HomeMy WebLinkAboutContracts & Agreements_157-2011_CCv0001.pdf AGREEMENT TO PERFORM CONSULTING SERVICES FOR LANDFILL GAS
ENGINEERING SUPPORT AND REPORTING
FOR THE CITE' OF REDLANDS' CALIFORNIA STREET LANDFILL
This agreement for the provision of services associated v�ith operation of the City of
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Redlands* California Street Landfill ("Agreerrient") is made and entered into this 18" day of
October, 1-011 ("Effective Date'). by and between the City of Redlands, a municipal corporation
("City") and Stantee Consulting ("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:
AR'FICLE I - ENGAGEMENT OF CONSULTANT
1.1 City hereby engages Consultant to perform consulting services for landfill gas and
condensate engineering,- Support and reporting for the City of Redlands California Street
Landfill (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 ? - SERVICES OF CONSULTANT
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 - RESPO',`,,,SIB1LITIES OF CITY
3.I City shall make available to Consultant information in its possession that may assist
Consultant rrn perfzng
in o inthe Services.
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-5,2 City designates Fred Cardenas, QUalit-v of Life Director, as City's representative with
respect to performance of the Services, and such person shall have the authority to
transmit instructions. receive information, interpret and define City's policies and
decisions with respect to performance of the Services.
ARTICLE 4 - PERFORMANCE OF SERVICES
4.1 Consultant shall perform and complete the Services in a prompt and diligent manner, and
within a two year period of performance of the Effective Date of this Agreement.
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4 2 During the term of this Agreement, City inay request that Consultant perform Extra
Services. As used herein. Extra Services" means any work that is determined necessary
by City for the proper completion of the Set-vices, 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 pet-cent (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 duly authorized City
official in accordance with Chapter'—).16 of the Redlands Municipal Code. Consultant
shall not perform, nor be compensated for, Extra Services without such written
authorization from City.
ARTICLE 5 - PAYMENTS TO CONSULTANT
5.1 The total compensation for Consultant's performance of the Services shall be in the
amount of One Hundred Forty One Thousand One Hundred Twenty Dollars
($141,120.00). City shall pay Consultant the fixed amounts for each respective task
comprising the Services.
5.2 Consultant shall submit monthiv invoices to City describing the vvork performed during the
preceding month. Consultant's invoices shall include a brief description of the Services
perfort-ned,the dates the Services were performed,the number of hours spent and by whom,
and a description of reimbursable expenses related to the project. City shall pay Consultant
no later than thirty (3)0) days after receipt and approval by City of Consultant's invoice.
5.3 All notices shall be given in writingby personal delivery or by mail. Notices sent by mail
should be addressed as follows:
City Consultant
Fred Cardenas Kevin K. Miskin, P.E.
Quality of Life Department Stantec Consulting Services Inc.
Citv of Redlands 15864—F Business Center Drive
35 Cajon Street, Suite 222. Redlands, CA 921374
P.O. Box 3005 (mailing)
Redlands, CA 923731
When so addressed, such notices shall be deemed given upon deposit in the United States %—Jail.
Changes may be made in the names and addresses of the person to whom notices and payments are
to be aiven by giving notice pursuant to this section 5_3.
ARTICLE 6 - INSURANCE AND 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
Cltv with certificates of insurance and endorsements evidencing such insurance prior to
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commencement of the Services. Insurance policies shall include a provision prohibiting
cancellation or modification of the policy except upon thirty (3)0) days prior written
notice to City; provided, however, the policies shall allow for ten (10) days notice for
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 carrier acceptable to City as
described in Exhibit "B," entitled Workers' Compensation Insurance Certification.—
which is attached hereto and incorporated herein by this reference.
6.3 Consultant shall defend. indemnify and hold harmless City and its elected officials,
ainst any and all claims, losses or liability, includino
employees and agents from and a,:,g
reasonable 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 perfort-nim-,the Services.
6.4 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 coverage 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.
6S Consultant shall secure and maintain professional liability insurance throughout the term of
this Agreement in the amount of One Million Dollars ($1,000,000) per claim made.
Certificates of insurance shall be delivered to City prior to commencement of the Services.
6.6 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 coverage 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.
ARTICLE 7 - CONFLICTS OF INTEREST
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I 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 investment that would be affected in any manner or
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degree by the performance of Consultant's Services, Consultant further 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:
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 Cite' permits, licenses,
applications_ certifications, approvals, orders or similar authorizations or entitlements,
(iii)authorizing City to enter into, modify or renew 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 same
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.
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 - GENERAL CONSIDERATIONS
U 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 recovers of its reasonable attornevs' fees, including fees for the
use of in-house counsel by a Party.
8.2 Consultant shall not assign any of the Services, except with the prior written approval of
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City and in strict compliance with the terms, and conditions of this Agreement.
83 Project related documents, records. drawincs. desians, cost estimates, electronic data
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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 sole risk.
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 oblioation.
8.5 Termination.
A. Unless earlier terminated as provided for below, 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 accumulated by Consultant in performing the Services. Consultant shall
be compensated on a pro-rata basis for Services completed LIP 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.
s.? This Agreement, including the Exhibits incorporated herein by rel"erence, represents the
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entire aareement and understandim-1 between the Parties as to the matters contained
herein, and any prior negotiations. written proposals or verbal agreements 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.
8.8 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 same 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 material benefit of
its bargain under this Agreement.
IN WITNESS WHEREOF, duly authorized representatives of the City and Consultant have
signed in confirmation of this Agreement.
CITY OF REDLANDS STANTE NSULTING SERVICES lNe- -
B v: Bv
Pete Aguilar. Mayor Eric Nelsen, Senior Vice President
API'FST:
Sam Irwin, CI CtIrk
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EXHIBIT "All
SCOPE OF SERVICES
A-1
Exhibit A —Scope of Services
1. SOOPE OF SERVICES
The general scope of services provided by Stantec will include:
* Monitoring and fine tuning the landfill gas(LFG)system to prevent lateral and atmospheric migration of LFG to
comply with regulatory requirements.
* Coordinating fine tuning of the LFG system with the City's cogeneration plant requirements
* Sampling LFG in conformance with regulatory permits and preparing quarterly and annual reports to South Coast
Air Quality Management District,
* Providing miscellaneous support as directed by the City in response to regulatory notices or issues.
* Coordinating annual flare testing with other consultants(other consultant to perform testing and reporting),
* Inspecting and repairing leaks or other components of the LFG system on an as-needed basis.
* Providing full support to the City in relocating and abandoning LFG probes, including procurement of
appropriate permits and submittal of reports to regulatory agencies
* Performing weekly inspections of the condensate collection and recovery system and completing the weekly
monitoring forms.
At the City's direction,Stantec will take the lead in assuring compliance with applicable regulations pertaining to the
City's operation of the LFG collection system,
SCOPE OF WORK
Task I—Monitoring Support
Stantec will conduct monitoring and sampling of the LFG system in accordance with existing permits and regulatory
requirements. Field monitoring activities will be conducted by a technician. All monitoring data will be reported on
behalf of the City to regulatory agencies,as directed by the City.The principal items in this task are described below.
L Monitoring Compliance: Stantec will conduct required SCAQMD monitoring and adjust and balance the LFG
system for regulatory compliance purposes and to support the LFG cogeneration plant.
2. Annual Inspection and Maintenance: Stantec will conduct annual inspections of the LFG system and flare
station.The findings and recommendations will be reported to the City. It is anticipated that two annual events are
included in the scope of work.
3, SCAQMD Report Preparation: Stantec will field monitoring data on a monthly basis and prepare SCAQMD
reports on a quarterly basis in accordance with regulatory requirements,
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4. Miscellaneous Support: Stantec will provide miscellaneous support to the City to coordinate regulatory
responses and to negotiate operating issues on an as needed basis.
5, Flare Source Testing: Stantec will include the results of flare testing. Actual testing will be conducted by another
consultant and the results will be provided to Stantec for incorporation into the quarterly reports to SCAQMD,
6s SCAQMD Lab Analysis: Stantec will provide for outside laboratory analysis for LEG probes and surface
monitoring.The laboratory will be accredited through the State of California Environmental Laboratory
Accreditation Program (EI_AP). All samples will be preserved and delivered to the laboratory under chain of
custody in accordance with industry practices.
The details of the above scope of work are described below, All work is intended to comply with the SCAQMD Pule
1150.1 permit and the requirements of for perimeter monitoring under Subtitle D(40 CFR 258)and Title 27, California
Code of Regulations.
InstantaneouLLAndfill Surface Monitoring-
Stantec
onit rinStantec will conduct quarterly surface monitoring using Foxboro handheld organic vapor analyzer calibrated to methane
or TVA 1000 portable flame ionization detector(FID). Surface monitoring will be conducted by walking over the
surface area on a 50,000 square foot grid pattern ( 1 grids). Detections over 500 parts per million by volume were be
recorded on a neap and the Site manager will be immediately notified of the exceedance. Stantec will work with the site
manager and cogeneration plan contractor to adjust the extraction system to mitigate the exceedance. Within 10 days
a fallow up walk over survey will be conducted to evaluate the efficacy of the mitigation measure. If after the 2nd
10 day event,elevated levels persist, the Rule 1150.1 remediation plan will be triggered. At that time, Stantec will
make recommendations for mitigation to the City of Redlands. Mitigative measures under Rule 1150.1 are not
considered part of the scope of work or costs for this contract. Such measures will be billed on a time and materials
basis in accordance with the project fee schedule.
Perimeter P -- and Tuning
The landfill perimeter probe system consists of 32 probes at 12 locations. Perimeter probes will be monitored
quarterly for total organic compounds (TQC) using the portable FICA. Each probe will be purged using an inline
instrument sample pump connected to a closed system sampling port on the probe until readings stabilize for 30
seconds. The reading will be recorded on field forms.
The extraction system will be tuned to mitigate any probes readings measured above one percent by volume.
Additional monitoring will be performed 10 days after the initial detection.Any additional mitigative measures required
as a result of a persistent exceedance that cannot be mitigated through system tuning,will be conducted on a time and
materials basis in accordance with the project fee schedule.
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In accordance with the SCAQMD Rule 1150.1 permit, samples will be collected on a quarterly basis from the inlet to
the flare for analysis of TOC and on an annual basis for toxic air contaminants(TACs).Samples will be collected in bag
samples in accordance with SCAQMD requirements. Annual emissions performance testing of the flare system was
excluded from the RFP,except that the data will be included in the quarterly report as directed by the City of Redlands.
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Integrated surface samples(ISS)will be collected quarterly from each 50,000 square foot grid.The integrated
measurements will be conducted for 25 minutes using an OVA 1000,or equivalent,calibrated to 50 ppmv methane.
Curing sample collected a portable weather station will be installed at the Site to monitor wind speed
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and precipitation throughout the monitoring and sample collection period. For the purpose of this proposal, it is
assumed that bag samples will be collected from the two grids showing the highest OVA readings and will be analyzed
for
* Total Non-Methane Hydrocarbons(TNMHC),
* core group TACs, and
* methane, as specified in Rule 1150.1,
Ambient Air 5gmpg
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Simultaneous ambient air samples will be collected once each year from two upwind and two downwind locations using
continuous 12-hour metered 10-liter surnma canisters. During sample collected a portable weather sqation will be
installed at the Site to monitor wind speed and precipitation throughout the monitoring and sample call _ionperiod.The
samples will be analyzed for the following;
* TNMHC
* Core Group TACs
* Methane, as specified in Rule 1150.1
The results of the monitoring activities will be presented in a report developed by Stant ec on a quarterly basis.The report
will be entitled, "Landfill Emissions Monitoring Report, (first, second, third, fourth) Quarter (year), California Street
Landfill, Redlands, California"
Task 2: Materials Purchase
A small budget will be provided for non-reoccurring material purchases related to construction and maintenance.
Materials will be provided by the City on an as-needed basis.
Task 3: Condensate Management Plan Implementation
Stantec:will monitor and provide maintenance of the LFG condensate collection system, including sump vaults,and
prepare weekly monitoring forms. The scope will include the following general items.
1. Monitoring Compliance: Stantec technicians will conduct weekly inspections of the condensate collection and
recovery system(CORS)and document findings on the"Condensate Management System Monitoring and
Maintenance Form"attached to the RFP,
2, Miscellaneous Regulatory Support: Stantec will support the City in coordinating and negotiating with the
regulatory agencies on an as-needed basis,
Additional Pecoff lirnended Task 4: Annual Inventory, Evaluation to ReView tD Opbrize OW
Costs and Regulatory Requirements.
On an annual basis, Stantec will meet with the City to assess regulatory compliance and to make recommendations
where cost cutting measures might be implemented and where permit compliance requirements may be re-
negotiated to reduce compliance costs to the City
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EXHIBIT `B'
WORKERS' COMPENSATION INSURANCE CERTIFICATION TO PERFORM---------
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FOR THE CITY OF REDLANDS CALIFORNIA STREET LANDFILL
Every employer except the State, shall secure the payment of compensation in one or more of the
follo,, ing x-ways:
Via) By beim; insured against liability to pay compensation in one or more insurer duly
authorized 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 to be
insured against liability for workers' Compensation or to undertake self-insurance in accordance
with theprovisions of that Code, and I wvill comply with such provisions before commencing the
performance of the work of this Agreement. (Labor Code §1861).
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