICES
Background
The new Animal Shelter to be operated by the City will be the first dual-plumbed facility in all of
Riverside County. The use of recycled water within the Animal Shelter is regulated by the
California Department of Public Health ("DPH"). In order to receive permitted status from DPH
the new Animal Shelter must be constructed under rigid standards to ensure that there is no
possibility of a cross connection between the reclaimed and potable water systems. The DPH
also requires that the City comply with the following standards:
The City will provide appropriate training for all staff and volunteers of the Animal Care
Facility in the correct operations and use of the proposed recycle water system,
procedures for use of the SMT wash-down system, and the facilities other uses of
recycled water. Only trained staff and volunteers will be allowed to operate the SMT
kennel wash-down system. The public shall be restricted from access to the SMT water
supply and shall not be present when the system is in operation.
In addition to the well trained staff to operate the Animal Care Facility recycle water systems,
the City must also appoint a Recycled Water Site Supervisor, described by DPH as follows:
The City will appoint a Recycled Water Supervisor at the facility who will obtain training
and certification on the operational practices of recycled water. The site supervisor's
contact information will be provided to the DPH and the Desert Water Agency(DWA) for
emergency purposes.
The City desires to out-source this function to Veolia, whereby Veolia shall provide all services
associated with assigning a Recycled Water Site Supervisor for the Animal Shelter, as outlined
herein this Schedule GG.
Services
Veolia shall provide a qualified person, who has obtained training and certification in the
operational uses of recycled water, to perform the duties of the Recycled Water Site Supervisor
for operation and maintenance of recycled water facilities at the Animal Shelter.
The Recycled Water Site Supervisor shall be responsible for the following:
• Using recycled water in accordance with the DWA, DPH and RWQCB requirements and
preventing potential violations of those guidelines; including required start-up, cross-
connection and backflow prevention testing.
• Maintain copies of applicable permits on-site.
• Using Best Management Practices to eliminate irrigation runoff, overspray and ponding.
• Operating, repairing, maintaining and monitoring the recycled water system to minimize
failure of equipment and materials.
• Knowing the basic concepts of backflow and cross-connection prevention, system testing
and related emergency procedures.
• Ensuring that there are not cross-connections made between the drinking and recycled
water systems.
• Being present at all cross-connection testing.
• Taking action to contain any unauthorized discharges of recycled water.
GG-1
06
SCHEDULE GG
ANIMAL SHELTER RECYCLED WATER SUPERVISOR SERVICES
• Educating all maintenance personnel and volunteers on the proper use of recycled water
and reminding them that it is not approved for drinking, washing or cooking.
• Notifying DWA immediately in the event of any recycled water line break, spill, unauthorized
discharge, cross-connection, fluctuation in piping system pressure, major change in water
quality or any other failures, violations and emergencies that occur involving the recycled or
drinking water systems.
• Notifying DWA of any signs designating landscape areas being irrigated with recycled water
that need to be replaced.
• Notifying the DWA of any change in ownership of the property.
• Obtaining prior approval from the DWA for all proposed changes and modifications to any
on-site reclaimed water facilities.
• Knowing the provisions contained in California Code of Regulations Title 17 and Title 22,
relating to the safe use of recycled water and the maintenance of accurate records.
• Maintaining as-built drawings as well as user manuals for mechanical equipment, record of
repairs, system upgrades, types and quantities of materials utilized in the irrigation system,
employee training records, and all related permit documents.
Schedule of Compensation
Animal Shelter Recycled Water Supervisor Services — Compensation shall be established at
$46,800 per year or $3,900 per month, prorated for eleven (11) months for services initiated in
the 2011/2012 fiscal year on August 1, 2011, at$42,900 annually.
The annual maximum fee shall be compensated on a "Time and Materials" basis, based on the
following criteria:
• Veolia shall provide one employee to perform the duties of the "Reclaimed Water Site
Supervisor" (described above) on a "part-time, as needed basis", up to a limit of 60 hours
per month, at a rate of$65.00 per hour for normal working hours of from 8:00 am to 5:00 pm
Monday through Friday. If the Reclaimed Water Site Supervisor is required to respond
during hours of the day or days of the week outside of normal working hours, the rate will be
$80.00 per hour portal to portal for a minimum of 3 hours. These charges shall appear on
Veolia's monthly invoice to the City, with a summary of hours worked and the duties
performed.
• The hourly rate of compensation shall include providing a Reclaimed Water Site Supervisor
with all necessary personal protective equipment, uniforms and a cell phone.
Annual Fee Adjustments —The compensation initially established at $46,800 per year identified
herein above shall be subject to an annual adjustment in the same manner and subject to the
same limitations for Veolia's "O&M Fixed Component" pursuant to Section 7.2 of the
Agreement.
Parts. Materials and Supplies Operating Budget — In addition to the annual compensation, an
annual operating budget shall be established each fiscal year in the amount of$6,000 subject to
the following limitation:
• All parts, materials, supplies, outside services and any additional required training
purchased and used by Veolia in performing the duties of the Recycled Water Site
Supervisor shall be included on a monthly invoice to the City on a "cost plus 15%" basis.
Copies of all invoices for parts, materials, supplies, and outside services shall be included
with the monthly invoice. Prior City authorization shall be obtained for any purchases in
GG-2
07
SCHEDULE GG
ANIMAL SHELTER RECYCLED WATER SUPERVISOR SERVICES
excess of $500 (excluding public health and safety emergencies). A summary of the
maintenance and repair completed at the Animal Shelter each month shall be provided in
the Monthly Operating Report.
Pricing assumptions include:
• City will provide orientation tour and site plans of the Animal Shelter for the designated
Recycled Water Site Supervisor and management staff to allow them to become familiar
with the Animal Shelter facilities, including the SMT kennel wash-down system and other
uses of reclaimed water, prior to the initiation of the proposed work.
GG-3
08
RESOLUTION NO.
OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, AMENDING THE BUDGET
FOR THE 2011/2012 FISCAL YEAR.
WHEREAS Resolution 22926 approving the budget for the fiscal year 2011/2012
was adopted on June 1, 2011; and
WHEREAS the City Manager has recommended, and the City Council desires to
approve, certain amendments to said budget;
NOW THEREFORE BE IT RESOLVED that the Director of Finance is authorized
to record inter-fund cash transfers as required in accordance with this Resolution,
and that Resolution 22926, adopting the budget for the 2011/2012 fiscal year is
hereby amended as follows:
SECTION 1. ADDITION
Fund Activity Account Amount
001 3304 43200 $52,800
Purpose Animal Shelter Recycled Water Supervisor
SECTION 2. SOURCE General Fund Balance
Fund Activity Account Amount
001 29301 $52,800
ADOPTED THIS 20th day of July, 2011.
David H. Ready, City Manager
ATTEST:
James Thompson, City Clerk
09
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. is a full, true and correct copy, and was duly adopted
at a regular meeting of the City Council of the City of Palm Springs on July 20,
2011, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California
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