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HomeMy WebLinkAboutContracts & Agreements_69-1997_CCv0001.pdf AGREEMENT TO FURNISH LANDFILL GAS ENGINEERING AND MONITORING SERVICES FOR CALIFORNIA STREET LANDFILL This Agreement is made and entered into this 5th day of August, 1997 by and between the City of Redlands, a municipal corporation (hereinafter "City") and Gas Control Engineering, Inc., (hereinafter"Engineer"). In consideration of the mutual promises, covenants and conditions hereinafter set forth, City and Engineer hereby agree as follows: ARTICLE I - ENGAGEMENT OF ENGINEER 1.1 City hereby engages Engineer, and Engineer hereby accepts the engagement, to perform landfill gas engineering and monitoring services (the "Services*) for the City's California Street Landfill (the"Project"). 1.2 The Services shall be performed by Engineer in a professional manner, and Engineer represents that it has the skill and the professional expertise necessary to provide high quality Services for the Project at the level of competency presently maintained by other practicing professional consultants in the industry providing similar types of services. ARTICLE 2 - SERVICES OF CONSULTANT 2.1 The specific Services which Engineer shall perform are more particularly described in Attachment"A,"entitled"Scope of Work,"which is attached hereto and incorporated herein by this reference. ARTICLE 3 - RESPONSIBILITIES OF.CITY 3.1 City shall make available to Engineer information in its possession that is pertinent to the performance of Engineer's Services. 3.2 City will provide access to and make provisions for Engineer to enter upon City-owned property as required by Engineer to perform the Services. 3.3 City designates Valorie Shatvnski. Solid Waste Manager, and Elias Elbazin, Assistant Civil Engineer,to act as its representatives with respect to the Services to be performed under this Agreement. ARTICLE 4 - PERIOD OF SERVICE 4.1 Engineer shall perform the Services in a diligent manner and in accordance with the A:1t'-,2.a-,t schedule set forth in Attachment B. ARTICLE 5 - PAYMENTS TO THE CONSULTANT 5.1 The total compensation for Consultant's performance of the Services shall not exceed $73,511.00, in accordance with Attachment C - Fee and Cost Breakdown. City shall pay Consultant on a time and materials basis at the hourly rates shown in Attachment D - Fee Schedule. 5.2 Engineer shall bill City within ten days following the close of each month by submitting an invoice indicating the services performed, who performed the Services, indirect costs, and the detailed cost of all Services including backup documentation. Payments by City to Engineer shall be made within 30 days after receipt and approval of Engineer's invoice, by warrant payable to Engineer. 5.3 All contractual notices, bills and payments shall be made in writing and may be given by personal delivery or by mail. Notices,bills and payments sent by mail shall be addressed as follows: City Engineer Elias Elhazin, P.E., Assistant Civil Engineer Alan Janechek,P.E.,Vice President Municipal Utilities Department 1230 N. Jefferson Street 35 Cajon Street Suite J P. O. Box 3005 Anaheim, CA 92807 Redlands, CA 92373 When so addressed, such notices shall be deemed given upon deposit in the United States Mail. In all other instances,notices,bill and payments shall be deemed given at the time of actual delivery. Changes may be made in the names and addresses of the person to whom notices,bills, and payments are to be given by giving notice pursuant to this paragraph. ARTICLE 6 -INSURANCE AND INDEMNIFICATION 6.1 Engineer shall maintain worker's compensation insurance and, in addition., shall maintain injury,personal injury and insurance to protect City from claims for damage due to bodily I death, and claims for injury to or destruction of tangible property -while performing the Services required by this Agreement. Said public liability and property damage insurance shall be in a minimum combined single limit of$1.000,000, and in the aggregate. Engineer shall maintain comprehensive automobile liability insurance with a combined single limit Z-- of$1,000,000 for bodily injury and property damage. Engineer shall maintain professional liability insurance in the aggregate amount of$1,000,000 with a minimum of$500,000 per aggregate occurrence. City shall be named as an additional insured under all policies for public liability,property damage and comprehensive automobile liability and professional liability 2 A:ft2.agt insurance,and such insurance shall be primary with respect to City and non-contributing to any insurance or self-insurance maintained by the City. Engineer shall provide City with certificates of insurance evidencing such insurance coverage prior to commencing the Services. 6.2 Engineer shall indemnify, hold harmless and defend City and its elected officials, officers, agents and employees from and against all claims, loss, damage, charges or expense, to which it or any oithem may be put or subjected to the extent that they arise out of or result from any willful or negligent act or actions, omission or failure to act on the part of the Engineer,its contractors,its suppliers,anyone directly or indirectly employed by any of them or anyone for whose acts or omissions any of them maybe liable in the performance of the Services required by this Agreement. ARTICLE 7 - GENERAL CONSIDERATIONS 7.1 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. 7.2 Engineer shall not assign any of the Services required by this Agreement, except with the prior written approval of City and in strict compliance with the terms, provisions and conditions of this Agreement. 7.3 Engineer's key personnel for the Project are: Alan Janechek - Project Manager, Jannette Napoles-Field Technician. Engineer agrees that the key personnel shall be made available and assigned to the Project, and that they shall not be replaced without concurrence from City. 7.4 All documents, records, drawings, designs, costs estimates, electronic data files and databases and other Project documents developed by the Engineer pursuant to this Agreement 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 for other projects and any use of incomplete documents will be at City's sole risk. 7.5 Engineer is for all purposes an independent contractor. All personnel employed by Engineer are for its account only, and in no event shall Engineer or any 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. 7.6 Unless earlier terminated, as provided for below, this Agreement shall terminate upon completion and acceptance by City of the Services. w 7.7 This Agreement may be terminated by either party, without cause, by providing thirty (30) A:Ifg2,agt 3 days prior written notice to the other(delivered by certified mail, return receipt requested) of intent to terminate. 7.8 If this Agreement is terminated by City, an adjustment to Engineer's compensation shall be made,but(1)no amount shall be allowed for anticipated profit or unperfornied services, and (2) any payment due Engineer at the time of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Engineer. 7.9 Upon receipt of a termination notice, Engineer shall (1) promptly discontinue all services affected,and(1) deliver or otherwise make available to City, copies (in both hard copy and electronic form, where applicable), of any data, design calculations, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by Engineer in performing the Services required by this Agreement. 7.10 Engineer shall maintain books and accounts of all Project related payroll costs and all expenses. Such books shall be available at all reasonable times for examination by the City at the office of Engineer. 7.11 This Agreement, including the attachments incorporated herein by reference, represents the entire agreement and understanding between the parties and any prior negotiations,proposals or oral agreements are superseded by this Agreement. Any amendment to this Agreement shall be in writing,approved by the City Council of City and signed by City and Engineer. 7.12 This Agreement shall be governed by and construed in accordance with the laws of the State of California. IN WITNESS WHEREOF,duly authorized representatives of the City and Engineer have signed in confirmation of this Agreement. City of Redlands Gas Control Engineering, Inc. ("City") ("Engineer") 13 By: S�ENLARS004N Alan Janech Mayor Vice President ATTEST: City - erk-, City 0 �dnds�� Alf�2.agt 4 LANDFILL GAS ENGINEERING AND MONITORING SERVICES ATTACHMENT A SCOPE OF WORK AAfglagt 1.0 PROPOSED SCOPE OF WORK This section provides a breakdown of each task by labor hours and labor type. 1.1 Jostantaneous Surface Monitoring Instantaneous Surface Monitoring to be conducted monthly over the entire surface of landfill using equipment acceptable to SCAQMD for this type of monitoring, to measure constituents as required by Rule 1150.1, Monitoring will be conducted over both the active face and the remaining accessible areas of the landfill surface. The ISM will be conducted by monthly shifting the grid patterns by 50 feet each month and rotating of grid patterns according to SCAQMD request. 1.2 Integrated Surface Sampling The SCAQMD has tentatively agreed to require ISS over the entire area only when the ISM indicates readings greater than 500 ppm, or annually at a minimum. When an ISM reading exceeds Soo ppm, ISS will be conducted over that area at the time of the exceedance and monthly thereafter until the ISM readings are below 500 ppm. The ISS samples will be analyzed for Total Organic Carbon JOC) only. A sample will be collected from each 50,000 square foot grid using equipment acceptable to SCAQMD. The budget for ISS assumes the entire landfill will be covered twice am,ually. This is based on a single event covering the entire landfill and infrequent events covering portions of the landfill surface. 1.3 Ambient Air Sampling Tentatively,no Ambient Air Sampling will be required, however at fl-te request of the SCAQMD, ambient air samples will be collected at the perimeter of the landfill using equipment acceptable to SCAQMD. Samples to be analyzed in the laboratory for TOC and SCAQMD Rule 1.154.1 compounds. Sampling to be conducted during ISS events only. The budget assumes an ambient air sample will be collected once annually. 1.4 Landfill Gas Sampling Landfill Gas Sampling to be conducted quarterly from a perimeter probe and main gas collection header line over a continuous ten minute period using EPA Nfethod 25, for the purpose of reporting to the Santa Ana Regional Water Quality Control Board. In addition, a main line header sample vvill be reported to SCAQMD annually. 1,5 Perimeter Probe Monitoring Perimeter probes to be monitored monthly using equipment acceptable to SCAQMD. Additional monitoring may be required if a probe is close to the 5% methane limit. If the probe gas concentration is 5% methane by volume or higher, a sample will be collected for laboratory analysis of Rule 1150.1 compounds. 1.6 Well Monitoring Landfill gas quality, flow-rate and temperature to be monitored monthly or more as needed from each well using equipment acceptable to SCAQNID. Flow rates to be adjusted to maintain gas quality. 1.7 Flare Efficiency Testing Flare testing to be conducted by a qualified sub-contractor. GCE will solicit bids from pre- qualified testing companies. The recommended firm will be submitted to the City for approval prior to commencerrient of the work. GcE will oversee completion of the test and will review I and approve the report prior to submittal to the City. The report will be submitted to the City for review and approval prior to it's submittal to SCAQMD, GCE will submit protocol for flare efficiency testing to t1he City and SCAQMD for approval 3 months prior to the scheduled test date. GCE will make changes to the protocol as required by SCAQNID. The flare efficiency test report will include an executive summary stating compliance with all requirements of the permits for the CSL 1.8 Flare Station Maintenance Routine flare station maintenance includes monitoring of the flare system and maintenance and repair, Maintenance NNill include rotating blowers monthly, greasing bearings, changing air compressor oil, etc. The maintenance schedule will be prepared and updated on a quarterly basis. 1,9 Inspection of Gas Collection and Condensate Pipelines inspection of gas collection and condensate pipelines for leaks, and loose fasteners/supports to be conducted monthly. The findings will be reported to the facilities manager prior to leaving the site. The Solid Waste Manager will also be notified in writing, 1,10 Wellfield Repair Repair of the wellfield will consist of replacing flex hoses, valves, piping and supports as needed to maintain a functioning system, upon approval by the City 1,11 Contingency This task provides funds for emergency repairs and equipment at the, flare station to provide compliance with SCAQMID requirewents that the flare Operate continuously. This budget includes replacement of the existing strip chart recorder and alarm, dialer to provide compliance Nvith SCAQNAD alarm notification and permit requirements. 1.12 Quarterly Reporting This task consists of preparing the quarterly SCAQN4D report including word processing, map reproduction and field data consolidation, 1.13 Header Modification Design Plan This task consists of an annual budget for evaluating the options of moving the existing LFG header, air, condensate and electrical lines to allow filling of the slopes. A Design Plan will be submitted which outlines the options for header location along with estimated costs and benefits of each option. 1.14 Deliverables Deliverables of this project include the following: Quarterly monitoring report to be submitted to the City in both hard copy and disk. Quarterly monitoring report to be submitted to the following: M. r. Hassan Nannaki, AQE SCAQMD Public Facility Branch 2186 S.E. Copley Dr. Diamond Bar,California 91765-4182 Mr, Rick Gluck,AQI SCAMD Public Facility Branch 2186 SE. Copley Dr. Diamond Bar, California 91765-4182 Mr. Keith Person California Regional Water Santa Ana Regional Water Quality Board 3737 Main Street, Suite 500 Riverside, CA 92501-339 Mr. Jim Trujillo County of San Bernardino Environmental Health Services 385 N. Arrowhead Ave, San Bernardino, CA 92415-0160 • Monthly progress memo including: — Well &probe monitoring data — Calibration logs — Recommended maintenance or repair — System adjustments performed LANDFILL GAS ENGINEERING AND MONITORING SERVICES ATTACHMENT B SCHEDULE Proposed Schedule W WON 00 7-171 77. 77 y^y�yr�.i * t+- - i t 50.1 Monitoring X X X Collection System Ad- stments X �C X `{ X K Monthly Memo X X tiCAQMI) Quarterly Repm Dralt X to Citv Lab Analysis Results to Ci('!: X X IV :SC'AQMD Report Final to x X SCAQMD,City - Source rest Conducted X ?t source'fest Submittal to SCAQMI D *Months 4 throw 12 will repeat the routine shown in months i through 3 except for source test. goe%OpmposmI\mdWndst96-162\96-]62.doc 7/29197 133 NN4 LANDFILL GAS ENGINEERING AND MONITORING SERVICES ATTACHMENT C FEE AND COST BREAKDOWN The following is a summary of the proposed budget. COST s'L1N, Monthly Annual IMNRY LABOR $3,303 $40,980 MATERIAL, $1,919 532t531 Total Annual 573,511 162 doc Otto nai -6 Ian i 44 O'C'0 Oi4l Sn :l noaaoti-, Go J,4 cc 0 io rg E5;1 CD C4 m v to 0 ul 44 49 ca if f:0z , Igo ;z!Lu ttrt ul 0 lz 0z 0 01. 2 - PEN tr I .112911HIP 100.#1-Z il>l is Rl Zlt)i 1LU me ;Uji, gi a�l- 1 1 1 1 O ley LANDFILL GAS ENGINEERING AND MONITORING SERVICES ATTACHMENT D FEE SCHEDULE Alfglag GAS CONTROL ENGINEERING, INC. BASIS OF CHARGES for City of Redlands Effective July 1, 1997 1 For hourly workers, time worked in excess, of eight hours per day and weekend work will be charged at 1.5 times the hourly rate. 1 Outside services will include a 15"14 markup unless otherwise noted. 3. All environmental samples may be returned to clients at Gas Control Engineering,Inc.'s discretion 30 days after submission of final report, unless prior arrangements are made. 4, Proper disposal or handling of soil boring cuttings, well development and purge waters, decontamination solutions, and other contaminated/potentially contaminated materials is the responsibility of the client. Gas Control Engineering, Inc. can provide containers for on-site containment and can advise the client regarding proper handling procedures. FEE SCHEDULE Principal Engineer Sill Senior Professional 89 Staff Professional 78 Assistant Professional 51 Designer 50 Technician 40 Word Processing/Clerical 39 Engineering Assistant 37 Mileage S0.351mi, Copies $0.10 each Drawing Copies $2.50 each OVA rental $1 00/day Probe/Well Monitoring equipment S50/wk ISS Sampler $50/wk Ambient Air Sampler $I 501day Meteorological Station $250/day Calibration Gas $I 0/-.vk