HomeMy WebLinkAboutContracts & Agreements_130-2012_CCv0001.pdf AGREEMENT TO PERFORM LANDFILL GAS COLLECTIONT
CONSULTING SERVICES FOR THE CITY OF REDLANDS
This agreement for the provision of consulting services associated with the operation of
the City of Redlands' landfill gas collection system ("Agreemenf) is made and entered into this
23'd day of July, 2012 ("Effective Date"), by and between the City of Redlands, a municipal
corporation ("City") and GC Environmental, Inc. ("Consultant"). City and Consultant are
sometimes individually referred to herein as a "Party" and, together, as the "Parties," In
consideration of the mutual promises contained herein, City and Consultant agree as follows:
ARTICLE I - ENGAGENIENT OF CONSULTANT
1.1 City hereby engages Consultant to provide technical evaluation and design services for
the landfill gas collection system at the California Street Landfill for the City of Redlands
(the"Services").
1.2 The Services shall be performed by Consultant in a professional manner, and Consultant
represents that it has the skill and the professional expertise necessary to provide the
Services to City at a level of competency presently maintained by other practicing
professional consultants in the industry providing like and similar types of Services.
ARTICLE 2 -SERVICES ) CON'' LTANT
2.1 The Services that Consultant shall perform are more particularly described in Exhibit
"A."entitled"Scope of Services,"which is attached hereto and incorporated herein by
reference.
2.2 Consultant shall comply with applicable federal, state and local laws and regulations in
the performance of this Agreement including,but not limited to,the Americans with
Disabilities Act,the Fair Employment and Housing Act and prevailing wage laws.
ARTICLE 3 -RESPONSIBILITIES OF CITY
-1s I City shall make available to Consul information in its possession that may assist
Consultant in perfortning the Services.
3.2 City designates GC Environmental, as City's representative with respect to perforniance
of the Services,and such person shall have the authority to transmit instructions,receive
infon-nation, interpret and define City's policies and decisions with respect to
performance of the Services.
ARTICLE 4- PERFORMANCE OF SL fC�S
4,1 Consultant shall perform and complete the Services in a prompt and diligent manner,and
within ninety(90)days of the Effective Date of this Agreement.
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4.2 During the to of this Agreement City may request that Consultant perform Extra
Services.As used herein,"Extra Services"means any work that is determined neces&iry
by City for the proper completion of the Services,but which the Parties did not
reasonably anticipate would be necessary at the time of execution of this Agreement.
Provided the Extra Services do not exceed twenty percent(20%)of the compensation to
be paid by City to Consultant for the Services, such Extra Services may be agreed to by
the Parties by written amendment to this Agreement,executed by a duty authorized City
official in accordance with Chapter 2.16 of the Redlands Municipal Code.Consultant
shall not perform, nor be compensated for, Extra Services without such written
authorization from City.
ARTICLE J-:-PAYMENTS TG C€�NSULTANT
51 The total compensation for Consultant's performance of the Ser xices shall be in the
amount of Nineteen Thousand Two Hundred Thirty Dollars ($19,230). City shall pay
Consultant the fixed amounts identified in Exhibit "A" for each respective task
comprising the Services.
5 2 Consultant shall submit monthly invoices to City describing the work performed during
!he preceding month. City shall pay Consultant no later than thirty (30)days after receipt
and approval by City of Consultant's invoice.
5.1 All notices shall be given in writing by personal delivery or by mail. Notices sent by
mail should be addressed as follows:
cita Consultant
Danielle Garcia Dean R. Stanphill,PE,GE,REA
Quality of Life Department President
City of Redlands GC Environmental, Inc.
35 Cajon Street, Suite 222 1230 N. Jefferson Street, Suite J
P.O.Box 3005 (mailing) Anaheim, CA 92807
Redlands, CA 92373
When so addressed, such notices shall be deemed given upon deposit in the United States Mail.
Charges may be made in the names and addresses of the person to whom notices and payments
are to be given by giving notice pursuant to this section 5.3.
1 TICLE 6 -INSURANCE ANIQ INDEMNIFICATION
6,1 Insurance required by this Agreement shall be maintained by Consultant for the duration
of its performance of the Services.Consultant shall not perform any Services unless and
until required insurance listed below is obtained by Consultant.Consultant shall provide
City with certificates of insurance and endorsements evidencing such insurance prior to
commencement of the Services. Insurance policies shall include a provision prohibiting
cancellation or modification of the policy except upon thirty(30)days prior written
notice to City;provided, however,the policies shall allow for ten (10)days notice for
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cancellation to City due to non-payment of premium.
6.2 Consultant shall secure and maintain Workers' Compensation and Employer's Liability
insurance throughout the duration of its performance of the Services in accordance with
the laws of the State of California,with an insurance canier acceptable to City as
described in Exhibit "13,"entitled"Workers' Compensation Insurance Certification,"
which is attached hereto and incorporated herein by this reference.
6.3 Consultant shall secure,and maintain in force throughout the term of this Agreement
comprehensive general liability insurance with carriers acceptable to City.Minimum
coverage of One Million Dollars($1,000,000)per occurrence and Two Million Dollars
($2,000,000)aggregate for public liability, property damage and personal injury is
required-City shall be named as an additional insured and the insurance policy shall
include a provision prohibiting modification of cover-age limits or cancellation of the
policy except upon thirty(30)days prior written notice to City. Such insurance shall be
primary and non-contributing to any insurance or self-insurance maintained by City.
Certificates of insurance shall be delivered to City prior to commencement of the
Services.
6.4 Consultant-shall have business auto liability coverage,with minimum limits of One
Million Dollars($1,000,000)per occurrence,combined single limit for bodily injury
liability and property damage liability.This cover-age shall include all Consultant owned
vehicles used in connection with Consultant's provision of the Services,hired and non-
owned vehicles,and employee non-ownership vehicles. City shall be named as an
additional insured and a certificate of insurance and endorsement shall be delivered to
City prior to commencement of the services. Such insurance shall be primary and non-
contributing to any insurance or self insurance maintained by City.
6.5 Consultant shall defend, indemnify and hold harmless City and its elected officials,
employees and agents from and against any and all claims, losses or liability, including
attorneys' fees,arising from injury or death to persons or damage to property occasioned
by and negligent act,omission or failure to act by Consultant, its officers,employees and
agents in perform ing the Services.
ARTICLE 7-CONFLICTS OF LNTEREST
7.1 Consultant covenants and represents that it does not have any investment or interest in
any real property that may be the subject of this Agreement or any other source of
income, interest in real property or invesLment that would be affected in any manner or
degree by the performance of Consultant's Services.Consultant ftuther covenants and
represents that in the performance of its duties hereunder, no person having any such
interest shall perform any Services under this Agreement.
7.2 Consultant agrees it is not a designated employee within the meaning of the Political
Reform Act because Consultant-
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A.Does not make or participate in:
(i)the making or any City governmental decisions regarding approval of a rate,
rule or regulation,or the adoption or enforcement of laws;
(ii)the issuance,denial, suspension or revocation of City permits,licenses,
applications,certifications, approvals, orders or similar authorizations or entitlements;
(iii)authorizing City to enter into,modify or new a contract;
(iv)granting City approval to a contract that requires City approval and to which
City is a party,or to the specifications for such a contract;
(v)granting City approval to a plan,design, report, study or similar item;
(vi)adopting,or granting City approval of,policies, standards or guidelines for
City or for any subdivision thereof
B. Does not serve in a staff capacity with City and in that capacity,participate in
making a governmental decision or otherwise perform the same or substantially the s
duties for City that would otherwise be performed by an individual holding a position
specified in City's Conflict of Interest Code under Government Code section 87302.
7.3 In the event City officially determines that Consultant must disclose its financial interests
by completing and filing a Fair Political Practices Commission Form 700, Statement of
Economic Interests.Consultant shall file the subject Form 700 with the City Clerk's
office pursuant to the written instructions provided by the Office of the City Clerk.
ARTICLE.8 -G_E_NER.ALCQ_NSID.ERAT.10NS
8.11 In the event any action is commenced to enforce or interpret any of the terms or
conditions of this Agreement the prevailing Party shall, in addition to any costs and other
relief, be entitled to the recovery of its reasonable attorneys' fees, including fees for the
use of in-house counsel by a Party.
8.,) Consultant shall not assign any of the Services,except with the prior written approval of
City and in strict compliance with the terms, and conditions of this Agreement.
8.3 Project related documents, records,drawings,designs,cost estimates-,electronic data
files,databases and any other documents developed by Consultant in connection with its
performance of the Services,and any copyright interest in such documents, shall become
the property of City and shall be delivered to City upon completion of the Services-,or
upon the request of City.Any reuse of such documents, and any use of incomplete
documents, shall be at City's sole risk.
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8.4 Consultant is for all purposes under this Agreement an independent contractor and shall
perform the Services as an independent contractor.Neither City nor of its agents shall
have control over the conduct of Consultant or Consultant's employees,except as herein
set forth.Consultant shall supply necessary tools and instrumentalities required to
perform the Services.Assigned personnel employed by Consultant are for its account
only,and in no event shall Consultant or personnel retained by it be deemed to have been
employed by City or engaged by City for the account of,or on behalf of City.Consultant
shall have no authority,express or implied,to act on behalf of City in any capacity
whatsoever as an agent,nor shall Consultant have any authority,express or implied,to
bind City to any obligation.
8.5 Termination.
A.Unless earlier terminated as provided for be-low,this Agreement shall terminate upon
completion and acceptance of the Services by City.
B.This Agreement may be terminated by City, in its sole discretion,by providing thirty
(30)days prior written notice to Consultant(delivered by certified mail,return receipt
requested)of City's intent to terminate.
C.If this Agreement is terminated by City, an adjustment to Consultant's compensation
shall be made,but(1)no amount shall be allowed for anticipated profit or unperformed
Services,and(2)any payment due Consultant at the time of termination may be adjusted
to the extent of any additional costs to City occasioned by any default by Consultant.
D.Upon receipt of a termination notice,Consultant shall immediately discontinue its
provision of the Services and,within five(5) days of the date of the termination notice,
deliver or otherwise make available to City,copies(in both hard copy and electronic
form,where applicable)of project related data, design calculations,drawings,
specifications,reports,estimates,summaries and such other information and materials as
may have been accutnulated by Consultant in performing the Services.Consultant shall
Ire compensated on a pro-rata basis for Services completed up to the date of termination.
8.6 Consultant shall maintain books, ledgers, invoices,accounts and other records and
documents evidencing costs and expenses related to the Services for a period of three (3)
years,or for any longer period required by law, from the date of final payment to
Consultant pursuant to this Agreement. Such books shall be available at reasonable times
for examination by City at the office of Consultant.
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8.7 This Agreement, including the Exhibit incorporated herein by reference,represents the
entire agreement and understanding between the Parties as to the matters contained
herein,and any prior negotiations,written proposals or verbal agreement--relating to such
matters are superseded by this Agreement. Except as otherwise provided for herein, an
amendment to this Agreement shall be in writing,approved by City and signed by City
and Consultant.
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U This Agreement shall be governed by and construed in accordance with the laws of the
State of California.
8.9 If one or more of the sentences,clauses, paragraphs or sections contained in this
Agreement is declared invalid,void or unenforceable by a court of competent
Jurisdiction,the s shall be deemed severable from the remainder of this Agreement
and shall not affect, impair or invalidate the remaining sentences,clauses,paragraphs or
sections contained herein,unless to do so would deprive a Party of a materialbenefit of
its bargain under this Agreement.
IN WITNESS AMEREOF,duly authorized representatives of the City and Consultant have
signed in confirmation of this Agreement.
CITY OF REDLANDS GC ENVIRONMENTAL, INC.
By: By:
Tina T.Kundig C—) De R. phill, sident
Finance Director/City Treasurer GC Environmental, Inc.
A'fTEST:
Sam I inq i lerk
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SCOPE SERVICES'
Exhibit A
Scope of Services GC ENVIRONMENTAL,INC.
GC Environmental, Inc. (GCE) and Geo-Logic Associated (GCA) strive to work hand-in-hand with the City
of Redlands during all aspects of the project. It is important to have a team approach as both GCE and
the City of Redlands will have to work closely to solve concerns as they arise. The relationship is also
important so that GCE can bring up potential issues to the City of Redlands such that, together, a cost-
effective approach can be determined. GCE has extensive experience with landfill gas collection systems
and will be successful and efficient at completing all of the tasks required in the RFP.An outline of these
tasks is provided in greater detail below.
Task 1:Visual Inspection
GCE shall identify components that should be replaced due to physical deterioration, identify missing
components, and develop a physical and aesthetic description of the system. The flowing components
shall be included in the inspection:
• Headers
• Sumps
• Laterals
• Wellheads
• Valves
• All other visually accessible components
As shown on the schedule presented in Section B, this is the first task that we will complete. It is
anticipated that this task will be completed in the first week of the project and will be conducted
primarily by highly experienced field staff.
For our work, we will require that the City of Redlands provide us with as-built maps showing the
location of all structures. We will annotate this map as required to depict other visible structures that
may not be shown. For each structure,we will generate a separate sheet that will show the following:
• Structure Name
• GPS Coordinates
• Picture
• Condition(physical and aesthetic description)
• Estimated Life
• Whether it is Repairable or needs to be Replaced
Task 2:Survey of the Collection System
GC Environmental, Inc. 2012 1
GCE shall retain the services of a site surveyor to provide shots of important collection system
components including pipe junctions,reducers,flanges,valves,well,and sumps.
During our survey work, we will look at existing as-built maps that shall be provided by the City of
Redlands. We will attempt to resolve any conflicts or omissions in the field. It would be advantageous
to have someone knowledgeable with the landfill available during our survey work to assist in finding
structures that may not be obvious or lost.
The map will be presented in a format and at a scale acceptable to the City of Redlands. The base map
will be provided by others,
Task 3:Piping System and Wellhead Monitoring
GCE shall gather the raw data necessary to identify leaks, blockages, and restrictions in the piping
system,and the performance of the wells.GCE has developed tools that can be used to quantify landfill,
gas flow by measuring surface emissions. GCE shall measure the flow rate in all wells and at all critical
locations in the piping system and shall install test ports at wellheads and at selected critical locations in
the piping system,and measure the following parameters:
• Methane concentration(%v)
• Carbon Dioxide(%v)
Oxygen(%v)
Gauge Pressure(inches water column)
Gas Temperature(*F)
GCE will compile this data into a data base so that future trends in gas emissions can easily be identified.
We will create a map that will have the results of all gas monitoring visually presented.This work will be
conducted primarily by field staff.
Task4-Data Analysis
Using the data obtained from Tasks 2 and 3, GCE shall isolate leaks, blockages, and restrictions in the
piping system and identify wells that are underperforming due to excessive air infiltration, flow
restrictions,or poor gas quality.The following parameters shall be quantified:
• Expected and actual pressure drop between pipe and sample points
• Volumetric oxygen infiltration between pipe sample points
• Volumetric oxygen and residual nitrogen infiltration associated with each
• Locations of adverse grades between survey points in the piping system
Locations of undersized pipe segments
This portion of the work will be performed by our office staff,under the direction of Mr.Richard Prosser,
PE, Mr. Prosser has over 30 years In the landfill gas industry and oversees the engineering for all
operations and maintenance projects performed by GCE.
GC Environmental,Inc. 2012 2
Task S.Report of the Findings
GCE shall present all of our findings in the form of a report.The report shall include work descriptions,
figures, tables, supporting calculations, and other relevant material. The report shall include the
following sections as required by the RFP:
• Executive Summary
• Introduction
• Field Activities
• Data Analyses
• Conclusions and Recommendations
• Maps Showing Locations of Structures(in Appendix)
• Maps Showing Gas Monitoring(in Appendix)
• Tabulated Gas Monitoring Results in Appendix)
• Inspection Reports for Structures(in Appendix)
Our conclusions and recommendations section will include the following:
• Tabulated List of Structures
• Recommendations on Repair or Replacement of Each Structure
• Recommended Schedule for System Upgrades(including rationale for all upgrades)
Alternatives and a weighted evaluation to allow the City of Redlands to prioritize
repairs/replacements
• Recommended items to be kept on-hand for small repairs
Task 6-Development of a Request for Bid Technical Scope of Work
GCE shall assist the City of Redlands in the creation of Request for Bid (RF8) documents. GCE shall
develop the technical scope of work that encompasses all necessary work and other recommendations
identified in the final report to upgrade, retrofit, and repair the City's current landfill gas extraction and
collection system. The engineering plans shall be included in the RF8 documents. Along with the
development of a technical scope of work, GCE shall also prepare a bid schedule that distinguishes the
entire scope of work into separate items. Included In the bid docurnents will be:
• Engineering Plans signed by a California Registered Civil Engineer
• Special Specifications,to include:
* Header Repair and/or replacement
* Sump Repair and/or Replacement
* Lateral Repair and/or Replacement
* Wellhead Repair arid/or replacement
* Valve Repair and/or Replacement
ci Other miscellaneous items
• Engineers Estimate of Repairs
GC Environmental,Inc. 2012 3
Our specifications will be congruent with the engineering plans so that the City of Redlands can expect
successful bidding.
GC Environmental,Inc. 2012
EXHIM '85
04)RKERS' COMPENSATION INSURANCE CERTIFICATION TO PEIFORT
T i ICI tNICAL EVALUATION AND DESIGN SERVICES FOR IMF-LANDFILL G kS
C") [XC1JON SYSTEM FOR THE CITY OFREDL_ NDS CAL
IFORNIA STRYTT
LANDFH,L
Every employer except the State, shall secure the payment of compensation in one or more ithc
following ways:
(a) By being insured against liability to pay compensation in one or more insurer duly
authori7ed to write compensation insurance in this State.
(b) By securing from the Director of Industrial Relations, a certificate of consent to
self-insure, either as an individual employer or as one employer in a group of
employers,which may be given upon furnishing proof satisfactory to the Director
of Industrial Relations of ability to self-insure and to pay any compensation that
may become due to his or her employees.
I am- aware of the provisions of Section 3700 of the Labor Code which requires every employer
bQ insured against liability for Workers' Compensation or to undertake self-insurance in
a,X01rc6ance, with the provisions of that Code, and I will comply with such provisions before
CA-Mnencing the performance of the work of this Agreement. Gabor Code§1861).
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13can Stanphill, President Date:
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