Loading...
HomeMy WebLinkAbout4777 Contract Number: 4777 Vendor: CAMP DRESSER & McKEE Subject: Consultant - Biogas Vehicle Fuel Study Department: WWTP File Class: LEG 12-1 Begin Date: 12/08/2008 End Date: 06/30/2009 Review Date: 02/15/2011 Vault Date: Ol/01/2011 Comments: No dates in Agreement PROFESSIONAL SERVICES AGREEMENT Professional Engineering Services to Perform a Biogas Vehicle Fuel Study The City of Bremerton ("City") and Camp Dresser & McKee Inc. (CDM) ("Consultant"), referred to collectively as the "Parties," enter into the following Agreement for professional services: I. Scope: The Consultant agrees to perform the services more specifically described in the Scope of Work, dated November 19, 2008, including any attachments thereto, attached hereto as Exhibit A, which is incorporated by reference herein. The Scope of Work may be modified only pursuant to Section VII.G. of this Agreement. If the Scope of Work provides for unspecified additional services such services shall only be performed upon the express written request of the City. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. II. Term: The City and the Consultant agree that work will begin on the tasks described in Exhibit A immediately upon execution of this Agreement. The parties agree that the work described in Exhibit A is to be completed as provided for in the work schedule attached hereto as Exhibit B; provided however, that additional time shall be granted by the City for excusable delays or extra work as provided for in section IX (A) of this agreement. III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant in an amount not to exceed $30,000.00. Consultant's charges and bills shall conform to the fee schedule attached hereto as Exhibit B and incorporated herein by this reference. The Consultant shall submit regular billing statements detailing work performed and amount charged on each task or portion thereof. The descriptions shall conform to and fall within the categories set out in the Scope of Work and/or Fee Schedule. Upon receipt of a conforming bill statement, the City shall promptly process payment. PROVIDED, HOWEVER, the City reserves the right to prioritize scoped work and accelerate and/or delay work tasks under the time frame set forth in Section II herein. The Consultant's labor rates and billing fees shall be as delineated in Exhibit B. Consultant shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. Consultant shall only be compensated for additional services if requested pursuant to Section I and, if not otherwise provided, such compensation shall be in accordance with Exhibit B. If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance. Such withholding does not relieve Consultant of its obligations under this Agreement. Bremerton/CDM Biogas Vehicle Fuel Study Page 1 of6 IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise. Consultant and its personnel are independent Consultants and not employees of the City. Consultant and its personnel have no authority to bind the City or to control the City's employees and other Consultants. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub-Consultants of the Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents, employees, representatives and sub-Consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent Consultants to perform the same or similar work. As an independent Consultant, Consultant is responsible for its own management. The City's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Consultant or its personnel. As an independent Consultant, Consultant is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, Business & Occupation, State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent, the City may withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due Consultant. V. Indemnification: Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries; damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this Agreement, except for that portion of the injuries and damages caused by the City's sole negligence. The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. BremertonlCDM Biogas Vehicle Fuel Study Page 2 of6 VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, sub-consultants or sub-Consultants. Before beginning work on the project described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing: 1. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCV) if applicable; and employer's liability; and 3. Excess Liability insurance with limits not less than 1,000,000 limit per occurrence and aggregate. 4. Professional Liability insurance with limits no less than $1,000,000 limit per oC9urrence/ claim. Any payment of deductible or self insured retention shall be the sole responsibility of the Consultant. All required policies shall be provided on an "occurrence" basis except professional liability insurance (if required), which may be provided on a "claims-made" basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an endorsement that is acceptable to the City, which names the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies and endorsements. The City further reserves the right to reject any unacceptable policies and/or endorsements. The Consultant's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Consultant's insurance shall be primary insurance as respects the City and the City shall be given thirty (30) days prior written notice by certified mail, return receipt requested, of any cancellation, suspension or material change in coverage. The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. Bremerton/CDM Biogas Vehicle Fuel Study Page 3 of6 VII. General Conditions: A. Reports and Information: When requested by the City, Consultant shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. Consultant shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. B. Ownership and Use of Records and Documents: Original documents, drawings, designs and reports, including those in electronic format, developed under this Agreement are the property of the City. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. All data, documents and files created by Consultant under this Agreement may be stored at Consultant's office in Seattle, Washington. Consultant shall make such data, documents, and files available to the City upon its request at all reasonable times for the purpose of editing, modifying and updating as necessary until such time as the City is capable of storing such information in the City's offices. Duplicate copies of this information shall be provided to the City upon its request, and at reasonable cost. All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service with respect to the project and are the property of the City. Any reuse by the City for other than the specific purpose intended will be at City's sole risk. C. Work Performed at Consultant's Risk: Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub-consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. D. Place of Work: The Consultant shall perform the work authorized under this Agreement at its offices in Seattle, Washington. Meetings with the City staff as described in Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed upon by the parties. E. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. Bremerton/CDM Biogas Vehicle Fuel Study Page 4 of6 F. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. G. Modification: This Agreement may only be modified by written instrument signed by both Parties. H. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1 st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. City Address: Pat Coxon WWTP Mgr 1600 Oyster Bay Ave S Bremerton, W A 98312 Consultant Address: Cale McPherson CDM Project Engineer 1218 3rd Avenue, Suite 1100 Seattle, WA 98101 1. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. J. N on- Waiver of Breach: The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. K. Compliance with Laws: Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. L. Choice of Law and Venue: This Agreement shall be interpreted according to the laws ofthe State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. M. Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. N. Assignment: Any assignment of this agreement by the Contractor without the written consent of the City shall be void. VIII. Nondiscrimination: Consultant shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, disability, or sexual orientation except for emplOYment actions based on bona fide occupational qualification. IX. Termination: This Agreement shall remain in force until completion and acceptance of the services, terminated by written instrument upon mutual consent, or by the City of Bremerton for convenience. This Agreement may be immediately terminated for cause by a Party if the Bremerton/CDM Biogas Vehicle Fuel Study Page 5 of6 other Party substantially fails to perform through no fault of the terminating Party, and the non- performing Party does not commence correction of the failure of performance within thirty (30) days of the terminating Party's sending notice to the non-performing Party. Any Notice by Consultant shall include a report showing the status of all items listed in the Scope of Work current through the termination date. If the City receives reimbursement by any federal, state, or other source for work described in Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is cancelled or substantially reduced after the execution date of this Agreement and prior to the completion of the work, the City may summarily terminate this Agreement. A. Excusable Delays: The right of Consultant to proceed shall not be terminated nor shall Consultant be charged with liquidated damages for any delays in the completion of the work due to: 1) any acts of the federal government in controlling, restricting, or requisitioning materials, equipment, tools, or labor by reason of war, national defense, or other national emergency; 2) any acts of the City, its consultants, or other public agencies causing such delay; and 3) causes not reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED, HOWEVER, that the Consultant must promptly notify the City within ten (10) calendar days in writing of the cause of the delay. If, on the basis of the facts and the terms of this Agreement, the delay is properly excusable, the City shall, in writing, extend the time for completing the work for a period of time commensurate with the period of excusable delay. B. Rights Upon Termination: In the event of termination, the City shall pay for all services performed by the Consultant to the effective date of termination, as described on a final invoice submitted to the City. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project which may be used by the City without restriction. Any such use not related to the project which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant. CONSULTANT By: Q ~_ 7b::- its: / V~ ~ -P~ jet, ""\ t- Date:~ <::>11- 2... ;z.60~ , Attest: C/UA~~J~~/L'7'~ City Clerk BremertonlCDM Biogas Vehicle Fuel Study Page 6 of6 CDIVI 1216 3'd Avenue, Suite 1100 Seattle, WA 96101 tel: 206 336-4900 fax: 206 223-2340 Professional Engineering Services to Perform a Biogas Vehicle Fuel Study Exhibit A Scope of Work Overview The City of Bremerton operates two mesophilic anaerobic digesters as part of its biosolids handling system at the Westside Wastewater Treatment Plant (Bremerton WWTP). The anaerobic digestion process yields a steady flow of the high energy product, biogas. Under current operating conditions, a portion of the biogas is captured and utilized as boiler fuel for plant and digester heating. The remaining biogas is flared with no beneficial end use. The City has recognized the value of its biogas as a renewable energy source and has initiated a Vehicle Fuel Study to evaluate the potential for converting biogas to a vehicle fuel. To generate fuel the City will require a system that can remove the non-methane portion of the biogas and compress and dispense the product gas at 3,000-3,600 psi. The compressed product gas is referred to as biomethane or renewable natural gas (RNG) and can be used interchangeably with compressed natural gas (CNG). The purpose of this document is to provide a scope of work for that study. The Biogas Vehicle Fuel Study will consider current plant operating conditions including existing infrastructure and equipment, biogas production, and vehicle fuel demands to identify biogas vehicle fuel alternatives. One alternative will be developed to include the cost for construction including the biogas treatment and fueling infrastructure. The findings of this study will be conveyed to the City in a Technical Memorandum and a final Biogas Vehicle Fuel report. This Scope of Work is organized into the following tasks: Task 1- Project Management 1.1 Kick-off Meeting 1.2 Work Plan Development 1.3 Monthly Status Reporting ClIVI Task 2 - Biogas System and Alternatives Identification 2.1 Data and Information Collection/ Analysis 2.2 Biogas System Description and Availability 2.3 Public Works Vehicle Fleet Description 2.4 Preliminary Vehicle Fuel Alternatives Identification 2.5 Draft Biogas System and Vehicle Fuel Alternatives Technical Memorandum Task 3 - Biogas Vehicle Fuel Report 3.1 Planning Level Vehicle Fuel Alternative Development 3.2 Planning Level Cost Estimate 3.3 Draft Biogas Vehicle Fuel Report 3.4 Final Report Meeting 3.5 Final Biogas Vehicle Fuel Report Task 1- Project Management The CDM Project Manager (PM) will be the point of contact for communications between the City, CDM Engineering specialists and CDM subcontractors. The PM will coordinate the work of the team and provide progress reports. Upon receipt of Notice-to-Proceed, CDM's PM will work with the City to plan a kick-off meeting at the Bremerton WWTP. To minimize travel time and project costs, a plant site visit will be scheduled to coincide with this meeting. If practical, some data collection may also take place at this time. Task 2 - Biogas System and Alternatives Identification This task involves gathering and assimilating the existing biogas-related information from the Bremerton WWTP to identify operational, structural, mechanical, and space limitations of the biogas system. This information will include production and flaring rates, quality and pressure of the gas, and pipe material and diameters. As part of this task, information regarding the Public Works vehicle fleet will be collected including vehicle types, fuel demand, fuel economy, and assigned location. Based on the biogas system and vehicle fleet information CDM will identify biogas vehicle fuel alternatives for the Bremerton WWTP. The plant operating conditions and biogas system, the vehicle fleet, and the identified vehicle fuel alternatives will be summarized in a Draft Technical Memorandum. 2.1 Data Collection/Analysis - The following information will be collected from the City: . Biogas System/Plant Information o Process Flow Diagrams (P&IDs) and Record Drawings · Biogas · Natural Gas 2 CONI o Plant Site Plan (in AutoCAD format if available) showing biogas and natural gas piping systems o Biogas Quality (heat value, composition) o Equipment Information · Boilers (capacity, hours, thermal efficiency, burner type, configuration, heat demand) · Biogas Treatment (type, operation, maintenance costs) · Digesters (size, operation, % solids, SRT, VSR, loading rate, heat demand) . Vehicle Fleet Information o Bremerton WWTP Vehicles and Public Works Vehicles · Vehicles (make, model, year, assigned location) · Fuel Demand (daily, monthly, yearly demand, fuel economy) . Growth Projections (if revised since Comprehensive Plan) o Current plant service population o Estimates of future plant service population . Financial Information o Natural gas billing invoices for at least one calendar year o Natural gas rate schedules o Economic parameters · Economic period · Discount rate (gross, inflation, net) · Labor rates (equipment maintenance) As part of the kick-off meeting CDM will perform a plant site visit and a visual inspection of the facility including operating conditions and physical space constraints. 2.2 Biogas System Description and Availability - The biogas system will be evaluated to facilitate the identification of biogas vehicle fuel alternatives. Based on current operations as well as the anticipated growth and demand, the biogas available for vehicle fuel will be quantified. Current biogas production including average and peak production will be estimated based on industry standard guidelines and CDM experience. This information will be used to size the treatment and fueling system and to identify the requisite characteristics of the vehicle fleet. Vehicle production will be provided in gasoline gallon equivalents (GGE) per day. 2.3 Public Works Vehicle Fleet Description - To ensure that the biogas fueling system meets the needs of the Bremerton WWTP and the City, information will be collected on the existing vehicle fleets. Vehicles that can be modified to utilize RNG will be identified with relative costs provided. Vehicle fleet information will also be used to determine the need for and the size of gas storage facilities. 2.4 Preliminary Vehicle Fuel Alternatives Identification - Vehicle fuel alternatives will be 3 ClIVI identified and qualitatively evaluated prior to developing a single alternative to the planning level. Alternatives will investigate types of gas storage (upstream, downstream of treatment, low pressure, high pressure), types of gas treatment (pressure swing adsorption, molecular sieve, water column) and connection with the natural gas utility. Three alternatives will be identified and described. The alternatives will be qualitatively evaluated and a recommendation will be made for development to the planning level. 2.5 Draft Biogas System and Vehicle Fuel Alternatives Technical Memorandum - The findings of this task will be summarize in a Draft Technical Memorandum for the review of the City prior to the development of a single alternative and the completion of the final report. Assumptions Data and information regarding the plant operations is readily available from the City, including recent and accurate biogas testing data. CDM will post the information to the project eRoom setup under Task 1. City Responsibilities The City will maintain communication with CDM and provide available data and information at the project kick-off meeting or shortly thereafter. The City will provide the information in electronic format. A consolidated single set of City comments will be provided to CDM on the draft technical memorandum, Biogas System and Vehicle Fuel Alternatives within two weeks of receipt. Deliverables . Draft technical memorandum, Biogas System and Vehicle Fuel Alternatives (approximately 7 pages) Task 3 - Biogas Vehicle Fuel Report 3.1 Planning Level Vehicle Fuel Alternative Development - The biogas vehicle fuel option selected under Task 2 - Biogas System and Alternatives Identification will be developed to the planning level under this task. As part of the development, a process flow diagram and a site plan will be generated, vendor quotes will be fielded for major process equipment, a materials list will be developed and a brief operations narrative will be written. 4 ClIVI 3.2 Planning Level Cost Estimate- Based on the planning level design, a cost estimate of the identified alternative will be developed by CDM's construction and cost estimating division. 3.3 Draft Biogas Vehicle Fuel Report - A draft Biogas Vehicle Fuel Report will be written to summarize the findings of this study. The report will consolidate the Biogas System and Vehicle Fuel Alternatives memorandum and the planning level design of the selected alternative into a single document with an executive summary and conclusion. The document will be approximately 20 pages long. 3.4 Final Report Meeting - A meeting will be held with the City and CDM. CDM's Project Manager and Project Engineer will be in attendance. During the meeting the findings of the study and appropriate next steps will be discussed. 3.5 Final Biogas Vehicle Fuel Report - A final version of the Biogas Vehicle Fuel Report will be developed to include the discussion of the Final Report Meeting and the City comments. Assumptions The vehicle fuel alternative will not require the development of a tie-in or wheeling agreement with the Natural Gas utility. City Responsibilities A consolidated single set of comments will be provided to CDM on the draft Biogas Vehicle Fuel Report within two weeks of receipt. Deliverables: . Draft Version, Biogas Vehicle Fuel Report (approximately 20 pages). . Final Report Meeting agenda one week prior to meeting. Meeting minutes one week after the Final Report Meeting. . Final Version, Biogas Vehicle Fuel Report. CDM will provide five (5) hard copies and three (3) electronic copies of the Final Report on a CD in Adobe .pdf format to the City. 5 Exhibit B to Agreement between Owner and Engineer City of Bremerton Westside Wastewater Treatment Plant Hours Estimate: Biogas Vehicle Fuel Report CDM Staff : Janelle Cale Michael Richard Mojgan Christi ne Dave Parry Total Rogers McPherson Stevens Mugler Moini Merrill Project Role: Principal In PM/Project Graphics CADD Contract Admin & QA/QC Charg.!...,- Engineer Admin Coord. Hourlv Rate: $ 67.32 -r- 30.15 $ 38.50 $ 27.50 $ 28.68 $ 18.75 $ 91.35 Task Number & Descriotion Task 1 - Project Management Kick-off Meeting 6 6 2 2 16 Work Plan & Project Schedule 3 4 7 Monthly Status Reports and Invoicing 2 2 6 10 I Total Hours 6 11 0 0 4 1.2 0 33 I labor Costs $ 404 $ 332 $ - $ - $ 115 $ 225 $ - $ 1,075 I I Task 2 - Biogas System and Alternatives Description Data and Information Collection/Analysis 10 10 Biogas System Description and Availability 8 8 Public Works Vehicle Fleet Description 12 12 Preliminary Vehicle Fuel Alternatives Identification 16 2 18 Draft Bioqas System and Vehicle Fuel Alternatives TM 16 3 I 2 2 23 I . Total Hours 0 62 . 3 0 01 2 4 :71 I labor Costs $ - $ 1,869 $ 116 $ - $ - 1$ 38 $ 365 $ 2,022 I I Task 3 - Bioaas Vehicle Fuel ReDort Planning Level Vehicle Fuel Alternative Development 2 24 6 2 34 Planning Level Cost Estimate 2 5 7 Draft Biogas Vehicle Fuel Report 2 24 3 3 2 34 Final Report Meeting 10 2 2 14 Final Biogas Vehicle Fuel Report 1 8 3 2 14 I . . . Total Hours . 7 71 . C" 5 6 0 :8 .6 .. '.103 I labor Costs $ 471 $ '2,141 $ 19j $ 165 '.$ - $ 150" $ 548 .$ .3119 Total Hours 1 131 1441 81 6 41 22 I 10 207 Total labor Costs 1$ 8751$ 4,342 1 $ 3081$ 165 $ 1151$ 413 I $ 914 $ 7,130 Total Direct Labor 178.4% overhead allowance of direct labor: 28% professional fee of direct labor: ODC Travel: Outside Professional (WBA - Ed Fernbach): Outside Professional (CCI - Cost Estimating): 2.5% other direct cost of direc labor: $7,130 $12,721 $1,997 $1,157 $6,235 $582 $178 $30,000 TOTAL WBA Ed Fernbach Project Engineer r-s215.00 6 6 $ 1,290 3 4 7 $ 1,505 4 1 3 6 2 16 $ 3,440 29 $ 6,235