HomeMy WebLinkAboutContracts & Agreements_230-2003_CCv0001.pdf AGREEMENT TO FURNISH SOURCE EMISSIONS TESTING
FOR THE COGENERATION FACILITY
CALIFORNIA STREET LANDFILL GAS FLARE
This Agreement is made and entered into this 2nd day of December 2003, by and between the City
of Redlands, a municipal corporation (hereinafter "City") and SCEC, hereinafter ("Consultant").
In consideration of the mutual promises, covenants and conditions hereinafter set forth, City and
Consultant hereby agree as follows:
ARTICLE I - ENGAGEMENT OF CONSULTANT
1.1 City hereby engages Consultant,and Consultant hereby accepts the engagement,to perform
professional consulting services ("Services") for environmental review pertaining to the
source emissions testing for the Cogeneration Facility and California Street Landfill Gas
Flare ("Project").
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 high quality
Services for the Project at the level of competency presently maintained by other practicing
professional engineers in the industry providing like and similar types of services.
ARTICLE 2 - SERVICES OF CONSULTANT
2.1 The specific Services which Consultant shall perform are more particularly described in
Attachment "A," entitled "Scope of Services," which is attached hereto and incorporated
herein by this reference.
2.2 Consultant shall comply with all applicable Federal, State and local rules, laws and
regulations in the performance of this Agreement including,but not limited to,all applicable
Labor Code and prevailing wage laws.
ARTICLE.3 - RESPONSIBILITIES OF CITY
3.1 City shall make available to Consultant information in its possession that is pertinent to the
performance of Consultant's Services.
3.2 City will provide access to and make provisions for Consultant to enter upon City-owned
property or right-of-way as required by Consultant to perform the Services.
3.3 City designates Gary Van Dorst,Project Manager,to act as its representative with respect to
the Services to be performed under this Agreement.
ARTICLE 4 - PERIOD OF SERVICE
4.1 Consultant shall perform the Services in a prompt and diligent manner and in accordance
with the schedule set forth in Attachment "B", entitled "Project Schedule".
ARTICLE 5 - PAYMENTS TO THE CONSULTANT AND NOTICE
5.1 The total compensation for Consultant's performance of the Services shall not exceed the
amount of$18,087. City shall pay Consultant on a time and materials basis up to the not to
exceed amount, in accordance with Attachment "C", entitled "Project Costs" based on the
hourly rates shown in Attachment"D", entitled "Fee Schedule".
5.2 Consultant 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
Consultant shall be made within 30 days after receipt and approval of Consultant's invoice,
by warrant payable to Consultant.
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 Consultant
Gary Van Dorst Leslie A. Johnson, President
Solid Waste Division SCEC
35 Cajon Street 1582-1 N. Baravia Street
P. O. Box 3005 Orange, CA 92867
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 Consultant's Insurance to be Primary
All insurance required by this Agreement is to be maintained by Consultant for the duration
of this Project and shall be primary with respect to City and non-contributing to any
insurance or self-insurance maintained by the City. Consultant shall not perform any
services pursuant to this Agreement unless and until all required insurance listed below is
obtained by Consultant. Consultant shall provided City with Certificates of Insurance and
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endorsements evidencing such insurance prior to commencement of work. All insurance
policies shall include a provision prohibiting cancellation of the policy except upon thirty
(30) days prior-written notice to City.
6.2 Workers' Compensation and Employer's Liability
A. Consultant shall secure and maintain Worker Compensation and Employer's
Liability insurance throughout the duration of this Agreement in amounts which meet
statutory requirements with an insurance carrier acceptable to the City.
B. Consultant expressly waives all rights to subrogation against the City, its officers,
employees and volunteers for losses arising from work performed by Consultant for
City by expressly waiving Consultant's immunity for injuries to Consultant's
employees and agrees that the obligation to indemnify, defend and hold harmless
provided for in this Agreement extends to any claim brought by or on behalf of any
employee of Consultant. This waiver is mutually negotiated by the parties. This
shall not apply to any damage resulting from the sole negligence of City, its agents
and employees. To the extent any of the damages referenced herein were caused by
or resulted from the concurrent negligence of City, its agents or employees, the
obligations provided herein to indemnify, defend and hold harmless is valid and
enforceable only to the extent of the negligence of Consultant,its officers,agents and
employees.
6.3 Comprehensive General Liability Insurance. Consultant shall secure and maintain in force
throughout the duration of the 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. Consultant shall obtain an endorsement that City
shall be named as an additional insured.
6.5 Business Auto Liability Insurance. Consultant shall have business auto liability coverage,
with minimum limits of one million($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 on the project,hired and non-owned vehicles,and employee
non-ownership vehicles. Consultant shall obtain an endorsement that the City shall be
named as an additional insured.
6.6 Assianment and Insurance Requirements. Consultant is expressly prohibited from subletting
or assigning any of the services covered by this Agreement without the express written
consent of City. In the event of mutual agreement between parties to sublet a portion of the
Services,the Consultant will add the subcontractor as an additional insured and provide the
City with the insurance endorsements prior to any work being performed by the
subcontractor. Assignment does not include printing or other customary reimbursable
expenses that may be provided in this Agreement.
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6.7 Hold Harmless and Indemnification. Consultant shall defend,indemnify,and hold harmless
City and its elected officials, employees and agents from and against any and all actions,
claims,demands,lawsuits,losses and liability for damages to persons or property,including
costs and attorney fees, that may be asserted or claimed by any person, firm, entity,
corporation, political subdivision or other organization arising out of or in connection with
Consultant's negligent and/or intentionally wrongful acts or omissions under this Agreement;
but excluding such actions, claims, demands, lawsuits and liability for damages to persons
or property arising from the sole negligence or intentionally wrongful acts of City, its
officers, employees or agents.
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 Consultant 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 Consultant's key personnel for the Project are:
Project Manager: Leslie A. Johnson, President
Consultant 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 documents developed by the Consultant pursuant to this Agreement and
any copyright interest in said above described 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 will be at City's sole
risk.
7.5 Consultant is for all purposes an independent contractor. All personnel employed by
Consultant are for its account only, and in no event shall Consultant 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.
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7.7 This Agreement may be terminated by the City, without cause, by providing ten (10) days
prior written notice to the Consultant (delivered by certified mail, return receipt requested)
of intent to terminate.
7.8 Upon receipt of a termination notice, Consultant shall(1)promptly discontinue all services,
and(2)deliver or otherwise make available to City,copies of any 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 required
by this Agreement. Consultant shall be compensated on a pro-rata basis for work completed
up until notice of termination.
7.9 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 written Agreement. Any amendment to
this Agreement,to be effective,shall be in writing and approved by the City Council of City
and signed by City and Consultant.
7.10 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 Consultant have signed
in confirmation of this Agreement.
City of Redlands SCEC
("City") ("Consultant")
By: C44--C— By:
'MAYOR ftSLIE�40HNSON
President
ATTEST:
Cit Clerk, C6/"/- edlands
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AGREEMENT TO FURNISH SOURCE EMISSIONS TESTING
FOR THE COGENERATION FACILITY
AND CALIFORNIA STREET LANDFILL GAS FLARE
ATTACHMENT A
SCOPE OF SERVICES
Scope of Services
Landfill Gas Flare Test Program
Task I - SCEC will prepare and submit to the SCAQMD a source test protocol letter outlining
the proposed sampling methodology and test methods for the flare test program.
Task 2- SCEC personnel will conduct the compliance test programs on a predetermined date
that will allow the SCAQMD to observe all or portions of the tests. The parameters
will be evaluated using the applicable SCAQMD or CARB test methods. A
description of the test parameters is detailed in Tables I and 2 pertaining to the
Landfill Gas Flare.
Task 3 - SCEC will prepare a comprehensive draft compliance test report as outlined in the
protocol. The report will present the sampling and analysis methods, data
calculations and results. The draft report will be issued to the City of Redlands
within twenty-five(25)days of the completion of Task 2. Upon receipt of comments
from the City of Redlands, SCEC will prepare and transmit four (4) copies of the
final report.
Internal Combustion Engine (ICE) Test Program (Cogeneration Facility)
Task 1 - SCEC will prepare and submit to the SCAQMD a source test protocol letter outlining
the proposed sampling methodology and test methods for the ICE test program.
Task 2- SCEC personnel will conduct the compliance test programs on a predetermined date
that will allow the SCAQMD to observe all or portions of the tests. The parameters
will be evaluated using the applicable SCAQMD or CARB test methods. A
description of the test parameters is detailed in Tables I and 2 pertaining to the ICE..
Task 3 - SCEC will prepare a comprehensive draft compliance test report as outlined in the
protocol. The report will present the sampling and analysis methods, data
calculations and results. The draft report will be issued to the City of Redlands
within twenty-five(25)days of the completion of Task 2. Upon receipt of comments
from the City of Redlands, SCEC will prepare and transmit four (4) copies of the
final report.
TABLE I
INLET TEST PROCEDURES
CITY OF REDLANDS LANDFILL ICE
Number of
Parameter Sample Medium Analytical Reference Method
Technique Replicates
Methane and Total Gaseous SS Tank TCA/FID Fuel Gas Analysis 2
Non-Methane Organics (SCAQMD 25.1)
02, CO2 and N2 SS Tank GC/TCD SCAQMD 10.1 2
Flow Rate On-site meter On-site meter 2
Trace Organics Tedlar Bag GC/PID/ECD EPA TO-14 1
H2S Tedlar Bag GC/Hall ELCD SCAQMD Mod. 307 1
Reduced Sulfur Compounds Tedlar Bag GC/MS SCAQMD Mod. 307 1
TABLE
EXHAUST TEST PROCEDURES
CITY OF REDLANDS LANDFILL ICE
Number of
Parameter Sample Medium Analytical Technique Reference Method Replicates
Methane and Total Gaseous SS Tank&H2O TCA/FID SCAQMD 25.3 2
Non-Methane Organics Imp.
02 CEM Micro Fuel Cell SCAQMD 100.1 9
CO2 CEM NDIR SCAQMD 100.1 2
NO,, CEM Chemiluminescence SCAQMD 100.1 9
Co CEM NDIR/GFC SCAQMD 100.1 9
Moisture Impinger Train Gravimetric SCAQMD 4.1 3
Flow Rate Pitot Tube Differential Pressure SCAQMD 2.1 2
Trace Organics Tedlar Bag GC/PID/ECD EPA TO-14 2
In addition, nine (9) NO, CO and 02 tests will be collected at the exhaust of the ICE and
presented to confirm that the on-site LEMS is in compliance with SCAQMD Rule 218, relative
accuracy test audit (RATA). If testing can be scheduled so that both the flare and engine are
tested in the same week SCAQMD may waive the inlet requirements for either the flare or the
ICE.
TABLE 1
INLET TEST PROCEDURES
CITY OF REDLANDS LANDFILL GAS FLARE
Number of
Parameter Sample Medium Analytical Reference Method
Technique Replicates
Methane and Total Gaseous SS Tank TCA/FID Fuel Gas Analysis 2
Non-Methane Organics (SCAQMD 25.1)
02, CO2 and N2 SS Tank GC/TCD SCAQMD 10.1 2
Moisture Impinger Train GC/TCD SCAQMD 4.1 2
Flow Rate Pitot Tube Differential Pressure SCAQMD 2.1 2
Trace Organics Tedlar Bag GC/PID/ECD EPA TO-14 2
H2S Tedlar Bag GC/Hall ELCD SCAQMD Mod.307 2
Reduced Sulfur Compounds Tedlar Bag GC/MS SCAQMD Mod.307 2
TABLE 2
EXHAUST TEST PROCEDURES
CITY OF REDLANDS LANDFILL GAS FLARE
Number of
Parameter Sample Medium Analytical Technique Reference Method Replicates
Methane and Total Gaseous SS Tank&H2O TCAIFID SCAQMD 25.3 2
Non-Methane Organics Imp.
02 CEM Micro Fuel Cell SCAQMD 100.1 2
CO2 CEM NDIR SCAQMD 100.1 2
NO,, CEM Chemiluminescence SCAQMD 100.1 2
CO, CEM NDIR/GFC SCAQMD 100.1 2
Moisture Impinger Train Gravimetric SCAOMD 4.1 2
Flow Rate Pitot Tube Differential Pressure SCAQMD 2.1 2
Particulate Matter Wet Impingement Gravimetric SCAQMD 5.1 2
Train'
Trace Organics Tedlar Bag GC/PID/ECDEPA TO-14 2
If testing can be scheduled so that both the flare and the internal combustion engine are tested in
the same week SCAQMD may waive the inlet requirements for either the flare or the ICE.
All flare exhaust samples will be collected while traversing the stack to minimize potential
stratification effects.
AGREEMENT TO FURNISH SOURCE EMISSIONS TESTING
FOR THE COGENERATION FACILITY
AND CALIFORNIA STREET LANDFILL GAS FLARE
ATTACHMENT B
PROJECT SCHEDULE
Project Schedule
Concurrent testing of both the cogeneration combustion engine and landfill gas flare are scheduled
for the week of January 5, 2004.
AGREEMENT TO FURNISH SOURCE EMISSIONS TESTING
FOR THE COGENERATION FACILITY
AND THE CALIFORNIA STREET LANDFILL GAS FLARE
ATTACHMENT C
PROJECT COSTS
Project Costs
SCEC will provide the services identified in Attachments A and B for the following fees;
Zn
Flare Test Program
Task I Source Test Protocol Preparation $ 240
Task 2 Compliance Source Emissions Testing $6,430
Task 3 Compliance Report Preparation $1,160
SUBTOTAL $7,830
Internal Combustion Engine (Cogeneration Facility)
Task I Source Test Protocol Preparation $ 395
Task 2 Engineering Support for CEMS Testing $2,037
Task 3 Compliance Source Emissions Testing $6,570
Task 3 Compliance Report Preparation $1,255
SUBTOTAL $10,257
Notes:
I It testing is scheduled so that the flare can be tested during the same week as the
internal combustion engine, a cost savings of $200-400 can be achieved for
mobilization.
2. If SCAQMD waives the redundant inlet testing, a cost savings of$2,475 will be
achieved.
AGREEMENT TO FURNISH SOURCE EMISSIONS TESTING
FOR THE COGENERATION FACILITY
AND THE CALIFORNIA STREET LANDFILL GAS FLARE
ATTACHMENT D
FEESCHEDULE
Fee Schedule
SCEC will invoice the work completed on a time and expense basis at the following hourly rates:
LEVEL NSULTINGON-SITE TRAVEL/STANDBY/
REPORT
EPORT L,
LABORATORY/PREP
[R
Principal/Expert Witness 140
Sr. Program Manager 120 120 110
Program Manager 115 115 105
Sr. Project Manager 105 105_ 95
Project Manager 95 95 87
Sr. Staff Scientist/Engineer 87 87 78
Staff Scientist/Engineer 78 78 65
Sr. Technician 60 60 60
Technician 50 50 50
Word Processor/Clerical 1 50 50
Other Charges
.........................
TYPE CONSULTING SOURCE TESTING
MS - $70/hr., THC -
Mobile Laboratory (Test Van) 51 .
CEMS - $70/hr., THC -
$25/hr.
Direct Expenses Costs + 10% Cost+ 10%
Per Diern $120/day $120/day