HomeMy WebLinkAboutStaff Report 3.A 09/16/2019DATE: September 16, 2019
TO: Honorable Mayor and Members of the City Council through City Manager
FROM: Dan St. John, F.ASCE — Director, Public Works & Utilities
Leah G. Walker, P.E. — Deputy Directory, Environmental Services
SUBJECT: Resolution Authorizing the City Manager to Execute a Professional Services
Agreement with Nick Barbieri Trucking LLC dba North Bay Petroleum for Fuel
Trailer Hauling Services for the 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 with Nick Barbieri Trucking LLC dba
North Bay Petroleum for Fuel Trailer Hauling Services for the Biomass-to-Biofuel Project.
BACKGROUND
The City of Petaluma is preparing to start up the Biomass-to-Biofuel project (B2B) which will
use methane gas produced at the Ellis Creek Water Recycling Facility (ECWRF) and turn it into
Compressed Natural Gas (CNG) to fuel the City's refuse vehicles. B2B is a local, sustainable
project to beneficially reuse wastes generated in the City.
The B2B project includes three primary components: a second anaerobic digester at the ECWRF,
a High Strength Waste receiving station, and gas conditioning equipment to clean and compress
the biogas to meet vehicle manufacturers' requirements and standards.
The CNG will be used to fuel new trucks in the refuse collection fleet operated by the City's
franchise refuse hauler, Recology Sonoma Marin. Over the next several years, Recology will
replace diesel -fueled vehicles with CNG -fueled vehicles and is projected to use 170,000 diesel
gallon equivalents of renewable CNG, reducing the production of greenhouse gas emissions. The
City will own the fueling equipment and use the fuel for the refuse fleet and other City vehicles.
The CNG will be transported from ECWRF to a fueling facility at Recology's site at 1309
Dynamic Street. Fuel trailer hauling and making connections at ECWRF and Recology is
expected to take two to three hours per day, six days per week. In June 2018 Council approved
the purchase of two Luxfer GTS Compressed Natural Gas Trailers.
Completion of the project is scheduled for September 2019.
A
DISCUSSION
Transporting a trailer with the gross vehicle weight of the fully loaded Luxfer GTS requires a
driver with a valid Commercial Class A license with hazardous material endorsement issued by
the California Department of Motor Vehicles, as well as a valid Hazardous Materials
Transportation License issued by the California Highway Patrol. The Public Works and Utilities
Department does not have staff with the required licenses and endorsements. Hauling the fuel
trailers and obtaining and maintaining these requirements is beyond the normal scope of
activities of employees within the department. A minimum one -ton truck is required for hauling
the trailers.
Given the specialized driver requirements and the nature of transporting flammable fuel, the City
has chosen to contract out these services and issued a Request for Proposals (RFP) on July 15,
2019 for fuel trailer hauling services. Five potentially qualified firms were contacted, and the
RFP was published in accordance with public bidding requirements.
Two proposals were received. The lowest price was from Nick Barbieri Trucking LLC dba North
Bay Petroleum located in Santa Rosa at a monthly cost of $9,166.67 per month; $110,000 for a
full year. The second proposal was submitted by Channel Union 76, Inc. from Roseville at a cost
of $49,920 per month.
The agreement with North Bay Petroleum is for a three-year term through June 30, 2022, with an
optional two-year extension to June 30, 2024 at the City's sole discretion. The agreement
specifies an annual adjustment to compensation based on the Consumer Price Index — San
Francisco Bay Area (CPI). The agreement includes a clause that the City will provide CNG fuel
at no cost to the Contractor if the Contractor uses a CNG -fueled vehicle for hauling services.
In 2011, Nick Barbieri Trucking started North Bay Petroleum to provide lubricants and fuels
within Sonoma, Marin, and Napa counties with a staff of over 100 drivers with hazardous
materials certifications and appropriate equipment to provide the hauling services. The company
has excellent references.
The proposed action meets several Council Goals under "Our Environmental Legacy,"
specifically:
#42 Find ways for City operations to reduce greenhouse gas emissions, conserve water,
decrease waste, and minimize use of fossil fuels and investigate and pursue options for
carbon sequestration.
#51 Complete Biomass to Biofuel project at the City's Ellis Creek Water Recycling Facility.
#52 Develop a framework to move the City and transit vehicle fleet from fossil -fuel based to
hybrid, renewable compressed natural gas, and/or electric vehicles and continue pursuing
grant funding opportunities for electric vehicles.
PUBLIC OUTREACH
This agenda item appeared on the City's tentative agenda document on Monday, September 9,
2019 which was a publicly -noticed meeting. Additional outreach on the 13213 project was
2
completed during the numerous council items for CEQA, planning, design, and award of the
three Capital Improvement Program projects which make up the larger 13213 project. Three public
presentations at industry conferences have been completed highlighting the 13213 project.
FINANCIAL IMPACTS
The agreement is for a period of three years at a projected cost of $313,500 for October 1, 2019
through June 30, 2022. The agreement can be extended for an additional two years, based on
satisfactory performance, at an additional cost of $245,000. Over the five-year period through
June 30, 2024, the cost shall not exceed $558,500. The total not to exceed amount includes a
three -percent per year rate increase estimated by staff based on historical changes to the CPI.
The proposed contract award is budgeted and funded through the sewer rates collected within the
wastewater enterprise fund and will be offset by revenues from the sale of CNG fuel to
Recology.
ATTACHMENTS
1. Resolution
2. Signed Professional Services Agreement
Attachment 1
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT WITH NICK BARBIERI TRUCKING
LLC DBA NORTH BAY PETROLEUM FOR FUEL TRAILER HAULING SERVICES
FOR THE BIOMASS-TO-BIOFUEL PROJECT
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, the City is implementing the Biomass-to-Biofuel (B2B) project to use
methane gas produced at the Ellis Creek Water Recycling Facility and turn it into Compressed
Natural Gas (CNG) to fuel the City's refuse vehicles; and
WHEREAS, converting City vehicles to CNG fuel will reduce greenhouse gas emissions
and reduce reliance on petroleum-based fuels; and
WHEREAS, CNG fuel will be produced at the Ellis Creek Water Recycling Facility
(ECWRF) and transported in trailers to the City's franchised refuse hauler's facility; and
WHEREAS, the transport of trailers loaded with CNG fuel is a specialized service
requiring specific equipment and drivers with commercial and hazardous material licenses and
endorsements; and
WHEREAS, the City intends to contract for the specialized CNG services; and
WHEREAS, the City issued a Request for Proposals for the Fuel Trailer Hauling
services ("RFP") on July 15, 2019, which was circulated to professionally qualified firms for
responses; and
WHEREAS, the City received two responsive proposals to the RFP for fuel trailer
hauling services; and
WHEREAS, the proposals were reviewed based on cost and qualification criteria listed
in the RFP; and
WHEREAS, Nick Barbieri Trucking LLC dba North Bay Petroleum satisfied the City's
qualification criteria and submitted the lowest price proposal; and
WHEREAS, the agreement with North Bay Petroleum is for a three-year term through
June 30, 2022, with an optional two-year extension to June 30, 2024 at the City's sole discretion;
and
F.
WHEREAS, the agreement is for a projected cost of $313,500 through June 30, 2022
and, if extended for an additional two years, a total projected cost of $558,500 through June 30,
2024.
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
with Nick Barbieri Trucking LLC dba North Bay Petroleum for Fuel Trailer Hauling Services for
the Biomass-to-Biofuel Project.
Attachment 2
Exhibit A to Resolution
PROFESSIONAL SERVICES AGREEMENT
Fuel Trailer Hauling Services
(Title of Project)
FY 19/20
Fund # 66700
Cost Center 54310
Object Code
Project #
Amount $82,500
For
multi-year contracts or contracts with multiple accounts:
FY 20/21
Fund # 66700
Cost Center 54310
Object Code
Project #
Amount $114,000
FY 21/22
Fund # 66700
Cost Center 54310
Object Code
Project #
Amount $117,000
FY 22/23
Fund # 66700
Cost Center 54310
Object Code
Project #
Amount $121,000
FY 23/24
Fund # 66700
Cost Center 54310
Object Code
Project #
Amount $124,000
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 Nick Barbieri Trucking, LLC dba North
Bay Petroleum, a Limited Liability Company ("Contractor") (collectively, the "Parties").
WHEREAS, the Parties enter into this Agreement for the purpose of Contractor 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. Contractor shall provide the seivices 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 Contractor in accordance with the rates specified in Exhibit A.
B. Contractor 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. Contractor shall be compensated for services in addition to those described in
Exhibit A, only if Contractor 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 $558,500 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, Contractor shall not be paid any
compensation until such time as Contractor has on file with the City Finance
Department a current W-9 form available from the IRS website (wwwJrs.gov)
and has obtained a currently valid Petaluma business tax certificate.
PROFESSIONAL SERVICES AGREEMENT
Sept2018 6
E. City's obligation to pay compensation to Contractor as provided herein is
contingent upon Contractor's performance of the Services pursuant to the terms
and conditions of this Agreement and any amendments thereto.
Term. The term of this Agreement cornmences on the Effective Date and terminates on
June 30, 2022, unless sooner terminated in accordance with Section 4. City may, in its
sole discretion based on Contractor's performance under this agreement, extend this
agreement for one additional two-year term, up to June 30, 2024. The value for the
additional two-year period will be $245,000; the new total not to exceed amount for the
entire 5 year term of the contract will be $558,500. Upon termination, any and all of
City's documents or materials provided to Contractor 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 Contractor or Contractor's bankruptcy or insolvency. Upon
receipt of notice of termination or suspension for cause, Contractor shall immediately
stop all work in progress under this Agreement. In the event of early termination of this
Agreement by City, Contractor 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, Contractor shall be liable to City for any excess cost City
incurs for completion of the Services. _
5. Contractor's Representation; Independent Contractor. Contractor represents that
Contractor possesses distinct professional skills in performing the Services. City has
relied upon said representation as a material inducement to enter into this Agreement.
Contractor shall, therefore, provide properly skilled professional and technical personnel
to perform all Services under this Agreement. It is expressly understood that Contractor
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. Contractor 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 Contractor no facilities or equipment, unless the City
otherwise agrees in writing to provide the same.
7. Licenses, Permits, Etc. Contractor shall, at Contractor'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.
Time. Contractor shall devote such time to the performance of the Set -vices as may be
reasonably necessary for satisfactory performance of Contractor's obligations pursuant to
this Agreement.
PROFESSIONAL SERVICES AGREEMENT
Sept2018 7
9. Inspection. Contractor 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
inspection and approval by the City. The inspection of such work shall not relieve
Contractor of any of its obligations pursuant to this Agreement.
10. Progress Reports. Upon the City's request, Contractor 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 Contractor's
performance of the Services.
11. Confidentiality. In the course of Contractor's employment, Contractor may have access
to trade secrets and confidential information, disclosure of which is protected or limited
by law. Contractor 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. Contractor 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. Contractor further covenants that, in the performance of this Agreement, it
shall not employ any subcontractor or person having such a conflict of interest.
Contractor 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, Contractor will immediately advise City and City may, at its
sole discretion, immediately terminate this Agreement. Certain Contractors 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 Contractors
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. Contractor agrees to comply
fully with all such requirements to the extent they apply to Contractor's performance of
the Services.
13. Contractor No Agent. Except as City may specify in writing, Contractor shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Contractor shall have no authority, express or implied, pursuant to this Agreement
to bind City to any obligation whatsoever.
14. Standard of Performance. Contractor shall perform all the Services in a manner
consistent with the standards of Contractor's profession. All instruments of service of
whatsoever nature, which Contractor delivers to City pursuant to this Agreement, shall be
prepared in a substantial, workmanlike manner and conform to the standards of
Contractor's profession. All such instruments of set -vice 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.
3
PROFESSIONAL SERVICES AGREEMENT
Sept 2018 8
16. Subcontractors. Contractor 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
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. Contractor 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. Contractor'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, Contractor shall comply with
all rules and regulations applicable to such fiscal assistance.
18. Living Wale Ordinance. Without limiting the foregoing Section 17, Contractor 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 Contractor shall promptly provide to the City documents
and information verifying Contractor'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 Contractors 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. Contractor'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, Contractor 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;
PROFESSIONAL SERVICES AGREEMENT
Sept 2018 9
(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
(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. Public Works and Utilities Department
202 N. McDowell Blvd.
Petaluma, CA 94954
Phone: 707-776-3777
Fax:
Email: mpierce@cityofpetaluma.org
Contractor: David Ringstrom
Nick Barbieri Trucking, LLC dba North Bay Petroleum
365 Todd Road
Santa Rosa, CA 95407
Phone: 707-799-0478
Fax:
Email: ringer a,barbieritruckin
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 Contractor 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, Contractor 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 liability,
loss, damage, claims, suits, actions, arbitration proceedings, administrative proceedings,
regulatory proceedings, civil penalties and fines, expenses and costs (including, without
PROFESSIONAL SERVICES AGREEMENT
Sept 2018 10
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 Contractor's failure to comply with any of the tei7ns of
this Agreement, regardless of any fault or alleged fault of the Indemnitees.
The Contractor's obligation to indemnify, defend and hold harmless under this provision
shall not be excused because of the Contractor's inability to evaluate Liability, or because
the Contractor evaluates Liability and determines that the Contractor is not or may not be
liable. The Contractor 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 Contractor 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 Contractor
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 Contractor accepts the tender, whichever occurs first. In the event that the City
must file responsive documents in a matter tendered to Contractor prior to Contractor's
acceptance of tender, Contractor 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 Contractor waives any and all rights to express or implied indemnity against the
Indemnitees concerning any Liability of the Contractor arising out of or in connection
with the Services or Contractor's failure to comply with any of the terms of this
Agreement. The defense and indemnification obligations of this Agreement shall no way
be limited by, the insurance obligations that apply to this Agreement pursuant to Section
23.
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,
Contractor'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, Contractor's duty to indemnify shall only be to the maximum extent permitted by
California Civil Code Section 2782.8.
23. Insurance. Contractor shall comply with the "Insurance Requirements for Contractors"
in Exhibit B, attached hereto and incorporated herein by reference.
City reserves the right to review any and all of the required insurance policies and/or
endorsements, but has no obligation to do so. City's failure to demand evidence of full
compliance with the insurance requirements set forth in this Agreement or City's failure
to identify any insurance deficiency shall not relieve Contractor from, nor be construed or
deemed a waiver of, its obligation to maintain the required insurance at all times during
the performance of this Agreement.
Cel
PROFESSIONAL SERVICES AGREEMENT
Sept 2018 1 l
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 Contractor's
services hereunder, Contractor, 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.
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 party.
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. Contractor's Books and Records.
A. Contractor 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 Contractor pursuant to this Agreement.
B. Contractor 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
PROFESSIONAL SERVICES AGREEMENT
Sept 2018 12
upon, the records shall be available at Contractor'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 Contractor'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 Contractor, Contractor's representatives, or
Contractor's successor in interest.
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 Contractor
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
file name: North Bay Petroleum PSA 08-2019.doc
CONTRACTOR
BY—_2 /��r1y/D�✓�s��,a
Name
Title
3y�/
Address
lJeWl 6� 9soysi
City State Zip
6�-()313?2'O
Taxpayer I.D. Number
Petaluma Business Tax Certificate Number
PROFESSIONAL SERVICES AGREEMENT
Sept 2018
13
upon, the records shall be available at Contractor'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 Contractor'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 Contractor, Contractor's representatives, or
Contractor's successor in interest.
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 Contractor
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
file name: North Bay Petroleum PSA 08-2019.doe
CONTRACTOR
By
Name
Title
Address
City State zip
Taxpayer I.D. Number
Petaluma Business Tax Certificate Number
PROFESSIONAL SERVICES AGREEMENT
Sept 2018 14
EXHIBIT A
SCOPE OF SERVICES
FOR FUEL TRAILER HAULING SERVICES
Table of Contents
SPECIFICATIONS
1. Work Covered
2. Description of Services
2.1 Standard Services
2.2 As Needed Services
2.3 Additional Services
3. Site Information
3.1 ECWRF Gas Connection
3.2 Recology Site Gas Connection
3.3 Fuel Trailer Description
4. Equipment Specifications
5. Driver Requirements
6. Regulatory Compliance
7. General Limitations And Requirements
7.1 Business License
7.2 Protection Of Property
7.3 Wastewater Operations
7.4 Refuse Services
8. ECWRF Access and Traffic Control
9. Contractor's Representative
10. Safety Requirements
11. Restoration Of Existing Facilities
12. Compensation, Invoicing, and Payment
12.1 Measurement and Payment
12.2 Adjustment to Compensation
12.3 CNG Vehicle
ATTACHMENTS
A-1 Services Cost Schedule
A-2 Site Plan Ellis Creek Water Recycling Facility
A-3 Site Plan Recology Sonoma Marin
15
SPECIFICATIONS
1. WORK COVERED
The work covered under this specification consists of performing all operations in connection
with the accomplishment of fuel trailer hauling services. The Contractor shall furnish all
labor and equipment needed to perform satisfactorily the services herein specified. The
Standard Services consist of towing fuel trailers filled with renewable Compressed Natural
Gas (CNG) produced at the Ellis Creek Water Recycling Facility (ECWRF) at 3890 Cypress
Drive, Petaluma, CA to the site of the City's franchise refuse hauler, Recology Sonoma
Marin at 1309 Dynamic Street, Petaluma, CA, and returning unfilled trailers to the ECWRF,
six days per week. The work includes additional As Needed Services to tow filled or unfilled
CNG trailers to other sites within the region, and additional services as described.
2. DESCRIPTION OF SERVICES
2.1 Standard Services: Contractor shall furnish a suitable vehicle and qualified driver(s)
for hauling of City's CNG fuel trailers from ECWRF to Recology site at 1309 Dynamic
Street in Petaluma. Contractor shall tow a filled CNG trailer from the ECWRF fuel
supply system and transport the trailer on public roads to the Recology site. Contractor
shall disconnect unfilled trailer from Dynamic Street fuel dispensing system, position
the filled trailer, and connect the filled trailer to the dispensing system. Contractor shall
return unfilled trailer to ECWRF and connect it to the fuel supply system at ECWRF.
At Contractor's discretion, the sequence of events may be modified. The CNG trailers
will be connected at Recology's site via a standard vehicle fueling hose to a time -fill
station equipped with a booster compressor to fuel up to 20 refuse trucks over an eight-
hour period. In normal operations, one trailer would be connected to the filling station
at ECWRF and be filled with renewable compressed natural gas to working pressure of
3,600 psig, while the other would be connected to the time -fill station at the refuse
hauler's facility for filling of the trucks. The trailers would be swapped out once each
day, six days a week, Monday through Saturday.
2.2 As Needed Services: The City may occasionally require the Contractor to fill fuel
trailers at other sites, or to transport filled trailers to other sites or users within 50 miles
of ECWRF. Contractor shall provide a cost per mile for vehicle use and a cost per hour
for labor for these services. As Needed Services will be paid at vehicle cost per mile
plus driver cost per hour. To the extent possible, City will provide Contractor with a
minimum of 24 hours' notice for such services.
2.3 Additional Services: Contractor shall provide Basic Inspection of Terminals (BIT)
inspection for each trailer and Vehicle Identification Number (VII) verification for
each trailer. Should trailer(s) experience breakdown while being used for Services,
Contractor shall provide necessary repair services and replacement parts.
Page 2
16
3. SITE INFORMATION
3.1 ECWRF GAS CONNECTION: CNG will be accessed at ECWRF at the fueling
station located at the CNG processing site shown in the ECWRF site plan included as
Attachment A-2. The fuel supply system incorporates NGV 1 Type 2 nozzles.
3.2 RECOLOGY SITE GAS CONNECTION: Site address: 1309 Dynamic Street,
Petaluma. CNG will be dispensed from the trailer via a standard vehicle fueling hose to
the time -fill station equipped with a booster compressor to fuel up to 20 refuse trucks
over an eight hour period shown in the Recology site plan included as Attachment A-3.
If the Recology site moves during the contract period but does not increase the average
hauling time by more than 5 minutes, no adjustment in price will be considered.
3.3 FUEL TRAILER DESCRIPTION: The City has purchased two trailers with enclosed
fuel storage vessels for mobile fueling services. The following information on each
trailer is provided to assist Contractor in developing a proposal. Additional information
available upon request.
Fuel Module Make/Model:
Trailer and Fuel Model Tare Weight:
Estimated Gross Vehicle Weight loaded:
Trailer Axles:
Trailer Hitch Type:
Trailer Jacks:
Trailer Width:
Trailer Length:
Total Trailer and Gooseneck Length:
Total Height Trailer and Fuel Module:
Fuel Capacity (Gas Gallon Equivalents)
Fuel Connection —Filling:
Fuel Connection — Dispensing:
Brakes:
Safety Features:
4. EQUIPMENT SPECIFICATIONS
Luxfer GTM2350
13,000 lbs
.17,000 lbs
Dual tandem axle 12,000 lb 8 lug
Gooseneck
Dual 12,000 lb drop leg jacks (spring
loaded)
8.5 feet
16.25 feet
24.67 feet
10.75 feet
704 GGE
NGV1 Standard CNG Vehicle Fueling
Standard fuel nozzle
All wheel electric brakes on all axles
All required DOT lighting, safety chains,
reflective tape, emergency break -a -way
switch, and two heavy duty safety chains
Contractor shall provide a minimum of one truck to provide services to City. Hauling
equipment shall meet the following requirements.
• Vehicle capable of pulling the loaded Gross Vehicle Weight of the fuel trailer
described above (one -ton pickup or comparable) suitable for hauling CNG trailer over
public streets
• Vehicle shall comply with Department of Transportation requirements.
• Vehicle shall be equipped with a fire extinguisher and emergency warning devices as
required by federal regulations 40 CFR Part 172.
Page 3
17
Optional: If Contractor provides CNG -fueled vehicle, City will provide CNG fuel
necessary to provide Services at no cost to Contractor. Refer to Section 12 for
compensation.
Contractor shall, at his sole cost and expense, furnish all equipment that may be required for
providing services pursuant to this agreement. The City of Petaluma shall furnish to
Contractor no facilities or equipment, unless the City otherwise agrees in writing to provide
the same. The City of Petaluma shall not be responsible for damage to or loss of Contractor's
equipment, supplies, or property left on the premises.
5. DRIVER REQUIREMENTS
Contractor shall provide a minimum of one qualified driver to provide services to City.
Driver(s) shall meet the following requirements:
• Contractor's driver(s) shall have a valid Commercial Class A License with Hazardous
Material endorsement issued by the California Department of Motor Vehicles.
• Contractor's driver(s) shall have a valid Hazardous Materials Transportation License
issued by the California Highway Patrol.
• Contractor's driver(s) shall have at least three years of experience driving trucks
similar to the vehicle specified and shall have had no misdemeanor moving violations
or preventable accidents for beginning one year prior to the Agreement term and
throughout the Agreement term in either commercial or personal vehicles.
• Contractor's driver(s) shall be courteous and neat and clean in appearance and shall
have sufficient proficiency in English speaking skills to communicate clearly and
understand verbal and written directions given by the ECWRF operations staff and as
required to perform Services for City.
• Contractor's driver(s) shall comply with state and federal reporting requirements for
accidents and incidents.
All vehicles utilized by the Contractor in the performance of the Contract shall be kept in a
clean, operable, and safe condition acceptable to the City at all times and vehicles and drivers
shall present a respectable image to the community.
6. REGULATORY COMPLIANCE
Contractor shall maintain compliance with applicable requirements of all federal, state and
local laws and regulatory agencies having jurisdiction over the Services covered under this
Agreement, including, but not limited to the regulatory requirements in effect as of the
commencement of this Agreement. Requirements applicable to the Services include, but are
not limited to, the following:
Contractor shall comply with federal regulations 40 CFR Part 172 for transport of
flammable gas (Hazardous Material Division 2.1), including a Safety and Security
plan for transport of hazardous materials (Subpart I) and emergency response
information (Subpart G).
Contractor must possess and maintain in effect for the duration of this contract all necessary
regulatory approvals, permits, licenses and certifications required to perform the services.
Page 4
18
7. GENERAL LIMITATIONS AND REQUIREMENTS
7.1 Business License: Contractor shall obtain a business license from the City of Petaluma
prior to contract execution. Processing of a business license takes approximately ten
business days. Contractor shall apply for a business license no later than five calendar
days following the Award of the Agreement.
7.2 Protection of Property: Contractor shall be responsible for the protection from its
activities of public and private property at and adjacent to the ECWRF site and the
Recology site, and shall exercise due caution to avoid damage to such property.
Contractor shall repair or replace all existing improvements that are damaged or
removed as a result of its operations, at no cost to the City. If Contractor fails to make
any repair or replacement when required by City, City may in addition to all other
available remedies, repair or replace or have repaired or replaced the damaged or
removed improvements and deduct the cost from amounts due or that may become due
to Contractor under the Agreement.
7.3 Wastewater Operations: The ECWRF is an operating municipal wastewater
treatment plant and the Contractor shall coordinate all Services that occur at the
ECWRF site with the City and the City's other contractors and service providers and
shall not in any way impede or impair the operations of the treatment plant or other
work at the site.
7.4 Refuse Services: Contractor's operations at the Recology site shall not impede or
impair the refuse management services or other activities at the Recology site.
S. ECWRF ACCESS AND TRAFFIC CONTROL
Contractor's haul vehicles shall enter and exit only at the designated entrance gate to the
ECWRF. The site plan for the ECWRF is shown on drawings included as Attachment A-1.
The speed limit on the ECWRF shall be ten (10) miles per hour maximum for all vehicles.
On the ECWRF site the Contractor's vehicles shall be limited to designated roadways and
shall follow routes designated by City.
Contractor shall take all necessary steps to minimize inconvenience to the treatment plant
operations and the public throughout the performance of Services. No public or treatment
plant driveways, fire lanes, or roads shall be blocked by Contractor's vehicles and safe access
shall be maintained for treatment plant operations and the public at all times.
Contractor may not use City's ECWRF for repairs or storage of equipment and supplies.
9. CONTRACTOR'S REPRESENTATIVE
Contractor shall designate in writing before starting work an authorized representative who
shall have the authority to represent and act for the Contractor for the duration of the
Agreement. Any change in the designation shall require prior review and acceptance by
City.
Page 5
19
In the case of urgency or emergency where Contractor's authorized representative is not
present on any particular part of the work and where the City wishes to give notification or
direction, it will be given to and be obeyed by any of the Contractor's workers in the area.
10. SAFETY REQUIREMENTS
Contractor shall comply with all CAL/OSHA, Department of Transportation and all other
applicable safety requirements. It shall be the Contractor's sole responsibility for malting
sure that these safety requirements are met, and the Contractor shall fully assume all
liabilities for any damages and/or injuries resulting from its failure to comply with the safety
requirements. Failure on City's part to stop unsafe practices shall, in no way, relieve the
Contractor of its responsibility.
Contractor shall inform all workers that the ECWRF is a wastewater treatment facility and
each worker shall review ECWRF site safety procedures and shall sign a contractor safety
checklist prior to commencement of any wont at the treatment plant as required by City.
Contractor shall notify City within one hour of any reportable accident, injury, or
occupational illness occurring during the performance of Services for this Agreement or
occurring to Contractor's workers while at the ECWRF.
11. RESTORATION OF EXISTING FACILITIES
Whenever existing facilities/improvements such as pavements, berms, roads, signs, curbs, or
other improvements, have been damaged by Contractor's operation, such
facilities/improvements shall be restored/repaired to their original conditions as required by
City. All costs involved in restoring existing facilities/improvements shall be borne by
Contractor and no additional compensation will be allowed therefore.
12. COMPENSATION INVOICING AND PAYMENT
12.1 Measurement and Payment: Contractor shall submit monthly invoices to City at the
contracted price for Standard Services as shown in Attachment A-1. As Needed
Services, if authorized by City, shall be billed at the contracted vehicle cost per mile
plus driver cost per hour as shown in Attachment A-1. Additional Services shall be
compensated as shown in Attachment A-1. Any other compensation shall be as noted
in Section 12.2 "Adjustment to Compensation", and as otherwise agreed to in writing
by both parties. Contractor agrees that the compensation specified herein includes all
of its overhead, capital costs, permit fees, reporting fees, verification and training fees,
and represents all costs to haul fuel trailers including but not limited to furnishing all
labor, equipment, materials, vehicles, fees, maintenance, insurance, permitting,
monitoring, and reporting as described herein. No other expenses or costs associated
with the Services may be invoiced to City.
12.2 Adjustment To Compensation: The charges shall be reviewed and adjusted as
necessary on July 1 of each year. No adjustments shall be made until July. 1, 2020.
The adjustment to compensation shall be as follows:
Standard Services: The monthly charge for hauling fuel trailers shall be increased or
decreased by the change as measured by change to the U.S. Department of Labor
Page 6
20
Bureau of Labor Statistics All Urban Consumer Price Index — San Francisco Bay Area
(CPI) for the annual percent change based on data for the month of March for the
previous calendar year.
As Needed Services: The vehicle charge per mile shall be adjusted based on the price
of fuel and the driver cost per hour shall be adjusted based upon the CPI as noted for
Standard Services.
12.3 CNG Vehicle: If Contractor provides CNG -fueled vehicle, City will provide CNG
fuel necessary to provide Services at no cost to Contractor.
ATTACHMENTS
A-1 Services Cost Schedule
A-2 Site Plan Ellis Creels Water Recycling Facility
A-3 Site Plan Recology Sonoma Marin
Page 7
21
ATTACHMENT A -I
SCOPE OF SERVICES
FOR FUEL TRAILER HAULING SERVICES
SERVICES COST SCHEDULE
For the full performance of services set forth in the Scope of Services as described herein, CITY
shall compensate CONTRACTOR using the following unit costs. No other expenses or costs
associated with the Services may be invoiced to the CITY, except as noted in Section 12
"Compensation, Invoicing, And Payment", and as otherwise agreed to in writing by both parties:
STANDARD SERVICES
Fuel trailer hauling services (total net
charge including driver, equipment
and all other expenses)
AS NEEDED SERVICES
Fuel trailer hauling services to sites
within 50 miles of ECWRF (total
charges include vehicle cost per mile
plus driver cost per hour)
Basic Inspection of Terminals
(BIT) INSPECTION
ON ROAD BREAKDOWN
SERVICES FOR TRAILER
Vehicle Identification Number
(VIN) VERIFICATION
Total Monthly Cost
$ 9,166.67
Total Yearly Cost
110.000
Vehicle Cost per Mile Driver Cost per Hour
20
$150 per trailer
$150 per hour plus parts
$100 per trailer
$ 50.00
Page 8
22
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EXHIBIT B
INSURANCE REQUIREMENTS
BIOSOLIDS HAULING SERVICES
Contractor's performance of the Services under this Agreement shall not commence until Contractor
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.
Contractor 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 Contractor, the Contractor's agents,
representatives, employees and subcontractors.
A. Required Minimum Scope of Insurance
Coverage shall be at least as broad as:
N Insurance Services Office Commercial General Liability coverage:
a. Personal injury;
b. Contractual liability.
N Insurance Services Office form covering Automobile Liability (any auto).
N Workers' Compensation insurance as required by the State of California and
Employer's Liability Insurance.
N Contractors Pollution Liability Insurance
B. Minimum Limits of Insurance
Consultant shall maintain limits no less than:
N General Liability: $5,000,000 per occurrence, including products and completed
operations, for risks associated with Biosolids Hauling Services. If a Commercial General
Liability Insurance or other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to this Agreement or the general aggregate limit shall
be at least twice the required occurrence limit. Such coverage shall include, but shall not be
limited to, protection against claims arising from property damage, bodily and personal
injury, including death resulting therefrom, and damage to property resulting from activities
contemplated under this Agreement.
N Automobile Liability: $5,000,000 per occurrence, covering any auto, combined single
limit coverage for risks associated with this Agreement. Such coverage shall include, but
shall not be limited to, protection against claims arising from property damage, personal
injury. Note: The automobile liability policy shall be endorsed to delete the pollution
exclusion and add the Motor Carrier Act endorsement (MCS -90), TL 1005, TL 1007 and/or
other endorsements required by federal or state authorities.
N 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.
N Contractors Pollution Liability and/or Errors & Omissions applicable to the work being
performed, with limits no less than $2,000,000 per occurrence or claim and $4,000,000
aggregate per policy period of one year. If the policy provides coverage on a claims -made
basis, the retroactive date must be shown and must be before the date of the Agreement or
the beginning of the contract work.
INSURANCE REQUIREMENTS (Cit)') 29
Dec 2018
C. Deductibles and Self -Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At
the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-
insured retentions as respects 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. Policies containing any self-
insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may
be satisfied by either the named insured (Contractor) or the City.
City reserves the right to review any and all of the required insurance policies, declaration
pages, and/or endorsements, but has no obligation to do so. City's failure to demand evidence
of full compliance with the insurance requirements set forth in this Agreement or City's
failure to identify any insurance deficiency shall not relieve Contractor from, nor be
construed or deemed a waiver of, its obligation to maintain the required insurance at all times
during the performance of this Agreement.
D. Other Insurance Provisions
The required general liability and automobile policies are to contain, or be endorsed to
contain the following provisions:
1. Additional Insured: 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. Primary and Non -Contributory: 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. Waiver of Subrogation: Consultant agrees to waive subrogation rights for
commercial general liability, automobile liability and worker's compensation 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
INSURANCE REQUIREMENTS (Cit)') 30
Dee 2018
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.
E. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than
AXIL
F. Verification of Coverage
NOTE: The City of Petaluma is now using an online insurance program, PINS
Advantage. Once you have been awarded a contract with the City of Petaluma, you will
receive an e-mail from PINS Advantage/City of Petaluma requesting that you forward
the e-mail to your insurance agent(s). Consultant shall furnish the City with Certificate of
Insurance along with Declarations and 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.
INSURANCE REQUIREMENTS (Cit)') 31
Dec 2018
EXHIBIT C
ACKNOWLEDGEMENT AND CERTIFICATION PURSUANT TO
CITY OF PETALUMA LIVING WAGE ORDINANCE
PETALUMA MUNICIPAL CODE CHAPTER 8.36
The City of Petaluma Living Wage Ordinance ("Ordinance"), Petaluma Municipal Code Chapter
8.36, applies to certain service contracts, leases, franchises and other agreements or funding
mechanisms providing financial assistance (referred to hereafter as an "Agreement") between
the City of Petaluma ("City") and/or the Petaluma Community Development Commission
("PCDC") and contractors, lessees, franchisees, and/or recipients of City and/or PCDC funding
or financial benefits ("covered entities").
Pursuant to Petaluma Municipal Code Section 8.36.120, as part of any bid, application or
proposal for any Agreement subject to the Ordinance, the covered entity shall:
® Acknowledge that the covered entity is aware of the Ordinance and intends to comply
with its provisions.
Complete the Report of Charges, Complaints, Citations and/or Findings contained in this
Acknowledgement and Certification by providing information, including the date, subject
matter and manner of resolution, if any, of all wage, hour, collective bargaining,
workplace safety, environmental or consumer protection charges, complaints, citations,
and/or findings of violation of law or regulation by any regulatory agency or court
including but not limited to the California Department of Fair Employment and Housing,
Division of Occupational Safety and Health (OSHA), California Department of Industrial
Relations (Labor Commissioner), Environmental Protection Agency and/or National
Labor Relations Board, which have been filed or presented to the covered entity within
the ten years immediately prior to the bid, proposal, submission or request.
Pursuant to Petaluma Municipal Code Section 8.36.120, before the beginning of the term of any
covered Agreement, or prior to the execution of said Agreement by the City or the PCDC, each
covered entity shall certify that its employees are paid a living wage that is consistent with
Petaluma Municipal Code Chapter 8.36.
By executing this Acknowledgement and Certification, the covered entity (i) acknowledges that
it is aware of the Ordinance and intends to comply with its provisions, (ii) attests to the accuracy
and completeness of information provided in the Report of Charges, Complaints, Citations
and/or Findings contained herein, (iii) certifies that it pays its covered employees a Living Wage
as defined in Petaluma Municipal Code Chapter 8.36 and (iv) attests that the person executing
this Acknowledgement and Certification is authorized to bind the covered entity as to the matters
covered in this Acknowledgment and Certification.
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LIVING WAGE ACKNOWLEDGEMENT
AND CERTIFICATION
(1638697.2) Nov 2012
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SO ACKNOWLEDGED and CERTIFIED:
Project or Contract I.D:
All,- /���i��,i Tip����vc. L.[,e Date
(Print Name of Covered Entity/Business Capacity)
ByLL Ilb
_ -
(Print Name)
(Signature)
Its ii�n ✓s�az��ria ✓ %�% cv� n_
(Title /Capacity of Authorized Signer)
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LIVING WAGE ACKNOWLEDGEMENT
AND CERTIFICATION
(1638697.2) Nov 2012
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REPORT OF CHARGES, COMPLAINTS, CITATIONS AND/OR FINDINGS
PURSUANT TO PETALUMA MUNICIPAL CODE SECTION 8.36.120
FOR EACH WAGE, HOUR, COLLECTIVE BARGAINING, WORKPLACE SAFETY, ENVIRONMENTAL OR
CONSUMER PROTECTION CHARGE, COMPLAINT, CITATION, AND/OR FINDING OF VIOLATION OF LAW
OR REGULATION BY ANY REGULATORY AGENCY OR COURT, INCLUDING BUT NOT LIMITED TO THE
CALIFORNIA DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING, DIVISION OF OCCUPATIONAL
SAFETY AND HEALTH (OSHA), CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (LABOR
COMMISSIONER), ENVIRONMENTAL PROTECTION AGENCY AND/OR NATIONAL LABOR RELATIONS
BOARD, WHICH:
® AFFECTS YOU AS A PROSPECTIVE CONTRACTOR, SUBCONTRACTOR, LESSEE, FRANCHISEE
AND/OR PARTY TO ANY CITY OF PETALUMA AND/OR PETALUMA COMMUNITY
DEVELOPMENT COMMISSION -FUNDED AGREEMENT OR BENEFIT SUBJECT TO PETALUMA
MUNICIPAL CODE CHAPTER 8.36 (LIVING WAGE ORDINANCE), AND
® HAS BEEN FILED OR PRESENTED TO YOU WITHIN THE TEN YEARS IMMEDIATELY PRIOR TO THE
BID, PROPOSAL, SUBMISSION OR REQUEST FOR WHICH THIS ACKNOWLEDGEMENT AND
CERTIFICATION IS MADE.
PLEASE PROVIDE THE DATE, THE REGULATORY AGENCY OR COURT MAKING THE CHARGE
COMPLAINT, CITATION OR FINDING, THE SUBJECT MATTER AND THE MANNER OF RESOLUTION, IF
ANY, FOR EACH SUCH CHARGE COMPLAINT, CITATION OR FINDING.
IF NONE, PLEASE STATE "NONE":
ATTACH ADDITIONAL PAGES IF NEEDED.
Date:2 of `j
Regulatory Agency or Court: Co, -11-1 CeWmr
Subject Matter: G2i rji :. /'�cc; ✓ v� d 1'%i�Yof4.L� �✓ixr.�2 37I-4 o C041PLAII-�- ,P62 �✓�cu ��aL
Resolution, if any: �£.✓a�-�6 /�9s.Q t.�> >�
Expected resolution, if known: Al- TI41 E✓
Page 3 of 3
LIVING WAGE ACKNOWLEDGEMENT
AND CERTIFICATION
(1638697.2) Nov 2012
34