HomeMy WebLinkAboutCC Resolution 12525 (Feasability Study; Central Marin Sanitation)RESOLUTION NO. 12525
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH KENNEDY/JENKS CONSULTANTS IN AN AMOUNT NOT TO
EXCEED $50,000 FOR A METHANE CAPTURE FEASIBILITY STUDY WITHIN THE
CITY OF SAN RAFAEL AND AREAS SERVED BY THE CENTRAL MARIN
SANITATION AGENCY (GRANT FROM PG & E)
WHEREAS, in 2005, Mayor Boro became one of the initial signatories of the U.S.
Mayors Climate Protection Agreement on behalf of the City of San Rafael; and
WHEREAS, the City of San Rafael has implemented a number of programs and projects
to address climate change; and
WHEREAS, the City Council has approved a work program for a Climate Change
Action Plan and formed a Green Ribbon Committee and Green Teams; and
WHEREAS, commercial food waste in local landfills creates methane gas that
contributes to global warming, the City of San Rafael seeks new technology to reduce the
methane gas impact; and
WHEREAS, the Central Marin Sanitation Agency is capturing methane produced in two
anaerobic digestors and is utilizing the methane to power a portion of the plant, and Marin
Sanitary Services has undertaken a pilot project to compost food waste; and
WHEREAS, Pacific Gas and Electric has awarded a $20,000 grant to the City of San
Rafael to fund a report on methane capture feasibility; and
WHEREAS, the Central Marin Sanitation Agency agreed to contribute additional funds
for the study; and
WHEREAS, on March 17, 2008, the City Council authorized the City Manager to issue a
Request for Proposal for such study and bill the Central Marin Sanitation Agency for one half of
the costs of the study; and
WHEREAS, such Request for Proposal was issued by the City, in conjunction with the
Central Marin Sanitation Agency, and eligible consultants were identified and interviewed and
Kennedy/Jenks Consultants is the most qualified consultant; and
WHEREAS, the Central Marin Sanitation Agency has agreed to increase the amount of
their contribution for the study to an amount not exceeding $30,000.
NOW, THEREFORE BE IT RESOLVED, that the City Council authorizes the City
Manager to enter into a professional services agreement with Kennedy/Jenks, for a not to exceed
amount of $50,000, in a form to be approved by the City Attorney
BE IT FURTHER RESOLVED, that the City Council authorizes the City Manager to
take all necessary actions to complete the project.
I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the
foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the
City Council of said City held on Monday, the 7`h day of July, 2008 by the following vote, to wit:
AYES: COUNCILMEMBERS
NOES: COUNCILMEMBERS:
ABSENT/
ABSTAIN: COUNCILMEMBERS:
Brockbank, Connolly, Heller, & Vice -Mayor Miller
None
Mayor Boro.
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AGREEMENT
METHANE GAS FEASIBILITY STUDY
This Agreement is made and entered into this 8th day of Julv. 2008, by and between the
CITY OF SAN RAFAEL (hereinafter "CIT)r"), and Kennedv/Jenks Consultants. Inc. hereinafter
("CONSULTANT').
1. PROJECT COORDINATION
A. CITY. The City Manager shall be the representative of the CITY for all
purposes under this Agreement. Economic Development Specialist, Stephanie Lovette, is hereby
designated the PROJECT MANAGER for the CITY, and said PROJECT MANAGER shall
supervise all aspects of the progress and execution of this Agreement.
B. CONSULTANT. CONSULTANT shall assign a single PROJECT
MANAGER to have overall responsibility for the progress and execution of this Agreement for
CONSULTANT. Joel Faller is hereby designated as the PROJECT DIRECTOR for
CONSULTANT. Should circumstances or conditions subsequent to the execution of this
Agreement require a substitute PROJECT DIRECTOR for any reason, the CONSULTANT shall
notify the CITY within ten (10) business days of the substitution.
2. DUTIES OF CONSULTANT
CONSULTANT shall perform the duties and/or provide services as described in
Exhibit "A", and complete the work pursuant to the schedule detailed in Exhibit "B", both of
which are attached and incorporated herein.
3. DUTIES OF CITY
CITY shall cooperate with CONSULTANT in his performance under this agreement
and shall compensate CONSULTANT as provided herein. CITY shall provide all requested
information on the Central Marin Sanitation Agency facilities and operations.
4. COMPENSATION
For the full performance of the services described herein by CONSULTANT, CITY
shall pay CONSULTANT an amount NOT to exceed $45,600, in accordance with the fee schedule
shown in Exhibit "C", including the cost of local business license taxes as described in Section
20.
Payment will be made monthly upon receipt by PROJECT MANAGER of itemized
invoices submitted by CONSULTANT.
5. TERM OF AGREEMENT
The term of this Agreement shall commence upon the date of execution of this
agreement and shall end on December 30, 2008.
6. TERMINATION
A. Discretionary. Either party may terminate this Agreement without cause
upon thirty (30) days written notice mailed or personally delivered to the other party.
B. Cause. Either party may terminate this Agreement for cause upon ten (10)
days written notice mailed or personally delivered to the other party, and the notified party's failure
to cure or correct the cause of the termination notice, to the reasonable satisfaction of the party
giving such notice, within thirty (30) days of the receipt of said notice.
C. Effect of Termination. Upon receipt of notice of termination, neither party
shall incur additional obligations under any provision of this Agreement without the prior written
consent of the other.
D. Return of Documents. Upon termination, any and all CITY documents or
materials provided to CONSULTANT and any and all of CONSULTANrs documents described in
paragraph 7 below, shall be delivered to CITY as soon as possible, but not later than thirty (30)
days after termination.
7. OWNERSHIP OF DOCUMENTS
The written documents and materials prepared by the CONSULTANT in connection
with the performance of its duties under this Agreement, shall be the sole property of CITY.
However, CONSULTANT retains all intellectual property rights including copyrights. CITY may
use said property for any purpose, including projects not contemplated by this Agreement.
8. INSPECTION AND AUDIT
Upon reasonable notice, CONSULTANT shall make available to CITY, or its agent,
for inspection and audit, all documents directly related to CONSULTANTS performance of its
duties under this Agreement. CONSULTANT shall fully cooperate with CITY or its agent in any
such audit or inspection.
9. ASSIGNABILITY
The parties agree that they shall not assign or transfer any interest in this
Agreement nor the performance of any of their respective obligations hereunder, without the prior
written consent of the other party, and any attempt to so assign this Agreement or any rights,
duties or obligations arising hereunder shall be void and of no effect.
F,
10. INSURANCE
A. During the term of this Agreement, CONSULTANT shall maintain, at no expense
to CITY, the following insurance policies:
1. A comprehensive general liability insurance policy in the minimum
amount of one million ($1,000,000) dollars per occurrence for death, bodily injury, personal injury,
or property damage;
2. An automobile liability (owned, non -owned, and hired vehicles)
insurance policy in the minimum amount of one million ($1,000,000) dollars per occurrence;
3. If any licensed professional performs any of the services required to
be performed under this Agreement, a professional liability insurance policy in the minimum
amount of one million ($1,000,000) dollars to cover any claims arising out of the CONSULTANrs
performance of services under this Agreement.
B. The insurance coverage required of the CONSULTANT by section 11. A,
shall also meet the following requirements:
1. The insurance shall be primary with respect to any insurance or
coverage maintained by CITY and shall not call upon CITY's insurance or coverage for any
contribution;
2. Except for professional liability insurance, the insurance policies shall
be endorsed for contractual liability and personal injury;
3. Except for professional liability insurance, the insurance policies shall
be specifically endorsed to include the CITY, and the Central Marin Sanitation Agency, their
officers, agents, employees and volunteers as additionally named insureds under the policies;
4. CONSULTANT shall provide to PROJECT MANAGER, (a)
Certificates of Insurance evidencing the insurance coverage required herein, and (b) speck
endorsements naming CITY, and the Central Marin Sanitation Agency, their officers, agents,
employees and volunteers as additional insureds under the policies;
5. The insurance policies shall provide that the insurance carrier shall
not cancel, terminate or otherwise modify the terms and conditions of said insurance policies
except upon thirty (30) days written notice to CITY's PROJECT MANAGER;
6. If the insurance is written on a Claims Made Form, then, following
termination of this Agreement, said insurance coverage shall survive for a period of not less than
five years;
7. The insurance policies shall provide for a retroactive date of
placement coinciding with the effective date of this Agreement;
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8. PROJECT MANAGER and the City Attorney shall approve the
insurance as to form and sufficiency.
C. If it employs any person, CONSULTANT shall maintain worker's
compensation and employer's liability insurance, as required by the State Labor Code and other
applicable laws and regulations, and as necessary to protect both CONSULTANT and CITY
against all liability for injuries to CONSULTANT's officers and employees.
D. Any deductibles or self-insured retentions in CONSULTANT's insurance
policies must be declared to and approved by the PROJECT MANAGER and the City Attorney.
11. INDEMNIFICATION
CONSULTANT shall indemnify, defend and hold harmless the CITY, and Central
Marin Sanitation Agency, and their officers, officials, and employees from any and all liabilities
including, buy not limited to, litigation costs and attorney's fees arising from any and all claims
and losses to the extent the Consultant is liable to anyone who may by reason of
CONSULTANT's negligence, recklessness, and willful misconduct in the performance of this
contract, except where caused by the negligence of the CITY, Central Marin Sanitation
Agency, or their officers, officials, and employees.
12. NONDISCRIMINATION
CONSULTANT shall not discriminate, in any way, against any person on the basis
of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related
to the performance of its duties and obligations under this Agreement.
13. COMPLIANCE WITH ALL LAWS
CONSULTANT shall observe and comply with all applicable federal, state and local
laws, ordinances, codes and regulations, in the performance of its duties and obligations under
this Agreement. CONSULTANT shall perform all services under this Agreement in accordance
with these laws, ordinances, codes and regulations. CONSULTANT shall release, defend,
indemnify and hold harmless CITY, their officers, agents and employees from any and all
damages, liabilities, penalties, fines and all other consequences from any noncompliance or
violation of any laws, ordinances, codes or regulations.
14. NO THIRD PARTY BENEFICIARIES
CITY and CONSULTANT do not intend, by any provision of this Agreement, to
create in any third party, any benefit or right owed by one party, under the terms and conditions of
this Agreement, to the other party.
15. NOTICES
All notices and other communications required or permitted to be given under this
Agreement, including any notice of change of address, shall be in writing and given by personal
delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the
parties intended to be notified. Notice shall be deemed given as of the date of personal delivery,
or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given
as follows:
TO CITY: Stephanie Lovette, Economic Development Specialist
City of San Rafael
1400 Fifth Avenue
P.O. Box 151560
San Rafael CA 94915-1560
TO CONSULTANT: Mr. Joel Faller, Project Director
Kennedy/Jenks Consultants
622 Folsom Street
San Francisco, CA 94107
16. INDEPENDENT CONSULTANT
For the purposes, and for the duration, of this Agreement, CONSULTANT, its
officers, agents and employees shall act in the capacity of an Independent Consultant, and not as
employees of the CITY. CONSULTANT and CITY expressly intend and agree that the status of
CONSULTANT, its officers, agents and employees be that of an Independent Consultant and not
that of an employee of CITY.
17. ENTIRE AGREEMENT — AMENDMENTS
A. The terms and conditions of this Agreement, all exhibits attached, and all
documents expressly incorporated by reference, represent the entire Agreement of the parties with
respect to the subject matter of this Agreement.
B. This written Agreement shall supersede any and all prior agreements, oral or
written, regarding the subject matter between the CONSULTANT and the CITY.
C. No other agreement, promise or statement, written or oral, relating to the
subject matter of this Agreement, shall be valid or binding, except by way of a written amendment
to this Agreement.
D. The terms and conditions of this Agreement shall not be altered or modified
except by a written amendment to this Agreement signed by the CONSULTANT and the CITY.
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E. If any conflicts arise between the terms and conditions of this Agreement, and
the terms and conditions of the attached exhibits or the documents expressly incorporated by
reference, the terms and conditions of this Agreement shall control.
18. WAIVERS
The waiver by either party of any breach or violation of any term, covenant or
condition of this Agreement, or of any ordinance law or regulation, shall not be deemed to be a
waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent
breach or violation of the same or other term, covenant, condition, ordinance, law or regulation.
The subsequent acceptance by either party of any fee, performance, or other consideration which
may become due or owing under this Agreement, shall not be deemed to be a waiver of any
preceding breach or violation by the other party of any term, condition, covenant of this Agreement
or any applicable law, ordinance or regulation.
19. COSTS AND ATTORNEY'S FEES
The prevailing party in any action brought to enforce the terms and conditions of this
Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs
(including claims administration) and attorney's fees expended in connection with such action.
Both parties agree that in the event of a dispute each will submit to non-binding mediation prior to
any further legal action. Each party shall pay its own costs associated with such mediation.
20. CITY BUSINESS LICENSE/OTHER TAXES
CONSULTANT shall obtain and maintain during the duration of this Agreement, a
CITY business license as required by the San Rafael Municipal Code. CONSULTANT shall pay
any and all state and federal taxes and any other applicable taxes. CONSULTANrs taxpayer
identification number is 94-3097242, and CONSULTANT certifies under penalty of perjury that
said taxpayer identification number is correct.
21. APPLICABLE LAW
The laws of the State of California shall govern this Agreement.
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month
and year first above written.
CITY OF SAN RAFAEL
ity anager
ATTEST:
City Clerk
CONSULTANT
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City of San of el/Ce tral Marin Sanitary Agency
Methane Capture Feasibility Study
Exhibit A - Scope of Work
June 30, 2008
Background
The City of San Rafael (City) and Central Marin Sanitary Agency (CMSA) have requested an evaluation of the
feasibility of establishing a food waste co -digestion program at CMSNs Regional Wastewater Treatment
Facilities on Andersen Drive in San Rafael. Food waste generated by restaurants located in San Rafael is
currently collected and disposed in local landfills by Marin Sanitary Service (MSS). The City and CMSA are
considering an alternative means of disposal with reduced impact on the landfills and the potential for
increased energy production by methane capture.
Scope of Work
Task 1 - Quantify and Characterize Food Waste
This task will determine the quantity of the food waste available in the City of San Rafael service area.
Records from commercial food waste generators, including restaurants, food banks, cafeterias and markets
will be obtained from a food waste characterization study undertaken by MSS. The MSS food waste
characterization study will be reviewed to determine the type and quantity of food waste in the MSS service
area including a site visit to one or two generators to observe food separation procedures.
The separation procedures and conditioning of food waste for the pilot in -vessel composting facility at MSS will
be observed, and the quantity of food waste available to haul to the CMSA facility for anaerobic digestion will
be estimated for the City of San Rafael and MSS service area. The energy value of this waste will be
estimated based on a combination of recent findings of EPA and other researchers. Additionally, three
representative samples of food waste will be taken. These samples will be used for analysis of the volatile
suspended solids content and will be analyzed by the CMSA lab.
Information from Citv/CMSA: MSS Waste Characterization Study, volatile suspended solids analysis by CMSA
Lab.
Deliverables: Written comments on review of MSS Waste Characterization Study.
Task 2 — Reference Search and Facility Tour
A reference search will be made of major wastewater and food processing technical journals and reports to
evaluate experiences of other anaerobic digestion energy production facilities. A summary will be developed
indicating the location, quantity/quality of food waste, of the various programs.
A tour of the East Bay Municipal Utilities District (EBMUD) and East Bay waste processing facilities will be
made with City, CMSA, MSS, and Kennedy/Jenks representatives. The tour to the East Bay waste
Methane Capture Feasibility Study — Exhibit A, Scope of Work
Page 1 of 4
management haulers will be to visit their facilities to see the type and reliabnity of screening and grinding
equipment they use to process food wastes prior to transporting to the EBMUD Wastewater Treatment Plant.
Reauested from Citv/CMSA: Attendance at facility tours.
Deliverables: Notes and photographs from facility tours.
Task 3 - Digester Improvements for Food Waste
This task will include a review of the design criteria and plant loading of the existing digestion facilities at
CMSA and undertake an assessment of the improvements to the existing facilities needed to accommodate
food waste. The equipment needed for processing and pretreatment of the food waste at CMSA will be
reviewed to determine the space requirements. Digester loadings to accommodate fats, oils and grease
(FOG) will be evaluated to determine if improvements are needed for processing food waste, such as
replacement of gas mixing with a high energy pumped mixing system, additional digester gas storage, and
additional power generation facilities including a second engine generator or fuel cells. The additional quantity
of methane gas generated from the food waste will be determined based on the volatile solids quantities
predicted for the food waste. An evaluation will be made of the increased biosolids handling, and the
necessary additional facilities (if any are needed) to handle the increased gas production, use, storage, and
energy generation options.
An estimate will be made of the quantity of food waste and FOG that can be processed with the excess
capacity in the existing digesters. The additional digester and generation capacity required to process all of
the food waste from the MSS service area would also be determined.
Information from Citv/CMSA: Historical (past 2 years) data for digester loading, solids concentration, VSS
reduction, gas production, methane concentration, and generator run times.
Task 4 - Conceptual Design of a Food Waste Separation and Receiving
Facilities
A conceptual design of food waste receiving, separation, and storage facilities will be developed with a focus
on robust and effective process facilities, convenient cleanup, and odor control. A conceptual design will be
provided that will include a site plan and flow schematics that show the features and controls recommended at
the separation facility for initial food -to -waste collection and receiving facility for processing the food waste
prior to digestion. Locations at either the MSS and CMSA sites will be evaluated for the separation facilities.
Combining the separation and receiving facilities at one site will also be investigated. A plan for initial service
of only the City of San Rafael and for expansion to include the entire CMSA and MSS service area will be
developed.
Facility sizing will be determined based on the available excess capacity of the existing digesters. A sizing for
a future facility to accommodate food waste from the entire MSS service area will also be determined.
Information from Citv/CMSA: Background maps/information on potential sites at MSS and CMSA.
Deliverables: Facility site plans at proposed locations and process flow schematic.
Methane Capture Feasibility Study — Exhibit A, Scope of Work
Page 2 of 4
Task 5 - Program Financials and Permitting
A life -cycle cost will be developed to evaluate the project costs. An opinion of probable capital costs for the
receiving and separation facilities and any digester improvements will be determined in addition to an estimate
of annual operating costs for these facilities. Cost estimates will be developed for a food waste processing
facility sized to accommodate excess capacity in the existing digester. A cost estimate for a future facility and
digester improvements will be determined for processing all of the food waste in the MSS service area.
A review of potential funding sources will be conducted for this project including energy savings programs
through PG&E, the California Energy Commission (CEC) Energy Innovation Small Grant Program, Chevron
Energy Solutions, and the State Water Resources Control Board. Bond financing through the California
Pollution Control Financing Authority (CPCFA) administered through the California State Treasurer will
be investigated.
A review of the permitting requirements for the Food Waste Program from the San Francisco Bay Regional
Water Quality Control Board, the Bay Area Air Management District, California Integrated Waste Management
Board, County, City, and California Environmental Quality Act (CEQA) will be conducted.
Requested from Citv/CMSA: Information already in hand on funding and permitting.
Deliverables: List of funding sources and permitting agency requirements.
Task 6 — Feasibility Study
The work completed under Tasks 1 through 5 will be developed into a draft Food Waste — Methane Capture
Feasibility Study. Five copies of the draft study will be submitted for review by the City, CMSA, and MSS.
Five copies of a final Food Waste — Methane Capture Feasibility Study that incorporates review comments
from the City, CMSA and MSS will be submitted.
Requested from Citv/CMSA: Review of draft study (a 10 day review period is scheduled).
Deliverables: Five copies each of draft and final Food Waste — Methane Capture Feasibility Studies
Task 7 — Project Management, Quality Control and Meetings
Subtask 7.1- Project Management and Quality Control
Project management will include communication between Kennedy/Jenks Consultants' project manager and
the City's project manager and CMSA representative. It will include periodic phone calls and teleconferences
to review project status, schedule, and budget. Project management will also include project setup, submitting
monthly invoices and status reports to the City, overseeing execution of the work, and coordination of work
activities with the City and CMSA. All work products will be reviewed by appropriate team members prior to
submitting them to the City for review.
Subtask 7.2 — Meetings
A kick-off meeting will be held by Kennedy/Jenks Consultants with the City, CMSA, and MSS staff. From this
meeting we will develop a clear understanding of the project goals and constraints based on the input from the
Methane Capture Feasibility Study - Exhibit A, Scope of Work
Page 3 of 4
City, CMSA and MSS and any other stakeholders and our experience from previous, similar projects. This
meeting can be used as a venue for information exchange, definition of major tasks, and identification of near
term action items.
A workshop will be held to review the initial findings of the food waste characterization, digester improvements,
and conceptual design and costing for the receiving and separation facilities. Results of the workshop will be
documented and incorporated in preparation of the draft feasibility study report.
After the draft Feasibility Study is reviewed by stakeholders a meeting will be held with the City, CMSA, and
MSS staff to go over review comments. Responses to the comments will be documented and incorporated in
the final report.
After the submittal of the final Feasibility Study Kennedy/Jenks will be available to attend a City Council
meeting and a CMSA Board meeting or a combined meeting to assist in presenting the findings of the
Feasibility Study prior to submission of the Final Report.
Reouested from Citv/CMSA: Attendance at meetings and workshop.
Deliverables: A workshop presentation of initial findings from Tasks 1 through 5, meeting minutes and
attendance at CMSA Board/City Council Meeting.
Deliverables
Kennedy/Jenks will prepare a draft and final report on the findings of the Feasibility Study that will include the
six sections as described in the Scope of Work.
• Food Waste Survey and Identification
• Reference Search and Food Waste Characterization
• Existing Facility Needs and Improvements for Digesting Food Waste
• Conceptual Design of Food Waste Receiving and Separation Facilities
• Facility Costs, Funding and Permitting
• Food Waste — Methane Capture Feasibility — Findings and Recommendations
Included in the final report will be alternative conceptual designs of the food waste receiving, separation and
co -digestion facilities, including general layouts and schematics for new facilities and existing facility
rehabilitation work that may be required.
Methane Capture Feasibility Study — Exhibit A, Scope of Work
Page 4 of 4
,:ennedy/Jenks Consultants
Exhibit C - Fee Schedule
City of San Rafael / CMSA
Food Waste - Methane Capture Feasibility Study
June 30, 2008
Methane Capture Feasiblity Study
Task 1 - Quantify and Characterize Food Waste
Task 2 - Conduct Reference Search and Facility Tour
Task 3 -Evaluate Di ester ImprovementsforFood Waste
Task 4 - Prepare Conceptual Design . ___________,
Task 5 - Prepare Program Financials and Permitting
Task 6 - Feasibility Study
Task 7 - PM, Quality Control and Meetings
Task 1 to 7 Total
Total Labor
Total + Expenses
Hours Fees
�—
c
6
$4,046
_....._......._, 32
$6,668
24
$4,388
48
$8,116
17
$2,977
58
$11,435
36
$7,869
231
$45,498
SR CMSA Methane Cap Proposal FeeEstlmate_BudgetTask ® 2008 Kennedy/Jenks ConsWtants, Inc