Loading...
HomeMy WebLinkAboutPSA - CNG-RIN Generation Third- Party Engineering Review - Pinnacle Engineering ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT MURRAY L. MILLER BREANA N. MICOU 1316 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/ 235-9251 FAX 574/ 235-9171 CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS November 26, 2024 Mr. Jeff Melby Pinnacle Engineering, Inc. 12107 Anne Street Omaha, Nebraska 68137 mhenry@pineng.com RE: Professional Services Agreement Dear Mr. Melby: At its November 26, 2024 meeting, the Board of Public Works approved the above referenced agreement for CNG-RIN Generation Third-Party Engineering Review in the amount of $9,250. Enclosed please find a copy of the agreement for your records. If you have any further questions, please call this office at (574) 235-9251. Sincerely, /s/ Theresa Heffner Theresa Heffner, Clerk Enclosures TH/hh INTER-OFFICE MEMORANDUM DEPARTMENT OF PUBLIC WORKS DIVISION OF ENVIRONMENTAL SERVICES TO: Members of the Board of Public Works Michael Schmidt, Assistant City Attorney Public Works Theresa Heffner, Clerk of the Board of Public Works FROM: Jacob M. Klosinski, P.E., Assistant City Engineer SUBJECT: Agenda Request – Professional Service – Pinnacle Engineering, Inc. RIN Generation Third-Party Engineering Review (PR-00037526) DATE: November 19, 2024 The Division of Engineering and Division of Wastewater recommend the Board of Public Works approval of a Professional Services Agreement with Pinnacle Engineering, Inc. to provide engineering services for the review of the RIN Generation Process, instrumentation and controls at the Wastewater Treatment Plant. The Third-Party Engineering Report is a requirement of the renewable fuels requirements per the US EPA in accordance with 40 CFR 80.1450(b)(2). Pinnacle Engineering, Inc. will develop and complete the Third-Party Engineering Report for the City of South Bend, Indiana. The report will be filed with the US EPA in accordance with the January 31, 2025, certification renewal deadline. This contract is a lump sum, not to exceed price. The total cost for services is $9,250.00 inclusive of site visit, engineering services, report development and travel expenses. Funding: Account 641-06-605-514-439001 Other Contractual Services. Funding for this project is provided through Sewage Works– Wastewater, Account 641- 06-605-514-439001. For questions regarding the subject Agenda Request, contact Jacob M. Klosinski (Ext. 9496) at the Division of Engineering. November 21, 2024 Proposal of Professional Services Renewable Fuel Standard Third Party Engineering Review Prepared For: City of South Bend Utilities 1316 West Jefferson Blvd. South Bend, IN 46601 Prepared By: Pinnacle Engineering 12107 Anne Street Omaha, Nebraska 68137 Pinnacle Proposal Number: IO20246945 1 Proposal of Professional Services November 21, 2024 Mr. Jacob Klosinski City of South Bend Utilities IO20246945 Proposal Letter Mr. Jacob Klosinski City of South Bend Utilities 1316 West Jefferson Blvd. South Bend, IN 46601 RE: Proposal of Professional Services – Renewable Fuel Standard Third Party Engineering Review Pinnacle Project No.: IO20246945 Dear Mr. Jacob Klosinski: Pinnacle Engineering, Inc. (Pinnacle) is pleased to present City of South Bend Utilities (South Bend Utilities) this proposal of professional services for a Third-Party Engineering Review three-year update (hereafter, referred to as “ER”) as required by the Renewable Fuel Standard (RFS), 40 CFR Part 80, for South Bend Utilities, located in South Bend, IN. The following paragraphs provide details regarding the scope and costs of the proposed services. Scope of Proposed Services Pinnacle is proposing to provide an independent ER, written report, and verification of the registration requirements of the RFS. Pinnacle will prepare a report based upon a site visit conducted by a Professional Engineer (PE) to review relevant documents in support of the requirements of 40 CFR 80.1450(b)(1). The report will describe how the independent third party evaluated the accuracy of the registration information provided to the EPA, whether or not the independent third party agrees with the information provided and will identify any exceptions between the independent third party’s current findings and the EPA facility’s fuel registration. A draft report will be prepared for South Bend Utilities to review after the site visit has been completed. When all revisions have been made, Pinnacle will provide South Bend Utilities with an electronic copy of the EPA submitted report once the report is submitted on EPA’s central data exchange (CDX) site. Pinnacle will maintain a copy of the report and records pertaining to the EPA verification for a period of five years as required by the RFS rule. 2 Proposal of Professional Services November 21, 2024 Mr. Jacob Klosinski City of South Bend Utilities IO20246945 The list below contains some of the key items from 40 CFR 80.1450(b)(1) that will be included in the review and verification process: (i) A description of the type(s) of renewable fuel produced. (ii) A list of all feed stocks intended for used in the process, without significant modification. (iii) A description of the process. (iv) A simple process flow diagram with all relevant process steps or equipment required to produce the renewable fuel. (v) A list of co-products produced with each renewable fuel. (vi) A list of process energy inputs (natural gas, electricity, etc), with the name and address of the company supplying the fuel. (vii) Facility’s renewable fuel production capacity. (viii) Copies of applicable air permits. (ix) Copies of documents demonstrating the facility’s actual peak capacity. (x) Copies of documents demonstrating the facility’s nameplate capacity. (xi) Evidence demonstrating that construction commenced within grandfathering time periods (if applicable). (xii) Records relevant to generation of RINs for producers providing or using biogas as part of their operation or providing biogas or renewable electricity to transportation fuel facilities. (xiii) Records for producers of renewable fuels made from separated food waste, municipal solid waste, or separated yard waste. (xiv) Records from co-product sales or disposal. Additionally for three-year updates, EPA is requiring the third-party engineering review to include a detailed review of the calculations used to determine the volume of RINs generated. (xv) Records of volume of renewable fuel produced in the past three years; 2022, 2023, and 2024. (xvi) Records of the volume of RINs generated in the past three years; 2022, 2023, and 2024. (xvii) A description of how the volume of RINs is determined and the how the temperature compensation is calculated. 3 Proposal of Professional Services November 21, 2024 Mr. Jacob Klosinski City of South Bend Utilities IO20246945 After Pinnacle gains access to South Bend Utilities’ registration information and to reduce costs and speed up the review process, Pinnacle will issue a site-specific Request for Information (RFI) prior to arriving onsite. The RFI will contain a list of items South Bend Utilities should prepare for review and provide a copy to Pinnacle as part of the onsite inspection. The list is largely based upon the items identified above and may also include Piping and Instrumentation Diagrams (P&ID) to ensure that the PE has sufficient information during the site visit. Site Visit Requirements The Professional Engineer will conduct the site visit to verify the listed items above and complete the report. The Professional Engineer is required to take digital photographs of the process equipment listed as necessary to produce the renewable fuel and certify that all process unit connections are in place and functioning during the site visit. The digital photographs need to include a date/time stamp and geographic coordinates along with a description of what is included in the photograph. The digital photograph requirement maybe waived due to safety concerns, but EPA may not accept a registration if EPA is unable to determine if the facility is capable of producing the renewable fuel due to lack of sufficient digital photography. Deliverable • At the conclusion of the project, Pinnacle will submit a complete third-party engineering review through EPA’s CDX portal in accordance with EPA procedures. • South Bend Utilities will receive a complete report including the copy of record and confirmation of EPA’s receipt of the report. Schedule • Pinnacle proposes to complete the site visit and report on a schedule agreeable with South Bend Utilities. The current expectation is to complete the site visit before the end of the 2024 calendar year. Cost of Proposed Services Pinnacle is proposing to complete the scope of work defined above on a fixed fee basis for a total cost of $9,250. This cost includes all professional services, expenses, and administrative costs. 4 Proposal of Professional Services November 21, 2024 Mr. Jacob Klosinski City of South Bend Utilities IO20246945 Closing If, for some reason, this proposal does not address all South Bend Utilities’ needs, please allow Pinnacle the opportunity to update this proposal to better reflect your requirements. This Agreement, including the attached General Conditions, constitutes the entire understanding between South Bend Utilities and Pinnacle Engineering. Any modifications to this Agreement shall be in writing and signed by authorized representatives for the parties. To accept this Proposal please sign the authorization below. Pinnacle will proceed with this work upon receipt of your written approval. If you have any questions or wish to discuss any particular aspect of the project, please contact me at (402) 889-6152. We look forward to being of service to you and your organization. Sincerely, PINNACLE ENGINEERING, INC. Authorized By: City of South Bend Utilities By: _____________________________________ Matthew Henry Name: _________________________________ Senior Chemical Engineer Date: __________________________________ November 26, 2024 Terms and Conditions November 21, 2024 Pinnacle Engineering, Inc. Terms and Conditions Agreement Pinnacle Proposal No.: IO20246945 Page 1 of 8 TERMS AND CONDITIONS PINNACLE ENGINEERING, INC. Article I - Definitions I.1 “Below Ground” means below the surface of the land. I.2 “Client” means the party or parties who enters into this Terms and Conditions Agreement (“Agreement”) with Pinnacle. I.3 “Owner” means the owner of the Site. I.4 “Parties” means Pinnacle and Client, or each of them in the singular. I.5 “Pinnacle” means Pinnacle Engineering, Inc. I.6 “Project” means the project that Pinnacle contributes the Work to at a Site. I.7 “Report” means a compilation of information including but not limited to; research, sample analysis, testing, and discovery. I.8 “Site” means the location(s) of where the agreed Work is to be performed. I.9 “Work” means the work that Pinnacle is to perform pursuant to the attached Scope of Work. I.10 “Scope of Work” means a document prepared by Pinnacle and approved by Client describing the Work that Pinnacle is to perform, including the scope of services, the estimated time schedule for performance of the Work, and the estimated charges and/or schedule of fees agreed upon by Pinnacle and Client. The Scope of Work may be in the form of a formal proposal, work plan, or response to Client’s Request for Proposal. Article II - Professional Services, Compensation and Information II.1 Pinnacle will perform services as defined in this Agreement and the Scope of Work. Client agrees to pay for said services pursuant to this Agreement. II. 2 Pinnacle will provide professional services only to the extent specifically required by this Agreement for the Work or if Pinnacle otherwise needs to provide such services in order to carry out Pinnacle’s responsibilities for construction means, methods, techniques, sequences and procedures. Pinnacle will not be required to provide professional services in violation of applicable law. Pinnacle will cause such services to be provided by a properly licensed design professional (persons or entities duly licensed to practice their professions as required in the jurisdiction where the Project is located), whose signature and seal will appear on all drawings, calculations, specifications, certifications, shop drawings and other submittals prepared by such professional. Shop drawings and other submittals related to the Work designed by such professional, if prepared by others, will bear such professional’s written approval when submitted to Client. Terms and Conditions November 21, 2024 Pinnacle Engineering, Inc. Terms and Conditions Agreement Pinnacle Proposal No.: IO20246945 Page 2 of 8 II.3 Client will make available to Pinnacle all known information regarding existing and proposed conditions or requirements which affect the Work to be performed. Client agrees to make available and transmit to Pinnacle any new or additional information about the Site which becomes available to it or its subcontractors, which differs from previously submitted information to Pinnacle. II.4 Client will provide a representative to answer questions about the Project when required by Pinnacle. If the Work to be performed requires the presence of Pinnacle personnel on the Site, Client, on 24 hours written notice, will provide a representative at the Site to supervise or coordinate the Work. Article III - Site Location, Access, Demarcation, Rights of Passage, Easements, Utilities III.1 Client will provide to Pinnacle, by way of survey or otherwise, the location of all of the property lines for the Site and the location of any easements encumbering the Site. Client is solely responsible for the accuracy of the provided property line and easement locations. III.2. Client will provide for right-of-entry and access to the Site for all Pinnacle personnel, contractors and subcontractors and for whatever equipment that is reasonably necessary to complete the Work. III.3 Client will be solely responsible for applying for and obtaining all permits, as are required by local, state or federal regulations to allow for the performance of the Work by Pinnacle. III.4 Client will provide suitable work space at the Site for Pinnacle personnel to perform the Work. Client also will make every effort to provide assistance, when requested by Pinnacle, to facilitate the progress of the Work without interference or delay. III.5 Client will be responsible for identifying any and all Below Ground structures, including but not limited to, utilities, pipes, tanks, and natural geologic formations. Client will provide the location of all Below Ground structures prior to commencement of the Work by Pinnacle. Pinnacle will provide public and private utility locating services to be performed to generally recognized industry standard. Pinnacle will take reasonable precautions to avoid damage to all Client located and identified Below Ground structures. Article IV – Payment IV.1 Client will compensate Pinnacle for services provided at the amounts or rates set forth in the attached Scope of Work. Unless otherwise provided, Client will pay or reimburse Pinnacle for all state and local sales, use or excise taxes of any kind assessed on the services provided hereunder. Terms and Conditions November 21, 2024 Pinnacle Engineering, Inc. Terms and Conditions Agreement Pinnacle Proposal No.: IO20246945 Page 3 of 8 IV.2 Client agrees that all original documents, in written form, electronic form or by other means, prepared by Pinnacle as part of the Work covered by this Agreement and the attached Scope of Work remain the property of Pinnacle. IV.3 Client agrees that all tangible work furnished pursuant to this Agreement and the attached Scope of Work that is not timely paid for will be returned immediately to Pinnacle upon written demand. Any tangible work returned to Pinnacle for failure of payment will not thereafter be used by Client for any purpose. IV.4. Full payment on invoices submitted by Pinnacle to Client for work performed is due within 30 days from the date of the invoice. Client agrees that if its account is referred by Pinnacle to an attorney or collection agency for collection, Client will pay to Pinnacle all costs of collection, including reasonable attorney fees. Article V – Indemnification and Defense V.1. Client will defend, indemnify and hold harmless Pinnacle from and against all claims, damages, losses and expenses, including but not limited to attorney fees, arising out of, resulting from or in any manner connected with the Project or the performance or nonperformance of this Agreement or the Work. Immediately upon written demand from Pinnacle, Client agrees to defend, indemnify and save harmless Pinnacle from all such claims including, without limiting the generality of the foregoing, claims for which Client may be or claimed to be liable, and legal fees and disbursements paid or incurred to enforce the provisions of this paragraph. Unless otherwise stated herein, the indemnity set forth herein will apply only to the extent that the underlying injury, loss or damage is attributable to any liability, act or omission, negligent or otherwise, including breach of a specific contractual duty or breach of a applicable law, ordinance, code, rule or other governmental regulation, of or by Client, Owner or any of the independent contractors, agents, employees or delegates of Client or Owner (other than Pinnacle). V.2 Client specifically agrees that Pinnacle will not be liable for any advice, judgment or decision based on any inaccurate information furnished by Client, Owner or other contractors and/or subcontractors engaged by and/or for Client or Owner. Client agrees the indemnity and defense obligations to Pinnacle (as stated in this Article) regarding such matters will apply regardless of whether the underlying injury, loss or damage is attributable to any liability, act or omission, negligent or otherwise, including breach of a specific contractual duty or breach of a applicable law, ordinance, code, rule or other governmental regulation, of or by Client, Owner or any of the independent contractors, agents, employees or delegates of Client or Owner (other than Pinnacle). Terms and Conditions November 21, 2024 Pinnacle Engineering, Inc. Terms and Conditions Agreement Pinnacle Proposal No.: IO20246945 Page 4 of 8 Article VI – Disclosure of Information and Required Reporting VI.1 Pinnacle will, within a reasonable time, inform Client of information of which Pinnacle becomes aware during the course of the Work that Pinnacle believes Client may be obligated to report to a regulatory agency or body in conformance with law, ordinance, code, rule or other governmental regulation. VI.2 Any report by Pinnacle of a known or suspect environmental contamination will be directed to Client in writing. Unless required by applicable law, ordinance, code, rule or other governmental regulation, Pinnacle will not make any report to any regulatory agency or body without prior written direction from Client. VI.3 Unless required by applicable law, ordinance, code, rule or other governmental regulation, Pinnacle will not disclose its findings to anyone other than Client without written authorization from Client. VI.4 Client may be required by law, ordinance, code, rule or other governmental regulation, to submit to local, state or federal agencies information regarding the Site which is discovered during the course of Work performed under this Agreement and the Scope of Work. Client agrees to comply with all such reporting requirements. VI.5 Client agrees that any report(s) submitted by Pinnacle concerning findings and discoveries at the Site, will always be referred to in its entirety. No portion of said report(s) will be separated for any purposes, without the written approval of Pinnacle. Pinnacle extends the right to unlimited reproduction of the report(s) to Client. Article VII – Mechanics Lien Client acknowledges and agrees that Pinnacle may hold rights to assert a mechanic’s lien against the Site if Pinnacle is not paid for the Work performed pursuant to this Agreement and the Scope of Work. Within five (5) working days of a written request for such information from Pinnacle, Client will provide to Pinnacle the name and address of the owner of the real property encompassing the Site and the name and address of the person or entity with whom Client has contracted for Client’s contribution of skill, materials or labor to the Project. Article VIII - Termination This Agreement may be terminated with or without cause, by either party, upon fifteen (15) calendar days’ prior written notice to the other party. Article IX – No Third Party Beneficiaries Client and Pinnacle represent and agree that there are no intended or implied third- party beneficiaries to this Agreement or the attached Scope of Work. The Parties Terms and Conditions November 21, 2024 Pinnacle Engineering, Inc. Terms and Conditions Agreement Pinnacle Proposal No.: IO20246945 Page 5 of 8 further agree that Pinnacle’s Work is not being prepared for or done for the benefit of any third party. Article X - Insurance Pinnacle will purchase and maintain workers compensation insurance in compliance with the laws of the state in which any part of the Work is to be performed. Pinnacle will also purchase and maintain commercial general liability insurance and commercial automobile liability insurance, with combined single limit coverage of at least $1,000,000 per occurrence. Pinnacle will provide Client with Certificates of Insurance upon written request of Client. Article XI – Dispute Resolution XI.1 The Parties will first attempt to resolve any claims or disputes arising from or relating to this Agreement or the Scope of Work through good-faith direct discussions of settlement. If good-faith direct discussions do not result in resolution of the matter within fifteen (15) days from the date of first discussion, the Parties will submit the matter to mediation. Mediation will be conducted through the current Construction Industry Mediation Rules of the American Arbitration Association (“AAA”), or the Parties may mutually agree to select another set of mediation rules and to select a mediator without the assistance of the AAA. Unless otherwise agreed by the parties, mediation will be convened within thirty (30) days of the date of first discussion and will conclude within forty-five (45) days of the date of first discussion. XI.2 Any remaining claim or dispute not resolved by settlement or mediation will, as Pinnacle in its sole discretion elects, be decided by litigation or by arbitration according to Construction Industry Arbitration Rules of the AAA currently in effect. XI.3 If either party is compelled to litigate or arbitrate a claim or dispute related to this Agreement or the Project, the prevailing party will be entitled to an award for costs and expenses, including reasonable attorney and expert fees. The parties waive any right to have the amount of reasonable attorney and expert fees determined by a jury. The parties can join all parties necessary to resolve the dispute. Pinnacle, in its sole discretion, may consolidate arbitration proceedings with other arbitration proceedings. Article XII – Consequential, Special or Punitive Damages IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES ARISING FROM DEATH, BODILY INJURY, OR PROPERTY OR ECONOMIC DAMAGE, INCLUDING LOST PROFITS. Terms and Conditions November 21, 2024 Pinnacle Engineering, Inc. Terms and Conditions Agreement Pinnacle Proposal No.: IO20246945 Page 6 of 8 Article XIII – Force Majeure Neither party will be responsible to the other party for any loss, damages or penalty resulting from delay in providing services or in the processing or delivery of any project or work assignment when such delay is due to causes beyond the reasonable control of the party in question, including but not limited to, labor unrest, utility interruptions, shortages, riots, insurrection, fires, flood, storm, earthquake, explosion, act of God, war, terrorism, or governmental action. In any such case, prompt written notice will be given by the affected party to the other of the existence of such cause and of readiness to resume performance. Article XIV -- Confidentiality XIV.1 The term “Confidential Information” means: (i) any information about a Party’s employees, training materials, marketing techniques, price lists, pricing policies, scripts, business methods, product specifications, and customers and suppliers and contracts and contractual relations with such Party’s customers and suppliers. Confidential Information also includes any information described in this paragraph which the Party obtains from another person or entity which the Party treats as proprietary or confidential information or designates as such, whether or not owned or developed by such Party; and (ii) any other confidential or proprietary information which is disclosed pursuant to this Agreement. Confidential Information is intended, in accordance with the terms of this Article, to be construed in its broadest possible meaning, and includes all such information in any and all forms, whether written, oral, on a computer, tape, chip, disk, system, network or the like, whether or not fixed in tangible form, originals, summaries, portions, and copies of any and all such information XIV.2 The Party receiving Confidential Information (the “Receiving Party”) of the other Party (the “Disclosing Party”) will not (and will not permit its employees, consultants, agents and representatives to) disclose Confidential Information of the Disclosing Party to third parties, or use Confidential Information of the Disclosing Party for any purpose other than performing the Services without the express, prior written consent of the Disclosing Party. The Receiving Party’s obligation with respect to the Confidential Information of the Disclosing Party (except to the extent that such Confidential Information is composed of the Disclosing Party’s trade secrets) will expire five (5) years after the Work is completed. Each Party’s obligation with respect to trade secrets of the other Party will survive any termination of this Agreement for so long as such information is kept by the Disclosing Party as a trade secret. XIV.3 All Confidential Information and any Derivatives (as defined below) thereof, whether the Derivative was created by the Disclosing or Receiving Party, will remain Terms and Conditions November 21, 2024 Pinnacle Engineering, Inc. Terms and Conditions Agreement Pinnacle Proposal No.: IO20246945 Page 7 of 8 the property of the Disclosing Party and no license or other rights to such Confidential Information or Derivatives is granted or implied by this Agreement. This Agreement does not entitle any Party or any other person or entity to incorporate or use (with respect to its operations, advertising, marketing or, in any other manner) any trademarks, trade names, service marks, service names, logos, technology, software, or any other technology or intellectual property rights of the other Party or its clients. For purposes of this Agreement, “Derivatives” will mean (a) for copyrightable or copyrighted material, any translation, abridgement, revision or other form in which an existing work may be recast, transformed or adapted; (b) for patentable or patented material, any improvement thereon; and (c) for material that is or may be subject to protection as a trade secret, any new material derived from such material, including new material which may be protected by copyright, patent, or trade secret or other proprietary rights. XIV.4 In the event that the Receiving Party is required by interrogatories, requests for information or documents, subpoena, civil investigative demand or similar process of a competent authority to disclose any Confidential Information of the Disclosing Party, the Receiving Party will provide the Disclosing Party with prompt, prior written notice of such request or requirement so that the Disclosing Party may seek an appropriate protective order. If, in the absence of a protective order, the Receiving Party is nonetheless, in the written opinion of its legal counsel, so compelled to disclose such Confidential Information, the Receiving Party may disclose only that portion of such Confidential Information that the Receiving Party is advised by its legal counsel is so legally compelled and will exercise reasonable efforts to obtain assurance that the Confidential Information will receive confidential treatment. XIV.5 Notwithstanding the obligations set forth herein, the obligations of the Parties pursuant to this Article will not extend to information that: (i) was previously known to the Receiving Party free of any obligation to keep confidential and free of any restriction on use or disclosure; (ii) is received from third persons without restrictions on use or disclosure and without breach of any agreement with the Disclosing Party; (iii) is or becomes readily available from public access sources which are not subject to any restrictions on use or disclosure; or (iv) is approved for release by prior written authorization of the Disclosing Party. Article XV - Entire Agreement and Governing Law XV.1 This Agreement, together with documents comprising the attached Scope of Work, represent the entire agreement between Pinnacle and Client and supersede all prior written, or oral agreements. Any terms or conditions, prior course of dealings, course of performance, usage of trade, understanding, purchase order, or agreements purporting to modify, vary, supplement or explain any provision of this Agreement is Terms and Conditions November 21, 2024 Pinnacle Engineering, Inc. Terms and Conditions Agreement Pinnacle Proposal No.: IO20246945 Page 8 of 8 null and void and of no effect unless in writing signed by representatives of both parties authorized to amend this Agreement. XV.2 This Agreement is to be governed by and interpreted in accordance with the laws of the State of Indiana, without regard to the conflicts of laws or principles thereof. THE PARTIES TO THIS AGREEMENT EXPRESSLY STIPULATE AND AGREE THAT THE STATE OR FEDERAL COURTS LOCATED IN FORT WAYNE, INDIANA WILL BE THE EXCLUSIVE JURISDICTION AND VENUE FOR THE LITIGATION OF ANY DISPUTE ARISING WITH RESPECT TO THIS AGREEMENT. CLIENT: City of South Bend Utilities By: (sign) Name: (print) Title: Date: Client P.O. No.: PINNACLE ENGINEERING, INC. By: Name: Jeff Melby Title: Senior Vice President Date: October 24, 2024 November 26, 2024 Pinnacle Engineering, Inc. www.PinEng.com MHenry@pineng.com 402 889-6152 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date: 11-19-2024 Name: Jacob M. Klosinski Department of Public Works – Engineering Division BPW Date: 11-26-2024 Phone Extension: 9496 Required Prior to Submittal to Board BPW Attorney X Attorney Name Michael Schmidt Dept. Attorney Attorney Name Michael Schmidt Purchasing Mickey Lovy / Ron O'Connor Check the Appropriate Item Type – Required for All Submissions Professional Services Agreement Contract Proposal Open Market Contract Amendment/Addendum Special Purchase, QPA Bid Opening Bid Award Req. to Advertise Title Sheet Quote Opening Quote Award Reject Bids/Quotes Proposal Opening C/O & PCA No. PCA Chg. Order, No. Traffic Control Resolution Other: Ease./Encroach Required Information Company or Vendor Name Pinnacle Engineering, Inc. (V-00007506) New Vendor Yes If Yes, Approved by Purchasing No MBE/WBE Contractor MBE WBE Completed E-Verify Form Attached Yes No Project Name CNG-RIN Generation Third-Party Engineering Review Project Number PR-00037526 Funding Source Sewage Works Operations – Wastewater Account No. 641-06-605-514-439001 Other Contractual Services Amount $9,250.00 Terms of Contract Lump Sum Price Special Contract Provisions None Purpose/Description The Division of Engineering and Division of Wastewater recommends the Board of Public Works approval of a professional services agreement with Pinnacle Engineering, Inc. to provide CNG-RIN Generation Third-Party Engineering Review and report submission to US EPA. See Memo for detail. For Change Orders Only Amount of Increase Decrease $ ($ ) Previous Amount $ Current Percent of Change: Increase Decrease % ( %) New Amount $ Total Percent of Change: Increase Decrease % ( %) Time Extension Amount: New Completion Date: