HomeMy WebLinkAboutStaff Report 3.B 05/02/2016Agenda Item #3.B
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DATE: May 2, 2016
TO: Honorable Mayor and Members of the City Council through City Manager
FROM: Dan St. John, KASCE — Director, Public Works & Utilities
Leah G. Walker, P.E. — Environmental Services Manager
SUBJECT: Resolution Authorizing the City Manager to Execute a Professional Services
Agreement with Kennedy /Jenks Consultants, Inc., for Engineering and Design
Services for the Petaluma Biomass- to- Biofuel Project
RECOMMENDATION
It is recommended that the City Council adopt the attached Resolution authorizing the City
Manager to execute a Professional Services Agreement (PSA) with Kennedy /Jenks Consultants,
Inc., for engineering and design services for the Petaluma Biomass- to- Biofuels (13213) project.
BACKGROUND
The City's Ellis Creek Water Recycling Facility ( ECWRF) has been in operation since early
2009 and currently processes an average dry weather daily flow of 4.8 MGD (million gallons per
day). As described in previous Council meetings, wastewater loading increases and the need for
process redundancy require the City to add a second anaerobic digester and other ancillary
improvements. The second anaerobic digester at the ECWRF is currently in design with
construction scheduled to begin summer 2016.
The existing anaerobic digester produces methane gas that is used to fuel a boiler while the
excess methane gas is flared off. With the construction of a second digester, the City will have
additional methane gas that can be used for beneficial purposes. The goal of the 13213 project is to
use anaerobic digestion and state -of -the -art compressed natural gas (CNG) production
technology to transform methane gas produced at ECWRF into CNG to fuel vehicles.
The California Energy Commission (CEC) has a grant program (Alternative and Renewable Fuel
and Vehicle Technology Program for Pilot -Scale Advanced Biofuels Production Facilities [PON-
13 -609]) intended to promote the development of new California -based biofuel production
facilities that can sustainably produce low carbon transportation fuels. The anaerobic digestion of
biosolids produces methane gas that can be scrubbed, compressed, and used to fuel vehicles or
power generators.
In March 2014, the City submitted an application for grant funding to the CEC for the design and
construction of a gas scrubbing facility, a CNG fueling station, and related site improvements at
ECWRF. The City requested the maximum $3 million grant from the CEC for these types of
projects. The funding requires a minimum 50% match from local funds. The total cost of the
13213 improvements, including the anaerobic digester and appurtenant facilities, CNG production
facilities, and the high strength waste facilities, is $15,308,293. In November 2015, the City was
advised the 13213 project had been selected for funding. On January 4, 2016, the City Council
approved a resolution (2016 -008) authorizing the City Manager to execute all necessary
application documents and to negotiate and execute a financial assistance agreement with the
California Energy Commission (CEC) and any amendments or change orders thereto. On March
9, 2016, the City was awarded a $3 million grant by the CEC for the 13213 project.
DISCUSSION
The project is proposed for implementation in two phases. Phase 1 will produce CNG using only
municipal wastewater solids. The goal is to produce 75,000 gasoline gallons equivalent (GGE) of
biofuel per year. Phase 2 is scheduled for implementation in about 2018 and will involve the
second digester combined with the introduction of High Strength Waste (HSW). The goal is to
produce 150,000 GGE once Phase 2 is fully implemented. In order to meet the grant agreement
timelines, the City needs engineering consulting services for the design and construction services
for the project including biogas processing equipment, gas conveyance pipelines, and a CNG
compressor and fueling station.
Kennedy /Jenks Consultants, Inc., (K/J) prepared the City's initial application to the CEC. At
staff's request, K/J submitted a proposal for engineering services for biogas and CNG facilities.
K/J has unique experience in this area, having recently completed the design of one of the first
vehicle- biofueling projects in California for the City of San Mateo. K/J has significant expertise
in all areas of wastewater - treatment facilities design, permitting and operations. Their team for
the 13213 project includes professionals who recently prepared an evaluation of the ECWRF. K/J
has the expertise to address the City's needs, will manage the project from their local office in
Santa Rosa, and has an experienced team in offices in the Bay Area and West Coast. Their staff
is very familiar with the ECWRF and our operations and maintenance staff, other local facilities,
and the regulators at the San Francisco Bay Regional Water Quality Control Board and the CEC.
The CEC grant application included K/J as the design lead, with partners Unison Solutions for
bio -gas scrubbing and Clean Energy for CNG compression, storage and dispensing. It is
expected that the equipment for these functions will be pre- purchased by the City from Unison
and Clean Energy and provided to a contractor for installation.
Phase 2 of the project will expand the amount of CNG that can be produced by modifying
facilities at ECWRF to allow for receipt and handling of high strength waste (HSW) from local
food and beverage industries. The design of the HSW facilities will be part of a separate
agreement.
The proposed action meets the following Council Goals:
® Sustainability Practices — Seek Funding For and Implement Projects to Beneficially
Utilize Bio- methane Produced as a Byproduct of Wastewater Treatment.
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Improve Business - Friendly Practices for Collection, Treatment and Disposal of
Wastewater — Complete Solids Treatment Improvements to Allow for the Acceptance of
High Strength Waste.
The proposed action meets the following City of Petaluma, General Plan 2025 Goals:
• 4 -G -4 Reduce reliance on non - renewable energy sources in existing and new
development.
• 4 -G -6 Reduce the contribution of greenhouse gases from existing sources and minimize
the contribution of greenhouse gases from new construction and sources.
FINANCIAL IMPACTS
The fee for the agreement with K/J is $930,923. The total cost of the improvements, including
the anaerobic digester and appurtenant facilities, CNG production facilities, and high strength
waste facilities, is $15,308,293. The B2B improvements will be funded with a $3 million grant
from the CEC and $12,308,293 from Wastewater Enterprise funds. The new digester facility is
currently in the CIP budget as project C66501305 for $10,336,000 through FY 17. The CNG
facilities are in the current CIP budget as project C66501518 for $6,004,000 through FY 18. CIP
project C66501518 anticipated a CEC grant of $3 million in FY 17/18.
ATTACHMENTS
1. Resolution
2. PSA
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Attachment 1
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT WITH KENNEDY /JENKS
CONSULTANTS, INC. FOR ENGINEERING AND DESIGN SERVICES FOR THE
PETALUMA BIOMASS -TO- BIOFUEL PROJECT
WHEREAS, the City of Petaluma proposes to implement the Biomass -to- Biofuel
Improvements (13213 Improvements) which would modify the Ellis Creek Water Recycling
Facility to accept high - strength waste from local food and beverage industries and convert it to
compressed natural gas (CNG) for use in City vehicles; and
WHEREAS, the construction of a second anaerobic digester and appurtenant facilities,
installation of gas scrubbing and compression equipment and a Compressed Natural Gas (CNG)
fueling facility, and construction of high strength waste handling facilities (the 13213 Project) will
increase the availability of bio- methane at the ECWRF; and
WHEREAS, the 13213 Improvements implement the original objectives of the Ellis Creek
Water Recycling Facility Project, namely to "develop an economically and ecologically
sustainable Water Recycling Facility "; and
WHEREAS, the City of Petaluma General Plan 2025 recognizes the importance of
reducing reliance on non - renewable energy sources, and encourages the use and development of
renewable or nontraditional sources of energy; and
WHEREAS, the City of Petaluma General Plan 2025 recognizes the importance of
reducing greenhouse gas emissions; and
WHEREAS, this project requires the services of a quality professional engineering firm
familiar with the project and experienced in design of CNG facilities; and
WHEREAS, Kennedy/ Jenks Consultants, Inc. (Kennedy /Jenks) previously prepared the
City's application for a grant to the California Energy Commission (CEC); and
WHEREAS, the CEC, at its business meeting on March 9, 2016, awarded a $3 million
grant to the City of Petaluma, subject to meeting deadlines specified in the grant agreement; and
WHEREAS, Kennedy/ Jenks has significant expertise in all areas of wastewater -
treatment facilities design, permitting and operations, and recently completed the design of one
of the first vehicle- biofueling projects in California; and
WHEREAS, staff recommends the City execute a professional services agreement with
Kennedy/ Jenks for engineering, and design and services for the 13213 project at the Ellis Creek
Water Recycling Facility.
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NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Petaluma
hereby authorizes the City Manager to execute a Professional Services Agreement for
engineering and design services with Kennedy/ Jenks in support of the 13213 Project at the Ellis
Creek Water Recycling Facility in the amount not to exceed $ $930,923.
ATTACHMENT 2
PROFESSIONAL SERVICES AGREEMENT
Engineering and Design Services for the Petaluma Biomass -to- Biofuel Project
(Title of Project)
FY 15/16
Fund # 6600 Cost Center 66999
Object Code 54110 Project # C66501518
Amount $50,000
For multi -year contracts or contracts with multiple accounts:
FY 16/17
Fund # 6600
Cost Center 66999
Object Code 54110 Project # C66501518
Amount $400,000
FY 17/18
Fund # 6600
Cost Center 66999
Object Code 54110 Project # C66501518
Amount $400,000
FY 18/19
Fund # 6600
Cost Center 66999
Object Code 54110 Project # C66501518
Amount $164,204
FY
Fund #
Cost Center
Object Code Project #
Amount $
FY
Fund #
Cost Center
Object Code Project #
Amount $
THIS PROFESSIONAL SERVICES AGREEMENT ( "Agreement ") is entered into and effective
as of , 20 ( "Effective Date "), by and between the City of Petaluma, a
city use only)
municipal corporation and a charter city ( "City ") and Kennedy /Jenks Consultants, Inc. , a a
California Corporation ( "Consultant ") (collectively, the "Parties ").
WHEREAS, the Parties enter into this Agreement for the purpose of Consultant providing
professional services to City under the terms and conditions set forth herein.
THEREFORE, in consideration of the mutual covenants contained in this Agreement, the Parties
agree as follows:
Services. Consultant shall provide the services as described in and in accordance with
the schedule set forth in Exhibit "A" attached hereto and incorporated herein
( "Services ").
2. Compensation; Business Tax Certificate.
A. For the full performance of the Services as described herein, City shall
compensate Consultant in accordance with the rates specified in Exhibit A.
B. Consultant shall submit detailed monthly invoices reflecting all services
performed during the preceding month, and including a revised schedule for
performance and additional documentation requested by City, as applicable.
C. Consultant shall be compensated for services in addition to those described in
Exhibit A, only if Consultant and City execute a written amendment to this
Agreement describing the additional services to be performed and the
compensation to be paid for such services. In no case shall the total compensation
under this Agreement exceed $1,014,204 without prior written authorization of
the City Manager. Further, no compensation for a section or work program
component attached with a specific budget shall be exceeded without prior written
authorization of the City Manager.
D. Notwithstanding any provision herein, Consultant shall not be paid any
compensation until such time as Consultant has on file with the City Finance
Department a current W -9 form available from the IRS website (www.irs.gov)
and has obtained a currently valid Petaluma business tax certificate.
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E. City's obligation to pay compensation to Consultant as provided herein is
contingent upon Consultant's performance of the Services pursuant to the terms
and conditions of this Agreement and any amendments thereto.
3. Term. The term of this Agreement commences on the Effective Date, and terminates on
December 31, 2018, unless sooner terminated in accordance with Section 4. Upon
termination, any and all of City's documents or materials provided to Consultant and any
and all of the documents or materials prepared for City or relating to the performance of
the Services, shall be delivered to the City as soon as possible, but not later than fourteen
(14) days after termination of the Agreement.
4. Termination. City may terminate this Agreement without cause upon ten (10) days'
written notice. City may immediately terminate or suspend this Agreement for cause.
Cause for immediate termination or suspension shall include, but not be limited to, any
breach of this Agreement by Consultant or Consultant's bankruptcy or insolvency. Upon
receipt of notice of termination or suspension for cause, Consultant shall immediately
stop all work in progress under this Agreement. In the event of early termination of this
Agreement by City, Consultant shall be entitled to payment for all Services performed to
the date of termination to the extent such Services were performed to the satisfaction of
City in accordance with the terms and conditions of this Agreement. If City terminates
this Agreement for cause, Consultant shall be liable to City for any excess cost City
incurs for completion of the Services.
5. Consultant's Representation; Independent Contractor. Consultant represents that
Consultant possesses distinct professional skills in performing the Services. City has
relied upon said representation as a material inducement to enter into this Agreement.
Consultant shall, therefore, provide properly skilled professional and technical personnel
to perform all Services under this Agreement. It is expressly understood that Consultant
and its agents and employees, shall act in an independent capacity and as an independent
contractor and not as officers, employees or agents of City. This Agreement shall not be
construed as an agreement for employment.
6. Facilities and Equipment. Consultant shall, at its sole cost and expense, furnish all
facilities and equipment that may be required for furnishing Services pursuant to this
Agreement. City shall furnish to Consultant no facilities or equipment, unless the City
otherwise agrees in writing to provide the same.
7. Licenses, Permits, Etc. Consultant shall, at Consultant's sole cost and expense, keep in
effect at all times during the term of this Agreement any licenses, permits or other such
approvals which are legally required for performing the Services.
8. Time. Consultant shall devote such time to the performance of the Services as may be
reasonably necessary for satisfactory performance of Consultant's obligations pursuant to
this Agreement.
9. Inspection. Consultant shall provide the City every reasonable opportunity to ascertain
that the Services are being performed in accordance with the requirements and intentions
of this Agreement. All work done and materials furnished, if any, shall be subject to
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inspection and approval by the City. The inspection of such work shall not relieve
Consultant of any of its obligations pursuant to this Agreement.
10. Progress Reports. Upon the City's request, Consultant shall provide, in a form
acceptable to City, written progress reports of all oral and written observations, opinions,
recommendations, analyses, progress and conclusions related to Consultant's
performance of the Services.
11. Confidentiality. In the course of Consultant's employment, Consultant may have access
to trade secrets and confidential information, disclosure of which is protected or limited
by law. Consultant shall not directly or indirectly disclose or use any such confidential
information, except as required for the performance of the Services.
12. Conflict of Interest. Consultant represents that it presently has no interest, and
covenants that it shall not acquire any interest, direct or indirect, financial or otherwise,
which would conflict in any manner or degree with the performance of the Services
hereunder. Consultant further covenants that, in the performance of this Agreement, it
shall not employ any subcontractor or person having such a conflict of interest.
Consultant represents that no one who has or will have any financial interest under the
Agreement is an officer or employee of City. If such conflict of interest arises during this
Agreement or any extension, Consultant will immediately advise City and City may, at
its sole discretion, immediately terminate this Agreement. Certain Consultants are
subject to the requirements, including the disclosure and reporting requirements, of the
City's Conflict of Interest Code adopted pursuant to the Political Reform Act. Such
Consultants subject to the City's Conflict of Interest Code include those whose work may
involve: malting government decisions regarding approval or adoption of rates, rules, or
regulations, action on permits or other applications, authorization to enter into or modify
contracts, or approval of plans, designs, reports, or studies. Consultant agrees to comply
fully with all such requirements to the extent they apply to Consultant's performance of
the Services.
13. Consultant No Agent. 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.
14. Standard of Performance. Consultant shall perform all the Services in a manner
consistent with the standards of Consultant's profession. All instruments of service of
whatsoever nature, which Consultant delivers to City pursuant to this Agreement, shall be
prepared in a substantial, workmanlike manner and conform to the standards of
Consultant's profession. All such instruments of service shall become the sole and
exclusive property of City upon delivery of the same.
15. Assignment/Transfer. No assignment or transfer in whole or in part of this Agreement
shall be made without the prior written consent of City.
16. Subcontractors. Consultant shall directly perform all Services, and shall not subcontract
any portion of performance of the Services without the prior written consent of City.
Any such subcontractors shall be required to comply, to the full extent applicable, with
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the terms and conditions of this Agreement, including but not limited to, procuring and
maintaining insurance coverage as required herein and which shall name City as an
additional insured.
17. Compliance With All Laws. Consultant shall fully comply with all applicable local,
state and federal rules, laws, regulations and ordinances pertaining to the performance of
the Services required hereunder, including but not limited to, the California Building
Standards Code as in effect in the City, the Americans with Disabilities Act, and any laws
and regulations related to any copyright, patent, trademark or other intellectual property
right involved in performance of the Services. Consultant's failure to comply with any
law(s) or regulation(s) applicable to the performance of the Services hereunder shall
constitute a material breach of this Agreement. To the extent that any other government
agency or entity provides compensation for any Services, Consultant shall comply with
all rules and regulations applicable to such fiscal assistance.
18. Living Waae Ordinance. Without limiting the foregoing Section 17, Consultant shall
comply fully with all applicable requirements of Petaluma Municipal Code, Chapter 8.36,
Living Wage (the "Living Wage Ordinance "), as the same may be amended from time to
time. Upon the City's request Consultant shall promptly provide to the City documents
and information verifying Consultant's compliance with the requirements of the Living
Wage Ordinance, and shall within fifteen (15) calendar days of the Effective Date of this
Agreement, notify each of its affected employees as to the amount of wages and time off
that are required to be provided to them pursuant to the Living Wage Ordinance. The
Acknowledgement and Certification Pursuant to City of Petaluma Living Wage
Ordinance, attached to this Agreement as Exhibit C, shall be a part of this Agreement for
all purposes, and Consultants that are subject to Living Wage Ordinance requirements, as
determined by the City, must provide a properly completed Exhibit C in accordance with
the requirements of the Living Wage Ordinance. Consultant's noncompliance with the
applicable requirements of the Living Wage Ordinance shall constitute cause for City's
termination of this Agreement pursuant to Section 4 hereof.
19. Discrimination. During the performance of this Agreement, Consultant shall not
discriminate against any employee or applicant for employment because of race, religion,
creed, color, national origin, ancestry, gender, sexual orientation, age or physical or
mental disability in violation of any applicable law.
20. Notice. Except as otherwise specified in this Agreement, all notices to be sent pursuant
to this Agreement shall be made in writing, and sent to the Parties at their respective
addresses specified below or to such other address as a Party may designate by written
notice delivered to the other Party in accordance with this Section. All such notices shall
be sent by:
(i) personal delivery, in which case notice is effective upon delivery;
(ii) certified or registered mail, return receipt requested, in which case notice shall be
deemed delivered on receipt if delivery is confirmed by a return receipt;
(iii) nationally recognized overnight courier, with charges prepaid or charged to the
sender's account, in which case notice is effective on delivery if delivery is
confirmed by the delivery service; or
PROFESSIONAL SERVICES AGREEMENT
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(iv) facsimile transmission, in which case notice shall be deemed delivered upon
transmittal, provided that (a) a duplicate copy of the notice is promptly delivered
by first -class or certified mail or by overnight delivery, or (b) a transmission
report is generated reflecting the accurate transmission thereof. Any notice given
by facsimile shall be considered to have been received on the next business day if
it is received after 5:00 p.m. recipient's time or on a nonbusiness day.
City: City Clerk
City of Petaluma
Post Office Box 61
Petaluma, California 94953
Phone: (707) 778 -4360
Fax: (707) 778 -4554
Email: cityclerk @ci.petaluma.ca.us
And:
Dan St. John. F. ASCE - Director. Debt. PW &U
Department of Public Works and Utilities
202 N. McDowell Blvd.
Petaluma, CA 94954
Phone: (707) 778 -4546
Fax: (707)778 -4508
Email: dstjohn@ei.petaluma.ca. us
Consultant: Craig W. Lichty, P.E., Vice - President
Kennedy /Jenks Consultants, Inc.
200 Fourth Street, Suite 210
Santa Rosa, CA 95401
Phone: 707 -526 -1064
Fax:
Email: CLichty@KennedyJenks.com
21. Ownership of Documents. All original papers, documents or computer material on disk
or microfilm, and copies thereof, produced as a result of this Agreement, shall be the
property of City and may not be used by Consultant without the written consent of City.
Copies of such documents or papers shall not be disclosed to others without the written
consent of the City Manager or his or her designated representative.
22. Indemnification. To the maximum extent permitted by law, Consultant shall, at its own
expense, indemnify, defend with counsel acceptable to the City, (which acceptance will
not be unreasonably withheld), and hold harmless City and its officers, officials,
employees, agents and volunteers ( "Indemnitees ") from and against any and all alleged
liability, loss, damage, claims, suits, actions, arbitration proceedings, administrative
proceedings, regulatory proceedings, civil penalties and fines, expenses and costs
(including, without limitation, claims expenses, attorney's fees and costs and fees of
litigation) (collectively, "Liability ") of every nature, whether actual, alleged or
threatened, arising out of or in connection with the Services or Consultant's failure to
comply with any of the terms of this Agreement, regardless of any fault or alleged fault
of the Indemnitees.
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The Consultant's obligation to indemnify, defend and hold harmless under this provision
shall not be excused because of the Consultant's inability to evaluate Liability, or because
the Consultant evaluates Liability and determines that the Consultant is not or may not be
liable. The Consultant must respond within 30 calendar days to any tender for defense
and indemnity by the City, unless the time for responding has been extended by an
authorized representative of the City in writing. If the Consultant fails to accept tender of
defense and indemnity within 30 calendar days, in addition to any other remedies
authorized by law, so much of the money due or that may become due the Consultant
under this Agreement as shall reasonably be considered necessary by the City, may be
retained by the City until disposition has been made of the matter subject to tender, or
until the Consultant accepts the tender, whichever occurs first. In the event that the City
must file responsive documents in a matter tendered to Consultant prior to Consultant's
acceptance of tender, Consultant agrees to fully reimburse all costs, including but not
limited to attorney's fees and costs and fees of litigation, incurred by the City in filing
such responsive documents.
The Consultant waives any and all rights to express or implied indemnity against the
Indemnitees concerning any Liability of the Consultant arising out of or in connection
with the Services or Consultant's failure to comply with any of the terms of this
Agreement.
Notwithstanding the foregoing, to the extent this Agreement is a "construction contract"
as defined by California Civil Code Section 2783, as may be amended from time to time,
Consultant's duty to indemnify under this provision shall not apply when to do so would
be prohibited by California Civil Code Section 2782, as may be amended from time to
time.
Notwithstanding the foregoing, to the extent that the Services include design professional
services subject to California Civil Code Section 2782.8, as may be amended from time
to time, Consultant's duty to indemnify shall only be to the maximum extent permitted by
California Civil Code Section 2782.8.
23. Insurance. Consultant shall comply with the "Insurance Requirements for Consultants"
in Exhibit B -2, attached hereto and incorporated herein by reference. [Indicate attached
exhibit, e.g., "B -1, " `B -2, " "B -3, " or "B -4. "]
24. Amendment. This Agreement may be amended only by a written instrument executed
by both Parties.
25. Litigation. If litigation ensues which pertains to the subject matter of Consultant's
services hereunder, Consultant, upon request from City, agrees to testify therein at a
reasonable and customary fee.
26. Construction. This Agreement is the product of negotiation and compromise on the part
of both Parties and that the Parties agree that, notwithstanding Civil Code Section 1654,
any uncertainty in the Agreement shall not be construed against the drafter of the
Agreement.
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27. Governing Law; Venue. This Agreement shall be enforced and interpreted under the
laws of the State of California and the City of Petaluma. Any action arising from or
brought in connection with this Agreement shall be venued in a court of competent
jurisdiction in the County of Sonoma, State of California.
28. Non - Waiver. The City's failure to enforce any provision of this Agreement or the
waiver thereof in a particular instance shall not be construed as a general waiver of any
part of such provision. The provision shall remain in full force and effect.
29. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of
this Agreement shall continue in full force and effect.
30. No Third Party Beneficiaries. The Parties do not intend to create, and nothing in this
Agreement shall be construed to create any benefit or right in any third parry.
31. Mediation. The Parties agree to make a good faith attempt to resolve any dispute arising
out of this Agreement through mediation prior to commencing litigation. The Parties
shall mutually agree upon the mediator and shall divide the costs of mediation equally.
32. Consultant's Books and Records.
A. Consultant shall maintain any and all ledgers, books of accounts, invoices,
vouchers, canceled checks, and other records or documents evidencing or relating
to charges for services, or expenditures and disbursements charged to the City for
a minimum period of three (3) years or for any longer period required by law,
from the date of final payment to Consultant pursuant to this Agreement.
B. Consultant shall maintain all documents and records which demonstrate
performance under this Agreement for a minimum period of three (3) years or for
any longer period required by law, from the date of termination or completion of
this Agreement.
C. Any records or documents required to be maintained pursuant to this Agreement
shall be made available for inspection or audit, at any time during regular business
hours, upon written request by the City Manager, City Attorney, City Finance
Director, or a designated representative of these officers. Copies of such
documents shall be provided to the City for inspection at Petaluma City Hall
when it is practical to do so. Otherwise, unless an alternative is mutually agreed
upon, the records shall be available at Consultant's address indicated for receipt
of notices in this Agreement.
D. Where City has reason to believe that such records or documents may be lost or
discarded due to dissolution, disbandment or termination of Consultant's
business, City may, by written request by any of the above -named officers,
require that custody of the records be given to the City and that the records and
documents be maintained in Petaluma City Hall. Access to such records and
documents shall be granted to any party authorized by Consultant, Consultant's
representatives, or Consultant's successor in interest.
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33. Headings. The headings used in this Agreement are for convenience only and are not
intended to affect the interpretation or construction of any provisions herein,
34. Survival. All obligations arising prior to the termination or expiration of this Agreement
and all provisions of this Agreement allocating liability between City and Consultant
shall survive the termination or expiration of this Agreement.
35. Entire Agreement. This Agreement, including the exhibits attached hereto and
incorporated herein, constitutes the entire agreement between the Parties with respect to
the Services, and supersedes all prior agreements or understandings, oral or written,
between the Parties in this regard.
IN WITNESS WHEREOF, the parties hereto have executed this document the day, month and
year first above written.
CITY OF PETALUMA
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
APPROVED:
Department Director
APPROVED:
Risk Manager
APPROVED:
Finance Director
CONP�NT
By dGZsee E
Name
Title
Address
L ?7 O.534)/
City Slate Zip
-21� 7007
Taxpayer I.D. Number
L, - 0 -C)500 4-o
Petaluma Business Tax Certificate Number
file name: S: \Environmental Services \CEC Giant\CouncikAgreement - PSA Kennedy -Jenks CEC project.doc
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City of Petaluma - 828 Project (Rev 2)
Exhibit A
SCOPE OF WORK
Background
The City of Petaluma has become a center for food and beverage production and processing.
These industries generate liquid wastes of high organic strength; however, the ECWRF in not
designed for nor capable of handling these high strength wastes (HSW) in the aerobic treatment
process. As a result, these wastes cannot be discharged to the collection system and must be
hauled to locations outside the City for treatment and disposal. In some cases this haul
distance can be 40 miles away.
In response to a solicitation from the CEC for development of projects that produced renewable
fuels for vehicle fueling, the City, working with Kennedy Jenks, conceived a project that would
provide for treatment of these HSWs at ECWRF to generate biomethane for meeting local
transportation needs in the City. The project was given the moniker 13213.
The project responds directly to the goal of AB32 for reduced carbon emissions. The project
provides for production and utilization of a renewable, low carbon intensity biofuel to be used
locally to replace the use of fossil fuels like diesel. The project also significantly reduces the use
of fuel for hauling of the HSW combined with reduced truck traffic.
In 2014 Kennedy Jenks assisted the City of Petaluma and their environmental consultant with
the preparation of a grant application to California Energy Commission (CEC) for a biofuel
demonstration project. The project generally involved the leveraging of existing facilities at the
Ellis Creek Water Recycling Facility ( ECWRF) along with the construction of new facilities to
produce, process and dispense biomethane for vehicle fueling, as compressed natural gas
(CNG).
In July of 2014 the City of Petaluma project was scored by the CEC and ranked fifth of eleven
project applications submitted. Although the project passed the CEC requirements for a biofuel
project, only the top four ranked projects were approved for funding.
In the fall of 2015 the City was informed that their project application was now considered for
funding. The application was updated by the City's team and resubmitted in December 2015.
CEC approved the project for award provided the stipulations for grant funding are followed.
The grant award is $3 million.
Understanding
Following are key facilities required for the implementing the project:
A. Effective anaerobic digesters equipped to handle and efficiently digest HSW to produce
the digester gas
B. HSW receiving and storage for equalized introduction to the digester(s)
C. Digester gas scrubbing facilities to remove contaminants and reduce the carbon dioxide
content to achieve standards for biofuel as CNG
D. Biofuel conveyance facilities and pipelines to convey the gas to the selected location for
compression, storage and dispensing.
E. A fueling station that will provide for receiving the biofuel, compressing, storing and
dispensing, while accommodating the targeted vehicles for refueling and parking.
This proposal for engineering services only involves the design of the facilities included in items
C, D and E, above. The City is currently under contract with another consultant to design the
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remaining facilities. Design of the remaining facilities is nearly 90% complete according to the
City.
The project is planned for implementation in two phases. Phase 1 is intended to produce
digester gas from the existing digester using only waste activated sludge. The goal is to
produce 75,000 GGE of biofuel per year. Phase 2 is scheduled for implementation in about
2018 and will involve a second digester combined with the introduction of HSW. The goal is to
produce 150,000 GGE once Phase 2 is fully implemented. For design purposes the average
digester gas flow rate after implementation of Phase 2 of the project is 100 cfm with a peaking
factor of 2.
Subsequent to the development of the 2014 CEC grant application, Kennedy /Jenks has become
aware of two additional facilities that will likely be needed:
An enclosed flare to combust the low level methane off -gas from the gas
scrubbing skid. The enclosed flare is needed for combusting the off -gas as well
as handling the full flow of digester gas in case of a CNG system outage to
comply with BAAQMD requirements.
• Low pressure gas storage situated between the digester and the gas scrubbing
skid. The low- pressure gas storage may be needed to equalize the flow to the
gas scrubbing skid for more efficient use, particularly once the high strength
waste program is initiated.
We have included the effort for a pre- design and design of these two facilities into our scope
and fee proposal
Additionally, the City would like to explore the idea of mobile transportation of the CNG to a
remote fueling station somewhere within the City. One of the team partners, Clean Energy, has
significant experience implementing this concept. Our scope and fee proposal includes effort
for a feasibility study of establishing a remote fueling station that would be served by truck
transportation of the CNG from the site of ECWRF to a dispensing location within the City. The
preliminary list of drawings, used to estimate level of effort for this proposal, is based on the
assumption that vehicle fueling will occur at the treatment -plant site, as contemplated in the
CEC grant application. We understand, however, that the City prefers the remote - fueling
alternative. In either case, the effort to design a remote - fueling facility is deemed equivalent to
designing a fueling facility at the treatment plant.
The CEC grant application included Kennedy /Jenks as the design lead with Unison Solutions
and Clean Energy as partners for bio -gas scrubbing (Unison) and CNG compression, storage
and dispensing (Clean Energy), respectively. It is intended that the equipment for these
functions will be pre - purchased by the City from Unison and Clean Energy and provided to a
contractor for installation. We have included the scope and fee for preparing the necessary pre-
purchase documents into this proposal.
Some of the engineering and planning work necessary for a complete project will be provided by
others outside of this agreement:
• The City will provide an updated geotechnical report for the project site.
• The City will provide as -built drawings to be used as background maps, including
locations of existing surface features, topography and buried utilities.
• Carollo Engineers is designing a new digester and other solids - process improvements
that will support this project
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• GHD is preparing CEQA documentation
The City and its agents have detailed background knowledge and expertise regarding the
documentation that will be provided in support of this contract. The City furthermore represents
that all work products listed above are or will be suitable for their intended purpose. Therefore,
this scope of work does not include any duplicate effort to validate accuracy of supporting
documents.
Parties agree that all services provided under this agreement are design - professional services,
and that Consultant is a design professional as defined in California Civil Code Section 2782.8.
TASK 1 ADMINISTRATION
Task 1.1 Attend Kick -off Meeting
Goal:
Establish the lines of communication and procedures for implementing this Agreement.
Approach:
• Coordinate with City staff to prepare meeting materials
• Tabulate and summarize potential match funding as identified by City staff
• PIC, PM and project engineer will attend kickoff meeting
• Review meeting minutes prepared by CAM
Deliverables:
• Updated Schedule of Products
• Updated List of Match Funds
• Updated List of Permits
Services of CAM:
• Prepare Kick -Off Meeting Agenda
• Facilitate meeting
• Prepare meeting minutes
Task 1.2 Critical Project Review (CPR) Meetings
Goal:
The goal of this task is to determine if the project should continue to receive Energy
Commission funding to complete this Agreement and to identify any needed modifications to the
tasks, products, schedule or budget.
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Approach:
• Periodically analyze progress of the agreement toward achieving goals and objectives.
Evaluate % complete in terms of established budget and schedule.
• Provide recommendations and conclusions regarding continued work on the project.
• Level of effort for this task assumes a total of four (4) Critical Project Review Meetings
will be attended by the Project Manager and Project Engineer.
• Submit CAM reports to City at least 20 working days in advance of scheduled CAM.
Deliverables:
CPR Reports (up to 4) submitted electronically in pdf format
CAM Services:
City Services:
Agenda and a list of expected participants
Schedule for written determination
Written determination
Presentation to CAM, if required
Task 1.3 Final Meeting
The goal of this task is to close out the City's agreement with California Energy Commission.
Approach:
Meetings:
Deliverables:
Assess the degree to which project goals and objectives were achieved
Prepare presentation materials that summarize findings, conclusions and
recommended next steps (if any) for the Agreement, and recommendations for
improvements
Coordinate with City to prepare a closeout schedule based on comments
received during Final Meeting.
Attend one (1) meeting to present summary of findings, conclusions and
recommendations. For purposes of estimating level of effort we have assumed
that the technical and administrative discussions will be consolidated into a single
meeting.
PowerPoint slide deck
Schedule for completing closeout activities
Task 1.4 Monthly Progress Reports
The goal of this task is to periodically verify that satisfactory and continued progress is made
towards achieving the objectives of this Agreement on time and within budget.
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Approach:
Deliverables:
Summarize all Agreement activities conducted by the Recipient for the reporting
period, including an assessment of the ability to complete the Agreement within
the current budget and any anticipated cost overruns. Each progress report is
due to the Commission Agreement Manager within 10 days of the end of the
reporting period.
Assist City to document and verify match expenditures and provide a synopsis of
project progress, if match funds have been expended or if work funded with
match share has occurred after the notice of proposed award but before
execution of the grant agreement. If no match funds have been expended or if no
work funded with match share has occurred before execution, then state this in
the report. All pre- execution match expenditures must conform to the
requirements in the Terms and Conditions of this Agreement.
A total of twelve (12) progress reports are anticipated for purposes of estimating
level of effort
Monthly Progress Reports (up to 12)
Task 1.5 Final Report
The goal of the Final Report is to assess the project's success in achieving the Agreement's
goals and objectives, advancing science and technology, and providing energy - related and
other benefits to California.
Approach:
Prepare a draft and final report to clearly and completely describe the project's purpose,
approach, activities performed, results, and advancements in science and technology; to
present a public assessment of the success of the project as measured by the degree to
which goals and objectives were achieved; to make insightful observations based on
results obtained; to draw conclusions; and to make recommendations for further projects
and improvements to the project management processes.
Incorporate and summarize findings from Task 8 (DATA COLLECTION AND
ANALYSIS)
Deliverables:
Prepare an Outline of the Final Report, if requested by the CAM
Prepare a draft Final Report following the latest version of the Final Report
guidelines which will be provided by the CAM
Submit three (3) bound copies and one (1) electronic version of the Final Report
Task 1.6 Document Matching Funds
The goal of this task is to ensure that the match funds planned for this Agreement are obtained
for and applied to this Agreement during the term of this Agreement.
Approach:
Assist City with documentation of City's matching funds that were committed as
part of the Agreement with CEC.
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Summarize amount of each cash match fund, its source, including a contact
name, address and telephone number and the task(s) to which the match funds
will be applied.
Summarize amount of each in -kind contribution, a description, documented
market or book value, and its source, including a contact name, address and
telephone number and the task(s) to which the match funds will be applied.
Assist City with evaluation of match -fund vulnerability and the implications to the
Agreement if they are reduced or not obtained as committed, at the kick -off
meeting.
City- Provided Services:
Deliverables:
Provide a copy of the letter of commitment from an authorized representative of
each source of cash match funding or in -kind contributions that these funds or
contributions have been secured. For match funds provided by a grant a copy of
the executed grant shall be submitted in place of a letter of commitment.
Provide the appropriate information to the Commission Agreement Manager if
during the course of the Agreement additional match funds are received.
Notify the Commission Agreement Manager within 10 days if during the course of
the Agreement existing match funds are reduced. Reduction in match funds must
be approved through a formal amendment to the Agreement and may trigger an
additional CPR meeting.
One (1) letter summarizing match funds that will be committed to this project
Task 1.7 Identify Required Permits
The goal of this task is to assist the City and the City's environmental consultant to identify all
permits necessary to construct and operate the project.
Approach:
• Identify the permits required to complete the project and submit it to the
Commission Agreement Manager at least 5 working days prior to the kick -off
meeting.
• Prepare a schedule that the City will follow in applying for and obtaining permits.
• If during the course of the Agreement additional permits become necessary,
provide the appropriate information on each permit and an updated schedule to
the Commission Agreement Manager.
® The following permits are anticipated:
1. City Building Permit
2. NPDES Permit amendment
3. Bay Area Air Quality Management District —Authority to Construct
4. Bay Area Air Quality Management District — Permit to Operate
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• Review one (1) draft document (draft mitigated negative declaration) prepared by
City's environmental consultant
Products:
• One (1) letter documenting permits anticipated for the project
• One (1) set of review comments for document prepared by City's environmental
consultant
Task 1.8 Subcontracts
The goal of this task is to ensure quality products and to procure subcontractors required to
carry out the tasks under this Agreement consistent with the Agreement Terms and Conditions
and the Recipient's own procurement policies and procedures.
Approach:
• Assist City with justification of sole- source procurement of equipment and
services. For purposes of estimating level of effort, sole- source procurements are
anticipated for the following systems:
1. specialized biogas- treatment equipment (scrubbers)
2. specialized gas- storage, - compression and - dispensing equipment
• Assist City with pre - purchase negotiations
• Prepare pre - purchase procurement documents
Products:
• Draft pre - purchase documents (pdf format only)
• Final pre - purchase documents (pdf format only)
City- Provided Documents and Services:
• City's standard bid forms, agreement forms, commercial terms and conditions
• City standards and forms for sole- source procurement
Task 1.9 Coordination Meetings with City's Design Consultant
The goal of this task is to provide a CNG design package that is coordinated with the
improvements being designed for the solids - processing systems (currently at 90% milestone as
of March '16).
Approach:
• Facilitate coordination meetings (2) with the City and their design consultant at
key project milestones, as directed by the City
Products:
• Meeting agendas (pdf format only)
• Meeting minutes (pdf format only)
City- Provided Documents and Services:
• Provide meeting space
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• Provide all compensation for City's design consultant to participate in coordination
meetings
• Latest progress submittal from City's design consultant
X63:IkqICey_1MIr_ I. —1
TASK 2 AGREEMENTS, PERMITS AND OUTREACH
Task 2.1 Agreements
The goal of this task is to obtain input and consensus from major participants and partners to
obtain documentation and agreements necessary to initiate design and construction activities.
Approach:
• Prepare memoranda of understanding (MOU) documenting the agreement between the
City and anticipated Project Partners:
1. Lagunitas Brewing
2. Petaluma Poultry
3. Clover - Stornetta Dairy
4. Petaluma Creamery
5. Petaluma Refuse and Recycling
Coordinate with City staff and Project Partners to establish mutually - agreeable terms
and conditions that are consistent with CEC's program goals and objectives.
Deliverables:
• Draft and final MOU (up to five)
Task 2.2 Permits
The goal of this task is to receive and document approval from authorities known to have permit
jurisdiction over this project.
Approach:
• Prepare permit applications previously identified under Task 1.7 of this scope of work (4
permits anticipated).
City- Provided Services:
Execute all permit applications
Pay all permit fees
Task 2.3 Outreach
The goal of this task is to maintain external communication with the public, food and beverage
industry, and other entities to enlist support, recruit food waste generators and demonstrate that
the biofuel production process is repeatable and scalable for other communities.
Approach:
• Coordinate with City staff to identify suitable outreach venues
• Present at up to 4 relevant conferences, trade associations and community
events to showcase Petaluma's B2B Project progress.
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• Assist City to develop 13213 webpage on City website. Provide quarterly updates
to webpage materials.
Deliverables:
• List of Outreach Events and Presentation Materials
TASK 3 DIGESTER CONSTRUCTION
This task is not included.
TASK 4 BIOGAS- PROCESSING UNIT AND CNG FUELING - STATION DESIGN
The goal of this task is to complete the required design work, bid documents and other
documents /approvals to construct the following facilities:
• biogas processing equipment to remove carbon dioxide and siloxane,
• enclosed flare for air - permit compliance
• low- pressure storage for flow equalization
• gas conveyance pipelines, and
• CNG compressor and dispensing station
We anticipate that all of these facilities will be constructed under a single contract. Previously
negotiated pre - purchase agreements will be incorporated into the construction contract to cause
coordination between the installing contractor and equipment suppliers. Accordingly, progress
submittals listed in the tasks below will be consolidated under a single set of construction
documents.
At this time the City has not decided whether to construct CNG dispensing facilities at the
treatment -plant site, or at a remote location. Therefore, a secondary goal of this task is to assist
the City in determining a recommended approach for fuel dispensing.
Task 4.1 Design New CNG Pipelines
The goal of this task is to complete all required design work, bid documents and other
documents /approvals to initiate construction activities associated with modifications to existing
facilities and new pipelines.
Approach:
• Develop design drawings and specifications for new pipelines to convey CNG.
• Develop bid documents for new pipelines to convey CNG.
• Prepare engineer's estimate of probable construction cost
• Develop proposed construction timeline from start of construction through
operation date for new pipelines to convey CNG.
• Prepare a Written Notification of Readiness to Construct and provide to the CAM
the final budget, design schedule, and copies of any other agreements necessary
to begin construction.
Deliverables:
• 50% submittal — 3 bound copies, 1 electronic copy
• 90% submittal — 3 bound copies, 1 electronic copy
• Final submittal — 3 bound copies, 1 electronic copy
• Written Notification of Readiness to Construct
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City of Petaluma - B2B Project (Rev 2)
• Construction Timeline
Task 4.2 Design Biogas Processing Unit
The goal of this task is to complete all required design work, bid documents and other
documents /approvals to initiate construction activities associated with biogas processing unit.
Approach:
• Evaluate four (4) alternatives to provide equalizing storage between the digesters
and the biogas - processing units
1. Membrane over slab -on -grade
2. Membrane over digesters)
3. Steel pressure vessel ( -50 psig)
4. Floating gas - holder over digester(s)
• Prepare functional and performance criteria for City- furnished equipment
• Prepare pre - purchase procurement documents for specialized equipment
• Develop design drawings and specifications for biogas processing unit.
• Develop proposed construction timeline from start of construction through
operation date
• Prepare a Written Notification of Readiness to Construct and provide to the CAM
the final budget, design schedule, and copies of any other agreements necessary
to begin construction.
Deliverables:
• 50% submittal — 3 bound copies, 1 electronic copy
• 90% submittal — 3 bound copies, 1 electronic copy
• Final submittal — 3 bound copies, 1 electronic copy
• Written Notification of Readiness to Construct
• Construction Timeline
Task 4.3 Design CNG Fueling Station
The goal of this task is to complete all required design work, bid documents and other
documents /approvals to initiate construction activities associated with CNG fueling station.
Approach:
• Evaluate two alternatives for fuel dispensing: locally at the Ellis -Creek facility, or
using a mobile fuel- dispensing truck. Summarize evaluation and
recommendations in a technical memorandum.
• Prepare functional and performance criteria for City- furnished equipment
• Prepare pre - purchase procurement documents for specialized equipment
• Develop design drawings and specifications for CNG fueling station.
• Develop bid documents for CNG fueling station.
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Develop proposed construction timeline from start of construction through
operation date.
Prepare a Written Notification of Readiness to Construct and provide to the CAM
the final budget, design schedule, and copies of any other agreements necessary
to begin construction.
Products:
• Draft and final Technical Memorandum — 1 electronic copy each
• 50% submittal — 3 bound copies, 1 electronic copy
• 90% submittal — 3 bound copies, 1 electronic copy
• Final submittal — 3 bound copies, 1 electronic copy
• Written Notification of Readiness to Construct
• Construction Timeline
TASK 5 ENGINEERING SERVICES DURING CONSTRUCTION (ESDC)
The goal of this task is to provide limited engineering services during construction to support the
City's construction - management team.
General Approach:
• Attend kickoff meeting
• Logging and responding to Contractor's requests for information (up to 50 RFIs)
• Logging and reviewing Contractor's submittals (up to 50)
• Change -order support
• Start -up assistance
• Review draft notices of readiness and completion
• As -built drawings
• Monthly site visits
Level of effort planned for the construction phase is limited to those facilities contemplated in
this scope of work and the list of drawings provided as an attachment. In the interest of
establishing construction -phase budgets for each facility the total budget for engineering -
support services listed above is prorated based on the design effort associated with each
facility. The following task designations have been established for budget tracking:
• Task 5.1 - ESDC for New Pipelines
• Task 5.2 - ESDC for Biogas Processing Unit
• Task 5.3 - ESDC for CNG Fueling Station
City- Provided Services:
• construction management and inspection services for duration of the construction
contract
Task 6 (not used)
Task 7 (not used)
Task 8 DATA COLLECTION AND ANALYSIS
The goal of this task is to collect operational data from the project, to analyze that data for
economic and environmental impacts, and to include the data and analysis in the Final Report.
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Approach:
• Develop data collection test plan.
• Troubleshoot any issues identified.
• Collect 6 months of throughput, usage, and operations data from the project
including, but not limited to:
o Maximum capacity of the new fueling system
o Gallons of gasoline and /or diesel fuel displaced (with associated mileage
information)
o Expected air emissions reduction, for example:
■ Non- methane hydrocarbons
■ Oxides of nitrogen
■ Non - methane hydrocarbons plus oxides of nitrogen
■ Particulate Matter
■ Formaldehyde
o Duty cycle of the current fleet and the expected duty cycle of future
vehicle acquisitions
o Specific jobs and economic development resulting from this project
• Identify any current and planned use of renewable energy at the facility.
• Identify the source of the alternative fuel.
• Describe any energy efficiency measures used in the facility that may exceed
Title 24 standards in Part 6 of the California Code Regulations.
• Provide data on potential job creation, economic development, and increased
state revenue as a result of expected future expansion.
• Provide a quantified estimate of the project's carbon intensity values for life -cycle
greenhouse gas emissions.
• Compare any project performance and expectations provided in the proposal to
Energy Commission with actual project performance and accomplishments.
• Collect data, information, and analysis described above and include in the Final
Report.
Deliverables:
• Data collection information and analysis will be included in the Final Report
Task 9 POST - CONSTRUCTION SERVICES
The goal of this task is to provide documentation that describes maintenance and operational
procedures for the new CNG processing and dispensing facilities. These procedures will be
incorporated into the City's existing SOP and O &M manuals using a format and level of detail
consistent with the current documents.
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Approach:
Document standard - operating procedures (SDP's) for inclusion in the City's
existing SOP manual.
Document maintenance procedures for inclusion in the City's existing O &M
manual.
Coordinate content of SOP and O &M materials with City's design consultant for
the digesters
City- Provided Documents and Services:
Provide record documents for facilities designed by others
Reproduction and incorporation into existing bound documents
Deliverables:
• Draft and final versions of Standard Operating Procedures (pdf and MSWord)
• Draft and final versions of O &M inserts (pdf and MSWord)
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Exhibit B — Fee Breakdown
City of Petaluma - B2B Project
Task No.
Description
Estimated
Cost
1
ADMINISTRATION
$103,878
2
AGREEMENTS, PERMITS AND OUTREACH
$59,672
3
(not in scope)
$0
4
BIOGAS- PROCESSING UNIT AND CNG- FUELING STATION — DESIGN SERVICES
$360,994
5
BIOGAS- PROCESSING UNIT AND CNG- FUELING STATION — CONSTRUCTION SERVICES
$298,340
6
(not in scope)
$0
7
(not in scope)
$0
8
DATA COLLECTION AND ANALYSIS
$131,280
9
POST - CONSTRUCTION SERVICES
$60,040
Recommended Fee Budget: $1,014,204
4/18/2016
27
Petaluma Biomass to Biofuel Project
10
T.k Name —'U" tart Finhh
2016 12017 2018 2019
1
T,,k 1 Administration 262days Wed 6 /1116 Thu 6/1/17
2
Task 1.1 Attend Kick-off 0 days Tue 617116 Tue 6/7116
0
Meeting
3
Task 1.2 GDIc.] N.kct 65 days Tue 6/28116 Tue 9/27/16
O 0 0 0
p.11— Meetings
B
Task 1.3 Final Meeting 0days Wed 8/24/16 Wed 8 /24/16
0
9
Task 1.4 Monthly 235 days Mon 6/13/16 Mon 5/8117
0 0 0 0 0 0 0 0 0 0 0 0
Progress Reports
22
Task 1.5 D,ft Final adays Thu 11/24/16 Thu 11/24/16
0
Report
23
Task 1.5 Final Report 0days Tue 12 /27/16 Tue 12/27116
0
24
Task 1.71dentify and 110 days Tue 12/27 /16 Sat S/27/17
Obtain Required P—r
25
Task 1.8 Obtain and 24 days Tue 12/27/16 Fri 1/27/17
E—e Subcontracts
26
T,,k 2Outceach 132 days Sun 12/4/16 $un6 /4/17
27
T.,k 4 Blogas Processing 223 days Wed 6 /1/16 Fri 4/7 /17
Unit and CNG Fueling
tali.. Design
2B
Task 4.10esign New 223 days Wed 6 /1/16 Fd 4/7/17
Pipelines
29
6094Design 134 days Wed 6 /1/16 Sun 12 /4/16
30
90°,6Desfgn 46 days Mon 12/5/16 Mon 2 /6/17
31
Final Design 44 days Tue 2/7 /17 Fr14/7/17
32
Task 4.2 Design Blogas 223 days Wed 6 11/16 Fri 4/7/17
Psocessing Unit
33
WADesign 134 days Wed 6/1/16 Sun 12/4/16
--
34
Write Procurement 11 days Mon 12 /5/16 Mon 12 /19/16
D-
35
R—Ne Pricing 11 days Tue 12 /20/16 Tue 1 /3/17
IM
36
App— 1day Wed 1 /4/17 Wed 1 /4/17
S
37
F.M.I. Blogas 174 days Thu 1 /5/17 Tue 9 /5/17
Processing Unit
30
peliveF 22 days Tue 9 /5/17 Wed 10/4/17
901% Design 46 days Mon 12 /5/16 Mon 2 /6/17
t=
39
40
Ffnal Design 44 days Tue 2/7/17 Fri 417117
41
Task 4.3 DesIgn CNG 223 days Wed 6 /1/16 Fd 4/1/17
Fueling S.U.n
41
60% Design 134 days Wed 6 /1/16 Sun 12 /4/16
43
901A Design 46 days M.. 12 /5/16 M.n 2/6117
44
Final DesIgn 44 days Tue2 /7/17 Fri 4/7/17
45
T,,k 5 Blogas Psocessing 262days Thu 6 /1 /1] Fri 6 /1/18
(Unit and cNG Fueling
S.U.n Construction
46
Bid 34 days Thu 6 11/17 Tue 7 /18/17
I
47
Award 32 days Tue 7/18/17 Wed 8 /30/17
4B
Task 5.1 Construct New 197 days Thu 8 /31/17 TH6 /1/18
Pipelines
49
Task 5.2 Constuct Blogas 197 days Thu 8 /31/17 Fri 6/1/18
Processing Unit
50
Task 5.3 Construct CNG 197days Thu 8 /31/17 Fri 6 11118
Fueling Statf.n
51
askBData C.11- ionand 132days Fri 6/1/18 Mon 12 /3/18
alysv
Pagel
Client/Address: City of Petaluma
3890 Cypress Drive
Petaluma, CA 94954
Contract/Proposal Date: April 18, 2016
Schedule of Charges
PERSONNEL COMPENSATION
Kennedy /Jenks Consultants
January 1, 2016
Classification
Hourly Rate
CAD - Technician ...................................................................
............................... $120
Designer- Senior Technician .................................................
............................... $155
Engineer- Scientist - Specialist 1 .............................................
............................... $130
Engineer- Scientist - Specialist 2 .............................................
............................... $150
Engineer- Scientist - Specialist 3 .............................................
............................... $165
Engineer- Scientist - Specialist 4 .............................................
............................... $180
Engineer- Scientist - Specialist 5 .............................................
............................... $195
Engineer- Scientist - Specialist 6 .............................................
............................... $220
Engineer- Scientist - Specialist 7 .............................................
............................... $245
Engineer- Scientist - Specialist 8 .............................................
............................... $260
Engineer- Scientist - Specialist 9 .............................................
............................... $280
Project Administrator ............................................................
............................... $115
Administrative Assistant .........................................................
............................... $95
Aide........................................................................................
............................... $75
Direct Expenses
Reimbursement for direct expenses, as listed below, incurred in connection with the work, will be at cost plus
ten percent for items such as:
a. Maps, photographs, 3rd party reproductions, 3rd party printing, equipment rental, and special supplies
related to the work.
b. Consultants, soils engineers, surveyors, contractors, and other outside services.
c. Rented vehicles, local public transportation and taxis, travel and subsistence.
d. Project specific telecommunications and delivery charges.
e. Special fees, insurance, permits, and licenses applicable to the work.
f. Outside computer processing, computation, and proprietary programs purchased for the work.
Reimbursement for vehicles used in connection with the work will be at the federally approved mileage rates or at a
negotiated monthly rate.
Reimbursement for use of computerized drafting systems (CAD), geographical information systems (GIS), and other
specialized software and hardware will be at the rate of $12 per hour.
Rates for professional staff for legal proceedings or as expert witnesses will be at rates one and one -half times
the Hourly Rates specified above.
Excise and gross receipts taxes, if any, will be added as a direct expense.
The foregoing Schedule of Charges is incorporated into the agreement for the services provided, effective January 1, 2016
through December 31, 2016. After December 31, 2016, invoices will reflect the Schedule of Charges currently in effect.
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INSURANCE REQUIREMENTS
F.XTTTRTT R -9.
Consultant's performance of the Services under this Agreement shall not commence until
Consultant shall have obtained all insurance required under this paragraph and such insurance
shall have been approved by the City Attorney as to form and the Risk Manager as to carrier and
sufficiency. All requirements herein provided shall appear either in the body of the insurance
policies or as endorsements and shall specifically bind the insurance carrier.
Consultant shall procure and maintain for the duration of the contract all necessary insurance
against claims now and in the future for injuries to persons or damages to property which may
arise from or in connection with the performance of the Services by the Consultant, the
Consultant's agents, representatives, employees and subcontractors. Required professional
liability insurance shall be maintained at the level specified herein for the duration of this
Agreement and any extension thereof and for twelve additional months following the Agreement
termination or expiration.
A. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage:
a. Personal injury;
b. Contractual liability.
2. Insurance Services Office form covering Automobile Liability, code 1 (any auto).
3. Workers' Compensation insurance as required by the State of California and
Employer's Liability Insurance.
4. Professional Liability insurance.
5. Such other insurance coverages and limits as may be required by the City.
B. Minimum Limits of Insurance
Consultant shall maintain limits no less than:
1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury
and property damage. If Commercial General Liability Insurance or other form
with a general aggregate liability is used, either the general aggregate limit shall
apply separately to this Agreement or the general aggregate limit shall be twice
the required occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property
damage.
3. Employer's Liability: Bodily Injury by Accident - $1,000,000 each accident.
Bodily Injury by Disease - $1,000,000 policy limit.
Bodily Injury by Disease - $1,000,000 each employee.
4. Professional Liability insurance: $1,000,000.
5. Such other insurance coverages and limits as may be required by the City.
C. Deductibles and Self - Insured Retentions
Any deductibles or self - insured retentions must be declared to and approved by the City.
At the option of the City, either: the insurer shall reduce or eliminate such deductibles or
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self - insured retentions as respects the City, its officers, officials, employees, and
volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and
related investigations, claim administration and defense expenses.
D. Other Insurance Provisions
The required general liability and automobile policies are to contain, or be endorsed to
contain the following provisions:
1. The City, its officers, officials, employees, agents and volunteers are to be
covered as Additional Insureds as respects: liability arising out of activities
performed by or on behalf of the Consultant; products and completed operations
of the Consultant; premises owned, occupied or used by the Consultant; or
automobiles owned, leased, hired or borrowed by the Consultant. The coverage
shall contain no special limitations on the scope of protection afforded to the City,
its officers, officials, employees, agents or volunteers.
2. For any claims related to this project, the Consultant's insurance coverage shall be
primary insurance as respects the City, its officers, officials, employees, agents
and volunteers. Any insurance or self - insurance maintained by the City, its
officers, officials, employees, agents or volunteers shall be excess of the
Consultant's insurance and shall not contribute with it.
3. Any failure to comply with reporting or other provisions of the policies including
breaches of warranties shall not affect coverage provided to the City, its officers,
officials, employees, agents or volunteers.
4. The Consultant's insurance shall apply separately to each insured against whom
claim is made or suit is brought except, with respect to the limits of the insurer's
liability.
5. Each insurance policy required by this clause shall be endorsed to state that
coverage shall not be suspended, voided, canceled by either party, reduced in
coverage or in limits except after thirty (30) days' prior written notice by certified
mail, return receipt requested, has been given to the City.
6. Consultant agrees to waive subrogation rights against City regardless of the
applicability of any insurance proceeds, and to require all contractors,
subcontractors or others involved in any way with the Services to do likewise.
7. It shall be a requirement under this Agreement that any available insurance
proceeds broader than or in excess of the specified minimum insurance coverage
requirement and /or limits shall be available to the additional insured.
Furthermore, the requirement for coverage and limits shall be (1) the minimum
coverage and limits specified in this Agreement, or (2) the broader coverage and
maximum limits of coverage of any insurance policy or proceeds available to the
named insured; whichever is greater.
8. The limits of insurance required in this Agreement may be satisfied by a
combination of primary and umbrella or excess insurance. Any umbrella or excess
insurance shall contain or be endorsed to contain a provision that such coverage
shall also apply on a primary and non - contributory basis for the benefit of the City
of Petaluma before the City of Petaluma's own insurance or self - insurance shall
be called upon to protect it as a named insured.
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E. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than
A NII.
F. Verification of Coverage
Consultant shall furnish the City with original endorsements effecting coverage required
by this clause. The endorsements are to be signed by a person authorized by that insurer
to bind coverage on its behalf. All endorsements are to be received and approved by the
City before the Services commence.
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