Agenda
Regular Meeting
Redding City Council
Council Chambers (Doors open 30 minutes prior)
777 Cypress Avenue, Redding, CA
May 3, 2022
6:00 PM
The City Council Chambers a re fully open to the public in compliance with current guidelines from the California Department of Public Health regarding indoor meetings.
1. CALL TO ORDER - MAYOR KRISTEN SCHREDER
A. Pledge of Allegiance
B. Invocation - Jen McCloskey, Redding Police and Redding Fire Departments' Chaplain C. Roll Call
2. PRESENTATIONS
2A. Mayor's Proclamation declaring May 7, 2022, as Wildfire Community Preparedness Day; and May 2022 as Wildfire Community Preparedness Month in the City of Redding.
3. PUBLIC COMMENT - for non-agendized matters within the city’s jurisdiction.
PURSUANT TO THE BROWN ACT, CITY COUNCIL CANNOT TAKE ACTION ON PUBLIC
COMMENT ITEMS
The City Council will allocate up to a maximum of three minutes per speaker for 30 minutes total, at the beginning of the meeting for Public Comment for non -agendized matters withi n the City’s jurisdiction.
The Mayor will determine the order of the speakers. If 30 minutes is not adequate to accommodate all of the individuals who have submitted a Speaker Request Form to the City Clerk, the Council will trail this item to the end of the open session agenda. The remaining speakers will address the City Council at that time.
If anyone wishes to address the City Council on any item considered at this meeting before or during Council’s consideration of that item, please fill out a blue Speaker Request Form, located in the lighted alcoves at the back of the Council Chambers, and submit it to the City Clerk. The City Council will allocate up to a maximum of three minutes per speaker for each agenda item. Staff reports are available on-line at the City’s web site at www.cityofredding.org or in the Public View binder located on the podium at the north side of the Chambers.
PLEASE SILENCE YOUR CELL PHONES. THANK YOU.
Redding City Council May 3, 2022
4. CONSENT CALENDAR
The Consent Calendar contains items considered routine and/or which have been individually scrutinized by City Council Members and are ant icipated to require no further deliberation. If a member of the public wishes to address an item on the Consent Calend ar, please fill out a Speaker Request Form and submit it to the City Clerk before the Consent Calendar is considered . It shall be the prerogative of any Council Member, before the Consent Calendar is acted upon, to: (1) comment on an item; (2) respond to any public comment on an item; (3) request the record reflect an abstention or nay vote on an item; or (4) remove an item and place it o n the Regular portion of the agenda for delivery of a staff report and/or an extended discussion or deliberation.
4(a). Approve Minutes: Regular Meeting of March 1, 2022; Regular Meeting of April 5, 2022; and Special Meeting – Closed Session of April 19, 2022.
4(b). Accept City of Redding Accounts Payable Register No. 19; and Payroll Register No. 21.
4(c). Accept the City of Redding Treasurer’s Report for the month of March 2022.
4(d). Accept City of Redding Proof of Cash reconciliation and ACR133 r eport for the month of March 2022.
4(e). Adopt Ordinance No. 2647, an uncodified ordinance of the City Council of the City of Redding, adopting Redding Police Department Policy No. 707 to provide guidelines for the approval, acquisition, and reporting re quirements for military equipment, pursuant to California Assembly Bill No. 481.
4.5(a). Authorize the following relative to Bid Schedule 5272, Single -Phase, Pole-Type Distribution Transformers:
(1) Award to Howard Industries, Inc. for an annual evaluated c ost of $468,514.15;
(2) Authorize the Purchasing Officer to extend the bid award annually with Howard Industries, Inc. through June 30, 2026, if mutually agreeable, with all terms and conditions remaining the same and prices adjusted up or down according Howar d Industries Price Adjustment Policy for U.S.
Department of Energy Transformer Contracts; and
(3) Authorize the City Manager to approve changes to future pricing terms and policies as needed due to inflation and unstable economic conditions.
4.6(a). Authorize the Mayor to send Letters of Support to legislators for California Assembly Bill 1 789 (Bennett), which seeks to create a new California Trails Commission and to appropriate funding for new trail development.
Redding City Council May 3, 2022
4.11(a). Authorize the following modifi cations relative to previously authorized City of Redding Purchase Order Nos. 113710 (Stillwater) and 113711 (Clear Creek) for the replacement of emergency standby generators:
(1) Authorize the price adjustment for the purchase of two Caterpillar 1000 kilowatt generators using Sourcewell contract pricing with Peterson Power Systems (Peterson) to replace existing emergency standby generators at the Clear Creek Wastewater Treatment Plant and the Stillwater Wastewater Treatment Plant;
(2) Ratify the amendment of purchase orders previously issued to a total amount of $634,903.52 from the previously authorized total of $578,302.24; a difference of $56,601.12;
(3) Authorize the Purchasing Officer to extend the purchase with Peterson through July 1, 2023; and
(4) Authorize the City Manager to approve future pricing adjustments, terms, and policy changes as needed due to inflation and unstable economic conditions up to a total of $30,000.
4.11(b). Authorize the following actions relative to development of a Termina l Assessment Study for the Redding Municipal Airport (C-8976):
(1) Approve Authorization of Service No. 22-06 with Mead & Hunt, Inc., for consulting services in the amount of $493,598 to develop the Terminal Assessment Study; and
(2) Authorize the City Ma nager, or designee, to execute the agreement, and any amendments, or additional documentation needed to facilitate the development of the Terminal Assessment Study.
4.11(d). Authorize the following actions relative to Bid Schedule No. 5265 (Job No. 2644), Bechelli Lane/Loma Vista Traffic Signal (Project):
(1) Award to Crosspoint General Engineering in the amount of $337,500; (2) Approve an additional $87,000 to cover the cost of contract administration and inspection fees;
(3) Approve $34,000 to provide construction contingency funding; (4) Approve $58,000 for project development costs;
(5) Authorize the City Manager to approve additional increases, in either the construction management or construction contingency amounts, up to a total of $15,000; and
(6) Find that the Project is categorically exempt from review under the California Environmental Quality Act per Section 15301(c) – Existing Facilities and Section 15303(d) – New Construction or Conversion of Existing Structures.
RECOMMENDATION: ACCEPT, ACKNOWLEDGE, ADOPT, APPROVE,
AND/OR AUTHORIZE ALL ITEMS ON THE CONSENT CALENDAR.
Redding City Council May 3, 2022
5. APPOINTMENTS
5.1. Consider Mayor's reappointment to the Shasta County Commission on Aging.
Recommendation:
Accept the Mayor’s recommendation to reappoi nt Barbara Ghidinelli to the Shasta County Commission on Aging to serve an additional two -year term beginning January 4, 2022, through January 8, 2024.
9. REGULAR CALENDAR: REPORTS & COMMUNICATIONS OF DEPARTMENTS,
BOARDS, COMMISSIONS AND COMMITTEES
City Manager
9.1(a). Consider Resolution appropriating $1,250,000 for the development of an update to the Redding Riverfront Specific Plan.
Recommendation:
Adopt Resolution approving and adopting the 40th Amendment to the City Budget Resolution No. 2021 -078 re -allocating $750,000 from the American Rescue Plan Act of 2021 (ARPA) – Citywide Broadband fund, and $500,000 from the ARPA – South City Park fund, for creation of the City of Redding Riverfront Property Specific Plan. Alternatively, the City Council could allocate the funding from other ARPA categories.
9.1(b). Consider information regarding bond issuance for the City of Redding new and existing fire stations.
Recommendation:
Accept report from staff regarding the bond issuance process and rate ch anges in bond market; and provide general direction to staff regarding the potential bond issuance.
Deputy City Manager
9.2(a). Oral presentation regarding the City of Redding's Housing Division Programs and Activities.
Recommendation:
Accept an oral presentation from the Deputy City Manager on the City of Redding’s Housing Division Programs and special needs population activities.
Redding City Council May 3, 2022
Electric Utility
9.5(b). Consider authorization of Renewable Energy p urchases with Shell Energy North America (US), L.P.
Recommendation:
Authorize the Electric Utility Director to execute the “Long -Term Resource Contingent Bundled Renewable Energy (PCC1) Resale” (Long -term) and “Short -Term Contingent Bundled Renewable Energy (PCC1) Resale” (Short -term) Transaction Confir mations with Shell Energy North America (US), L.P. for the period of January 1, 2025 through December 31, 2034, under the authority of existing Council Resolution No. 2009-46.
Public Works
9.11(c). Oral report providing a progress update regarding development of the Airport Strategic Plan for the Redding Municipal Airport.
Recommendation:
Accept the oral report.
11. COUNCIL TRAVEL REPORT(S)
Board Member attendance at conference(s)/meeting(s) reimbursed at City expense. {Requirement of Assembly Bill 1234}
Information Only
12. SUGGESTIONS FROM COUNCIL MEMBERS RELATIVE TO POTENTIAL TOPICS
FOR FUTURE CITY COUNCIL MEETINGS
13. ADJOURNMENT
Redding City Council May 3, 2022
Pursuant to the Brown Act, non -confidential materials related to an item on this a genda submitted to the City Council after distribution of the agenda packet are available for inspection during normal business hours at the Office of the City Clerk, 3 rd Floor, City Hall, 777 Cypress Avenue, Redding, California.
City Coun cil Meetings will be televised live on Shasta Community Access Channels via Charter/Spectrum Cable channel 181 , and will be rerun on Thursday at 12:30 p.m. during the week in which the meeting is held. Additionally, the meeting can be viewed online at the following: http://scac.cablecast.tv:8080/CablecastPublicSite/watch/4?channel=1. Video of the City Council meetings can also be viewed on the City’s web site at http://www.cityofredding.org/. Open the City’s meetings and agendas portal; Click on tab named "Meetings Videos" and select Redding City Council under “Available Archives 2022” select the desired date, then click on “video” to view the meeting.
In compliance with Title II of the Americans with Disabilities Act, the City of Redding will make available to persons with disabilities modifications or accommodations including auxiliary aids or services necessary to participate in public meetings. A person needing assistance should contact the Redding City Clerk by telephone at (530) 225 -4447 or in person, or by mail at 777 Cypress Avenue, 3 rd Floor, Redding, California 96001 at least three (3) working days in advance.
The City of Redding will ensure that no per son shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination under any of its projects, activities, services, or business opportunities on the basis of race, color, national origin, age, sex, or disability, as afforded by Title VI of the Civil Rights Act of 1964 and related statutes as amended. All persons, regardless of their citizenship status, are covered under this regulation.
Questions, complaints, or requests for accommodations or additional informa tion may be forwarded to the ADA & Title VI Coordinator at 777 Cypress Avenue, Attn: Personnel Dept., Redding, California 96001, Phone (530) 225-4065.
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Mayor's Proclamation declaring May 7, 2022, as Wildfire Community Preparedness Day; and May 2022 as Wildfire Community Preparedness Month in the City of Redding.
Attachments
Proclamation
MEETING DATE: May 3, 2022
ITEM NO. 2A
FROM:
***APPROVED BY***
[email protected]
SUBJECT: 2A--Mayor's Proclamation declaring May 7, 2022, as Wildfire Community Preparedness Day; and May 2022 as Wildfire Community Prepared ness Month in the City of Redding.
Pamela Mize, City Clerk
Packet Pg. 7
A PROCLAMATION OF THE MAYOR
OF THE CITY OF REDDING, CALIFORNIA,
PROCLAIMING MAY 7, 2022, AS WILDFIRE COMMUNITY
PREPAREDNESS DAY; AND MAY 2022 AS
WILDFIRE COMMUNITY PREPAREDNESS MONTH
WHEREAS, Wildfire Community Preparedness Day, promoted by the National Fire Protection Association and State Farm Insurance Co. will be held on Saturday, May 7, 2022; and
WHEREAS, Wildfire Community Preparedness Day is a national campaign that encourages people and organizations to come together on a single day to take action and raise awareness to reduce wildfire risks; and
WHEREAS, research shows there are proven methods for preparing properties for withstanding the devastating impacts of a wildfire; and WHEREAS, due to climate change and a growing fire season, the threat of wildfires in California is now nearly year-round; and
WHEREAS, due to the threat of wildfire in the community and surrounding areas, the City of Redding is making changes to become more wildfire resistant; and WHEREAS, each of us can do our part to prepare for wildfire emergencies by taking steps to make effective changes to our homes and landscapes to reduce the risk of wildfire; and
WHEREAS, the extension of Wildfire Community Preparedness Day to the entire month of May would help bring awareness to the community of the risks of wildfire; NOW, THEREFORE, as Mayor of the City of Redding, I do hereby proclaim May 7, 2022, as Wildfire Community Preparedness Day ; and May 2022 as Wildfire Community Preparedness Month in the City of Redding, and encourage citizens to prepare for and make the necessary changes to the ir homes and properties to reduce the risks of wildfire.
IN TESTIMONY WHEREOF, I HEREUNTO SET MY HAND AND CAUSE THE SEAL OF THE CITY OF REDDING TO BE AFFIXED THIS 3 RD DAY OF MAY 2022.
__________________________________
KRISTEN SCHREDER, MAYOR
Packet Pg. 8
Attachment: Proclamation (2A--Mayor's Proclamation re: May 7, 2022 and May 2022 as Wildfire Community Preparedness Day & Month)
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Approve Minutes: Regular Meeting of March 1, 2022; Regular Meeting of April 5, 2022; and Special Meeting – Closed Session of April 19, 2022.
Attachments
Unofficial Minutes - March 1, 2022 - Regular Meeting (available online) Unofficial Minutes - April 5, 2022 - Regular Meeting (available online) Unofficial Minutes - April 19, 2022 - Special Meeting - Closed Session (available online) MEETING DATE: May 3, 2022
ITEM NO. 4(a)
FROM:
***APPROVED BY***
[email protected]
[email protected]
SUBJECT: 4(a)--Approve City Council Minutes.
Pamela Mize, City Clerk
Packet Pg. 9
507
03/01/2022
Unofficial Minutes
Redding City Council, Regular Meeting
Civic Center Council Chambers
777 Cypress Avenue
Redding, CA 96001
March 1, 2022, 6:00 PM
The City Council Chambers are fully open to the public in compliance with current guidelines from the California Department of Public Health regarding indoor meetings.
The meeting was called to order by Mayor Kristen Schreder with the following Council Members present: Michael Dacquisto, Mark Mezzano, Erin Resner, and Julie Winter.
Also present were: City Manager Barry Tippin, Assistant City Manager Sheri DeMaagd, City Attorney Barry DeWalt, City Clerk Pamela Mize, Executive Assistant Amber DalPoggetto, and Executive Assistant Luisa Klapperich.
The Pledge of Allegiance to the Flag was led by Mayor Schreder.
The Invocation was provided by Lori Moretti, Redding Police and Fire Departments' Chaplain.
PRESENTATIONS
2A. Presentation of City of Redding Appreciation Clock to Tony Lewis for his service on the Community Services Advisory Commission from January 15, 2019, to December 31, 2021.
The City Council took no formal action on this informational item.
2B. Presentation of Mayor’s Proclamation declaring March 2022 as American Red Cross Month in the City of Redding.
The City Council took no formal action on this informational item.
PUBLIC COMMENT
Nick Gardner voiced his concern regarding the homeless population and overgrown ditches in the community.
Michael Roberts, local contractor and developer, expressed his frustration with City Code Enforcement in regards to commercial properties.
Alex Bielecki spoke regarding adjustments to law enforcement.
CONSENT CALENDAR
The following matters were consider ed inclusively under the Consent Calendar and each Report to City Council (staff report) is incorporated herein by reference:
4(b). Accept City of Redding Accounts Payable Register No. 15; and Payroll Register No. 16.
Accounts Payable Register No. 1 5 for the period of February 1, 2022, through February 11, 2022 , for a total of $ 6,939,399.73 for check numbers 168838 through 169170, inclusive, ACH Transfer numbers 17991 through 18028 inclusive, Wire Transfer numbers 11255 through 11270, inclusive; (2) Payroll Register No. 16 for the period of January 23, 2022 through February 5, 2022 , in the amount of $ 3,551,325.60 for electronic deposit transaction numbers 552208 through 553146, and check numbers 607839 through 607853, inclusive; SUMMARY TOTAL: $10,490,725.33.
4(c). Accept City of Redding Treasurer’s Report for the month of January 2022.
4(d). Accept City of Redding Proof of Cash reconciliation and ACR133 report for the month of January 2022.
Packet Pg. 10
Attachment: Unofficial Minutes - March 1, 2022 - Regular Meeting (available online) (4(a)--Approve City Council Minutes) 508
03/01/2022
4(e). Adopt Ordinance No. 2646, an ordinance of the City Council of the City of Redding: (1) adopting the Addendum to the Negative Declaration adopted for the Downtown Redding Specific Plan; (2) adopting the Addendum to the Mitigated Negative Declaration prepared for the City of Redding Zoning Map; (3) adop ting the Downtown Redding Specific Plan Update (Specific Plan Amendment Application AMND -2021-00361); (4) approving amendments to Redding Zoning Map (Rezoning Application RZ -2021-00450); and (5) making findings in support of a general plan consistency determination.
The Vote:
AYES: Council Members – Mezzano, Winter, and Schreder
NOES: Council Members – None
RECUSE: Council Members – Dacquisto and Resner
ABSENT: Council Members – None
4.1(a). Accept report and make a determination by a four -fifths (4/5ths) affirmative vote that conditions of local emergency continue to exist within the City of Redding, under Public Contract Code section 22050(c)(1) related to the Coronavirus (COVID-19).
4.3(a). Approve and authorize the following actions for the City of Red ding Information Technology Department: (1) increase total spending threshold of purchases to $500,000 using Dell NASPO Master Agreement No. MNWNC -108 for remainder of the contract year (July 31, 2021, through July 31, 2022); and (2) ratify purchase of servers for Redding Electric Utility in the amount of $186,099 as approved by the City Manager.
4.5(a). Adopt Resolution No. 2022-022, a resolution of the City Council of the City of Redding, approving and adopting the 29th Amendment to City Budget Resolutio n No. 2021 -078 appropriating $600,000 for engineering and design services to build a new substation in East Redding.
4.6(a). Authorize the following relative to funding and implementing the Shasta Youth Leadership Initiative: (1) approve submittal of appl ication for California Volunteers’ CaliforniansForAll Youth Workforce Development Program Grant; and (2) authorize City Manager, or designee, to execute all documents necessary to apply for the grant, appropriate funds should the grant be awarded, and exec ute any agreements necessary to implement the project.
4.11(a).Approve purchase of one Caterpillar 323 Excavator from Peterson Tractor using Sourcewell contract pricing, with a net delivered cost of $384,914.69, including all applicable taxes and fees for the City of Redding Solid Waste Utility.
4.11(b).Approve increase to project budget for completion of Bid Schedule No. 5233, (Job Order No. 2633) Repl ace Asphalt Concrete Surfacing 2021, in the amount of $430,000 to the construction contingency budget, bringing the construction contingency total to $680,000.
4.11(c).Adopt Resolution No. 2022-023, a resolution of the City Council of the City of Redding, approving use of the “Standard Specifications for Public Works Construction” 2021 Edition, and its future supplements; and authorize the Public Works Director to approve the use of future supplements to the 2021 edition as they are published for use by the City of Redding Public Works and Development Services Departments.
4.11(d).Accept City of Redding Mitigation Fee Act Report Update, including an accounting of development fees; and adopt Resolution No. 2022-024, a resolution of the City Council of the City of Redding, making findings concerning unexpended funds.
4.15(a).Authorize and approve the following relative to hiring incentives for the City of Redding (City) Electric Utility: (1) approve signing incentive in the amount of $10,000 for the recruitment of Electric Utility System Operators – Transmission & Distribution, with half paid upon appointment to the position and half paid upon successful completion of probation; and (2) approve referral incentive in the amount of $1,000 for current City employees who refer an Electric Utility System Operator – Transmission & Distribution, with half paid upon hire and half paid upon the successful completion of probation.
Packet Pg. 11
Attachment: Unofficial Minutes - March 1, 2022 - Regular Meeting (available online) (4(a)--Approve City Council Minutes) 509
03/01/2022
A MOTION WAS MADE by Council Member Resner, seconded by Council Member Dacquisto, that the foregoing items on the Consent Calendar be accepted, acknowledged, adopted, approved, and/or authorized as recommended, except as otherwise noted.
The Vote:
AYES: Council Members – Dacquisto, Mezzano, Resner, Winter, and Schreder NOES: Council Members – None
ABSTAIN: Council Members – None
ABSENT: Council Members – None
Resolution Nos. 2022-022 through 2022-024 and Ordinance No. 2646 are on file with the Office of the City Clerk.
REGULAR CALENDAR: REPORTS & COMMUNICATIONS OF DEPARTMENTS,
BOARDS, COMMISSIONS AND COMMITTEES
9.1(b). Forgiveness of Redding Electric Utility loan related to California Soccer Park turf replacement.
City Manager Tippin summarized the Report to City Council (staff report), incorporated herein by reference.
A discussion amongst the council ensued.
A MOTION WAS MADE by Council Member Dacquisto, seconded by Council Member Resner, to authorize repayment of the $3.1 million loan from the Redding Electric Utility to the City of Redding General Fund related to California Soccer Park turf replacement and directed staff to return to the 2023 -25 Budget Workshop(s) with proposals for terms of repayment. The Vote: Unanimous Ayes
9.8(a). Approval of three permanent firefighter positions and adoption of Resolution appropriating funds for the Redding Fire Department.
Chief Vanlandingham summarized the Report to City Council (staff report), incorporated herein by reference.
A MOTION WAS MADE by Council Member Mezzano, seconded by Council Member Winter, to authorize the following actions for the Redding Fire Department: (1) approve three permanent Firefighter positions to cover shift vacancies, which will improve Firefighters' health, safety, and well -being and reduce overtime costs; and (2) adopt Resolution No. 2022 -025, a resolut ion of the City Council of the City of Redding, approving and adopting the 30th Amendment to City Budget Resolution No. 2021 -078 appropriating $97,750 to create the Firefighter positions.
The Vote:
AYES: Council Members – Dacquisto, Mezzano, Resner, Winter, and Schreder NOES: Council Members – None
ABSTAIN: Council Members – None
ABSENT: Council Members – None
Resolution No. 2022-025 is on file with the Office of the City Clerk.
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Attachment: Unofficial Minutes - March 1, 2022 - Regular Meeting (available online) (4(a)--Approve City Council Minutes) 510
03/01/2022
ADJOURNMENT
There being no further business , at the hour of 6:58 p.m. Mayor Schreder declared the m eeting adjourned.
APPROVED:
_______________________________
Kristen Schreder, Mayor
ATTEST:
_______________________________
Pamela Mize, City Clerk
Packet Pg. 13
Attachment: Unofficial Minutes - March 1, 2022 - Regular Meeting (available online) (4(a)--Approve City Council Minutes) 521
04/05/2022
Unofficial Minutes
Redding City Council, Regular Meeting
Civic Center Council Chambers
777 Cypress Avenue
Redding, CA 96001
April 5, 2022, 6:00 PM
The City Council Chambers are fully open to the public in compliance with current guidelines from the California Department of Public Health regarding indoor meetings.
The meeting was called to order by Mayor Pro Tempore Mezzano with the following Council Members present: Erin Resner and Julie Winter. Mayor Kristen Schreder and Vice Mayor Michael Dacquisto were absent.
Also present were: City Manager Barry Tippin, Assistant City Manager Sheri DeMaagd, City Attorney Barry DeWalt, Assistant City Clerk Sharlene Tipton, and Executive Assistan t Luisa Klapperich.
The Pledge of Allegiance to the Flag was led by Mayor Pro Tempore Mark Mezzano.
The Invocation was provided by Lynda Manoli, Redding Police and Fire Departments' Chaplain.
PRESENTATIONS
2A. Presentation of M ayor’s Proclamation presented by Mayor Pro Tempore Mezzano to Wendy Dickens, Executive Director for First 5 Shasta, declaring April 2-9, 2022, as Week of the Young Child in the City of Redding.
The City Council took no formal action on this informational item.
2B. Presentation of Mayor's Proclamation presented by Mayor Pro Tempore Mezzano to Michael Burke, Executive Director for Pathways to Hope for Children, declaring April 2022 as Child Abuse Prevention Awareness Month in the City of Redding.
The City Council took no formal action on this informational item.
2C. Presentation by Interim City of Redding (City) Personnel Director Kelley Martinez regarding the City’s Volunteer Program in recognition of April 17 -23, 2022, as National Volunteer Appreciation Week in the City of Redding.
The City Council took no formal action on this informational item.
PUBLIC COMMENT
Bryan Quick, local fishing guide for the Redding Fly Shop, and Ian Stratte, local fishing guide, both highlighted issues such as theft, break -ins, and vandalism at the Posse Grounds Boat Ramp located behind the Civic Auditorium along the Sacramento River, as well as the Bonnyview Boat Ramp also located along the Sacramento River; and expressed frustration with the lack of cleanliness of the restrooms.
Dustin Revel, fishing guide with Downriver Fly Fishing, expressed concern regarding the increase of refuse in the Sacramento River and opined that the most egregious areas are on City of Redding- owned properties. He provided photographs depicting t he refuse along the river, incorporated herein by reference.
Dolores Lucero conveyed her need to expose corruption when she sees it, and wanted to applaud Council Member Resner and County of Shasta Supervisor District 1 Candidate, for exposing alleged corruption by County of Shasta Supervisor District 1 Candidate Kevin Crye.
Alex Bielecki opined that he supports adjustments to law enforcement and criminal prosecutions.
Packet Pg. 14
Attachment: Unofficial Minutes - April 5, 2022 - Regular Meeting (available online) (4(a)--Approve City Council Minutes) 522
04/05/2022
CONSENT CALENDAR
The following matters were considered inclusively under the Conse nt Calendar and each Report to City Council (staff report) is incorporated herein by reference:
4(b). Accept City of Redding Accounts Payable Register No. 17; and Payroll Register Nos. 18 and 19.
Accounts Payable Register No. 17 for the period of March 1, 2022, through March 11, 2022, for a total of $4,487,565.77 for check numbers 169459 through 169785, inclusive, ACH Transfer numbers 18089 through 18122 inclusive, Wire Transfer numbers 11288 through 11308, inclusive; (2) Payroll Register No. 18 for the period of February 20, 2022, through March 5, 2022, in the amount of $3,623,792.43 for electronic deposit transaction numbers 554073 through 554999, and check numbers 607896 through 607918, inclusive; and (3) Payroll Register No. 19 for the period of March 6, 2022, through March 19, 2022, in the amount of $3,598,998.08 for electronic deposit transaction numbers 555000 through 555925, and check numbers 607919 through 607966, inclusive; SUMMARY TOTAL:
$11,710,356.28.
4(c). Accept the City of Redding Treasurer’s Report for the month of February 2022.
4(d). Accept City of Redding Proof of Cash reconciliation and ACR133 report for the month of February 2022.
4.1(a). Approve the contract with Youth Violence Prevention Council of Shasta County dba Youth Options Shasta for an annual amount of $30,000 from May 1, 2022, through June 30, 2024, with the option of two one -year extensions to manage youth programming efforts for the City of Redding including formation of a Youth Action Council and other opportunities for civic engagement by Redding’s youth; and authorize the Mayor to execute the contract.
4.1(b). Approve and ratify the submittal of a grant application in the amount of $3,120,368, due by March 28, 2022, to the California Natural Resources Agency Urban Gr eening Fund Program, for assistance with the completion of the California Street Cycle Track Project in Downtown Redding.
4.1(c). Authorize the submission of a grant application to the United States Department of Transportation Rebuilding American Infras tructure with Sustainability and Equity (RAISE) grant program for $22,000,000 for the South Bonnyview Divergent Diamond Interchange and Corridor Capacity Improvement Project. The RAISE grant program has made $1,500,000,000 of funding available due to increased funding from the federal 2021 Infrastructure Investment and Jobs Act.
4.5(a). Authorize the following actions for the Redding Electric Utility Capital Improvement Plan Medium Impact Program Development: (1) approve the Master Service Agreement and Proposal with Archer Energy Solutions, LLC, in an amount not to exceed $366,520; and (2) authorize the City Manager, or designee, to execute the agreement and any associated documents and amendments necessary to complete the work.
4.5(b). Authorize award of Bid Schedule No. 5271, Padmount Distribution Switches, to Electro - Mechanical, LLC, in the amount of $247,892.29, for the Redding Electric Utility.
4.6(a). Authorize the following relative to the Building Forward Library Infrastructure Program:
(1) authorize staff to apply for the Building Forward Library Infrastructure Program grant administered by the California State Library on behalf of the Shasta Public Libraries, for an amount up to $3,000,000; and (2) authorize the City Manager to execute all documents necessary to apply for the grant, appropriate funds should the grant be awarded, and execute any agreements necessary to implement the grant if awarded.
4.6(b). Accept property donation of the 25-acre parcel along the Sacramento River adjacent to the Kapusta Open Space from the Redding Foundation; and authorize the City Manager to execute the necessary documents to transfer title of Assessor’s Parcel No. 050-090-026.
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Attachment: Unofficial Minutes - April 5, 2022 - Regular Meeting (available online) (4(a)--Approve City Council Minutes) 523
04/05/2022
4.11(a).Authorize the following actions relative to Bid Schedule No. 5249 (Job No. 2 612) Shasta Street Railroad Crossing Improvements Project: (1) award to S.T. Rhodes Construction Inc. in the amount of $281,719; (2) approve an additional $75,000 to cover the cost of construction administration and inspection fees; and $126,000 for projec t development costs; (3) approve $28,000 to provide construction contingency funding; (4) authorize the City Manager to approve additional increases in either the construction management or construction contingency amounts up to a total of $15,000; (5) fin d that the Project is categorically exempt from review under the California Environmental Quality Act Guidelines Section 15301(c) - Existing Facilities; (6) authorize the City Manager to execute necessary contract amendments to the Agreement (C -7416) with California Department of Transportation (Caltrans) to obtain additional grant funding; and (7) authorize the City Manager to budget additional grant funds provided from Caltrans for this project.
4.11(c)Authorize the following actions relative to Request for Proposals (RFP) No. 5264, to provide engineering and right of way services for the Stillwater Business Park Phase 2 Projects: (1) award to Dokken Engineering Inc. in an amount not to exceed $857,370; (2) authorize the Mayor to execute the Consultant an d Professional Services Contract with Dokken Engineering Inc.; and (3) authorize the City Manager to approve contract amendments not to exceed $90,000.
4.11(d)Approve increases to the project budget in the amount of $250,000 for the completion of Bid Schedule No. 5201, West Street Area School Safety Improvement Project as outlined below for additional improvements: (1) an increase of $80,000 to the construction management budget, bringing the construction management total to $365,000; and (2) an increase of $170,000 to the construction contingency budget, bringing the construction contingency total to $380,000.
4.11(e).Adopt Resolution No. 2022-033, a resolution of the City Council of the City of Redding, approving and adopting the 35th Amendment to City Budget Resolution No. 2021 -078 appropriating $409,130 in City of Redding Storm Drain funds for the East Cypress Box Culvert Project.
4.11(f).Approve the following actions relative to the City of Redding (City) Public Works Department vehicle leasing prog ram: (1) adopt Resolution No. 2022 -034, a resolution of the City Council of the City of Redding, approving and adopting the 36th Amendment to City Budget Resolution No. 2021 -078 transferring $20,000 for Fiscal Year 2021 -22 and $20,000 for Fiscal Year 2022 -23 to facilitate the payment of capital vehicle leases; (2) authorize the City Public Works Department to add additional vehicles to the existing Master Equity Lease Agreement (C -8192) with Enterprise Fleet Management for the purpose of leasing vehicles to the Engineering/Construction Divisions; and (3) authorize adding the Public Works Director as an Authorized Signer to the Lease Agreement.
4.11(g).Authorize the Mayor to execute an Indemnity Agreement as requested by Superior California Investments, LLC, to facilitate a Permit to Enter and Construct associated with the California Alley Utility Improvement Project for the completion of City of Redding Waste Water Utility improvements.
A MOTION WAS MADE by Council Member Resner, seconded by Council Member Winter, that the foregoing items on the Consent Calendar be accepted, acknowledged, adopted, approved, and/or authorized as recommended.
The Vote:
AYES: Council Members – Mezzano, Resner, and Winter
NOES: Council Members – None
ABSTAIN: Council Members – None
ABSENT: Council Members – Dacquisto and Schreder
Resolution Nos. 2022-033 and 2022-034 are on file with the Office of the City Clerk.
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Attachment: Unofficial Minutes - April 5, 2022 - Regular Meeting (available online) (4(a)--Approve City Council Minutes) 524
04/05/2022
REGULAR CALENDAR: REPORTS & COMMUNICATIONS OF DEPARTMENTS,
BOARDS, COMMISSIONS AND COMMITTEES
9.1(d). This Item, regarding placement of a ballot measure on the November 8, 2022, General Municipal Election ballot to appoint the City Clerk and City Treasurer of the City of Redding rather than elect, was removed from the agenda at the request of the City Manager.
9.2(a). Implementation of vegetation management regulations and other wildfire mitigation measures for the City of Redding.
Assistant City Manager Sheri DeMaagd, Fire Marshal Craig Wittner, and Planning Manager Lily Toy provided a PowerPoint presentation and highlighted the Report to City Council (staff report), both incorporated herein by reference.
A discussion amongst the Council and Fire Marshal Wittner ensued.
In response to a citizen’s question asking that since it is the homeowner’s responsibility to maintain defensible space of up to 30 feet from the property line when it overlaps the 100 foot defensible space of an adjacent property, did that mean that people were to trespass on their neighbor’s property to accomplish this, Mr. Tippin stated that each property owner is responsible for their own area.
A MOTION WAS MADE by Council Member Winter, seconded by Council Member Resner, to approve the following actions relative to wildfire mitigation measures: (1) authorize staff to meet with stakeholder s to receive input on proposed vegetation management standards; (2) determine that the wildfire mitigation measures in the following areas of the Redding Municipal Code will apply City -wide: (a) Building Code; (b) Fire Code; (c) Subdivision Code; (d) Zoning Code; (3) direct staff to present possible wildfire mitigation measures to the Planning Commission for consideration; and (4) return to the City Council with recommendations for consideration at a future Council meeting.
The Vote:
AYES: Council Members – Mezzano, Resner, and Winter
NOES: Council Members – None
ABSTAIN: Council Members – None
ABSENT: Council Members – Dacquisto and Schreder
9.11(b).Operational Needs Assessment for the City of Redding's parking needs, and adoption of a Resolution re-establishing the Redding Police Department's parking enforcement personnel in Downtown Redding.
Public Works Director Chuck Aukland, Redding Transportation Planner Zack Bonnin, and Dixon Resources Unlimited Consultant Julie Dixon provided a PowerPoint presentation and provided an overview of the Report to City Council (staff report), both incorporated herein by reference.
Mr. Aukland noted that the rates would cost up to $1.00 per hour depending on location and demand.
David Pudwill expressed his opposition to paid parking in Downtown Redding, noting that his personal mission is to empower an unencumber people, and expressed that his time is worth money as well.
A discussion amongst the Council ensued.
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Attachment: Unofficial Minutes - April 5, 2022 - Regular Meeting (available online) (4(a)--Approve City Council Minutes) 525
04/05/2022
A MOTION WAS MADE by Council Member Winter, seconded by Council Member Resner, to authorize the following actions relative to the City of Redding (City) Downtown Parking Strategy as outlined in the Operational Needs Assessment (Assessment) and summarized below: (1) accept the Assessment outlining the status of parking in Downtown Redding and providing recommendations for parking solutions; (2) approve the implementation of the Assessment recommendations, including the user -paid parking system in Downtown Redding utilizing multi-space pay stations and rates up to $1.00 per hour depending on location and demand. Staff will return to the City Council for subsequent specific actions to amend parking ordinances and establish increased parking rates as needed to complete implementation of the Assessment; an d (3) adopt Resolution No. 2022 -035, a resolution of the City Council of the City of Redding, approving and adopting the 37th Amendment to City Budget Resolution No. 2021-078 re-establishing one full-time Parking Enforcement Officer position within the Red ding Police Department utilizing capital funds from the Traffic Mitigation fund.
The Vote:
AYES: Council Members – Mezzano, Resner, and Winter
NOES: Council Members – None
ABSTAIN: Council Members – None
ABSENT: Council Members – Dacquisto and Schreder
Resolution No. 2022-035 is on file with the Office of the City Clerk.
9.15(a).Adoption of two Resolutions amending the Executive Management Pay-For-Performance Salary Schedule and approving the creation of six additional positions for the Redding Electric Utility (REU).
Interim Personnel Director Kelley Martinez summarized the Report to City Council (staff report), incorporated herein by reference.
A MOTION WAS MADE by Council Member Resner, seconded by Council Member Winter, to authorize the following actions relative to proposed organizational changes within REU: (1) adopt Resolution No. 2022 -036, a resolution of the City Council of the City of Redding, amending the Executive Management Pay -For-Performance Salary Schedule effective April 3, 2022; and ( 2) adopt Resolution No. 2022 -037, a resolution of the City Council of the City of Redding, approving and adopting the 38th Amendment to the City Budget Resolution No. 2021 -078 authorizing the creation of six additional positions for REU related to the Five-Year Capital Improvement Plan.
The Vote:
AYES: Council Members – Mezzano, Resner, and Winter
NOES: Council Members – None
ABSTAIN: Council Members – None
ABSENT: Council Members – Dacquisto and Schreder
Resolution No. 2022-036 and No. 2022-037 are on file with the Office of the City Clerk.
COUNCIL TRAVEL REPORT
Council Member Resner attended the League of California Cities Sacramento Valley Division Membership Meeting on March 25, 2022, held in Folsom, California.
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Attachment: Unofficial Minutes - April 5, 2022 - Regular Meeting (available online) (4(a)--Approve City Council Minutes) 526
04/05/2022
ADJOURNMENT
There being no further business, at the hour of 8:16 p.m. Mayor Pro Tempore Mezzano declared the meeting adjourned.
APPROVED:
_______________________________
Mark Mezzano, Mayor Pro Tempore
ATTEST:
_______________________________
Sharlene Tipton, Assistant City Clerk
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Attachment: Unofficial Minutes - April 5, 2022 - Regular Meeting (available online) (4(a)--Approve City Council Minutes) 527
04/19/2022
Unofficial Minutes
Redding City Council, Special Meeting
Civic Center Council Chambers
777 Cypress Avenue
Redding, CA 96001
April 19, 2022, 5:15 PM
The City Council Chambers are fully open to the public in compliance with current guidelines from the California Department of Public Health regarding indoor meetings.
The meeting was called to order by Mayor Kristen Schreder with the following Council Members present: Michael Dacquisto, Mark Mezzano, Erin Resner, and Julie Winter.
Also present were: City Manager Barry Tippin, City Attorney Barry DeWalt, and Executive Assistant Luisa Klapperich called the roll prior to leaving the Closed Session meeting.
PUBLIC COMMENT
Mayor Schreder determined that no one present wished to address the items agendized for Closed Session.
CLOSED SESSION
At the hour of 5:17 p.m., Mayor Schreder opened the Special Meeting and announced that the Council would adjourn to Closed Session.
3A. Closed Session pursuant to California Government Code Section 54956.9(d)(1):
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Sweeney v. City of Redding; WCAB Case Nos. ADJ15322932, ADJ14466673 and ADJ13057380
Pursuant to Government Code section 54957.1(a), the City Council took no reportable action on this item.
3B. Closed Session pursuant to California Government Code Section 54957.6:
CONFERENCE WITH LABOR NEGOTIATOR
Designated Agency Representative: Assistant City Manager/Personnel Director DeMaagd
Employee Organizations:
1. International Brotherhood of Electrical Workers AFL-CIO-Electric Employees
2. Redding Independent Employees’ Organization -Clerical, Technical and Professional Unit
3. Redding Independent Employees’ Organization -Supervisory & Confidential Unit
Pursuant to Government Code section 54957.1(a), the City Council took no reportable action on this item.
ADJOURNMENT
There being no further business, Mayor Schreder declared the meeting adjourned at the hour of 6:00 p.m.
APPROVED:
_______________________________
Kristen Schreder, Mayor
ATTEST:
_______________________________
Pamela Mize, City Clerk
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Attachment: Unofficial Minutes - April 19, 2022 - Special Meeting - Closed Session (available online) (4(a)--Approve City Council Minutes)
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Accept City of Redding Accounts Payable Register No. 19; and Payroll Register No. 21.
Fiscal Impact
There is no fiscal impact to accepting the registers.
Alternative Action
The City Council could choose to not accept the registers and provide direction to staff.
Background/Analysis
Attached are the Accounts Payable and Payroll Registers as follows:
Accounts Payable:
(1) Register Number 19 for the period April 1 , 2022 – April 15 , 2022 , in the amount of $8,407,160.55.
Payroll:
(1) Register Number 21 for the period April 3 , 2022 – April 16, 2022 , in the amount of $3,632,901.43.
Council Priority/City Manager Goals
• This agenda item is a routine operational item.
Attachments
Accounts Payable Register No. 19 and Payroll Register No. 21 (available online) MEETING DATE: May 3, 2022
ITEM NO. 4(b)
FROM:
***APPROVED BY***
[email protected]
SUBJECT: 4(b)--City of Redding Accounts Payable and Payroll Registers.
Allyn Feci Clark, Director of
Finance/City Treasurer
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Attachment: Accounts Payable Register No. 19 and Payroll Register No. 21 (available online) (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 23
Attachment: Accounts Payable Register No. 19 and Payroll Register No. 21 (available online) (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 24
Attachment: Accounts Payable Register No. 19 and Payroll Register No. 21 (available online) (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 25
Attachment: Accounts Payable Register No. 19 and Payroll Register No. 21 (available online) (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 26
Attachment: Accounts Payable Register No. 19 and Payroll Register No. 21 (available online) (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 27
Attachment: Accounts Payable Register No. 19 and Payroll Register No. 21 (available online) (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 28
Attachment: Accounts Payable Register No. 19 and Payroll Register No. 21 (available online) (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 29
Attachment: Accounts Payable Register No. 19 and Payroll Register No. 21 (available online) (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 30
Attachment: Accounts Payable Register No. 19 and Payroll Register No. 21 (available online) (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 31
Attachment: Accounts Payable Register No. 19 and Payroll Register No. 21 (available online) (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 32
Attachment: Accounts Payable Register No. 19 and Payroll Register No. 21 (available online) (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 33
Attachment: Accounts Payable Register No. 19 and Payroll Register No. 21 (available online) (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 34
Attachment: Accounts Payable Register No. 19 and Payroll Register No. 21 (available online) (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 35
Attachment: Accounts Payable Register No. 19 and Payroll Register No. 21 (available online) (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 36
Attachment: Accounts Payable Register No. 19 and Payroll Register No. 21 (available online) (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 37
Attachment: Accounts Payable Register No. 19 and Payroll Register No. 21 (available online) (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 38
Attachment: Accounts Payable Register No. 19 and Payroll Register No. 21 (available online) (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 39
Attachment: Accounts Payable Register No. 19 and Payroll Register No. 21 (available online) (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 40
Attachment: Accounts Payable Register No. 19 and Payroll Register No. 21 (available online) (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 41
Attachment: Accounts Payable Register No. 19 and Payroll Register No. 21 (available online) (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 42
Attachment: Accounts Payable Register No. 19 and Payroll Register No. 21 (available online) (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 43
Attachment: Accounts Payable Register No. 19 and Payroll Register No. 21 (available online) (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 44
Attachment: Accounts Payable Register No. 19 and Payroll Register No. 21 (available online) (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 45
Attachment: Accounts Payable Register No. 19 and Payroll Register No. 21 (available online) (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 46
Attachment: Accounts Payable Register No. 19 and Payroll Register No. 21 (available online) (4(b)--Accounts Payable and Payroll Registers)
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Accept the City of Redding Treasurer’s Report for the month of March 2022.
Fiscal Impact
There is no fiscal impact to accepting the report.
Alternative Action
The City Council could choose to not accept the report and provide direction to staff.
Background/Analysis
Attached is the Treasurer’s Re port for the month ended March 31 , 2022 , the March 2022 Portfolio Management Report, and a summary of the City of Redding ’s (City) portfolio. For comparative purposes, prior month information is also reported.
The City’s portfolio meets the requirements of Investment Policy No. 408. Market values for securities are obtained from US Bank Institutional Trust and Custody Department. The Treasurer’s accountability total may be measured against the Finance Department ACR 133 cash reconciliation report for March 2022.
The effective monthly rate of return for City T reasurer-managed funds during March 2022 was
0.74 percent, a gain of seven basis points from February 2022. The Fiscal Year 2021 -22 rate of return was 0.6 4, a gain of two basis points from February 2022. A basis point equals one one - hundredth of one percent, or 0.01 percent.
MEETING DATE: May 3, 2022
ITEM NO. 4(c)
FROM:
***APPROVED BY***
[email protected]
SUBJECT: 4(c)--City of Redding Treasurer's Report for March 2022.
Allyn Feci Clark, Director of
Finance/City Treasurer
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Report to Redding City Council April 25, 2022
Re: 4(c)--Treasurer's Report - March 2022 Page 2
Investment activity in the portfolio during the month of March 2022 included the purchase of three Federal Agency Coupon Bonds. In addition, ad justments in the Local Agency Investment Fund (LAIF) and the money market accounts were made to accommodate cash flow.
Treasurer’s Accountability changed from $298,851,698 to $298,431,805 a decrease of $419,893.
This is a normal variation due to operating activity.
The City Treasurer respectfully recommends the City Council accept the attached Treasurer’s Report for March 2022 noting a Total Treasurer’s Accountability of $ 298,431,805 and an organizational total of $ 321,182,731 which includes assets held by the C ity of Redding as Successor Agency to the Redding Redevelopment Agency, as well as Entity and Trustee accounts.
Council Priority/City Manager Goals
• This is a routine operational item.
Attachments
Treasurer's Report March 2022 (available online)
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Packet Pg. 49
Attachment: Treasurer's Report March 2022 (available online) (4(c)--Treasurer's Report - March 2022) Packet Pg. 50
Attachment: Treasurer's Report March 2022 (available online) (4(c)--Treasurer's Report - March 2022) Packet Pg. 51
Attachment: Treasurer's Report March 2022 (available online) (4(c)--Treasurer's Report - March 2022) Packet Pg. 52
Attachment: Treasurer's Report March 2022 (available online) (4(c)--Treasurer's Report - March 2022) Packet Pg. 53
Attachment: Treasurer's Report March 2022 (available online) (4(c)--Treasurer's Report - March 2022) Packet Pg. 54
Attachment: Treasurer's Report March 2022 (available online) (4(c)--Treasurer's Report - March 2022) Packet Pg. 55
Attachment: Treasurer's Report March 2022 (available online) (4(c)--Treasurer's Report - March 2022) Packet Pg. 56
Attachment: Treasurer's Report March 2022 (available online) (4(c)--Treasurer's Report - March 2022) Packet Pg. 57
Attachment: Treasurer's Report March 2022 (available online) (4(c)--Treasurer's Report - March 2022) Packet Pg. 58
Attachment: Treasurer's Report March 2022 (available online) (4(c)--Treasurer's Report - March 2022) Packet Pg. 59
Attachment: Treasurer's Report March 2022 (available online) (4(c)--Treasurer's Report - March 2022) Packet Pg. 60
Attachment: Treasurer's Report March 2022 (available online) (4(c)--Treasurer's Report - March 2022) Packet Pg. 61
Attachment: Treasurer's Report March 2022 (available online) (4(c)--Treasurer's Report - March 2022) Packet Pg. 62
Attachment: Treasurer's Report March 2022 (available online) (4(c)--Treasurer's Report - March 2022) Packet Pg. 63
Attachment: Treasurer's Report March 2022 (available online) (4(c)--Treasurer's Report - March 2022) Packet Pg. 64
Attachment: Treasurer's Report March 2022 (available online) (4(c)--Treasurer's Report - March 2022) Packet Pg. 65
Attachment: Treasurer's Report March 2022 (available online) (4(c)--Treasurer's Report - March 2022) Packet Pg. 66
Attachment: Treasurer's Report March 2022 (available online) (4(c)--Treasurer's Report - March 2022) Packet Pg. 67
Attachment: Treasurer's Report March 2022 (available online) (4(c)--Treasurer's Report - March 2022) Packet Pg. 68
Attachment: Treasurer's Report March 2022 (available online) (4(c)--Treasurer's Report - March 2022) Packet Pg. 69
Attachment: Treasurer's Report March 2022 (available online) (4(c)--Treasurer's Report - March 2022) Packet Pg. 70
Attachment: Treasurer's Report March 2022 (available online) (4(c)--Treasurer's Report - March 2022)
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Accept City of Redding Proof of Cash reconciliation and ACR133 report for the month of March 2022.
Fiscal Impact
There is no fiscal impact to accepting the report.
Alternative Action
The City Council could choose to not accept the Proof of Cash reconciliation and ACR133 report and provide alternate direction to staff.
Background/Analysis
The City Council has requested a monthly report on pooled cash. The ACR133 report summarizes, by fund, the month -to-date pooled cash balances and transactions. The Proof of Cash reconciles the ACR133 report to the Treasurer’s monthly report.
Council Priority/City Manager Goals
• This is a routine operational item.
Attachments
ACR133, Current Cash Balance
Proof of Cash
MEETING DATE: May 3, 2022
ITEM NO. 4(d)
FROM:
***APPROVED BY***
[email protected]
SUBJECT: 4(d)--ACR133 Report and Cash Reconciliation for the Month of March 2022.
Allyn Feci Clark, Director of
Finance/City Treasurer
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ACR133 CITY OF REDDING KINGSSYS 11:17:23 4/06/2022GENERAL ACCOUNTING DATED 4/06/2022CURRENT CASH BALANCE - CITY COUNCIL REPORT PAGE 1ENDINGBALANCE3/31/2022111 GENERAL FUND 17,887,467.84120 ASSET SEIZURE FUND 51,004.50121 ENT ANDERSON GROUNDWATER 111,797.48-122 PARKING FUND 689,487.37123 GENERAL SPECIAL REVENUE 272,517.00124 IPSS SPECIAL REVENUE 1,081,050.57125 ROLLING STOCK REPLACEMNT 9,093,039.69126 SPECL GAS TAX ST IMPROVE 8,197,896.45127 LOCAL TRANSPORTATION 5,073,018.95128 DEVELOPMENT FUND 1,667,940.60129 LIBRARY 178,375.13-130 BRANCH LIBRARIES 24,402.45134 MUNICIPAL AIRPORT FUND 1,735,099.36-140 TOURISM/CONVENTION FUND 444,530.25-142 ELECTRIC UTILITY FUND 79,079,793.98143 WATER UTILITY FUND 56,201,395.94145 WASTEWATER UTILITY FUND 46,097,982.82147 STORM DRAIN UTILITY FUND 6,026,125.66148 WEST CENTRAL LANDFILL 12,427,806.31149 SOLID WASTE COLLECTION 15,493,069.88150 MEDIA, COMMS & PR 113,991.38151 INFORMATION TECHNOLOGY 1,974,827.52153 FLEET MAINTENANCE 194,233.19154 BUILDING MAINT & CONSTR 1,217,601.67158 RECORDS MANAGEMENT 117,743.31160 EMPLOYER SERVICES 189,406.98162 RMU ADMINISTRATION 1,420,979.60165 GEOGRAPHIC INFO SERVICES 568,016.05166 COMMUNICATIONS 286,650.86168 REPROGRAPHICS 114,952.00169 VOLUNTEER SERVICES 16,952.01171 SPECIAL DEPOSITS FUND 19,174,375.16172 RISK MANAGEMENT 9,770,376.25173 EMPLOYEE BENEFITS P/R 148,216.45174 EMPLOYEE BENEFIT GRP INS 1,686,704.98175 GASB 45 TRUST FUND 39,180.88178 CAPITAL PROJECTS FUND 1,092,971.15191 CD BLOCK GRANT FUND 2,047,881.98193 HOUSING AUTHORITY 90,697.19-194 REDDING REDEVELOPMENT 59,686.51200 REDDING AREA BUS AUTHOR. 55,163.62-230 LOW/MOD INC HOUS ASSET 888,428.84300 SPECIAL ASSESSMENT DIST. 313,055.36400 LANDSCAPE DISTRICTS 327,206.66 FINAL TOTAL 298,511,775.77ACR133 11:17:23 4/06/2022
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Attachment: ACR133, Current Cash Balance (4(d)--ACR133 Report and Cash Reconciliation - March 2022) Sheet "D" March 2022
CITY OF REDDING
PROOF OF CASH
RECONCILIATION BETWEEN TREASURER'S REPORT AND ACR 133
As of March 2022
ACR133 TREASURER
END OF MONTH BALANCE 298,511,775.77 298,431,804.76 LESS OUTSIDE MANAGED FUNDS (266.74)
ACR133 Report
CASH ACCOUNTS NOT ON ACR133
LIBRARY MERCHANT DEPOSIT 100.00
BAD CHECKS -
PAYROLL TIMING DIFFERENCE -
BANK CHARGES (64,551.22)
WIRE TRANSFER TIMING DIFFERENCE
OTHER ADJUSTMENTS (341,568.43)
BANK DR/CR (325,981.90)
TOTALS 298,105,656.12 298,105,656.12
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Attachment: Proof of Cash (4(d)--ACR133 Report and Cash Reconciliation - March 2022)
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Adopt Ordinance No. 2647, an uncodified ordinance of the City Council of the City of Redding, adopting Redding Police Department Policy No. 707 to provide guidelines for the approval, acquisition, and reporting requirements for military equipment, pursuant to California Assembly Bill No. 481.
Attachments
Ordinance No. 2647
MEETING DATE: May 3, 2022
ITEM NO. 4(e)
FROM:
***APPROVED BY***
[email protected]
SUBJECT: 4(e)--Adopt Ordinance No. 2647 for the Approval, Acquisition, and Use of Military Equipment
Bill Schueller, Chief of Police
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First reading done: 04/19/22 BS
For adoption on: 05/03/22 5-0
CC agenda item #4(e)
ORDINANCE NO. 2647
AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF REDDING ADOPTING A POLICY TO PROVIDE
GUIDELINES FOR THE APPROVAL, ACQUISITION AND
REPORTING REQUIREMENTS FOR MILITARY EQUIPMENT
WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481, which relates to the use of military equipment by state and local law enforcement agencies; and
WHEREAS, Assembly Bill 481, codified at Government Code sections 7070 through 7075, inclusive, and as applied to cities, requires local law enforcement agencies to obtain approval of a military equipment use policy prior to taking any action which supports the acquisition and use of military equipment; and WHEREAS, Government Code section 7071 requires approval of a military equipment use policy by ordinance at a regular meeting of the City Council; and WHEREAS, it further provides that the military equipment use policy must be made publicly available on the law enforcement agency's internet website for no less than thirty (30) calendar days prior to adoption of the same by ordinance; and WHEREAS, subdivision ( e) of Government Code section 7071 further requires that the City Council review any such ordinance at least annually after having considered the report required by Government Code section 7072; and
WHEREAS, the proposed military equipment use policy for the Redding Police Department Policy 707, is attached and incorporated herein; and WHEREAS, Redding Police Department Policy 707 was published on the Redding Police Department's internet website on March 22 , 2022, and was provided to the City Council on the same day;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF REDDING DOES ORDAIN AS FOLLOWS:
Section 1. Determinations and Orders.
1. Redding Police Department Policy 707 meets the requirements of subdivision ( d) of Government Code section 7070 because substantial evidence in the record establishes that:
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Attachment: Ordinance No. 2647 (4(e)--Adopt Ordinance No. 2647 re Police Military Equipment) A. Policy 707 is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety; and B. Policy 707 will safeguard the public's welfare, safety, civil rights and civil liberties; and
C. The equipment set forth in Policy 707 is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civil safety.
2. Redding Police Department Policy 707 is approved and adopted.
3. The Chief of Police shall produce the annual military equipment report required by Government Code section 7072, publish the same on the Redding Police Department internet website, and provide the notice and public engagement required by subdivision (b) of Government Code 7072.
4. The Chief of Police shall, after undertaking all actions set forth in Section 3, herein, agendize consideration of the annual military equipment report for a regular meeting of the City Council.
5. The Chief of Police shall, no later than ten months (10) months after the adoption of this ordinance, and every subsequent renewal of the same, cause consideration of an ordinance to renew this ordinance for an additional term of one (1) year to be agendized for first reading.
Section 2. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any person or circumstance. The City Council of the City of Redding hereby declares that it would have adopted each section, subsection subdivision paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections subdivisions paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.
Section 3. The City of Redding finds that this Ordinance is not a "project" according to the definition set forth in the California Environmental Quality Act ("CEQA"), and, pursuant to CEQA Guidelines sections 15060( c )(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15061(b)(3) (there is no possibility the activity in question may have a significant effect on the environment), the adoption of this ordinance is therefore not subject to the provisions requiring environmental review.
Packet Pg. 76
Attachment: Ordinance No. 2647 (4(e)--Adopt Ordinance No. 2647 re Police Military Equipment) I HEREBY CERTIFY that the foregoing ordinance was introduced and read by the City Council of the City of Redding at a re gular meeting on the 19th day of April , 2022, and was duly read and adopted at a regular meeting on the __ day of ____ , 2022, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ATTEST:
PAMELA MIZE, City Clerk
KRISTEN SCHREDER, Mayor
APPROVED AS TO FORM:
BARRY E. DeWALT, City Attorney
Packet Pg. 77
Attachment: Ordinance No. 2647 (4(e)--Adopt Ordinance No. 2647 re Police Military Equipment)
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Authorize the following relative to Bid Schedule 5272 , Single-Phase, Pole -Type Distribution Transformers:
(1) Award to Howard Industries, Inc. for an annual evaluated cost of $468,514.15; (2) Authorize the Purchasing Officer to extend the bid award annual ly with Howard Industries, Inc. through June 30, 2026, if mutually agreeable, with all terms and conditions remaining the same and prices adjusted up or down according Howard Industries Price Adjustment Policy for U.S. Department of Energy Transformer Contracts; and
(3) Authorize the City Manager to approve changes to future pricing terms and policies as needed due to inflation and unstable economic conditions.
Fiscal Impact
Adequate funding is available in Redding Electric Utility’s (REU) current biennial General System Improvements budget for the purchase of distribution transformers. These costs include the annual recurring expenditures for installation of facilities required to maintain reliable electric service.
Alternative Action
The City Council (C ouncil) could choose to not award the bid to Howard Industries, Inc. (Howard Industries) and provide alternative direction to staff.
Background/Analysis
This is a routine bid for the purchase of Single -Phase, Pole -Type Distribution Transformers through June 30, 202 3, (with up to three one -year contract extensions) on an as -needed basis subject to the availability of budgeted funds. These single -phase, pole -type distribution MEETING DATE: May 3, 2022
ITEM NO. 4.5(a)
FROM:
***APPROVED BY***
[email protected]
SUBJECT: 4.5(a)--Award of Bid Schedule 5272 - Single-Phase Pole -Type Distribution Transformers
Nick Zettel, Interim Director
of Redding Electric Utility
Packet Pg. 78
Report to Redding City Council April 25, 2022
Re: 4.5(a)--Award of Bid Schedule 5272 - Single-Phase Pole-Type Distribution TransformersPage 2
transformers are required to support residential and commercial development and p rovide emergency replacement of the existing single -phase, pole-type distribution transformers that are presently in service.
On Wednesday, March 16, 2022, six bids were opened for single -phase, pole-type distribution transformers. In the evaluation proce ss, staff analyzed the bids based on bid price and compliance with specifications. The apparent evaluated low bid was submitted by Howard Industries, furnishing Howard transformers , and follows the specifications, general conditions, and proposal requireme nts. Howard Industries ha s previously supplied distribution transformers to REU.
Transformers are purchased based on two criteria – purchase price and efficiency. The initial savings from a less costly transformer can be lost if the transformer is ineffic ient. Inefficiency results in a much higher cost for energy losses , increasing the life cycle cost of the unit. Bidders are made aware of this methodology used in bid evaluations.
Council Priority/City Manager Goals
• This agenda item is a routine operational item.
Attachments
Bid Tab
Packet Pg. 79
BID: Single-Phase, Pole-Type Distribution Transformers
PURCHASING DIVISION - TABULATION OF BIDS BID SCHEDULE NO. DATE / TIME OF OPENING 5272 Wednesday, March 16, 2022 @ 3:00 p.m.
Mauricio Duval / Nick Zettel
Item Qty
KVA
Size
Unit Price
w/out tax
Line Total
w/out tax No Load
No Load
Core Loss
($8.90/w) Full Load
Full Load
Winding
Loss
($0.75/w)
Unit Price +
No Load +
Full Load
w/out tax
Evaluated
Line Total *
w/out tax
Vendor: Howard Industries CY-4828
1 20 15 3,676.00 $ 73,520.00 $ 47 418.30$ 209 156.75$ 4,251.05$ 85,021.00 $ 2 20 25 4,484.00 $ 89,680.00 $ 63 560.70$ 335 251.25$ 5,295.95$ 105,919.00$ 3 20 37.5 5,520.00 $ 110,400.00$ 83 738.70$ 489 366.75$ 6,625.45$ 132,509.00$ 4 15 50 6,642.00 $ 99,630.00 $ 103 916.70$ 577 432.75$ 7,991.45$ 119,871.75$ 5 1 75 9,628.00 $ 9,628.00 $ 146 1,299.40$ 806 604.50$ 11,531.90$ 11,531.90 $ 6 1 100 11,422.00 $ 11,422.00 $ 165 1,468.50$ 1,028 771.00 $ 13,661.50$ 13,661.50 $ 394,280.00$ 468,514.15$
Vendor: Howard Industries CY-4829
1 20 15 4,460.00 $ 89,200.00 $ 18 160.20$ 220 165.00$ 4,785.20$ 95,704.00 $ 2 20 25 5,144.00 $ 102,880.00$ 25 222.50$ 359 269.25$ 5,635.75$ 112,715.00$ 3 20 37.5 6,233.00 $ 124,660.00$ 32 284.80$ 498 373.50$ 6,891.30$ 137,826.00$ 4 15 50 7,535.00 $ 113,025.00$ 39 347.10$ 576 432.00$ 8,314.10$ 124,711.50$ 5 1 75 9,032.00 $ 9,032.00 $ 55 489.50$ 833 624.75$ 10,146.25$ 10,146.25 $ 6 1 100 12,764.00 $ 12,764.00 $ 57 507.30$ 1,142 856.50 $ 14,127.80$ 14,127.80 $ 451,561.00$ 495,230.55$
Vendor: Howard Industries CY-4830
1 20 15 4,175.00 $ 83,500.00 $ 48 427.20$ 210 157.50$ 4,759.70$ 95,194.00 $ 2 20 25 5,041.00 $ 100,820.00$ 65 578.50$ 322 241.50$ 5,861.00$ 117,220.00$ 3 20 37.5 6,461.00 $ 129,220.00$ 84 747.60$ 465 348.75$ 7,557.35$ 151,147.00$ 4 15 50 7,979.00 $ 119,685.00$ 109 970.10$ 525 393.75$ 9,342.85$ 140,142.75$ 5 1 75 11,577.00 $ 11,577.00 $ 145 1,290.50$ 803 602.25$ 13,469.75$ 13,469.75 $ 6 1 100 13,688.00 $ 13,688.00 $ 165 1,468.50$ 1,044 783.00 $ 15,939.50$ 15,939.50 $ 458,490.00$ 533,113.00$
Vendor: Mader Supply, LLC CY-4828
1 20 15 3,933.00 $ 78,660.00 $ 47 418.30$ 209 156.75$ 4,508.05$ 90,161.00 $ 2 20 25 4,798.00 $ 95,960.00 $ 63 560.70$ 335 251.25$ 5,609.95$ 112,199.00$ 3 20 37.5 5,906.00 $ 118,120.00$ 83 738.70$ 489 366.75$ 7,011.45$ 140,229.00$ 4 15 50 7,107.00 $ 106,605.00$ 103 916.70$ 577 432.75$ 8,456.45$ 126,846.75$ 5 1 75 10,302.00 $ 10,302.00 $ 146 1,299.40$ 809 606.75$ 12,208.15$ 12,208.15 $ 6 1 100 12,222.00 $ 12,222.00 $ - $ - $ 12,222.00$ 12,222.00 $ 421,869.00$ 493,865.90$
Total Evaluated Cost
Total Evaluated Cost
Total Evaluated Cost
Total Evaluated Cost
M. Kempley, Purchasing Page 1 of 3Packet Pg. 80
Attachment: Bid Tab (4.5(a)--Award of Bid Schedule 5272 - Single-Phase Pole-Type Distribution Transformers) BID: Single-Phase, Pole-Type Distribution Transformers
PURCHASING DIVISION - TABULATION OF BIDS BID SCHEDULE NO. DATE / TIME OF OPENING 5272 Wednesday, March 16, 2022 @ 3:00 p.m.
Mauricio Duval / Nick Zettel
Item Qty
KVA
Size
Unit Price
w/out tax
Line Total
w/out tax No Load
No Load
Core Loss
($8.90/w) Full Load
Full Load
Winding
Loss
($0.75/w)
Unit Price +
No Load +
Full Load
w/out tax
Evaluated
Line Total *
w/out tax
Vendor: Mader Supply, LLC CY-4829
1 20 15 4,772.00 $ 95,440.00 $ 18 160.20$ 220 165.00$ 5,097.20$ 101,944.00$ 2 20 25 5,504.00 $ 110,080.00$ 25 222.50$ 359 269.25$ 5,995.75$ 119,915.00$ 3 20 37.5 6,669.00 $ 133,380.00$ 32 284.80$ 498 373.50$ 7,327.30$ 146,546.00$ 4 15 50 8,062.00 $ 120,930.00$ 39 347.10$ 576 432.00$ 8,841.10$ 132,616.50$ 5 1 75 9,664.00 $ 9,664.00 $ 55 489.50$ 833 624.75$ 10,778.25$ 10,778.25 $ 6 1 100 13,657.00 $ 13,657.00 $ 57 507.30$ 1,142 856.50 $ 15,020.80$ 15,020.80 $ 483,151.00$ 526,820.55$
Vendor: Mader Supply, LLC CY-4830
1 20 15 4,467.00 $ 89,340.00 $ 48 427.20$ 210 157.50$ 5,051.70$ 101,034.00$ 2 20 25 5,394.00 $ 107,880.00$ 65 578.50$ 322 241.50$ 6,214.00$ 124,280.00$ 3 20 37.5 6,913.00 $ 138,260.00$ 84 747.60$ 465 348.75$ 8,009.35$ 160,187.00$ 4 15 50 8,538.00 $ 128,070.00$ 109 970.10$ 525 393.75$ 9,901.85$ 148,527.75$ 5 1 75 12,387.00 $ 12,387.00 $ 145 1,290.50$ 803 602.25$ 14,279.75$ 14,279.75 $ 6 1 100 14,646.00 $ 14,646.00 $ 165 1,468.50$ 1,044 783.00 $ 16,897.50$ 16,897.50 $ 490,583.00$ 565,206.00$ Total Evaluated Cost
Total Evaluated Cost
M. Kempley, Purchasing Page 2 of 3Packet Pg. 81
Attachment: Bid Tab (4.5(a)--Award of Bid Schedule 5272 - Single-Phase Pole-Type Distribution Transformers)
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Authorize the Mayor to send Letters of Support to legislators for Assembly Bill 1 789 (Bennett), which seeks to create a new California Trails Commission and appropriate funding for ne w trail development.
Fiscal Impact
There is no direct financial impact to the City of Redding (City) sending support letters to the legislators. New trail funding would present an opportunity for the City of Redding to compete for funding to support new trail development and improve the quality of life for residents.
Alternative Action
The City Council could decline to authorize sending letters supporting the proposed bill, and elected state officials would not be made aware of the City’s stance on the matter.
Background/Analysis
AB 1789 seeks to address historic funding deficiencies associated with natural surface and recreation-specific trail investments in California by calling for a one -time General Fund appropriation of $75 million and an annua l appropriation of $15 million for investments to create, expand, and improve natural surface trail networks throughout the state via the Trails and Greenways Program. This program would be administered by the California Natural Resources Agency (CNRA). Th e draft language includes a provision requiring 40 percent of the available awards to go to under -resourced communities and those lacking access to green space. Most of Redding qualifies for this designation.
MEETING DATE: May 3, 2022
ITEM NO. 4.6(a)
FROM:
***APPROVED BY***
[email protected]
SUBJECT: 4.6(a)--Authorize Mayor to send letters to legislators supporting AB 1789 to create a new CA Trails Commission and funding for new trail development.
Kim Niemer, Community
Services Director
Packet Pg. 82
Report to Redding City Council April 25, 2022
Re: 4.6(a)--Authorize Letters supporting AB 1789 for new Trail Commission and Development Funding Page 2
The Community Services Department staff is currently convening a stakeholder group to develop a plan for the next 200 miles of trail s in the community. Leaders from Whiskeytown, the Bureau of Land Management, the Forest Service, the Bureau of Reclamation, the Redding Trail Alliance, the Redding Parks and Trails Foundation, The McConnell Foundation, and individual funders and advocates will work together on this effort. New funding sources will be necessary to bring such a plan to fruition.
The bill calls for establishing a “Trails Corps” within the C alifornia Conservation Corps (CCC).
The CCC program has proven to be an invaluable partner to the City of Redding, with dozens of miles of trails constructed together through collaboration . The Redding community would benefit if more resources were available to this program.
AB 1789 seeks to establish a Trails Commission comprised of trail experts from the public and private sectors to interface with state departments and agencies that operate in this space to catalyze volunteer opportunities, address trai l use conflicts , and prevent the threat of trail closures, as well as highlighting the importance of natural surface trail infrastructure to the social, physical, economic, and mental well-being of the state.
In 2013, the state created the nation’s first Active Transportation Program (ATP). In order to meet program objectives and underwrite the ATP, the state elected to redirect funds that were otherwise available through the Recreation Trails and Environmental Enhancement Mitigation Programs for natural surface trails investments. Since that time, nearly $50 million that would have been available for trail improvements has instead been invested in the ATP. Currently, the ATP is funded at nearly $230 million annually, and this year’s budget proposes $500+ million for the program. Conversely, only $1.7 million is available annually statewide for natural surface trail investments (non -motorized) through the federally funded Recreation Trails Program.
California does not have an ongoing state -sponsored funding source for natural surface trail investments.
Further illustrating the need for investment in this area, Proposition 68 (2018 Park and Resources Bond) contained $27.7 million for natural surface trail investments through the Trails and Greenways Program administered by the CNRA. While $27+ million is a sizable investment, the demand for these dollars during the grant application cycle was 15 -fold, translating into nearly $400 million in requests.
This bill would create needed funding and support structu re to advance non -motorized trail development in the State of California. Redding would likely be a significant beneficiary. On April 5, 2022, AB1789 was passed unanimously by the Assembly Water, Parks, and Wildlife Committee and was referred to the Appropriations Committee.
Council Priority/City Manager Goals
• Government of the 21 st Century – “Be relevant and proactive to the opportunities and challenges of today’s residents and workforce. Anticipate the future to make better decisions today.”
• Economic Development – “Facilitate and become a catalyst for economic development in Redding to create jobs, retain current businesses and attract new ones, and encourage investment in the community.”
Packet Pg. 83
Report to Redding City Council April 25, 2022
Re: 4.6(a)--Authorize Letters supporting AB 1789 for new Trail Commission and Development Funding Page 3
Attachments
Letter of Support to CA Senator Brian Dahle
Letter of Support to CA Assemblywoman Megan Dahle
Packet Pg. 84
Kristen Schreder, Mayor
[email protected]
530.225.4447
May 4, 2022
The Honorable Brian Dahle
State Capitol Building
1021 O Street, Room 7230
Sacramento, CA 95814
RE: Support for AB-1789
Dear Senator Dahle:
AB 1789 seeks to invest in natural surface and recreation-specific trail investments in California communities with a one -time General Fund appropriation of $75 million and an annual appropriation of $15 million for investments t o create, expand, and improve the natural surface trails networks throughout the state via the Trails and Greenways Program. The draft language includes a provision requiring 40% of the available awards go to under-resourced communities and those lacking access to green space. Most of Redding qualifies for this designation.
The Community Services staff is currently convening a stakeholder group to develop a plan for the next 200 miles of trail in our community. Leaders from Whiskeytown, BLM, Forest Service, Bureau of Reclamation, the Redding Trail Alliance, Redding Parks and Trails Foundation, The McConnell Foundation, and individual funders and advocates will work together on this effort.
New funding sources will be necessary to bring such a plan to fruition.
The bill calls for establishing a “Trails Corps” within the C alifornia Conservation Corps (CCC).
The CCC program has proven to be an invaluable partner to the City of Redding, with dozens of miles of trails constructed together. The Redding community would benefit if more resources were available to this program.
AB 1789 seeks to establish a Trails Commission comprised of trail experts from the public and private sectors to interface with state departments and agencies that operate in this space to catalyze volunteer opportunities, address trail use conflicts, and prevent the threat of trail closures as well as highlighting the importance of natural surface trail infrastructure to the social, physical, economic, and mental well-being of the state. We believe this private -public collaboration will serve agencies and the communities well with new ideas and resources.
Packet Pg. 85
Attachment: Letter of Support to CA Senator Brian Dahle (4.6(a)--Authorize Letters supporting AB 1789 for new Trail Commission and
In 2013, the state embarked upon creating the nation’s first Active Transportation Program (ATP).
To meet program objectives and underwrite the ATP, the state elected to redirect funds that were otherwise available through the Recreation Trails and Environmental Enhancement Mitigation Programs for natural surface trails investments. Since that time, nearly $50 million that would have been available for trail improvements has instead been invested in the ATP. Currently, the ATP is funded at nearly $230 million annually , and this year’s budget proposes $500+ million for the program. Conversely, only $1.7 mi llion is available annually statewide for natural surface trail investments (non-motorized) through the Federally funded Recreation Trails Program. California does not have an ongoing state-sponsored funding source for natural surface trail investments.
Further illustrating the need for investment in this area, Proposition 68 (2018 Park and Resources Bond) contained $27.7 million for natural surface trail investments through the Trails and Greenways Program administered by the CNRA. While $27+ million is a sizable investment, the demand for these dollars during the grant application cycle was 15 -fold, translating into nearly $400 million in requests.
This bill would create needed funding and support structure to advance non -motorized trail development in the State of California. Redding would likely be a significant beneficiary. On April 5, 2022, AB1789 was passed unanimously by the Assembly Water, Parks, and Wildlife Committee and was referred to the Appropriations Committee.
Please consider supporting AB1789 as currently drafted. If you have any questions regarding the City of Redding’s trail program, Community Services Director Kim Niemer is happy to assist you at (530) 225-4085 or [email protected].
Sincerely,
Kristen Schreder
Mayor
Packet Pg. 86
Attachment: Letter of Support to CA Senator Brian Dahle (4.6(a)--Authorize Letters supporting AB 1789 for new Trail Commission and
Kristen Schreder, Mayor
[email protected]
530.225.4447
May 4, 2022
The Honorable Megan Dahle
P.O. Box 942849
Sacramento, CA 94249-0001
RE: Support for AB 1789
Dear Assemblywoman Dahle:
Thank you for your support of AB 1789 at the recent Water, Parks, and Wildlife Committee meeting. The City of Redding seeks your continued support of this vital legislation.
AB 1789 seeks to invest in natural surface and recreation-specific trail investments in California communities with a one -time General Fund appropriation of $75 million and an annual appropriation of $15 million for investments t o create, expand, and improve the natural surface trails networks throughout the state via the Trails and Greenways Program. The draft language includes a provision requiring 40% of the available awards go to under-resourced communities and those lacking access to green space. Most of Redding qualifies for this designation.
The Community Services staff is currently convening a stakeholder group to develop a plan for the next 200 miles of trail in our community. Leaders from Whiskeytown, BLM, Forest Service, Bureau of Reclamation, the Redding Trail Alliance, Redding Parks and Trai ls Foundation, The McConnell Foundation, and individual funders and advocates will work together on this effort.
New funding sources will be necessary to bring such a plan to fruition.
The bill calls for establishing a “Trails Corps” within the C alifornia Conservation Corps (CCC).
The CCC program has proven to be an invaluable partner to the City of Redding, with dozens of miles of trails constructed together. The Redding community would benefit if more resources were available to this program.
AB 1789 seeks to establish a Trails Commission comprised of trail experts from the public and private sectors to interface with state departments and agencies that operate in this space to catalyze volunteer opportunities, address trail use conflicts, and prevent the threat of trail closures as well as highlighting the importance of natural surface trail infrastructure to the social, physical, Packet Pg. 87
Attachment: Letter of Support to CA Assemblywoman Megan Dahle (4.6(a)--Authorize Letters supporting AB 1789 for new Trail Commission
economic, and mental well -being of the state. We believe this private -public collaboration will serve agencies and the communities well with new ideas and resources.
In 2013, the state embarked upon creating the nation’s first Active Transportation Program (ATP).
To meet program objectives and underwrite the ATP, the state elected to redirect funds that were otherwise av ailable through the Recreation Trails and Environmental Enhancement Mitigation Programs for natural surface trails investments. Since that time, nearly $50 million that would have been available for trail improvements has instead been invested in the ATP. Currently, the ATP is funded at nearly $230 million annually , and this year’s budget proposes $500+ million for the program. Conversely, only $1.7 million is available annually statewide for natural surface trail investments (non-motorized) through the Federally funded Recreation Trails Program. California does not have an ongoing state-sponsored funding source for natural surface trail investments.
Further illustrating the need for investment in this area, Proposition 68 (2018 Park and Resources Bond) cont ained $27.7 million for natural surface trail investments through the Trails and Greenways Program administered by the CNRA. While $27+ million is a sizable investment, the demand for these dollars during the grant application cycle was 15 -fold, translating into nearly $400 million in requests.
This bill would create needed funding and support structure to advance non -motorized trail development in the State of California. Redding would likely be a significant beneficiary. If you have any questions regarding the City of Redding’s trail program, Community Services Director Kim Niemer is happy to assist you at (530) 225-4085 or [email protected].
Sincerely,
Kristen Schreder
Mayor
Packet Pg. 88
Attachment: Letter of Support to CA Assemblywoman Megan Dahle (4.6(a)--Authorize Letters supporting AB 1789 for new Trail Commission
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Authorize the following modifications relative to previously authorized City of Redding Purchase Order Nos. 113710 (Stillwater) and 113711 (Clear Creek) for the replacement of emergency standby generators:
(1) Authorize the price a djustment for the purchase of two Caterpillar 1000 kilowatt generators using Sourcewell contract pricing with Peterson Power Systems (Peterson) to replace existing emergency standby generators at the Clear Creek Wastewater Treatment Plant and the Stillwater Wastewater Treatment Plant;
(2) Ratify the amendment of purchase orders previously issued to a total amount of $634,903.52 from the previously authorized total of $578,302.24; a difference of $56,601.12;
(3) Authorize the Purchasing Officer to extend the purchase with Peterson through July 1, 2023; and
(4) Authorize the City Manager to approve future pricing adjustments, terms , and policy changes as needed due to inflation and unstable economic conditions up to a total of $30,000.
Fiscal Impact
The orig inal Sourcewell quote for two generators was $578,302.40 (base price for each was $271,508 plus tax). The new price per generator with tax is $317,451.76 each for a total purchase cost of $634,903.52. The City Council (Council) previously approved the purc hase of these generators; however, staff is now requesting approval of an additional $56,601.12 to accommodate fluctuations in the costs of materials and complete the purchase ; an additional $30,000 is also requested to bring the total amount of contingency to $86,601.12. Funds are available in the Wastewater Utility budget.
MEETING DATE: May 3, 2022
ITEM NO. 4.11(a)
FROM:
***APPROVED BY***
[email protected]
SUBJECT: 4.11(a)--Authorize Pricing Adjustment for Two Replacement Generators for Wastewater Treatment Plants
Chuck Aukland, Public
Works Director
Packet Pg. 89
Report to Redding City Council April 25, 2022
Re: 4.11(a)--Pricing Adjustment- Wastewater Generators Page 2
Alternative Action
The Council may choose not to authorize the additional funding to complete this purchase. By doing so, the existing generators will remain in use beyond the expected service life.
Background/Analysis
On September 7, 2021, the Council approved the purchase of these two generators. Due to fluctuations in costs of raw materials, labor shortages, supply chain issues, and unprecedented inflation, Peterson Power Systems is unable to fulfill the order as originally placed, resulting in a
9.8 percent increase in costs for the generators previously ordered. Due to the ongoing uncertainty of the market, staff requests the City Manager be authorized to approve an additional amount not to exceed $30,000 for future unforeseen cost adjustments.
Council Priority/City Manager Goals
This agenda item is a routine operational item.
Attachments
8-16-21 Clear Creek WWTP Quote (available online)
8-16-21 Stillwater WWTP Quote (available online)
4-11-22 Clear Creek WWTP Quote (available online)
4-11-22 Stillwater WWTP Quote (available online)
9-7-21 Staff Report (available online)
Packet Pg. 90
Since 1936
2828 Teagarden Street P.O. Box 5258, San Leandro, CA 94577 Telephone (510) 895-8400 Fax (510) 352-2064 petersonpower.com
Date 8/16/2021
City of Redding
Josh Vandiver
20055 Viking Way
Redding, CA 96003
Reference: Clear Creek WWTP - 1000kW
Quote # 30932419 – Sourcewell #120617
Dear Josh:
Thank you for the opportunity to propose new Caterpillar power equipment from Peterson Power Systems. Selecting Caterpillar equipment assures you of durable, reliable and high quality products. Choosing Peterson assures you detailed customer service throughout the purchase, start up and ownership process.
I am pleased to quote as follows:
Item Qty Description Unit Price Ext. Price
1 1 1000kW Outdoor packaged standby generator set
277/480 volts, three phase, 60hz, 1800 rpm, including:
UL2200
EPA and BAAQMD Compliant for Stationary Emergency Use
EMCP 4.2B Control Panel
NFPA 110 Local Alarm Module
Circuit Breaker
1 x 1600A, 100% Rated Main Breaker, LSI w/shunt trip and aux contacts PMG Excitation
Jacket Water Heater
Anti-condensation alternator winding space heater, unit mounted DC Charging Alternator
AC Battery Charger
Starting Batteries w/ Rack
Vibration Isolators
5 Year Manufacturer’s Extended Warranty
Package Genset Test
Operation and Maintenance Manuals
Freight: FOB Jobsite
Off loading, crane, rigging and installation by others
Fuel provided by others
See
Sourcewell
Pricing Below
See
Sourcewell
Pricing Below
2 1 Cat outdoor enclosure – Sound Attenuated, Weather Protected Sound Rated at 75dBA @23’
Fixed intake and exhaust louvers
FUEL TANK NOT INCLUDED
See
Sourcewell
Pricing Below
See
Sourcewell
Pricing Below
3 1 Start Up, Testing and Commissioning Services
Perform during regular business hours
Standard start up includes: interconnect wiring verification 2 hour 1.0 PF Load Bank Test, w/ 50’ cable standard length Fuel not included
Training
One 4 hour onsite session w/owner personnel during regular business hours See
Sourcewell
Pricing Below
See
Sourcewell
Pricing Below
4 1 Freight
FOB: Jobsite - Factory to Redding, CA
Off-Loading by Others
See
Sourcewell
Pricing Below
See
Sourcewell
Pricing Below
BASE BID – Subtotal F.O.B. jobsite less sales tax See
Sourcewell
Pricing Below
Packet Pg. 91
Attachment: 8-16-21 Clear Creek WWTP Quote (available online) (4.11(a)--Pricing Adjustment- Wastewater Generators) Since 1936
2828 Teagarden Street P.O. Box 5258, San Leandro, CA 94577 Telephone (510) 895-8400 Fax (510) 352-2064 petersonpower.com
2 Sourcewell Pricing Breakdown:
Item Description List Discount (%) Discount ($) Sourcewell Price 1-2 C32-1000kW Diesel Genset $368,719.00 34% $125,364.46 $243,354.54 3 Startup, Load Test, Training $15,075.00 5% $753.75 $14,321.25 4 Freight $14,560.22 5% $728.01 $13,832.21
5 Subtotal $271,508.00
6 Estimated Taxable Amount* $243,354.54
7 Sales Tax 7.25%
8 Estimated Sales Tax $17,643.20
9 TOTAL $289,151.20
Notes (N), Deviations (D), Exceptions (E):
(N) Quoted to verbal specifications and 6/9/21 site visit Only. (N) Diesel Particulate Filter / Exhaust aftertreatment not included. (N) Pricing based on Q1-Q2, 2022 Delivery. Add 1% escalation per quarter for later delivery estimate. (N) Automatic Transfer Switches (ATS) are not included. (N) Fuel not included.
Dimensions: Estimated 276”L x 101”W x 112”H of generator and enclosure assembly
Weight: Estimated 25,000 lbs of assembled generator, enclosure and fuel tank (without fuel)
Equipment Availably: Estimated 24-28 weeks after submittal approval
Submittal Availability: Estimated 2-4 weeks
Freight: FOB Jobsite. Off loading, crane, rigging and installation by others
Credit: Order subject to approval. Ten percent (10%) down with order, twenty five percent (25%) due at submittal delivery and sixty five percent (65%) due at delivery of equipment. Payment due net 30 days from date of invoice.
Standard Exclusions (unless expressly provided for in writing in the quote):
• All off engine piping, hangers, flanges, gasket, bolts, insulation, other materials and labor to install. • Items noted are “shipped loose” for contractor installation including any required interconnecting piping or to customer connections.
• Permits: Any and all permit applications or costs including but not limited to local City, County, State and AQMD.
Peterson Power will provide information as requested for use with permit application but assumes no responsibility or obligation to apply for or obtain subject permits. Peterson Power has provided equipment that to the best of our knowledge complies with all local, state and federal requirements. • Testing: Any and all associated testing, inspection, equipment, and certifications requested or required to be performed by a third party including circuit breaker coordination, system commissioning or building load testing . Not limited to NETA testing, infrared scanning, harmonic content or other 3 party agency testing of switchgear, switchboards, protective relays, circuit breakers, arc flash studies and reactive load testing. • Additional items that may be required by local utility for interconnection and parallel operation. • Electrical, Mechanical, Civil, and Structural professionally engineering and design services. Peterson is not responsible for systems design or engineering and does not guarantee system performance standards. Peterson will provide documentation and assistance to others responsible for engineering, design and performance. • Engineering services other than supply of Peterson Power Systems standard drawings, equipment cut-sheets and controls per quoted scope of supply
• Startup and Commissioning service charges other than as noted in the quoted scope of supply. Additional field or shop labor including travel costs to/from the jobsite will be quoted and charged separately at time of requested services. • Balance of plant equipment, controls, and monitoring except as quoted.
Packet Pg. 92
Attachment: 8-16-21 Clear Creek WWTP Quote (available online) (4.11(a)--Pricing Adjustment- Wastewater Generators) Since 1936
2828 Teagarden Street P.O. Box 5258, San Leandro, CA 94577 Telephone (510) 895-8400 Fax (510) 352-2064 petersonpower.com
3 • All fuel system piping and equipment not limited to: supply, return, venting, vent extensions, flame arrestors, coolers, valves, pumps, filters, storage tank and senders external to the generator set package. All fuel for testing and initial fill and on site fuel tank pressure testing.
• Intake and exhaust louvers, air dampers, sheet metal ducting, flex adapters, sound baffles, all off engine piping, connectors, labor, and coolant for remote cooling systems. • All off engine wiring, field terminations of wiring, lugs and connectors. • Mounting bolts and anchors.
• Environmental Protection Agency (EPA), local air quality district or Authority Having Jurisdiction (AHJ), including acoustical.
• All protective relay settings, breaker settings, PLC programming and all other device programming. • Site specific labeling, exhaust back pressure, vibration analysis and airflow restriction. • Any bonds, payment, or performance bond or other type of bond. • Any application sales tax, permits, fees, licenses.
• All items listed above are excluded and will only be supplied by Peterson Power Systems if agreed upon, in writing, by sales representative for Peterson.
Quote Term, Scope: The Quote is valid for 30 days. The price is firm provided drawings are approve d and returned within 30 days after submission and ship date is not extended beyond published lead times. Any delays may result in escalation charges. A Sales Order for Equipment is accepted on hold for release basis. The Sales Order will not be released and scheduled for production until written approval to proceed is received. The Quote is limited to plans and specifications section set forth in the Quote. No other sections shall apply. Additional requirements for administrative items may require additional costs. The Quote does not include off unit wiring, off unit plumbing, offloading, rigging, installation, exhaust insulation or fuel, unless otherwise stated.
Thank you for considering Peterson Power Systems . Please contact me with any questions regardi ng this proposal.
I’m available to discuss design and planning concerns with you at any time.
Sincerely,
Jim Pereza
Sales Representative
Peterson Power Systems
Phone (510)-340-0756
Accepted By:
Signature Date
Printed Name
Company Name
Purchase Order #
Packet Pg. 93
Attachment: 8-16-21 Clear Creek WWTP Quote (available online) (4.11(a)--Pricing Adjustment- Wastewater Generators) Since 1936
2828 Teagarden Street P.O. Box 5258, San Leandro, CA 94577 Telephone (510) 895-8400 Fax (510) 352-2064 petersonpower.com
4 Standard Commercial Terms and Conditions For Sales Of Power Generation Equipment
1. Conditions. These Terms and Conditions (collectively, “Terms”) together with the Quote, Sales Order and/or Credit Application on the front side, are hereinafter referred to as this “Agreement” and shall constitute the entire agreement between the customer (“Customer” ) identified in this Agreement and Peterson Power Systems, Inc. (“Peterson”) and supersede any previous agreement or understanding (oral or written) between the parties with respect to the equipment (“Equipment”) identified in this Agreement.
2. Quote Term; Scope. The Quote is valid for 30 days. The price is firm provided drawings are approved and returned within 30 days after submission and ship date is not extended beyond published lead times. Any delays may result in escalation charges. A Sales Order for Equipment is accepted on hold for release basis. The Sales Order will not be released and scheduled for production until written approval to proceed is received. The Quote is limited to plans and specifications section set forth in the Quote. No other secti ons shall apply. Additional requirements for administrative items may require additional costs.
The Quote does not include off unit wiring, off unit plumbing, offloading, rigging, installation, exhaust insulation, fuel, o r permits unless otherwise stated.
3. Order and Delivery of Equipment . Any and all references to dates or delivery are for planning and scheduling purposes only. No guaranty is stated or implied, retention and or back charges are expressly excluded. All orders for equipment are subject to cre dit approval, which is subject to final acceptance by Company in its sole discretion. Peterson will exercise commercially reasonable efforts to meet any performance dates set forth in the Agreement, but Customer understands and agrees that any such dates a re estimates only and failure by Peterson to deliver any equipment by such date shall not be deemed a breach of the sales agreement. Company will have no liability for any loss associated with the delay in the delivery of equipment, additionally, Peterson will not be deemed in breach of its obligations under this Agreement or otherwise liable to Customer or any third party for any costs, charges, losses sustained or incurred by Customer or applicable third party for any delay in the delivery or equipment arising out of, caused by or in any way related or connected with any circumstances beyond Peterson’s control, including, but not limited to delays caused by acts or omissions to acts by Customer or its Agents (defined below), acts of God, acts of war or terrorism, fire or other casualty, storms or adverse weather, strikes, labor shortages or disturbances, shortages of materials, manufacturer delays, theft or vandalism, transport and handling accidents, or revisions to laws, regulations or governmental requirements. As used herein, the term “Agents” means principals, employees, contractors, subcontractors, consultants, agents, representatives and any persons within the direction or control of Customer or acting on behalf of or for the benefit of Customer.
4. Customer’s Obligations. Customer shall comply with Applicable Law (defined below) in connection with its use, handling, maintenance, storage and operation of the machinery and equipment and shall cause its Agents to comply with all such Applicable Law. As used herein “Applicable Law” means all applicable federal, state and local laws pertaining to its covenants and obligations under the Agreement and its performance of the same, together with these Terms and all rules, regulations, standards, procedures and protocols pertaining or related to the equipment and each and all of them, subject to the Agreement, as stated or endorsed by Company or the manufacturer of such applicable equipment Customer shall cooperate with Peterson in all matters relating to the sale and delivery by Peterson of the equipment The representations and warranties of Customer under this Agreement, including, but not limited to, the foregoing, shall survive any expiration or termination of this Agreement.
5. Cancellation; Charges . If Cust omer cancels all or a portion of this Agreement after its release to Peterson, written cancellation notice is required.
Cancellation Schedule
Calendar Days Cancellation Charge
From To Percent of Order
Order 15 ARO 5
16 ARO 30 ARO 10
31 ARO 60 ARO 20
61 ARO 91 before RTS 70
90 before RTS On/after RTS 90
ARO – After receipt of order, RTS – Ready to ship
6. Pricing. Unless expressly provided for in writing on a quote, pricing for future orders is subject to change without notice.
Unless otherwise stated pricing and risk of loss for purchased equipment is FOB Peterson's site. If purchased equipment is shipped FOB factory, pricing and risk of loss is the responsibility of the customer and any claims for shortages, damages, or delays must be made by Customer direct to the carrier
7. Taxes. Customer will promptly pay to Peterson any taxes that Peterson is required to collect with respect to the purchase of the equipment or any amounts payable by Customer under the Agreement, including, but not limited to, value added, personal property, sales, use, excise and similar taxes, duties and charges of any kind imposed by any federal, state or local governmental entity (collectively, "Taxes"). For any Taxes on which Customer claims exemption, Customer must provide Peterson with properly completed e xemption certificates and any documentation needed to validate the exemption. If Customer refuses or fails to provide an appropriate exemption certificate and supporting documentation, as determined by Peterson, Customer will remain liable for all such Tax es. Customer will indemnify, defend and hold harmless Peterson for Packet Pg. 94
Attachment: 8-16-21 Clear Creek WWTP Quote (available online) (4.11(a)--Pricing Adjustment- Wastewater Generators) Since 1936
2828 Teagarden Street P.O. Box 5258, San Leandro, CA 94577 Telephone (510) 895-8400 Fax (510) 352-2064 petersonpower.com
5 any and all claim, loss or liability related to Taxes for the equipment. To the extent any taxing authority audits Peterson and assess any taxes related to this purchase, the Customer shall provide proper documentation to support that such taxes have been paid, and will be responsible for any unpaid assessments, interest, penalties, withholdings, defense cost and/or reimbursement to Peterson of defense cost.
8. Freight. Freight costs indicate d in the Agreement/Quote are estimated and subject to change. Any delivery, shipping, installation or performance dates indicated in this Agreement/Quote are estimated and not guaranteed. Peterson shall use best efforts to meet estimated dates, but shall n ot be liable for any delay in delivery, shipping, installation or performance, however occasioned.
9. Title; Risk of Loss. Title and risk of loss for the Equipment shall pass to Customer with delivery made in accordance with the delivery terms set forth above.
10. Inspection and Acceptance. Customer shall inspect the Equipment upon delivery, before offloading, for damage, defects and shortage. Any and all claims which could have been discovered by such inspection shall be deemed absolutely and unconditionally waived unless noted by Customer on the bill of lading. Where Equipment is alleged to be non-conforming or defective, written notice of defect must be given to Peterson within five (5) days from date of delivery after which time Equipment shall be deemed accepted. Peterson shall have a commercially reasonable period of time in which to correct such non-conformity or defect. If non-conformity or defect is not eliminated to Customer’s satisfaction. Customer may reject the Equipment (but shall protect the Equipment until returned to Peterson) or allow Peterson another opportunity to undertake corrective action. In the event startup of the Equipment is included in the services, acceptance shall be deemed to have occurred upon successful startup.
11. Payment Terms; Credit; Retainage. For Customers with an open credit account with Peterson, payments terms are 10% with order, 25% due at submittal approval, and 65% at delivery of material unless otherwise stated in the proposal. Payment due Net 30 from the date of invoice. For Customers who do not have an open credit account with Peterson, progress payments with full payment in advance may be required. Peterson may, in its sole discretion, at any time: (a) revoke credit; (b) modif y terms and conditions of credit; (c) require payment in advance; and/or (d) withhold equipment until receipt of full payment then owing by Customer to Peterson, whether such outstanding obligation of Customer is for the equipment described on the reverse side or otherwise. If payment is not received when due, in an addition to any rights Peterson has under the law and charges that Peterson may levy against Customer under statute (including attorney fees and costs of collection), Peterson may charge customer eighteen percent (18%) interest annually, or the maximum amount allowed by law, on late payments.
Payment shall be due in advance if Customer does not have approved credit. Retainage is not acceptable nor binding, unless accepted and confirmed in writing by Peterson prior to shipment.
12. Invoice; Fees and Expenses. Failure to notify Peterson in writing of any dispute regarding an invoice within thirty (30) days of receipt thereof will be deemed a waiver by Customer of Customer’s right to dispute such invoice. Customer’s obligation to pay amounts in voiced is and will be absolute and unconditional and shall not be subject to any delay, reduction, set -off, defense or counter-claim.
13. Bonds. Cost for any required bid bond, payment and performance bond, or any other type of bond will be reimbursed to Peterson by Customer.
14. Permits, Fees, & Licenses. Cost for any permits, fees, and licenses are the responsibility of the customer and if paid for by Peterson, will be reimbursed to Peterson by Customer.
15. Temporary Storage of Equipment Purchase. Whereas Customer has purchased the equipment listed in this agreement from Peterson, and Customer has requested that Peterson provide storage for the equipment until such time as Peterson has the equipment delivered to their site, Customer will pay Peterson a monthly storage fee, and Exhibit A will be applicable and incorporated in these Terms.
16. Training; Startup Services; Installation. Startup services, load bank testing, commissioning, and owner training are not provided, unless otherwise stated in the quote. Site start up services require customer’s account be current and will be performed during regular Peterson business hours, Monday through Friday. Additional charges may be added for work requested to be done outside normal business hours, on weekends or holidays. One visit for startup is allowed unless specified otherwise in the quote. A minimum of two weeks prior notice is required to schedule site startup and subject to availability of startup technicians and prior commitments of equipment. A signed site check sheet confirming system readiness is required, including and not limited to; wire termination, fuel lines connected, fuel tank full, and exhaust system complete.
Peterson personnel may perform an installation audit prior to startup being completed to assure system readiness for startup.
Any issues identified by the installation audit may be corrected at the customer’s expense prior to startup. Portable load banks for site test (if offered in the Quote) are equipped with only 50 feet of cable. Additional lengths may be arranged at an extra cost. Installation of equipment is performed by others and not included unless otherwise stated in the quote.
17. Warranties.
(a) Equipment. For new equipment purchased by Customer from Peterson, Customer understands and acknowledges that (i) Peterson is not the manufacturer of the equipment or any parts thereof; (ii) Peterson does not and will not have any liability or responsibility to Customer or any third party with respect to any warranty for the Goods, except that Peterson will pass through to Customer the manufacturer’s warranty to the extent permitted by the terms of such warranty; and (iii) any claims Customer or its Agents may have with respect to the manufacturer’s warranty shall be made solely against the manufacturer. Notwithstanding anything contained to the contrary in this Agreement, including this Section 17(a), Peterson Packet Pg. 95
Attachment: 8-16-21 Clear Creek WWTP Quote (available online) (4.11(a)--Pricing Adjustment- Wastewater Generators) Since 1936
2828 Teagarden Street P.O. Box 5258, San Leandro, CA 94577 Telephone (510) 895-8400 Fax (510) 352-2064 petersonpower.com
6 makes no representation or warranty as to the equipment, its condition, purpose or use, or as to any manufacturer’s warranty for such Goods.
(b) Extended Protection or Coverage. Customer acknowledges that Customer may have the option of purchasing an equipment protection plan or extended services coverage (each, an “Extended Protectio n Plan”) and Customer agrees that if an Extended Protection Plan is available and purchased by Customer at the time of sale, the Extended Protection Plan will be subject to the terms, conditions and exclusions contained in such applicable Extended Protection Plan. (c) Disclaimer of Warranties. Except as may be expressly described in the Agreement and these terms, company makes no warranty of any nature, scope or kind whatsoever hereunder. Peterson disclaims any warranty, express or implied, including, but not limited to, any (i) warranty of merchantability; (ii) warranty of fitness for a particular purpose; (iii) warranty of title; or (iv) warranty against infringement of intellectual property rights of a third party, whether express or implied by law, course of dealing, course of performance, usage of trade or otherwise. Peterson is neither a manufacturer of the goods or any parts thereof nor an agent of a manufacturer of such goods. Although Peterson may administer warranties issued by a manufacturer, Custome r acknowledges and agrees that: (1) any express warranties by such manufacturer are not the responsibility of Peterson; (2) such manufacturer’s warranty may contain limitations; and (3) Customer may incur certain repair, transportation or other charges by Peterson which are not covered by such manufacturer’s warranty. Any warranty by Peterson shall be null and void and have no legal effect if Customer has failed to pay for the equipment at issue. Except for any express warranties contained hereunder, no ot her representation or warranty of any kind or nature will be binding on or obligate Peterson.
18. Limitation on Warranties . Peterson expressly disclaims all warranties, either express or implied, including any implied warranty of merchantability and warranty for fitness or a particular purpose, to the extent permitted by law. The warranties set forth herein are the sole warranties made by Peterson. Some states do not allow limitation on warranties, so these limitations may not apply to you. The limited warranty does not cover Equipment failures resulting from: (a) inappropriate use relative to application guidelines; (b) normal wear and tear; (c) improper and/or unauthorized installation; (d) negligence, accidents or misuse; (e) lack of maintenance or unauthorized repair; (f) noncompliance with any Peterson published guideline or policy; (g) use of improper or contaminated fuels, coolant or lubricants; (h) improper storage before and after commissioning; (i) owners delay in making Equipment available after notif ication of potential equipment problem; (j) replacement parts and accessories not authorized by Peterson; (k) owner or operator abuse or neglect such as: operation without adequate coolant or lubricants; over fueling; over speeding; lack of maintenance to lubricating, cooling or air intake systems; late servicing and maintenance; improper storage; starting, warm-up, run-in or shutdown practices, or (l) damage to parts, fixtures, housings, attachments and accessory items that are not part of the generating set.
19. Limitation of Liability.
(a) IN NO EVENT SHALL PETERSON, ANY PETERSON ENTITIES, AFFILIATES OR ITS PRINCIPALS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRATORS, REPRESENTATIVES, AGENTS OR SUCCESSORS OR ASSIGNS (collectively, “Company Party”) BE LIABLE TO CUSTOMER, ITS AGENTS OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST REVENUE, LOST
BUSINESS, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWEVER
ARISING WHETHER OR NOT THAT PARTY WAS AWARE OF THE POSSIBILITY OF THOSE DAMAGES AND DESPITE THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY STATED IN THIS AGREEMENT. (b) EXCEPT FOR DAMAGES FOR PERSONAL INJURY, INCLUDING DEATH AND PROPERTY DAMAGE RESULTING FROM
THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT IN CONNECTION WITH THE SALE OR DELIVERY BY PETERSON
OF THE GOODS, OF ANY EMPLOYEES, CONTRACTORS, REPRESENTATIVES OR AGENTS OF PETERSON OR ANY
COMPANY ENTITY OR THE PRINCIPALS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES
OR AGENTS OF COMPANY OR ANY COMPANY ENTITIES, IN NO EVENT WILL THE AGGREGATE LIABILITY OF PETERSON
OR ANY PETERSON PARTY ARISING OUT OF THIS CSA EXCEED THE LESSER OF THE AMOUNT CUSTOMER HAS ACTUALLY PAID TO COMPANY UNDER THIS AGREEMENT FOR THE PREVIOUS TWELVE (12) MONTHS IMMEDIATELY PRIOR TO THE SUBJECT CLAIM OR TEN MILLION DOLLARS $10,000,000. (c) THE PARTIES AGREE THAT THIS SECTION 19 REPRESENTS A REASONABLE ALLOCATION OF RISK. (d) THE PROVISIONS OF THIS SECTION 19 SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT.
20. Indemnification. Neither Peterson nor any Peterson Party will be responsible for any loss or injury resulting from the condition of the Goods sold, including, but not limited to, any defects in the equipment or from the subsequent use of the equipment. Customer expressly agrees as a condition of the purchase and sale of the equipment that Customer will indemnify, defend and hold harmless Peterson and any applicable Peterson Party from and against any and all claims that may hereafter at any time be asserted by any subsequent owner or user of t he items sold hereunder or asserted by any agent, contractor, employee, heirs, or successor or assigns of such owner or user or by any third party arising from the condition of the equipment, including but not limited to, any purported defect in the equipm ent or parts thereof, or by reason of the use of the equipment. Customer agrees to assume all responsibility in connection with the equipment upon delivery thereof to Customer or to a common carrier.
Customer shall indemnify and hold harmless Peterson and the Peterson Party from and against any and all losses, expenses, demands, and claims made against Peterson by Customer, its Agents, any subsequent owner or user of the equipment or any persons claiming under or through such persons because of injury or illness (including death), actual or alleged, whether caused by the sole negligence of Customer, its Agents, such subsequent owner or user or person claiming under or through such persons (the “Customer Parties”), the concurrent negligence of Peterson with Customer, or any Customer Parties arising from, resulting from, or Packet Pg. 96
Attachment: 8-16-21 Clear Creek WWTP Quote (available online) (4.11(a)--Pricing Adjustment- Wastewater Generators) Since 1936
2828 Teagarden Street P.O. Box 5258, San Leandro, CA 94577 Telephone (510) 895-8400 Fax (510) 352-2064 petersonpower.com
7 in any way connected with the operation, maintenance, possession, use, transportation, or disposition of the equipment. Customer agrees to defend any suit action or cause of action brought against Peterson or the Peterson Party based on any such alleged injury, illness, or damage and to pay all damages, costs and expenses including reasonable attorney’s fees in conn ection therewith or resulting therefrom.
21. Force Majeure. Peterson shall not be liable, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement to the extent such failure or delay is caused by or results from acts or circumstances beyond Peterson’s reasonable control including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, Bankruptcy, lock -outs, strikes or other labor disputes (whether or not relating to either Party’s workforce), restraints or delays affecting carriers, and inability or delay in obtaining supplies of adequate or suitable materials, telecommunication breakdown or power outage.
22. Privacy Statement. Customer consents to the collection, use, retention and disclosure of information by Peterson and/or a Peterson Party in accordance with Peterson's Privacy Statement, which is posted on Peterson’s website (as such statement may be revised from time to time), and agrees that such information may be accessed by Peterson or a Peterson Party and their partners and manufacturers with a legitimate business reason to access it, as well as third parties who may process such information on their behalf.
23. Entire Agreement. This Agreement and the exhibits and attachments hereto, represent and constitute the entire agreement between the parties, may only be amended in writing signed by both parties, and supersede all prior agreements and understandings with respect to the matters covered by this Agreement.
24. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the successors and permitted assigns of the Parties hereto.
25. Severability. If any provision of this Agreement is found unenforceable or invalid, the remainder of the Agreement will remain in full force and effect and it and any related provisions will be interpreted to best accomplish the unenforceable provision's essential purpose.
26. Counterparts. This Agreement may be executed in any number of counterparts, including facsimile, PDF and other electronic copy, each of which when taken together shall constitute one instrument. No counterpart shall be effective until each Party has executed at least one counterpart.
27. Assignment. Neither Party may assign, convey or transfer this Agreement, or any portion thereof, without the prior written consent of the other party, which consent shall not be unreasonably withheld, conditioned or delayed, except that Peterson may assign this Agreement or any portion thereof without the prior consent of Purchaser to a person or entity controlling, controlled by or affiliated with Peterson or its parent company.
28. No Waiver. A waiver of any term, right or condition of this Agreement by a party must be in writing to be effective and will in no way be construed as a waiver of any later breach of that provision. No express waiver of any term, right or condition of this Agreement shall operate as a waiver of any other term, right or condition.
29. Relationship of the Parties. No employment, agency, joint venture, or similar arrangement is created or intended between Customer and Peterson.
30. Construction. Words used herein, regardless of the number or gender specifically used, shall be deemed and construed to include any other number, singular or plural, and any other gender, masculine, feminine, or neuter, as the context requires.
The provisions of this Agreement and the documents and instruments referred to herein, have been examined by the parties and no implication shall be drawn nor made against any party hereto by virtue of drafting this Agreement. The term “including” used herein shall mean “including, but not limited to”. The subject headings of the sections and subsections of this Agreement are included for purposes of convenience only and shall not affect the construction or interpretation of any of the provisions herein. Each Party acknowledges that they have read this Agreement, have had an opportunity to review with an attorney of their respective choice, and have agreed to all of its terms, including these Terms. Each Party agrees that the rule of construction that a contract be construed against the drafter shall not be applied in interpreting this Agreement and that in the event of any ambiguity in any provisions of this Agreement, including any Exhibits or attachments or agreed upon Change Orders hereto and whether or not placed of record, such ambiguity shall not be construed for or against any Party hereto on the basis of such Party did or did not author the same.
31. No Third Party Beneficiaries. Unless otherwise expressly provided, no provisions of this Agreement are intended or will be construed to confer upon or give to any person or entity other than Customer and Peterson any rights, remedies or other benefits under or by reason of this Agreement.
32. Attorneys’ Fees; Enforcement Costs and Expenses . If any claim or action is brought by either party hereunder against the other party regarding the subject matter hereof, the prevailing party shall be entitled to recover from the non -prevailing party, in addition to any other relief granted, reasonable attorneys’ fees and the expense of litigation.
33. Governing Law; Venue. (a) This Agreement and any attachments or documents related thereto shall be governed, construed and enforced in accordance with (i) the laws of the State of California, excluding conflict of l aw rules, for all sales made or accepted by Peterson at its offices within such state, (ii) with the laws of the State of Oregon, excluding conflict of law rules, for all sales made or accepted by Peterson at its office within such state, and (iii) with th e laws of the State of Washington, excluding conflict of law rules, for all sales made or accepted by Peterson at its office within such state. For agreements made or accepted by Peterson in the State of California, each party hereby irrevocably submits t o the personal and exclusive Packet Pg. 97
Attachment: 8-16-21 Clear Creek WWTP Quote (available online) (4.11(a)--Pricing Adjustment- Wastewater Generators) Since 1936
2828 Teagarden Street P.O. Box 5258, San Leandro, CA 94577 Telephone (510) 895-8400 Fax (510) 352-2064 petersonpower.com
8 jurisdiction of the state courts of Alameda County, California and the United States District Court for the Northern District of California, for the purposes of any action, proceeding, suit or claim arising out of this Agreemen t. For agreements made or accepted by Peterson in the State of Oregon, each party hereby irrevocably submits to the personal and exclusive jurisdiction of the state courts of Multnomah County, Oregon and the United States District Court for the District of Portland in Portland, Oregon. For agreements made or accepted by Company in the State of Washington, each party hereby irrevocably submits to the personal and exclusive jurisdiction of the state courts of Cowlitz County, Oregon and the United States District Court for the Western District of Washington in Seattle, Washington. (b) Each party irrevocably and unconditionally waives any objection to the laying of venue as described herein.
34. Survival. Notwithstanding anything contained herein to the contrary, Sections 7, 17(c), 19, 20, 21, 22, 30, 32, 33, and 34 will survive any termination or expiration of this Agreement.
Packet Pg. 98
Attachment: 8-16-21 Clear Creek WWTP Quote (available online) (4.11(a)--Pricing Adjustment- Wastewater Generators)
Since 1936
2828 Teagarden Street P.O. Box 5258, San Leandro, CA 94577 Telephone (510) 895-8400 Fax (510) 352-2064 petersonpower.com
Date 8/16/2021
City of Redding
Josh Vandiver
20055 Viking Way
Redding, CA 96003
Reference: Stillwater WWTP - 1000kW
Quote # 30932436 – Sourcewell #120617
Dear Josh:
Thank you for the opportunity to propose new Caterpillar power equipment from Peterson Power Systems. Selecting Caterpillar equipment assures you of durable, reliable and high quality products. Choosing Peterson assures you detailed customer service throughout the purchase, start up and ownership process.
I am pleased to quote as follows:
Item Qty Description Unit Price Ext. Price
1 1 1000kW Outdoor packaged standby generator set
277/480 volts, three phase, 60hz, 1800 rpm, including:
UL2200
EPA and BAAQMD Compliant for Stationary Emergency Use
EMCP 4.2B Control Panel
NFPA 110 Local Alarm Module
Circuit Breaker
1 x 1600A, 100% Rated Main Breaker, LSI w/shunt trip and aux contacts PMG Excitation
Jacket Water Heater
Anti-condensation alternator winding space heater, unit mounted DC Charging Alternator
AC Battery Charger
Starting Batteries w/ Rack
Vibration Isolators
5 Year Manufacturer’s Extended Warranty
Package Genset Test
Operation and Maintenance Manuals
Freight: FOB Jobsite
Off loading, crane, rigging and installation by others
Fuel provided by others
See
Sourcewell
Pricing Below
See
Sourcewell
Pricing Below
2 1 Cat outdoor enclosure – Sound Attenuated, Weather Protected Sound Rated at 75dBA @23’
Fixed intake and exhaust louvers
FUEL TANK NOT INCLUDED
See
Sourcewell
Pricing Below
See
Sourcewell
Pricing Below
3 1 Start Up, Testing and Commissioning Services
Perform during regular business hours
Standard start up includes: interconnect wiring verification 2 hour 1.0 PF Load Bank Test, w/ 50’ cable standard length Fuel not included
Training
One 4 hour onsite session w/owner personnel during regular business hours See
Sourcewell
Pricing Below
See
Sourcewell
Pricing Below
4 1 Freight
FOB: Jobsite - Factory to Redding, CA
Off-Loading by Others
See
Sourcewell
Pricing Below
See
Sourcewell
Pricing Below
BASE BID – Subtotal F.O.B. jobsite less sales tax See
Sourcewell
Pricing Below
Packet Pg. 99
Attachment: 8-16-21 Stillwater WWTP Quote (available online) (4.11(a)--Pricing Adjustment- Wastewater Generators) Since 1936
2828 Teagarden Street P.O. Box 5258, San Leandro, CA 94577 Telephone (510) 895-8400 Fax (510) 352-2064 petersonpower.com
2 Sourcewell Pricing Breakdown:
Item Description List Discount (%) Discount ($) Sourcewell Price 1-2 C32-1000kW Diesel Genset $368,719.00 34% $125,364.46 $243,354.54 3 Startup, Load Test, Training $15,075.00 5% $753.75 $14,321.25 4 Freight $14,560.22 5% $728.01 $13,832.21
5 Subtotal $271,508.00
6 Estimated Taxable Amount* $243,354.54
7 Sales Tax 7.25%
8 Estimated Sales Tax $17,643.20
9 TOTAL $289,151.20
Notes (N), Deviations (D), Exceptions (E):
(N) Quoted to verbal specifications and 6/9/21 site visit Only. (N) Diesel Particulate Filter / Exhaust aftertreatment not included. (N) Pricing based on Q1-Q2, 2022 Delivery. Add 1% escalation per quarter for later delivery estimate. (N) Automatic Transfer Switches (ATS) are not included. (N) Fuel not included.
Dimensions: Estimated 276”L x 101”W x 112”H of generator and enclosure assembly
Weight: Estimated 25,000 lbs of assembled generator, enclosure and fuel tank (without fuel)
Equipment Availably: Estimated 24-28 weeks after submittal approval
Submittal Availability: Estimated 2-4 weeks
Freight: FOB Jobsite. Off loading, crane, rigging and installation by others
Credit: Order subject to approval. Ten percent (10%) down with order, twenty five percent (25%) due at submittal delivery and sixty five percent (65%) due at delivery of equipment. Payment due net 30 days from date of invoice.
Standard Exclusions (unless expressly provided for in writing in the quote):
• All off engine piping, hangers, flanges, gasket, bolts, insulation, other materials and labor to install. • Items noted are “shipped loose” for contractor installation including any required interconnecting piping or to customer connections.
• Permits: Any and all permit applications or costs including but not limited to local City, County, State and AQMD.
Peterson Power will provide information as requested for use with permit application but assumes no responsibility or obligation to apply for or obtain subject permits. Peterson Power has provided equipment that to the best of our knowledge complies with all local, state and federal requirements. • Testing: Any and all associated testing, inspection, equipment, and certifications requested or required to be performed by a third party including circuit breaker coordination, system commissioning or building load testing . Not limited to NETA testing, infrared scanning, harmonic content or other 3 party agency testing of switchgear, switchboards, protective relays, circuit breakers, arc flash studies and reactive load testing. • Additional items that may be required by local utility for interconnection and parallel operation. • Electrical, Mechanical, Civil, and Structural professionally engineering and design services. Peterson is not responsible for systems design or engineering and does not guarantee system performance standards. Peterson will provide documentation and assistance to others responsible for engineering, design and performance. • Engineering services other than supply of Peterson Power Systems standard drawings, equipment cut-sheets and controls per quoted scope of supply
• Startup and Commissioning service charges other than as noted in the quoted scope of supply. Additional field or shop labor including travel costs to/from the jobsite will be quoted and charged separately at time of requested services. • Balance of plant equipment, controls, and monitoring except as quoted.
Packet Pg. 100
Attachment: 8-16-21 Stillwater WWTP Quote (available online) (4.11(a)--Pricing Adjustment- Wastewater Generators) Since 1936
2828 Teagarden Street P.O. Box 5258, San Leandro, CA 94577 Telephone (510) 895-8400 Fax (510) 352-2064 petersonpower.com
3 • All fuel system piping and equipment not limited to: supply, return, venting, vent extensions, flame arrestors, coolers, valves, pumps, filters, storage tank and senders external to the generator set package. All fuel for testing and initial fill and on site fuel tank pressure testing.
• Intake and exhaust louvers, air dampers, sheet metal ducting, flex adapters, sound baffles, all off engine piping, connectors, labor, and coolant for remote cooling systems. • All off engine wiring, field terminations of wiring, lugs and connectors. • Mounting bolts and anchors.
• Environmental Protection Agency (EPA), local air quality district or Authority Having Jurisdiction (AHJ), including acoustical.
• All protective relay settings, breaker settings, PLC programming and all other device programming. • Site specific labeling, exhaust back pressure, vibration analysis and airflow restriction. • Any bonds, payment, or performance bond or other type of bond. • Any application sales tax, permits, fees, licenses.
• All items listed above are excluded and will only be supplied by Peterson Power Systems if agreed upon, in writing, by sales representative for Peterson.
Quote Term, Scope: The Quote is valid for 30 days. The price is firm provided drawings are approve d and returned within 30 days after submission and ship date is not extended beyond published lead times. Any delays may result in escalation charges. A Sales Order for Equipment is accepted on hold for release basis. The Sales Order will not be released and scheduled for production until written approval to proceed is received. The Quote is limited to plans and specifications section set forth in the Quote. No other sections shall apply. Additional requirements for administrative items may require additional costs. The Quote does not include off unit wiring, off unit plumbing, offloading, rigging, installation, exhaust insulation or fuel, unless otherwise stated.
Thank you for considering Peterson Power Systems . Please contact me with any questions regardi ng this proposal.
I’m available to discuss design and planning concerns with you at any time.
Sincerely,
Jim Pereza
Sales Representative
Peterson Power Systems
Phone (510)-340-0756
Accepted By:
Signature Date
Printed Name
Company Name
Purchase Order #
Packet Pg. 101
Attachment: 8-16-21 Stillwater WWTP Quote (available online) (4.11(a)--Pricing Adjustment- Wastewater Generators) Since 1936
2828 Teagarden Street P.O. Box 5258, San Leandro, CA 94577 Telephone (510) 895-8400 Fax (510) 352-2064 petersonpower.com
4 Standard Commercial Terms and Conditions For Sales Of Power Generation Equipment
1. Conditions. These Terms and Conditions (collectively, “Terms”) together with the Quote, Sales Order and/or Credit Application on the front side, are hereinafter referred to as this “Agreement” and shall constitute the entire agreement between the customer (“Customer” ) identified in this Agreement and Peterson Power Systems, Inc. (“Peterson”) and supersede any previous agreement or understanding (oral or written) between the parties with respect to the equipment (“Equipment”) identified in this Agreement.
2. Quote Term; Scope. The Quote is valid for 30 days. The price is firm provided drawings are approved and returned within 30 days after submission and ship date is not extended beyond published lead times. Any delays may result in escalation charges. A Sales Order for Equipment is accepted on hold for release basis. The Sales Order will not be released and scheduled for production until written approval to proceed is received. The Quote is limited to plans and specifications section set forth in the Quote. No other secti ons shall apply. Additional requirements for administrative items may require additional costs.
The Quote does not include off unit wiring, off unit plumbing, offloading, rigging, installation, exhaust insulation, fuel, o r permits unless otherwise stated.
3. Order and Delivery of Equipment . Any and all references to dates or delivery are for planning and scheduling purposes only. No guaranty is stated or implied, retention and or back charges are expressly excluded. All orders for equipment are subject to cre dit approval, which is subject to final acceptance by Company in its sole discretion. Peterson will exercise commercially reasonable efforts to meet any performance dates set forth in the Agreement, but Customer understands and agrees that any such dates a re estimates only and failure by Peterson to deliver any equipment by such date shall not be deemed a breach of the sales agreement. Company will have no liability for any loss associated with the delay in the delivery of equipment, additionally, Peterson will not be deemed in breach of its obligations under this Agreement or otherwise liable to Customer or any third party for any costs, charges, losses sustained or incurred by Customer or applicable third party for any delay in the delivery or equipment arising out of, caused by or in any way related or connected with any circumstances beyond Peterson’s control, including, but not limited to delays caused by acts or omissions to acts by Customer or its Agents (defined below), acts of God, acts of war or terrorism, fire or other casualty, storms or adverse weather, strikes, labor shortages or disturbances, shortages of materials, manufacturer delays, theft or vandalism, transport and handling accidents, or revisions to laws, regulations or governmental requirements. As used herein, the term “Agents” means principals, employees, contractors, subcontractors, consultants, agents, representatives and any persons within the direction or control of Customer or acting on behalf of or for the benefit of Customer.
4. Customer’s Obligations. Customer shall comply with Applicable Law (defined below) in connection with its use, handling, maintenance, storage and operation of the machinery and equipment and shall cause its Agents to comply with all such Applicable Law. As used herein “Applicable Law” means all applicable federal, state and local laws pertaining to its covenants and obligations under the Agreement and its performance of the same, together with these Terms and all rules, regulations, standards, procedures and protocols pertaining or related to the equipment and each and all of them, subject to the Agreement, as stated or endorsed by Company or the manufacturer of such applicable equipment Customer shall cooperate with Peterson in all matters relating to the sale and delivery by Peterson of the equipment The representations and warranties of Customer under this Agreement, including, but not limited to, the foregoing, shall survive any expiration or termination of this Agreement.
5. Cancellation; Charges . If Cust omer cancels all or a portion of this Agreement after its release to Peterson, written cancellation notice is required.
Cancellation Schedule
Calendar Days Cancellation Charge
From To Percent of Order
Order 15 ARO 5
16 ARO 30 ARO 10
31 ARO 60 ARO 20
61 ARO 91 before RTS 70
90 before RTS On/after RTS 90
ARO – After receipt of order, RTS – Ready to ship
6. Pricing. Unless expressly provided for in writing on a quote, pricing for future orders is subject to change without notice.
Unless otherwise stated pricing and risk of loss for purchased equipment is FOB Peterson's site. If purchased equipment is shipped FOB factory, pricing and risk of loss is the responsibility of the customer and any claims for shortages, damages, or delays must be made by Customer direct to the carrier
7. Taxes. Customer will promptly pay to Peterson any taxes that Peterson is required to collect with respect to the purchase of the equipment or any amounts payable by Customer under the Agreement, including, but not limited to, value added, personal property, sales, use, excise and similar taxes, duties and charges of any kind imposed by any federal, state or local governmental entity (collectively, "Taxes"). For any Taxes on which Customer claims exemption, Customer must provide Peterson with properly completed e xemption certificates and any documentation needed to validate the exemption. If Customer refuses or fails to provide an appropriate exemption certificate and supporting documentation, as determined by Peterson, Customer will remain liable for all such Tax es. Customer will indemnify, defend and hold harmless Peterson for Packet Pg. 102
Attachment: 8-16-21 Stillwater WWTP Quote (available online) (4.11(a)--Pricing Adjustment- Wastewater Generators) Since 1936
2828 Teagarden Street P.O. Box 5258, San Leandro, CA 94577 Telephone (510) 895-8400 Fax (510) 352-2064 petersonpower.com
5 any and all claim, loss or liability related to Taxes for the equipment. To the extent any taxing authority audits Peterson and assess any taxes related to this purchase, the Customer shall provide proper documentation to support that such taxes have been paid, and will be responsible for any unpaid assessments, interest, penalties, withholdings, defense cost and/or reimbursement to Peterson of defense cost.
8. Freight. Freight costs indicate d in the Agreement/Quote are estimated and subject to change. Any delivery, shipping, installation or performance dates indicated in this Agreement/Quote are estimated and not guaranteed. Peterson shall use best efforts to meet estimated dates, but shall n ot be liable for any delay in delivery, shipping, installation or performance, however occasioned.
9. Title; Risk of Loss. Title and risk of loss for the Equipment shall pass to Customer with delivery made in accordance with the delivery terms set forth above.
10. Inspection and Acceptance. Customer shall inspect the Equipment upon delivery, before offloading, for damage, defects and shortage. Any and all claims which could have been discovered by such inspection shall be deemed absolutely and unconditionally waived unless noted by Customer on the bill of lading. Where Equipment is alleged to be non-conforming or defective, written notice of defect must be given to Peterson within five (5) days from date of delivery after which time Equipment shall be deemed accepted. Peterson shall have a commercially reasonable period of time in which to correct such non-conformity or defect. If non-conformity or defect is not eliminated to Customer’s satisfaction. Customer may reject the Equipment (but shall protect the Equipment until returned to Peterson) or allow Peterson another opportunity to undertake corrective action. In the event startup of the Equipment is included in the services, acceptance shall be deemed to have occurred upon successful startup.
11. Payment Terms; Credit; Retainage. For Customers with an open credit account with Peterson, payments terms are 10% with order, 25% due at submittal approval, and 65% at delivery of material unless otherwise stated in the proposal. Payment due Net 30 from the date of invoice. For Customers who do not have an open credit account with Peterson, progress payments with full payment in advance may be required. Peterson may, in its sole discretion, at any time: (a) revoke credit; (b) modif y terms and conditions of credit; (c) require payment in advance; and/or (d) withhold equipment until receipt of full payment then owing by Customer to Peterson, whether such outstanding obligation of Customer is for the equipment described on the reverse side or otherwise. If payment is not received when due, in an addition to any rights Peterson has under the law and charges that Peterson may levy against Customer under statute (including attorney fees and costs of collection), Peterson may charge customer eighteen percent (18%) interest annually, or the maximum amount allowed by law, on late payments.
Payment shall be due in advance if Customer does not have approved credit. Retainage is not acceptable nor binding, unless accepted and confirmed in writing by Peterson prior to shipment.
12. Invoice; Fees and Expenses. Failure to notify Peterson in writing of any dispute regarding an invoice within thirty (30) days of receipt thereof will be deemed a waiver by Customer of Customer’s right to dispute such invoice. Customer’s obligation to pay amounts in voiced is and will be absolute and unconditional and shall not be subject to any delay, reduction, set -off, defense or counter-claim.
13. Bonds. Cost for any required bid bond, payment and performance bond, or any other type of bond will be reimbursed to Peterson by Customer.
14. Permits, Fees, & Licenses. Cost for any permits, fees, and licenses are the responsibility of the customer and if paid for by Peterson, will be reimbursed to Peterson by Customer.
15. Temporary Storage of Equipment Purchase. Whereas Customer has purchased the equipment listed in this agreement from Peterson, and Customer has requested that Peterson provide storage for the equipment until such time as Peterson has the equipment delivered to their site, Customer will pay Peterson a monthly storage fee, and Exhibit A will be applicable and incorporated in these Terms.
16. Training; Startup Services; Installation. Startup services, load bank testing, commissioning, and owner training are not provided, unless otherwise stated in the quote. Site start up services require customer’s account be current and will be performed during regular Peterson business hours, Monday through Friday. Additional charges may be added for work requested to be done outside normal business hours, on weekends or holidays. One visit for startup is allowed unless specified otherwise in the quote. A minimum of two weeks prior notice is required to schedule site startup and subject to availability of startup technicians and prior commitments of equipment. A signed site check sheet confirming system readiness is required, including and not limited to; wire termination, fuel lines connected, fuel tank full, and exhaust system complete.
Peterson personnel may perform an installation audit prior to startup being completed to assure system readiness for startup.
Any issues identified by the installation audit may be corrected at the customer’s expense prior to startup. Portable load banks for site test (if offered in the Quote) are equipped with only 50 feet of cable. Additional lengths may be arranged at an extra cost. Installation of equipment is performed by others and not included unless otherwise stated in the quote.
17. Warranties.
(a) Equipment. For new equipment purchased by Customer from Peterson, Customer understands and acknowledges that (i) Peterson is not the manufacturer of the equipment or any parts thereof; (ii) Peterson does not and will not have any liability or responsibility to Customer or any third party with respect to any warranty for the Goods, except that Peterson will pass through to Customer the manufacturer’s warranty to the extent permitted by the terms of such warranty; and (iii) any claims Customer or its Agents may have with respect to the manufacturer’s warranty shall be made solely against the manufacturer. Notwithstanding anything contained to the contrary in this Agreement, including this Section 17(a), Peterson Packet Pg. 103
Attachment: 8-16-21 Stillwater WWTP Quote (available online) (4.11(a)--Pricing Adjustment- Wastewater Generators) Since 1936
2828 Teagarden Street P.O. Box 5258, San Leandro, CA 94577 Telephone (510) 895-8400 Fax (510) 352-2064 petersonpower.com
6 makes no representation or warranty as to the equipment, its condition, purpose or use, or as to any manufacturer’s warranty for such Goods.
(b) Extended Protection or Coverage. Customer acknowledges that Customer may have the option of purchasing an equipment protection plan or extended services coverage (each, an “Extended Protectio n Plan”) and Customer agrees that if an Extended Protection Plan is available and purchased by Customer at the time of sale, the Extended Protection Plan will be subject to the terms, conditions and exclusions contained in such applicable Extended Protection Plan. (c) Disclaimer of Warranties. Except as may be expressly described in the Agreement and these terms, company makes no warranty of any nature, scope or kind whatsoever hereunder. Peterson disclaims any warranty, express or implied, including, but not limited to, any (i) warranty of merchantability; (ii) warranty of fitness for a particular purpose; (iii) warranty of title; or (iv) warranty against infringement of intellectual property rights of a third party, whether express or implied by law, course of dealing, course of performance, usage of trade or otherwise. Peterson is neither a manufacturer of the goods or any parts thereof nor an agent of a manufacturer of such goods. Although Peterson may administer warranties issued by a manufacturer, Custome r acknowledges and agrees that: (1) any express warranties by such manufacturer are not the responsibility of Peterson; (2) such manufacturer’s warranty may contain limitations; and (3) Customer may incur certain repair, transportation or other charges by Peterson which are not covered by such manufacturer’s warranty. Any warranty by Peterson shall be null and void and have no legal effect if Customer has failed to pay for the equipment at issue. Except for any express warranties contained hereunder, no ot her representation or warranty of any kind or nature will be binding on or obligate Peterson.
18. Limitation on Warranties . Peterson expressly disclaims all warranties, either express or implied, including any implied warranty of merchantability and warranty for fitness or a particular purpose, to the extent permitted by law. The warranties set forth herein are the sole warranties made by Peterson. Some states do not allow limitation on warranties, so these limitations may not apply to you. The limited warranty does not cover Equipment failures resulting from: (a) inappropriate use relative to application guidelines; (b) normal wear and tear; (c) improper and/or unauthorized installation; (d) negligence, accidents or misuse; (e) lack of maintenance or unauthorized repair; (f) noncompliance with any Peterson published guideline or policy; (g) use of improper or contaminated fuels, coolant or lubricants; (h) improper storage before and after commissioning; (i) owners delay in making Equipment available after notif ication of potential equipment problem; (j) replacement parts and accessories not authorized by Peterson; (k) owner or operator abuse or neglect such as: operation without adequate coolant or lubricants; over fueling; over speeding; lack of maintenance to lubricating, cooling or air intake systems; late servicing and maintenance; improper storage; starting, warm-up, run-in or shutdown practices, or (l) damage to parts, fixtures, housings, attachments and accessory items that are not part of the generating set.
19. Limitation of Liability.
(a) IN NO EVENT SHALL PETERSON, ANY PETERSON ENTITIES, AFFILIATES OR ITS PRINCIPALS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRATORS, REPRESENTATIVES, AGENTS OR SUCCESSORS OR ASSIGNS (collectively, “Company Party”) BE LIABLE TO CUSTOMER, ITS AGENTS OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST REVENUE, LOST
BUSINESS, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWEVER
ARISING WHETHER OR NOT THAT PARTY WAS AWARE OF THE POSSIBILITY OF THOSE DAMAGES AND DESPITE THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY STATED IN THIS AGREEMENT. (b) EXCEPT FOR DAMAGES FOR PERSONAL INJURY, INCLUDING DEATH AND PROPERTY DAMAGE RESULTING FROM
THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT IN CONNECTION WITH THE SALE OR DELIVERY BY PETERSON
OF THE GOODS, OF ANY EMPLOYEES, CONTRACTORS, REPRESENTATIVES OR AGENTS OF PETERSON OR ANY
COMPANY ENTITY OR THE PRINCIPALS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES
OR AGENTS OF COMPANY OR ANY COMPANY ENTITIES, IN NO EVENT WILL THE AGGREGATE LIABILITY OF PETERSON
OR ANY PETERSON PARTY ARISING OUT OF THIS CSA EXCEED THE LESSER OF THE AMOUNT CUSTOMER HAS ACTUALLY PAID TO COMPANY UNDER THIS AGREEMENT FOR THE PREVIOUS TWELVE (12) MONTHS IMMEDIATELY PRIOR TO THE SUBJECT CLAIM OR TEN MILLION DOLLARS $10,000,000. (c) THE PARTIES AGREE THAT THIS SECTION 19 REPRESENTS A REASONABLE ALLOCATION OF RISK. (d) THE PROVISIONS OF THIS SECTION 19 SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT.
20. Indemnification. Neither Peterson nor any Peterson Party will be responsible for any loss or injury resulting from the condition of the Goods sold, including, but not limited to, any defects in the equipment or from the subsequent use of the equipment. Customer expressly agrees as a condition of the purchase and sale of the equipment that Customer will indemnify, defend and hold harmless Peterson and any applicable Peterson Party from and against any and all claims that may hereafter at any time be asserted by any subsequent owner or user of t he items sold hereunder or asserted by any agent, contractor, employee, heirs, or successor or assigns of such owner or user or by any third party arising from the condition of the equipment, including but not limited to, any purported defect in the equipm ent or parts thereof, or by reason of the use of the equipment. Customer agrees to assume all responsibility in connection with the equipment upon delivery thereof to Customer or to a common carrier.
Customer shall indemnify and hold harmless Peterson and the Peterson Party from and against any and all losses, expenses, demands, and claims made against Peterson by Customer, its Agents, any subsequent owner or user of the equipment or any persons claiming under or through such persons because of injury or illness (including death), actual or alleged, whether caused by the sole negligence of Customer, its Agents, such subsequent owner or user or person claiming under or through such persons (the “Customer Parties”), the concurrent negligence of Peterson with Customer, or any Customer Parties arising from, resulting from, or Packet Pg. 104
Attachment: 8-16-21 Stillwater WWTP Quote (available online) (4.11(a)--Pricing Adjustment- Wastewater Generators) Since 1936
2828 Teagarden Street P.O. Box 5258, San Leandro, CA 94577 Telephone (510) 895-8400 Fax (510) 352-2064 petersonpower.com
7 in any way connected with the operation, maintenance, possession, use, transportation, or disposition of the equipment. Customer agrees to defend any suit action or cause of action brought against Peterson or the Peterson Party based on any such alleged injury, illness, or damage and to pay all damages, costs and expenses including reasonable attorney’s fees in conn ection therewith or resulting therefrom.
21. Force Majeure. Peterson shall not be liable, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement to the extent such failure or delay is caused by or results from acts or circumstances beyond Peterson’s reasonable control including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, Bankruptcy, lock -outs, strikes or other labor disputes (whether or not relating to either Party’s workforce), restraints or delays affecting carriers, and inability or delay in obtaining supplies of adequate or suitable materials, telecommunication breakdown or power outage.
22. Privacy Statement. Customer consents to the collection, use, retention and disclosure of information by Peterson and/or a Peterson Party in accordance with Peterson's Privacy Statement, which is posted on Peterson’s website (as such statement may be revised from time to time), and agrees that such information may be accessed by Peterson or a Peterson Party and their partners and manufacturers with a legitimate business reason to access it, as well as third parties who may process such information on their behalf.
23. Entire Agreement. This Agreement and the exhibits and attachments hereto, represent and constitute the entire agreement between the parties, may only be amended in writing signed by both parties, and supersede all prior agreements and understandings with respect to the matters covered by this Agreement.
24. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the successors and permitted assigns of the Parties hereto.
25. Severability. If any provision of this Agreement is found unenforceable or invalid, the remainder of the Agreement will remain in full force and effect and it and any related provisions will be interpreted to best accomplish the unenforceable provision's essential purpose.
26. Counterparts. This Agreement may be executed in any number of counterparts, including facsimile, PDF and other electronic copy, each of which when taken together shall constitute one instrument. No counterpart shall be effective until each Party has executed at least one counterpart.
27. Assignment. Neither Party may assign, convey or transfer this Agreement, or any portion thereof, without the prior written consent of the other party, which consent shall not be unreasonably withheld, conditioned or delayed, except that Peterson may assign this Agreement or any portion thereof without the prior consent of Purchaser to a person or entity controlling, controlled by or affiliated with Peterson or its parent company.
28. No Waiver. A waiver of any term, right or condition of this Agreement by a party must be in writing to be effective and will in no way be construed as a waiver of any later breach of that provision. No express waiver of any term, right or condition of this Agreement shall operate as a waiver of any other term, right or condition.
29. Relationship of the Parties. No employment, agency, joint venture, or similar arrangement is created or intended between Customer and Peterson.
30. Construction. Words used herein, regardless of the number or gender specifically used, shall be deemed and construed to include any other number, singular or plural, and any other gender, masculine, feminine, or neuter, as the context requires.
The provisions of this Agreement and the documents and instruments referred to herein, have been examined by the parties and no implication shall be drawn nor made against any party hereto by virtue of drafting this Agreement. The term “including” used herein shall mean “including, but not limited to”. The subject headings of the sections and subsections of this Agreement are included for purposes of convenience only and shall not affect the construction or interpretation of any of the provisions herein. Each Party acknowledges that they have read this Agreement, have had an opportunity to review with an attorney of their respective choice, and have agreed to all of its terms, including these Terms. Each Party agrees that the rule of construction that a contract be construed against the drafter shall not be applied in interpreting this Agreement and that in the event of any ambiguity in any provisions of this Agreement, including any Exhibits or attachments or agreed upon Change Orders hereto and whether or not placed of record, such ambiguity shall not be construed for or against any Party hereto on the basis of such Party did or did not author the same.
31. No Third Party Beneficiaries. Unless otherwise expressly provided, no provisions of this Agreement are intended or will be construed to confer upon or give to any person or entity other than Customer and Peterson any rights, remedies or other benefits under or by reason of this Agreement.
32. Attorneys’ Fees; Enforcement Costs and Expenses . If any claim or action is brought by either party hereunder against the other party regarding the subject matter hereof, the prevailing party shall be entitled to recover from the non -prevailing party, in addition to any other relief granted, reasonable attorneys’ fees and the expense of litigation.
33. Governing Law; Venue. (a) This Agreement and any attachments or documents related thereto shall be governed, construed and enforced in accordance with (i) the laws of the State of California, excluding conflict of l aw rules, for all sales made or accepted by Peterson at its offices within such state, (ii) with the laws of the State of Oregon, excluding conflict of law rules, for all sales made or accepted by Peterson at its office within such state, and (iii) with th e laws of the State of Washington, excluding conflict of law rules, for all sales made or accepted by Peterson at its office within such state. For agreements made or accepted by Peterson in the State of California, each party hereby irrevocably submits t o the personal and exclusive Packet Pg. 105
Attachment: 8-16-21 Stillwater WWTP Quote (available online) (4.11(a)--Pricing Adjustment- Wastewater Generators) Since 1936
2828 Teagarden Street P.O. Box 5258, San Leandro, CA 94577 Telephone (510) 895-8400 Fax (510) 352-2064 petersonpower.com
8 jurisdiction of the state courts of Alameda County, California and the United States District Court for the Northern District of California, for the purposes of any action, proceeding, suit or claim arising out of this Agreemen t. For agreements made or accepted by Peterson in the State of Oregon, each party hereby irrevocably submits to the personal and exclusive jurisdiction of the state courts of Multnomah County, Oregon and the United States District Court for the District of Portland in Portland, Oregon. For agreements made or accepted by Company in the State of Washington, each party hereby irrevocably submits to the personal and exclusive jurisdiction of the state courts of Cowlitz County, Oregon and the United States District Court for the Western District of Washington in Seattle, Washington. (b) Each party irrevocably and unconditionally waives any objection to the laying of venue as described herein.
34. Survival. Notwithstanding anything contained herein to the contrary, Sections 7, 17(c), 19, 20, 21, 22, 30, 32, 33, and 34 will survive any termination or expiration of this Agreement.
Packet Pg. 106
Attachment: 8-16-21 Stillwater WWTP Quote (available online) (4.11(a)--Pricing Adjustment- Wastewater Generators)
Since 1936
2828 Teagarden Street P.O. Box 5258, San Leandro, CA 94577 Telephone (510) 895-8400 Fax (510) 352-2064 petersonpower.com
Date 4/11/2022
City of Redding
Josh Vandiver
20055 Viking Way
Redding, CA 96003
Reference: Clear Creek WWTP - 1000kW-Rev01
Quote # 30932419-01 – Sourcewell #120617
Dear Josh:
Thank you for the opportunity to propose new Caterpillar power equipment from Peterson Power Systems. Selecting Caterpillar equipment assures you of durable, reliable and high quality products. Choosing Peterson assures you detailed customer service throughout the purchase, start up and ownership process.
I am pleased to quote as follows:
Item Qty Description Unit Price Ext. Price
1 1 1000kW Outdoor packaged standby generator set
277/480 volts, three phase, 60hz, 1800 rpm, including:
UL2200
EPA and BAAQMD Compliant for Stationary Emergency Use
EMCP 4.2B Control Panel
NFPA 110 Local Alarm Module
Circuit Breaker
1 x 1600A, 100% Rated Main Breaker, LSI w/shunt trip and aux contacts PMG Excitation
Jacket Water Heater
Anti-condensation alternator winding space heater, unit mounted DC Charging Alternator
AC Battery Charger
Starting Batteries w/ Rack
Vibration Isolators
5 Year Manufacturer’s Extended Warranty
Package Genset Test
Operation and Maintenance Manuals
Freight: FOB Jobsite
Off loading, crane, rigging and installation by others
Fuel provided by others
See
Sourcewell
Pricing Below
See
Sourcewell
Pricing Below
2 1 Cat outdoor enclosure – Sound Attenuated, Weather Protected Sound Rated at 75dBA @23’
Fixed intake and exhaust louvers
FUEL TANK NOT INCLUDED
See
Sourcewell
Pricing Below
See
Sourcewell
Pricing Below
3 1 Start Up, Testing and Commissioning Services
Perform during regular business hours
Standard start up includes: interconnect wiring verification 2 hour 1.0 PF Load Bank Test, w/ 50’ cable standard length Fuel not included
Training
One 4 hour onsite session w/owner personnel during regular business hours See
Sourcewell
Pricing Below
See
Sourcewell
Pricing Below
4 1 Freight
FOB: Jobsite - Factory to Redding, CA
Off-Loading by Others
See
Sourcewell
Pricing Below
See
Sourcewell
Pricing Below
BASE BID – Subtotal F.O.B. jobsite less sales tax See
Sourcewell
Pricing Below
Packet Pg. 107
Attachment: 4-11-22 Clear Creek WWTP Quote (available online) (4.11(a)--Pricing Adjustment- Wastewater Generators) Since 1936
2828 Teagarden Street P.O. Box 5258, San Leandro, CA 94577 Telephone (510) 895-8400 Fax (510) 352-2064 petersonpower.com
2 Sourcewell Pricing Breakdown:
Item Description List Discount (%) Discount ($) Sourcewell Price 1-2 C32-1000kW Diesel Genset $408,700.00 34% $138,958.00 $269,742.00 3 Startup, Load Test, Training $15,075.00 5% $753.75 $14,321.25 4 Freight $14,560.22 5% $728.01 $13,832.21
5 Subtotal $297,895.46
6 Estimated Taxable Amount* $269,742.00
7 Sales Tax 7.25%
8 Estimated Sales Tax $19,556.30
9 TOTAL $317,451.76
Notes (N), Deviations (D), Exceptions (E):
(N) Quoted to verbal specifications and 6/9/21 site visit Only. (N) Diesel Particulate Filter / Exhaust aftertreatment not included. (N) Pricing based on Q1-2023 Delivery. Add 1% escalation per month for later delivery estimate. (N) Automatic Transfer Switches (ATS) are not included. (N) Fuel not included.
Dimensions: Estimated 276”L x 101”W x 112”H of generator and enclosure assembly
Weight: Estimated 25,000 lbs of assembled generator, enclosure and fuel tank (without fuel)
Equipment Availably: Estimated 48-52weeks after submittal approval
Submittal Availability: Estimated 2-4 weeks
Freight: FOB Jobsite. Off loading, crane, rigging and installation by others
Credit: Order subject to approval. Ten percent (10%) down with order, twenty five percent (25%) due at submittal delivery and sixty five percent (65%) due at delivery of equipment. Payment due net 30 days from date of invoice.
Standard Exclusions (unless expressly provided for in writing in the quote):
• All off engine piping, hangers, flanges, gasket, bolts, insulation, other materials and labor to install. • Items noted are “shipped loose” for contractor installation including any required interconnecting piping or to customer connections.
• Permits: Any and all permit applications or costs including but not limited to local City, County, State and AQMD.
Peterson Power will provide information as requested for use with permit application but assumes no responsibility or obligation to apply for or obtain subject permits. Peterson Power has provided equipment that to the best of our knowledge complies with all local, state and federal requirements. • Testing: Any and all associated testing, inspection, equipment, and certifications requested or required to be performed by a third party including circuit breaker coordination, system commissioning or building load testing . Not limited to NETA testing, infrared scanning, harmonic content or other 3 party agency testing of switchgear, switchboards, protective relays, circuit breakers, arc flash studies and reactive load testing. • Additional items that may be required by local utility for interconnection and parallel operation. • Electrical, Mechanical, Civil, and Structural professionally engineering and design services. Peterson is not responsible for systems design or engineering and does not guarantee system performance standards. Peterson will provide documentation and assistance to others responsible for engineering, design and performance. • Engineering services other than supply of Peterson Power Systems standard drawings, equipment cut-sheets and controls per quoted scope of supply
• Startup and Commissioning service charges other than as noted in the quoted scope of supply. Additional field or shop labor including travel costs to/from the jobsite will be quoted and charged separately at time of requested services. • Balance of plant equipment, controls, and monitoring except as quoted.
Packet Pg. 108
Attachment: 4-11-22 Clear Creek WWTP Quote (available online) (4.11(a)--Pricing Adjustment- Wastewater Generators) Since 1936
2828 Teagarden Street P.O. Box 5258, San Leandro, CA 94577 Telephone (510) 895-8400 Fax (510) 352-2064 petersonpower.com
3 • All fuel system piping and equipment not limited to: supply, return, venting, vent extensions, flame arrestors, coolers, valves, pumps, filters, storage tank and senders external to the generator set package. All fuel for testing and initial fill and on site fuel tank pressure testing.
• Intake and exhaust louvers, air dampers, sheet metal ducting, flex adapters, sound baffles, all off engine piping, connectors, labor, and coolant for remote cooling systems. • All off engine wiring, field terminations of wiring, lugs and connectors. • Mounting bolts and anchors.
• Environmental Protection Agency (EPA), local air quality district or Authority Having Jurisdiction (AHJ), including acoustical.
• All protective relay settings, breaker settings, PLC programming and all other device programming. • Site specific labeling, exhaust back pressure, vibration analysis and airflow restriction. • Any bonds, payment, or performance bond or other type of bond. • Any application sales tax, permits, fees, licenses.
• All items listed above are excluded and will only be supplied by Peterson Power Systems if agreed upon, in writing, by sales representative for Peterson.
Quote Term, Scope: The Quote is valid for 30 days. The price is firm provided drawings are approved and returned within 30 days after submission and ship date is not extended beyond published lead times. Any delays may result in escalation charges. A Sales Order for Equipment is accepted on hold for release basis. The Sales Order will not be released and scheduled for production until written approval to proceed is received. The Quote is limited to plans and specifications section set forth in the Quote. No other sections shall apply. Additional requirements for administrative items may require additional costs. The Quote does not include off unit wiring, off unit plumbing, offloading, rigging, installation, exhaust insulation or fuel, unless otherwise stated.
Thank you for considering Peterson Power Systems . Please contact me with any questions regarding this proposal .
I’m available to discuss design and planning concerns with you at any time.
Sincerely,
Jim Pereza
Sales Representative
Peterson Power Systems
Phone (510)-340-0756
Accepted By:
Signature Date
Printed Name
Company Name
Purchase Order #
Packet Pg. 109
Attachment: 4-11-22 Clear Creek WWTP Quote (available online) (4.11(a)--Pricing Adjustment- Wastewater Generators) Since 1936
2828 Teagarden Street P.O. Box 5258, San Leandro, CA 94577 Telephone (510) 895-8400 Fax (510) 352-2064 petersonpower.com
4 Standard Commercial Terms and Conditions For Sales Of Power Generation Equipment
1. Conditions. These Terms and Conditions (collectively, “Terms”) together with the Quote, Sales Order and/or Credit Application on the front side, are hereinafter referred to as this “Agreement” and shall constitute the entire agreement between the customer (“Customer” ) identified in this Agreement and Peterson Power Systems, Inc. (“Peterson”) and supersede any previous agreement or understanding (oral or written) between the parties with respect to the equipment (“Equipment”) identified in this Agreement.
2. Quote Term; Scope. The Quote is valid for 30 days. The price is firm provided drawings are approved and returned within 30 days after submission and ship date is not extended beyond published lead times. Any delays may result in escalation charges. A Sales Order for Equipment is accepted on hold for release basis. The Sales Order will not be released and scheduled for production until written approval to proceed is received. The Quote is limited to plans and specifications section set forth in the Quote. No other secti ons shall apply. Additional requirements for administrative items may require additional costs.
The Quote does not include off unit wiring, off unit plumbing, offloading, rigging, installation, exhaust insulation, fuel, o r permits unless otherwise stated.
3. Order and Delivery of Equipment . Any and all references to dates or delivery are for planning and scheduling purposes only. No guaranty is stated or implied, retention and or back charges are expressly excluded. All orders for equipment are subject to cre dit approval, which is subject to final acceptance by Company in its sole discretion. Peterson will exercise commercially reasonable efforts to meet any performance dates set forth in the Agreement, but Customer understands and agrees that any such dates a re estimates only and failure by Peterson to deliver any equipment by such date shall not be deemed a breach of the sales agreement. Company will have no liability for any loss associated with the delay in the delivery of equipment, additionally, Peterson will not be deemed in breach of its obligations under this Agreement or otherwise liable to Customer or any third party for any costs, charges, losses sustained or incurred by Customer or applicable third party for any delay in the delivery or equipment arising out of, caused by or in any way related or connected with any circumstances beyond Peterson’s control, including, but not limited to delays caused by acts or omissions to acts by Customer or its Agents (defined below), acts of God, acts of war or terrorism, fire or other casualty, storms or adverse weather, strikes, labor shortages or disturbances, shortages of materials, manufacturer delays, theft or vandalism, transport and handling accidents, or revisions to laws, regulations or governmental requirements. As used herein, the term “Agents” means principals, employees, contractors, subcontractors, consultants, agents, representatives and any persons within the direction or control of Customer or acting on behalf of or for the benefit of Customer.
4. Customer’s Obligations. Customer shall comply with Applicable Law (defined below) in connection with its use, handling, maintenance, storage and operation of the machinery and equipment and shall cause its Agents to comply with all such Applicable Law. As used herein “Applicable Law” means all applicable federal, state and local laws pertaining to its covenants and obligations under the Agreement and its performance of the same, together with these Terms and all rules, regulations, standards, procedures and protocols pertaining or related to the equipment and each and all of them, subject to the Agreement, as stated or endorsed by Company or the manufacturer of such applicable equipment Customer shall cooperate with Peterson in all matters relating to the sale and delivery by Peterson of the equipment The representations and warranties of Customer under this Agreement, including, but not limited to, the foregoing, shall survive any expiration or termination of this Agreement.
5. Cancellation; Charges . If Cust omer cancels all or a portion of this Agreement after its release to Peterson, written cancellation notice is required.
Cancellation Schedule
Calendar Days Cancellation Charge
From To Percent of Order
Order 15 ARO 5
16 ARO 30 ARO 10
31 ARO 60 ARO 20
61 ARO 91 before RTS 70
90 before RTS On/after RTS 90
ARO – After receipt of order, RTS – Ready to ship
6. Pricing. Unless expressly provided for in writing on a quote, pricing for future orders is subject to change without notice.
Unless otherwise stated pricing and risk of loss for purchased equipment is FOB Peterson's site. If purchased equipment is shipped FOB factory, pricing and risk of loss is the responsibility of the customer and any claims for shortages, damages, or delays must be made by Customer direct to the carrier
7. Taxes. Customer will promptly pay to Peterson any taxes that Peterson is required to collect with respect to the purchase of the equipment or any amounts payable by Customer under the Agreement, including, but not limited to, value added, personal property, sales, use, excise and similar taxes, duties and charges of any kind imposed by any federal, state or local governmental entity (collectively, "Taxes"). For any Taxes on which Customer claims exemption, Customer must provide Peterson with properly completed e xemption certificates and any documentation needed to validate the exemption. If Customer refuses or fails to provide an appropriate exemption certificate and supporting documentation, as determined by Peterson, Customer will remain liable for all such Tax es. Customer will indemnify, defend and hold harmless Peterson for Packet Pg. 110
Attachment: 4-11-22 Clear Creek WWTP Quote (available online) (4.11(a)--Pricing Adjustment- Wastewater Generators) Since 1936
2828 Teagarden Street P.O. Box 5258, San Leandro, CA 94577 Telephone (510) 895-8400 Fax (510) 352-2064 petersonpower.com
5 any and all claim, loss or liability related to Taxes for the equipment. To the extent any taxing authority audits Peterson and assess any taxes related to this purchase, the Customer shall provide proper documentation to support that such taxes have been paid, and will be responsible for any unpaid assessments, interest, penalties, withholdings, defense cost and/or reimbursement to Peterson of defense cost.
8. Freight. Freight costs indicate d in the Agreement/Quote are estimated and subject to change. Any delivery, shipping, installation or performance dates indicated in this Agreement/Quote are estimated and not guaranteed. Peterson shall use best efforts to meet estimated dates, but shall n ot be liable for any delay in delivery, shipping, installation or performance, however occasioned.
9. Title; Risk of Loss. Title and risk of loss for the Equipment shall pass to Customer with delivery made in accordance with the delivery terms set forth above.
10. Inspection and Acceptance. Customer shall inspect the Equipment upon delivery, before offloading, for damage, defects and shortage. Any and all claims which could have been discovered by such inspection shall be deemed absolutely and unconditionally waived unless noted by Customer on the bill of lading. Where Equipment is alleged to be non-conforming or defective, written notice of defect must be given to Peterson within five (5) days from date of delivery after which time Equipment shall be deemed accepted. Peterson shall have a commercially reasonable period of time in which to correct such non-conformity or defect. If non-conformity or defect is not eliminated to Customer’s satisfaction. Customer may reject the Equipment (but shall protect the Equipment until returned to Peterson) or allow Peterson another opportunity to undertake corrective action. In the event startup of the Equipment is included in the services, acceptance shall be deemed to have occurred upon successful startup.
11. Payment Terms; Credit; Retainage. For Customers with an open credit account with Peterson, payments terms are 10% with order, 25% due at submittal approval, and 65% at delivery of material unless otherwise stated in the proposal. Payment due Net 30 from the date of invoice. For Customers who do not have an open credit account with Peterson, progress payments with full payment in advance may be required. Peterson may, in its sole discretion, at any time: (a) revoke credit; (b) modif y terms and conditions of credit; (c) require payment in advance; and/or (d) withhold equipment until receipt of full payment then owing by Customer to Peterson, whether such outstanding obligation of Customer is for the equipment described on the reverse side or otherwise. If payment is not received when due, in an addition to any rights Peterson has under the law and charges that Peterson may levy against Customer under statute (including attorney fees and costs of collection), Peterson may charge customer eighteen percent (18%) interest annually, or the maximum amount allowed by law, on late payments.
Payment shall be due in advance if Customer does not have approved credit. Retainage is not acceptable nor binding, unless accepted and confirmed in writing by Peterson prior to shipment.
12. Invoice; Fees and Expenses. Failure to notify Peterson in writing of any dispute regarding an invoice within thirty (30) days of receipt thereof will be deemed a waiver by Customer of Customer’s right to dispute such invoice. Customer’s obligation to pay amounts in voiced is and will be absolute and unconditional and shall not be subject to any delay, reduction, set -off, defense or counter-claim.
13. Bonds. Cost for any required bid bond, payment and performance bond, or any other type of bond will be reimbursed to Peterson by Customer.
14. Permits, Fees, & Licenses. Cost for any permits, fees, and licenses are the responsibility of the customer and if paid for by Peterson, will be reimbursed to Peterson by Customer.
15. Temporary Storage of Equipment Purchase. Whereas Customer has purchased the equipment listed in this agreement from Peterson, and Customer has requested that Peterson provide storage for the equipment until such time as Peterson has the equipment delivered to their site, Customer will pay Peterson a monthly storage fee, and Exhibit A will be applicable and incorporated in these Terms.
16. Training; Startup Services; Installation. Startup services, load bank testing, commissioning, and owner training are not provided, unless otherwise stated in the quote. Site start up services require customer’s account be current and will be performed during regular Peterson business hours, Monday through Friday. Additional charges may be added for work requested to be done outside normal business hours, on weekends or holidays. One visit for startup is allowed unless specified otherwise in the quote. A minimum of two weeks prior notice is required to schedule site startup and subject to availability of startup technicians and prior commitments of equipment. A signed site check sheet confirming system readiness is required, including and not limited to; wire termination, fuel lines connected, fuel tank full, and exhaust system complete.
Peterson personnel may perform an installation audit prior to startup being completed to assure system readiness for startup.
Any issues identified by the installation audit may be corrected at the customer’s expense prior to startup. Portable load banks for site test (if offered in the Quote) are equipped with only 50 feet of cable. Additional lengths may be arranged at an extra cost. Installation of equipment is performed by others and not included unless otherwise stated in the quote.
17. Warranties.
(a) Equipment. For new equipment purchased by Customer from Peterson, Customer understands and acknowledges that (i) Peterson is not the manufacturer of the equipment or any parts thereof; (ii) Peterson does not and will not have any liability or responsibility to Customer or any third party with respect to any warranty for the Goods, except that Peterson will pass through to Customer the manufacturer’s warranty to the extent permitted by the terms of such warranty; and (iii) any claims Customer or its Agents may have with respect to the manufacturer’s warranty shall be made solely against the manufacturer. Notwithstanding anything contained to the contrary in this Agreement, including this Section 17(a), Peterson Packet Pg. 111
Attachment: 4-11-22 Clear Creek WWTP Quote (available online) (4.11(a)--Pricing Adjustment- Wastewater Generators) Since 1936
2828 Teagarden Street P.O. Box 5258, San Leandro, CA 94577 Telephone (510) 895-8400 Fax (510) 352-2064 petersonpower.com
6 makes no representation or warranty as to the equipment, its condition, purpose or use, or as to any manufacturer’s warranty for such Goods.
(b) Extended Protection or Coverage. Customer acknowledges that Customer may have the option of purchasing an equipment protection plan or extended services coverage (each, an “Extended Protectio n Plan”) and Customer agrees that if an Extended Protection Plan is available and purchased by Customer at the time of sale, the Extended Protection Plan will be subject to the terms, conditions and exclusions contained in such applicable Extended Protection Plan. (c) Disclaimer of Warranties. Except as may be expressly described in the Agreement and these terms, company makes no warranty of any nature, scope or kind whatsoever hereunder. Peterson disclaims any warranty, express or implied, including, but not limited to, any (i) warranty of merchantability; (ii) warranty of fitness for a particular purpose; (iii) warranty of title; or (iv) warranty against infringement of intellectual property rights of a third party, whether express or implied by law, course of dealing, course of performance, usage of trade or otherwise. Peterson is neither a manufacturer of the goods or any parts thereof nor an agent of a manufacturer of such goods. Although Peterson may administer warranties issued by a manufacturer, Custome r acknowledges and agrees that: (1) any express warranties by such manufacturer are not the responsibility of Peterson; (2) such manufacturer’s warranty may contain limitations; and (3) Customer may incur certain repair, transportation or other charges by Peterson which are not covered by such manufacturer’s warranty. Any warranty by Peterson shall be null and void and have no legal effect if Customer has failed to pay for the equipment at issue. Except for any express warranties contained hereunder, no ot her representation or warranty of any kind or nature will be binding on or obligate Peterson.
18. Limitation on Warranties . Peterson expressly disclaims all warranties, either express or implied, including any implied warranty of merchantability and warranty for fitness or a particular purpose, to the extent permitted by law. The warranties set forth herein are the sole warranties made by Peterson. Some states do not allow limitation on warranties, so these limitations may not apply to you. The limited warranty does not cover Equipment failures resulting from: (a) inappropriate use relative to application guidelines; (b) normal wear and tear; (c) improper and/or unauthorized installation; (d) negligence, accidents or misuse; (e) lack of maintenance or unauthorized repair; (f) noncompliance with any Peterson published guideline or policy; (g) use of improper or contaminated fuels, coolant or lubricants; (h) improper storage before and after commissioning; (i) owners delay in making Equipment available after notif ication of potential equipment problem; (j) replacement parts and accessories not authorized by Peterson; (k) owner or operator abuse or neglect such as: operation without adequate coolant or lubricants; over fueling; over speeding; lack of maintenance to lubricating, cooling or air intake systems; late servicing and maintenance; improper storage; starting, warm-up, run-in or shutdown practices, or (l) damage to parts, fixtures, housings, attachments and accessory items that are not part of the generating set.
19. Limitation of Liability.
(a) IN NO EVENT SHALL PETERSON, ANY PETERSON ENTITIES, AFFILIATES OR ITS PRINCIPALS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRATORS, REPRESENTATIVES, AGENTS OR SUCCESSORS OR ASSIGNS (collectively, “Company Party”) BE LIABLE TO CUSTOMER, ITS AGENTS OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST REVENUE, LOST
BUSINESS, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWEVER
ARISING WHETHER OR NOT THAT PARTY WAS AWARE OF THE POSSIBILITY OF THOSE DAMAGES AND DESPITE THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY STATED IN THIS AGREEMENT. (b) EXCEPT FOR DAMAGES FOR PERSONAL INJURY, INCLUDING DEATH AND PROPERTY DAMAGE RESULTING FROM
THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT IN CONNECTION WITH THE SALE OR DELIVERY BY PETERSON
OF THE GOODS, OF ANY EMPLOYEES, CONTRACTORS, REPRESENTATIVES OR AGENTS OF PETERSON OR ANY
COMPANY ENTITY OR THE PRINCIPALS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES
OR AGENTS OF COMPANY OR ANY COMPANY ENTITIES, IN NO EVENT WILL THE AGGREGATE LIABILITY OF PETERSON
OR ANY PETERSON PARTY ARISING OUT OF THIS CSA EXCEED THE LESSER OF THE AMOUNT CUSTOMER HAS ACTUALLY PAID TO COMPANY UNDER THIS AGREEMENT FOR THE PREVIOUS TWELVE (12) MONTHS IMMEDIATELY PRIOR TO THE SUBJECT CLAIM OR TEN MILLION DOLLARS $10,000,000. (c) THE PARTIES AGREE THAT THIS SECTION 19 REPRESENTS A REASONABLE ALLOCATION OF RISK. (d) THE PROVISIONS OF THIS SECTION 19 SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT.
20. Indemnification. Neither Peterson nor any Peterson Party will be responsible for any loss or injury resulting from the condition of the Goods sold, including, but not limited to, any defects in the equipment or from the subsequent use of the equipment. Customer expressly agrees as a condition of the purchase and sale of the equipment that Customer will indemnify, defend and hold harmless Peterson and any applicable Peterson Party from and against any and all claims that may hereafter at any time be asserted by any subsequent owner or user of t he items sold hereunder or asserted by any agent, contractor, employee, heirs, or successor or assigns of such owner or user or by any third party arising from the condition of the equipment, including but not limited to, any purported defect in the equipm ent or parts thereof, or by reason of the use of the equipment. Customer agrees to assume all responsibility in connection with the equipment upon delivery thereof to Customer or to a common carrier.
Customer shall indemnify and hold harmless Peterson and the Peterson Party from and against any and all losses, expenses, demands, and claims made against Peterson by Customer, its Agents, any subsequent owner or user of the equipment or any persons claiming under or through such persons because of injury or illness (including death), actual or alleged, whether caused by the sole negligence of Customer, its Agents, such subsequent owner or user or person claiming under or through such persons (the “Customer Parties”), the concurrent negligence of Peterson with Customer, or any Customer Parties arising from, resulting from, or Packet Pg. 112
Attachment: 4-11-22 Clear Creek WWTP Quote (available online) (4.11(a)--Pricing Adjustment- Wastewater Generators) Since 1936
2828 Teagarden Street P.O. Box 5258, San Leandro, CA 94577 Telephone (510) 895-8400 Fax (510) 352-2064 petersonpower.com
7 in any way connected with the operation, maintenance, possession, use, transportation, or disposition of the equipment. Customer agrees to defend any suit action or cause of action brought against Peterson or the Peterson Party based on any such alleged injury, illness, or damage and to pay all damages, costs and expenses including reasonable attorney’s fees in conn ection therewith or resulting therefrom.
21. Force Majeure. Peterson shall not be liable, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement to the extent such failure or delay is caused by or results from acts or circumstances beyond Peterson’s reasonable control including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unre st, national emergency, revolution, insurrection, epidemic, Bankruptcy, lock -outs, strikes or other labor disputes (whether or not relating to either Party’s workforce), restraints or delays affecting carriers, and inability or delay in obtaining supplies of adequate or suitable materials, telecommunication breakdown or power outage.
22. Privacy Statement. Customer consents to the collection, use, retention and disclosure of information by Peterson and/or a Peterson Party in accordance with Peterson's Privacy Statement, which is posted on Peterson’s website (as such statement may be revised from time to time), and agrees that such information may be accessed by Peterson or a Peterson Party and their partners and manufacturers with a legitimate business reason t o access it, as well as third parties who may process such information on their behalf.
23. Entire Agreement. This Agreement and the exhibits and attachments hereto, represent and constitute the entire agreement between the parties, may only be amended in wri ting signed by both parties, and supersede all prior agreements and understandings with respect to the matters covered by this Agreement.
24. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the successors and permitted assigns of the Parties hereto.
25. Severability. If any provision of this Agreement is found unenforceable or invalid, the remainder of the Agreement will remain in full force and effect and it and any related provisions will be interpreted to best accomplish the unenforceable provision's essential purpose.
26. Counterparts. This Agreement may be executed in any number of counterparts, including facsimile, PDF and other electronic copy, each of which when taken together shall constitute one instrument. No counterpart shall be effective until each Party has executed at least one counterpart.
27. Assignment. Neither Party may assign, convey or transfer this Agreement, or any portion thereof, without the prior written consent of the other party, which consent shall not be unreasonably withheld, conditioned or delayed, except that Peterson may assign this Agreement or any portion thereof without the prior consent of Purchaser to a person or entity controlling, controlled by or affiliated with Peterson or its parent company.
28. No Waiver. A waiver of any term, right or condition of this Agreement by a party must be in writing to be effective and will in no way be construed as a waiver of any later breach of that provision. No express waiver of any term, right or condition of this Agreement shall operate as a waiver of any other term, right or condition.
29. Relationship of the Parties. No employment, agency, joint venture, or similar arrangement is created or intended between Customer and Peterson.
30. Construction. Words used herein, regardless of the number or gender specifically used, shall be deemed and construed to include any other number, singular or plural, and any other gender, masculine, feminine, or neuter, as the context requires.
The provisions of this Agreement and the documents and instruments referred to herein, have been examined by the parties and no implication shall be drawn nor made against any party hereto by virtue of drafting this Agreement. The term “including” used herein shall mean “including, but not limited to”. The subject headings of the sections and subsections of this Agreement are included for purposes of convenience only and shall not affect the construction or interpretation of any of the provisions herein. Each Party acknowledges that they have read this Agreement, have had an opportunity to review with an attorney of their respective choice, and have agreed to all of its terms, including these Terms. Each Party agrees that the rule of construction that a contract be construed against the drafter shall not be applied in interpreting this Agreement and that in the event of any ambiguity in any provisions of this Agreement, including any Exhibits or attachments or agreed upon Change Orders hereto and whether or not placed of record, such ambiguity shall not be construed for or against any Party hereto on the basis of such Party did or did not author the same.
31. No Third Party Beneficiaries. Unless otherwise expressly provided, no provisions of this Agreement are intended or will be construed to confer upo n or give to any person or entity other than Customer and Peterson any rights, remedies or other benefits under or by reason of this Agreement.
32. Attorneys’ Fees; Enforcement Costs and Expenses . If any claim or action is brought by either party hereunder ag ainst the other party regarding the subject matter hereof, the prevailing party shall be entitled to recover from the non -prevailing party, in addition to any other relief granted, reasonable attorneys’ fees and the expense of litigation.
33. Governing Law; Venue. (a) This Agreement and any attachments or documents related thereto shall be governed, construed and enforced in accordance with (i) the laws of the State of California, excluding conflict of law rules, for all sales made or accepted by Peterson at its offices within such state, (ii) with the laws of the State of Oregon, excluding conflict of law rules, for all sales made or accepted by Peterson at its office within such state, and (iii) with the laws of the State of Washingto n, excluding conflict of law rules, for all sales made or accepted by Peterson at its office within such state. For agreements made or accepted by Peterson in the State of California, each party hereby irrevocably submits to the personal and exclusive Packet Pg. 113
Attachment: 4-11-22 Clear Creek WWTP Quote (available online) (4.11(a)--Pricing Adjustment- Wastewater Generators) Since 1936
2828 Teagarden Street P.O. Box 5258, San Leandro, CA 94577 Telephone (510) 895-8400 Fax (510) 352-2064 petersonpower.com
8 jurisdiction of the state courts of Alameda County, California and the United States District Court for the Northern District of California, for the purposes of any action, proceeding, suit or claim arising out of this Agreement. For agreements made or accepted by Peterson in the St ate of Oregon, each party hereby irrevocably submits to the personal and exclusive jurisdiction of the state courts of Multnomah County, Oregon and the United States District Court for the District of Portland in Portland, Oregon. For agreements made or accepted by Company in the State of Washington, each party hereby irrevocably submits to the personal and exclusive jurisdiction of the state courts of Cowlitz County, Oregon and the United States District Court for the Western District of Washington in Seattle, Washington. (b) Each party irrevocably and unconditionally waives any objection to the laying of venue as described herein.
34. Survival. Notwithstanding anything contained herein to the contrary, Sections 7, 17(c), 19, 20, 21, 22, 30, 32, 33, and 34 will survive any termination or expiration of this Agreement.
Packet Pg. 114
Attachment: 4-11-22 Clear Creek WWTP Quote (available online) (4.11(a)--Pricing Adjustment- Wastewater Generators)
Since 1936
2828 Teagarden Street P.O. Box 5258, San Leandro, CA 94577 Telephone (510) 895-8400 Fax (510) 352-2064 petersonpower.com
Date 4/11/2022
City of Redding
Josh Vandiver
20055 Viking Way
Redding, CA 96003
Reference: Stillwater WWTP - 1000kW-Rev01
Quote # 30932436-01 – Sourcewell #120617
Dear Josh:
Thank you for the opportunity to propose new Caterpillar power equipment from Peterson Power Systems. Selecting Caterpillar equipment assures you of durable, reliable and high quality products. Choosing Peterson assures you detailed customer service throughout the purchase, start up and ownership process.
I am pleased to quote as follows:
Item Qty Description Unit Price Ext. Price
1 1 1000kW Outdoor packaged standby generator set
277/480 volts, three phase, 60hz, 1800 rpm, including:
UL2200
EPA and BAAQMD Compliant for Stationary Emergency Use
EMCP 4.2B Control Panel
NFPA 110 Local Alarm Module
Circuit Breaker
1 x 1600A, 100% Rated Main Breaker, LSI w/shunt trip and aux contacts PMG Excitation
Jacket Water Heater
Anti-condensation alternator winding space heater, unit mounted DC Charging Alternator
AC Battery Charger
Starting Batteries w/ Rack
Vibration Isolators
5 Year Manufacturer’s Extended Warranty
Package Genset Test
Operation and Maintenance Manuals
Freight: FOB Jobsite
Off loading, crane, rigging and installation by others
Fuel provided by others
See
Sourcewell
Pricing Below
See
Sourcewell
Pricing Below
2 1 Cat outdoor enclosure – Sound Attenuated, Weather Protected Sound Rated at 75dBA @23’
Fixed intake and exhaust louvers
FUEL TANK NOT INCLUDED
See
Sourcewell
Pricing Below
See
Sourcewell
Pricing Below
3 1 Start Up, Testing and Commissioning Services
Perform during regular business hours
Standard start up includes: interconnect wiring verification 2 hour 1.0 PF Load Bank Test, w/ 50’ cable standard length Fuel not included
Training
One 4 hour onsite session w/owner personnel during regular business hours See
Sourcewell
Pricing Below
See
Sourcewell
Pricing Below
4 1 Freight
FOB: Jobsite - Factory to Redding, CA
Off-Loading by Others
See
Sourcewell
Pricing Below
See
Sourcewell
Pricing Below
BASE BID – Subtotal F.O.B. jobsite less sales tax See
Sourcewell
Pricing Below
Packet Pg. 115
Attachment: 4-11-22 Stillwater WWTP Quote (available online) (4.11(a)--Pricing Adjustment- Wastewater Generators) Since 1936
2828 Teagarden Street P.O. Box 5258, San Leandro, CA 94577 Telephone (510) 895-8400 Fax (510) 352-2064 petersonpower.com
2 Sourcewell Pricing Breakdown:
Item Description List Discount (%) Discount ($) Sourcewell Price 1-2 C32-1000kW Diesel Genset $408,700.00 34% $138,958.00 $269,742.00 3 Startup, Load Test, Training $15,075.00 5% $753.75 $14,321.25 4 Freight $14,560.22 5% $728.01 $13,832.21
5 Subtotal $297,895.46
6 Estimated Taxable Amount* $269,742.00
7 Sales Tax 7.25%
8 Estimated Sales Tax $19,556.30
9 TOTAL $317,451.76
Notes (N), Deviations (D), Exceptions (E):
(N) Quoted to verbal specifications and 6/9/21 site visit Only. (N) Diesel Particulate Filter / Exhaust aftertreatment not included. (N) Pricing based on Q1-2023 Delivery. Add 1% escalation per month for later delivery estimate. (N) Automatic Transfer Switches (ATS) are not included. (N) Fuel not included.
Dimensions: Estimated 276”L x 101”W x 112”H of generator and enclosure assembly
Weight: Estimated 25,000 lbs of assembled generator, enclosure and fuel tank (without fuel)
Equipment Availably: Estimated 48-52 weeks after submittal approval
Submittal Availability: Estimated 2-4 weeks
Freight: FOB Jobsite. Off loading, crane, rigging and installation by others
Credit: Order subject to approval. Ten percent (10%) down with order, twenty five percent (25%) due at submittal delivery and sixty five percent (65%) due at delivery of equipment. Payment due net 30 days from date of invoice.
Standard Exclusions (unless expressly provided for in writing in the quote):
• All off engine piping, hangers, flanges, gasket, bolts, insulation, other materials and labor to install. • Items noted are “shipped loose” for contractor installation including any required interconnecting piping or to customer connections.
• Permits: Any and all permit applications or costs including but not limited to local City, County, State and AQMD.
Peterson Power will provide information as requested for use with permit application but assumes no responsibility or obligation to apply for or obtain subject permits. Peterson Power has provided equipment that to the best of our knowledge complies with all local, state and federal requirements. • Testing: Any and all associated testing, inspection, equipment, and certifications requested or required to be performed by a third party including circuit breaker coordination, system commissioning or building load testing . Not limited to NETA testing, infrared scanning, harmonic content or other 3 party agency testing of switchgear, switchboards, protective relays, circuit breakers, arc flash studies and reactive load testing. • Additional items that may be required by local utility for interconnection and parallel operation. • Electrical, Mechanical, Civil, and Structural professionally engineering and design services. Peterson is not responsible for systems design or engineering and does not guarantee system performance standards. Peterson will provide documentation and assistance to others responsible for engineering, design and performance. • Engineering services other than supply of Peterson Power Systems standard drawings, equipment cut-sheets and controls per quoted scope of supply
• Startup and Commissioning service charges other than as noted in the quoted scope of supply. Additional field or shop labor including travel costs to/from the jobsite will be quoted and charged separately at time of requested services. • Balance of plant equipment, controls, and monitoring except as quoted.
Packet Pg. 116
Attachment: 4-11-22 Stillwater WWTP Quote (available online) (4.11(a)--Pricing Adjustment- Wastewater Generators) Since 1936
2828 Teagarden Street P.O. Box 5258, San Leandro, CA 94577 Telephone (510) 895-8400 Fax (510) 352-2064 petersonpower.com
3 • All fuel system piping and equipment not limited to: supply, return, venting, vent extensions, flame arrestors, coolers, valves, pumps, filters, storage tank and senders external to the generator set package. All fuel for testing and initial fill and on site fuel tank pressure testing.
• Intake and exhaust louvers, air dampers, sheet metal ducting, flex adapters, sound baffles, all off engine piping, connectors, labor, and coolant for remote cooling systems. • All off engine wiring, field terminations of wiring, lugs and connectors. • Mounting bolts and anchors.
• Environmental Protection Agency (EPA), local air quality district or Authority Having Jurisdiction (AHJ), including acoustical.
• All protective relay settings, breaker settings, PLC programming and all other device programming. • Site specific labeling, exhaust back pressure, vibration analysis and airflow restriction. • Any bonds, payment, or performance bond or other type of bond. • Any application sales tax, permits, fees, licenses.
• All items listed above are excluded and will only be supplied by Peterson Power Systems if agreed upon, in writing, by sales representative for Peterson.
Quote Term, Scope: The Quote is valid for 30 days. The price is firm provided drawings are approved and returned within 30 days after submission and ship date is not extended beyond published lead times. Any delays may result in escalation charges. A Sales Order for Equipment is accepted on hold for release basis. The Sales Order will not be released and scheduled for production until written approval to proceed is received. The Quote is limited to plans and specifications section set forth in the Quote. No other sections shall apply. Additional requirements for administrative items may require additional costs. The Quote does not include off unit wiring, off unit plumbing, offloading, rigging, installation, exhaust insulation or fuel, unless otherwise stated.
Thank you for considering Peterson Power Systems . Please contact me with any questions regarding thi s proposal.
I’m available to discuss design and planning concerns with you at any time.
Sincerely,
Jim Pereza
Sales Representative
Peterson Power Systems
Phone (510)-340-0756
Accepted By:
Signature Date
Printed Name
Company Name
Purchase Order #
Packet Pg. 117
Attachment: 4-11-22 Stillwater WWTP Quote (available online) (4.11(a)--Pricing Adjustment- Wastewater Generators) Since 1936
2828 Teagarden Street P.O. Box 5258, San Leandro, CA 94577 Telephone (510) 895-8400 Fax (510) 352-2064 petersonpower.com
4 Standard Commercial Terms and Conditions For Sales Of Power Generation Equipment
1. Conditions. These Terms and Conditions (collectively, “Terms”) together with the Quote, Sales Order and/or Credit Application on the front side, are hereinafter referred to as this “Agreement” and shall constitute the entire agreement between the customer (“Customer” ) identified in this Agreement and Peterson Power Systems, Inc. (“Peterson”) and supersede any previous agreement or understanding (oral or written) between the parties with respect to the equipment (“Equipment”) identified in this Agreement.
2. Quote Term; Scope. The Quote is valid for 30 days. The price is firm provided drawings are approved and returned within 30 days after submission and ship date is not extended beyond published lead times. Any delays may result in escalation charges. A Sales Order for Equipment is accepted on hold for release basis. The Sales Order will not be released and scheduled for production until written approval to proceed is received. The Quote is limited to plans and specifications section set forth in the Quote. No other secti ons shall apply. Additional requirements for administrative items may require additional costs.
The Quote does not include off unit wiring, off unit plumbing, offloading, rigging, installation, exhaust insulation, fuel, o r permits unless otherwise stated.
3. Order and Delivery of Equipment . Any and all references to dates or delivery are for planning and scheduling purposes only. No guaranty is stated or implied, retention and or back charges are expressly excluded. All orders for equipment are subject to cre dit approval, which is subject to final acceptance by Company in its sole discretion. Peterson will exercise commercially reasonable efforts to meet any performance dates set forth in the Agreement, but Customer understands and agrees that any such dates a re estimates only and failure by Peterson to deliver any equipment by such date shall not be deemed a breach of the sales agreement. Company will have no liability for any loss associated with the delay in the delivery of equipment, additionally, Peterson will not be deemed in breach of its obligations under this Agreement or otherwise liable to Customer or any third party for any costs, charges, losses sustained or incurred by Customer or applicable third party for any delay in the delivery or equipment arising out of, caused by or in any way related or connected with any circumstances beyond Peterson’s control, including, but not limited to delays caused by acts or omissions to acts by Customer or its Agents (defined below), acts of God, acts of war or terrorism, fire or other casualty, storms or adverse weather, strikes, labor shortages or disturbances, shortages of materials, manufacturer delays, theft or vandalism, transport and handling accidents, or revisions to laws, regulations or governmental requirements. As used herein, the term “Agents” means principals, employees, contractors, subcontractors, consultants, agents, representatives and any persons within the direction or control of Customer or acting on behalf of or for the benefit of Customer.
4. Customer’s Obligations. Customer shall comply with Applicable Law (defined below) in connection with its use, handling, maintenance, storage and operation of the machinery and equipment and shall cause its Agents to comply with all such Applicable Law. As used herein “Applicable Law” means all applicable federal, state and local laws pertaining to its covenants and obligations under the Agreement and its performance of the same, together with these Terms and all rules, regulations, standards, procedures and protocols pertaining or related to the equipment and each and all of them, subject to the Agreement, as stated or endorsed by Company or the manufacturer of such applicable equipment Customer shall cooperate with Peterson in all matters relating to the sale and delivery by Peterson of the equipment The representations and warranties of Customer under this Agreement, including, but not limited to, the foregoing, shall survive any expiration or termination of this Agreement.
5. Cancellation; Charges . If Cust omer cancels all or a portion of this Agreement after its release to Peterson, written cancellation notice is required.
Cancellation Schedule
Calendar Days Cancellation Charge
From To Percent of Order
Order 15 ARO 5
16 ARO 30 ARO 10
31 ARO 60 ARO 20
61 ARO 91 before RTS 70
90 before RTS On/after RTS 90
ARO – After receipt of order, RTS – Ready to ship
6. Pricing. Unless expressly provided for in writing on a quote, pricing for future orders is subject to change without notice.
Unless otherwise stated pricing and risk of loss for purchased equipment is FOB Peterson's site. If purchased equipment is shipped FOB factory, pricing and risk of loss is the responsibility of the customer and any claims for shortages, damages, or delays must be made by Customer direct to the carrier
7. Taxes. Customer will promptly pay to Peterson any taxes that Peterson is required to collect with respect to the purchase of the equipment or any amounts payable by Customer under the Agreement, including, but not limited to, value added, personal property, sales, use, excise and similar taxes, duties and charges of any kind imposed by any federal, state or local governmental entity (collectively, "Taxes"). For any Taxes on which Customer claims exemption, Customer must provide Peterson with properly completed e xemption certificates and any documentation needed to validate the exemption. If Customer refuses or fails to provide an appropriate exemption certificate and supporting documentation, as determined by Peterson, Customer will remain liable for all such Tax es. Customer will indemnify, defend and hold harmless Peterson for Packet Pg. 118
Attachment: 4-11-22 Stillwater WWTP Quote (available online) (4.11(a)--Pricing Adjustment- Wastewater Generators) Since 1936
2828 Teagarden Street P.O. Box 5258, San Leandro, CA 94577 Telephone (510) 895-8400 Fax (510) 352-2064 petersonpower.com
5 any and all claim, loss or liability related to Taxes for the equipment. To the extent any taxing authority audits Peterson and assess any taxes related to this purchase, the Customer shall provide proper documentation to support that such taxes have been paid, and will be responsible for any unpaid assessments, interest, penalties, withholdings, defense cost and/or reimbursement to Peterson of defense cost.
8. Freight. Freight costs indicate d in the Agreement/Quote are estimated and subject to change. Any delivery, shipping, installation or performance dates indicated in this Agreement/Quote are estimated and not guaranteed. Peterson shall use best efforts to meet estimated dates, but shall n ot be liable for any delay in delivery, shipping, installation or performance, however occasioned.
9. Title; Risk of Loss. Title and risk of loss for the Equipment shall pass to Customer with delivery made in accordance with the delivery terms set forth above.
10. Inspection and Acceptance. Customer shall inspect the Equipment upon delivery, before offloading, for damage, defects and shortage. Any and all claims which could have been discovered by such inspection shall be deemed absolutely and unconditionally waived unless noted by Customer on the bill of lading. Where Equipment is alleged to be non-conforming or defective, written notice of defect must be given to Peterson within five (5) days from date of delivery after which time Equipment shall be deemed accepted. Peterson shall have a commercially reasonable period of time in which to correct such non-conformity or defect. If non-conformity or defect is not eliminated to Customer’s satisfaction. Customer may reject the Equipment (but shall protect the Equipment until returned to Peterson) or allow Peterson another opportunity to undertake corrective action. In the event startup of the Equipment is included in the services, acceptance shall be deemed to have occurred upon successful startup.
11. Payment Terms; Credit; Retainage. For Customers with an open credit account with Peterson, payments terms are 10% with order, 25% due at submittal approval, and 65% at delivery of material unless otherwise stated in the proposal. Payment due Net 30 from the date of invoice. For Customers who do not have an open credit account with Peterson, progress payments with full payment in advance may be required. Peterson may, in its sole discretion, at any time: (a) revoke credit; (b) modif y terms and conditions of credit; (c) require payment in advance; and/or (d) withhold equipment until receipt of full payment then owing by Customer to Peterson, whether such outstanding obligation of Customer is for the equipment described on the reverse side or otherwise. If payment is not received when due, in an addition to any rights Peterson has under the law and charges that Peterson may levy against Customer under statute (including attorney fees and costs of collection), Peterson may charge customer eighteen percent (18%) interest annually, or the maximum amount allowed by law, on late payments.
Payment shall be due in advance if Customer does not have approved credit. Retainage is not acceptable nor binding, unless accepted and confirmed in writing by Peterson prior to shipment.
12. Invoice; Fees and Expenses. Failure to notify Peterson in writing of any dispute regarding an invoice within thirty (30) days of receipt thereof will be deemed a waiver by Customer of Customer’s right to dispute such invoice. Customer’s obligation to pay amounts in voiced is and will be absolute and unconditional and shall not be subject to any delay, reduction, set -off, defense or counter-claim.
13. Bonds. Cost for any required bid bond, payment and performance bond, or any other type of bond will be reimbursed to Peterson by Customer.
14. Permits, Fees, & Licenses. Cost for any permits, fees, and licenses are the responsibility of the customer and if paid for by Peterson, will be reimbursed to Peterson by Customer.
15. Temporary Storage of Equipment Purchase. Whereas Customer has purchased the equipment listed in this agreement from Peterson, and Customer has requested that Peterson provide storage for the equipment until such time as Peterson has the equipment delivered to their site, Customer will pay Peterson a monthly storage fee, and Exhibit A will be applicable and incorporated in these Terms.
16. Training; Startup Services; Installation. Startup services, load bank testing, commissioning, and owner training are not provided, unless otherwise stated in the quote. Site start up services require customer’s account be current and will be performed during regular Peterson business hours, Monday through Friday. Additional charges may be added for work requested to be done outside normal business hours, on weekends or holidays. One visit for startup is allowed unless specified otherwise in the quote. A minimum of two weeks prior notice is required to schedule site startup and subject to availability of startup technicians and prior commitments of equipment. A signed site check sheet confirming system readiness is required, including and not limited to; wire termination, fuel lines connected, fuel tank full, and exhaust system complete.
Peterson personnel may perform an installation audit prior to startup being completed to assure system readiness for startup.
Any issues identified by the installation audit may be corrected at the customer’s expense prior to startup. Portable load banks for site test (if offered in the Quote) are equipped with only 50 feet of cable. Additional lengths may be arranged at an extra cost. Installation of equipment is performed by others and not included unless otherwise stated in the quote.
17. Warranties.
(a) Equipment. For new equipment purchased by Customer from Peterson, Customer understands and acknowledges that (i) Peterson is not the manufacturer of the equipment or any parts thereof; (ii) Peterson does not and will not have any liability or responsibility to Customer or any third party with respect to any warranty for the Goods, except that Peterson will pass through to Customer the manufacturer’s warranty to the extent permitted by the terms of such warranty; and (iii) any claims Customer or its Agents may have with respect to the manufacturer’s warranty shall be made solely against the manufacturer. Notwithstanding anything contained to the contrary in this Agreement, including this Section 17(a), Peterson Packet Pg. 119
Attachment: 4-11-22 Stillwater WWTP Quote (available online) (4.11(a)--Pricing Adjustment- Wastewater Generators) Since 1936
2828 Teagarden Street P.O. Box 5258, San Leandro, CA 94577 Telephone (510) 895-8400 Fax (510) 352-2064 petersonpower.com
6 makes no representation or warranty as to the equipment, its condition, purpose or use, or as to any manufacturer’s warranty for such Goods.
(b) Extended Protection or Coverage. Customer acknowledges that Customer may have the option of purchasing an equipment protection plan or extended services coverage (each, an “Extended Protectio n Plan”) and Customer agrees that if an Extended Protection Plan is available and purchased by Customer at the time of sale, the Extended Protection Plan will be subject to the terms, conditions and exclusions contained in such applicable Extended Protection Plan. (c) Disclaimer of Warranties. Except as may be expressly described in the Agreement and these terms, company makes no warranty of any nature, scope or kind whatsoever hereunder. Peterson disclaims any warranty, express or implied, including, but not limited to, any (i) warranty of merchantability; (ii) warranty of fitness for a particular purpose; (iii) warranty of title; or (iv) warranty against infringement of intellectual property rights of a third party, whether express or implied by law, course of dealing, course of performance, usage of trade or otherwise. Peterson is neither a manufacturer of the goods or any parts thereof nor an agent of a manufacturer of such goods. Although Peterson may administer warranties issued by a manufacturer, Custome r acknowledges and agrees that: (1) any express warranties by such manufacturer are not the responsibility of Peterson; (2) such manufacturer’s warranty may contain limitations; and (3) Customer may incur certain repair, transportation or other charges by Peterson which are not covered by such manufacturer’s warranty. Any warranty by Peterson shall be null and void and have no legal effect if Customer has failed to pay for the equipment at issue. Except for any express warranties contained hereunder, no ot her representation or warranty of any kind or nature will be binding on or obligate Peterson.
18. Limitation on Warranties . Peterson expressly disclaims all warranties, either express or implied, including any implied warranty of merchantability and warranty for fitness or a particular purpose, to the extent permitted by law. The warranties set forth herein are the sole warranties made by Peterson. Some states do not allow limitation on warranties, so these limitations may not apply to you. The limited warranty does not cover Equipment failures resulting from: (a) inappropriate use relative to application guidelines; (b) normal wear and tear; (c) improper and/or unauthorized installation; (d) negligence, accidents or misuse; (e) lack of maintenance or unauthorized repair; (f) noncompliance with any Peterson published guideline or policy; (g) use of improper or contaminated fuels, coolant or lubricants; (h) improper storage before and after commissioning; (i) owners delay in making Equipment available after notif ication of potential equipment problem; (j) replacement parts and accessories not authorized by Peterson; (k) owner or operator abuse or neglect such as: operation without adequate coolant or lubricants; over fueling; over speeding; lack of maintenance to lubricating, cooling or air intake systems; late servicing and maintenance; improper storage; starting, warm-up, run-in or shutdown practices, or (l) damage to parts, fixtures, housings, attachments and accessory items that are not part of the generating set.
19. Limitation of Liability.
(a) IN NO EVENT SHALL PETERSON, ANY PETERSON ENTITIES, AFFILIATES OR ITS PRINCIPALS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRATORS, REPRESENTATIVES, AGENTS OR SUCCESSORS OR ASSIGNS (collectively, “Company Party”) BE LIABLE TO CUSTOMER, ITS AGENTS OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST REVENUE, LOST
BUSINESS, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWEVER
ARISING WHETHER OR NOT THAT PARTY WAS AWARE OF THE POSSIBILITY OF THOSE DAMAGES AND DESPITE THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY STATED IN THIS AGREEMENT. (b) EXCEPT FOR DAMAGES FOR PERSONAL INJURY, INCLUDING DEATH AND PROPERTY DAMAGE RESULTING FROM
THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT IN CONNECTION WITH THE SALE OR DELIVERY BY PETERSON
OF THE GOODS, OF ANY EMPLOYEES, CONTRACTORS, REPRESENTATIVES OR AGENTS OF PETERSON OR ANY
COMPANY ENTITY OR THE PRINCIPALS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES
OR AGENTS OF COMPANY OR ANY COMPANY ENTITIES, IN NO EVENT WILL THE AGGREGATE LIABILITY OF PETERSON
OR ANY PETERSON PARTY ARISING OUT OF THIS CSA EXCEED THE LESSER OF THE AMOUNT CUSTOMER HAS ACTUALLY PAID TO COMPANY UNDER THIS AGREEMENT FOR THE PREVIOUS TWELVE (12) MONTHS IMMEDIATELY PRIOR TO THE SUBJECT CLAIM OR TEN MILLION DOLLARS $10,000,000. (c) THE PARTIES AGREE THAT THIS SECTION 19 REPRESENTS A REASONABLE ALLOCATION OF RISK. (d) THE PROVISIONS OF THIS SECTION 19 SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT.
20. Indemnification. Neither Peterson nor any Peterson Party will be responsible for any loss or injury resulting from the condition of the Goods sold, including, but not limited to, any defects in the equipment or from the subsequent use of the equipment. Customer expressly agrees as a condition of the purchase and sale of the equipment that Customer will indemnify, defend and hold harmless Peterson and any applicable Peterson Party from and against any and all claims that may hereafter at any time be asserted by any subsequent owner or user of t he items sold hereunder or asserted by any agent, contractor, employee, heirs, or successor or assigns of such owner or user or by any third party arising from the condition of the equipment, including but not limited to, any purported defect in the equipm ent or parts thereof, or by reason of the use of the equipment. Customer agrees to assume all responsibility in connection with the equipment upon delivery thereof to Customer or to a common carrier.
Customer shall indemnify and hold harmless Peterson and the Peterson Party from and against any and all losses, expenses, demands, and claims made against Peterson by Customer, its Agents, any subsequent owner or user of the equipment or any persons claiming under or through such persons because of injury or illness (including death), actual or alleged, whether caused by the sole negligence of Customer, its Agents, such subsequent owner or user or person claiming under or through such persons (the “Customer Parties”), the concurrent negligence of Peterson with Customer, or any Customer Parties arising from, resulting from, or Packet Pg. 120
Attachment: 4-11-22 Stillwater WWTP Quote (available online) (4.11(a)--Pricing Adjustment- Wastewater Generators) Since 1936
2828 Teagarden Street P.O. Box 5258, San Leandro, CA 94577 Telephone (510) 895-8400 Fax (510) 352-2064 petersonpower.com
7 in any way connected with the operation, maintenance, possession, use, transportation, or disposition of the equipment. Customer agrees to defend any suit action or cause of action brought against Peterson or the Peterson Party based on any such alleged injury, illness, or damage and to pay all damages, costs and expenses including reasonable attorney’s fees in conn ection therewith or resulting therefrom.
21. Force Majeure. Peterson shall not be liable, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement to the extent such failure or delay is caused by or results from acts or circumstances beyond Peterson’s reasonable control including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unre st, national emergency, revolution, insurrection, epidemic, Bankruptcy, lock -outs, strikes or other labor disputes (whether or not relating to either Party’s workforce), restraints or delays affecting carriers, and inability or delay in obtaining supplies of adequate or suitable materials, telecommunication breakdown or power outage.
22. Privacy Statement. Customer consents to the collection, use, retention and disclosure of information by Peterson and/or a Peterson Party in accordance with Peterson's Privacy Statement, which is posted on Peterson’s website (as such statement may be revised from time to time), and agrees that such information may be accessed by Peterson or a Peterson Party and their partners and manufacturers with a legitimate business reason t o access it, as well as third parties who may process such information on their behalf.
23. Entire Agreement. This Agreement and the exhibits and attachments hereto, represent and constitute the entire agreement between the parties, may only be amended in wri ting signed by both parties, and supersede all prior agreements and understandings with respect to the matters covered by this Agreement.
24. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the successors and permitted assigns of the Parties hereto.
25. Severability. If any provision of this Agreement is found unenforceable or invalid, the remainder of the Agreement will remain in full force and effect and it and any related provisions will be interpreted to best accomplish the unenforceable provision's essential purpose.
26. Counterparts. This Agreement may be executed in any number of counterparts, including facsimile, PDF and other electronic copy, each of which when taken together shall constitute one instrument. No counterpart shall be effective until each Party has executed at least one counterpart.
27. Assignment. Neither Party may assign, convey or transfer this Agreement, or any portion thereof, without the prior written consent of the other party, which consent shall not be unreasonably withheld, conditioned or delayed, except that Peterson may assign this Agreement or any portion thereof without the prior consent of Purchaser to a person or entity controlling, controlled by or affiliated with Peterson or its parent company.
28. No Waiver. A waiver of any term, right or condition of this Agreement by a party must be in writing to be effective and will in no way be construed as a waiver of any later breach of that provision. No express waiver of any term, right or condition of this Agreement shall operate as a waiver of any other term, right or condition.
29. Relationship of the Parties. No employment, agency, joint venture, or similar arrangement is created or intended between Customer and Peterson.
30. Construction. Words used herein, regardless of the number or gender specifically used, shall be deemed and construed to include any other number, singular or plural, and any other gender, masculine, feminine, or neuter, as the context requires.
The provisions of this Agreement and the documents and instruments referred to herein, have been examined by the parties and no implication shall be drawn nor made against any party hereto by virtue of drafting this Agreement. The term “including” used herein shall mean “including, but not limited to”. The subject headings of the sections and subsections of this Agreement are included for purposes of convenience only and shall not affect the construction or interpretation of any of the provisions herein. Each Party acknowledges that they have read this Agreement, have had an opportunity to review with an attorney of their respective choice, and have agreed to all of its terms, including these Terms. Each Party agrees that the rule of construction that a contract be construed against the drafter shall not be applied in interpreting this Agreement and that in the event of any ambiguity in any provisions of this Agreement, including any Exhibits or attachments or agreed upon Change Orders hereto and whether or not placed of record, such ambiguity shall not be construed for or against any Party hereto on the basis of such Party did or did not author the same.
31. No Third Party Beneficiaries. Unless otherwise expressly provided, no provisions of this Agreement are intended or will be construed to confer upo n or give to any person or entity other than Customer and Peterson any rights, remedies or other benefits under or by reason of this Agreement.
32. Attorneys’ Fees; Enforcement Costs and Expenses . If any claim or action is brought by either party hereunder ag ainst the other party regarding the subject matter hereof, the prevailing party shall be entitled to recover from the non -prevailing party, in addition to any other relief granted, reasonable attorneys’ fees and the expense of litigation.
33. Governing Law; Venue. (a) This Agreement and any attachments or documents related thereto shall be governed, construed and enforced in accordance with (i) the laws of the State of California, excluding conflict of law rules, for all sales made or accepted by Peterson at its offices within such state, (ii) with the laws of the State of Oregon, excluding conflict of law rules, for all sales made or accepted by Peterson at its office within such state, and (iii) with the laws of the State of Washingto n, excluding conflict of law rules, for all sales made or accepted by Peterson at its office within such state. For agreements made or accepted by Peterson in the State of California, each party hereby irrevocably submits to the personal and exclusive Packet Pg. 121
Attachment: 4-11-22 Stillwater WWTP Quote (available online) (4.11(a)--Pricing Adjustment- Wastewater Generators) Since 1936
2828 Teagarden Street P.O. Box 5258, San Leandro, CA 94577 Telephone (510) 895-8400 Fax (510) 352-2064 petersonpower.com
8 jurisdiction of the state courts of Alameda County, California and the United States District Court for the Northern District of California, for the purposes of any action, proceeding, suit or claim arising out of this Agreement. For agreements made or accepted by Peterson in the St ate of Oregon, each party hereby irrevocably submits to the personal and exclusive jurisdiction of the state courts of Multnomah County, Oregon and the United States District Court for the District of Portland in Portland, Oregon. For agreements made or accepted by Company in the State of Washington, each party hereby irrevocably submits to the personal and exclusive jurisdiction of the state courts of Cowlitz County, Oregon and the United States District Court for the Western District of Washington in Seattle, Washington. (b) Each party irrevocably and unconditionally waives any objection to the laying of venue as described herein.
34. Survival. Notwithstanding anything contained herein to the contrary, Sections 7, 17(c), 19, 20, 21, 22, 30, 32, 33, and 34 will survive any termination or expiration of this Agreement.
Packet Pg. 122
Attachment: 4-11-22 Stillwater WWTP Quote (available online) (4.11(a)--Pricing Adjustment- Wastewater Generators)
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Authorize the purchase of two Caterpillar 1000 kilowatt generators using Sourcewell contract pricing with Peterson Power Systems in the total approximate amount of $578,302.40 to replace existing emergency standby generators at the Clear Creek Wastewater Treatment Plant and the Stillwater Wastewater Treatment Plant.
Fiscal Impact
The Sourcewell quote for the two generators is $578,302.40 (base price for each is $271,508).
Funds are available in the Wastewater Utility budget.
Alternative Action
The City Council may choose not to authorize the purchase. By doing so, t he existing generators will remain in use beyond expected service life.
Background/Analysis
The City of Redding (City) owns and operates two municipal wastewater treatmen t plants (WWTPs). The Clear Creek plant (CCWWTP) generally serves West Redding with a tributary area population of approximately 74,000 people. The Stillwater plant (SWWTP) generally serves East Redding with a tributary area population of approximately 24, 000 people. Both plants discharge directly to the Sacramento River.
Each of the wastewater treatment plants have emergency standby generators to serve the facilities in the event of power failure. These facilities are critical infrastructure and are imperative to keep operational at all times. The generator at the SWWTP was purchased and placed into service in 1991. The generator at the CCWWTP was purchased and placed into service in 1997 , and is showing metal shavings in the oil, which indicates excessive internal MEETING DATE: September 7, 2021
ITEM NO. 4.11(a)
FROM:
***APPROVED BY***
[email protected]
SUBJECT: 4.11(a)--Authorize Purchase of Two Replacement Generators for Wastewater Treatment Plants
Chuck Aukland, Public
Works Director
Packet Pg. 123
Attachment: 9-7-21 Staff Report (available online) (4.11(a)--Pricing Adjustment- Wastewater Generators) Report to Redding City Council August 30, 2021
Re: 4.11(a)--Authorize purchase of replacement generators for Wastewater Treatment PlantsPage 2
wear. These emergency generators are scheduled for replacement due to age and service condition.
These units are available under a Sourcewell competitively bid contract. Sourcewell develops national competitive solicitations that meet or exceed local standards, and offers its members the benefits derived from cooperative purchasing. Using the Sourcewell cooperative contract to purchase these generators saves significant staff time needed to prepare bid specifications and solicit individual quotations from vendors. The City also receives a significant price discount due to economies of scale realized through the volume of purchases on a multi -agency cooperative contract.
Peterson Power Systems is the local distributor of Caterpillar generators an d has provided quotations under Sourcewell competitive pricing for replacing both generators. Staff recommends executing a purchase order to initiate the purchase of the generators, as it is a long lead time item, with an expected delivery of 28 weeks afte r approved submittal. A separate generator installation solicitation will be advertised for construction bids in the spring of 2022.
Council Priority/City Manager Goals
• This agenda item is a routine operational item.
c: Ryan Bailey, Assistant Public Works Director
Attachments
Quote Clear Creek Wastewater Treatment Plant (available online) Quote Stillwater Wastewater Treatment Plant (available online) Packet Pg. 124
Attachment: 9-7-21 Staff Report (available online) (4.11(a)--Pricing Adjustment- Wastewater Generators)
Since 1936
2828 Teagarden Street P.O. Box 5258, San Leandro, CA 94577 Telephone (510) 895-8400 Fax (510) 352-2064 petersonpower.com
Date 8/16/2021
City of Redding
Josh Vandiver
20055 Viking Way
Redding, CA 96003
Reference: Clear Creek WWTP - 1000kW
Quote # 30932419 – Sourcewell #120617
Dear Josh:
Thank you for the opportunity to propose new Caterpillar power equipment from Peterson Power Systems. Selecting Caterpillar equipment assures you of durable, reliable and high quality products. Choosing Peterson assures you detailed customer service throughout the purchase, start up and ownership process.
I am pleased to quote as follows:
Item Qty Description Unit Price Ext. Price
1 1 1000kW Outdoor packaged standby generator set
277/480 volts, three phase, 60hz, 1800 rpm, including:
UL2200
EPA and BAAQMD Compliant for Stationary Emergency Use
EMCP 4.2B Control Panel
NFPA 110 Local Alarm Module
Circuit Breaker
1 x 1600A, 100% Rated Main Breaker, LSI w/shunt trip and aux contacts PMG Excitation
Jacket Water Heater
Anti-condensation alternator winding space heater, unit mounted DC Charging Alternator
AC Battery Charger
Starting Batteries w/ Rack
Vibration Isolators
5 Year Manufacturer’s Extended Warranty
Package Genset Test
Operation and Maintenance Manuals
Freight: FOB Jobsite
Off loading, crane, rigging and installation by others
Fuel provided by others
See
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2 1 Cat outdoor enclosure – Sound Attenuated, Weather Protected Sound Rated at 75dBA @23’
Fixed intake and exhaust louvers
FUEL TANK NOT INCLUDED
See
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3 1 Start Up, Testing and Commissioning Services
Perform during regular business hours
Standard start up includes: interconnect wiring verification 2 hour 1.0 PF Load Bank Test, w/ 50’ cable standard length Fuel not included
Training
One 4 hour onsite session w/owner personnel during regular business hours See
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Pricing Below
See
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4 1 Freight
FOB: Jobsite - Factory to Redding, CA
Off-Loading by Others
See
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BASE BID – Subtotal F.O.B. jobsite less sales tax See
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Pricing Below
Packet Pg. 125
Attachment: 9-7-21 Staff Report (available online) (4.11(a)--Pricing Adjustment- Wastewater Generators) Since 1936
2828 Teagarden Street P.O. Box 5258, San Leandro, CA 94577 Telephone (510) 895-8400 Fax (510) 352-2064 petersonpower.com
2 Sourcewell Pricing Breakdown:
Item Description List Discount (%) Discount ($) Sourcewell Price 1-2 C32-1000kW Diesel Genset $368,719.00 34% $125,364.46 $243,354.54 3 Startup, Load Test, Training $15,075.00 5% $753.75 $14,321.25 4 Freight $14,560.22 5% $728.01 $13,832.21
5 Subtotal $271,508.00
6 Estimated Taxable Amount* $243,354.54
7 Sales Tax 7.25%
8 Estimated Sales Tax $17,643.20
9 TOTAL $289,151.20
Notes (N), Deviations (D), Exceptions (E):
(N) Quoted to verbal specifications and 6/9/21 site visit Only. (N) Diesel Particulate Filter / Exhaust aftertreatment not included. (N) Pricing based on Q1-Q2, 2022 Delivery. Add 1% escalation per quarter for later delivery estimate. (N) Automatic Transfer Switches (ATS) are not included. (N) Fuel not included.
Dimensions: Estimated 276”L x 101”W x 112”H of generator and enclosure assembly
Weight: Estimated 25,000 lbs of assembled generator, enclosure and fuel tank (without fuel)
Equipment Availably: Estimated 24-28 weeks after submittal approval
Submittal Availability: Estimated 2-4 weeks
Freight: FOB Jobsite. Off loading, crane, rigging and installation by others
Credit: Order subject to approval. Ten percent (10%) down with order, twenty five percent (25%) due at submittal delivery and sixty five percent (65%) due at delivery of equipment. Payment due net 30 days from date of invoice.
Standard Exclusions (unless expressly provided for in writing in the quote):
• All off engine piping, hangers, flanges, gasket, bolts, insulation, other materials and labor to install. • Items noted are “shipped loose” for contractor installation including any required interconnecting piping or to customer connections.
• Permits: Any and all permit applications or costs including but not limited to local City, County, State and AQMD.
Peterson Power will provide information as requested for use with permit application but assumes no responsibility or obligation to apply for or obtain subject permits. Peterson Power has provided equipment that to the best of our knowledge complies with all local, state and federal requirements. • Testing: Any and all associated testing, inspection, equipment, and certifications requested or required to be performed by a third party including circuit breaker coordination, system commissioning or building load testing . Not limited to NETA testing, infrared scanning, harmonic content or other 3 party agency testing of switchgear, switchboards, protective relays, circuit breakers, arc flash studies and reactive load testing. • Additional items that may be required by local utility for interconnection and parallel operation. • Electrical, Mechanical, Civil, and Structural professionally engineering and design services. Peterson is not responsible for systems design or engineering and does not guarantee system performance standards. Peterson will provide documentation and assistance to others responsible for engineering, design and performance. • Engineering services other than supply of Peterson Power Systems standard drawings, equipment cut-sheets and controls per quoted scope of supply
• Startup and Commissioning service charges other than as noted in the quoted scope of supply. Additional field or shop labor including travel costs to/from the jobsite will be quoted and charged separately at time of requested services. • Balance of plant equipment, controls, and monitoring except as quoted.
Packet Pg. 126
Attachment: 9-7-21 Staff Report (available online) (4.11(a)--Pricing Adjustment- Wastewater Generators) Since 1936
2828 Teagarden Street P.O. Box 5258, San Leandro, CA 94577 Telephone (510) 895-8400 Fax (510) 352-2064 petersonpower.com
3 • All fuel system piping and equipment not limited to: supply, return, venting, vent extensions, flame arrestors, coolers, valves, pumps, filters, storage tank and senders external to the generator set package. All fuel for testing and initial fill and on site fuel tank pressure testing.
• Intake and exhaust louvers, air dampers, sheet metal ducting, flex adapters, sound baffles, all off engine piping, connectors, labor, and coolant for remote cooling systems. • All off engine wiring, field terminations of wiring, lugs and connectors. • Mounting bolts and anchors.
• Environmental Protection Agency (EPA), local air quality district or Authority Having Jurisdiction (AHJ), including acoustical.
• All protective relay settings, breaker settings, PLC programming and all other device programming. • Site specific labeling, exhaust back pressure, vibration analysis and airflow restriction. • Any bonds, payment, or performance bond or other type of bond. • Any application sales tax, permits, fees, licenses.
• All items listed above are excluded and will only be supplied by Peterson Power Systems if agreed upon, in writing, by sales representative for Peterson.
Quote Term, Scope: The Quote is valid for 30 days. The price is firm provided drawings are approve d and returned within 30 days after submission and ship date is not extended beyond published lead times. Any delays may result in escalation charges. A Sales Order for Equipment is accepted on hold for release basis. The Sales Order will not be released and scheduled for production until written approval to proceed is received. The Quote is limited to plans and specifications section set forth in the Quote. No other sections shall apply. Additional requirements for administrative items may require additional costs. The Quote does not include off unit wiring, off unit plumbing, offloading, rigging, installation, exhaust insulation or fuel, unless otherwise stated.
Thank you for considering Peterson Power Systems . Please contact me with any questions regardi ng this proposal.
I’m available to discuss design and planning concerns with you at any time.
Sincerely,
Jim Pereza
Sales Representative
Peterson Power Systems
Phone (510)-340-0756
Accepted By:
Signature Date
Printed Name
Company Name
Purchase Order #
Packet Pg. 127
Attachment: 9-7-21 Staff Report (available online) (4.11(a)--Pricing Adjustment- Wastewater Generators) Since 1936
2828 Teagarden Street P.O. Box 5258, San Leandro, CA 94577 Telephone (510) 895-8400 Fax (510) 352-2064 petersonpower.com
4 Standard Commercial Terms and Conditions For Sales Of Power Generation Equipment
1. Conditions. These Terms and Conditions (collectively, “Terms”) together with the Quote, Sales Order and/or Credit Application on the front side, are hereinafter referred to as this “Agreement” and shall constitute the entire agreement between the customer (“Customer” ) identified in this Agreement and Peterson Power Systems, Inc. (“Peterson”) and supersede any previous agreement or understanding (oral or written) between the parties with respect to the equipment (“Equipment”) identified in this Agreement.
2. Quote Term; Scope. The Quote is valid for 30 days. The price is firm provided drawings are approved and returned within 30 days after submission and ship date is not extended beyond published lead times. Any delays may result in escalation charges. A Sales Order for Equipment is accepted on hold for release basis. The Sales Order will not be released and scheduled for production until written approval to proceed is received. The Quote is limited to plans and specifications section set forth in the Quote. No other secti ons shall apply. Additional requirements for administrative items may require additional costs.
The Quote does not include off unit wiring, off unit plumbing, offloading, rigging, installation, exhaust insulation, fuel, o r permits unless otherwise stated.
3. Order and Delivery of Equipment . Any and all references to dates or delivery are for planning and scheduling purposes only. No guaranty is stated or implied, retention and or back charges are expressly excluded. All orders for equipment are subject to cre dit approval, which is subject to final acceptance by Company in its sole discretion. Peterson will exercise commercially reasonable efforts to meet any performance dates set forth in the Agreement, but Customer understands and agrees that any such dates a re estimates only and failure by Peterson to deliver any equipment by such date shall not be deemed a breach of the sales agreement. Company will have no liability for any loss associated with the delay in the delivery of equipment, additionally, Peterson will not be deemed in breach of its obligations under this Agreement or otherwise liable to Customer or any third party for any costs, charges, losses sustained or incurred by Customer or applicable third party for any delay in the delivery or equipment arising out of, caused by or in any way related or connected with any circumstances beyond Peterson’s control, including, but not limited to delays caused by acts or omissions to acts by Customer or its Agents (defined below), acts of God, acts of war or terrorism, fire or other casualty, storms or adverse weather, strikes, labor shortages or disturbances, shortages of materials, manufacturer delays, theft or vandalism, transport and handling accidents, or revisions to laws, regulations or governmental requirements. As used herein, the term “Agents” means principals, employees, contractors, subcontractors, consultants, agents, representatives and any persons within the direction or control of Customer or acting on behalf of or for the benefit of Customer.
4. Customer’s Obligations. Customer shall comply with Applicable Law (defined below) in connection with its use, handling, maintenance, storage and operation of the machinery and equipment and shall cause its Agents to comply with all such Applicable Law. As used herein “Applicable Law” means all applicable federal, state and local laws pertaining to its covenants and obligations under the Agreement and its performance of the same, together with these Terms and all rules, regulations, standards, procedures and protocols pertaining or related to the equipment and each and all of them, subject to the Agreement, as stated or endorsed by Company or the manufacturer of such applicable equipment Customer shall cooperate with Peterson in all matters relating to the sale and delivery by Peterson of the equipment The representations and warranties of Customer under this Agreement, including, but not limited to, the foregoing, shall survive any expiration or termination of this Agreement.
5. Cancellation; Charges . If Cust omer cancels all or a portion of this Agreement after its release to Peterson, written cancellation notice is required.
Cancellation Schedule
Calendar Days Cancellation Charge
From To Percent of Order
Order 15 ARO 5
16 ARO 30 ARO 10
31 ARO 60 ARO 20
61 ARO 91 before RTS 70
90 before RTS On/after RTS 90
ARO – After receipt of order, RTS – Ready to ship
6. Pricing. Unless expressly provided for in writing on a quote, pricing for future orders is subject to change without notice.
Unless otherwise stated pricing and risk of loss for purchased equipment is FOB Peterson's site. If purchased equipment is shipped FOB factory, pricing and risk of loss is the responsibility of the customer and any claims for shortages, damages, or delays must be made by Customer direct to the carrier
7. Taxes. Customer will promptly pay to Peterson any taxes that Peterson is required to collect with respect to the purchase of the equipment or any amounts payable by Customer under the Agreement, including, but not limited to, value added, personal property, sales, use, excise and similar taxes, duties and charges of any kind imposed by any federal, state or local governmental entity (collectively, "Taxes"). For any Taxes on which Customer claims exemption, Customer must provide Peterson with properly completed e xemption certificates and any documentation needed to validate the exemption. If Customer refuses or fails to provide an appropriate exemption certificate and supporting documentation, as determined by Peterson, Customer will remain liable for all such Tax es. Customer will indemnify, defend and hold harmless Peterson for Packet Pg. 128
Attachment: 9-7-21 Staff Report (available online) (4.11(a)--Pricing Adjustment- Wastewater Generators) Since 1936
2828 Teagarden Street P.O. Box 5258, San Leandro, CA 94577 Telephone (510) 895-8400 Fax (510) 352-2064 petersonpower.com
5 any and all claim, loss or liability related to Taxes for the equipment. To the extent any taxing authority audits Peterson and assess any taxes related to this purchase, the Customer shall provide proper documentation to support that such taxes have been paid, and will be responsible for any unpaid assessments, interest, penalties, withholdings, defense cost and/or reimbursement to Peterson of defense cost.
8. Freight. Freight costs indicate d in the Agreement/Quote are estimated and subject to change. Any delivery, shipping, installation or performance dates indicated in this Agreement/Quote are estimated and not guaranteed. Peterson shall use best efforts to meet estimated dates, but shall n ot be liable for any delay in delivery, shipping, installation or performance, however occasioned.
9. Title; Risk of Loss. Title and risk of loss for the Equipment shall pass to Customer with delivery made in accordance with the delivery terms set forth above.
10. Inspection and Acceptance. Customer shall inspect the Equipment upon delivery, before offloading, for damage, defects and shortage. Any and all claims which could have been discovered by such inspection shall be deemed absolutely and unconditionally waived unless noted by Customer on the bill of lading. Where Equipment is alleged to be non-conforming or defective, written notice of defect must be given to Peterson within five (5) days from date of delivery after which time Equipment shall be deemed accepted. Peterson shall have a commercially reasonable period of time in which to correct such non-conformity or defect. If non-conformity or defect is not eliminated to Customer’s satisfaction. Customer may reject the Equipment (but shall protect the Equipment until returned to Peterson) or allow Peterson another opportunity to undertake corrective action. In the event startup of the Equipment is included in the services, acceptance shall be deemed to have occurred upon successful startup.
11. Payment Terms; Credit; Retainage. For Customers with an open credit account with Peterson, payments terms are 10% with order, 25% due at submittal approval, and 65% at delivery of material unless otherwise stated in the proposal. Payment due Net 30 from the date of invoice. For Customers who do not have an open credit account with Peterson, progress payments with full payment in advance may be required. Peterson may, in its sole discretion, at any time: (a) revoke credit; (b) modif y terms and conditions of credit; (c) require payment in advance; and/or (d) withhold equipment until receipt of full payment then owing by Customer to Peterson, whether such outstanding obligation of Customer is for the equipment described on the reverse side or otherwise. If payment is not received when due, in an addition to any rights Peterson has under the law and charges that Peterson may levy against Customer under statute (including attorney fees and costs of collection), Peterson may charge customer eighteen percent (18%) interest annually, or the maximum amount allowed by law, on late payments.
Payment shall be due in advance if Customer does not have approved credit. Retainage is not acceptable nor binding, unless accepted and confirmed in writing by Peterson prior to shipment.
12. Invoice; Fees and Expenses. Failure to notify Peterson in writing of any dispute regarding an invoice within thirty (30) days of receipt thereof will be deemed a waiver by Customer of Customer’s right to dispute such invoice. Customer’s obligation to pay amounts in voiced is and will be absolute and unconditional and shall not be subject to any delay, reduction, set -off, defense or counter-claim.
13. Bonds. Cost for any required bid bond, payment and performance bond, or any other type of bond will be reimbursed to Peterson by Customer.
14. Permits, Fees, & Licenses. Cost for any permits, fees, and licenses are the responsibility of the customer and if paid for by Peterson, will be reimbursed to Peterson by Customer.
15. Temporary Storage of Equipment Purchase. Whereas Customer has purchased the equipment listed in this agreement from Peterson, and Customer has requested that Peterson provide storage for the equipment until such time as Peterson has the equipment delivered to their site, Customer will pay Peterson a monthly storage fee, and Exhibit A will be applicable and incorporated in these Terms.
16. Training; Startup Services; Installation. Startup services, load bank testing, commissioning, and owner training are not provided, unless otherwise stated in the quote. Site start up services require customer’s account be current and will be performed during regular Peterson business hours, Monday through Friday. Additional charges may be added for work requested to be done outside normal business hours, on weekends or holidays. One visit for startup is allowed unless specified otherwise in the quote. A minimum of two weeks prior notice is required to schedule site startup and subject to availability of startup technicians and prior commitments of equipment. A signed site check sheet confirming system readiness is required, including and not limited to; wire termination, fuel lines connected, fuel tank full, and exhaust system complete.
Peterson personnel may perform an installation audit prior to startup being completed to assure system readiness for startup.
Any issues identified by the installation audit may be corrected at the customer’s expense prior to startup. Portable load banks for site test (if offered in the Quote) are equipped with only 50 feet of cable. Additional lengths may be arranged at an extra cost. Installation of equipment is performed by others and not included unless otherwise stated in the quote.
17. Warranties.
(a) Equipment. For new equipment purchased by Customer from Peterson, Customer understands and acknowledges that (i) Peterson is not the manufacturer of the equipment or any parts thereof; (ii) Peterson does not and will not have any liability or responsibility to Customer or any third party with respect to any warranty for the Goods, except that Peterson will pass through to Customer the manufacturer’s warranty to the extent permitted by the terms of such warranty; and (iii) any claims Customer or its Agents may have with respect to the manufacturer’s warranty shall be made solely against the manufacturer. Notwithstanding anything contained to the contrary in this Agreement, including this Section 17(a), Peterson Packet Pg. 129
Attachment: 9-7-21 Staff Report (available online) (4.11(a)--Pricing Adjustment- Wastewater Generators) Since 1936
2828 Teagarden Street P.O. Box 5258, San Leandro, CA 94577 Telephone (510) 895-8400 Fax (510) 352-2064 petersonpower.com
6 makes no representation or warranty as to the equipment, its condition, purpose or use, or as to any manufacturer’s warranty for such Goods.
(b) Extended Protection or Coverage. Customer acknowledges that Customer may have the option of purchasing an equipment protection plan or extended services coverage (each, an “Extended Protectio n Plan”) and Customer agrees that if an Extended Protection Plan is available and purchased by Customer at the time of sale, the Extended Protection Plan will be subject to the terms, conditions and exclusions contained in such applicable Extended Protection Plan. (c) Disclaimer of Warranties. Except as may be expressly described in the Agreement and these terms, company makes no warranty of any nature, scope or kind whatsoever hereunder. Peterson disclaims any warranty, express or implied, including, but not limited to, any (i) warranty of merchantability; (ii) warranty of fitness for a particular purpose; (iii) warranty of title; or (iv) warranty against infringement of intellectual property rights of a third party, whether express or implied by law, course of dealing, course of performance, usage of trade or otherwise. Peterson is neither a manufacturer of the goods or any parts thereof nor an agent of a manufacturer of such goods. Although Peterson may administer warranties issued by a manufacturer, Custome r acknowledges and agrees that: (1) any express warranties by such manufacturer are not the responsibility of Peterson; (2) such manufacturer’s warranty may contain limitations; and (3) Customer may incur certain repair, transportation or other charges by Peterson which are not covered by such manufacturer’s warranty. Any warranty by Peterson shall be null and void and have no legal effect if Customer has failed to pay for the equipment at issue. Except for any express warranties contained hereunder, no ot her representation or warranty of any kind or nature will be binding on or obligate Peterson.
18. Limitation on Warranties . Peterson expressly disclaims all warranties, either express or implied, including any implied warranty of merchantability and warranty for fitness or a particular purpose, to the extent permitted by law. The warranties set forth herein are the sole warranties made by Peterson. Some states do not allow limitation on warranties, so these limitations may not apply to you. The limited warranty does not cover Equipment failures resulting from: (a) inappropriate use relative to application guidelines; (b) normal wear and tear; (c) improper and/or unauthorized installation; (d) negligence, accidents or misuse; (e) lack of maintenance or unauthorized repair; (f) noncompliance with any Peterson published guideline or policy; (g) use of improper or contaminated fuels, coolant or lubricants; (h) improper storage before and after commissioning; (i) owners delay in making Equipment available after notif ication of potential equipment problem; (j) replacement parts and accessories not authorized by Peterson; (k) owner or operator abuse or neglect such as: operation without adequate coolant or lubricants; over fueling; over speeding; lack of maintenance to lubricating, cooling or air intake systems; late servicing and maintenance; improper storage; starting, warm-up, run-in or shutdown practices, or (l) damage to parts, fixtures, housings, attachments and accessory items that are not part of the generating set.
19. Limitation of Liability.
(a) IN NO EVENT SHALL PETERSON, ANY PETERSON ENTITIES, AFFILIATES OR ITS PRINCIPALS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRATORS, REPRESENTATIVES, AGENTS OR SUCCESSORS OR ASSIGNS (collectively, “Company Party”) BE LIABLE TO CUSTOMER, ITS AGENTS OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST REVENUE, LOST
BUSINESS, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWEVER
ARISING WHETHER OR NOT THAT PARTY WAS AWARE OF THE POSSIBILITY OF THOSE DAMAGES AND DESPITE THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY STATED IN THIS AGREEMENT. (b) EXCEPT FOR DAMAGES FOR PERSONAL INJURY, INCLUDING DEATH AND PROPERTY DAMAGE RESULTING FROM
THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT IN CONNECTION WITH THE SALE OR DELIVERY BY PETERSON
OF THE GOODS, OF ANY EMPLOYEES, CONTRACTORS, REPRESENTATIVES OR AGENTS OF PETERSON OR ANY
COMPANY ENTITY OR THE PRINCIPALS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES
OR AGENTS OF COMPANY OR ANY COMPANY ENTITIES, IN NO EVENT WILL THE AGGREGATE LIABILITY OF PETERSON
OR ANY PETERSON PARTY ARISING OUT OF THIS CSA EXCEED THE LESSER OF THE AMOUNT CUSTOMER HAS ACTUALLY PAID TO COMPANY UNDER THIS AGREEMENT FOR THE PREVIOUS TWELVE (12) MONTHS IMMEDIATELY PRIOR TO THE SUBJECT CLAIM OR TEN MILLION DOLLARS $10,000,000. (c) THE PARTIES AGREE THAT THIS SECTION 19 REPRESENTS A REASONABLE ALLOCATION OF RISK. (d) THE PROVISIONS OF THIS SECTION 19 SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT.
20. Indemnification. Neither Peterson nor any Peterson Party will be responsible for any loss or injury resulting from the condition of the Goods sold, including, but not limited to, any defects in the equipment or from the subsequent use of the equipment. Customer expressly agrees as a condition of the purchase and sale of the equipment that Customer will indemnify, defend and hold harmless Peterson and any applicable Peterson Party from and against any and all claims that may hereafter at any time be asserted by any subsequent owner or user of t he items sold hereunder or asserted by any agent, contractor, employee, heirs, or successor or assigns of such owner or user or by any third party arising from the condition of the equipment, including but not limited to, any purported defect in the equipm ent or parts thereof, or by reason of the use of the equipment. Customer agrees to assume all responsibility in connection with the equipment upon delivery thereof to Customer or to a common carrier.
Customer shall indemnify and hold harmless Peterson and the Peterson Party from and against any and all losses, expenses, demands, and claims made against Peterson by Customer, its Agents, any subsequent owner or user of the equipment or any persons claiming under or through such persons because of injury or illness (including death), actual or alleged, whether caused by the sole negligence of Customer, its Agents, such subsequent owner or user or person claiming under or through such persons (the “Customer Parties”), the concurrent negligence of Peterson with Customer, or any Customer Parties arising from, resulting from, or Packet Pg. 130
Attachment: 9-7-21 Staff Report (available online) (4.11(a)--Pricing Adjustment- Wastewater Generators) Since 1936
2828 Teagarden Street P.O. Box 5258, San Leandro, CA 94577 Telephone (510) 895-8400 Fax (510) 352-2064 petersonpower.com
7 in any way connected with the operation, maintenance, possession, use, transportation, or disposition of the equipment. Customer agrees to defend any suit action or cause of action brought against Peterson or the Peterson Party based on any such alleged injury, illness, or damage and to pay all damages, costs and expenses including reasonable attorney’s fees in conn ection therewith or resulting therefrom.
21. Force Majeure. Peterson shall not be liable, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement to the extent such failure or delay is caused by or results from acts or circumstances beyond Peterson’s reasonable control including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, Bankruptcy, lock -outs, strikes or other labor disputes (whether or not relating to either Party’s workforce), restraints or delays affecting carriers, and inability or delay in obtaining supplies of adequate or suitable materials, telecommunication breakdown or power outage.
22. Privacy Statement. Customer consents to the collection, use, retention and disclosure of information by Peterson and/or a Peterson Party in accordance with Peterson's Privacy Statement, which is posted on Peterson’s website (as such statement may be revised from time to time), and agrees that such information may be accessed by Peterson or a Peterson Party and their partners and manufacturers with a legitimate business reason to access it, as well as third parties who may process such information on their behalf.
23. Entire Agreement. This Agreement and the exhibits and attachments hereto, represent and constitute the entire agreement between the parties, may only be amended in writing signed by both parties, and supersede all prior agreements and understandings with respect to the matters covered by this Agreement.
24. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the successors and permitted assigns of the Parties hereto.
25. Severability. If any provision of this Agreement is found unenforceable or invalid, the remainder of the Agreement will remain in full force and effect and it and any related provisions will be interpreted to best accomplish the unenforceable provision's essential purpose.
26. Counterparts. This Agreement may be executed in any number of counterparts, including facsimile, PDF and other electronic copy, each of which when taken together shall constitute one instrument. No counterpart shall be effective until each Party has executed at least one counterpart.
27. Assignment. Neither Party may assign, convey or transfer this Agreement, or any portion thereof, without the prior written consent of the other party, which consent shall not be unreasonably withheld, conditioned or delayed, except that Peterson may assign this Agreement or any portion thereof without the prior consent of Purchaser to a person or entity controlling, controlled by or affiliated with Peterson or its parent company.
28. No Waiver. A waiver of any term, right or condition of this Agreement by a party must be in writing to be effective and will in no way be construed as a waiver of any later breach of that provision. No express waiver of any term, right or condition of this Agreement shall operate as a waiver of any other term, right or condition.
29. Relationship of the Parties. No employment, agency, joint venture, or similar arrangement is created or intended between Customer and Peterson.
30. Construction. Words used herein, regardless of the number or gender specifically used, shall be deemed and construed to include any other number, singular or plural, and any other gender, masculine, feminine, or neuter, as the context requires.
The provisions of this Agreement and the documents and instruments referred to herein, have been examined by the parties and no implication shall be drawn nor made against any party hereto by virtue of drafting this Agreement. The term “including” used herein shall mean “including, but not limited to”. The subject headings of the sections and subsections of this Agreement are included for purposes of convenience only and shall not affect the construction or interpretation of any of the provisions herein. Each Party acknowledges that they have read this Agreement, have had an opportunity to review with an attorney of their respective choice, and have agreed to all of its terms, including these Terms. Each Party agrees that the rule of construction that a contract be construed against the drafter shall not be applied in interpreting this Agreement and that in the event of any ambiguity in any provisions of this Agreement, including any Exhibits or attachments or agreed upon Change Orders hereto and whether or not placed of record, such ambiguity shall not be construed for or against any Party hereto on the basis of such Party did or did not author the same.
31. No Third Party Beneficiaries. Unless otherwise expressly provided, no provisions of this Agreement are intended or will be construed to confer upon or give to any person or entity other than Customer and Peterson any rights, remedies or other benefits under or by reason of this Agreement.
32. Attorneys’ Fees; Enforcement Costs and Expenses . If any claim or action is brought by either party hereunder against the other party regarding the subject matter hereof, the prevailing party shall be entitled to recover from the non -prevailing party, in addition to any other relief granted, reasonable attorneys’ fees and the expense of litigation.
33. Governing Law; Venue. (a) This Agreement and any attachments or documents related thereto shall be governed, construed and enforced in accordance with (i) the laws of the State of California, excluding conflict of l aw rules, for all sales made or accepted by Peterson at its offices within such state, (ii) with the laws of the State of Oregon, excluding conflict of law rules, for all sales made or accepted by Peterson at its office within such state, and (iii) with th e laws of the State of Washington, excluding conflict of law rules, for all sales made or accepted by Peterson at its office within such state. For agreements made or accepted by Peterson in the State of California, each party hereby irrevocably submits t o the personal and exclusive Packet Pg. 131
Attachment: 9-7-21 Staff Report (available online) (4.11(a)--Pricing Adjustment- Wastewater Generators) Since 1936
2828 Teagarden Street P.O. Box 5258, San Leandro, CA 94577 Telephone (510) 895-8400 Fax (510) 352-2064 petersonpower.com
8 jurisdiction of the state courts of Alameda County, California and the United States District Court for the Northern District of California, for the purposes of any action, proceeding, suit or claim arising out of this Agreemen t. For agreements made or accepted by Peterson in the State of Oregon, each party hereby irrevocably submits to the personal and exclusive jurisdiction of the state courts of Multnomah County, Oregon and the United States District Court for the District of Portland in Portland, Oregon. For agreements made or accepted by Company in the State of Washington, each party hereby irrevocably submits to the personal and exclusive jurisdiction of the state courts of Cowlitz County, Oregon and the United States District Court for the Western District of Washington in Seattle, Washington. (b) Each party irrevocably and unconditionally waives any objection to the laying of venue as described herein.
34. Survival. Notwithstanding anything contained herein to the contrary, Sections 7, 17(c), 19, 20, 21, 22, 30, 32, 33, and 34 will survive any termination or expiration of this Agreement.
Packet Pg. 132
Attachment: 9-7-21 Staff Report (available online) (4.11(a)--Pricing Adjustment- Wastewater Generators)
Since 1936
2828 Teagarden Street P.O. Box 5258, San Leandro, CA 94577 Telephone (510) 895-8400 Fax (510) 352-2064 petersonpower.com
Date 8/16/2021
City of Redding
Josh Vandiver
20055 Viking Way
Redding, CA 96003
Reference: Stillwater WWTP - 1000kW
Quote # 30932436 – Sourcewell #120617
Dear Josh:
Thank you for the opportunity to propose new Caterpillar power equipment from Peterson Power Systems. Selecting Caterpillar equipment assures you of durable, reliable and high quality products. Choosing Peterson assures you detailed customer service throughout the purchase, start up and ownership process.
I am pleased to quote as follows:
Item Qty Description Unit Price Ext. Price
1 1 1000kW Outdoor packaged standby generator set
277/480 volts, three phase, 60hz, 1800 rpm, including:
UL2200
EPA and BAAQMD Compliant for Stationary Emergency Use
EMCP 4.2B Control Panel
NFPA 110 Local Alarm Module
Circuit Breaker
1 x 1600A, 100% Rated Main Breaker, LSI w/shunt trip and aux contacts PMG Excitation
Jacket Water Heater
Anti-condensation alternator winding space heater, unit mounted DC Charging Alternator
AC Battery Charger
Starting Batteries w/ Rack
Vibration Isolators
5 Year Manufacturer’s Extended Warranty
Package Genset Test
Operation and Maintenance Manuals
Freight: FOB Jobsite
Off loading, crane, rigging and installation by others
Fuel provided by others
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2 1 Cat outdoor enclosure – Sound Attenuated, Weather Protected Sound Rated at 75dBA @23’
Fixed intake and exhaust louvers
FUEL TANK NOT INCLUDED
See
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3 1 Start Up, Testing and Commissioning Services
Perform during regular business hours
Standard start up includes: interconnect wiring verification 2 hour 1.0 PF Load Bank Test, w/ 50’ cable standard length Fuel not included
Training
One 4 hour onsite session w/owner personnel during regular business hours See
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Pricing Below
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4 1 Freight
FOB: Jobsite - Factory to Redding, CA
Off-Loading by Others
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BASE BID – Subtotal F.O.B. jobsite less sales tax See
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Packet Pg. 133
Attachment: 9-7-21 Staff Report (available online) (4.11(a)--Pricing Adjustment- Wastewater Generators) Since 1936
2828 Teagarden Street P.O. Box 5258, San Leandro, CA 94577 Telephone (510) 895-8400 Fax (510) 352-2064 petersonpower.com
2 Sourcewell Pricing Breakdown:
Item Description List Discount (%) Discount ($) Sourcewell Price 1-2 C32-1000kW Diesel Genset $368,719.00 34% $125,364.46 $243,354.54 3 Startup, Load Test, Training $15,075.00 5% $753.75 $14,321.25 4 Freight $14,560.22 5% $728.01 $13,832.21
5 Subtotal $271,508.00
6 Estimated Taxable Amount* $243,354.54
7 Sales Tax 7.25%
8 Estimated Sales Tax $17,643.20
9 TOTAL $289,151.20
Notes (N), Deviations (D), Exceptions (E):
(N) Quoted to verbal specifications and 6/9/21 site visit Only. (N) Diesel Particulate Filter / Exhaust aftertreatment not included. (N) Pricing based on Q1-Q2, 2022 Delivery. Add 1% escalation per quarter for later delivery estimate. (N) Automatic Transfer Switches (ATS) are not included. (N) Fuel not included.
Dimensions: Estimated 276”L x 101”W x 112”H of generator and enclosure assembly
Weight: Estimated 25,000 lbs of assembled generator, enclosure and fuel tank (without fuel)
Equipment Availably: Estimated 24-28 weeks after submittal approval
Submittal Availability: Estimated 2-4 weeks
Freight: FOB Jobsite. Off loading, crane, rigging and installation by others
Credit: Order subject to approval. Ten percent (10%) down with order, twenty five percent (25%) due at submittal delivery and sixty five percent (65%) due at delivery of equipment. Payment due net 30 days from date of invoice.
Standard Exclusions (unless expressly provided for in writing in the quote):
• All off engine piping, hangers, flanges, gasket, bolts, insulation, other materials and labor to install. • Items noted are “shipped loose” for contractor installation including any required interconnecting piping or to customer connections.
• Permits: Any and all permit applications or costs including but not limited to local City, County, State and AQMD.
Peterson Power will provide information as requested for use with permit application but assumes no responsibility or obligation to apply for or obtain subject permits. Peterson Power has provided equipment that to the best of our knowledge complies with all local, state and federal requirements. • Testing: Any and all associated testing, inspection, equipment, and certifications requested or required to be performed by a third party including circuit breaker coordination, system commissioning or building load testing . Not limited to NETA testing, infrared scanning, harmonic content or other 3 party agency testing of switchgear, switchboards, protective relays, circuit breakers, arc flash studies and reactive load testing. • Additional items that may be required by local utility for interconnection and parallel operation. • Electrical, Mechanical, Civil, and Structural professionally engineering and design services. Peterson is not responsible for systems design or engineering and does not guarantee system performance standards. Peterson will provide documentation and assistance to others responsible for engineering, design and performance. • Engineering services other than supply of Peterson Power Systems standard drawings, equipment cut-sheets and controls per quoted scope of supply
• Startup and Commissioning service charges other than as noted in the quoted scope of supply. Additional field or shop labor including travel costs to/from the jobsite will be quoted and charged separately at time of requested services. • Balance of plant equipment, controls, and monitoring except as quoted.
Packet Pg. 134
Attachment: 9-7-21 Staff Report (available online) (4.11(a)--Pricing Adjustment- Wastewater Generators) Since 1936
2828 Teagarden Street P.O. Box 5258, San Leandro, CA 94577 Telephone (510) 895-8400 Fax (510) 352-2064 petersonpower.com
3 • All fuel system piping and equipment not limited to: supply, return, venting, vent extensions, flame arrestors, coolers, valves, pumps, filters, storage tank and senders external to the generator set package. All fuel for testing and initial fill and on site fuel tank pressure testing.
• Intake and exhaust louvers, air dampers, sheet metal ducting, flex adapters, sound baffles, all off engine piping, connectors, labor, and coolant for remote cooling systems. • All off engine wiring, field terminations of wiring, lugs and connectors. • Mounting bolts and anchors.
• Environmental Protection Agency (EPA), local air quality district or Authority Having Jurisdiction (AHJ), including acoustical.
• All protective relay settings, breaker settings, PLC programming and all other device programming. • Site specific labeling, exhaust back pressure, vibration analysis and airflow restriction. • Any bonds, payment, or performance bond or other type of bond. • Any application sales tax, permits, fees, licenses.
• All items listed above are excluded and will only be supplied by Peterson Power Systems if agreed upon, in writing, by sales representative for Peterson.
Quote Term, Scope: The Quote is valid for 30 days. The price is firm provided drawings are approve d and returned within 30 days after submission and ship date is not extended beyond published lead times. Any delays may result in escalation charges. A Sales Order for Equipment is accepted on hold for release basis. The Sales Order will not be released and scheduled for production until written approval to proceed is received. The Quote is limited to plans and specifications section set forth in the Quote. No other sections shall apply. Additional requirements for administrative items may require additional costs. The Quote does not include off unit wiring, off unit plumbing, offloading, rigging, installation, exhaust insulation or fuel, unless otherwise stated.
Thank you for considering Peterson Power Systems . Please contact me with any questions regardi ng this proposal.
I’m available to discuss design and planning concerns with you at any time.
Sincerely,
Jim Pereza
Sales Representative
Peterson Power Systems
Phone (510)-340-0756
Accepted By:
Signature Date
Printed Name
Company Name
Purchase Order #
Packet Pg. 135
Attachment: 9-7-21 Staff Report (available online) (4.11(a)--Pricing Adjustment- Wastewater Generators) Since 1936
2828 Teagarden Street P.O. Box 5258, San Leandro, CA 94577 Telephone (510) 895-8400 Fax (510) 352-2064 petersonpower.com
4 Standard Commercial Terms and Conditions For Sales Of Power Generation Equipment
1. Conditions. These Terms and Conditions (collectively, “Terms”) together with the Quote, Sales Order and/or Credit Application on the front side, are hereinafter referred to as this “Agreement” and shall constitute the entire agreement between the customer (“Customer” ) identified in this Agreement and Peterson Power Systems, Inc. (“Peterson”) and supersede any previous agreement or understanding (oral or written) between the parties with respect to the equipment (“Equipment”) identified in this Agreement.
2. Quote Term; Scope. The Quote is valid for 30 days. The price is firm provided drawings are approved and returned within 30 days after submission and ship date is not extended beyond published lead times. Any delays may result in escalation charges. A Sales Order for Equipment is accepted on hold for release basis. The Sales Order will not be released and scheduled for production until written approval to proceed is received. The Quote is limited to plans and specifications section set forth in the Quote. No other secti ons shall apply. Additional requirements for administrative items may require additional costs.
The Quote does not include off unit wiring, off unit plumbing, offloading, rigging, installation, exhaust insulation, fuel, o r permits unless otherwise stated.
3. Order and Delivery of Equipment . Any and all references to dates or delivery are for planning and scheduling purposes only. No guaranty is stated or implied, retention and or back charges are expressly excluded. All orders for equipment are subject to cre dit approval, which is subject to final acceptance by Company in its sole discretion. Peterson will exercise commercially reasonable efforts to meet any performance dates set forth in the Agreement, but Customer understands and agrees that any such dates a re estimates only and failure by Peterson to deliver any equipment by such date shall not be deemed a breach of the sales agreement. Company will have no liability for any loss associated with the delay in the delivery of equipment, additionally, Peterson will not be deemed in breach of its obligations under this Agreement or otherwise liable to Customer or any third party for any costs, charges, losses sustained or incurred by Customer or applicable third party for any delay in the delivery or equipment arising out of, caused by or in any way related or connected with any circumstances beyond Peterson’s control, including, but not limited to delays caused by acts or omissions to acts by Customer or its Agents (defined below), acts of God, acts of war or terrorism, fire or other casualty, storms or adverse weather, strikes, labor shortages or disturbances, shortages of materials, manufacturer delays, theft or vandalism, transport and handling accidents, or revisions to laws, regulations or governmental requirements. As used herein, the term “Agents” means principals, employees, contractors, subcontractors, consultants, agents, representatives and any persons within the direction or control of Customer or acting on behalf of or for the benefit of Customer.
4. Customer’s Obligations. Customer shall comply with Applicable Law (defined below) in connection with its use, handling, maintenance, storage and operation of the machinery and equipment and shall cause its Agents to comply with all such Applicable Law. As used herein “Applicable Law” means all applicable federal, state and local laws pertaining to its covenants and obligations under the Agreement and its performance of the same, together with these Terms and all rules, regulations, standards, procedures and protocols pertaining or related to the equipment and each and all of them, subject to the Agreement, as stated or endorsed by Company or the manufacturer of such applicable equipment Customer shall cooperate with Peterson in all matters relating to the sale and delivery by Peterson of the equipment The representations and warranties of Customer under this Agreement, including, but not limited to, the foregoing, shall survive any expiration or termination of this Agreement.
5. Cancellation; Charges . If Cust omer cancels all or a portion of this Agreement after its release to Peterson, written cancellation notice is required.
Cancellation Schedule
Calendar Days Cancellation Charge
From To Percent of Order
Order 15 ARO 5
16 ARO 30 ARO 10
31 ARO 60 ARO 20
61 ARO 91 before RTS 70
90 before RTS On/after RTS 90
ARO – After receipt of order, RTS – Ready to ship
6. Pricing. Unless expressly provided for in writing on a quote, pricing for future orders is subject to change without notice.
Unless otherwise stated pricing and risk of loss for purchased equipment is FOB Peterson's site. If purchased equipment is shipped FOB factory, pricing and risk of loss is the responsibility of the customer and any claims for shortages, damages, or delays must be made by Customer direct to the carrier
7. Taxes. Customer will promptly pay to Peterson any taxes that Peterson is required to collect with respect to the purchase of the equipment or any amounts payable by Customer under the Agreement, including, but not limited to, value added, personal property, sales, use, excise and similar taxes, duties and charges of any kind imposed by any federal, state or local governmental entity (collectively, "Taxes"). For any Taxes on which Customer claims exemption, Customer must provide Peterson with properly completed e xemption certificates and any documentation needed to validate the exemption. If Customer refuses or fails to provide an appropriate exemption certificate and supporting documentation, as determined by Peterson, Customer will remain liable for all such Tax es. Customer will indemnify, defend and hold harmless Peterson for Packet Pg. 136
Attachment: 9-7-21 Staff Report (available online) (4.11(a)--Pricing Adjustment- Wastewater Generators) Since 1936
2828 Teagarden Street P.O. Box 5258, San Leandro, CA 94577 Telephone (510) 895-8400 Fax (510) 352-2064 petersonpower.com
5 any and all claim, loss or liability related to Taxes for the equipment. To the extent any taxing authority audits Peterson and assess any taxes related to this purchase, the Customer shall provide proper documentation to support that such taxes have been paid, and will be responsible for any unpaid assessments, interest, penalties, withholdings, defense cost and/or reimbursement to Peterson of defense cost.
8. Freight. Freight costs indicate d in the Agreement/Quote are estimated and subject to change. Any delivery, shipping, installation or performance dates indicated in this Agreement/Quote are estimated and not guaranteed. Peterson shall use best efforts to meet estimated dates, but shall n ot be liable for any delay in delivery, shipping, installation or performance, however occasioned.
9. Title; Risk of Loss. Title and risk of loss for the Equipment shall pass to Customer with delivery made in accordance with the delivery terms set forth above.
10. Inspection and Acceptance. Customer shall inspect the Equipment upon delivery, before offloading, for damage, defects and shortage. Any and all claims which could have been discovered by such inspection shall be deemed absolutely and unconditionally waived unless noted by Customer on the bill of lading. Where Equipment is alleged to be non-conforming or defective, written notice of defect must be given to Peterson within five (5) days from date of delivery after which time Equipment shall be deemed accepted. Peterson shall have a commercially reasonable period of time in which to correct such non-conformity or defect. If non-conformity or defect is not eliminated to Customer’s satisfaction. Customer may reject the Equipment (but shall protect the Equipment until returned to Peterson) or allow Peterson another opportunity to undertake corrective action. In the event startup of the Equipment is included in the services, acceptance shall be deemed to have occurred upon successful startup.
11. Payment Terms; Credit; Retainage. For Customers with an open credit account with Peterson, payments terms are 10% with order, 25% due at submittal approval, and 65% at delivery of material unless otherwise stated in the proposal. Payment due Net 30 from the date of invoice. For Customers who do not have an open credit account with Peterson, progress payments with full payment in advance may be required. Peterson may, in its sole discretion, at any time: (a) revoke credit; (b) modif y terms and conditions of credit; (c) require payment in advance; and/or (d) withhold equipment until receipt of full payment then owing by Customer to Peterson, whether such outstanding obligation of Customer is for the equipment described on the reverse side or otherwise. If payment is not received when due, in an addition to any rights Peterson has under the law and charges that Peterson may levy against Customer under statute (including attorney fees and costs of collection), Peterson may charge customer eighteen percent (18%) interest annually, or the maximum amount allowed by law, on late payments.
Payment shall be due in advance if Customer does not have approved credit. Retainage is not acceptable nor binding, unless accepted and confirmed in writing by Peterson prior to shipment.
12. Invoice; Fees and Expenses. Failure to notify Peterson in writing of any dispute regarding an invoice within thirty (30) days of receipt thereof will be deemed a waiver by Customer of Customer’s right to dispute such invoice. Customer’s obligation to pay amounts in voiced is and will be absolute and unconditional and shall not be subject to any delay, reduction, set -off, defense or counter-claim.
13. Bonds. Cost for any required bid bond, payment and performance bond, or any other type of bond will be reimbursed to Peterson by Customer.
14. Permits, Fees, & Licenses. Cost for any permits, fees, and licenses are the responsibility of the customer and if paid for by Peterson, will be reimbursed to Peterson by Customer.
15. Temporary Storage of Equipment Purchase. Whereas Customer has purchased the equipment listed in this agreement from Peterson, and Customer has requested that Peterson provide storage for the equipment until such time as Peterson has the equipment delivered to their site, Customer will pay Peterson a monthly storage fee, and Exhibit A will be applicable and incorporated in these Terms.
16. Training; Startup Services; Installation. Startup services, load bank testing, commissioning, and owner training are not provided, unless otherwise stated in the quote. Site start up services require customer’s account be current and will be performed during regular Peterson business hours, Monday through Friday. Additional charges may be added for work requested to be done outside normal business hours, on weekends or holidays. One visit for startup is allowed unless specified otherwise in the quote. A minimum of two weeks prior notice is required to schedule site startup and subject to availability of startup technicians and prior commitments of equipment. A signed site check sheet confirming system readiness is required, including and not limited to; wire termination, fuel lines connected, fuel tank full, and exhaust system complete.
Peterson personnel may perform an installation audit prior to startup being completed to assure system readiness for startup.
Any issues identified by the installation audit may be corrected at the customer’s expense prior to startup. Portable load banks for site test (if offered in the Quote) are equipped with only 50 feet of cable. Additional lengths may be arranged at an extra cost. Installation of equipment is performed by others and not included unless otherwise stated in the quote.
17. Warranties.
(a) Equipment. For new equipment purchased by Customer from Peterson, Customer understands and acknowledges that (i) Peterson is not the manufacturer of the equipment or any parts thereof; (ii) Peterson does not and will not have any liability or responsibility to Customer or any third party with respect to any warranty for the Goods, except that Peterson will pass through to Customer the manufacturer’s warranty to the extent permitted by the terms of such warranty; and (iii) any claims Customer or its Agents may have with respect to the manufacturer’s warranty shall be made solely against the manufacturer. Notwithstanding anything contained to the contrary in this Agreement, including this Section 17(a), Peterson Packet Pg. 137
Attachment: 9-7-21 Staff Report (available online) (4.11(a)--Pricing Adjustment- Wastewater Generators) Since 1936
2828 Teagarden Street P.O. Box 5258, San Leandro, CA 94577 Telephone (510) 895-8400 Fax (510) 352-2064 petersonpower.com
6 makes no representation or warranty as to the equipment, its condition, purpose or use, or as to any manufacturer’s warranty for such Goods.
(b) Extended Protection or Coverage. Customer acknowledges that Customer may have the option of purchasing an equipment protection plan or extended services coverage (each, an “Extended Protectio n Plan”) and Customer agrees that if an Extended Protection Plan is available and purchased by Customer at the time of sale, the Extended Protection Plan will be subject to the terms, conditions and exclusions contained in such applicable Extended Protection Plan. (c) Disclaimer of Warranties. Except as may be expressly described in the Agreement and these terms, company makes no warranty of any nature, scope or kind whatsoever hereunder. Peterson disclaims any warranty, express or implied, including, but not limited to, any (i) warranty of merchantability; (ii) warranty of fitness for a particular purpose; (iii) warranty of title; or (iv) warranty against infringement of intellectual property rights of a third party, whether express or implied by law, course of dealing, course of performance, usage of trade or otherwise. Peterson is neither a manufacturer of the goods or any parts thereof nor an agent of a manufacturer of such goods. Although Peterson may administer warranties issued by a manufacturer, Custome r acknowledges and agrees that: (1) any express warranties by such manufacturer are not the responsibility of Peterson; (2) such manufacturer’s warranty may contain limitations; and (3) Customer may incur certain repair, transportation or other charges by Peterson which are not covered by such manufacturer’s warranty. Any warranty by Peterson shall be null and void and have no legal effect if Customer has failed to pay for the equipment at issue. Except for any express warranties contained hereunder, no ot her representation or warranty of any kind or nature will be binding on or obligate Peterson.
18. Limitation on Warranties . Peterson expressly disclaims all warranties, either express or implied, including any implied warranty of merchantability and warranty for fitness or a particular purpose, to the extent permitted by law. The warranties set forth herein are the sole warranties made by Peterson. Some states do not allow limitation on warranties, so these limitations may not apply to you. The limited warranty does not cover Equipment failures resulting from: (a) inappropriate use relative to application guidelines; (b) normal wear and tear; (c) improper and/or unauthorized installation; (d) negligence, accidents or misuse; (e) lack of maintenance or unauthorized repair; (f) noncompliance with any Peterson published guideline or policy; (g) use of improper or contaminated fuels, coolant or lubricants; (h) improper storage before and after commissioning; (i) owners delay in making Equipment available after notif ication of potential equipment problem; (j) replacement parts and accessories not authorized by Peterson; (k) owner or operator abuse or neglect such as: operation without adequate coolant or lubricants; over fueling; over speeding; lack of maintenance to lubricating, cooling or air intake systems; late servicing and maintenance; improper storage; starting, warm-up, run-in or shutdown practices, or (l) damage to parts, fixtures, housings, attachments and accessory items that are not part of the generating set.
19. Limitation of Liability.
(a) IN NO EVENT SHALL PETERSON, ANY PETERSON ENTITIES, AFFILIATES OR ITS PRINCIPALS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRATORS, REPRESENTATIVES, AGENTS OR SUCCESSORS OR ASSIGNS (collectively, “Company Party”) BE LIABLE TO CUSTOMER, ITS AGENTS OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST REVENUE, LOST
BUSINESS, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWEVER
ARISING WHETHER OR NOT THAT PARTY WAS AWARE OF THE POSSIBILITY OF THOSE DAMAGES AND DESPITE THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY STATED IN THIS AGREEMENT. (b) EXCEPT FOR DAMAGES FOR PERSONAL INJURY, INCLUDING DEATH AND PROPERTY DAMAGE RESULTING FROM
THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT IN CONNECTION WITH THE SALE OR DELIVERY BY PETERSON
OF THE GOODS, OF ANY EMPLOYEES, CONTRACTORS, REPRESENTATIVES OR AGENTS OF PETERSON OR ANY
COMPANY ENTITY OR THE PRINCIPALS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES
OR AGENTS OF COMPANY OR ANY COMPANY ENTITIES, IN NO EVENT WILL THE AGGREGATE LIABILITY OF PETERSON
OR ANY PETERSON PARTY ARISING OUT OF THIS CSA EXCEED THE LESSER OF THE AMOUNT CUSTOMER HAS ACTUALLY PAID TO COMPANY UNDER THIS AGREEMENT FOR THE PREVIOUS TWELVE (12) MONTHS IMMEDIATELY PRIOR TO THE SUBJECT CLAIM OR TEN MILLION DOLLARS $10,000,000. (c) THE PARTIES AGREE THAT THIS SECTION 19 REPRESENTS A REASONABLE ALLOCATION OF RISK. (d) THE PROVISIONS OF THIS SECTION 19 SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT.
20. Indemnification. Neither Peterson nor any Peterson Party will be responsible for any loss or injury resulting from the condition of the Goods sold, including, but not limited to, any defects in the equipment or from the subsequent use of the equipment. Customer expressly agrees as a condition of the purchase and sale of the equipment that Customer will indemnify, defend and hold harmless Peterson and any applicable Peterson Party from and against any and all claims that may hereafter at any time be asserted by any subsequent owner or user of t he items sold hereunder or asserted by any agent, contractor, employee, heirs, or successor or assigns of such owner or user or by any third party arising from the condition of the equipment, including but not limited to, any purported defect in the equipm ent or parts thereof, or by reason of the use of the equipment. Customer agrees to assume all responsibility in connection with the equipment upon delivery thereof to Customer or to a common carrier.
Customer shall indemnify and hold harmless Peterson and the Peterson Party from and against any and all losses, expenses, demands, and claims made against Peterson by Customer, its Agents, any subsequent owner or user of the equipment or any persons claiming under or through such persons because of injury or illness (including death), actual or alleged, whether caused by the sole negligence of Customer, its Agents, such subsequent owner or user or person claiming under or through such persons (the “Customer Parties”), the concurrent negligence of Peterson with Customer, or any Customer Parties arising from, resulting from, or Packet Pg. 138
Attachment: 9-7-21 Staff Report (available online) (4.11(a)--Pricing Adjustment- Wastewater Generators) Since 1936
2828 Teagarden Street P.O. Box 5258, San Leandro, CA 94577 Telephone (510) 895-8400 Fax (510) 352-2064 petersonpower.com
7 in any way connected with the operation, maintenance, possession, use, transportation, or disposition of the equipment. Customer agrees to defend any suit action or cause of action brought against Peterson or the Peterson Party based on any such alleged injury, illness, or damage and to pay all damages, costs and expenses including reasonable attorney’s fees in conn ection therewith or resulting therefrom.
21. Force Majeure. Peterson shall not be liable, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement to the extent such failure or delay is caused by or results from acts or circumstances beyond Peterson’s reasonable control including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, Bankruptcy, lock -outs, strikes or other labor disputes (whether or not relating to either Party’s workforce), restraints or delays affecting carriers, and inability or delay in obtaining supplies of adequate or suitable materials, telecommunication breakdown or power outage.
22. Privacy Statement. Customer consents to the collection, use, retention and disclosure of information by Peterson and/or a Peterson Party in accordance with Peterson's Privacy Statement, which is posted on Peterson’s website (as such statement may be revised from time to time), and agrees that such information may be accessed by Peterson or a Peterson Party and their partners and manufacturers with a legitimate business reason to access it, as well as third parties who may process such information on their behalf.
23. Entire Agreement. This Agreement and the exhibits and attachments hereto, represent and constitute the entire agreement between the parties, may only be amended in writing signed by both parties, and supersede all prior agreements and understandings with respect to the matters covered by this Agreement.
24. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the successors and permitted assigns of the Parties hereto.
25. Severability. If any provision of this Agreement is found unenforceable or invalid, the remainder of the Agreement will remain in full force and effect and it and any related provisions will be interpreted to best accomplish the unenforceable provision's essential purpose.
26. Counterparts. This Agreement may be executed in any number of counterparts, including facsimile, PDF and other electronic copy, each of which when taken together shall constitute one instrument. No counterpart shall be effective until each Party has executed at least one counterpart.
27. Assignment. Neither Party may assign, convey or transfer this Agreement, or any portion thereof, without the prior written consent of the other party, which consent shall not be unreasonably withheld, conditioned or delayed, except that Peterson may assign this Agreement or any portion thereof without the prior consent of Purchaser to a person or entity controlling, controlled by or affiliated with Peterson or its parent company.
28. No Waiver. A waiver of any term, right or condition of this Agreement by a party must be in writing to be effective and will in no way be construed as a waiver of any later breach of that provision. No express waiver of any term, right or condition of this Agreement shall operate as a waiver of any other term, right or condition.
29. Relationship of the Parties. No employment, agency, joint venture, or similar arrangement is created or intended between Customer and Peterson.
30. Construction. Words used herein, regardless of the number or gender specifically used, shall be deemed and construed to include any other number, singular or plural, and any other gender, masculine, feminine, or neuter, as the context requires.
The provisions of this Agreement and the documents and instruments referred to herein, have been examined by the parties and no implication shall be drawn nor made against any party hereto by virtue of drafting this Agreement. The term “including” used herein shall mean “including, but not limited to”. The subject headings of the sections and subsections of this Agreement are included for purposes of convenience only and shall not affect the construction or interpretation of any of the provisions herein. Each Party acknowledges that they have read this Agreement, have had an opportunity to review with an attorney of their respective choice, and have agreed to all of its terms, including these Terms. Each Party agrees that the rule of construction that a contract be construed against the drafter shall not be applied in interpreting this Agreement and that in the event of any ambiguity in any provisions of this Agreement, including any Exhibits or attachments or agreed upon Change Orders hereto and whether or not placed of record, such ambiguity shall not be construed for or against any Party hereto on the basis of such Party did or did not author the same.
31. No Third Party Beneficiaries. Unless otherwise expressly provided, no provisions of this Agreement are intended or will be construed to confer upon or give to any person or entity other than Customer and Peterson any rights, remedies or other benefits under or by reason of this Agreement.
32. Attorneys’ Fees; Enforcement Costs and Expenses . If any claim or action is brought by either party hereunder against the other party regarding the subject matter hereof, the prevailing party shall be entitled to recover from the non -prevailing party, in addition to any other relief granted, reasonable attorneys’ fees and the expense of litigation.
33. Governing Law; Venue. (a) This Agreement and any attachments or documents related thereto shall be governed, construed and enforced in accordance with (i) the laws of the State of California, excluding conflict of l aw rules, for all sales made or accepted by Peterson at its offices within such state, (ii) with the laws of the State of Oregon, excluding conflict of law rules, for all sales made or accepted by Peterson at its office within such state, and (iii) with th e laws of the State of Washington, excluding conflict of law rules, for all sales made or accepted by Peterson at its office within such state. For agreements made or accepted by Peterson in the State of California, each party hereby irrevocably submits t o the personal and exclusive Packet Pg. 139
Attachment: 9-7-21 Staff Report (available online) (4.11(a)--Pricing Adjustment- Wastewater Generators) Since 1936
2828 Teagarden Street P.O. Box 5258, San Leandro, CA 94577 Telephone (510) 895-8400 Fax (510) 352-2064 petersonpower.com
8 jurisdiction of the state courts of Alameda County, California and the United States District Court for the Northern District of California, for the purposes of any action, proceeding, suit or claim arising out of this Agreemen t. For agreements made or accepted by Peterson in the State of Oregon, each party hereby irrevocably submits to the personal and exclusive jurisdiction of the state courts of Multnomah County, Oregon and the United States District Court for the District of Portland in Portland, Oregon. For agreements made or accepted by Company in the State of Washington, each party hereby irrevocably submits to the personal and exclusive jurisdiction of the state courts of Cowlitz County, Oregon and the United States District Court for the Western District of Washington in Seattle, Washington. (b) Each party irrevocably and unconditionally waives any objection to the laying of venue as described herein.
34. Survival. Notwithstanding anything contained herein to the contrary, Sections 7, 17(c), 19, 20, 21, 22, 30, 32, 33, and 34 will survive any termination or expiration of this Agreement.
Packet Pg. 140
Attachment: 9-7-21 Staff Report (available online) (4.11(a)--Pricing Adjustment- Wastewater Generators)
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Authorize the following actions relative to development of a Terminal Assessment Study for the Redding Municipal Airport (C-8976):
(1) Approve Authorization of Service No. 22 -06 with Mead & Hunt, Inc., for consulting services in the amount of $493,598 to develop the Terminal Assessment Study; and (2) Authorize the City Manager, or designee, to execute the agreement, and any amendments, or additional documentation needed to facilitate the development of the Terminal Assessment Study.
Fiscal Impact
The cost of the Terminal Assessment Study (previously referred to by staff as a Terminal Concept Study) is estimated to be $500,000, which includes the cost of the Mead & Hunt, Inc. , consulting services ($493,598), leaving the remaining $6,402 to account for staff time. The funds necessary for the project were approved as part of the mid-year budget update at the City Council (Council) Meeting on March 15, 2022.
Alternative Action
The Council may choose not to approve the Authorization of Services (AOS) with Mead & Hunt, Inc., and to cease the requested work at Redding Municipal Airport (RDD). Such action will jeopardize the planned project schedule; this will likely impact future Federal Aviation Administration ( FAA) funding opportunities in following fiscal years as well as delay all associated projects until an alternate direction is provided to address the surge in air service and capital project needs.
MEETING DATE: May 3, 2022
ITEM NO. 4.11(b)
FROM:
***APPROVED BY***
[email protected]
SUBJECT: 4.11(b)--Approve Authorization of Services for a Terminal Assessment Study at Redding Municipal Airport
Chuck Aukland, Public
Works Director
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Report to Redding City Council April 25, 2022
Re: 4.11(b)--Airport Terminal Assessment Study Page 2
Background/Analysis
On December 21, 2021, the Council approved a budget resolution and an AOS with Mead & Hunt, Inc. , for the development of an Airport Strategic Plan for RDD. The strategic plan is intended to focus on economic development, ne cessary facility improvements, and capital improvements.
As a capital component o f the strategic plan’s infrastructure goals, the airport needs a Terminal Assessment Study (TAS) to evaluate alternatives for a terminal expansion , either as a separate building or an attached structure . The recent growth in air service and the projected d emands show that the current terminal is quickly becoming a limiting factor for future service. The funds for the TAS were approved as part of the mid-year budget update at the Council meeting on March 15, 2022.
The following are major elements of the TAS that will ultimately derive the recommended plan:
• Assessment of the terminal building and an internal functional area analysis including the following in an effort to identify operational and physical deficiencies in the existing terminal: the check-in hall, airline operational spaces, airport administration spaces, baggage make -up areas, baggage claim, meet -and-greet areas, circulation, concessions, security checkpoint, passenger departure lounges, restroom locations/fixture counts, building systems, a nd wayfinding. Building systems and structural components will be evaluated for age and probable life spans based on historic averages. Potential site(s) of future terminal building (s) including grading, drainage, geotechnical analysis, utilities, utility relocations, roads, sidewalks, and parking areas to include a parking structure; • Assessment of the t erminal apron and site facilities including passenger boarding bridge, ground boarding, aircraft parking configurations analysis, building restriction line, Part 77 (obstruction) constraints, and movement and non-movement areas; • Review and summarize the history and trends of aviation activity at RDD; • Develop projections of aviation activity demand for the short-term, mid-term, and long - term (5-year, 10-year, and 20-years);
• Develop a terminal space program that will accommodate existing and future demand including recommended terminal area improvements to address the airport’s short-term and long-term needs; and
• Prepare cost, justification, and eligibility ana lysis of proposed terminal area improvements for purposes of FAA participation.
Mead & Hunt, Inc., is the City’s on-call aviation consulting firm and it will complete the attached scope as part of the TAS development process in approximately three months. The TAS will provide clear direction on investment of resources to ensure continued success and services for the Northern California community.
The Authorization of Service has been approved as to form by the City Attorney.
Council Priority/City Manager Goals
• Budget and Financial Management – “Achieve balanced and stable 10 -year Financial Plans for all funds.”
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Re: 4.11(b)--Airport Terminal Assessment Study Page 3
• Government of the 21st Century – “Be relevant and proactive to the opportunities and challenges of today’s residents and workforce. Anticipate t he future to make better decisions today.”
• Economic Development – “Facilitate and become a catalyst for economic development in Redding to create jobs, retain current businesses and attract new ones, and encourage investment in the community.”
Attachments
Scope of Services-Draft (available online)
Authorization of Service No. 22 -06 Mead and Hunt RDD Terminal Assessment Study (C -8976) (available online)
Consulting and Professional Services Agreement (C-8976) (available online) 12-21-21 Staff Report (available online)
3-15-22 Staff Report (available online)
Packet Pg. 143
MEAD & HUNT, Inc. 1 of 9 SCOPE OF SERVICES
ATTACHMENT A
SCOPE OF SERVICES - DRAFT
CITY OF REDDING
REDDING MUNICIPAL AIRPORT
REDDING, CALIFORNIA
COMMERCIAL AIRPORT TERMINAL
TERMINAL ASSESSMENT STUDY
APRIL 8, 2022
PROJECT UNDERSTANDING
The Redding Municipal Airport (the Airport or RDD) is currently operating with outdated and undersized infrastructure as well as experiencing passenger growth. To address the short -term and long-term terminal area development needs and to provide a program for practical implementation, the City of Redding (the City or Redding), has elected to undertake a Terminal Assessment Study (TAS).
The existing Terminal was constructed in the 1960s and was renovated in 2014 to add additional hold room space and restrooms. It is approximately 30,000 SF. An Airport Strategic plan is currently in progress at RDD and will be a reference document for the TAS.
Redding is evaluating alternatives for a terminal expansion either as a separate building or an attached structure.
For this TAS, three options will be evaluated (see figure 1). Option 1 will evaluate modifying the existing terminal and constructing a new adjacent terminal expansion to the south with a connection to the existing. Option 2 will evaluate building a terminal to the south for all the commercial air services combined with a reprogramming of the existing terminal facility. Option 3 will
evaluate building a terminal to the west
in the existing parking lot if needed,
based on passenger growth.
The TAS will also review and provide
solutions for terminal apron, site and
landscape development, phased road
relocations, and phased parking
solutions as part of these options.
The terminal area facilities that will be
analyzed include:
• Terminal building with internal
functional area analysis including check-in hall, airline operational spaces, airport administration spaces, Figure 1
Packet Pg. 144
Attachment: Scope of Services-Draft (available online) (4.11(b)--Airport Terminal Assessment Study)
MEAD & HUNT, Inc. 2 of 9 SCOPE OF SERVICES
baggage make-up, baggage claim, meet-and-greet areas, circulation, concessions, security checkpoint, passenger departures lounges, restroom locations/fixture counts, building systems, and wayfinding.
Building systems and structural components will be noted for their age and probable life spans based on historic averages. Engineering analysis on existing systems will take place. • Site of future terminal building including grading, drainage, geotechnical analysis, utilities, utility relocations, roads, sidewalks, and parking areas.
• Terminal apron including passenger boarding bridge, ground boarding, aircraft parking configurations analysis, building restriction line, Part 77 constraints, movement and non-movement areas.
Aviation Activity Forecast
• Review and summarize the history and trends of aviation activity at RDD • Develop projections of aviation activity demand for short-term, mid-term, and long-term (5-year, 10-year, and 20-years)
The TAS will address the following items:
• Develop a terminal space program that will accommodate existing and future demand • Identify operational and physical deficiencies in the existing terminal • Develop recommended terminal area improvements to address the Airport’s short-term and long-term needs
• Prepare cost, justification, and eligibility analysis of proposed terminal area improvements for purposes of Federal participation.
SCOPE ELEMENTS
This Scope of Services describes the individual study elements, project tasks, and effort levels to be undertaken as part of this TAS. The following sections provide a narrative description of each component of the plan :
1.0 Project Management
2.0 Base Line Data Collection
3.0 Aviation Forecasts: History, Trends, Projections
4.0 Terminal Programming
5.0 Sustainability Workshop
6.0 Concept Development for Option 1 and Option 2
7.0 Program and Concept Refinement for Preferred Alternative
8.0 Airport Improvement Program (AIP) Eligibility Study (for 5-year, 10-year, and 20-year)
9.0 Public Engagement
10.0 Terminal Assessment Study
In the following Scope of Services, Architect/Engineer designations are as follows: P P for Project Principal, PM for Project Manager, A for Architect, PL for Terminal Planner, CE for Civil, S for Structural, M for Mechanical/HVAC, P for Plumbing, E for Electrical, FP for Fire Protection, and T for Technology. Scope elements will be prepared in accordance with current Federal regulations and will be guided by Advisory Circulars (ACs), includi ng AC 150/5300- 13A, Airport Design, AC 150/5360-13A, Airport Terminal Planning. Scope elements will also be informed by the Packet Pg. 145
Attachment: Scope of Services-Draft (available online) (4.11(b)--Airport Terminal Assessment Study)
MEAD & HUNT, Inc. 3 of 9 SCOPE OF SERVICES
following Transportation Research Board (TRB) Additional Airport Cooperative Research Program Reports: ACRP Report No. 25. Volume 1 – Airport Passenger Terminal Planning and Design, Volume 1: Guidebook: ACRP Report 55:
Passenger Level of Service and Spatial Planning for Airport Terminals; ACRP Report 130: Guidebook for Terminal Restroom Planning and Design; ACRP Report 157: Improving the Airport Customer Experience; Recommended Security Guidelines for Airport Planning, Design, and Construction, IATA Airport Development Reference Manual; TSA Planning Guidelines and Design Standards (PGDS) for Checked Baggage Inspection Systems and Check point Design Guide.
SCOPE OF SERVICES
1. Project Management
Project Management will take place throughout the course of this project. The Consultant will communicate project status with the Sponsor, manage the team’s activities, manage the Consultant’s work, provide oversight and quality control, check documents and organize project information. Project management tasks include:
1.1. Project file setup
1.2. Develop and document the project workplan
1.3. Setup and monitor project cost accounting and invoicing
1.4. Internal correspondence/documentation/coordination
1.5. Task plan and updates
1.6. Design meetings—internal and external (includes two conference calls with FAA and RDD to review)
1.6.1. internal (biweekly team meetings)
1.6.2. external (includes three conference calls with FAA and MCE to review (assume 1 hour each for 4 design team + 2 hours prep
1.6.3. external (includes bi-weekly meetings between PM and up to 2 design team members and MCE to discuss progress)
1.7. Quality Control
1.8. Sponsor Communications
1.9. Project close-out
2. Base Line Data Collection
The data collection phase will include an initial kick-off meeting, data collection and review of existing terminal area plans and other application documentation, tenant interviews, and a site visit for building evaluation. The information gathered in this phase of the project will serve as the basis for existing information at RDD and will be referenced when developing concepts in a later task.
2.1. Initial kick-off meeting with RDD (on-site) to establish project vision, goals, and needs.
2.1.1. Develop Agenda and Presentation Material
2.1.2. Prepare and Distribute Minutes
2.2. Collect and review available data and information with Sponsor and identify outstanding requirements.
The Consultant will request the following documents from the Sponsor:
• Terminal record drawing plans
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MEAD & HUNT, Inc. 4 of 9 SCOPE OF SERVICES
• Utilities and topography
• Aviation activity records (past five years)
• Existing airport approach protection plans
• Airport Zoning Ordinances
• Existing 2018 Airport Layout Plan (ALP) and updates (electronic files) • Historic aircraft operation reports
• Transportation Security Administration (TSA) statistics at RDD such as passenger throughput per lane and number of bags inspected/screened per hour
2.3. 1 trip (up to 5 persons from Consultant team) for facility information gathering, stakeholder interviews, and building systems evaluation to evaluate the following existing building systems for expansion and modification:
• Building architecture
• Building systems
• Building code review
• Building user needs
3. Aviation Forecasts: History, Trends, Projections
This task builds upon approved commercial aviation demand forecasts (operations and enplanements) as part of the master plan effort. The forecast will be updated based on current enplanement levels and projected levels using the Compound Annual Grown Rates from the master plan. The peak hour demand needs to be updated to optimize terminal planning requirements. The update forecast, and current airline/aircraft patterns will be used to project peak hour demand over the planning period and be conveyed in 5 -year, 10- year, and 20-year periods; this will consider the effects of the COVID pandemic of 2020 -2021, and identify future growth based on interpolating data from 2019 enplanement levels and current trending activity. The forecast will be updated based on future projections of airline fleet mixes. The peak hour forecast will be documented and included in the report. The teleconferences with the airport or FAA are anticipated for coordination / verification of the forecast.
3.1. Complete a new forecast which would include the following subtasks:
3.1.1. Data collection from FAA and Sponsor
i. Current aircraft fleet mix
ii. Current passenger enplanements
iii. Current aircraft operations (commercial and charter)
3.1.2. Aviation Demand Projections for 5-year, 10-year, and 20-year periods iv. Aircraft fleet mix
v. Aircraft operations (commercial and charter)
vi. Passenger enplanements
vii. Calculate existing and future peak hour operations and passenger demand viii. Review peak hour forecast aircraft scenario
3.2. Up to 2 revisions of the forecast based on FAA and City comments.
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Attachment: Scope of Services-Draft (available online) (4.11(b)--Airport Terminal Assessment Study)
MEAD & HUNT, Inc. 5 of 9 SCOPE OF SERVICES
4. Terminal Programming
The terminal program will be used to establish needs, spatial requirements, square footages, and adjacencies.
As part of this Scope of Services, a terminal program will be prepared to address a phased approach to development and incorporating each phase into the Airport’s Capital Improvement Plan (ACIP)
4.1. Development of terminal space program for the following terminal function s for the existing, 5-year, 10- year, and 20-year period:
• Ticket counters, kiosks, and queuing areas in the ticketing area • Airline operational, office and storage space
• Security screening checkpoint, queuing space, Transportation Security Administration Off ices • Baggage screening
• Outbound/Inbound baggage make-up areas
• Baggage claim and baggage service offices
• Concessions: rental car, retail, food, and beverage
• Gate departure lounge
• Passenger Boarding Bridge
• Restrooms
• Public and non-public circulation
• Waiting and meeter/greeter areas
• Access control and badging
• Airport Administration
• Building Systems—structural, mechanical, electrical, plumbing, fire protection, emergency generator, and technology system requirements
A comprehensive discussion with the RDD team will serve to inform the development of airport parking for passengers, visitors, employees, and rental car needs. Parking requirements for 5-year, 10-year, and 20 - year forecasts will be extrapolated using 2019 passenger enplanement numbers to calculate ratios for each category of parking and applied to each period’s forecast enplanements.
4.2. Terminal Apron Functional Area Analysis to determine apron space for the following components:
• Passenger Boarding Bridge
• Aircraft parking
• Ground service equipment maneuverability
5. Concept Development for Options 1, 2, and 3
Conceptual plans will be developed and evaluated for options of expanding the existing terminal and options for the new terminal. This concept development will occur in two phases. The first phase will identify fundamental alternatives for the development of the terminal in terms of concept plan development based on programming identified in Task 4. The second phase (as described in Task 6 and 8 below) will refine the work of the first phased into a conceptual-level design of the preferred alternative, including a preliminary construction sequencing concept and FAA AIP eligibility analysis. Additionally, the consultant will evaluate Packet Pg. 148
Attachment: Scope of Services-Draft (available online) (4.11(b)--Airport Terminal Assessment Study)
MEAD & HUNT, Inc. 6 of 9 SCOPE OF SERVICES
existing baggage flow and screening operations and propose space requirements and baggage system configurations for the alternative concepts based on these observations. Initial concept development will include:
5.1. Develop up to two (2) plan alternatives for expansion/renovation of the existing terminal and terminal expansion
5.2. Develop up to two (2) plan alternatives for a combined commercial air services building and reprogramming of the existing terminal facility
5.3. Interim progress meeting (PP, PM, A, PL – virtually) to review work-in-progress
5.4. Preliminary rough order of magnitude (ROM) opinion of probable costs for each alternative
5.5. 1 meeting (PP, PM, A, PL, CE – on site) to review alternatives and identify a preferred concept
6. Program and Concept Refinement for Preferred Alternative
6.1. Refine preferred alternative space and equipment requirements based on RDD’s comments
6.2. Refine conceptual building narratives
6.3. Finalize conceptual building floor plan and exterior renderings
6.4. 1 meeting (PP, PM, A, PL - onsite) to present preferred alternative, including a meeting with pertinent city officials
7. Sustainable Design Workshop
7.1. Sustainability Visioning Workshop (one up to 2-hour virtual meeting). The workshop will develop sustainability guiding principles, the project vision and identify sustainability performance goals and metrics.
7.2. Owner’s Project Requirements (OPR) (one up to 2-hour virtual meeting). The OPR defines the Owner’s project goals, performance criteria, benchmarks, success criteria and supporting information for the project. It is developed with significant input from the Owner to identify facility’s requirements regarding energy efficiency measures, sustainability, environment, security and operation and maintenance of the building.
7.3. Up to two additional sustainability design team meetings.
7.4. Deliverables: Sustainability narrative (brief, 1-5 pages), scorecard (if pursuing LEED or other green building rating), Owner’s Project Requirements, and Workshop meeting minutes.
8. Airport Improvement Program (AIP) Eligibility Study
An AIP eligibility analysis will be performed in accordance with the most recent FAA AIP regulations. The analysis will identify the terminal space proration to determine what percentage of the terminal will be eligible for FAA AIP and PFC funding.
8.1. Quantify AIP eligible areas for the preferred concept under the most recent AIP Handbook guidelines
8.2. Perform eligibility percent analysis
9. Public Engagement
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MEAD & HUNT, Inc. 7 of 9 SCOPE OF SERVICES
Public Engagement will be performed via a public open house (city location to be determined) to be held after the TAS Draft Submittal. A team from Mead & Hunt will be on site during this open house to discuss the meeting with the Community of Redding.
9.1. Public Open House preparation and attendance
9.2. Historically disadvantaged community outreach
10. Terminal Assessment Study (TAS) Preparation
The Consultant shall prepare a TAS which will summarize the planning process and document findings of the tasks outlined in this Scope of Services. The TAS will include the following components:
10.1. Development of the narrative report, as well as draft report, will include the following sections:
• Executive Summary
• Introduction
• Data Collection / Inventory
• Existing Terminal Systems Evaluation
• Forecasts
• Facility Requirements & Recommendations
• Concept Development Plan for Option 1
• Concept Development Plan for Option 2
• Concept Development Plan for Option 3
• Preferred Concept Plan
• Project Sustainable Goals
• AIP Eligibility Study
• Appendices
10.2. Final conceptual building floor plan and exterior architectural renderings
10.3. Estimate of probable construction cost for preferred plan
10.4. Printing, assembling, and shipping
The TAS will be submitted to RDD in a draft format. RDD, City of Redding, and the FAA will have four (4) weeks to review and provide comments back to the Consultant. Once comments are received, the consultant will have two (2) weeks to address the comments and submit the final draft.
11. MEETINGS SUMMARY
Regular meetings and discussions will be held between the Consultant Team and Airport Management. It is envisioned that meetings will be held during the concept design via regular telephone/online discussions and in person, as described. T he purpose of the meetings will be to report on progress made on the design since the prior meeting, receive input, report on important phases or sub-phases that have been completed, identify problems encountered for resolution, evaluate, and select altern atives presented, and generally afford an opportunity to review the work and findings at various stages of completion.
The table below indicates a summary of the meetings and site visits that the consultant’s team members will Packet Pg. 150
Attachment: Scope of Services-Draft (available online) (4.11(b)--Airport Terminal Assessment Study)
MEAD & HUNT, Inc. 8 of 9 SCOPE OF SERVICES
attend. Attendee designation s are; “P P” Principal, “PM” Project Manager, “A” Architect, “ PL” Planner, “ID” Interior Designer, “CE” Civil Engineer, “SE” Structural Engineer, “M/P” Mechanical/Plumbing/Fire Protection Engineer, “S” Sustainability, “C” Commissioning, and “E/T” Electrical/Technology Enginee r professional.
Attendees noted in the tables below are those that are planned; actual attendees may vary based on issues to be addressed and ability to coordinate schedules of all parties.
# Milestone/
Meeting Task Attendees in-person* Attendees by phone or online
1 Kick-off Meeting 2.1 PP, PM, PL, A, M/P
2 Design Meetings Internal
(2) 1.6.1 -- All Team
3 FAA / RDD
Teleconference Monthly
Meeting (up to 6)
1.6.2 -- PP, PM, PL, A
4 Building Systems
Assessment Meeting 2.3 PP, PM, A, M/P, C --
5 Aviation Forecast
Meetings (3) 1, 3 -- PP, PM, PL
6 Interim Progress Meeting 5.4 -- PP, PM, PL, A
7 Design Meeting – Present
Alternate Concepts 1, 5.5 -- PP, PM, PL, A
8 Preferred Concept
Meeting 6.4 PP, PM, PL, A --
9 Sustainability Virtual
Design Workshops (2) and
up to (2) additional
Design Meetings
7 -- PM, A, S, M/P, E/T
10 Public Open House 9.1 PP, PM, PL, A --
11 Bi-Weekly Project Status
Calls (17) 1.6.3 -- PM, PP
* If in-person meetings are not possible due to health guidelines in place, or if deemed appropriate for the meeting content or attendees, virtual meetings will be conducted.
SCHEDULE
1.0 Project Management ongoing, for project duration
2.0 Base Line Data Collection 4 weeks
3.0 Aviation Demand: History, Trends, Projections 3 weeks
4.0 Terminal Programming 4 weeks
5.0 Concept Development
for Alternatives 1 and 2
10 weeks
6.0 Program and Concept Refinement
for Preferred Alternative
4 weeks
7.0 Sustainable Design Workshop 1 week
8.0 Airport Improvement Program (AIP) Eligibility
Study
1 week
10.1 Terminal Assessment Study Draft Submittal 2 weeks Packet Pg. 151
Attachment: Scope of Services-Draft (available online) (4.11(b)--Airport Terminal Assessment Study)
MEAD & HUNT, Inc. 9 of 9 SCOPE OF SERVICES
9.0 Public Engagement As part of the presentation
11.0 FAA/Sponsor Review 4 weeks
12.0 Terminal Assessment Study Final Submittal 2 weeks
WORK NOT INCLUDED
• Design Phase
• Construction Phase
• LEED, or Sustainable Design, energy modeling
• Detailed building code or zoning analysis (future design phase) • Design of building systems (future design phase)
• Drawings or specifications, except as specifically noted above • Site visits or meetings, except as specifically noted above • Locating underground utilities (by local utilities if necessary) • Geotechnical investigation, topographical site surveys (future design phase) • Air quality analysis
• Hazardous material analysis
• Environmental analysis
SPONSOR RESPONSIBILITIES
• Provide access to existing facilities
• Provide copies of available data on existing facilities • Provide copies of previous related investigations
• Provide contact information for local utilities and agencies • Provide copies of local ordinances and covenants pertinent to this project • Provide lists and data on equipment & vehicles required for accommodation • Provide venue for public meetings / workshops, and refreshments as needed
SUBCONSULTANTS
• Aero – Passenger Boarding Bridge (Marietta, Georgia)
• LogPlan – Baggage Handling System (Denver, Colorado)
• Cumming Group – Estimating Services (Sacramento, California)
END OF SCOPE OF SERVICES
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Attachment: Scope of Services-Draft (available online) (4.11(b)--Airport Terminal Assessment Study)
AUTHORIZATION OF SERVICE #22-06 (C-8976)
Redding Municipal Airport
Commercial Airport Terminal
Terminal Assessment Study
This Authorization of Service #22-06 is made at Redding, California, by and between the City of Redding (City), a Municipal Corporation, and Mead & Hunt, Inc. (Consultant), for RDD Commercial Airport Terminal Assessment Study.
RECITALS
WHEREAS, on July 23, 2021, the parties entered into that certain Consulting and Professional Services Contract (C-8976), and whereas, that Consulting and Professional Services Contract contemplated that the parties would, from time to time, enter into one or more specific Authorization of Service Agreements.
NOW THEREFORE, IT IS AGREED AS FOLLOWS:
1. Introduction. In entering into this Authorization of Service (AOS), the parties agree that each and every term of the Consulting and Professional Services contract dated July 23, 2021, is binding upon the parties hereto. If any term or covenant made in that agreement conflicts with a term or covenant of this AOS #22-06, the language of the original Consulting and Professional Services Agreement, as amended, shall prevail. If this Authorization is silent on an issue addressed in the original consulting agreement, then the terms and covenants contained in that original agreement shall control. This AOS #22-06 is hereby added as an addendum to the Consulting and Professional Services Agreement (C-8976) dated July 23, 2021.
2. Scope of Work. The Scope of Work for this Authorization of Service agreement is set forth in Exhibit A, attached hereto and incorporated herein by reference.
3. Fee for Services. Consultant shall be compensated for services to perform the scope of work outlined in Exhibit B , attached hereto and incorporated herein by reference, on a lump sum fee of Four Hundred Ninety -Three Thousand Five Hundred Ninety-Eight Dollars ($493,598). T hese fees may not be exceeded without the written authorization from the City and Federal Aviation Administration.
4. Consultant Responsibilities for Compensation. The Consultant shall prepare monthly invoices and progress reports which clearly indicate the progress to date and the amount of compensation.
5. City Responsibilities for Compensation. The City agrees to pay the Consultant's invoices net upon receipt. At no time will payment of requisitions exceed thirty (30) days from the date of the invoice without notification to the Consultant. It is expressly understood that the City has the right to withhold payment on any invoice if City feels that the Consultant has not performed Packet Pg. 153
Attachment: Authorization of Service No. 22-06 Mead and Hunt RDD Terminal Assessment Study (C-8976) (available online) (4.11(b)--Airport
the requisitioned work efforts in a satisfactory manner. If the City does decide to withhold payments to the Consultant for any reason, City must provide written notification and an explanation to the Consultant within ten (10) days of the date of the invoice.
6. Subcontracts. At the time subcontracted services are anticipated, the Consultant shall notify the City of the nature of such services and identify the proposed subcontracting firm.
The Consultant must receive approval in writing from the City prior to utilization of a subcontractor.
7. Date of Authorization of Service #22-06. The date of this Authorization of Service shall be the date it is signed by the City.
IN WITNESS WHEREOF, City and Consultant have executed this Contract on the days and year set forth below:
CITY OF REDDING,
A Municipal Corporation
Dated: , 2022
By: KRISTEN SCHREDER, Mayor
ATTEST: APPROVED AS TO FORM:
BARRY E. DeWALT
City Attorney
Pamela Mize, City Clerk By: Barry DeWalt, City Attorney
CONSULTANT
Mead & Hunt, Inc.
By: Jeffrey Leonard
Vice President, Aviation Services
Attachment:
Exhibit A (Scope of Work)
Exhibit B (Fees)
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Attachment: Authorization of Service No. 22-06 Mead and Hunt RDD Terminal Assessment Study (C-8976) (available online) (4.11(b)--Airport MEAD & HUNT, Inc. 1 of 9 SCOPE OF SERVICES
EXHIBIT A
SCOPE OF SERVICES
CITY OF REDDING
REDDING MUNICIPAL AIRPORT
REDDING, CALIFORNIA
COMMERCIAL AIRPORT TERMINAL
TERMINAL ASSESSMENT STUDY
APRIL 8, 2022
PROJECT UNDERSTANDING
The Redding Municipal Airport (the Airport or RDD) is currently operating with outdated and undersized infrastructure as well as experiencing passenger growth. To address the short -term and long-term terminal area development needs and to provide a program for practical implementation, the City of Redding (the City or Redding), has elected to undertake a Terminal Assessment Study (TAS).
The existing Terminal was constructed in the 1960s and was renovated in 2014 to add additional hold room space and restrooms. It is approximately 30,000 SF. An Airport Strategic plan is currently in progress at RDD and will be a reference document for the TAS.
Redding is evaluating alternatives for a terminal expansion either as a separate building or an attached structure.
For this TAS, three options will be evaluated (see figure 1). Option 1 will evaluate modifying the existing terminal and constructing a new adjacent terminal expansion to the south with a connection to the existing. Option 2 will evaluate building a terminal to the south for all the commercial air services combined with a reprogramming of the existing terminal facility. Option 3 will
evaluate building a terminal to the west
in the existing parking lot if needed,
based on passenger growth.
The TAS will also review and provide
solutions for terminal apron, site and
landscape development, phased road
relocations, and phased parking
solutions as part of these options.
The terminal area facilities that will be
analyzed include:
• Terminal building with internal
functional area analysis including check-in hall, airline operational spaces, airport administration spaces, Figure 1
Packet Pg. 155
Attachment: Authorization of Service No. 22-06 Mead and Hunt RDD Terminal Assessment Study (C-8976) (available online) (4.11(b)--Airport MEAD & HUNT, Inc. 2 of 9 SCOPE OF SERVICES
baggage make-up, baggage claim, meet-and-greet areas, circulation, concessions, security checkpoint, passenger departures lounges, restroom locations/fixture counts, building systems, and wayfinding.
Building systems and structural components will be noted for their age and probable life spans based on historic averages. Engineering analysis on existing systems will take place. • Site of future terminal building including grading, drainage, geotechnical analysis, utilities, utility relocations, roads, sidewalks, and parking areas.
• Terminal apron including passenger boarding bridge, ground boarding, aircraft parking configurations analysis, building restriction line, Part 77 constraints, movement and non-movement areas.
Aviation Activity Forecast
• Review and summarize the history and trends of aviation activity at RDD • Develop projections of aviation activity demand for short-term, mid-term, and long-term (5-year, 10-year, and 20-years)
The TAS will address the following items:
• Develop a terminal space program that will accommodate existing and future demand • Identify operational and physical deficiencies in the existing terminal • Develop recommended terminal area improvements to address the Airport’s short-term and long-term needs
• Prepare cost, justification, and eligibility analysis of proposed terminal area improvements for purposes of Federal participation.
SCOPE ELEMENTS
This Scope of Services describes the individual study elements, project tasks, and effort levels to be undertaken as part of this TAS. The following sections provide a narrative description of each component of the plan :
1.0 Project Management
2.0 Base Line Data Collection
3.0 Aviation Forecasts: History, Trends, Projections
4.0 Terminal Programming
5.0 Sustainability Workshop
6.0 Concept Development for Option 1 and Option 2
7.0 Program and Concept Refinement for Preferred Alternative
8.0 Airport Improvement Program (AIP) Eligibility Study (for 5-year, 10-year, and 20-year)
9.0 Public Engagement
10.0 Terminal Assessment Study
In the following Scope of Services, Architect/Engineer designations are as follows: P P for Project Principal, PM for Project Manager, A for Architect, PL for Terminal Planner, CE for Civil, S for Structural, M for Mechanical/HVAC, P for Plumbing, E for Electrical, FP for Fire Protection, and T for Technology. Scope elements will be prepared in accordance with current Federal regulations and will be guided by Advisory Circulars (ACs), includi ng AC 150/5300- 13A, Airport Design, AC 150/5360-13A, Airport Terminal Planning. Scope elements will also be informed by the Packet Pg. 156
Attachment: Authorization of Service No. 22-06 Mead and Hunt RDD Terminal Assessment Study (C-8976) (available online) (4.11(b)--Airport MEAD & HUNT, Inc. 3 of 9 SCOPE OF SERVICES
following Transportation Research Board (TRB) Additional Airport Cooperative Research Program Reports: ACRP Report No. 25. Volume 1 – Airport Passenger Terminal Planning and Design, Volume 1: Guidebook: ACRP Report 55:
Passenger Level of Service and Spatial Planning for Airport Terminals; ACRP Report 130: Guidebook for Terminal Restroom Planning and Design; ACRP Report 157: Improving the Airport Customer Experience; Recommended Security Guidelines for Airport Planning, Design, and Construction, IATA Airport Development Reference Manual; TSA Planning Guidelines and Design Standards (PGDS) for Checked Baggage Inspection Systems and Check point Design Guide.
SCOPE OF SERVICES
1. Project Management
Project Management will take place throughout the course of this project. The Consultant will communicate project status with the Sponsor, manage the team’s activities, manage the Consultant’s work, provide oversight and quality control, check documents and organize project information. Project management tasks include:
1.1. Project file setup
1.2. Develop and document the project workplan
1.3. Setup and monitor project cost accounting and invoicing
1.4. Internal correspondence/documentation/coordination
1.5. Task plan and updates
1.6. Design meetings—internal and external (includes two conference calls with FAA and RDD to review)
1.6.1. internal (biweekly team meetings)
1.6.2. external (includes three conference calls with FAA and MCE to review (assume 1 hour each for 4 design team + 2 hours prep
1.6.3. external (includes bi-weekly meetings between PM and up to 2 design team members and MCE to discuss progress)
1.7. Quality Control
1.8. Sponsor Communications
1.9. Project close-out
2. Base Line Data Collection
The data collection phase will include an initial kick-off meeting, data collection and review of existing terminal area plans and other application documentation, tenant interviews, and a site visit for building evaluation. The information gathered in this phase of the project will serve as the basis for existing information at RDD and will be referenced when developing concepts in a later task.
2.1. Initial kick-off meeting with RDD (on-site) to establish project vision, goals, and needs.
2.1.1. Develop Agenda and Presentation Material
2.1.2. Prepare and Distribute Minutes
2.2. Collect and review available data and information with Sponsor and identify outstanding requirements.
The Consultant will request the following documents from the Sponsor :
• Terminal record drawing plans
Packet Pg. 157
Attachment: Authorization of Service No. 22-06 Mead and Hunt RDD Terminal Assessment Study (C-8976) (available online) (4.11(b)--Airport MEAD & HUNT, Inc. 4 of 9 SCOPE OF SERVICES
• Utilities and topography
• Aviation activity records (past five years)
• Existing airport approach protection plans
• Airport Zoning Ordinances
• Existing 2018 Airport Layout Plan (ALP) and updates (electronic files) • Historic aircraft operation reports
• Transportation Security Administration (TSA) statistics at RDD such as passenger throughput per lane and number of bags inspected/screened per hour
2.3. 1 trip (up to 5 persons from Consultant team) for facility information gathering, stakeholder interviews, and building systems evaluation to evaluate the following existing building systems for expansion and modification:
• Building architecture
• Building systems
• Building code review
• Building user needs
3. Aviation Forecasts: History, Trends, Projections
This task builds upon approved commercial aviation demand forecasts (operations and enplanements) as part of the master plan effort. The forecast will be updated based on current enplanement levels and projected levels using the Compound Annual Grown Rates from the master plan. The peak hour demand needs to be updated to optimize terminal planning requirements. The update forecast, and current airline/aircraft patterns will be used to project peak hour demand over the planning period and be conveyed in 5 -year, 10- year, and 20-year periods; this will consider the effects of the COVID pandemic of 2020- 2021, and identify future growth based on interpolating data from 2019 enplanement levels and current trending activity. The forecast will be updated based on future projections of airline fleet mixes. The peak hour forecast will be documented and included in the report. The teleconferences with the airport or FAA are anticipated for coordination / verification of the forecast.
3.1. Complete a new forecast which would include the following subtasks:
3.1.1. Data collection from FAA and Sponsor
i. Current aircraft fleet mix
ii. Current passenger enplanements
iii. Current aircraft operations (commercial and charter)
3.1.2. Aviation Demand Projections for 5-year, 10-year, and 20-year periods iv. Aircraft fleet mix
v. Aircraft operations (commercial and charter)
vi. Passenger enplanements
vii. Calculate existing and future peak hour operations and passenger demand viii. Review peak hour forecast aircraft scenario
3.2. Up to 2 revisions of the forecast based on FAA and City comments.
Packet Pg. 158
Attachment: Authorization of Service No. 22-06 Mead and Hunt RDD Terminal Assessment Study (C-8976) (available online) (4.11(b)--Airport MEAD & HUNT, Inc. 5 of 9 SCOPE OF SERVICES
4. Terminal Programming
The terminal program will be used to establish needs, spatial requirements , square footages, and adjacencies.
As part of this Scope of Services, a terminal program will be prepared to address a phased approach to development and incorporating each phase into the Airport’s Capital Improvement Plan (ACIP)
4.1. Development of terminal space program for the following terminal function s for the existing, 5-year, 10- year, and 20-year period:
• Ticket counters, kiosks, and queuing areas in the ticketing area • Airline operational, office and storage space
• Security screening checkpoint, queuing space, Transportation Security Administration Off ices • Baggage screening
• Outbound/Inbound baggage make-up areas
• Baggage claim and baggage service offices
• Concessions: rental car, retail, food, and beverage
• Gate departure lounge
• Passenger Boarding Bridge
• Restrooms
• Public and non-public circulation
• Waiting and meeter/greeter areas
• Access control and badging
• Airport Administration
• Building Systems—structural, mechanical, electrical, plumbing, fire protection, emergency generator, and technology system requirements
A comprehensive discussion with the RDD team will serve to inform the development of airport parking for passengers, visitors, employees, and rental car needs. Parking requirements for 5 -year, 10-year, and 20 - year forecasts will be extrapolated using 2019 passenger enplanement numbers to calculate ratios for each category of parking and applied to each period’s forecast enplanements.
4.2. Terminal Apron Functional Area Analysis to determine apron space for the following components:
• Passenger Boarding Bridge
• Aircraft parking
• Ground service equipment maneuverability
5. Concept Development for Options 1, 2, and 3
Conceptual plans will be developed and evaluated for options of expanding the existing terminal and options for the new terminal. This concept development will occur in two phases. The first phase will identify fundamental alternatives for the development of the terminal in terms of concept plan development based on programming identified in Task 4. The second phase (as described in Task 6 and 8 below) will refine the work of the first phased into a conceptual-level design of the preferred alternative, including a preliminary construction sequencing concept and FAA AIP eligibility analysis. Additionally, the consultant will evaluate Packet Pg. 159
Attachment: Authorization of Service No. 22-06 Mead and Hunt RDD Terminal Assessment Study (C-8976) (available online) (4.11(b)--Airport MEAD & HUNT, Inc. 6 of 9 SCOPE OF SERVICES
existing baggage flow and screening operations and propose space requirements and baggage system configurations for the alternative concepts based on these observations. Initial concept development will include:
5.1. Develop up to two (2) plan alternatives for expansion/renovation of the existing terminal and terminal expansion
5.2. Develop up to two (2) plan alternatives for a combined commercial air services building and reprogramming of the existing terminal facility
5.3. Interim progress meeting (PP, PM, A, PL – virtually) to review work-in-progress
5.4. Preliminary rough order of magnitude (ROM) opinion of probable costs for each alternative
5.5. 1 meeting (PP, PM, A, PL, CE – on site) to review alternatives and identify a preferred concept
6. Program and Concept Refinement for Preferred Alternative
6.1. Refine preferred alternative space and equipment requirements based on RDD’s comments
6.2. Refine conceptual building narratives
6.3. Finalize conceptual building floor plan and exterior renderings
6.4. 1 meeting (PP, PM, A, PL - onsite) to present preferred alternative, including a meeting with pertinent city officials
7. Sustainable Design Workshop
7.1. Sustainability Visioning Workshop (one up to 2-hour virtual meeting). The workshop will develop sustainability guiding principles, the project vision and identify sustainability performance goals and metrics.
7.2. Owner’s Project Requirements (OPR) (one up to 2-hour virtual meeting). The OPR defines the Owner’s project goals, performance criteria, benchmarks, success criteria and supporting information for the project. It is developed with significant input from the Owner to identify facility’s requirements regarding energy efficiency measures, sustainability, environment, security and operation and maintenance of the building.
7.3. Up to two additional sustainability design team meetings.
7.4. Deliverables: Sustainability narrative (brief, 1-5 pages), scorecard (if pursuing LEED or other green building rating), Owner’s Project Requirements, and Workshop meeting minutes.
8. Airport Improvement Program (AIP) Eligibility Study
An AIP eligibility analysis will be performed in accordance with the most recent FAA AIP regulations. The analysis will identify the terminal space proration to determine what percentage of the terminal will be eligible for FAA AIP and PFC funding.
8.1. Quantify AIP eligible areas for the preferred concept under the most recent AIP Handbook guidelines
8.2. Perform eligibility percent analysis
9. Public Engagement
Packet Pg. 160
Attachment: Authorization of Service No. 22-06 Mead and Hunt RDD Terminal Assessment Study (C-8976) (available online) (4.11(b)--Airport MEAD & HUNT, Inc. 7 of 9 SCOPE OF SERVICES
Public Engagement will be performed via a public open house (city location to be determined) to be held after the TAS Draft Submittal. A team from Mead & Hunt will be on site during this open house to discuss the meeting with the Community of Redding.
9.1. Public Open House preparation and attendance
9.2. Historically disadvantaged community outreach
10. Terminal Assessment Study (TAS) Preparation
The Consultant shall prepare a TAS which will summarize the planning process and document findings of the tasks outlined in this Scope of Services. The TAS will include the following components:
10.1. Development of the narrative report, as well as draft report, will include the following sections:
• Executive Summary
• Introduction
• Data Collection / Inventory
• Existing Terminal Systems Evaluation
• Forecasts
• Facility Requirements & Recommendations
• Concept Development Plan for Option 1
• Concept Development Plan for Option 2
• Concept Development Plan for Option 3
• Preferred Concept Plan
• Project Sustainable Goals
• AIP Eligibility Study
• Appendices
10.2. Final conceptual building floor plan and exterior architectural renderings
10.3. Estimate of probable construction cost for preferred plan
10.4. Printing, assembling, and shipping
The TAS will be submitted to RDD in a draft format. RDD, City of Redding, and the FAA will have four (4) weeks to review and provide comments back to the Consultant. Once comments are received, the consultant will have two (2) weeks to address the comments and submit the final draft.
11. MEETINGS SUMMARY
Regular meetings and discussions will be held between the Consultant Team and Airport Management. It is envisioned that meetings will be held during the concept design via regular telephone/online discussions and in person, as described. T he purpose of the meetings will be to report on progress made on the design since the prior meeting, receive input, report on important phases or sub-phases that have been completed, identify problems encountered for resolution, evaluate, and select altern atives presented, and generally afford an opportunity to review the work and findings at various stages of completion.
The table below indicates a summary of the meetings and site visits that the consultant’s team members will Packet Pg. 161
Attachment: Authorization of Service No. 22-06 Mead and Hunt RDD Terminal Assessment Study (C-8976) (available online) (4.11(b)--Airport MEAD & HUNT, Inc. 8 of 9 SCOPE OF SERVICES
attend. Attendee designation s are; “P P” Principal, “PM” Project Manager, “A” Architect, “ PL” Planner, “ID” Interior Designer, “CE” Civil Engineer, “SE” Structural Engineer, “M/P” Mechanical/Plumbing/Fire Protection Engineer, “S” Sustainability, “C” Commissioning, and “E/T” Electrical/Technology Enginee r professional.
Attendees noted in the tables below are those that are planned; actual attendees may vary based on issues to be addressed and ability to coordinate schedules of all parties.
# Milestone/
Meeting Task Attendees in-person* Attendees by phone or online
1 Kick-off Meeting 2.1 PP, PM, PL, A, M/P
2 Design Meetings Internal
(2) 1.6.1 -- All Team
3 FAA / RDD
Teleconference Monthly
Meeting (up to 6)
1.6.2 -- PP, PM, PL, A
4 Building Systems
Assessment Meeting 2.3 PP, PM, A, M/P, C --
5 Aviation Forecast
Meetings (3) 1, 3 -- PP, PM, PL
6 Interim Progress Meeting 5.4 -- PP, PM, PL, A
7 Design Meeting – Present
Alternate Concepts 1, 5.5 -- PP, PM, PL, A
8 Preferred Concept
Meeting 6.4 PP, PM, PL, A --
9 Sustainability Virtual
Design Workshops (2) and
up to (2) additional
Design Meetings
7 -- PM, A, S, M/P, E/T
10 Public Open House 9.1 PP, PM, PL, A --
11 Bi-Weekly Project Status
Calls (17) 1.6.3 -- PM, PP
* If in-person meetings are not possible due to health guidelines in place, or if deemed appropriate for the meeting content or attendees, virtual meetings will be conducted.
SCHEDULE
1.0 Project Management ongoing, for project duration
2.0 Base Line Data Collection 4 weeks
3.0 Aviation Demand: History, Trends, Projections 3 weeks
4.0 Terminal Programming 4 weeks
5.0 Concept Development
for Alternatives 1 and 2
10 weeks
6.0 Program and Concept Refinement
for Preferred Alternative
4 weeks
7.0 Sustainable Design Workshop 1 week
8.0 Airport Improvement Program (AIP) Eligibility
Study
1 week
10.1 Terminal Assessment Study Draft Submittal 2 weeks Packet Pg. 162
Attachment: Authorization of Service No. 22-06 Mead and Hunt RDD Terminal Assessment Study (C-8976) (available online) (4.11(b)--Airport MEAD & HUNT, Inc. 9 of 9 SCOPE OF SERVICES
9.0 Public Engagement As part of the presentation
11.0 FAA/Sponsor Review 4 weeks
12.0 Terminal Assessment Study Final Submittal 2 weeks
WORK NOT INCLUDED
• Design Phase
• Construction Phase
• LEED, or Sustainable Design, energy modeling
• Detailed building code or zoning analysis (future design phase) • Design of building systems (future design phase)
• Drawings or specifications, except as specifically noted above • Site visits or meetings, except as specifically noted above • Locating underground utilities (by local utilities if necessary) • Geotechnical investigation, topographical site surveys (future design phase) • Air quality analysis
• Hazardous material analysis
• Environmental analysis
SPONSOR RESPONSIBILITIES
• Provide access to existing facilities
• Provide copies of available data on existing facilities • Provide copies of previous related investigations
• Provide contact information for local utilities and agencies • Provide copies of local ordinances and covenants pertinent to this project • Provide lists and data on equipment & vehicles required for accommodation • Provide venue for public meetings / workshops, and refreshments as needed
SUBCONSULTANTS
• Aero – Passenger Boarding Bridge (Marietta, Georgia)
• LogPlan – Baggage Handling System (Denver, Colorado)
• Cumming Group – Estimating Services (Sacramento, California)
END OF SCOPE OF SERVICES
Packet Pg. 163
Attachment: Authorization of Service No. 22-06 Mead and Hunt RDD Terminal Assessment Study (C-8976) (available online) (4.11(b)--Airport MEAD HUNT, Inc.
X:\DOCLIB\Contracts-Agreements\AIRPORTS CONTRACTS\Mead and Hunt - AOS 22-06 - RDD Commercial Airport Terminal - Terminal Assessment Study Exhibit B.xls 1 of 2
TASKS AND FEE
DIK CBR
ARCHITECTURAL, CIVIL, PLANNER, STRUCTURAL, SUSTAINABILITY, MECHANICAL, ELECTRICAL, TECHNOLOGY DATE: 4/8/2022
BY: Mead and Hunt
REDDING MUNICIPAL AIRPORT, REDDING, CALIFORNIA Fee Type: LUMP SUM Project #:
TERMINAL ASSESSMENT STUDY
SUMMARY BY CLASSIFICATION PROJECT PROJECT PROJECT PROJECT CIVIL/MUNI STRUCTURAL PLUMBING MECHANICAL ELECTRICAL FIRE SUSTAINABILITY TECHNOLOGY CADD ADMIN Phase HOURS LABOR PRINCIPAL MANAGER ARCHITECT PLANNER DESIGNER ENGINEER ENGINEER ENGINEER ENGINEER ENGINEER PROTECTION ASSIST Miles Airfare Meals Rooms Car rental PstgPhn SubConsu Fees Reprod Total BILLING RATE: 337 337 221 221 163 163 163 163 163 163 210 221 210 136 115 0.59 500 20 150 200 1 1 1 1 Expenses PP PM A PL ID CE SE P M E FP S T CA aa
1. Project Management
1.1. Project file setup 4 4
1.2. Develop and document the project workplan, scope, fee, schedule 10 6
1.3. Setup and monitor project cost accounting and invoicing 8 2 8 16 12 12 6
1.5. Task plan and updates 6
7 14 14 14 14 14 4 4 4 4
3 7 3 3
14 14 14
1.7. Quality Control 10 4
1.8. Sponsor Communications 8 24
1.9. Project close-out 6 8
305 Sub-total Hours 26 119 47 49 14 14 4 4 4 4 0 0 0 0 20 0 0 0 0 0 0 0 0 0 $79,553 Sub-total $8,762 $40,103 $10,387 $10,829 $2,282 $2,282 $652 $652 $652 $652 $0 $0 $0 $0 $2,300 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
2. Base Line Data Collection
2.1. Kick-off meeting with RDD (on-site) to establish project vision, goals, and needs 12 16 18 18 12 380 4 15 10 4
2.1.1. Develop Agenda and Presentation Material 2 8
2.1.2. Prepare and Distribute Minutes 2 2 1
2.2. Collect and review available data and information with Sponsor; identify outstanding requirements 4 8 4 4 4 4 4 4 4 4 2
2.3. 1 Trip - Building Systems Assessment & Evaluation (5 persons) 16 16 16 16 16 1 380 4 15 10 4 218 Sub-total Hours 12 40 34 52 12 20 4 4 20 4 4 4 4 0 4 760 8 30 20 8 0 0 0 0 $49,986 Sub-total $4,044 $13,480 $7,514 $11,492 $1,956 $3,260 $652 $652 $3,260 $652 $840 $884 $840 $0 $460 $448 $4,000 $600 $3,000 $1,600 $0 $0 $0 $0 $9,648
3. Aviation Forecasts: History, Trends, Projections (full aviation forecast)
3.1. Complete a new forecast 6
3.1.1. Data collection from FAA and Sponsor 2 4 60
3.1.2. Aviation Demand Projections for 5-year, 10-year, and 20-year periods 2 4 60
3.2 Revisions (up to 2) 2 20
160 Sub-total Hours 4 10 0 140 0 0 0 0 0 0 0 0 0 0 6 0 0 0 0 0 0 0 0 0 $36,348 Sub-total $1,348 $3,370 $0 $30,940 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $690 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
4. Terminal Programming
4.1. Development of terminal space program for forecasted years 6 18 70 8
4.2. Terminal apron functional area analysis 4 4 16 36
162 Sub-total Hours 4 6 22 86 0 44 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 $34,410 Sub-total $1,348 $2,022 $4,862 $19,006 $0 $7,172 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
5. Concept Development for Options 1, 2, and 3
4 8 60 20 60 12 6 4 4 4 4 4 32
4 8 60 30 60 12 4 4 4 4 4 4 32
4 10 40 30 8 1 1 1 1 1 2 20
2 2 2 2 7000
16 16 16 16 16 380 4 15 10 4
659 Sub-total Hours 30 44 178 98 136 32 11 9 9 9 9 0 10 84 0 380 4 15 10 4 0 7000 0 0 $134,926 Sub-total $10,110 $14,828 $39,338 $21,658 $22,168 $5,216 $1,793 $1,467 $1,467 $1,467 $1,890 $0 $2,100 $11,424 $0 $224 $2,000 $300 $1,500 $800 $0 $7,000 $0 $0 $11,824
6. Program and Concept Refinement for Preferred Alternative 2 4 8 12 4 4 4 4 4 2
12 8 8 6 6 4 6 6 4 4
24 24 16
16 16 16 16 380 4 15 10 4
240 Sub-total Hours 16 18 56 32 44 6 6 8 10 10 8 0 8 16 2 380 4 15 10 4 0 0 0 0 $50,364 Sub-total $5,392 $6,066 $12,376 $7,072 $7,172 $978 $978 $1,304 $1,630 $1,630 $1,680 $0 $1,680 $2,176 $230 $224 $2,000 $300 $1,500 $800 $0 $0 $0 $0 $4,824
7. Sustainable Design Workshop
7.1. Sustainability visioning workshop 2 2 24
7.2. Owner's Project Requirements virtual meeting 2 2 16
7.3. Up to two additional sustainability design team meetings 2 2 12 1 1 16
82 Sub-total Hours 0 7 7 0 0 0 0 0 0 0 0 68 0 0 0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $18,934 Sub-total $0 $2,359 $1,547 $0 $0 $0 $0 $0 $0 $0 $0 $15,028 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
8. AIP Eligibility Study
8.1. Quantify AIP eligible areas for the preferred concept under the most recent AIP Handbook guidelines 6 10 16 6
8.2. Determine eligibility percent analysis 6 6
50 Sub-total Hours 0 6 16 16 12 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 $11,050 Sub-total $0 $2,022 $3,536 $3,536 $1,956 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
9. Public Engagement
12 20 20 16 8 4 4 4 4 4 380 4 15 10 4
4 12 12 8 6
138 Sub-total Hours 16 32 32 24 14 0 0 0 4 4 4 0 4 0 4 380 4 15 10 4 0 0 0 0 $34,278 Sub-total $5,392 $10,784 $7,072 $5,304 $2,282 $0 $0 $0 $652 $652 $840 $0 $840 $0 $460 $224 $2,000 $300 $1,500 $800 $0 $0 $0 $0 $4,824
10. Terminal Assessment Study (TAS) Preparation
10.1. Development of the narrative report, as well as draft report 8 20 20 12 12 12 8 8 8 8 8 8 8 2 2 24 40
4 4 1
2 2 2 1500
223 Sub-total Hours 8 28 50 12 52 12 8 8 8 8 8 8 8 0 5 0 0 0 0 0 0 0 0 1500 $11,128 Sub-total $0 $0 $0 $2,652 $8,476 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $1,500 $1,500 2237.00 116 310 442 509 284 128 33 33 55 39 33 80 34 100 41 1,900 20 75 50 20 0 7,000 0 1,500 $460,977 TOTAL LABOR COSTS: $36,396 $95,034 $86,632 $112,489 $46,292 $18,908 $4,075 $4,075 $7,661 $5,053 $5,250 $15,912 $5,460 $13,600 $4,140 $1,121 $10,000 $1,500 $7,500 $4,000 $0 $7,000 $0 $1,500 100% % OF TOTAL LABOR COSTS: 8% 21% 19% 24% 10% 4% 1% 1% 2% 1% 1% 3% 1% 3% 1%
2237 hours SUMMARY
total fee $460,977 Total Labor Cost $460,977
Expenses $32,621
TOTAL EST. COSTS $493,598
5.5 1 meeting (PP, PM, A, PL - on site) to review alternatives and identify a preferred concept
9.2. Historically disadvantaged community outreach
6.2. Refine conceptual building narratives
10.2. Final conceptual building floor plan and exterior architectural renderings
EXHIBIT B
A/E Fee Detail
Terminal Assessment Study (TAS)
Commercial Airport Terminal Concept and Budget Report
$32,621
Contract for Architectural/Engineering Consultation Services
1.6. Design meetings--internal and external (includes two conference calls with FAA and RDD to review)
6.4. Trip (PP, PM, A, PL) to present preferred alternative, including a meeting with pertinent city officials Redding Municipal Airport
5.1. Develop up to two (2) plan alternatives for expansion/renovation of the existing terminal and terminal expansion
5.2. Develop up to two (2) plan alternatives for a combined commercial air services building and reprogramming of the existing terminal facility
5.3. Interim Progress Meeting (PP, PM, A, PL) to review work-in-progress
6.1. Refine preferred alternative space and equipment requirements Redding, California
Associated expenses
7.4. Deliverables: Sustainability narrative (brief, 1-5 pages), scorecard (if pursuing LEED or other green building rating), Owner’s Project Requirements, and Workshop meeting minutes.
BUILDING
PROGRAMMING
SERVICES:
PROJECT DESCRIPTION:
1.4. Internal correspondence/documentation/coordination/bi-weekly status meetings (assume 17 meetings over a 35-week period @ 30 minutes)
AIRPORT:
5.4 Preliminary rough order of magnitude (ROM) opinion of probably costs for each alternative
1.6.1 Design meetings--internal (includes 14 design team meetings)
1.6.2 Design meetings--external (includes three conference calls with FAA and RDD to review)
1.6.3 Design meetings--extenal (includes 14 calls with RDD)
10.3. Estimate of probable construction cost for preferred plan
10.4. Printing, assembly, and shipping
6.3. Finalize conceptual building floor plan and exterior renderings
9.1. Public Open House preparation and attendance
Packet Pg. 164
Attachment: Authorization of Service No. 22-06 Mead and Hunt RDD Terminal Assessment Study (C-8976) (available online) (4.11(b)--Airport Position Miles ($/mile) Airfare (Pacific Time
Zone) Rooms (per night) Meals (3 per day/$20
per meal) Rental Car Total
0.59$ $500 $150 $20 $200
PP 222.30$ $300 140.00$ -$ 662.30$ PM 29.25$ $500 $300 140.00$ 600.00$ 1,569.25$ A 29.25$ $500 $300 140.00$ -$ 969.25$ PL 29.25$ $500 $300 140.00$ -$ 969.25$ CE 29.25$ $500 $300 140.00$ -$ 969.25$ M/P 29.25$ $500 $300 140.00$ -$ 969.25$ Notes:
1 Miles are to and from home to local airport for all personnel 2 PIC, PM, and PL will require 2 night stay per trip
3 PIC, PM, and PL will require 7 meals per trip
4 Team will share one rental car
Direct Travel Costs Per Trip
Packet Pg. 165
Attachment: Authorization of Service No. 22-06 Mead and Hunt RDD Terminal Assessment Study (C-8976)
CITY OF REDDING
CONSULTING AND PROFESSIONAL SERVICES CONTRACT
THIS CONTRACT is made at Redding, California, by andbetweenthe City of Redding City"), a municipal corporation, and Mead & Hunt, Inc., (" Consultant") for the purpose of providingdesignandengineeringservices, constructionmanagementandotherairportconsulting servicesfor the City of ReddingAirports Division.
WHEREAS, City does not have sufficient personnel to perform the services required herein thereby necessitating this Contract for personal services.
NOW, THEREFORE, the Parties covenant and agree, for good consideration hereby acknowledged, as follows:
SECTION 1. CONSULTANT SERVICES
Subject to the terms and conditions set forth in this Contract, Consultant shall provide to City servicesfor Airport capitalimprovementprojectsandon call engineeringservices as needed. A list of potential projects is attachedas Exhibit A and incorporatedbyreference herein. City and Consultant shall enter into an Authorization of Service Agreement for each project. In the event of a conflict, the terms and conditions set forth herein shall prevail over those set forth in the Authorization of Service Agreement.
SECTION 2. COMPENSATION AND REIMBURSEMENT OF COSTS
A. City shall pay Consultant for services rendered pursuant to this Contract in the mannersetforth in Exhibit B, Consultant's FeeScheduleas may be amendedand updatedby Consultantfrom time to time, attachedandincorporatedby reference herein, at the times and in the manner set forth in each approved Authorization of Service Agreement, and each such Authorization of Service Agreement shall be incorporated herein without further action of the parties being necessary. The paymentsspecifiedin the Authorizationof ServiceAgreementsshall be the only payments to be made to Consultant for services rendered pursuant to this Contract.
Compensationmay be in the form of lump sumpayment, or on a time and expense basis.
B. City shall pay Consultant for services rendered pursuant to this Contract, at the times and in the manner set forth in each Authorization of Service Agreement. The paymentsspecifiedin the Authorization of ServiceAgreementshall be the only payment to be made to Consultant for services rendered pursuant to this Contract.
C. All correct, completeand undisputedinvoicessentby Consultantto City shall be paid within thirty ( 30) calendar days of receipt.
CC
Consulting and Professional Services Agreement Page 1
Rev. 6/ 15
Wl
Packet Pg. 166
Attachment: Consulting and Professional Services Agreement (C-8976) (available online) (4.11(b)--Airport Terminal Assessment Study) SECTION 3. TERM AND TERMINATION
A. Theterm of this Contractshall befor five (5) yearscommencingon thedateof this Agreement. The City shall have the option to extend the contract for one ( 1) one year term. Time is of the essence.
B. If Consultantfails to perform its dutiesto the satisfactionof City, or if consultant fails to fulfill in a timely andprofessional mannerits obligations underthis Contract, thenCity shallhavetheright to terminatethis Contracteffectiveimmediatelyupon City giving written notice thereof to Consultant.
C. EitherParty may terminatethis Contractwithout causeon thirty (30) calendardays' written notice. Notwithstanding the preceding, if the term set forth in Section 3.A. of this Contract exceeds ninety ( 90) calendar days in duration, Consultant's sole right to terminate shall be limited to termination for cause.
D. Consultantherebyacknowledgesandagreesthattheobligationof City to payunder this Contract is contingent upon the availability of City' s funds which are appropriatedor allocatedby the City Council. Shouldthe funding for the project and/or work setforth hereinnot be appropriatedor allocatedby the City Council, City may terminatethis Agreementby furnishing at leastthirty (30) calendardays' written notice of its intention to terminate. In the event of a termination pursuant to this subdivision, Consultant shall not be entitled to a remedy of accelerationof payments due over the term of this Agreement. The Parties acknowledge and agree thatthe power to terminatedescribedhereinis requiredby Article 16, Section 18, of the CaliforniaConstitution, and that constitutionalprovisionsupersedesany law, rule, regulation or statute which conflicts with the provisions of this Section.
E. In the eventthatCity givesnoticeof termination, Consultantshallpromptly provide to City any and all finished and unfinished reports, data, studies, photographs, chartsor otherwork productpreparedby Consultantpursuantto this Contract. City shallhavefull ownership, including, but notlimited to, intellectualpropertyrights, and control of all such finished and unfinished reports, data, studies, photographs, charts or other work product.
F. In the event that City terminates the Contract, City shall pay Consultant the reasonable value of services rendered by Consultant pursuant to this Contract; provided, however, that City shall not in any mannerbe liable for lost profits which might have been made by Consultant had Consultant completed the services required by this Contract. Consultant shall, not later than ten ( 10) calendar days after termination of this Contract by City, furnish to City suchfinancial information Consulting and Professional Services Agreement Page 2
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G. In no event shall the termination or expiration of this Contract be construed as a waiver of any right to seek remedies in law, equity or otherwise for a Party' s failure to perform each obligation required by this Contract.
SECTION 4. MISCELLANEOUS TERMS AND CONDITIONS OF CONTRACT A. City shall make its facilities accessible to Consultant as required for Consultant' s performance of its services under this Contract, and, upon request of Consultant, provide labor and safety equipment asrequired by Consultant for such access.
B. Unless otherwise agreed to in an Authorization of Service Agreement, City shall obtain, arrange and pay for all advertisements for bids, plan approvals, permits and licenses required by local, state or federal authorities associated with the projects.
C. Pursuant to the City' s business license ordinance, Consultant shall obtain a City business license prior to commencing work.
D. Consultant represents and warrants to City that it has all licenses, permits, qualifications and approvals of any nature whatsoever that are legally required for Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Contract any licenses, permits and approvals that are legally required for Consultant to practice its profession.
E. Consultant shall, during the entire term of this Contract, be construed to be an independent contractor and nothing in this Contract is intended, nor shall it be construed, to create an employer/ employee relationship, association, joint venture relationship, trust or partnership or to allow City to exercise discretion or control over the professional manner in which Consultant performs under this Contract; provided, however, that the services to be provided by Consultant shall be provided in a manner consistent with the professional standards applicable to such services.
The sole interest of the City is to insure that services are rendered and performed in a competent, efficient and satisfactory manner. Any and all taxes imposed on Consultant' s income, imposed or assessed by reason of this Contract or its performance, including but not limited to sales or use taxes, shall be paid by Consultant. Consultant shall be responsible for any taxes or penalties assessedby reason of any claims that Consultant is an employee of City. Consultant shall not be eligible for coverage under City' s workers' compensation insurance plan, benefits under the Public Employee Retirement System or be eligible for any other City benefit.
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Attachment: Consulting and Professional Services Agreement (C-8976) (available online) (4.11(b)--Airport Terminal Assessment Study) F. No provision of this Contract is intended to, or shall be for the benefit of, or construedto createrights in, or grantremediesto, any personor entity not a party hereto.
G. No portion of the work or services to be performed under this Contract shall be assigned, transferred, conveyed or subcontracted without the prior written approval of City. Consultant may use the services of independent contractors and subcontractors to perform a portion of its obligations under this Contract with the prior written approval of City. Independent contractors and subcontractors shall be provided with a copy of this ContractandConsultantshall havean affirmative duty to assure that said independent contractors and subcontractorscomply with the sameand agreeto be bound by its terms. Consultantshall be the responsibleparty with respect to all actions of its independent contractors and subcontractors, and shall obtain such insurance and indemnity provisions from its contractors and subcontractorsas City' s Risk Manager shall determine to be necessary.
G. Consultant, at such times and in suchform as City may require, shall furnish City with such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Contract, the costs or obligations incurred or to be incurredin connectiontherewith, andanyothermatterscoveredby this Contract.
H. Consultantshall maintainaccountsand records, including personnel, property and financial records, adequateto identify and accountfor all costspertainingto this Contract and such other recordsas may be deemednecessaryby City to assure proper accounting for all project funds. These records shall be made available for audit purposesto stateand federal authorities, or any authorized representativeof City. Consultant shall retain such records for three ( 3) years after the expiration of this Contract, unlessprior permissionto destroythemis grantedby City.
L Consultant shall perform all services required pursuant to this Contract in the manner and according to the standards observed by a competent practitioner of Consultant' s profession. All products of whatsoever nature which Consultant delivers to City pursuant to this Contract shall be preparedin a professional manner and conform to the standards of quality normally observed by a person practicing the profession of Consultant and its agents, employees and subcontractors assigned to perform the services contemplated by this Contract.
J. All completedreports and other dataor documents, or computermediaincluding diskettes, and other materials provided or preparedby Consultantin accordance with this Contract are the property of City, and may be usedby City. City shall have all intellectual property rights including, but not limited to, copyright and patentrights, in saiddocuments, computermedia, and other materialsprovidedby Consultant. City shall release, defend, indemnify and hold harmless Consultant from all claims, costs, expenses, damageor liability arisingout of or resultingfrom City' s useor modification of any reports, data, documents, drawings, specifications Consulting and Professional Services Agreement Page 4
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K. Consultant, including its employees, agents, and subconsultants, shall not maintain or acquire any direct or indirect interest that conflicts with the performance of this Contract. Consultant shall comply with all requirements of the Political Reform Act ( Government Code § 8100 et seq.) and other laws relating to conflicts of interest, including the following: 1) Consultant shall not make or participate in a decision made by City if it is reasonably foreseeable that the decision may have a material effect on Consultant' s economic interest, and 2) if required by the City Attorney, Consultant shall file financial disclosureforms with the City Clerk.
L. Consultant is advised that this Contract creates a " covered transaction" within the meaning of Title 2 CFR Part 180. By signature herein, Consultant certifies that at the time it submitted a proposal for the work contemplated herein to the City and at the time it executesthis Contract neither it nor its principals were or are presently debarredor suspendedby any federal department or agency from participation in the work required herein. Consultant shall comply with Title 2 CFR Part 1200 and Title 2 CFR Part 180, Subpart C, by administering each lower tier subcontract that exceeds $ 25, 000 as a " covered transaction". In such cases, prior to execution of this Contract, Consultant shall certify that each lower tier participant of a "covered transaction" is not presently debarred or otherwise disqualified from participation in this federally assistedproject.
The Consultant may accomplish this by:
1. Checking the System for Award Management at website:
http:// www. sani. gov.
2. Collecting a certification statement similar to the Certification set forth in this Section 4. L.
3. Inserting a clauseor condition in the covered transaction with the lower tier contract.
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Attachment: Consulting and Professional Services Agreement (C-8976) (available online) (4.11(b)--Airport Terminal Assessment Study) SECTION 5. INSURANCE
A. Unless modified in writing by City' s Risk Manager, Consultant shall maintain the following noted insuranceduring the duration of the Contract:
Coverage HLUkrw Not Required
Commercial General Liability x
Comprehensive Vehicle Liability x
Workers' Compensation and Employers' Liability x
Professional Liability( Errors and Omissions) x
Place an" x" in the appropriate box)
B. Coverage shall be at least as broad as:
1. Insurance Services Office form number CG- 0001, Commercial General Liability Insurance, in an amount not less than $ 2, 000, 000 per occurrence and $ 4, 000, 000 general aggregate for bodily injury, personal injury and property damage;
2. Insurance Services Office form number CA- 0001 ( Ed. 1/ 87), Comprehensive Automobile Liability Insurance, which provides for total limits of not less than $ 1,000, 000 combined single limits per accident applicable to all owned, non- owned and hired vehicles;
3. Statutory Workers' Compensation required by the Labor Code of the State of California and Employers' Liability Insurance in an amount not less than 1,000, 000 per occurrence. Both the Workers' Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents and volunteers;
4. Professional Liability ( Errors and Omissions) Insurance, appropriate to Consultant' s profession, against loss due to error or omission or malpractice in an amount not less than $ 1,000, 000.
5. The City does not accept insurance certificates or endorsements with the wording " but only in the event of a named insured' s sole negligence" or any other verbiage limiting the insured's insurance responsibility.
C. Any deductibles or self-insured retentions must be declared to and approved by 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 elected officials, Consulting and Professional Services Agreement Page 6
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D. The General Liability shall contain or be endorsed to contain the following provisions:
1. City, its elected officials, officers, employees, and agents are to be covered as additional insured as respects liability arising out of work or operations performed by or on behalf of Consultant; premises owned, leasedor used by Consultant; or automobiles owned, leased, hired or borrowed by Consultant.
The coverage shall contain no special limitations on the scope of protection afforded to City, its elected officials, officers, employees, agents and volunteers.
2. The insurance coverage of Consultant shall be primary insurance as respects City, its elected officials, officers, employees, agents and volunteers. Any insurance or self-insurance maintained by City, its elected officials, officers, employees, agents and volunteers, shall be in excess of Consultant' s insurance and shall not contribute with it.
3. Coverage shall state that the insurance of Consultant 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.
4. Each insurance policy required by this Contract shall be endorsed to state that coverage shall not be canceled except after thirty ( 30) calendar days' prior written notice has been given to City. In addition, Consultant agrees that it shall not reduce its coverage or limits on any such policy except after thirty ( 30) calendar days' prior written notice hasbeen given to City.
E. Insurance is to be placed with insurers with a current A. M. Best' s rating of no less than A- VII.
F. Consultant shall designate the City of Redding as a Certificate Holder of the insurance. Consultant shall furnish City with certificates of insurance and original endorsements effecting the coverages required by this clause. Certificates and endorsements shall be furnished to: Risk Management Department, City of Redding, 777 Cypress Avenue, Redding, CA 96001. The certificates and endorsements for each insurance policy are to be signed by a person authorized by the insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City' s Risk Manager prior to the commencement of contracted services. City may withhold payments to Consultant if adequate certificates of insurance and endorsements required have not been provided, or not been provided in a timely manner.
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Attachment: Consulting and Professional Services Agreement (C-8976) (available online) (4.11(b)--Airport Terminal Assessment Study) G. The requirements as to the types and limits of insurance coverage to be maintained by Consultant as required by Section 5 of this Contract, and any approval of said insurance by City, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by Consultant pursuant to this Contract, including, without limitation, provisions concerning indemnification.
H. If any policy of insurance required by- this Section is a " claims made" policy, pursuant to Code of Civil Procedure § 342 and Government Code § 945. 6, Consultant shall keep said insurance in effect for a period of eighteen ( 18) months after the termination of this Contract.
I. If any damage, including death, personal injury or property damage, occurs in connection with the performance of this Contract, Consultant shall immediately notify City' s Risk Manager by telephone at (530) 225-4068. No later than three (3) calendar days after the event, Consultant shall submit a written report to City' s Risk Manager containing the following information, as applicable: 1) name and address of injured or deceased person( s); 2) name and address of witnesses; 3) name and address of Consultant' s insurance company; and 4) a detailed description of the damage and whether any City property was involved.
SECTION 6. INDEMNIFICATION AND HOLD HARMLESS
A. Consistent with California Civil Code § 2782. 8, when the services to be provided under this Contract are design professional services to be performed by a design professional, as that term is defined under Section 2782. 8, Consultant shall, to the fullest extent permitted by law, indemnify protect, defend and hold harmless, City, its elected officials, officers, employees, and agents, and each and every one of them, from and against all actions, damages, costs, liability, claims, losses, penalties and expenses (including, but not limited to, reasonable attorney' s fees of the City Attorney or legal counsel retained by City, expert fees, litigation costs, and investigation costs) of every type and description to which any or all of them may be subjected by reason of, or resulting from, directly or indirectly, the negligence, recklessness, or willful misconduct of Consultant, its officers, employees or agents in the performance of professional services under this Contract, except when liability arises due to the sole negligence, active negligence or misconduct of the City.
B. Other than in the performance of professional services by a design professional, which is addressed solely by subdivision ( A) of this Section, and to the fullest extent permitted by law, Consultant shall indemnify protect, defend and hold harmless, City, its elected officials, officers, employees, and agents, and each and every one of them, from and against all actions, damages, costs, liability, claims, losses, penalties and expenses (including, but not limited to, reasonable attorney' s fees of the City Attorney or legal counsel retained by City, expert fees, litigation Consulting and Professional Services Agreement Page 8
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C. The Consultant' s obligation to defend, indemnify and hold harmless shall not be excused becauseof the Consultant' s inability to evaluate liability. The Consultant shall respond within thirty ( 30) calendar days to the tender of any claim for defense and indemnity by the City, unless this time has been extended in writing by the City. If the Consultant fails to acceptor reject a tender of defenseand indemnity in writing delivered to City within thirty ( 30) calendar days, in addition to any other remedy authorized by law, the City may withhold such funds the City reasonably considers necessaryfor its defense and indemnity until disposition has been made of the claim or until the Consultant accepts or rejects the tender of defense in writing delivered to the City, whichever occurs first. This subdivision shall not be construed to excuse the prompt and continued performance of the duties required of Consultant herein.
D. The obligation to indemnify, protect, defend, and hold harmless set forth in this Section applies to all claims and liability regardless of whether any insurance policies are applicable. The policy limits of said insurance policies do not act as a limitation upon the amount of indemnification to be provided by Contractor.
E. City shall have the right to approve or disapprove the legal counsel retained by Consultant pursuant to this Section to represent City' s interests. City shall be reimbursed for all costs and attorney's fees incurred by City in enforcing the obligations set forth in this Section.
SECTION 7. CONTRACT INTERPRETATION. VENUE AND ATTORNEY FEES A. This Contract shall be deemed to have been entered into in Redding, California. All questions regarding the validity, interpretation or performance of any of its terms or of any rights or obligations of the parties to this Contract shall be governed by California law. If any claim, at law or otherwise, is made by either party to this Contract, the prevailing party shall be entitled to its costs and reasonable attorneys' fees.
B. This document, including all exhibits, and the Authorization of Service Agreements to be adopted hereafter, contain the entire agreement between the parties and supersedes whatever oral or written understanding each may have had prior to the execution of this Contract. This Contract shall not be altered, amended or modified except by a writing signed by City and Consultant. No verbal agreement or conversation with any official, officer, agent or employee of City, either before, during or after the execution of this Contract, shall affect or modify any of the terms Consulting and Professional Services Agreement Page 9
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C. No covenant or condition to be performed by Consultant under this Contract can be waived except by the written consent of City. Forbearance or indulgence by City in any regard whatsoever shall not constitute a waiver of the covenant or condition in question. Until performance by Consultant of said covenant or condition is complete, City shall be entitled to invoke any remedy available to City under this Contract or by law or in equity despite said forbearance or indulgence.
D. If any portion of this Contract or the application thereof to any person or circumstance shall be invalid or unenforceable to any extent, the remainder of this Contract shall not be affected thereby and shall be enforced to the greatest extent permitted by law.
E. The headings in this Contract are inserted for convenience only and shall not constitute a part hereof. A waiver of any party of any provision or a breach of this Contract must be provided in writing, and shall not be construed as a waiver of any other provision or any succeeding breach of the same or any other provisions herein.
F. Each Party hereto declares and representsthat in entering into this Contract, it has relied and is relying solely upon its own judgment, belief and knowledge of the nature, extent, effect and consequence relating thereto. Each Party further declares and represents that this Contract is made without reliance upon any statement or representation not contained herein of any other Party or any representative, agent or attorney of the other Party. The Parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms, and conditions of this Contract and that the decision of whether or not to seek the advice of counsel with respect to this Contract is a decision which is the sole responsibility of each of the Parties. Accordingly, no party shall be deemed to have been the drafter hereof, and the principle of law set forth in Civil Code § 1654 that contracts are construed against the drafter shall not apply.
G. Each of the Parties hereto hereby irrevocably waives any and all right to trial by jury in any action, proceeding, claim or counterclaim, whether in contract or tort, at law or in equity, arising out of or in any way related to this Agreement or the transactions contemplated hereby. Each Party further waives any right to consolidate any action which a jury trial has been waived with any other action in which ajury trial cannot be or has not been waived.
H. In the event of a conflict between the term and conditions of the body of this Contract and those of any exhibit or attachment hereto, the terms and conditions set forth in the body of this Contract proper shall prevail. In the event of a conflict Consulting and Professional Services Agreement Page 10
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Attachment: Consulting and Professional Services Agreement (C-8976) (available online) (4.11(b)--Airport Terminal Assessment Study) between the terms and conditions of any two or more exhibits or attachments hereto, thosepreparedby City shall prevail over thosepreparedby Consultant.
SECTION 8. SURVIVAL
The provisions set forth in Sections 3 through 7, inclusive, of this Contract shall survive termination of the Contract.
SECTION 9. COMPLIANCE WITH LAWS - NONDISCRIMINATION
A. Consultant shall comply with all applicable laws, ordinances and codes of federal, state and local governments.
B. In the performance of this Contract, Consultant shall not discriminate against any employee or applicantfor employment because of race, color, ancestry, national origin, religious creed, sex, sexual orientation, disability, age, marital status, political affiliation, or membership or nonmembership in any organization. Consultant shall take affirmative action to ensure applicants are employed and that employees are treatedduring their employmentwithout regardto their race, color, ancestry, national origin, religious creed, sex, sexual orientation, disability, age, marital status, political affiliation, or membership or nonmembership in any organization. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination rates of pay or otherforms of compensationandselectionfor training.
SECTION 10. FEDERAL REQUIREMENTS
A. During the performance of this contact, the Consultant, for itself, its assignees, and successors in interest agrees as follows:
1. Compliance with Regulations. Consultant shall comply with the regulations relative to nondiscrimination in Federally- assigned programs of the Department of Transportation ( hereinafter called " DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time hereinafterreferredto asthe Regulations) which arehereinincorporatedby reference and made a part of this contract.
2. Nondiscrimination. Consultant, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subconsultants, including procurement of materials and leases of equipment. Consultant shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations including employment practices when the contract covers a program set forth in Appendix B of the Regulations.
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3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations either by competitive bidding or negotiation made by Consultant for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subconsultant or supplier shall be notified by Consultant of Consultant' s obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin.
4. Information and Reports. Consultant shall provide all information and reports required by the Regulations or directives issuedpursuant thereto and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by City or the Federal Aviation Administration ( FAA) to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of Consultant is in the exclusive possession of another who fails or refuses to furnish this information, the Consultant shall so certify to the City or the FAA, as appropriate, and shall set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance. In the event of Consultant' s noncompliance with the nondiscrimination provisions of this contract, City shall impose such contract sanctions as it or the FAA may determine to be appropriate, including, but not limited to:
a. Withholding of paymentto Consultant under the contract until the Consultant complies, and/ or
b. Cancellation, termination, or suspension of the contract, in whole or in part.
6. Incorporation of Provisions. The Consultant shall include the provisions of paragraphs 1 through 5 in every subcontract, including procurements of materials and leases of equipment unless exempt by the Regulations or directives issued pursuant thereto. The Consultant shall take such action with respect to any subcontract or procurement as City or the FAA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event Consultant becomes involved in, or is threatened with, litigation with a subconsultant or supplier as a result of such direction, the Consultant may request City to enter into such litigation to protect the interests of the City and, in addition, the Consultant may request the United States to enter into such litigation to protect the interests of the United States.
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7. DBE Obligation. Consultant agrees to ensure that Disadvantaged Business Enterprises as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with federal funds provided under this Agreement. In this regard, Consultant shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that Disadvantaged Business Enterprises/Minority Business Enterprises have the maximum opportunity to compete for and perform contracts. Consultant shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of DOT- assisted contracts.
8. Banning Texting While Driving. Consultant agrees to adopt and enforce workplace safety policies to decease crashes caused by distracted drivers including policies to ban text messagingwhile driving when performing any work for, or on behalf of, the Federal government, including work relating to a grant or sub-grant. Consultant also agreesto conduct workplace safety initiatives in a manger commensurate with the size of the business, such as:
a. Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving; and
b. Education, awareness, and other outreach to employees about the safety risks associated with texting while driving.
9. Required Federal Contract Provisions. The required federal contract provisions required by the FAA as part of the Airport Improvement Program are hereby incorporated by reference into this Contract and the current versions of these provisions are included in Exhibit C attached and incorporated herein by this reference.
SECTION 11. REPRESENTATIVES
A. City' s representative for this Contract is Frank Meyer, Assistant Airports Manager, email fine eyr@cityofredding org, telephone number ( 530) 224- 4401, cell number 530) 215- 5256. All of Consultant' s questions pertaining to this Contract shall be referred to the above- named person, or to the representative' s designee.
B. Consultant' s representative for this Contract is Jeff Leonard, Project Manager, email ieff. leonard@ meadhunt. com, telephone number ( 707) 284- 8676, cell number 707- 280-3115. All of City' s questions pertaining to this Contract shall be referred to the above- named person.
C. The representativesset forth herein shall have authority to give all notices required herein.
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Attachment: Consulting and Professional Services Agreement (C-8976) (available online) (4.11(b)--Airport Terminal Assessment Study) SECTION 12. NOTICES
A. All notices, requests, demands and other communications hereunder shall be deemedgiven only if in writing signed by an authorized representative of the sender may be other than the representatives referred to in Section 10) and delivered by facsimile, with a hard copy mailed first class, postageprepaid; or when sent by a courier or an expressservice guaranteeingovernight delivery to the receiving party, addressed to the respective parties as follows:
To City: To Consultant:
Redding Municipal Airport Mead & Hunt, Inc.
Attn: Frank Meyer, Asst Airports Manager Attn: Jeff Leonard, Project Manager 6751 Woodrum Circle# 200 1360 19`h Hole Drive, Suite 200 Redding, CA 96002 Windsor, CA 95492
B. Either party may change its addressfor the purposesof this paragraphby giving written notice of such change to the other party in the manner provided in this Section.
C. Notice shall be deemed effective upon: 1) personal service; 2) two calendar days after mailing or transmission by facsimile, whichever is earlier.
SECTION 13. AUTHORITY TO CONTRACT
A. Each of the undersignedsignatorieshereby representsand warrants that they are authorized to execute this Contract on behalf of the respective parties to this Contract; that they have full right, power and lawful authority to undertake all obligations as provided in this Contract; and that the execution, performance and delivery of this Contractby saidsignatorieshasbeenfully authorizedby all requisite actions on the part of the respective parties to this Contract.
B. When the Mayor is signatory to this Contract, the City Manager and/or the Department Director having direct responsibility for managing the services provided herein shall have authority to execute any amendment to this Contract which does not increase the amount of compensation allowable to Consultant or otherwise substantially change the scope of the services provided herein.
SECTION 14. DATE OF CONTRACT
The date of this Contract shall be the date it is signed by City.
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Attachment: Consulting and Professional Services Agreement (C-8976) (available online) (4.11(b)--Airport Terminal Assessment Study) IN WITNESS WHEREOF, City and Consultant have executed this Contract on the days and year set forth below:
CITY OF REDDING,
A Municipal Corporation
Dated: Z3 , 2021
By: Kristen Schreder
Vice Mayor
ATTEST: APPROVED AS TO FORM:
BARRY E. DeWALT
City Attorney
n
MELAMIZE, City Cle k By:
CONSULTANT
Mead and Hunt, Inc.
Dated: -, -`' 1 2021
V c..e'
Tax ID No.• ' 39-- 019' 3j i Z2`
Attachments - Exhibit A
Exhibit B
Exhibit C
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EXHIBIT A
1. Assistance with preparation of applications for Federal Aviation Administration ( FAA) Airport Improvement Project ( AIP) grant funding and representing the City in discussions with the FAA regarding projects and grants
2. Runway, taxilane, taxiway and aprondevelopment, reconstruction, andresurfacing
3. Airfield electrical systems upgrade and electrical facilities improvements
4. Security fencing
5. Airfield signage and marking improvements
6. Infrastructure improvementsincluding accessroads, vehicle parking lots, landscaping and irrigation
7. Aircraft hangar development
8. Drainage improvements
9. Access control systems
10. AGIS Surveys
11. Aerial Photography
12. Navigational Aids and Weather Reporting Equipment
13. Environmental
14. Wildlife
15. Airport engineeringandconsultingservicesasmay berequiredfrom time to time by the City
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EXHIBIT B
MEAD & HUNT, Inc.
Standard Billing Rate Schedule
Effective January 1, 2021
Standard Billing Rakes
ClEricaG-_ r 581: J0 Fhour
Technical E•dttor................. __.._..- - .-_.. __. Si 19, 001 hour e d --SeniarEdroar.....:. _....:.:'. ......... .. ... S4T3: D, rDho€ sr Registered Land Sur. yor_....... ..................... ......_. ..._.... ......................................... 5i34_ 0D Ihour umfr, ng Ar mmrstiattvie Assistant S-. D_Cr0 hour
Technician L, Technical Writer ..................................... S iO3. 0D 1 hour iTeghnician ll_ urweyor___ Cnstrur Eeryt Person _ T_ 5i21. 0D_f hour Technician III -...........................................................--........................._..— _....... ..__..._. S i2` D.DD 1 hour Si S_DD. d hour
Senior Te- nnfciar. ......... ......... ...,.._. S 1i20. 0D t hour Et3ganee l acwnkis i yc_ ar3 — DUserlanr! hrhRu A
Ergineer 11,`scientist II, Arcihitect II. Inaemor- Designer, Planner II ..................................._._... a i45. 0D 1 hour En uruoer Bll ciehttst 111;ArchtEaat 1H interior Desi mei Pfamrier 11l Si _ OD.f hour', Senior Engineer, Senior Scientist, Senior. rchitect, Senior Interior Qesigner, Senior Planner, Senior E-conomisa...._............._........._............._...._.....__....._--------.__.._-. S i2 i. 00 1 hour Prole! Y Engineer,. ia} ePd Saen ist, Project Architec; FrolectriorInteDesigne€, Projecr Plann r, _ :_.. __...._. ._..... . r: _....... ......_ ....... :_ j_,S212_D-D 1'hour Senior Project= rrgineer, Senior Project Scientist, Senior Proje.- t Architect, Senior Profec< lmerior Designer. Senior Project Planner..................................... .. S252. 0D 1 hour oentoti.; k os d,E, Principaj Senior. ClienV.= rojert tvlanager .:_...........,........ ...:-- -. -_. 33D 0!D,i hoar' Expenses
rieographic lnformatoon or GPS; Systems ..............................._............................................... 5iC4J_0D 1day Total Sta!, ion Surrey Equipment .....................-........._..............._..............._...................._.___-.. Si 10.00 1day Charges for o*, er equipmem may appear in a proposal
Oua- O.- Pocket e_
ire, cz Job Expense=- ........................................................................................ cost Flus 15% Suri-, as reproduc ms, sub-• xnsultants/ contra- ctors. e: c.
Travel Expense
Company or Personal Ccar Mileage .................................................................................... 5 PRS rate I md-?* he€ Nurren. JPS rata as o` Jan. 2021 ic: S0. 5£ cents per mife Air and Surface Transpor-. ation ......................................................................................_,.......... cost plus 151/ 0 Lod. 1ing and Sustenance ......_........._........._..._........................._..._.........__................_......_. cost. 1550 Billing& Payment
Travel time is charged for- m:, rk required to be performed out- of- office. A minimum ca two hours will be tilled for any work out-of- O,-T'ic*.
Invoicing is on a monthly basis_for work performed. Payment for services is due' within 3+0 days from the date of the irwoic: e. An interest charge of Der month is made on the unpaid balance starting 3:D days after the date c: IrP: otce.
This. sohFdule of bllllmg rates is.effe•-.tive January 1, 2021,: and will remain in effect until December 3 fi, 2021, unless unforeseen increases in oDeraJonal Cos-- s are c-n,'countered- We reserve: Fie rlgh: to change rates to reffeo¢ such increases.
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Attachment: Consulting and Professional Services Agreement (C-8976) (available online) (4.11(b)--Airport Terminal Assessment Study)
EXHIBIT C
Required Federal Contract Provisions
1. 1. Access to Records and Reports ( Reference: 2 CFR § 200. 333, 2 CFR § 200. 336, FAA Order 5100. 38). The CONSULTANT must maintain an acceptable cost accounting system. The CONSULTANT agrees to provide the sponsor, the Federal Aviation Administration, and the Comptroller General of the United States or any of their duly authorized representatives, access to any books, documents, papers, and records of the CONSULTANTwhich are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts, and transcriptions. The CONSULTANT agrees to maintain all books, records, and reports required under this contract for a period of not less than three years after final payment is made and all pending matters are closed.
1. 2. Breach of Contract Terms ( Reference: 2 CFR § 200 Appendix II( A)). Any violation or breach of terms of this contract on the part of the CONSULTANTor its subconsultants may result in the suspension or termination of this contract or such other action that may be necessary to enforce the rights of the parties of this agreement.
SPONSOR will provide CONSULTANT written notice that describes the nature of the breach and corrective actions the CONSULTANT must undertake in order to avoid termination of the contract. SPONSOR reserves the right to withhold payments to CONSULTANT until such time the CONSULTANT corrects the breach or the SPONSOR elects to terminate the contract. The SPONSOR's notice will identify a specific date by which the CONSULTANTmust correct the breach. SPONSORmay proceed with termination of the contract if the CONSULTANTfails to correct the breach by deadline indicated in the SPONSOR's notice.
The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder are in addition to, and not a limitation of, any duties, obligations, rights and remedies otherwise imposed or available by law.
1. 3. Civil Rights- General ( Reference: 49 USC§ 47123)
1. 3. 1. Sponsor Contracts
GENERAL CIVIL RIGHTS PROVISIONS
The CONSULTANT agrees to comply with pertinent statutes, Executive Orders and such rules as are promulgated to ensure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance.
This provision binds the CONSULTANT and subcontractors from the bid solicitation period through the completion of the contract. This provision is in addition to that required by Title VI of the Civil Rights Act of 1964.
1. 3. 2. Sponsor Lease Agreements and Transfer Agreements
GENERAL CIVIL RIGHTS PROVISIONS
The (tenant/ concessionaire/ lessee) agrees to comply with pertinent statutes, Executive Orders and such rules as are promulgated to ensure that no person shall, on the grounds of race, Packet Pg. 183 Attachment: Consulting and Professional Services Agreement (C-8976) (available online) (4.11(b)--Airport Terminal Assessment Study) creed, color, national origin, sex, age, or disability be excludedfrom participating in any activity conducted with or benefiting from Federal assistance. If the ( tenant/ concessionaire/ lessee) transfers its obligation to another, the transferee is obligated in the same manner as the tenant/ concessionaire/ lessor).
This provision obligates the ( tenant/ concessionaire/ lessee) for the period during which the property is owned, used or possessed by the ( tenant/ concessionaire/ lessee) and the airport remains obligated to the Federal Aviation Administration. This provision is in addition to that required by Title VI of the Civil Rights Act of 1964.
1. 4. Civil Rights- Title VI Assurances ( 49 USC§ 47123, FAA Order 1400. 11)
1. 4. 1. Title VI Solicitation Notice. The City, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 ( 78 Stat. 252, 42 USC§§ 2000d to 2000d- 4) and the Regulations, hereby notifies all biddersor offerors that it will affirmatively ensurethat any contract entered into pursuant to this advertisement, [ select disadvantaged business enterprises or airport concession disadvantaged business enterprises] will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.
1. 4. 2. Title VI Clausesfor Compliancewith Nondiscrimination Requirements. During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest ( hereinafter referred to as the " CONSULTANT") agrees as follows:
a. Compliance with Regulations: The CONSULTANTwill comply with the Title VI List of Pertinent Nondiscrimination Statutes and Authorities, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract.
b. Non-discrimination: The CONSULTANT, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subconsultants, including procurements of materials and leasesof equipment. The CONSULTANTwill not participate directly or indirectly in the discriminationprohibited bythe Actsandthe Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR part 21.
c. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the CONSULTANTfor work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subconsultant or supplier will be notified by the CONSULTANT of the CONSULTANT'S obligations under this contract and the Acts and the Regulations relative to Non- discrimination on the grounds of race, color, or national origin.
d. Information and Reports: The CONSULTANT will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the sponsor or the Federal Aviation Administration to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of a CONSULTANT is in the Packet Pg. 184
Attachment: Consulting and Professional Services Agreement (C-8976) (available online) (4.11(b)--Airport Terminal Assessment Study) exclusive possession of another who fails or refuses to furnish the information, the CONSULTANT will so certify to the sponsor or the Federal Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain the information. e. Sanctions for Noncompliance: In the event of a CONSULTANT' S noncompliance with the Non- discrimination provisions of this contract, the sponsor will impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to:
1. Withholding payments to the CONSULTANT under the contract until the CONSULTANT complies; and/ or
2. Cancelling, terminating, or suspending a contract, in whole or in part. f. Incorporation of Provisions: The CONSULTANT will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The CONSULTANT will take action with respect to any subcontract or procurement as the sponsor or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the CONSULTANT becomes involved in, or is threatened with litigation by a subconsultant, or supplier because of such direction, the CONSULTANTmay request the sponsor to enter into any litigation to protect the interests of the sponsor. In addition, the CONSULTANT may request the United States to enter into the litigation to protect the interests of the United States.
1. 4. 3. Title VI List of Pertinent Nondiscrimination Acts and Authorities. During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest ( hereinafter referred to as the " CONSULTANT") agrees to comply with the following non- discrimination statutes and authorities; including but not limited to:
a. Title VI of the Civil Rights Act of 1964 ( 42 U. S. C. § 2000d et seq., 78 stat. 252), prohibits discrimination on the basis of race, color, national origin). b. 49 CFR part 21 ( Non-discrimination in Federally-Assisted Programs of the Department of Transportation— Effectuation of Title VI of The Civil Rights Act of 1964).
c. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, ( 42 U. S. C. § 4601), ( prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal- aid programs and projects).
d. Section 504 of the Rehabilitation Act of 1973, ( 29 U. S. C. § 794 et seq.), as amended, prohibits discrimination on the basis of disability); and 49 CFRpart 27. e. The Age Discrimination Act of 1975, as amended, ( 42 U. S.C. § 6101 et seq.), prohibits discrimination on the basis of age).
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Attachment: Consulting and Professional Services Agreement (C-8976) (available online) (4.11(b)--Airport Terminal Assessment Study) f. Airport and Airway Improvement Act of 1982, ( 49 USC § 471, Section 47123), as amended, ( prohibits discrimination based on race, creed, color, national origin, or sex).
g. The Civil Rights Restoration Act of 1987, ( PL 100- 209), ( Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms " programs or activities" to include all of the programs or activities of the Federal- aid recipients, sub- recipients and consultants, whether such programs or activities are Federally funded or not). h. Titles II and III of the Americans with Disabilities Act of 1990, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities ( 42 U. S. C. §§ 12131 — 12189) as implemented by Department of Transportation regulations at 49 CFR parts 37 and 38.
i. The Federal Aviation Administration' s Non- discrimination statute ( 49 U. S.C. § 47123) ( prohibits discrimination on the basis of race, color, national origin, and sex). j. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low- Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low- income populations.
k. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency ( LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful accessto your programs ( 70 Fed. Reg. at 74087 to 74100).
I. Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities ( 20 U.S.C. 1681 et seq).
1. 5. Clean Air and Water Pollution Control ( Reference: 49 CFR§ 18. 36( i)( 12)). CONSULTANT agrees to comply with all applicable standards, orders, and regulations issued pursuant to the Clean Air Act ( 42 U. S. C. § 740- 7671q) and the Federal Water Pollution Control Act as amended ( 33 U.S.C. 1251- 1387). The CONSULTANTagrees to report any violation to the SPONSORimmediately upon discovery.TheSPONSORassumesresponsibility for notifying the Environmental Protection Agency ( EPA) and the Federal Aviation Administration.
Debarment and Suspension ( Reference: 2 CFR part 180 ( Subpart C), 2 CFR part 1200, DOT Order 4200. 5)
1. 5. 1. Bidder or Offeror Certification
CERTIFICATION OF OFFERER/ BIDDER REGARDING DEBARMENT
By submitting a bid/ proposal under this solicitation, the bidder or offeror certifies that neither Packet Pg. 186
Attachment: Consulting and Professional Services Agreement (C-8976) (available online) (4.11(b)--Airport Terminal Assessment Study) it nor its principals are presently debarred or suspended by any Federal department or agency from participation in this transaction.
1. 5. 2. Lower Tier Contract Certification
CERTIFICATION OF LOWER TIER CONSULTANTS REGARDING DEBARMENT The successful bidder, by administering each lower tier subcontract that exceeds $25,000 as a covered transaction", must verify each lower tier participant of a " covered transaction" under the PROJECTis not presently debarred or otherwise disqualified from participation in this federally assistedproject. Thesuccessfulbidder will accomplishthis by:
a. Checking the System for Award Management at website: http:// www. sam. gov b. Collecting a certification statement similar to the Certificate Regarding Debarment and Suspension ( Bidder or Offeror), above.
c. Inserting a clause or condition in the covered transaction with the lower tier contract.
If the FAA later determines that a lower tier participant failed to disclose to a higher tier participant that it was excluded or disqualified at the time it entered the covered transaction, the FAA may pursue any available remedies, including suspension and debarment of the non- compliant participant.
1. 6. Disadvantaged Business Enterprises ( Reference: 49 CFR PART 26)
1. 6. 1. Solicitation Language( Solicitations that include a Project Goal) Information Submitted as a matter of bidder responsiveness:
The Owner' s award of this contract is conditioned upon Bidder or Offeror satisfying the good faith effort requirements of 49 CFR § 26. 53.
Asa condition of bid responsiveness,the Bidder or Offeror must submit the following information with its proposal on the forms provided herein:
a. The names and addresses of Disadvantaged Business Enterprise ( DBE) firms that will participate in the contract;
b. A description of the work that each DBE firm will perform; c. The dollar amount of the participation of each DBE firm listed under( 1) d. Written statement from Bidder or Offeror that attests their commitment to use the DBE firm( s) listed under( 1) to meet the Owner' s project goal; and e. If Bidder or Offeror cannot meet the advertised project DBE goal, evidence of good faith efforts undertaken by the Bidder or Offeror as described in appendix A to 49 CFR part 26.
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Attachment: Consulting and Professional Services Agreement (C-8976) (available online) (4.11(b)--Airport Terminal Assessment Study) Information submitted as a matter of bidder responsibility:
The Owner' s award of this contract is conditioned upon Bidder or Offeror satisfying the good faith effort requirements of 49 CFR § 26. 53.
The successful Bidder or Offeror must provide written confirmation of participation from each of the DBE firms the Bidder or Offeror lists in its commitment within five days after bid opening.
a. The names and addresses of Disadvantaged Business Enterprise ( DBE) firms that will participate in the contract;
b. A description of the work that each DBE firm will perform; c. The dollar amount of the participation of each DBE firm listed under( 1) d. Written statement from Bidder or Offeror that attests their commitment to use the DBE firm( s) listed under( 1) to meet the Owner' s project goal; and e. If Bidder or Offeror cannot meet the advertised project DBE goal, evidence of good faith efforts undertaken by the Bidder or Offeror as described in appendix A to 49 CFRpart 26.
1. 6. 2. Solicitation Language ( Race/ Gender Neutral Means). The requirements of 49 CFR part 26 apply to this contract. It is the policy of the City, to practice nondiscrimination based on race, color, sex, or national origin in the award or performance of this contract. The Owner encourages participation by all firms qualifying under this solicitation regardless of business size or ownership.
1. 6. 3. Prime Contracts ( Projects covered by DBE Program)
DISADVANTAGED BUSINESS ENTERPRISES
Contract Assurance (§ 26. 13)— The Contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of Department of Transportation- assisted contracts. Failure by the Contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the Owner deems appropriate, which may include, but is not limited to:
a. Withholding monthly progress payments;
b. Assessing sanctions;
C. Liquidated damages; and/ or
d. Disqualifying the Contractor from future bidding as non- responsible.
Prompt Payment(§ 26. 29)— The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than seven (7) days from the receipt of each payment the prime contractor receives from City. The prime contractor Packet Pg. 188
Attachment: Consulting and Professional Services Agreement (C-8976) (available online) (4.11(b)--Airport Terminal Assessment Study) agrees further to return retainage payments to each subcontractor within seven ( 7) days after the subcontractor' s work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the City. This clause applies to both DBE and non- DBE subcontractors.
1. 7. Distracted Driving( Reference: Executive Order 13513, DOT Order 3902. 10)
TEXTING WHEN DRIVING
In accordance with Executive Order 13513, " Federal Leadership on Reducing Text Messaging While Driving" ( 10/ 1/ 2009) and DOT Order 3902. 10 "Text Messaging While Driving" 12/ 30/ 2009), the FAA encourages recipients of Federal grant funds to adopt and enforce safety policies that decrease crashes by distracted drivers, including policies to ban text messaging while driving when performing work related to a grant or sub-grant.
In support of this initiative, the SPONSOR encourages the CONSULTANT to promote policies and initiatives for its employees and other work personnel that decrease crashes by distracted drivers, including policies that ban text messaging while driving motor vehicles while performing work activities associated with the PROJECT. The CONSULTANT must include the substance of this clause in all sub- tier contracts exceeding $ 3,500 and involve driving a motor vehicle in performance of work activities associated with the PROJECT.
1. 8. Energy Conservation Requirements ( 2 CFR § 200, Appendix II( H)). CONSULTANT and subconsultant agree to comply with mandatory standards and policies relating to energy efficiency as contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act ( 42 U.S.C. 6201et seq).
1. 9. Federal Fair Labor Standards Act ( Minimum Wage) ( Reference: 29 USC § 201, ET SEQ.). All contracts and subcontracts that result from this solicitation incorporate by reference the provisions of 29 CFR part 201, the Federal Fair Labor Standards Act ( FLSA), with the same force and effect as if given in full text. The FLSAsets minimum wage, overtime pay, recordkeeping, and child labor standards for full and part time workers.
The CONSULTANThas full responsibility to monitor compliance to the referenced statute or regulation. The CONSULTANT must address any claims or disputes that arise from this requirement directly with the U. S. Department of Labor— Wage and Hour Division.
1. 10. Foreign Trade Restriction Certification ( Reference: 49 USC § 50104, 49 CFR Part 30). The by submission of an offer, the Offeror certifies that with respect to this solicitation and any resultant contract, the Offeror-
a. is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms as published by the Office of the United States Trade Representative ( U. S.T. R.);
b. has not knowingly entered into any contract or subcontract for this PROJECTwith a person that is a citizen or national of a foreign country included on the list of countries that discriminate against U. S. firms as published by the U. S.T. R; and Packet Pg. 189
Attachment: Consulting and Professional Services Agreement (C-8976) (available online) (4.11(b)--Airport Terminal Assessment Study) c. has not entered into any subcontract for any product to be used on the Federal on the PROJECTthat is produced in a foreign country included on the list of countries that discriminate against U.S. firms published by the U.S.T.R.
This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code, Section 1001.
The Offeror/ CONSULTANT must provide immediate written notice to the SPONSOR if the Offeror/ CONSULTANT learns that its certification or that of a subconsultant was erroneous when submitted or has become erroneous by reason of changed circumstances. The CONSULTANT must require subconsultants provide immediate written notice to the CONSULTANTif at any time it learns that its certification was erroneous by reason of changed circumstances.
Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30. 17, no contract shall be awarded to an Offeror or subconsultant:
a. who is owned or controlled by one or more citizens or nationals of a foreign country included on the list of countries that discriminate against U.S. firms published by the U.S.T.R. or b. whose subconsultants are owned or controlled by one or more citizens or nationals of a foreign country on such U.S.T.R. list or
c. who incorporates in the public works PROJECTany product of a foreign country on such U. S.T. R. list;
Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a CONSULTANTis not required to exceedthat which is normally possessed by a prudent person in the ordinary course of business dealings.
The Offeror agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in all lower tier subcontracts.
The CONSULTANT may rely on the certification of a prospective subconsultant that it is not a firm from a foreign country included on the list of countries that discriminate against U.S. firms as published by U.S.T. R, unless the Offeror has knowledge that the certification is erroneous.
This certification is a material representation of fact upon which reliance was placed when making an award. If it is later determined that the CONSULTANTor subconsultant knowingly rendered an erroneous certification, the Federal Aviation Administration may direct through the SPONSOR cancellation of the contract or subcontract for default at no cost to the SPONSOR or the FAA.
1. 11. Lobbying and Influencing Federal Employees( Reference: 31 U. S. C.§ 1352— Byrd Anti- Lobbying Amendment, 2 CFR part 200, Appendix II( J) 49 CFR part 20, Appendix A) The bidder or offeror certifies by signingand submitting this bid or proposal, to the best of his or her knowledge and belief, that:
Packet Pg. 190
Attachment: Consulting and Professional Services Agreement (C-8976) (available online) (4.11(b)--Airport Terminal Assessment Study) a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Bidder or Offeror, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, " Disclosure Form to Report Lobbying," in accordance with its instructions.
c. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers ( including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub- recipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $ 10, 000 and not more than $ 100, 000 for each such failure.
1. 12. Occupational Safety and Health Act of 1970 ( Reference: 20 CFR part 1910). All contracts and subcontracts that result from this solicitation incorporate by reference the requirements of 29 CFR Part 1910 with the same force and effect as if given in full text. CONSULTANT must provide a work environment that is free from recognized hazards that may cause death or serious physical harm to the employee. The CONSULTANTretains full responsibility to monitor its compliance and their subconsultant' s compliance with the applicable requirements of the Occupational Safety and Health Act of 1970( 20 CFRPart 1910). CONSULTANT must address any claims or disputes that pertain to a referenced requirement directly with the U.S. Department of Labor— Occupational Safety and Health Administration.
1.13. Certification of Offeror/ Bidder regarding Tax Delinquency and Felony Convictions( Reference:
Sections 415 and 416 of Title IV, Division L of the Consolidated Appropriations Act, 2014( Pub.
L. 113- 76) & DOT Order 4200. 6 - Requirements for Procurement and Non- Procurement Regarding Tax Delinquency and Felony Convictions)
The applicant must complete the following two certification statements. The applicant must indicate its current status as it relates to tax delinquency and felony conviction by inserting a checkmark () in the space following the applicable response. The applicant agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification in all lower tier subcontracts.
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Attachment: Consulting and Professional Services Agreement (C-8976) (available online) (4.11(b)--Airport Terminal Assessment Study) Certifications
1) The applicant represents that it is ( ) is not ( ) a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. 2) The applicant represents that it is ( ) is not ( ) is not a corporation that was convicted of a criminal violation under any Federal law within the preceding 24 months.
Note
If an applicant responds in the affirmative to either of the above representations, the applicant is ineligible to receive an award unless the sponsor has received notification from the agency suspension and debarment official ( SDO) that the SDO has considered suspension or debarment and determined that further action is not required to protect the Government' s interests. The applicant therefore must provide information to the owner about its tax liability or conviction to the Owner, who will then notify the FAA Airports District Office, which will then notify the agency' s SDO to facilitate completion of the required considerations before award decisions are made.
Term Definitions
Felony conviction: Felony conviction means a conviction within the preceding twenty- four( 24) months of a felony criminal violation under any Federal law and includes conviction of an offense defined in a section of the U.S. code that specifically classifies the offense as a felony and conviction of an offense that is classified as a felony under 18 U. S. C. § 3559.
Tax Delinquency: A tax delinquency is any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.
1. 14. Termination of Contract ( Reference: 2 CFR § 200 Appendix II( B), FAA Advisory Circular 150/ 5370- 10, Section 80- 09)
1. 14. 1. Termination for Convenience ( Professional Services) The SPONSORmay, by written notice to the CONSULTANT,terminate this Agreement for its convenience and without cause or default on the part of CONSULTANT. Upon receipt of the notice of termination, except as explicitly directed by the SPONSOR, the CONSULTANT must immediately discontinue all services affected.
Upon termination of the Agreement, the CONSULTANT must deliver to the SPONSOR all data, surveys, models, drawings, specifications, reports, maps, photographs, estimates, summaries, and other documents and materials prepared by the CONSULTANTunder this contract, whether complete or partially complete.
SPONSOR agrees to make just and equitable compensation to the CONSULTANT for satisfactory work completed up through the date the CONSULTANT receives the termination Packet Pg. 192
Attachment: Consulting and Professional Services Agreement (C-8976) (available online) (4.11(b)--Airport Terminal Assessment Study) notice. Compensation will not include anticipated profit on non- performed services.
SPONSOR further agrees to hold CONSULTANT harmless for errors or omissions in documents that are incomplete as a result of the termination action under this clause.
1. 14. 2. Termination for Default ( Professional Services) Either party may terminate this Agreement for cause if the other party fails to fulfill its obligations that are essential to the completion of the work per the terms and conditions of the Agreement. The party initiating the termination action must allow the breaching party an opportunity to dispute or cure the breach.
The terminating party must provide the breaching party [ 71days advance written notice of its intent to terminate the Agreement. The notice must specify the nature and extent of the breach, the conditions necessary to cure the breach, and the effective date of the termination action. The rights and remedies in this clause are in addition to any other rights and remedies provided by law or under this agreement.
a. Termination by SPONSOR:The SPONSORmay terminate this Agreement in whole or in part, for the failure of the CONSULTANT to:
1. Perform the services within the time specified in this contract or by SPONSORapproved extension;
2. Make adequate progress so as to endanger satisfactory performance of the PROJECT;
3. Fulfill the obligations of the Agreement that are essential to the completion of the PROJECT.
Upon receipt of the notice of termination, the CONSULTANTmust immediately discontinue all services affected unless the notice directs otherwise. Upon termination of the Agreement, the CONSULTANT must deliver to the SPONSOR all data, surveys, models, drawings, specifications, reports, maps, photographs, estimates, summaries, and other documents and materials prepared by the CONSULTANTunder this contract, whether complete or partially complete.
SPONSOR agrees to make just and equitable compensation to the CONSULTANT for satisfactory work completed up through the date the CONSULTANT receives the termination notice. Compensation will not include anticipated profit on non- performed services.
SPONSOR further agrees to hold CONSULTANT harmless for errors or omissions in documents that are incomplete as a result of the termination action under this clause.
If, after finalization of the termination action, the SPONSOR determines the CONSULTANT was not in default of the Agreement, the rights and obligations of the parties shall be the same as if the SPONSOR issued the termination for the convenience of the SPONSOR. b. Termination by CONSULTANT:The CONSULTANTmay terminate this Agreement in whole or in part, if the SPONSOR:
1. Defaults on its obligations under this Agreement;
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Attachment: Consulting and Professional Services Agreement (C-8976) (available online) (4.11(b)--Airport Terminal Assessment Study)
2. Fails to make payment to the CONSULTANT in accordance with the terms of this Agreement;
3. Suspends the PROJECT for more than [ 180] days due to reasons beyond the control of the CONSULTANT.
Upon receipt of a notice of termination from the CONSULTANT, SPONSOR agrees to cooperate with CONSULTANT for the purpose of terminating the agreement or portion thereof, by mutual consent. If SPONSOR and CONSULTANT cannot reach mutual agreement on the termination settlement, the CONSULTANT may, without prejudice to any rights and remedies it may have, proceed with terminating all or parts of this Agreement based upon the SPONSOR' s breach of the contract.
In the event of termination due to SPONSOR breach, the CONSULTANT is entitled to invoice SPONSOR and to receive full payment for all services performed or furnished in accordance with this Agreement and all justified reimbursable expenses incurred by the CONSULTANT through the effective date of termination action. SPONSOR agrees to hold CONSULTANT harmless for errors or omissions in documents that are incomplete as a result of the termination action under this clause
1. 15. Veteran' s Preference ( Reference: 49 USC § 47112( c)). In the employment of labor ( excluding executive, administrative, and supervisory positions), the CONSULTANT and all sub- tier CONSULTANTS must give preference to covered veterans as defined within Title 49 United States Code Section 47112. Covered veterans include Vietnam- era veterans, Persian Gulf veterans, Afghanistan- Iraq war veterans, disabled veterans, and small business concerns( as defined by 15 U.S.C. 632) owned and controlled by disabled veterans. This preference only applies when there are covered veterans readily available and qualified to perform the work to which the employment relates
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Attachment: Consulting and Professional Services Agreement (C-8976) (available online) (4.11(b)--Airport Terminal Assessment Study)
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Authorize the following actions relative to development of an Airport Strategic Plan for the Redding Municipal Airport (C-8976):
(1) Adopt Resolution approving the 22nd Amendment to City Budget Resolution No . 2021- 078, appropriating $225,000 for the Airport Strategic Plan; and (2) Approve Authorization of Service No. 21 -05 with Mead & Hunt, Inc. , for consulting services to develop the Airport Strategic Plan; and
(3) Authorize the City Manager, or designee, to execute the agreement, and any amendments, or additional documentation needed to facilitate the development of the strategic plan.
Fiscal Impact
The cost of the Airport Strategic Plan will be $225,000 including consultant services and staff time. The funding is proposed to be funded by the General Fund.
Alternative Action
The City Council (Council) could choose not to approve the budget resolution appropriating the funds and provide staff with alternate direction to address the surge in air service and the associated demands, as well as capital project needs.
Background/Analysis
The Redding Municipal Airport (RDD) has operated as a commercial service airport for the North State since the late 1940s. Over the years, RDD has had contracts with various air service operators offering service to multiple destinations. To accommodate a change in larger capacity aircraft being used by the airlines, a remodel and expansion of RDD’s Terminal was completed in late 2014. In more recent years, RDD has seen a steady increase in passenger air travel above and beyond United Airlines’ regular three -times daily flight to San Francisco International MEETING DATE: December 21, 2021
ITEM NO. 9.11(f)
FROM:
***APPROVED BY***
[email protected]
SUBJECT: 9.11(f)--Consider Authorization of Service and Resolution to allocate funds for development of an Airport Strategic Plan.
Chuck Aukland, Public
Works Director
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Attachment: 12-21-21 Staff Report (available online) (4.11(b)--Airport Terminal Assessment Study) Report to Redding City Council December 16, 2021
Re: 9.11(f)--Airport Strategic Plan Page 2
Airport (SFO). The increase was initiated by the successful addition of United Airlines’ single daily flight to Los Angeles International Airport (LAX) in 2019, which was backed by a revenue guarantee of nearly $ 1 million dollars. The addition of Avelo Airlines’ service to Hollywood Burbank Airport (BUR) in May 2021 , and Alaska Airlines’ daily service to Seattle -Tacoma International Airport (SEA) in June 2021 , provided a surge in passenger usage. Beginning January 6, 2022 , Avelo Airlines will offer direct service to Las Vegas International Airport (LAS). Additionally, potential air service with United Airlines to Denver International Airport (DEN) could start as soon as the airline is prepared to initiate that service from RDD in the coming years. The possibility of the DEN service is made possible as a result of the successful grant award that w ill provide a revenue guarantee for Uni ted Airlines in the amount of $1 .1 Million including $350K in local support. Staff believes that both the LAS and DEN service will generate a large boost in passenger usage.
With this increase of air service, much of the available space in the Terminal has become constrained during times of overlapping flights where the total number of passengers has reached the maximum capacity of the passenger holding room. This is combined with the strain of having only one gate in the hold room , which has to be shared competitively among the three airlines.
The airlines have also been feeling the strain of the Transportation Security Administration’s (TSA) limited capacity which constricts its ability to efficiently screen passengers and bags, thereby leading to long d elays for passengers to complete the security screening process. The demand for additional passenger screening lanes, passenger holding areas, larger baggage handling areas requested by the airlines , and limited ticket counter space has presented many challenges. This prompts staff to look at the future needs for the airport , and at interim improvements in the meantime . Increased passenger activity, aircraft size and security requirements necessitate the expansion of the Terminal. In addition, with the addi tional air service comes increased strain on support services such as car rentals, parking, vending, and other airport related services. All of which are at capacity and limited by space , facilities, and staff support as well as aging infrastructure including the main runway and taxiways.
As such, staff is recommending to the Council to develop a strategic plan for RDD that will focus on economic development, needed facility and capital improvements, which can include both revenue -generating and non -revenue generating projects or programs , and financial resiliency. This plan will be prepared as the aviation industry recovers from the COVID -19 pandemic and at a time when the federal government is making considerable investment in aviation infrastructure. Th e strategic plan will analyze passenger demand and assess revenue generation and what support might be needed outside of City of Redding staff to achieve these goals. Staff believes that consideration for capital project needs in the next five years, or more, is a critical component of successful airport planning . The strategy will guide development and decision making, and allow the Airport to achieve its goals by continuing to serve as an important economic engine and the airport of choice for Northern California.
Mead & Hunt, Inc. , is an on -call aviation consulting firm that provides engineering and design services as well as other airport consulting services for Redding Municipal Airport and Benton Airport. Mead & Hunt, Inc. will complete the attached scope, as part of the strategic plan development process, in approximately 8 months. The strategic plan will provide clear direction on investment of resources to ensure continued success and services for the north state community.
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Attachment: 12-21-21 Staff Report (available online) (4.11(b)--Airport Terminal Assessment Study) Report to Redding City Council December 16, 2021
Re: 9.11(f)--Airport Strategic Plan Page 3
Council Priority/City Manager Goals
• Budget and Financial Management – “Achieve balanced and stable 10 -year Financial Plans for all funds.”
• Government of the 21st Century – “Be relevant and proactive to the opportunities and challenges of today’s residents and workforce. Ant icipate the future to make better decisions today.”
• Economic Development – “Facilitate and become a catalyst for economic development in Redding to create jobs, retain current businesses and attract new ones, and encourage investment in the community.”
Attachments
Resolution
Mead and Hunt - AOS 21-05 (C-8976) (available online)
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Attachment: 12-21-21 Staff Report (available online) (4.11(b)--Airport Terminal Assessment Study)
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Authorize the following actions for the City of Redding:
(1) Adopt Resolution approving and adopting the 31st Amendment to City Budget Resolution 2021-078 appropriating $2,272,250 for fiscal year 2021-22 and $ 2,6011,690 for fiscal year 2022-23.
(2) Adopt Resolution approving and adopting the 32 nd Amendment to City Budget Resolution 2021-078 appropriating $17,593,440 for fiscal year 2 021-22 for American Rescue Plan Act (ARPA) funding.
Fiscal Impact
The recommended changes to the General Fund will allow for the General Fund to meet the City Council directive of maintaining a ten percent reserve. The oth er recommended changes will not reduce reserve levels below those required in the respective funds.
Alternative Action
The City Council (Council) could choose to reject the budget re solutions and request additional information or provide direction relative to recommended budget changes.
Background/Analysis
On February 17, 2022 Council co nducted a budget workshop (works hop) which included a presentation of the current state of the General Fund financial p l a n s a n d r e c e i v e d s t a f f recommendations regarding a shor t- and long-term expenditure pl an regarding the newly identified available funding. This presentation included recommendations to changes in sales tax and transient occupancy tax (TOT) that would fund new General F und services. As part of this presentation there was a separat e discussion on American Rescue Plan Act (ARPA) funding.
This staff report will identify some minor changes between fund ing mechanisms while maintaining the overall integrit y of the enhancement to service s proposed at the February 17, 2022 meeting.
MEETING DATE: March 15, 2022
ITEM NO. 9.10(b)
FROM:
***APPROVED BY***
[email protected]
SUBJECT: 9.10 (b) -- Consider Resolution a pproving Mid-year Budget Adjus tments including Budget Workshop amendments and Resolution approving A merican Rescue Plant Act (ARPA) Expenditure plan
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Attachment: 3-15-22 Staff Report (available online) (4.11(b)--Airport Terminal Assessment Study) Report to Redding City Council March 7, 2022
Re: 9.10(b) MidYear Budget Adjustments including ARPA & Budget workshop info Page 2 Revenues
Sales Tax
As discussed at the budget work shop Sales Tax through January 2 022 has increased by $1,665,137 or 9.6% year over yea r and is $1,952,631 or 11.5% ab ove budget projections. As a result of the performance of Sales Tax staff is recommending a change of the projected Sales Tax revenue to $31,983,000 for fiscal year 2021-22 and $33,207,000 for fiscal year 2022-23. Staff projected these by using the actual receipts through January an d then using the original budget projections of 3% for sales tax for all remaining periods. For Sales Tax the City engages MuniServices to help analyze and project sales tax. Staff recom mendations are below the most recent projections provided from MuniServices for Sales Tax.
Transient Occupancy Tax
During the budget workshop Transie nt Occupancy Tax (TOT) was al so identified as a revenue performing above original budget projections. TOT through Janua ry 2022 has increased by $1,634,893 or 46.6% year over ye ar and is $1,840,991 or 55.7% a bove budget projections. Due to the performance of TOT revenue from the original budget projections staff is recommending a change to $7,241,000 in fiscal ye ar 2021-22 and $7,530,000 for fiscal year 2022-23. Staff projected TOT revenue using actual receipts through January and then using the original budget projections of 4% increase for all remaining periods.
Other Revenues
Revenues in Planning and Building continue to perform strongly which is causing a need for increased staffing. Staff is recom mending increasing building r evenue projections in fiscal year 2022-23 by $68,700 to recognize th e revenue performance and hel p the department align their staffing needs with the current w orkload demands. Staff is reco mmending increasing planning revenue projections in fiscal year 2022-23 by $51,270 to recogn ize the performance of the revenues and help the department align staffing needs with the current workload demands.
Additionally, General Fund is transferring $500,000 to Airports for Airports to complete a concept and budget study for a potential new airport at Redding Municipal Airport.
Rolling Stock
During the budget workshop addit ional contributions to Rolling Stock were recommended for Police and Fire. Rolling Stock provides an account where funding can be placed in order to allow to meet future needs of the Departments at the time it is ident ified. For the Police Department staff recommends increasing the rolling stock contributions by $300,000 for fiscal year 2021-22 and $150,000 for fiscal year 2022- 23. For Fire the increase is recommended for $500,000 in fiscal year 2022-23, which will be utilized immediately to purc hase a type 3 fire engine. This funding will help both departments better address their short a nd long term needs in rolling stock.
General Fund Expenditures
There are two sets of recommendations, the first is recommendat ions from the budget workshop on February 17, 2022 and the second is changes similar to a typ ical mid-year budget request.
Packet Pg. 199
Attachment: 3-15-22 Staff Report (available online) (4.11(b)--Airport Terminal Assessment Study) Report to Redding City Council March 7, 2022
Re: 9.10(b) MidYear Budget Adjustments including ARPA & Budget workshop info Page 3 The first chart are budget changes from the budget workshop on February 17, 2022.
Department Project 2021-22 2022-23
Non-Departmental Downtown Street Maintenance 100,000 $
Non-Departmental Economic Development - EDC Funding 75,000 Non-Departmental Council Chambers Roof 300,000
Parks Gardener 86,980
Parks Nur Pon Fencing 60,000
Building & Code Enforcement Plans Examiner 88,460
Building & Code Enforcement 1/2 Time Clerk to Full Time 48,920 Planning Associate Planner 102,550
Fire - Prevention Fire Prevention Specialist 84,360
Fire- Suppression PPE New Hire 110,000
Fire- Suppression Station 2 Generator Replacement 50,000 Fire- Suppression CAD to CAD Interface 200,000
Police - Administration PRA Tech Supervisor 100,350
Police - Investigations Executive Assistant 80,940
Police - Field Operations Rifles & Suppressors 125,000
Total 185,000$ 1,427,560$
Some areas that have changed fro m the recommendations during th e budget workshop presentation. These are due to project that will require future council action and some recommendations being funded through ARPA. These changes are a result of the restrictions within the ARPA guidelines and a ssociated timing concerns of th e expenditures originally recommended within ARPA. The ARPA section of this report will p rovide more explanation of the exact changes.
The following chart is a breakdow n of additional budget modific ations request. Following the chart will be a brief discussion on these expenditures.
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Attachment: 3-15-22 Staff Report (available online) (4.11(b)--Airport Terminal Assessment Study) Report to Redding City Council March 7, 2022
Re: 9.10(b) MidYear Budget Adjustments including ARPA & Budget workshop info Page 4 Department Project 2021-22 2022-23
Non-Departmental League Of CA Cities Dues 800 $ 800 $ Non-Departmental Council Chamber Upgrades 250,520
Permit Center Computer Hardware<$5000 1,500
Building & Code Enforcement Operating Material/Supp 12,000 Building & Code Enforcement Books/Dues/Subscription 6,500 Building & Code Enforcement Travel Expense 6,200
Building & Code Enforcement Employee Training 2,200
Building & Code Enforcement Vehicle 120,000
Police- Administration Specialized Serv ices 4,000
Police - Field Operations Communication Expense 2,000 2,000 Police - Field Operations Officer Equip - Issued 5,000
Police - Field Operations Officer Equip - Replace 5,000 Police - Field Operations Employee Training 15,000
Police - Field Operations POST Program 10,000
Police - Services Division Bureau of Identification 2,000 Animal Regulation Animal Control Contract 4,500
Fire - Suppression Specialized Services 60,000 30,000 Fire - Suppression Special Equipment 9,500
Fire - Suppression Special Equipment 110,000
Fire - Suppression Special Equipment 6,000
Public Works - Engineering Computers 15,000 15,000 Public Works - Engineering Misc Equipment 48,000
Streets - General & Admin Truck 11,600
Streets - General & Admin Radios & Handhelds 90,330
Parks Mower 40,000
Recreation Operations & Materials 12,000
Total 849,650 $ 47,800 $
Non-Departmental is requesting additional funding in each fisca l year for dues for League of California City membership. The cost was slightly over the orig inal budget projection and this covers the increased cost. Addi tionally, Non-Departmental is re questing an additional $250,520 for Council Chambers upgrades. The City Council Chambers space is roughly 20 years old with audiovisual equipment that dates back to the opening of the fac ility. There have been minor upgrades as equipment failed over the last 10-15 years, but the City has not fully modernized the technology in the Chambers. As a result, the system is subject to unexpected failures and constant troubleshooting. In 202 1, a consultant was hired by th e City to conduct a study on the current system and provide staff with the design specifications for a new system that integrates all the needs of the various Boards and Commissions that utiliz e the space, as well as comply with the Americans with Disabilities Act. The upgrade of the au diovisual technology will cost the roughly $450,000. The cost will ultimately be paid for with pass through fees the City receives as a result of proceeds calculated from the gross reve nues of telecommunications payments from the local telecommunications provider. As the full cost has not yet been realized, the General Fund will need to fr ont the cost of the upgrade, bu t will be repaid through the fees received quarterly from the telecommunications provider. Repaym ent is anticipated to occur within two years. The project is nearly ready to be released fo r bid, and is anticipated to be complete by the end of the year.
Development Services is requesting additional funding for fisca l year 2021-22 of $148,400.
These requests include 3 vehicles that were originally approved as part of the biennial budget process but an administrative error caused them to not be inclu ded in the budget. Additionally, Development Services is requesting $8,400 for travel and training to ensure that staff is attending Packet Pg. 201
Attachment: 3-15-22 Staff Report (available online) (4.11(b)--Airport Terminal Assessment Study) Report to Redding City Council March 7, 2022
Re: 9.10(b) MidYear Budget Adjustments including ARPA & Budget workshop info Page 5 important training that was recently announced. Finally, the de partment is requesting $13,500 to purchase hardware for a customer self-service kiosk and to begi n a migration of records from an old in-house software to Laserfiche permanently.
The Police Department is requesting $43,000 in fiscal year 2021 -22 and $2,000 in fiscal year 2022-23. This funding includes $18,000 in fiscal year 2021-22 and $2,000 in fiscal year 2022-23 for additional costs associated w ith the new officers being hir ed by the department including backgrounds, polygraphs, communica tion expenses, equipment, and finger printing.
Additionally, the department is requesting $25,000 to help the department complete the back log of employee training including POST training that occurred as a result of the impacts of COVID- 19 on training.
The Fire Department is requesting $185,500 in fiscal year 2021- 22 and $30,000 in fiscal year 2022-23. This funding includes $60 ,000 in fiscal year 2021-22 a nd $30,000 in fiscal year 2022- 23 for a new Emergency Reporting System software. The software currently in use is being bought out and this precipitated the Fire Department evaluating comparable options due to the new company charging an increased fee. The increased fee in fis cal year 2021-22 includes implementation costs of the new software as well as the final a nnual cost of the old software.
Additionally, the Fire Departm ent is requesting $125,500 of spe cial equipment funding. This includes costs of new foam that is required in California due to a ban of the old firefighting foam effective January 1, 2022. This funding also includes purchasin g AED’s, new wildland PPE, E- fans, jaws of life, and EMS Bags.
The Public Works Department is requesting $164,930 in fiscal ye ar 2021-22 and $25,000 in fiscal year 2022-23. This funding includes $15,000 per year to replace computer hardware that is struggling to meet the demands of the department. Also included in the request is $48,000 to replace a Trimble S5 – 3” Roboti c Total Station which replaces an existing station and will increase efficiencies within engi neering. The Streets division have two requests included within fiscal year 2021-22, the first for their component of a bucket truck purchased with ET-USA division to share costs proportional to use of the asset with t hat division and finally $90,330 to purchase radio equipment compatible with the new radio system t he City is in the process of completing.
The Community Services Departme nt is requesting $52,000 in fisc al year 2021-22. The first request is for $40,000 in the Parks Department to replace a mow er that recently had an engine failure. The second request is for the Recreation division to assist in attracting applicants to assist with required certific ation training such as CPR, First Aid, Ba sic Water Rescue, and lifeguarding.
Other Fund Expenditures
Other Fund Expenditures have tw o components of recommendations a s w e l l . T h e f i r s t i s t h e recommendations from the budget workshop on February 17, 2022. The second is changes similar to a typical mid-year budget request.
Department Project 2022-23
Airports New Terminal Concept Study 500,000 $
Fleet Maintenance Mechanic I 83,120
Building Maintenance & Construction Building Facilities Mechanic 95,700 Total 678,820$
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Attachment: 3-15-22 Staff Report (available online) (4.11(b)--Airport Terminal Assessment Study) Report to Redding City Council March 7, 2022
Re: 9.10(b) MidYear Budget Adjustments including ARPA & Budget workshop info Page 6 The above changes were approved in concept as part of the budge t workshop on February 17, 2022. The Airports funding will come from a transfer from the G eneral Fund to provide funding for the new terminal concept study. This is due to the increase in commercial flights at the Redding Municipal Airport which is causing capacity issues with in the current terminal. As air service continues to expand and new opportunities arise it will be important to begin to forecast the needs of the Redding Municipal Airport. This project will p rovide funding to begin to assess those needs and position the Redd ing Municipal Airport to find grant opportunities in the future to fund the future terminal needs identified.
The other two requests provide new staff positions to internal service funds to assist in meeting various needs in Fleet and building maintenance through the City of Redding. These changes and other previous changes approved by council require a change to the allocations of various internal service funds. The allocations of internal service fun ds provide funding to these funds to perform the services for the ent ire City. The breakdown of allo cation changes will be broken down after the other budget modification requests. Following is chart of additional budget change requests.
Department Project 2021-22
Electric - Power Resource Group CT Misc Material/Supply 150,000 $ Electric - Distribution System Group Admin & Gen Consultants 100, 000 Electric - Distribution System Group Admin & Gen Recruiting 100,0 00 Electric - Energy Services Transportation Electrification 184,100 Field Service Meter Reading Division Specialized Services/Technical 250,000 Solid Waste Transfer Station 60,000
Solid Waste Other Equipment 215,000
Information Technology Office Equipment/Repairs 5,000
Information Technology Operating materials/supplies 100,000 Information Technology Computer Hardware <$5000 3,500
Building Maintenance & Construction Vehicle 65,000
Communications Division Communication Expense 5,000
Total 1,237,600$
Redding Electric Utility (REU) is requesting increases totaling $534,100 for a variety of projects including some unanticipated emergency backup power system repa i r s , a c o n s u l t a n t f o r t h e Strategic Modernization Project, consulting services for recrui tment of a number of vacant positions within REU, and providing additional funding for the transportation electrification.
Field services is requesting a nd increase of $250,000 to cover on call metering services due to vacancies occurring at the meter shop.
Solid Waste is reque sting $275,000 which includes the purchase of handhelds that will be compatible with the City’s new r adio system and consultant cost s to update the facility master plan, which plans for solutions to space constraints and expansion needs at the transfer station.
Information Technology is req uesting budget changes of $113,500 which includes hardware costs for new employees, additional propane costs for some communication equipment, and costs to cover an unanticipated cyber security event including costs for the immediate response and enhancements as a result of the breach.
Building Maintenance is requesting $65,000 for a new F-350 whic h will replace an older asset Packet Pg. 203
Attachment: 3-15-22 Staff Report (available online) (4.11(b)--Airport Terminal Assessment Study) Report to Redding City Council March 7, 2022
Re: 9.10(b) MidYear Budget Adjustments including ARPA & Budget workshop info Page 7 which needs costly repairs. This will also help ensure the depa rtment have the proper vehicles available with the addition of a new staff member as mentioned above.
The Fleet Maintenance allocation is being recommended to increa se by $293,460 in fiscal year 2022-23 to provide funding for budget modification approved by council and maintain the necessary cash reserve. Of this increased allocation $60,920 is attributable to the General Fund.
The Building Maintenance allocation is being recommended to inc rease by $124,920 in fiscal year 2022-23 to provide funding for budget modifications approv ed by council and maintain the necessary cash reserve. Of the increased allocation $88,200 is attributable to the General Fund.
ARPA Expenditure Plan
At the wudget workshop on February 17, 2022 staff made a number of recommendations to Council regarding the ARPA funding. This section of the report will summarize the information presented at the workshop in the chart below, which includes a modification being recommended by Staff. These modifications will be discussed below the chart.
Category Des cription Amount
Responding to Public Health & Economic Impacts Non-Profit Assist ance 700,000 $ Responding to Public Health & Economic Impacts South City Park I nfrastructure 3,000,000 Responding to Public Health & Economic Impacts MLK Center upgrad es & enhancements 560,000 Responding to Public Health & Economic Impacts Sports Scholarshi ps for underprivileged youth 100,000 Responding to Public Health & Economic Impacts Five Police Offic ers to create an eighth beat 1,965,150 Responding to Public Health & Economic Impacts COVID Tests and o ther pandemic related expenses 195,000 Water and Sewer Infrastructure Storm Drain Upgrades 2,000,000 Broadband Infrastructure Citywide Backbone Fiber Ring 4,000,000 Provision of Government Services Stillwater Business Park Infras tructure 2,500,000 Provision of Government Services Four Police Officers (Park Rang ers) 1,263,290 Provision of Government Services Street Maintenance 1,000,000 Provision of Government Services Youth Programming 310,000 Total 17,593,440$
The only modification that is being recommended by Staff is to move the funding for the additional four police officers f or park rangers being moved to ARPA funding for the first two years. This is connected with reducing the funding associated w ith the five police officers on the City’s eighth beat being reduced to two and a half years. The f unding with the eighth beat is being reduced to two years due to concerns over the Treasury De partments definition of obligation. Due to the flexibility within ARPA staff is recommending absorbing those final years of the eighth beat into the City of Redding General Fund ten-year plan and utilize ARPA funding available for provision of government services in the first two years to fund the Park Rangers unit.
General Fund 10-Year Plan
The changes recommended throughou t this report are included in the attached updated General Fund Ten-year Plan. The General Fund Ten-Year plan continues to meet the required ten percent reserve in all years as required b y C o u n c i l p o l i c y . A s m e n t i o n ed previously there are some changes that were recommended at the budget workshop on Februar y 17, 2022 that will require future council action to adopt and the ten-year plan will be ch anged as those items are brought to council. The biggest of these items is the future bond issuance for Fire Department station needs.
The future bond are expected to increase expenditures by approx imately $1 million dollars per Packet Pg. 204
Attachment: 3-15-22 Staff Report (available online) (4.11(b)--Airport Terminal Assessment Study) Report to Redding City Council March 7, 2022
Re: 9.10(b) MidYear Budget Adjustments including ARPA & Budget workshop info Page 8 year in order to budget the expected bond payments after the bond is issued.
Council Priority/City Manager Goals
x Budget and Financial Management – “Achieve balanced and stable Ten-Year Financial Plans for all funds.”
x Communication and Transparency – “Improve the quality of communication with the public and City employees to en hance knowledge and increase tra nsparency to improve public trust.”
Attachments:
Attachments
Ten Year Plan 21-22 & 22-23 Updated Mid Year & ARPA March 15, 2022 Resolution No 32
Resolution No 31
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Attachment: 3-15-22 Staff Report (available online) (4.11(b)--Airport Terminal Assessment Study)
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Authorize the following actions relative to Bid Schedule No. 52 65 (Job No. 26 44), Bechelli Lane/Loma Vista Traffic Signal (Project):
(1) Award to Crosspoint General Engineering in the amount of $337,500; (2) Approve an additional $87,000 to cover the cost of contract administration and inspection fees;
(3) Approve $34,000 to provide construction contingency funding; (4) Approve $58,000 for project development costs;
(5) Authorize the City Manager to approve additional increases, in either the construction management or construction contingency amounts, up to a total of $15,000; and (6) Find that the Project is categorically exempt from review under the California Environmental Quality Act per Section 15301(c) – Existing Facilities and Section 15303(d) – New Construction or Conversion of Existing Structures.
Fiscal Impact
The Bechelli Lane/Loma Vista Traffic Signal Project is being funded by the Citywide Transportation Impact Fee (TIF) Program. Project cost components ar e estimated, and some shifting of the funds may be necessary to balance the project within the approved budget.
Cost Summary
Item Estimated
Project Development Costs $ 58,000
Construction Contract + Contingency $ 371,500
Contract Administration, Inspection, Testing $ 87,000
Additional City Manager Authority $ 15,000
Total Project Costs $ 531,500
Project Budget $ 575,000
MEETING DATE: May 3, 2022
ITEM NO. 4.11(d)
FROM:
***APPROVED BY***
[email protected]
SUBJECT: 4.11(d)--Award Bid Schedule No. 5265 (Job No. 2644), Bechelli Lane/Loma Vista Traffic Signal Project
Chuck Aukland, Public
Works Director
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Report to Redding City Council April 24, 2022
Re: 4.11(d)--Award BS No. 5265, Bechelli Lane/Loma Vista Page 2
Alternative Action
The City Council may choose to not award the projec t, in which case, traffic signal mitigation measures for River Crossing Marketplace (RCM) development would not be constructed. The RCM Project is currently under construction and not installing this traffic signal could jeopardize future occupancy of the development.
Background/Analysis
The R CM development w ill result in additional transportation impacts on the surrounding roadways. One of the mitigation measures identified during project entitlements to alleviate these impacts includes the installation of a traffic signal at the intersection of Bechelli Lane and Loma Vista Avenue. Additional items of work at the intersection include installation of internally illuminated street name signs, radar detection, and pedestrian push buttons providing a fully operational traffic signal. The RCM project has deposited with the City of Redding (City) its fair share portion of the project cost based on the traffic impact analysis report , and the remaining costs will be paid by the City’s TIF program.
Attached is a tabulation of bids opened on April 14, 202 2. The low bi d in the amount of $337,500 was received from Crosspoint General Engineering , of Palo Cedro , California. The engineer’s estimate was $357,500. Total project development costs for this project are estimated to be $ 58,000. Project development costs include e ngineering, environmental, and consultant services.
Staff has determined that the project qualifies as Categorically Exempt from environmental review under California Environmental Quality Act Guidelines Section 1530 1 and 15303. The project area does not have significant values for wildlife habitat or other environmental resources, and the project has no potential to have a significant effect on the environment.
Council Priority/City Manager Goals
• This agenda item is a routine operational item.
Attachments
Bid Tab
Location Map
Notice of Exemption
Packet Pg. 207
BID TABULATION FOR:
BECHELLI/LOMA VISTA TRAFFIC SIGNAL
ENGINEER'S EST Crosspoint General Eng. St. Francis Electric, LLC Cal Electro, Inc. 4/14/2022 UNIT UNIT UNIT UNIT
ITEM DESCRIPTION UNIT QTY PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TO TAL 1 Water Pollution Control LS 1 $2,500.00 $2,500.00 $2,500.00 $2,500.00 $4,000.00 $4,000.00 $3,000 .00 $3,000.00 2 Traffic Control LS 1 $45,000.00 $45,000.00 $19,000.00 $19,000.00 $18,000.00 $18,000.00 $15,000.00 $15,000.00 3 Signal and Lighting LS 1 $310,000.00 $310,000.00 $316,000.00 $316,000.00 $352,000.00 $352, 000.00 $415,000.00 $415,000.00 TOTAL - CONTRACT ITEMS $357,500.00 $337,500.00 $374,000.00 $433,000.00 Robert J. Frank Const.
UNIT UNIT UNIT
ITEM DESCRIPTION UNIT QTY PRICE TOTAL PRICE TOTAL PRICE TOTAL 1 Water Pollution Control LS 1 $2,500.00 $2,500.00
2 Traffic Control LS 1 $80,000.00 $80,000.00
3 Signal and Lighting LS 1 $420,000.00 $420,000.00
TOTAL - CONTRACT ITEMS $502,500.00
$375,750.00
AVERAGE BID
$411,750.00
Bid Schedule No.: 5265
AVERAGE
UNIT
PRICE
$3,000.00
$33,000.00
Packet Pg. 208
Attachment: Bid Tab (4.11(d)--Award BS No. 5265, Bechelli Lane/Loma Vista)
CITY OF REDDINGLOCATION MAPEXHIBIT APUBLIC WORKSDEPARTMENT
BECHELLI LN
LOMA VISTA DR
RAFAEL ST
JOAQUIN AVE
CHERYL DR
LOMA VISTA DR
DEE ST
TRAVERSE ST
PROJECTLOCATION
BECHELLI LANE/LOMA VISTATRAFFIC SIGNAL
Packet Pg. 209
Attachment: Location Map (4.11(d)--Award BS No. 5265, Bechelli Lane/Loma Vista) Packet Pg. 210
Attachment: Notice of Exemption (4.11(d)--Award BS No. 5265, Bechelli Lane/Loma Vista)
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Accept the Mayor’s recommendation to reappoint Barbara Ghidinelli to the Shasta County Commission on Aging to serve an additional two-year term beginning January 4, 2022, through January 8, 2024.
Fiscal Impact
There is no impact to the General Fund.
Alternative Action
The City Council could choose not to approve the Mayor’s recommendation.
Background/Analysis
Commissioner Barbara Ghidinelli has served one full two-year term and is eligible for reappointment. Ms. Ghidinelli has expressed interest in s erving an additional two-year term on the Shasta County Commission on Aging. If approved, her term will begin January 4, 2022, and end January 8, 2024.
Council Priority/City Manager Goals
• This agenda item is a routine operational item.
MEETING DATE: May 3, 2022
ITEM NO. 5.1
FROM:
***APPROVED BY***
[email protected]
[email protected]
SUBJECT: 5.1--Consider Mayor's reappointment to the Shasta County Commission on Aging.
Kristen Schreder, Mayor
Packet Pg. 211
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Adopt Resolution approving and adopting the 40th Amendment to the City Budget Resolution No. 202 1-078 re-allocating $750,000 from the American Rescue Plan Act of 2021 ( ARPA) – Citywide Broadband fund, and $500,000 from the ARPA – South City Park fund, for creation of the City of Redding Riverfront Property Specific Plan. Alternatively, the City Council could allocate the funding from other ARPA categories.
Fiscal Impact
The recommended budget resolution re-allocates a portion of ARPA funds previously allocated to the City-wide Broadband project ($750,000) and the South City Park fund ($500,000), leaving a remaining fund balance of $3.25 million and $2.5 million, respectively.
The Redding Riverfront Specific Plan update is anticipated to cost between $1 million to $1.25 million dollars.
Alternative Action
The City Council (Council) could choose to not approve the budget resolution and request additional information or provide direction relative to recommended budget changes.
Background/Analysis
On April 19, 2022, the Council directed staff to begin the process to develop an update to the Redding Riverfront Specific Plan as a means to establish parameters and explore opportunities for future use of the property, and to return to the Council to appropriate funding for the process .
The Council acknowledged the City does not have sufficient staff to complete this plan update in-house, and it is necessary to seek the services of a consultant to complete th is extremely detailed and multi-faceted task.
MEETING DATE: May 3, 2022
ITEM NO. 9.1(a)
FROM:
***APPROVED BY***
[email protected]
[email protected]
SUBJECT: 9.1(a)--Consider Resolution appropriating $1,250,000 for the development of an update to the Redding Riverfront Specific Plan.
Barry Tippin, City Manager
Packet Pg. 212
Report to Redding City Council April 27, 2022
Re: 9.1(a)--Budget Resolution for Redding Riverfront Specific Plan Page 2
The Redding Riverfront Specific Plan was first approved in 1990 and amended in 1992 . The 30- year old document will be updated to reflect the community members’ desires from a land use perspective, and a new environmental document will be completed to support the new plan.
Council Priority/City Manager Goals
• Budget and Financial Management – “Achieve balanced and stable 10 -year Financial Plans for all funds.”
• Communication and Transparency – “Improve the quality of communication with the public and City employees to enhance knowledge and increase transparency to improve public trust.”
• Government of the 21 st Century – “Be relevant and proactive to the opportunities and challenges of today’s residents and workfo rce. Anticipate the future to make better decisions today.”
• Economic Development – “Facilitate and become a catalyst for economic development in Redding to create jobs, retain current businesses and attract new ones, and encourage investment in the community.”
Attachments
Resolution
Packet Pg. 213
RESOLUTION NO. 2022-_____
A RESOLUTION OF THE CITY OF REDDING APPROVING AND ADOPTING THE 40TH AMENDMENT TO CITY BUDGET RESOLUTION NO. 20 21-078
APPROPRIATING $0 FOR RE-ALLOCATION OF AMERICAN RESCUE PLAN ACT (ARPA) CITYWIDE BROADBAND AND SOUTH CITY PARK PR OJECTS TO FUND CITY OF REDDING RIVERFRONT SPECIFIC PLAN FOR FISCAL YEAR 2021-22
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF REDDING
THAT Budget Resolution No. 2021-078 be and is hereby amended as follows:
FUND DIVISION DESCRIPTION INCREASE DECREASE
111
111
427
610
Non-Departmental
Parks
$500,000
$500,000
THAT account titles and numbers requiring adjustments by this Resolution are as follows:
USE SOURCE
OF FUNDS OF FUNDS
Increase (Decrease) Revenues
111-427-6-2650-08 Federal Grant Operating - Gen Govt 1,250,000$ 111-427-6-2650-15 Federal Grant Capital - Gen Govt (750,000) 111-610-6-2650-19 Federal Grant Capital - Parks & Rec (500,000) Increase (Decrease) Expenditures
111-427-4010-92 ARPA - Citywide Broadband (750,000)
111-610-4010-98 ARPA - South City Park (500,000)
111-427-4010-87 ARPA - Riverfront Specific Plan 1,250,000 Total -$ -$
THAT the purpose is to appropriate $0 for Re-Allocation of American Rescue Plan Act (ARPA) citywide broadband and South City Park projects to fund City of Redding Riverfront specific plan for fiscal year 2021-22.
Packet Pg. 214
Attachment: Resolution (9.1(a)--Budget Resolution for Redding Riverfront Specific Plan) I HEREBY CERTIFY that the foregoing resolution was introduced at a regular meeting of the City Council of the City of Redding on the 3rd day of May, 2022, and was duly adopted at said meeting by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
KRISTEN SCHREDER, Mayor
ATTEST: FORM APPROVAL:
PAMELA MIZE, City Clerk BARRY E. DeWALT, City Attorney
Packet Pg. 215
Attachment: Resolution (9.1(a)--Budget Resolution for Redding Riverfront Specific Plan)
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Accept report from staff regarding the bond issuance process and rate changes in the bond market; and provide direction to staff regarding the potential bond issuance.
Fiscal Impact
There is no fiscal impact to accepting the informa tion relative to the bonds. However, upon direction provided by City Council, there will be fiscal impact dependent on the direction given.
Alternative Action
The City Council (Council) could choose to request additional information or provide alternat ive direction relative to potential future bond issuance.
Background/Analysis
On February 17, 2022 , Council conducted a budget workshop. At this workshop staff recommendations included increased revenue projections which provided additional resources to fund services to the City of Redding. Included as part of the staff recommendations to Council was a recommendation to evaluate a potential issuance of new debt for the construction of a new fire station, Station 9, and to provide funding to make necessar y improvements to the existing fire stations. At th at time staff had projected debt proceeds of $25 million to cost approximately $1 million per year. After the Council meeting on March 15, 2022 , staff beg an to engage financial advisors regarding the new d ebt and has be en monitoring the cost of debt service and potential proceeds.
MEETING DATE: May 3, 2022
ITEM NO. 9.1(b)
FROM:
***APPROVED BY***
[email protected]
[email protected]
SUBJECT: 9.1(b)--Consider report regarding bond issuance for City of Redding new and existing fire stations.
Barry Tippin, City Manager
Packet Pg. 216
Report to Redding City Council April 28, 2022
Re: 9.1(b)--Information re: bond issuance for City of Redding new and existing fire Page 2
The municipal bond market, like many markets, has a variety of influences that affect the interest rates and pricing. One of the key factors in lending and borrowing is the F ederal Fund rate. The Federal Reserve announced a quarter percentage point increase in March , which brought the Federal Fund rate to approximately .33%. The Federal Reserve is indicating another increase in May of at least a quarter percent but potentially a half percent increase. They are projecting additional rate hikes through the remainder of the calendar year with some observers expecting the Federal Fund rate to reach nearly 2%. Below is a graph showing the last four years of average interest rates for municipal bonds and the Federal Reserve rate.
The original projections were performed by staff in early February in preparation for the budget workshop. After receiving direction from Council on March 15, 2022, staff began working with the City’s bo nd financial advisors, PFM Financial Advisors, LLC (PFM). Working with PFM provided staff more accurate projections regarding expected debt service and bond proceeds.
PFM provided projections for the City for the first time in late March after the municipa l bond interest rates had increased from staff’s original projections. These projections provided debt proceeds of $17.6 million utilizing a targeted payment of $1 million per year.
Staff has since received updated projections from PFM indicating at current bond interest rates the City would receive $16.6 million in debt proceeds with a targeted payment of $1 million per year. Utilizing the current rates, if the City were to issue bonds with projected proceeds of $25 million the payment would be approxima tely $1.5 million per year. With the Federal Reserve indicating there are anticipated increases in the coming months , that will likely impact the municipal bond rate as well, there is expected to be additional impacts on expected proceeds and/or expected debt service. Below is a table providing information on the impact on expected proceeds if interest rates were to fluctuate plus/minus .5% and 1% assuming a targeted payment of $1 million per year:
-1% -0.5% Current Rate +.5% +1%
18,581,419$ 17,584,116$ 16,605,333$ 15,601,375$ 14,666,360$
Due to the dynamic nature of the bond market currently , staff is seeking direction from Council regarding the bond issuance. With the changing municipal bond rates and resulting changes to the projections, there are two primary constraints for Council’s consideration. The first constraint Packet Pg. 217
Report to Redding City Council April 28, 2022
Re: 9.1(b)--Information re: bond issuance for City of Redding new and existing fire Page 3
is the capacity of t he General Fund 10 -year financial plan. The General Fund 10 -year financial plan creates a constraint regarding the potential available resources to allocate funding beyond $1 million per year in debt service without determining savings. Additionally, the increased bond interest rates are causing the $1 million per year debt service payment to constrain the amount of expected bond proceeds. Increasing interest rates will provide less proceeds. This will make it difficult for the City to address all of the Fi re Department facilities’ needs, including a potential new fire station and the deferred needs of the existing fire stations.
Council Priority/City Manager Goals
• Budget and Financial Management – “Achieve balanced and stable 10 -year Financial Plans for all funds.”
• Communication and Transparency – “Improve the quality of communication with the public and City employees to enhance knowledge and increase transparency to improve public trust.”
• Government of the 21 st Century – “Be relevant and proactive to th e opportunities and challenges of today’s residents and workforce. Anticipate the future to make better decisions today.”
Packet Pg. 218
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Accept an oral presentation from the Deputy City Manager o n the City of Redding’s Housing Division Programs and special needs population activities.
Fiscal Impact
There is no fiscal impact for accepting the update.
Alternative Action
The City Council could choose to not accept the update, or request additional information from staff.
Background/Analysis
At its meeting on January 18, 2022 , the City Council requested an update on the programs offered through the City of Redding’s Housing Division and activities that address homelessness.
The oral presentation accompanying this report will summarize the following components:
• Redding Housing Authority Housing Choice Voucher Program • Housing and Community Development Programs
• Unsheltered Assistance/Activities
Council Priority/City Manager Goals
• Government of the 21 st Century – “Be relevant and proactive to the opportunities and challenges of today’s residents and workforce. Anticipate the future to make better decisions today.”
MEETING DATE: May 3, 2022
ITEM NO. 9.2(a)
FROM:
***APPROVED BY***
[email protected]
SUBJECT: 9.2(a)--Oral presentation regarding the City of Redding's Housing Division Programs and Activities.
Steve Bade, Deputy City
Manager
Packet Pg. 219
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Authorize the Electric Utility Director to execute the “Long -Term Resource Contingent Bundled Renewable Energy (PCC1) Resale” (Long -term) and “Short -Term Contingent Bundled Renewable Energy (PCC1) Resale” (Short -term) Transaction Confirmations with Shell Energy North America (US), L.P. for the period of January 1, 2025 , through December 31, 2034, under the authority of existing Council Resolution No. 2009-46.
Fiscal Impact
The fiscal impact is projected to be $27,050,000 over the ten-year term (2025-2034), which is on average $2,705,000 per year. Due to increased demand for renewable energy from California load-serving entities, these costs exceed the renewable energy purchase price forecast from the 2021 Mid -Cycle Integrated Resource Plan (IRP) Update. Staff estimates the increase in compliance costs will result in an increase in revenue requirement of two percent beginning in Fiscal Year 2025 - 26, which has been largely accounted for in Redding Electric Utility’s (REU) financial plan by forecasting a two percent rate increase in 2026.
Alternative Action
The City Council may choose not to authorize the execution of the Confirmations and/or provide staff with an alternate direction.
MEETING DATE: May 3, 2022
ITEM NO. 9.5(b)
FROM:
***APPROVED BY***
[email protected]
SUBJECT: 9.5(b)--Consider authorization of Renewable Energy purchases with Shell Energy North America (US), L.P.
Nick Zettel, Interim Director
of Redding Electric Utility
Packet Pg. 220
Report to Redding City Council April 26, 2022
Re: 9.5(b)--Authorize Renewable Energy Purchases Page 2
Background/Analysis
The 2019 IRP and subsequent 2021 Mid-Cycle IRP Update outlined the requirements for REU to procure renewable energy in amounts sufficient to meet California’s Renewable Portfolio Standard (RPS) mandates set forth in Senate Bill 100 (SB 100). REU is obligated to comply w ith RPS regulations by acquiring RPS -compliant Renewable Energy Credits (REC) through renewable energy or REC procurement, which are issued for each megawatt -hour of renewable energy resource generation. To meet RPS requirements, 65 percent of the RECs pro cured must have a minimum contract term of ten years, and 75 percent of the RECs procured must be categorized as Portfolio Content Category 1 (PCC1). PCC1 RECs must be sold bundled with energy. REU can also purchase short -term RECs that have a contract ter m of fewer than ten years to meet the remaining requirements. Additionally, REU has outlined these requirements and procurement criteria in its RPS Enforcement Program and Procurement Plan (RPS-001).
Over the past two years, staff reviewed multiple option s for securing a long -term renewable power purchase agreement. These options include participating in the Northern California Power Agency’s renewable energy request for proposals, a joint renewable energy request for proposal with the Balancing Authority of Northern California, and direct counterparty outreach. Through these efforts, REU reviewed numerous proposals for projects. Staff used modeling tools consistent with the 2019 IRP and 2021 Mid -Cycle IRP Update evaluation methodology.
Ultimately, staff has selected the proposal from Shell Energy North America (US), L.P. (Shell), as the combination of both the long -term and short -term renewable energy sales provides the lowest overall cost to REU and the least operational and cost risk.
The Transaction Confirmation provides for a contract structure known as an “Index Plus” where REU purchases renewable energy bundled with Renewable Energy Credits (REC), with Shell scheduling the energy to the California Independent System Operator (CAISO) balancing authority. The seller, Shell, is compensated by the CAISO for energy delivered. Due to this structure, REU is not subject to the pricing risk of the CAISO energy market. Additionally, REU will not be required to schedule the energy, thereby mitigating export cost exposure and scheduling coordinator fees. Shell will deliver RECs and energy for the Long -Term Confirmation according to the schedule provided in Table 1.
Table 1 – REC and Energy Delivery Schedule
Long-Term Confirmation
Compliance
Period CP5 CP6 CP7
Contract Year 1 2 3 4 5 6 7 8 9 10
Delivery Year CY2025 CY2026 CY2027 CY2028 CY2029 CY2030 CY2031 CY2032 CY2033 CY2034 Total MWh 125,000 125,000 125,000 175,000 175,000 175,000 175,000 175,000 175,000 175,000 1,600,000 Cost $1,937,500 $1,937,500 $1,937,500 $2,712,500 $2,712,500 $2,712,500 $2,712,500 $2,712,500 $2,712,500 $2,712,500 $24,800,000
The total delivery over the term is 1,600,000 RECs. At $15.50/REC, the total cost over the term will be $24,800,000. The ener gy and RECs for this agreement will be generated at the facilities listed in Table 2. These facilities are guaranteed to be certified by the California Energy Commission (CEC) for renewable generation and considered Eligible Renewable Energy Resources (ERR) as defined in Public Utilities Code Section 399.12 or Section 399.16.
Packet Pg. 221
Report to Redding City Council April 26, 2022
Re: 9.5(b)--Authorize Renewable Energy Purchases Page 3
Table 2 - Eligible Renewable Resources that will be used to deliver the RECs in the proposed confirmation Name of Facility Fuel Source Location
Coachella Hills Wind Wind California
Maverick Solar 4 Solar California
Maverick Solar 7 Solar California
EDPR CA Solar Park Solar California
Atlas Solar II, LLC Solar Arizona (CAISO)
Shell Energy Portfolio Additions TBD TBD
Since the RECs are bundled with energy , they are categorized as PCC1. This proposed agreement would be for ten years and qualifies as a long -term agreement. These Confirmations provide renewable energy and RECs consistent with the procurement plan and policies defined in RPS-001.
The Long-Term Confirmation does not cover the entire amount of RECs needed to reach REU’s compliance requirement. However, Shell is able to supplement the shortfall (50,000 REC/yr) with short-term PCC1 RECs at $15.00/REC for the years 2025 -2027. The short-term RECs from the Short-Term Confirmation will be delivered according to the schedule in Table 3.
Table 3 - Eligible Renewable Resources that will be used to deliver the RECs in the proposed confirmation Short-Term Confirmation
Compliance Period CP5
Contract Year 1 2 3
Delivery Year CY2025 CY2026 CY2027 Total
MWh 50,000 50,000 50,000 150,000
Cost $750,000 $750,000 $750,000 $2,250,000
Both REU and Shell are members of the Western Systems Power Pool (WSPP) and are signatories to the WSPP Master Agreement. The Transaction Confirmations can be executed under the existing WSPP Master Agreement without the need for a stand -alone power purchase agreement. The Transaction Confirmation agreements have undergone both internal and external legal review to ensure future regulatory changes with renewable energy procurement can be addressed and managed.
Council Priority/City Manager Goals
• Government of the 21 st Century – “Be relevant and proactive to the opportunities and challenges of toda y’s residents and workforce. Anticipate the future to make better decisions today.”
• Communication and Transparency – “Improve the quality of communication with the public and City employees to enhance knowledge and increase transparency to improve public trust.”
Packet Pg. 222
Report to Redding City Council April 26, 2022
Re: 9.5(b)--Authorize Renewable Energy Purchases Page 4
Attachments
Resolution No. 2009-46 Forward Purchases
Confirmations (LT & ST) Signed by Shell (available online) RPS-001 Renewables Portfolio Standard Enforcement Program and Procurement Plan 2021 (available online)
Packet Pg. 223
RESOLUTION NO. 2009 - 46
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
MODIFYINGTHE AUTHORITY OFTHE ELECTRIC UTILITY DIRECTOR
OR HIS DESIGNEE TO PURCHASE NATURAL GAS COMMODITY TO
INCLUDE FURWARD ELECTRICITY PURCHASES
WHEREAS, the City Council has taken deliberate steps through adoption of a series of Resolutions giving authority to the Electric Utility Director or his designee to purchase natural gas and electricity commodities; and
WHEREAS, the existing authority ofthe EIectric Utility Director or his designee to purchase natural gas commodities is limited to $25 million per year and 12 years in length; and WHEREAS, due to the nature of energy markets, the opportunity to purchase electricity on a forward basis may result in a reduced, equivalent generation; and WHEREAS, in order to facilitate procurement of electricity on a forward basis in a timely manner, REU staff requests the electricity purchase authority of the Electric Utility Director or his designee be modified to match the natural gas purchase authority in aggregate; NOW, THEREFORE, BE IT RESOLVED by the City Council of the CityofReddingthat the Redding Electric Utility Director or his designee will be authorized to purchase natural gas and/or electricity commodities in a total amount not to exceed $25 million per year and a term not to exceed 12 years.
I HEREBY CERTIFY that the foregoing Resolution was introduced, read, and adopted at a regular meeting of the City Council on the 5Ih day of May, 2009, by the following vote:
AYES: COUNCIL MEMBERS: Dickerson, Jones, McArthur, StegaU, and Bosetti NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
RICK BOSETTI, Mayor
FORM APPROVED:
G- / ' '7/.2--7
RICHARD A. DWERN~~~~ Attorney 4 X
Packet Pg. 224
Attachment: Resolution No. 2009-46 Forward Purchases (9.5(b)--Authorize Renewable Energy Purchases) Packet Pg. 225
Attachment: Confirmations (LT & ST) Signed by Shell (available online) (9.5(b)--Authorize Renewable Energy Purchases) Packet Pg. 226
Attachment: Confirmations (LT & ST) Signed by Shell (available online) (9.5(b)--Authorize Renewable Energy Purchases) Packet Pg. 227
Attachment: Confirmations (LT & ST) Signed by Shell (available online) (9.5(b)--Authorize Renewable Energy Purchases) Packet Pg. 228
Attachment: Confirmations (LT & ST) Signed by Shell (available online) (9.5(b)--Authorize Renewable Energy Purchases) Packet Pg. 229
Attachment: Confirmations (LT & ST) Signed by Shell (available online) (9.5(b)--Authorize Renewable Energy Purchases) Packet Pg. 230
Attachment: Confirmations (LT & ST) Signed by Shell (available online) (9.5(b)--Authorize Renewable Energy Purchases) Packet Pg. 231
Attachment: Confirmations (LT & ST) Signed by Shell (available online) (9.5(b)--Authorize Renewable Energy Purchases) Packet Pg. 232
Attachment: Confirmations (LT & ST) Signed by Shell (available online) (9.5(b)--Authorize Renewable Energy Purchases) Packet Pg. 233
Attachment: Confirmations (LT & ST) Signed by Shell (available online) (9.5(b)--Authorize Renewable Energy Purchases) Packet Pg. 234
Attachment: Confirmations (LT & ST) Signed by Shell (available online) (9.5(b)--Authorize Renewable Energy Purchases) Packet Pg. 235
Attachment: Confirmations (LT & ST) Signed by Shell (available online) (9.5(b)--Authorize Renewable Energy Purchases) Packet Pg. 236
Attachment: Confirmations (LT & ST) Signed by Shell (available online) (9.5(b)--Authorize Renewable Energy Purchases) 1 Procedure No:
RPS-001
Version:
5 Approval Date:
4/20/2021
RPS Policies &
Procedures Effective Date: April 20, 2021
Document Owner: Nathan Aronson
REDDING ELECTRIC UTILITY
Resources Division
RPS-001 Renewables Portfolio
Standard Enforcement Program and
Procurement Plan
Reviewed By:
Nathan Aronson (Electric Manager – Resources), Dan Beans (Electric Utility Director)
Adopted By: Redding City Council
Date: April 20, 2021
Packet Pg. 237
Attachment: RPS-001 Renewables Portfolio Standard Enforcement Program and Procurement Plan 2021 (available online) (9.5(b)--Authorize 2 TABLE OF CONTENTS
1. Introduction ........................................................................................................... 3
2. RPS Procurement Plan ............................................................................................ 3
2.1 Purpose .................................................................................................................. 3
2.2 Compliance Periods ............................................................................................... 4
2.3 Portfolio Content Categories (RPS Enforcement Regulation § 3203) ................... 6
2.4 Procurement Requirements (RPS Enforcement Regulation § 3204) .................... 9
2.5 Redding’s Plan for RPS Compliance ..................................................................... 11
3. RPS Enforcement Program .................................................................................... 11
3.1 Enforcement Policy .............................................................................................. 11
3.2 Optional Compliance Measures .......................................................................... 12
4. Review and Updating Requirements .................................................................... 13
Packet Pg. 238
Attachment: RPS-001 Renewables Portfolio Standard Enforcement Program and Procurement Plan 2021 (available online) (9.5(b)--Authorize 3 1. Introduction
Senate Bill 2 in the First Extraordinary Session (SBX1-2)1 defines the California Renewables Portfolio Standard (RPS) and imposes minimum renewable energy procurement targets for all retail sellers and publicly -owned utilities (POUs), including the City of Redding (Redding).
SBX1-2 authorized the California Energy Commission (CEC) to develop procedures for enforcement of the RPS for POUs. As part of that enforcement authority, the CEC adopted “Enforcement Procedures for the Renewables Portfo lio Standard for Local , Publicly-Owned Electric Utilities ” (RPS Enforcement Regulations ) 2 and updated regulations were subsequently adopted in 2021 . This document describes Redding’s RPS Procurement and Enforcement Plan, as required by the Public Utility Code (PUC) section 399.30(a), which must be approved by the Redding City Council.
1.1 Utility Code
Redding maintains compliance with a multitude of state laws that govern certain aspects of utility energy portfolio requirements. These include the following code sections, which relate to California’s Renewable Portfolio Standard:
• Renewable Portfolio Standard requirement PUC § 399.30(a) • Compliance Period and Procurement Targets PUC § 399.30(b) and (c) • Portfolio Content Categories PUC § 399.16(b) and (c)
• RPS POU Compliance PUC § 399.30(n)
• Optional Compliance Measures PUC § 399.30(d) and PUC § 399.33
2. RPS Procurement Plan
2.1 Purpose
The purpose of the RPS Procurement Plan is to identify the policies and procedures for Redding to meet the RPS requirements and any future adopted state -defined renewable goals. SB350 was signed by Governor Brown in 2015, mandating that 50 percent (50%) of retail sales must be served by RPS eligible resources by 2030. SB350 also mandated Redding to produce an Integrated Resource Plan that will guide the Procurement Plan as allowed by PUC section 399.17(d). In 2018, SB100 was signed by Governor Brown , which increased the RPS goals to 60% by 2030, and in 2021, the CEC approved updates to the RPS regulations.
1 SBX1-2 (Simitian, Stats. 2011, Ch. 1) was signed by California’s Governor on April 12, 2011. 2 The CEC adopted the RPS Enforcement Regulations on June 12, 2013, in Order No. 13 -0612-5.
Packet Pg. 239
Attachment: RPS-001 Renewables Portfolio Standard Enforcement Program and Procurement Plan 2021 (available online) (9.5(b)--Authorize 4 2.2 Compliance Periods
Compliance periods are defined by multi-year percentage targets mandated by law .
Compliance Periods 1, 2, and 3 have passed; however, they are included below for reference:
A. Compliance Period 1
(1) During Compliance Period 1, January 1, 2011, to December 31, 2013, Redding shall procure, at a minimum, renewable energy resources equivalent to an average of 20 percent of retail sales over the three (3) years of the compliance period.
Expressed as:
EP
2011 + EP2012 + EP2013 ≥ .20 (RS2011 + RS2012 + RS2013)
Where:
RSX = total retail sales made by Redding for the specified year X.
EPX = electricity products procured for the specified year X; this may include excess procurement and historic carryover that the POU has chosen to apply to the compliance period containing year X.
B. Compliance Period 2
(1) For Compliance Period 2, January 1, 2014, to December 31, 2016, Redding shall procure renewable energy resources to meet or exceed the sum of 20 percent of retail sales for each of 2014 and 2015, and 25 percent of retail sales for 2016.
Expressed as:
EP
2014 + EP2015 + EP2016 ≥ 0.20 (RS2014) + 0.20 (RS2015) + 0.25 (RS2016)
C. Compliance Period 3
(1) For Compliance Period 3, January 1, 2017, to December 31, 2020, Redding shall procure renewable energy resources to meet or exceed 33 percent of retail sales by 2020. During the intervening years of Compliance Period 3, Redding shall increase procurement to reflect an imputed compliance obligation.
Expressed as:
(EP
2017 + EP2018 + EP2019 + EP2020)
≥ 0.27 (RS2017) + 0.29 (RS2018) + 0.31 (RS2019) + 0.33 (RS2020)
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Attachment: RPS-001 Renewables Portfolio Standard Enforcement Program and Procurement Plan 2021 (available online) (9.5(b)--Authorize 5 D. Compliance Period 4
(1) For the compliance period beginning January 1, 2021, and ending December 31, 2024, Redding shall demonstrate it has procured electricity products within that period sufficient to meet or exceed the sum of 35.75 percent of its 2021 retail sales, 38.50 percent of its 2022 retail sales, 41.25 percent of its 2023 retail sales, and 44.00 percent of its 2024 retail sales.
Expressed as:
(EP
2021 + EP2022 + EP2023 + EP2024)
≥ 0.3575 (RS2021) + 0.3850 (RS2022) + 0.4125 (RS2023) + 0.4400 (RS2024)
Redding may not apply Portfolio Content Category 3 RECs in excess of the maximum limit calculated in section 3204 (c)(3)(A) toward its RPS procurement target for this period.
E. Compliance Period 5
(1) For the compliance period beginning January 1, 2025, and ending December 31, 2027, Redding shall demonstrate it has procured electricity products within that period sufficient to meet or exceed the sum of 46.00 percent of its 2025 retail sales, 50.00 percent of its 2026 retail sales, and 52.00 percent of its 2027 retail sales.
Expressed as:
EP2025 + EP2026 + EP2027
≥ 0.4600(RS2025) + 0.5000(RS2026) + 0.5200(RS2027)
Redding may not apply Portfolio Content Category 3 RECs in excess of the maximum limit calculated in section 3204 (c)(3)(A) toward its RPS procurement target for this period.
F. Compliance Period 6
(1) For the compliance period beginning January 1, 2028, an d ending December 31, 2030, Redding shall demonstrate it has procured electricity products within that period sufficient to meet or exceed the sum of 54.67 percent of its 2028 retail sales, 57.33 percent of its 2029 retail sales, and 60.00 percent of its 2030 retail sales.
Expressed as:
EP
2028 + EP2029 + EP2030
≥ 0.5467(RS2028) + 0.5733(RS2029) + 0.6000(RS2030)
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Attachment: RPS-001 Renewables Portfolio Standard Enforcement Program and Procurement Plan 2021 (available online) (9.5(b)--Authorize 6 Redding may not apply Portfolio Content Category 3 RECs in excess of the maximum limit calculated in section 3204 (c)(3)(A) toward its RPS procurement target for this period.
G. Compliance Periods Beginning on and after January 1, 2031
(1) Compliance periods beginning on and after January 1, 2031, shall be three years in length starting on January 1 and ending on December 31. For each compliance period beginning on or after January 1, 20 31, Redding shall demonstrate it has procured electricity products within the compliance period sufficient to meet or exceed an average of 60.00 percent of Redding’s retail sales over the three calendar years of the compliance period.
Expressed as:
EP
X1 + EPX2 + EPX3 ≥ 0.6000 (RSX1) + 0.6000 (RSX2) + 0.6000 (RSX3)
Redding may not apply Portfolio Content Category 3 RECs in excess of the maximum limit calculated in section 3204 (c)(3)(A) toward its RPS procurement target for this period.
2.3 Portfolio Content Categories (RPS Enforcement Regulation § 3203) In addition to meeting the renewable energy procurement target, the RPS established Portfolio Content Categories (PCC) that outline the eligible renewable energy resource products that must be procured to ensure compliance with minimum and maximum values as summarized in Table 2.
A. PCC1: (RPS Enforcement Regulations § 3203(a))
(1) PCC1 electricity products must be bundled at the time of procurement to be classified as PCC1, and the POU may not resell the underlying electricity from the electricity product back to the eligible renewable energy resource from which the electricity product was procured. The electricity products must be generated by an eligible renewable energy resource that is interconnected to a transmission network within the Western Electricity Coordinating Council (WECC) service territory. For purposes of this section 3203, the first point of interconnection to the WECC transmission grid is the substation, or, where generation tie lines interconnect from the eligible renewable energy resource to the network transmission grid.
(a) Electricity products must be generated by an eligible renewable energy resource that has its first point of interconnection within the metered boundaries of a California balancing authority area, or Packet Pg. 242
Attachment: RPS-001 Renewables Portfolio Standard Enforcement Program and Procurement Plan 2021 (available online) (9.5(b)--Authorize 7 (b) Electricity products must be generated by an eligible renewable energy resource that has its first point of interconnection to an electricity distribution system used to serve end-users within the metered boundaries of a California balancing authority area. For purposes of this section 3203, the first point of interconnection to an electricity distribution system is within the service area boundaries of a utility distribution company.
(c) Electricity products from the eligible renewable energy resource with a first point of interconnection outside the metered boundaries of a California balancing author ity area must be scheduled into a California balancing authority area without substituting electricity from another source. For purposes of this section 3203, electricity generated by the eligible renewable energy resource must be scheduled into a California balancing authority area on an hourly or sub -hourly basis. The POU’s governing board, or other authority as delegated by the POU governing board, must have approved an agreement before the electricity is generated to schedule the electricity from the eligible renewable energy resource into the California balancing authority area on an hourly or sub -hourly basis. If there is a difference between the amount of electricity generated within an hour and the amount of electricity scheduled into a California balancing authority area within that same hour, only the lesser of the two amounts shall be classified as PCC1.
(d) Electricity products must be subject to an agreement between a California balancing authority area and the balancing authority in which the elig ible renewable energy resource is located and executed before the product is generated to dynamically transfer electricity from the eligible renewable energy resource into the California balancing authority area.
(3) Electricity products originally quali fying in PCC1 that do not meet the criteria of section 3203 (a)(2)(A) and are resold – (D) shall not be counted in PCC1.
B. PCC2: (RPS Enforcement Regulations § 3203(b))
(1) PCC2 electricity products must be generated by an eligible renewable energy resource that is interconnected to a transmission network within the WECC service territory, and the electricity must be matched with incremental electricity that is scheduled into a California balancing authority area.
(2) PCC2 electricity products must be bundled when procured and must meet all of the following criteria:
(a) The first point of interconnection to the WECC transmission grid for both the eligible renewable energy resourc e and the resource providing the Packet Pg. 243
Attachment: RPS-001 Renewables Portfolio Standard Enforcement Program and Procurement Plan 2021 (available online) (9.5(b)--Authorize 8 incremental electricity must be located outside the metered boundaries of a California balancing authority area.
(b) The incremental electricity used to match the electricity from the eligible renewable energy resource must be incremental to the POU. For purposes of this section 3203, “incremental electricity” means electricity that is generated by a resource located outside the metered boundaries of a California balancing authority area; prior to the date of contract or ownership agreement, electricity is not in the portfolio of the POU claiming the electricity products for RPS compliance from eligible renewable energy resources with which the incremental electricity is being matched; is executed by the POU, or other authority, as delegated by the POU governing board.
(c) The governing board, or other authority as delegated by the governing board, executes the contract or ownership agreement for the incremental electricity at the same time or after the contract or ownership agree ment for the electricity products from the eligible renewable energy resource is executed.
(d) The incremental electricity must be scheduled into the California balancing authority area within the same calendar year as the electricity from the eligible renewable energy resource is generated.
(e) The electricity from the eligible renewable energy resource must be available to be procured by the POU and may not be sold back to that resource.
C. PCC3: (RPS Enforcement Regulations § 3203(c))
All unbundled renewable energy credits and other electricity products procured from eligible renewable energy resources located within the WECC transmission grid that do not meet the requirements of either PCC1 or PCC2 fall within PCC3.
D. PCC0: (RPS Enforcement Regulations § 3202(a)(2))
(1) Any contract or ownership agreement originally executed prior to June 1, 2010, shall count in full toward the procurement requirements if all of the following conditions are met:
(a) The renewable energy resource met the Comm ission’s RPS eligibility requirements that were in effect when the original procurement or ownership agreement was executed.
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Attachment: RPS-001 Renewables Portfolio Standard Enforcement Program and Procurement Plan 2021 (available online) (9.5(b)--Authorize 9 (b) Any contract amendments or modifications occurring after June 1, 2010, do not increase the nameplate capacity, expected quantities of annual generation, or substitute a different renewable energy resource.
(c) If contract amendments or modifications after June 1, 2010, increase nameplate capacity or expected quantities of annual generation, increase the term of the contract, or substitute a different eligible renewable energy resource, only the MWhs or resources procured prior to June 1, 2010, shall count in full toward the RPS procurement targets. The remaining procurement that is additional due to the amendment must be classified into a portfolio content category and as long -term or short -term, and follow the portfolio balance requirements and long-term procurement requirement in accordance with RPS Enforcement Regulations section 3204 (c) and 3204 (d).
(d) The duration of the contract may be extended if the original contract specified a procurement commitment of fifteen (15) years or more.
2.4 Procurement Requirements (RPS Enforcement Regulation § 3204) A. RPS procurement targets for each compliance period
A POU shall demonstrate it has procured e lectricity products sufficient to meet or exceed the procurement requirements for the respective compliance periods listed below:
Compliance Period 4 CP 5 CP 6 CP 7
… 2021 2022 2023 2024 …2027 …2030 2031…
… 35.75% 38.5% 41.25% 44% 52% 60% 60%
Table 1: RPS Renewable Requirement
B. Exemptions and Adjustments
1. Adjustment for Large Hydroelectric Generation
Consistent with RPS Enforcement Regulations § 3204(b)(8), from January 1, 2019, through December 31, 2030, if Redding receives more than 40 percent (40%) of its retail sales from large hydroelectric generation during a given year of a compliance period, Redding is not required to procure electricity products that exceed the lesser of the portion of the POU’s retail sales unsatisfied by the POU’s large hydroelectric generation, or the soft target for the relevant year of the compliance period.
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Attachment: RPS-001 Renewables Portfolio Standard Enforcement Program and Procurement Plan 2021 (available online) (9.5(b)--Authorize 10 2. Adjustment for Qualifying Gas-Fired Power Plant
If all requirements in RPS Enforcement § 3204(b)(11) are satisfied, Redding may reduce the amount of eligible renewable energy resources that it procures for a compliance period beginning January 1, 2025, if the gas-fired power plant is operating at or below a 20 percent (20%) capacity factor on an annual average basis during a given compliance period. This amount is calculated by the difference between the gas- fired power plant’s actual generation for the compliance period if it had operated at a 20 percent (20%) capacity factor on an annual average during the compliance period. In order to participate, Redding was required to notify the CEC of its intent to act pursuant to this exemption by April 1, 2019. Redding submitted its notification to the CEC on March 12, 2019, and it was accepted by the CEC on July 31, 2019.
C. Portfolio Balance Requirements
Beginning January 1, 2021, with Compliance Period 4, at least sixty-five percent (65%) of Redding’s RPS procurement for each compliance period shall be from contracts of 10 years or more in duration or ownership or ownership agreements for eligible renewable energy resources (PUC section 399.13(b) and 399.30(d)).
Compliance
Period 1
2011-2013
Compliance
Period 2
2014-2016
Compliance
Period 3
2017-2020
Compliance
Period 4
2021-2024
Compliance
Period 5
2025-2027
Compliance
Period 6
2027-2030
PCC1
(Minimum)
50% 65% 75% 75% 75% 75%
PCC2 (No
Direct
Restriction)
n/a n/a n/a n/a n/a n/a
PCC3
(Maximum)
25% 15% 10% 10% 10% 10%
PCC0 Not subject to portfolio balancing requirements
Table 2: RPS Balancing Requirement
D. Long-Term Portfolio Requirement
For the compliance period beginning January 1, 2021, and each compliance period thereafter, at least 65 percent of the electricity products applied toward the RPS procurement target shall be from long-term procurement.
Electricity products will be classified as long-term or short-term based on the contracts, ownership, or ownership agreements through which they are procured.
For the purpose of this section 3204 (d) subdivision, long-term procurement refers to procurement from long-term contracts (over ten years in duration), ownership, or ownership agreements, subject to criteria outlined in section 3204 (d).
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Attachment: RPS-001 Renewables Portfolio Standard Enforcement Program and Procurement Plan 2021 (available online) (9.5(b)--Authorize 11 2.5 Redding’s Plan for RPS Compliance
In order to meet the RPS mandates, Redding plans to preserve its existing PCC0 resources, carry forward excess procurement from one compliance period to the next, and look for valuable opportunities to diversify and expand its RPS portfolio while protecting Redding’s customers from excessive rate increases that could jeopardize economic growth and viability within the City.
The Integrated Resource Plan (IRP) will be the guiding document and framework used for future RPS energy procurement efforts. The IRP will be used as a procurement guide for RPS resource quantity, timing, location , and generation profiles. The IRP is filed with the California Energy Commission and will follow the required timely updates.
Redding plans to continue evaluating eligible renewable power resources and will initiate any necessary procurement solicitations consistent with the IRP approved by the California Energy Commission.
3. RPS Enforcement Program
3.1 Enforcement Policy
In compliance with the requirement for the governing board of a POU to adopt a program for enforcement of the legislation prior to January 1, 2012, the Redding City Council passed Resolution 2011 -197 “Resolution of the City Council of the City of Redding to Revise the Renewable Portfolio Standard for the City of Redding’s Electric System” on December 20, 2011.
Resolution 2011-197 adopted the following RPS targets:
• An average of 20 percent in 2011 through 2013;
• 25 percent by 2016; and
• 33 percent by 2020 and thereafter.
Resolution 2011-197 also adopted the following Enforcement Policies:
• Redding will make a reasonable effort in the context of Good Utility Practice to be in compliance with the requirements of SBX1-2.
• Redding will report to the City Council on its status of compliance with SBX1-2 per PUC section 399.13.
• Redding will notify the City Council of any potential for lack of compliance with the requirements that may be considered for a notice of violation and penalty imposition.
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Attachment: RPS-001 Renewables Portfolio Standard Enforcement Program and Procurement Plan 2021 (available online) (9.5(b)--Authorize 12 • Redding will provide an explanation and analysis to the City Council on such potential for lack of compliance, as well as a plan of corrective action and timeframe for returning the City to compliant status.
The Redding City Council approved updated RPS goals on September 17, 2019, due to the passing of SB 100, which accelerated RPS goals previously established in SB 350 as follows:
• 44 percent by 2024;
• 52 percent by 2027;
• 60 percent by 2030 and thereafter.
3.2 Optional Compliance Measures
Specific optional compliance measures are permitted and are adopted by Redding and the City Council. Redding adopts the following optional compliance measures, which may be utilized in the event that factors beyond reasonable control interfere with its ability to meet the procurement requirements set forth in § 3206 of the RPS Regulations.
A. Excess Procurement:
Redding shall be allowed to apply Excess Procurement from one compliance period to subsequent compliance periods using the criteria outlined in § 3206(a)(1) of the RPS Enforcement Regulations.
B. Delay of Timely Compliance:
Enforcement of timely compliance shall be waived if Redding demonstrates that any of the conditions defined in RPS Enforcement Regulations § 3206(a)(2) are beyond the control of Redding, and Redding would have met its RPS procurement requirements but for the cause of delay.
C. Cost Limitations for Expenditures:
Redding establishes a Cost Limitation on the procurement expenditures for all eligible renewable energy resources used to comply with the RPS, consistent with RPS Enforcement Regulations § 3206(a)(3).
The Cost Limitation applied to each RPS procurement expenditure will consider the following:
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Attachment: RPS-001 Renewables Portfolio Standard Enforcement Program and Procurement Plan 2021 (available online) (9.5(b)--Authorize 13 (1) Incorporating the annual RPS expenditure into Redding’s current portfolio should not require rate increases of more than 1.5 percent per year at any time during the life of the considered RPS procurement.
(2) The per -kilowatt-hour cost of the considered RPS procurement expenditure should not exceed, nor be projected to exceed, 75 percent of Redding’s current per-kilowatt-hour retail residential energy charge.
(3) When estimating the considered RPS procurement expenditure , the following costs will also be included:
(a) The costs associated with firming an d shaping, and/or storage, as needed for intermittent resources; and
(b) The costs associated with delivery of the renewable energy.
In the event that procurement expenditures exceed the adopted Cost Limitation, Redding shall re-evaluate its RPS Procurement Plan to ensure that other options are not available that would otherwise allow Redding to meet its RPS procurement requirement. Such review will include a re -evaluation of current procurement commitments, planned procurements, long-term commitments, and the availability of alternative resources in other portfolio content categories.
D. Portfolio Balance Requirement Reduction:
The Portfolio Balance Requirement shall be reduced if Redding demonstrates that any of the conditions defined in RPS Enforcement Regulations § 3206(a)(4) are beyond the control of Redding, and Redding would have met its Portfolio Balance Requirements but for the cause of reduction.
4. Review and Updating Requirements (RPS Enforcement Regulation s § 3205(a) and (b))
Redding is required to complete an Integrated Resource Plan that will guide the Procurement plan. Redding will provide the following notice regarding new or updated renewable energy resources procurement and enforcement plans:
A. Renewable Energy Resources Procurement Plan
(1) Redding shall post notice in accordance with Chapter 9 (commencing with § 54950) of Part 1, Division 2, Title 5 of the Government Code, whenever the City Council will deliberate in public on the RPS Procurement Plan.
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Attachment: RPS-001 Renewables Portfolio Standard Enforcement Program and Procurement Plan 2021 (available online) (9.5(b)--Authorize 14 B. Enforcement Plan
(1) Redding shall provide notice regarding new or updated enforcement programs. The enforcement program must be adopted at a publicly noticed meeting offering all interested parties an opportunity to comment.
a. No less than 30 calendar days ’ notice shall be given to the public of any meeting held for purposes of adopting the enforcement program.
b. If the enforcement program is modified or amended, no less than 10 calendar days’ notice shall be given to the public before any meeting is held to make a substantive change to the enforcement program.
Revision No. Revision Date Summary of Changes
1 10/15/2013 Original version adopted by City Council on October 15, 2013 2 10/07/2014 Annual update: Removed Lewiston and added Colusa 3 6/05/2018 Combined Procurement and Enforcement plan. Included SB350 updates, removed Colusa biomass project, added cost limitation from stranded assets, and rearranged information for a clearer, concise document. 4 8/26/2019 Updated to include new legislation on: SB100, and SB1110. 5 4/20/2021 Updated to include new RPS regulatory language from updated regulations adopted by CEC in December 2020.
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Attachment: RPS-001 Renewables Portfolio Standard Enforcement Program and Procurement Plan 2021 (available online) (9.5(b)--Authorize
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Accept the oral report.
Fiscal Impact
There is no fiscal impact relating to this oral report.
Alternative Action
The City Council (Council) may choose not to accept the oral report or provide alternative direction to staff.
Background/Analysis
On December 16, 2021, the Council approved the Budget Resolution and Authorization of Service for Mead & Hunt, Inc. to develop an Airport Strategic Plan for the Redding Municipal Airport. This oral report is an update on progress with the plan elements.
Council Priority/City Manager Goals
• This agenda item is a routine operational item.
MEETING DATE: May 3, 2022
ITEM NO. 9.11(c)
FROM:
***APPROVED BY***
[email protected]
SUBJECT: 9.11(c)--Oral report providing a progress update regarding development of the Airport Strategic Plan for the Redding Municipal Airport.
Chuck Aukland, Public
Works Director
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