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HomeMy WebLinkAboutC-4420 CITY OF ARCADIA PROFESSIONAL SERVICES AGREEMENT REGARDING ARCADIA COMPRESSED NATURAL GAS FUELING STATION FEASIBILITY STUDY This Agreement is made and entered into as of ‘,.J(,11/4 t \L\ , 202 by and between the City of Arcadia, a municipal corporation organized anoperating under the laws of the State of California with its principal place of business at 240 West Huntington Drive, Arcadia, California 91066 ("City"), and Fuel Solutions, Inc., a California based corporation with its principal place of business at 5755-A Uplander Way, Culver City, CA 90230 (hereinafter referred to as "Consultant"). City and Consultant are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement. RECITALS A. City is a public agency of the State of California and is in need of professional services for the following project: ARCADIA COMPRESSED NATURAL GAS FUELING STATION FEASIBILITY STUDY (hereinafter referred to as "the Project"). B. Consultant is duly licensed and has the necessary qualifications to provide such services. C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein. AGREEMENT NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. Services. Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit "A." 2. Compensation. a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit "B." b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $9,115.00, plus 10% contingency. This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing expenses. Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis. 1 Updated Feb.2020 (5) Aggregate Limits that Apply per Project (6) Explosion, Collapse and Underground (UCX) exclusion deleted (7) Contractual Liability with respect to this Agreement (8) Property Damage (9) Independent Consultants Coverage (iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement. (v) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. b. Automobile Liability (i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City. (ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto). (iii) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention. c. Workers' Compensation/Employer's Liability (i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement. (ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the "Workers' Compensation and Insurance Act," Division IV of the Labor Code of the State of 4 Updated Feb.2020 California and any acts amendatory thereof, and Employer's Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers' compensation coverage of the same type and limits as specified in this section. d. Professional Liability (Errors and Omissions) At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. "Covered Professional Services" as designated in the policy must specifically include work performed under this Agreement. The policy must "pay on behalf of" the insured and must include a provision establishing the insurer's duty to defend. e. Minimum Policy Limits Required (i) The following insurance limits are required for the Agreement: Combined Single Limit Commercial General Liability $1,000,000 per occurrence/$2,000,000 aggregate for bodily injury, personal injury, and property damage Automobile Liability $1,000,000 per occurrence for bodily injury and property damage Employer's Liability $1,000,000 per occurrence Professional Liability $1,000,000 per claim and aggregate (errors and omissions) (ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. f. Evidence Required Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer's equivalent) signed by the insurer's representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the 5 Updated Feb.2020 Additional Insurance Provisions (i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification. (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. j. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants. 12. Indemnification. a. To the fullest extent permitted by law, Consultant shall defend (with counsel of City's choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney's fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers. b. To the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant's obligations under the above indemnity shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, but shall not otherwise be reduced. If Consultant's obligations to defend, indemnify, and/or hold harmless arise out of Consultant's performance of"design professional services" (as that term is defined under Civil Code section 2782.8), then upon Consultant obtaining a final 7 Updated Feb.2020 adjudication that liability under a claim is caused by the comparative active negligence or willful misconduct of the City, Consultant's obligations shall be reduced in proportion to the established comparative liability of the City and shall not exceed the Consultant's proportionate percentage of fault. 13. California Labor Code Requirements. a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects ("Prevailing Wage Laws"). If the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is$15,000 or more for maintenance or$25,000 or more for construction, alteration, demolition, installation, or repair, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). b. If the services are being performed as part of an applicable "public works" or "maintenance" project and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant's sole responsibility to comply with all applicable registration and labor compliance requirements. c. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant's sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that affect Consultant's performance of services, including any delay, shall be Consultant's sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor. 14. Verification of Employment Eligibility. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same. 8 Updated Feb.2020 20. Notice Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to: CITY: CONSULTANT: City of Arcadia Fuel Solutions, Inc. 240 West Huntington Drive 5755-A Uplander Way Arcadia, CA 91066 Culver City, CA 90230 Attn: Linda Hui, Transportation Services Attn: Reb Guthrie, President Manager and shall be effective upon receipt thereof. 21. Third Party Rights Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant. 22. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 23. Entire Agreement This Agreement, with its exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement. 24. Severability The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the provisions unenforceable, invalid or illegal. 10 Updated Feb.2020 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF ARCADIA AND FUEL SOLUTIONS, INC. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. CITY OF ARCADIA FUEL SOLUTIONS, INC. By: By: AII 5,4 ' DominicLazzaretto City Manager Its: President Printed Name: Henry S. (Reb) Guthrie • ATTEST: B y�' '7t By: feho % ,G� Its: Secretary/Treasurer Clerk Printed Name: Bruce Guthrie APPROVED AS TO FORM: • By: &&-frki__6'. City Attorney CONCUR: By: Kruckeberg Assistant City Manager/ Development Services Dire or 12 Updated Feb.2020 25. Successors and Assigns This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void. 26. Non-Waiver None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing. 27. Time of Essence Time is of the essence for each and every provision of this Agreement. 28. City's Right to Employ Other Consultants City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects. 29. Prohibited Interests Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. [SIGNATURES ON FOLLOWING PAGE] 11 Updated Feb.2020 EXHIBIT A SCOPE OF SERVICES CONSULTANT WILL PROVIDE THE FOLLOWING: I. SCOPE SUMMARY The purpose of the Arcadia Compressed Natural Gas (CNG) Fueling Station Feasibility Study project is to assess the feasibility of developing a CNG fueling facility at the City's Public Works Services site at 11800 Goldring Road, Arcadia, CA 91006 (See Project Map). Task 1: Project Setup, Kickoff Meeting & Programming Questionnaire Task 2: Site Review & Assessment Task 3: Assess Availability of Site Utilities Task 4: Preliminary System Configuration Task 5: Prepare Preliminary Cost Estimates for Capital and Operations Task 6: Prepare Final Report Project Map: T s .; ti 1:1-"''''''S. t: ' , I *, „".,.. U r r -PROPOSED LOCATION LDRINt ..- FOR CNG FUELING � STATION v .. . ''''7-11"7:, � _ , ,..„ ', .. ,, u RVI ER - t« , , . . : 1 ,,,. . „,,,,..„.„,, :,,,..„,„„)„,,,,,„ ., ,, , „„, i,„ .. .. .... . ,r,,,,,.„„ ,,,,.....„ ,..._,, . , . _ _ ___ A v .0* _ ,...,... Exhibit A 11 II. DETAILED SCOPE OF SERVICES The project plan includes the following tasks. Some tasks may be performed concurrently and/or slightly different order than listed below. Task 1— Project Setup, Kickoff Meeting & Programming Questionnaire 1.1 Project Setup • Fuel Solutions will setup its internal team and operation to administer and manage the project. • Fuel Solutions will review the project scope including general goals and timeline 1.2 Programming Questionnaire • Fuel Solutions will prepare a programming questionnaire to help determine functional requirement of the CNG fueling facility. • The questions (60+) ranging from time-fill vs. fast-fill fueling, vehicle characteristics, need for fuel-consumption tracking, and degree of CNG- fleet growth expected, to availability of base site drawings in CAD format, will be provided to the City project team for review prior to the planned kickoff meeting. 1.3 Kickoff Meeting • Introduction • Project overview—the City project team's responses to questionnaire • Timeline Task 2— Site Review&Assessment The information that will be gathered as part of the site assessment will include: • Design-construction drawings for the yard facility that include the candidate CNG- facility area. • Locate adjacencies that may impact the CNG system, including: o Property lines o Walls, fences, and buildings o Overhead power lines o Area lighting o Vehicle-circulation patterns o Vehicle parking spaces and arrangement o Pavement conditions, drainage and other `civil site' issues • General code considerations o NFPA 52 o NFPA 30A o NFPA 70/ NEC o California Fire Code • Locate utility-supply points: o Existing electrical service and panel o Likely source/ origin for new gas supply from SoCal Gas Exhibit A 12 o Data network These items are discussed further in Task 4 below. Note that a follow-up visit to the yard site may be needed, pending project progress. Task 3—Assess Availability of Site Utilities • Assess existing power panel board, including determining panel amperage and voltage, service amperage and voltage, transformer location, and catalog of existing loads (this is discussed further in Task 4 below) • Request electric-utility records • Network/IP data-switch connection • Gas supply —guesstimate the source/origin of the new and dedicated gas-supply that will be provided by SoCal Gas for the project. Task 4— Preliminary System Configuration The findings from the questionnaire will provide guidance on virtually all of the criteria needed to prepare a preliminary CNG-system configuration. These parameters include: • Compressor-system configuration: o Flow in standard cubic ft. per minute (SCFM) o Quantity and redundancy o Drive-motor power (HP) o Associated gas dryer (function of compressor capacity) • Dispensing-system configuration: o Number of time-fill dispensing hoses, including k-rail or sonotube mounting o If fast-fill fueling will be provided and if one or two hoses o Whether fuel-use tracking or fuel management will be included, including for fast-fill and/or time-fill subsystems • Civil-site issues and features, such as fencing/walls, possible paving improvements, striping, parking-bump stops, bollards, etc. • Any accommodations for growth of major project elements, including compression, time-fill dispensing, or fast-fill dispensing/CNG storage. • Electrical service including panel and/or service upgrades as may be required. Task 5— Prepare Preliminary Cost Estimates for Capital and Operations For the capital-cost portion of this task, Fuel Solutions will start by researching updated equipment-cost quotations for the main equipment required per Task 4. Fuel Solutions will then prepare a comprehensive construction-cost estimate for the project in an Excel worksheet. The estimate will include breakdowns and consideration for each of: • Primary mechanical equipment, including compressor skid(s), gas dryer, CNG-valve panel, dispensing equipment • Other mechanical equipment and materials, including regulator, piping, high-pressure stainless steel tubing, tubing sleeves, valve allowance etc. • Electrical equipment and materials, including compressor-motor-starter panel, possible service-panel upgrade or addition, possible electric utility-service upgrade or addition, 3- phase wiring and conduit, one-phase wiring and conduit, electric-utility allowances, low- voltage wiring and conduit, area lighting, etc. • Civil-structural costs, including equipment pads, excavation for trenching and footings, Exhibit A 13 any possible fast-fill island, k-rails, time fill post bases (sonotubes), and any possible paving repair/ upgrades and striping • Installation labor, including accounting for prevailing wage/Davis Bacon as may be required • Contractor markups and allowances, including general/administrative, overhead, profit and contractor contingency • Project contingency • Design engineering • Opinion of total project cost, based on summary of all above cost elements For the operating-cost portion of this task, Fuel Solutions will determine the three key costs associated with operating a CNG fueling facility: • Natural gas commodity, which includes local pipeline-transportation costs and the commodity —either the default provided by SoCal Gas or can include renewable natural gas (RNG) • Electrical costs, which include kW demand (i.e. peak power which is typically charged on a per-month basis) and kWh energy (i.e. operational energy, such as a 20 kW motor running for 2 hours = an energy charge for 40 kWh) • Ongoing maintenance The estimated maintenance costs will be aggregated with the gas-commodity and electrical costs described above to determine a complete CNG-operating cost. Finally, any readily available rebates, credits and incentives will be considered, in order to determine a net operating (CNG fuel) cost for the facility. Task 6— Prepare Final Report Once all of the tasks described above have been completed, Fuel Solutions will document and summarize the findings into a report memorandum. The key elements of the report will include the following: • Description of CNG-vehicle fleet to be served • Outline of required CNG-system capacities: o Compressor-system SCFM o Time-fill dispensing capacity (as appropriate) o Fast-fill dispensing capacity (as appropriate) o Growth / upgrade allowance (as appropriate) • Description of the proposed CNG facility configuration, including subsections for: o Primary mechanical equipment, including compressor skid(s), gas dryer, CNG- valve panel, dispensing equipment o Electrical upgrades o Principle civil work including fencing etc. • Comments on possible risks or adverse considerations associated with developing and operating the CNG facility • Cost estimates for each of: o Capital cost o Operating cost The report will be prepared using Microsoft Word and Excel. The report will be delivered in PDF format, and the source documents (Word and Excel) will be provided as well. Exhibit A 14 EXHIBIT B Schedule of Charges us 08 w a) c m m Y m c'• (9 c E a. 92 .> c 05 N m .— a) E 2 c E p m E Lj p_ c �' E c7) Lc.— C N N m Consultant Title $ Rate a� .s in a °-, m gi U U " $Total y NU 1 j 1 - E W Q `r' EY, U N = Y c cD Y 12 N N V N N (0 cn co >^ Yn ~ N H H O Reb Guthrie Project Manager, Principal 182.00 4 4 4 4 4 4 Faye Farahmand, P.E. Sr. Project Engineer 161.00 2 4 4 4 4 Bruce Guthrie Asst. Project Manager, Principal 151.00 2 2 2 Rob Kuchta Mechanical Design Specialist 91.00 Jackie Horak Administrative 52.00 $ Extended Fee by Task(Fuel Solutions'staff) 1,050 728 1,372 1,674 1,674 1,674 8,172 Subconsulting Under FS by Discipline—Firm Base sub- Electrical engineering support (CJTSS) 280 560 840 Civil support(stand by) Structural support (stand by) Site-survey support(stand by) Geotechnical-reporting support (stand by) Subconsulting Labor, Subtotals 0 280 0 560 0 0 840 Estimated Other Direct Costs Travel $/Unit T1 ODCT2 ODCT3 ODCT4 ODCT5 ODCT6 ODC Auto travel W. LA /Arcadia 34 0 34 0 34 0 34 Hotel N/A 0 0 0 0 0 0 Meals&incidentals N/A 0 0 0 0 0 0 Other costs: - Subconsultant direct costs Full-size drawings Express postage /delivery Est. Direct Costs, Subtotals - 0 34 0 34 0 34 103 Task 1 Task 2 Task 3 Task 4 Task 5 Task 6 Total TOTAL Fee for Labor+ Estimated Direct Costs 1,050 1,042 1,372 2,268 1,674 1,708 $9,115 Exhibit B 11 EXHIBIT C Schedule of Services Consultant shall provide professional design services for the Arcadia Compressed Natural Gas Fueling Station Feasibility Study, as outlined in the Scope of Services. The period of services is for June 2021 to December 31, 2021. Exhibit C 11