t)OAIGINAL
PROFESSIONAL SERVICES AGREEMENT
By and Between the
CITY OF ANAHEIM, AS SUCCESSOR AGENCY
TO THE ANAHEIM REDEVELOPMENT AGENCY
And
TETRA TECH BAS, INC.
A CALIFORNIA CORPORATION
Section 1.
1.1 1.2
Section 2.
2.1 2.2
2.3 2.4
2.5 2.6
2.7 2.8
2.9 TABLE OF CONTENTS
Status of Parties ..................... " ................................................................................ 3 Successor Agency............ .. .................................................................................. 3 Consultant .............................................................................................................. 4 Services of Consultant. ........................................................................................... 4 Scope of Services .................................................................................................... 4 Agreement and Provision of Senrices Nonexclusive .............................................. 4 Tin1e tor Perfon11ance ............................................................................................. 4 Consultant's Proposal. ............................................................................................ 4 Cornpliance with Lav\! ............................................................................................. 4 Licenses, Pen11its, Fees and Assessments ............................................................... 4 Nondiscr:i1nination ................................................................................................... 5 Fan1iliarity with Work ............................................................................................. 5 Additional Services ................................................................................................. 5 Section 3. Tem1. This Agreement shall be for a tem1 (the "Tenn") commencing on the Effective Date ( as such term is hereinafter defined in Section 9 .15) and tem1inating on [Tem1 Expiration Date] (the "Tenn Expiration Date"), subject to earlier tem1ination as provided in Section 6.1.4 and Section 7 hereof .................................................................. 5 Section 4.
4.1 4.2
4.3 Section 5.
5.1 5.2
5.3 5.4
Section 6.
6. l
6.2 Section 7.
7.1 7.2
7.3 7.4
Section 8.
8.1 8.2
Con1pensation ......................................................................................................... 5 Amount of Compensation ....................................................................................... 5 Billing and Payment Procedures ............................................................................. 5 Maxilnun1 Con1pensation ........................................................................................ 6 Coordination of Services ......................................................................................... 6 Representative of Successor Agency ...................................................................... 6 Representative of Consultant. ................................................................................. 6 Prohibition Against Subcontracting and Assignments ........................................... 6 Independent Contractor ........................................................................................... 6 Insurance and Inde1nnification ................................................................................ 7 Insurance ................................................................................................................. 7
6.1. l Required Insurance Coverage .................................................................... 7
6.1.2 Required Clauses in Policies ....................................................................... 8
6.1.3 Required Certificates and Endorsements .................................................... 8
6.1.4 Remedies for Defaults Re: Insurance ......................................................... 9 lnde111nification ....................................................................................................... 9 Enforcen1ent of Agreen1ent. .................................................................................. 10 Events of Default ................................................................................................. l 0 Immediate Te1mination for Consultant's Default. .......... ,, ................................... I 0 Tennination Without Cause .................................................................................. 10 Attorneys' Fees ..................................................................................................... 11 Use and Ownership of Documents and Data ........................................................ 11 Data to be Furnished by Successor Agency .......................................................... 11 Ovvnership ofDocurnents ..................................................................................... 11 Section 9.
9.1 9.2
9.3 9.4
9.5 9.6
9.7 9.8
9.9 9.10
9.11 9.12
9.13 9.14
9.15 Miscellaneous Provisions ...................................................................................... 11 Waiver ................................................................................................................... 11 Notices .................................................................................................................. 11 Relationship of Parties .......................................................................................... 12 No Third Party Rights ........................................................................................... 12 Non-Liability of Members, Officials and Employees of the Successor Agency .. 12 Controlling Law .................................................................................................... 12 Titne of the Essence .............................................................................................. 13 Re1nedies Cun1ulative ........................................................................................... 13 Effect of Invalidity ................................................................................................ 13 Successors and Assigns ......................................................................................... 13 Entire Agreement. ................................................................................................. 13 Authority ............................................................................................................... 13 Conflicts of Interest. .............................................................................................. 13 Time for Acceptance of Agreement by Successor Agency .................................. 13 Effective Date ....................................................................................................... 14 Exhibit A
ExhibitB
Exhibit C
EXHIBITS
Scope of Work
Map Depicting the Site
Schedule of Compensation
PROFESSIONAL SERVICES AGREEMENT
This PROFESSIONAL SERVICES AGREEMENT (this "Agreement"), dated for purposes of identification only as of October 7, 2014 (the "Date of Agreement"), is made and entered into by and between the
CITY OF ANAHEIM, AS SUCCESSOR AGENCY TO THE ANAHEIM
REDEVELOPMENT AGENCY (the "Successor Agency")
A
N
D
TETRA TECH BAS, INC. A CALIFORNIA CORPORATION (the "Consultant").
RECITALS
A. The Successor Agency requires the assistance with the operations, monitoring and maintenance of the Sparks-Rains and Anderson Pit Landfills (the "Services").
B. The Successor Agency and Consultant ( each, a "Party" and jointly, the "Parties") desire to enter into an agreement pursuant to which the Consultant will provide the Services as requested by the Successor Agency.
NO\V, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL
PROMISES, COVENANTS AND CONDITIONS CONTAINED HEREIN, THE CITY AND THE CONSULTANT AGREE AS FOLLOWS:
Section 1. Status of Parties.
1.1 Successor Agency. The Consultant acknowledges that the Successor Agency is a public entity organized and existing under California Health and Safety Code Section 34173 and is the owner of a portion of the "Site" (as defined below). The Anaheim Redevelopment Agency (hereinafter the "former Agency") previously was a California public body, corporate and politic, duly fanned by the City Council of the City of Anaheim (hereinafter referred to as the "City Council") and organized, existing and exercising the powers of a community redevelopment agency under the California Community Redevelopment Law (Health & Safety Code Section 33000 et seq.). Assembly Bill xl 26 (hereinafter referred to as "AB xl 26"), chaptered and effective on June 27, 2011, added Parts 1.8 and
1.85 to Division 24 of the California Health & Safety Code, which laws were modified, in part, and detem1ined constitutional by the California Supreme Court in the petition California Redevelopment Association, et al. v. Ana Matosantos, et al., Case No. S 194861 (hereinafter referred to as the "Matosantos Decision"), which laws and court opinion caused the dissolution of all redevelopment agencies and winding down of the affairs of fonner redevelopment agencies; thereafter, such laws were amended further by Assembly Bill 1484 (hereinafter referred to as "AB 1484") that was chaptered and effective on June 27, 2012 (together AB xl 26, the Matosantos Decision, and AB 1484 are referred to herein as the "Dissolution Act"). As of February I, 2012, the former Agency became a dissolved {}
community redevelopment agency pursuant to the Dissolution Act. As of and on and after Febrnary 1, 2012, the Declarant is perfonning its functions as the successor agency under the Dissolution Act to administer the enforceable obligations of the former Agency and is engaged in activities necessary and appropriate to wind down the activities of the fom1er Agency's Anaheim Merged Redevelopment Project that was originally adopted and amended by ordinances of the City Council, and otherwise unwind the former Agency's affairs, all subject to the review and approval by a seven-member Oversight Board formed thereunder. Declarant is the Owner of a portion of vvhat is considered to be a single solid waste site located near the no1ihcast corner of Beach Boulevard and Lincoln A venue in the City of Anaheim, County of Orange, State of California. The Successor Agency owns what is commonly referred to as the Sparks and Anderson Pits. The balance of the Site, which is the subject of this Agreement, is commonly known as the Rains Pit, which is owned by Westgate Investment Group. The three areas are generally depicted on the map attached hereto as Exhibit B and incorporated herein by this reference and shall be reforred to herein collectively as the "Site".
l.2 Consultant. Consultant represents that Consultant is a California Corporation, fonned and in good standing under all applicable laws.
Section 2. Services of Consultant.
2.1 Scope of Services. In compliance with all of the terms and conditions of this Agreement, Consultant shall provide the Services, as more fuUy set fotih in the "Scope of Services" which is attached hereto as Exhibit A and incorporated herein by this reference (the ''Services"). Consultant represents and wanants that all Services to be provided hereunder shall be perfrmned in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services.
2.2 Agreement and Provision of Services Nonexclusive .. Consultant acknowledges and agrees that this Agreement and the provision of services hereunder is nonexclusive and that the Successor Agency may enter into similar agreements with other entities for the provision of similar services.
2.3 Time for Performance. Time is of the essence in the perfonnance of this Agreement Consultant shall perform and complete all services in a timely and expeditious manner. Consultant shall perform such services in accordance with those schedules which Consultant and the Successor Agency may mutually agree to from time to time.
2.4 Consultant's Proposal. The Scope of Services shall include the Consultant's proposal which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the tenns of such proposal and this Agreement, the tenns of this Agreement shall govern.
2.5 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of Anaheim and any Federal, State or local governmental agency of competent jurisdiction.
2.6 Licenses, Permits, I?ees and Assessments. Consultant shall obtain, at Consultant's sole cost and expense, such licenses, pennits and approvals as may be required by law for the perfonnance of the services required by this A&,,reement; provided, however, Successor Agency shall reimburse Consultant for all costs incurred by Consultant in obtaining any pen11it or approval required specifically to provide the Services. Consultant shall have the sole obligation to pay for any foes, assessments and taxes, plus apphcabie penalties and interest, which may be imposed by law and which arise from or are necessary for the perfomrnnce of the services required by this Agreement.
2.7 Nondiscrimination. Consultant agrees not to discriminate against any person or class of persons by reason of sex, color, race, creed, religion, marital status, handicap, ancestry or national origin in its provision of services. To the extent this Agreement provides that Consultant offer accommodations or services to the public, such accommodations or services shall be offered by Consultant to the public on fair and reasonable tenns.
2.8 Familiarity with 'Work. By executing this Agreement, Consultant represents and warrants that Consultant (i) has thoroughly investigated and considered the services to be perfomwd, (ii) has carefully considered how the services should be provided and (iii) fully understands the facilities, difrlculties and restrictions attending the provision of the services under this Agreement. Should the Consultant discover any latent or unknown conditions materially differing from those inherent in the provision of such services or as represented by the Successor Agency, Consultant shall immediately infom1 the Successor Agency of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Successor Agency.
2.9 Additional Services. Consultant shall provide services in addition to those specified in the Scope of Services ("Additional Services") when directed to do so in writing by the Successor Agency, provided that Consultant shall not be required to provide any Additional Services without compensation.
Section 3. Term. This Agreement shall be for a tem1 (the "Term") commencing on the Effective Date (as such tenn is hereinafter defined in Section 9.15) and terminating on October 7, 2017 (the "Term Expiration Date"), subject to earlier tennjnation as provided in Section 6.1.4 and Section 7 hereof
Section 4. Compensation.
4.1 Amount of Compensation. During the Tenn of this Agreement, the Successor Agency shall pay to the Consultant during each Monthly Period (as such tenn is hereinafter defined in this Section) monthly compensation in arrears in accordance with the "Schedule of Compensatfon" which is attached hereto as Exhibit A and incorporated herein by this reference (the "Monthly Compensation"). The Monthly Compensation shall be the Consultant's sole compensation for provision of Consultant's Services under this Agreement Each "Monthly Period" shall consist of and coincide with each calendar month. The first Monthly Period shall commence upon the Effective Date.
4.2 Billing and Payment Procedures. Consultant shall present monthly itemized invoices for Services performed during the previous Monthly Period to the Successor Agency.
Each invoice shall state the date the Services were provided and the number of hours spent providing the Services. If requested by the Successor Agency, Consultant shall present additional documentation evidencing the provision of services satisfactory to the Successor Agency. The Successor Agency agrees to approve or disapprove Consultant's invoice and/or additional documentation, as the case may be, within ten (10) days after the Successor Agency's receipt of the invoice and/or additional documentation. The Successor Agency agrees to pay the Consultant for work satisfactorily perfonned and expenses properly incurred within thitiy (30) days after the Successor Agency's approval of a statement from the Consultant describing such work and expenses.
The Successor Agency may withhold from any Monthly Compensation payable to Consultant sufficient funds to compensate the Successor Agency for any losses, costs, liabilities or damages the Successor Agency reasonably believes were suffered by the Successor Agency due to the Default (as hereinafter defined in Section 7) of the Consultant hereunder.
4.3 Maximum Compensation. In no event shaJI the aggregate Monthly Compensation paid to Consultant over the Tenn of this Agreement exceed the sum of $23,000.00 (the "Maximum Compensation").
Section 5. Coordination of Services.
5.l Representative of Successor Agency. The Executive Director of the Successor Agency, or such person's designee, (the "Director") shall represent the Successor Agency in all matters pertaining to this Agreement. Whenever a reference is made herein to an action or approval to be unde1iaken by the Successor Agency, the Director is authorized to act unless this Agreement specifically provides otherwise or the context should otherwise require.
5.2 Representative of Consultant. Bryan A. Stirrat (Consultant's Representative) is hereby designated as being the principal and representative of Consultant authorized to act on Consultant's behalf with respect to the services and work to be provided hereunder and make all decisions in connection therewith.
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principal are a substantial inducement for the Successor Agency to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the Tenn of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the provision of Services hereunder. The foregoing principal may not be changed by Consultant and no other persmmel may be assigned to supervise the Services to be provided hereunder without the express written consent of the Successor Agency.
5.3 Prohibition Against Subcontracting and Assignments. Neither the whole nor any interest in, nor any of the rights or privileges granted under this Agreement shall be assignable or transferable or encumbered in any way without the prior wdtten consent of Successor Agency. Any such purported assignment, transfer, encumbrance, pledge, subuse, or pem1ission given without such consent shall be void as to Successor Agency. This is a personal services contract and the Consultant was chosen on the basis of characteristics unique to the Consultant. Successor Agency shall have the right to unreasonably or arbitrarily withhold its consent to any such assignment, transfer, encumbrance, pledge, subuse, or pem1ission.
5.4 Independent Contractor. Consultant and any agent or employee of Consultant shall act in an independent capacity and not as officers or employees of Successor Agency.
Successor Agency assumes no liability for Consultant's actions and perfomiance, nor assumes responsibility for taxes, bonds, payments, or other commitments, implied, or explicit, by or for Consultant. Consultant shall not have authority to act as an agent on behalf of Successor Agency unless specifically authorized to do so in writing. Consultant acknowledges that it is aware that because it is an independent contractor, Successor Agency is making no deduction from any amount paid to Consultant and is not contiibuting to any fund on its behalf. Consultant disclaims the right to any fee or benefits except as expressly provided for in this Agreement.
As respects all acts or omissions of Consultant relating to Consultant's responsibility for taxes, bonds, payments, or other commitments, implied, or explicit, by or for Consultant, the Consultant agrees to indemnify, defend (at the Successor Agency's option), and hold han11less the Successor Agency, its officers, agents, employees, representatives, and volunteers from and against any and all claims, demands, defense costs, liability, or consequential damages of any kind or nature arising out of or in connection with the Consultant's performance or failure to perfonn under this Section.
Section 6. Insurance and Indemnification.
6.1 Insurance. Without limiting Successor Agency's right to indemnification, it is agreed that Consultant shall secure prior to commencing any activities under this Agreement, and maintain during the Tenn of this Agreement, insurance coverage as set forth in this Section 6.1.
6.1.1 Required Insurance Coverage. Consultant shall secure and maintain the following insurance coverage:
(a) Workers' Compensation Insurance as required by California statutes;
(b) Comprehensive General Liability Insurance, or Commercial General Liability Insurance, including coverage for Premises and Operations, Contractual Liability, Personal Injury Liability, Products/Completed Operations Liability, and Independent Contractor's Liability, in an amount of not less than One Million Dollars ($1,000,000.00) per occurrence, combined single limit, written on an occurrence fo1111;
( c) Comprehensive Automobile Liability coverage, including - as applicable - owned, non-owned and hired autos, in an amount of not less than One Million Dollars ($1,000,000.00) per occurrence, combined single limit, written on an occurrence fonn. If Consultant owns no vehicle, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above; and
( d) Professional Liability Insurance coverage in an amount of not less than One Million Dollars ($1,000,000.00), and Consultant shall maintain such coverage for at least one (l) year after the termination of this Agreement.
The Director, with the consent of the Successor Agency's Risk Manager, is hereby auth01ized to waive or reduce the requirements set forth above in the event the Director detennines that such waiver or reduction is in Successor Agency's best interest.
6.1.2 Required Clauses in Policies. Each policy of general liability and automobile insurance required by this Agreement shaU contain the following clauses:
"This insurance shall not be canceled, or allO'vved to lapse without at least ten (l 0) days' prior written notice to the City Clerk of the City of Anaheim, 200 S. Anaheim Boulevard, Anaheim, CA 92805."
"It is a_§,ireed that any insurance maintained by the
Consultant pursuant to this Agreement shall be primary to, and not contribute with any insurance or self-insurance maintained by the City of Anaheim, as Successor Agency."
"The City of Anaheim, as Successor Agency to the City of Anaheim Redevelopment Agency, its officials, agents, employees, representative, and volunteers are added as additional insureds as respects operations and activities ot: or on behalf of the named insured, perfmmed under contract with the City of Anaheim, as Successor Agency."
Consultant hereby agrees to waive subrogation which any insurer of the Consultant may acquire from the Consultant by virtue of the payment of any loss. Consultant agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation.
The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the Successor Agency for all work performed by the Consultant, its employees and subcontractors.
6.1.3 Required Certificates and Endorsements. Prior to commencement of any work under this Agreement, the Consultant shall deliver to Successor Agency (i) insurance certificates confirming the existence of the insurance required by this Agreement, and including the applicable clauses referenced above, and (ii) endorsements to the above-required policies, which add to these policies the applicable clauses referenced above. Such endorsements shall be signed by an authorized representative of the insurance company and shall include the signator' s company affiliation and title. Should it be deemed necessary by Successor Agency, it shall be the Consultant's responsibility to see that Successor Agency receives documentation, acceptable to Successor Agency, which sustains that the individual signing such endorsements is indeed authorized to do so by the insurance company. Also, Successor Agency reserves the right at any time to demand, and to receive within a reasonable time period, certified copies of any insurance policies required under this Agreement, including endorsements effecting the coverage required by these specifications.
Except for professional liability insurance coverage that may be required by this Agreement, all insurance maintained by Consultant shall be issued by companies admitted to conduct the pertinent line of insurance business in the State of California and having a rating of Grade A or better and Class VII or better by the latest edition of Best's Key Rating Guide. In the case of professional liability insurance coverage, such coverage shall be issued by companies either licensed or admitted to conduct business in the State of California so long as such insurer possesses the aforementioned Best's rating.
Consultant shall immediately notify the Successor Agency if any required insurance lapses or is otherwise modified and cease perfonnancc of this Agreement unless otherwise directed by the Successor Agency. In such a case, the Successor Agency may procure insurance or self-insure the risk and charge Consultant for such costs and any and all damages resulting therefrom, by \Vay of set-off from any smns owed Consultant Consultant agrees that in the event of loss due to any of the perils for which it has agreed to provide insurance, Consultant shall look solely to its insurance for recovery. Consultant hereby grants to the Successor Agency, on behalf of any insurer providing insurance to either the Consultant or to the Successor Agency with respect to the services of Consultant herein, a waiver of any right to subrogation which any such insurer of said Consultant may acqmre against the Successor Agency by vi1iue of the payment of any loss under such insurance.
6.1.4 Remedies for Defaults Re: Insurance. In addition to any other remedies Successor Agency may have if the Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, Successor Agency may, at its sole option:
( a) Obtain such insurance and deduct and retain the amount of the premium for such insurance from any sums due under this Agreement;
(b) Order the Consultant to stop work under this Agreement and/or withhold any payment(s) which become due to the Consultant hereunder until the Consultant demonstrates compliance with the requirements hereof;
(c) Tenninate this Agreement.
Exercise of any of the above remedies, however, is an alternative to other remedies Successor Agency may have and is not the exclusive remedy for the Consultant's failure to maintain insurance or secure appropriate endorsements.
Nothing herein contained shall be construed as limiting in any way the extent to which the Consultant may be held responsible for payment of damages to persons or property resulting from the Consultant's or its subcontractor's performance of the work covered under this Agreement
6.2 Indemnification. As respects acts, e1Tors or on11ss10ns in the perfonnance of professional services under this Agreement, the Consultant agrees to indemnify and hold harmless the City of Anaheim and the City of Anaheim, as Successor Agency to the Anaheim Redevelopment Agency, their officers, agents, employees, representatives and volunteers from and against claims, demands, defense costs, liability or consequential damages arising directly out of the Consultant's negligent acts, errors or omissions in the perfom1ance of its professional services under terms of this A!:,1Teement
As respects all acts or omissions which do not arise directly out of the perfomrnnce of professional services, including but not limited to those acts or omissions nom1ally covered by general and automobile liability insurance, the Consultant agrees to indemnify, defend (at Successor Agency's option), and hold hannless the Successor Agency, its officers, agents, employees, representatives, and volunteers from and against claims, demands, defense costs, liability, or consequential damages arising out of or in connection with the Consultant's perfonnance or failure to perfonn, under this Agreement; excepting those which arise out of the sole negligence of Successor Agency.
Section 7. Enforcement of Agreement.
7.1 Events of Default. For purposes of this Section 7, the word "Default" shall mean the failure of Consultant to perfonn any of Consultant's duties or obligations or the breach by Consultant of any of the tenns and conditions set forth in this Agreement. In addition, Consultant shall be deemed to be in Default upon Consultant's (i) application for, consent to, or suffeling ot: the appointment of a receiver, trustee or liquidator for all or a substantial portion of its assets, (ii) making a general assignment for the benefit of creditors, (iii) being adjudged bankrupt, (iv) filing a voluntary petition or suffering an involuntary petition under any bankruptcy, arrangement, reorganization or insolvency law (unless in the case of an involuntary petition, the same is dismissed within thirty (30) days of such filing) or (v) suffering or pem1.itting to continue unstayed and in effect for fifteen (15) consecutive days any attachment, levy, execution or seizure of all or a substantial portion of Consultant's assets or of Consultant's interests hereunder.
Successor Agency shall not be deemed to be in Default in the perfonnance of any obligation required to be perfom1ed by Successor Agency hereunder unless and until Successor Agency has failed to perform such obligation for a period of thiliy (30) days after receipt of written notice from Consultant specifying in reasonable detail the nature and extent of any such failure; provided, however, that if the nature of Successor Agency's obligation is such that more than thirty (30) days are required for its perfonnance, then Successor Agency shall not be deemed to be in Default if Successor Agency shall commence to cure such performance within such thirty (30) day period and thereafter diligently prosecute the same to completion.
7.2 Immediate Termination for Consultant's Default. In the event of any Default by Consultant, Successor Agency may immediately tem1inate this Agreement. Such termination shall be effective immediately upon receipt by Consultant of written notice from Successor Agency. In such event, Consultant shall have no fruiher lights hereunder; Successor Agency shall have all other rights and remedies as provided by law.
7.3 Termination \Vithout Cause. Either Successor Agency or Consultant may terminate this Agreement at any time without the necessity of cause or Default by the other Party by giving fifteen (15) days' notice in writing to the other Party. In such event, the Parties shall have no further rights hereunder, except that Consultant shall be paid tor all services rendered prior to such termination.
7.4 Attm·neys' Fees. Successor Agency and Consultant agree that in the event of litigation to enforce this Agreement or tenns, provisions and conditions contained herein, to terminate this Agreement, or to collect damages for a Default hereunder, the prevailing party shall be entitled to all costs and expenses, including reasonable attorneys' fees, incuned in connection with such litigation.
Section 8. Use and Ownership of Documents and Data.
8.1 Data to be Furnished by Successor Agency. Successor Agency shall furnish to Consultant such documents and materials as may be relevant and pertinent to the provision of services hereunder as Successor Agency may possess or acquire, including documentation satisfactory to Consultant that evidences that Consultant is authorized to perfonn its Scope of Services upon that portion of the Site which is owned by Westgate Investment Group.
8.2 Ownership of Documents. All documents and materials furnished by the Successor Agency to Consultant pursuant to Section 8.1 hereof shall remain the property of the Successor Agency and shall be returned to the Successor Agency upon termination of this Agreement. All documents and materials prepared by Consultant hereunder shall become the property of the Successor Agency at the time of payment to Consultant of a11 fees and expenses for their preparation, and shall be delivered to the Successor Agency by Consultant at the request of the Successor Agency. The documents and materials prepared by Consultant hereunder shall not be used by the Successor Agency or others, except for the purpose for which they were intended. The Successor Agency agrees not to associate Consultant's name with any documents or materials not prepared by Consultant.
Section 9. Miscellaneous Provisions.
9.1 Waiver. Inaction by Successor Agency or Consultant with respect to a Default hereunder shall not be deemed to be a waiver of such Default. The waiver by either Successor Agency or Consultant of any Default hereunder shall not be deemed to be a waiver of any subsequent Default.
9.2 Notices. All notices, demands or other writings to be made, given or sent hereunder, or which may be so given or made or sent by either Successor Agency or Consultant to the other shall be deemed to have been given when in writing and personally delivered or if mailed on the third (3rd) day after being deposited in the United States mail, certified or registered, postage prepaid, and addressed to the respective Parties at the following addresses:
If to Successor Agency: Secretary
City of Anaheim, as Successor Agency
200 S. Anaheim BoulevaTd, 2nd Floor
Anaheim, California 92805
FAX No. (714) 765-4105
With copies to: John E. Woodhead IV, Executive Director To Consultant:
City of Anaheim, as Successor Agency
201 S. Anaheim Boulevard, 10th Floor
Anaheim, California 92805
FAX No. (714) 765-4630
Theodore J. Reynolds, Assistant City Attorney
City of Anaheim
200 S. Anaheim Boulevard, 3rd Floor
Anaheim, California 92805
FAX No. (714) 765-4630
Tetra Tech BAS, Inc. a California Corporation
1360 Valley Vista Drive,
Diamond Bar, California 91765
Attention: Chief Financial Officer
FAX No. 909-396-1768
9.3 Relationship of Parties. Nothing contained herein shall be deemed or construed by the Parties, nor by any third party, as creating the relationship of principal and agent or of partnership or of joint venture between the Parties, it being understood and agreed that Consultant is and will be at all times an independent contractor pursuant to this Agreement and shall not, in any way, be considered to be an officer, agent or employee of the Successor Agency.
9.4 No Third Party Rights. The Parties intend that no rights nor remedies be granted to any third party as a beneficiary of this Agreement or of any covenant, duty, obligation or undertaking established herein.
9.5 Non-Liability of Members, Officials and Employees of the Successor Agency.
No member, official or employee of the Successor Agency shall be personally liable to Consultant, or any successor in interest, in the event of any Default or breach by the Successor Agency or for any amount which may become due to Consultant or Consultant's successors, or on any obligation under the tenns of this Agreement. Consultant hereby waives and releases any claim Consultant may have against the members, officials or employees of the Successor Agency with respect to any Default or breach by Successor Agency or for any amount which may become due to Consultant or Consultant's successors, or any obligations under the terms of this Agreement Consultant makes such release with the full knowledge of Civil Code Section 1542 and hereby waives any and all rights thereunder to the extent of this release, if such Section 1542 is applicable. Section 1542 of the Civil Code provides as follows:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT
TO EXIST IN HIS OR HER FAVOR AT THE TIME OF
EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM
OR HER MUST HA VE MATERIALLY AFFECTED HIS OR
HER SETTLEMENT WITH THE DEBTOR."
9.6 Controlling Law. This Agreement shall be governed by and constrned m accordance with the laws of the State of California.
9. 7 Tbne of the Essence. Time is hereby expressly declared to be the essence of this Agreement and of each and every term, covenant and condition hereof which relates to a date or a period of time.
9.8 Remedies Cumulative. The reinedies given to Successor Agency and Consultant herein shall be cumulative and are given without impairing any other rights given Successor Agency or Consultant by statute or law no\v existing or hereafter enacted and the exercise on any one (1) remedy by Successor Agency or Consultant shall not exclude the exercise of any other remedy.
9.9 Effect of Invalidity. If any tem1 or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of its tem1s and provisions to persons and circumstances other than those to which it has been held invalid or unenforceable shall not be affected thereby, and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
9.10 Successors and Assigns. This Agreement and the covenants and conditions contained herein shall be binding upon and inure to the benefit of and shall apply to the successors and assigns of Successor Agency and to the pen11itted successors and assigns of Consultant, and all references to "Successor Agency" or "Consultant" shall be deemed to refer to and include all permitted successors and assigns of such Party.
9.11 Entire Agreement. This Agreement and the exhibits hereto contain the entire agreement of the Successor Agency and the Consultant with respect to the matters covered hereby, and no agreement, statement or promise made by either Successor Agency or Consultant which is not contained herein, shall be valid or binding. No prior agreement, understanding or representation pertaining to any such matter shall be effective for any purpose. No provision of this Agreement may be amended, modified or added except by an agreement in w1iting signed by Successor Agency and Consultant.
9.12 Authority. Each individual executing this Agreement on behalf of a corporation, nonprofit corporation, partnership or other entity or organization, represents and warrants the he or she is duly auth01ized to execute and deliver this Agreement on behalf of such entity or organization and that this Af,>Teement is binding upon the same in accordance with its tem1s.
Consultant shall, at Successor Agency's request, deliver a certified copy of it governing board's resolution or certificate authorizing or evidencing such execution.
9.13 Conflicts of Interest. No member, official or employee of the Successor Agency shall have any personal interest, direct or indirect, in this Agreement, nor shall any such member, officia1 or employee participate in any decision relating to this Agreement which affect his or her personal interests or the interests of any corporation, partnership or association in which he or she is directly or indirectly interested.
9.14 Time for Acceptance of Agreement by Successor Agency. "n1is Agreement, when executed by Consultant and delivered to Successor Agency, must be authorized, executed and delivered by the Successor Agency on or before f01iy-five (45) days after the execution and dehvery by Consultant or this Agreement shall be void, except to the extent that Consultru1t and Successor Agency shall consent in writing to a fmiher extension of time for the authorization, execution and delivery of this Agreement.
9.15 Effective Date. This Agreement shall be effective on the Date of Agreement. (Remainder o.f page intentionally left bank; signatures on next page)
IN WITNESS WHEREOF, THE CITY AND THE CONSULTANT HAVE
EXECUTED THIS AGREEMENT AS OF THE RESPECTIVE DATES SET FORTH BELOW.
ATTEST:
SECRETARY
APPROVED AS TO FORM:
MICHAEL R.W. HOUSTON, CITY
ATTORNEY
By: --'-.=_;;;--'-'
Theodore . Reynolds
Assistant fi1_y Attorney
Dated: ___________ _
"CITY"
CITY OF ANAHEIM, AS SUCCESSOR
AGENCY TO THE ANAHEIM
REDEVELOPMENT AGENCY, a
public entity organized and existing
under CaHflJTfira~tiealth and Safety
, • .Y ,-,· .,,__ "'-
C£id .. Sfacetk}n,~~ 1.}2/
,:> ( .·
--~ _::~-----·· I
''-',
"CONSUL TANT"
TETRA TECH BAS, INC.
A California corporation
State of California
ss.
County
..... __ · C_1 h_uy; 2 / A/ofa,rn f?J;fr_ .... , before me, _ -~ + . _ (name, title of officer, e.g., "Jane Doe, Notary Public") personally apJpe<'1re,:.i .. _.........':~:::.....'.l~:.::...::::.J __ ,_.:.__: __ ~_:'.'_~_J...:.._:~::::1:.!J"d...- .. ----·----·-----·-- signer~)) .
who proved to me on the b.asis of satisfactory evidence to be the person(~·whose name~/T~resrrbscribed to the within instrument and a,clmowledged to me that @ii~-- executed the same in ~'li~i:eir authorized capacity~and that b~A~gnatureW-on the instrnment the person(,g)', or the entity upon behalf of whicb personµ,Yacted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
Witness my hand and official seal.
Capacity claimed by signer:
'.] Individual
D Corporate Officer(s):
D Partner(s):
CJ
1~
u
CJ General
Attorney-in-fact
Trustee(s)
[] Guardian/Conservator
D Other:
Signer is representing: -··
(This section is OPTIONAL.)
D Limited
(name of person( s) or entity( ies))
Attention Notary: Although the information requested belo,v is OPTIONAL, it could prevent fraudulent attachment of this certificate to an unauthorized document.
THIS CERTIFICATE
MUST BE A TTACHEDTO
THE DOCUMENT
DESCRIBED AT RIGHT:
Number of Pages: Date
Signer(s) Other than Named Above:
EXHIBIT 11 A"
SCOPE OF \VORK
ATTACHMENT A1: LANDFILL GAS OPERATIONS MONITORING AND MAINTENANCE ___ .,_ _____ _ PART A: Routine Operations, Maintenance and Monitoring:
Routine OM&M activities shall be performed in accordance wtth the following and at the frequencies defined herein. After each specific line item identified below the frequency expected for the first year and years 2 and 3 are included.
Condensate Sump Monitoring
Frequency: Weekly
Alternative Frequency: Twice per Month
• Monitoring of the landfill gas collection system condensate sumps o The landfill gas collection system condensate sumps shall be monitored and the following information recorded on site-specific forms:
a Cycle counter readings
" Air Pressure (PSI)
.. Proper operation of all valves
" Inspection of level switch for proper operation (if applicable) " Condensate tank level
• Filter/Regulator operation and setpoint
o All condensate sumps in the landfill gas collection system are contained within a vault Due to potential future security concerns for the landfill gas collection system these vaults are currently, and shall remain, bolted closed. Each time the condensate sumps are monitored, the lid of these vaults will need to be unbolted and then sealed again after completion of monitoring activities through bolting.
Condensate System Inspection
Frequency: Weekly
Alternative Frequency: Twice per Month
• Inspection of the landfill gas collection and treatment system for condensate leaks o The landfill gas collection and treatment system shall be inspected and recorded for the presence of any condensate or air leaks.
o AH components of the landfill gas collection system are contained within vaults.
Due to potential future security concerns for the landfill gas collection system these vaults are currently, and shall remain bolted dosed. Each time the components are inspected, the lid of these vaults will need to be unbolted and then sealed again after completion of the activities through bolting.
Treatment System Monitoring
Frequency: Weekly
• Monitoring of the treatment system operational parameters o The following components of the Treatment System shall be monitored and recorded on a site specific form. This form shall be stored in an electronic format on a web platform to allow for document transmission between the City and the successful Proposer and any other regulatory body identified by the City. .. General:
• Date
• Time
Page A1~2
ATTACHMENT A1: LANDFILL GAS OPERATIONS MONITORING AND MAINTENANCE • Weather Conditions
• Ambient Temperature
• Barometric Pressure
• Technician's Name
• Equipment Calibration:
• Time
• Calibrated Parameters
• Pre-Calibration Results
• Post-Calibration Results
• Post-Monitoring Calibration Check Results
• Knock Out:
• Knock Out Inlet Static Pressure (Inches of Water Column) • Knock Out Outlet Static Pressure (Inches of Water Column) • Knock Out Differential Pressure (Inches of Water Column) • Blower:
• Blower in Use (B-1 or B-2)
• Blower Inlet Gas Temperature (degrees Fahrenheit)
• Blower Outlet Gas Temperature (degrees Fahrenheit)
• Blower Inlet Gas Concentrations
o Methane (Percent by Volume)
o Carbon Dioxide (Percent by Volume)
o Oxygen (Percent by Volume)
o Balance Gas (Percent by Volume)
• Blower Inlet Static Pressure (Inches of Water Column) • Blower Outlet Static Pressure (Inches of Water Column) • Blower Differential Pressure (Inches of Water Column) • Flame Arrestor:
• Flame Arrestor Inlet Static Pressure (Inches of Water Column) • Flame Arrestor Outlet Static Pressure (Inches of Water Column) • Flame Arrestor Differential Pressure (Inches of Water Column) • Vent Stack:
• Vent Stack Gas Temperature (degrees Fahrenheit)
• Vent Stack Gas Concentrations
o Methane (Percent by Volume)
o Carbon Dioxide (Percent by Volume)
o Oxygen (Percent by Volume)
o Balance Gas (Percent by Volume)
• Vent Stack Static Pressure (Inches of Water Column)
• Vent Stack Maximum Pitot Tube Differential Pressure (Inches of Water Column)
• Vent Stack Flow Rate (Standard Cubic Feet per Minute) Note: The vent stack is outside of the enclosure for the treatment system and has the potential to be exposed to the public in the future. In an efforl to reduce the potential hazard to the public, an in-place sample port shall not be installed in the vent stack. The vent stack currently has a threaded sample port area with a plug installed, during monitoring at the vent stack this plug will need to Page A1-3
ATTACHMENT A1: LANDFILL GAS OPERATIONS MONITORING AND MAINTENANCE be removed and then re-installed after sampling is complete. The off gases going through the vent stack may contain flammable substances. As such, it is imperative that the responsible party makes sure that the sample port plug is threaded back firmly into place, to prevent discharging these gases into the atmosphere at human height levels.
• Control Panel:
• Treatment System Flow Rate (Standard Cubic Feet per Minute) • Blower Meter Hertz Reading (Hertz)
• Air Compressor:
• Air Compressor in Use (AC-1 or AC-2)
• Air Compressor Pressure Reading (PSI)
• Air Compressor Hour Meter Reading (hours)
• GAC/KMn0 4 Canisters:
• Primary GAC Canister:
o Canister in Primary Operation (GAC-1, GAC-2 or GAC-3) o Inlet and Outlet Static Pressure (Inches of Water Column) • Secondary GAC Canister:
o Canister in Secondary Operation (GAC-1, GAC-2 or GAC- 3)
o Inlet and Outlet Static Pressure (Inches of Water Column) • KMn0 4 Canister
o Canister in Operation (KMN-1 or KMN-2)
o Inlet and Outlet Static Pressure (Inches of Water Column) • TGNMOC Monitoring
o The Treatment System at the Landfill utilizes a
combination of Granular Activated Carbon (GAC) and
Potassium Permanganate (KMn0 4 ) through a combination
adsorption and oxidation process. The Treatment System
is intended to use two (2) GAG canisters and one (1)
KMn04 canister in series for effective treatment of the landfill gas and reduction in Total Gaseous Non-Methane Organic Compounds (TGNMOC). The following locations
shall be monitored using calibrated photo ionization
detector (PIO) for TGNMOC:
• Inlet of the primary GAC canister
• Inlet of the secondary GAC canister
• Inlet of the primary KMn0 4 canister
• Outlet of the KMn0 4 canisterNent Stack
o TGNMOC concentrations must be adjusted to a dry basis at 3.0% oxygen at the time of monitoring to verify
regulatory compliance
o Samples shall be collected into a clean tedlar bag (at a minimum bags shall be purged with Nitrogen Gas prior to each use) using a non-contaminating sampling method
(such as the use of a tung sampler)
Page A1-4
ATTACHMENT A1: LANDFILL GAS OPERATIONS MONITORING AND MAINTENANCE Perimeter Methane Monitoring Network
Frequency: Twice per Month
Alternative Frequency: Monthly
• Monitoring of the perimeter methane monitoring probe network o The Landfill currently has perimeter methane monitoring probe network consisting of 91 individual casings. The following information is to be recorded on site specific forms in an electronic format on a web platform to allow for document transmission between the City and the Proposer. o All components of the perimeter methane monitoring probe network are contained within vaults. Due to potential future security concerns for the landfill gas collection system these vaults are currently, and shall remain bolted closed.
Each time the components shall be monitored, the lid of these vaults will need to be unbolted and then sealed again after completion of the activities through bolting.
o The following information shall be recorded during each perimeter methane monitoring probe network event:
• General:
• Date
• Time
• Weather Conditions
• Ambient Temperature
• Barometric Pressure
• Technician's Name
• Equipment Calibration:
• Time
• Calibrated Parameters
• Pre-Calibration Results
• Post-Calibration Results
• Post-Monitoring Calibration Check Results
• Probe:
• Probe assigned ID No.
• Probe Depth (feet below grade)
• Probe Purge Volume (liters or time in seconds with specified equipment)
o Prior to collecting gas composition data or probe sample a full probe casing volume shall be evacuated (using the
GEM instrument or a portable hand pump)
• Time of Reading
• Static Pressure (Inches of Water Column to an accuracy of 0.00) • Methane Concentration (Percent by Volume)
• Methane Concentration (Percent of lower explosive limit) • Carbon Dioxide Concentration (Percent by Volume)
• Oxygen concentration (Percent by Volume)
• Samples shall be collected into a clean tedlar bag (At a minimum bags shall be purged with Nitrogen Gas prior to each use) using a non-contaminating sampling method (such as the use of a lung sampler)
Page Ai-5
ATTACHMENT A 1: LANDFILL GAS OPERATIONS MONITORlNG ANO MAINTENANCE Landfill Gas Collection System We!lfield Monitoring
Frequency: Twice per Month
Alternative Frequency: Monthly
• Monitoring of the landfill gas collection system well field o The followrng information shafl be recorded on site specific forms in an electronic format on a web platform to allow for document transmission between the City and the Proposer.
o Al! components of the landfill gas collection system are contained within vaults.
Due to potential future security concerns for the landfill gas collection system these vaults are currently, and shall remain bolted closed. Each time the components are inspected, the lid of these vaults will need to be unbolted and then sealed again after completlon of the activities through bolting. • General:
• Date
• Time
• Weather Conditions
• Ambient Temperature
• Barometric Pressure
• Technician's Name
" Equipment Calibration:
• Time
• Calibrated Parameters
• Pre-Calibration Results
• Post-Calibration Results
• Post-Monitoring Calibration Check Results
" Well
• Well Identification Number
• Time of Monitoring
• Gas Temperature (degrees Fahrenheit)
• Header Side Static Pressure (Inches of Water Column)
• Well Side Static Pressure (Inches of Water Column)
• Gas Concentrations:
o Methane concentration {Percent by Volume)
o Carbon Dioxide concentration (Percent by Volume)
o Oxygen concentration (Percent by Volume)
o Balance Gas concentration (Percent by Volume)
• Orifice Plate Differential Pressure (Inches of Water Column) • Orifice Plate GEM Calculated Flow Rate (Standard Cubic Feet per Minute)
• Control Valve Position (as percent open)
o The control valves at the site do not have a percentage open indicator on them; rather, they are gate valves that have a square bolt installed. These valves will need to be manipulated during each monitoring event to verify the
Control Valve Position accurately as percent open.
• Barometric Pressure at time of reading
Page A1-6
ATTACHMENT A1: LANDFILL GAS OPERATIONS MONITORING AND MAINTENANCE • Ambient Air Temperature at time of reading
Landfill Gas Collection System Wei/field Adjustments
Frequency: Twice per Month Alternative Frequency: Monthly "' Adjustment of the landfill gas collection system well field o In the weeks between the monitoring of the landfill gas coliection and control system the wells sha!! be adjusted for optimization of the collection network and proper tuning. The adjustments of the landfill gas collection system shall be recorded on a site specific form in an electronic format and available on a web platform to allow for document transmission between the City and the Proposer.
The adjustments to each individual collection system wefl that are determined to require an adjustment shall be recorded on a form that includes all the information from the well monitoring in addition to the adjusted readings.
Project Manager Site Inspection
Frequency: Monthly
• Site Inspection performed by the Project Manager for the Proposer o In an effort to ensure that the landfill gas collection and treatment system are in proper functional condition the Proposer's Project Manager must perform an inspection of the site. This site inspection must be documented in a format to allow for any potential deficiencies or issues identified to be transmitted clearly and electronically to the City.
Treatment System Sampling and Analysis
Frequency: Monthly
• Landfill gas treatment system sampling and laboratory analysis o In accordance with the Landfill Permit to Construct (that is expected to become the Permit to Operate with some changes) the Proposer shall extract a landfill gas sample from the following locations:
" Inlet to the Primary GAC Canister
"' Inlet to the Secondary GAC Canister
" Inlet to the KMn04 Canister
.. Outlet of the KMn04 Canister
o The following analysis shall be performed on these gas samples:
" TGNMOC (Parts Per Million as Hexane)
" Chain of Custody forms shall be scanned and made available to the City electronically
Alarm Verification and Testing
Frequency: Monthly
• Alarm Testing
o Test all alarms at the station and make record of findings. Alarm testing forms shall be made available electronicaHy to the City.
Perimeter Methane Monitoring Network Sampling and Analysis Frequency: Monthly
"' Perimeter Probe Sampling
o In accordance with SCAQMD Rule 1150.1 a gas sample from a perimeter methane monitoring probe shall be collected on a monthly basis to verify the gas Page A1-7
ATTACHMENT A1: LANDFILL GAS OPERATIONS MONITORING AND MAINTENANCE concentrations being monitored through the handheld monitoring equipment.
Instantaneous Surface Monitoring
Frequency: Quarterly
• Instantaneous surface monitoring
o In accordance with SCAQMO Rule 1150.1 and the Landfill's AMP, Instantaneous Surface Monitoring shall be performed on a quarterly basis. Monitoring shall be performed in accordance with all requirements of SCAQMD Rule 1150.1 and the Landfill's site specific AMP.
o The results of the Instantaneous Surface Monrtoring shall be transmrtted electronically to the City within 24 hours of the monitoring event. o Any exceedances of the regulatory limits for the Instantaneous Surface Monitoring shall be identified to the City within 1 day of the monitoring event to allow the City to approve necessary maintenance activities. o Follow up monitoring of any exceedances of the Instantaneous surface monitoring shall be coordinated with the City to ensure that the potential for acceptable readings on follow up monitoring are maximized.
Integrated Surface Sampling
Frequency: Quarterly
• Integrated surface sampling
o In accordance with SCAQMD Rule 1150 .1 and the Landfil!'s AMP, Integrated Surface Sampling shall be performed on a quarterly basis. Monitoring shall be performed in accordance with all requirements of SCAQMD Rule 1150.1 and the Landfill's site specific AMP.
o The results of the Integrated Surface Sampling shall be transmitted electronically to the City within 24 hours of the monitoring event.
o Any exceedances of the regulatory limits for the Integrated Surface Monitoring shall be identified to the City within 1 day of the monitoring event to allow the City to approve necessary maintenance activities.
o Follow up monitoring of any exceedances of the integrated surface monitoring shall be coordinated with the City to ensure that the potential for acceptable readings on follow up monitoring are maximized.
Ambient Air Sampling
Frequency: Quarterly
• Ambient air sampling
o In accordance with SCAQMD Rule 1150.1 and the Landfill's AMP, Ambient Air Sampling shall be performed on a quarterly basis. Monitoring shall be performed in accordance with all requirements of SCAQMD Rule 1150.1 and the Landfil!'s site specific AMP.
o The results of the Ambient Air Sampling shall be transmitted electronically to the City within 24 hours of the monitoring event.
o Any exceedances of the regulatory limits for the Ambient Air Monitoring shall be identified to the City within 1 day of the monitoring event to allow the City to approve necessary maintenance activities.
o Follow up monitoring of any exceedances of the Ambient Air monitoring shall be coordinated with the City to ensure that the potential for acceptable readings on follow up monitoring are maximized.
Page A1-8
AITACHMENT A1: LANDFILL GAS OPERATIONS MONITORING AND MAINTENANCE Condensate GAC Vessel Monitoring
Frequency: Quarterly
• Monitor the total organic compound emissions from the condensate tank GAC vessel o In accordance with the Landfill's Permit to Construct the GAC vessel on the vent stack of the condensate holding tank shall be monitored on a quarterly basis for the total organic compounds from the outlet of the carbon canister.
Positive Pressure Component Leak Testing
Frequency: Quarterly
• Component Leak Testing
o In accordance with SCAQMD Rule 1150.1 the positive pressure side of all components of the landfill gas treatment system shall be monitored for leaks through fittings and equipment on a quarterly basis.
Treatment System Source Testing
Frequency: Annually
• Source testing
o In accordance with the Landfill's Permit to Construct, SCAQMD Rule 1150.1 and the Landfill's AMP, Source Testing of the treatment system shall be performed on an annual basis. The source testing shall be performed with samples from both the inlet to the treatment system and vent stack and include a laboratory analysis of the following constituents:
• Methane concentration (Percent by Volume)
• Total Non-Methane Organics (Parts Per Million as Hexane) • Hydrogen Sulfide (inlet only, Parts Per Million by Vol.) • C1 through C3 Sulfur compounds (speciated)
• Carbon Dioxide (Percent by Volume)
• Toxic Organic Compounds (SCAQMD Rule 1150.1 Core List) • Oxygen (Percent by Volume)
• Nitrogen (Percent by Volume)
• Moisture Content
• Temperature
• Flow Rate
o Proposer shall be responsible for submitting a source testing protocol and getting SCAQMD's approval. The Proposer shall also be responsible for submitting a source testing report to both the City and SCAQMD. The approved source testing protocol and the final source testing report shall be made available to the City electronically.
Treatment System Gas Sampling and Analysis (Speciation) Frequency: Annually
• Speciation of GAC sampling and analysis locations
o In accordance with the Landfill's Permit to Construct (that is expected to become the Permit to Operate with some changes) the Proposer shalt extract a landfill gas sample from the following locations for an annual speciation analysis in accordance with the United States Environmental Protection Agency Method T0- 15:
• Inlet to the Primary GAC Canister
• Inlet to the Secondary GAG Canister
Page A1-9
ATTACHMENT A 1: LANDFILL GAS OPERATIONS MONITORING AND MAINTENANCE Inlet to the KMn04 Canister
• Outlet of the KMn04 Canister
Data Acquisition and Management Technology
In an effort to expedite the transmission of information between the City and the Proposer, the Proposer shall provide a web based platform to allow for the storage of information regarding activities at the LandfilL This web based platform must have the following parameters and features:
• Secure log in
• Restrictive ability to allow individual users to see only specific information $ Ability to store the following information:
o Wellfield Monitoring Forms
o Welffield Adjustment Forms
o Treatment System Monitoring Forms
o Condensate Sump Monitoring Forms
o Perimeter Methane Monitoring Probe Network Forms
o Non-Routine Budget Tracking Information
o Routine Budget Tracking Information
o Past Invoices
o Permits
o Regulatory Documents
o Correspondences
o Photograph log
o Monthly OM&M reports
o Regulatory Reports
Re12orting:
The reporting of the information that is collected is extremely important to verify that the landfill gas collection and treatment system is functioning as it was originally intended and is in accordance with the regulatory requirements imposed upon it. At a minimum, the following reports may be required:
Note:
It is important that the Proposer be up to date with the latest regulatory events and shall comply with the latest regulatory reporting requirements. " Monthly OM&M Report:
o A monthly OM&M report shall be developed by the Proposer and submitted to the City project manager containing all the monitoring results that were collected during the previous month. This report shall include the following items at a minimum:
" General overall condensate management system status
• Any problems or potential problems found
.. Remedial action performed to mitigate issues or exceedances " Inventory of on-site spare parts
• Field monitoring data
~ Wel!field adjustments performed
• Collection and treatment system maintenance schedule
" Results of PM Site Inspections
PageA1-10
ATTACHMENT A1: LANDFILL GAS OPERATIONS MONITORING AND MAINTENANCE .. Non--routine activities performed
o This report shall be submitted to the City project manager no later than the 21st of the following month in both electronic and hard copy format • Annual SCAQMD Emissions Report
o In accordance with SCAQMD Rule 1150.1 an annual emissions report shall be developed and submitted ..
• Annual AB-32 Landfill Methane Rule Report
o In accordance with CalRecycle an annual AB-32 Landfill Methane Rule Report shall be developed and submitted.
• Annual EPA Greenhouse Gas Mandatory Reporting Rule (e-GGRT) o In accordance with USEPA 40 CFR Part 98 an annual Greenhouse Gas Mandatory Reporting Rule Report shall be developed and submitted electronically through the USEPA e-GGRT system.
• Quarterly SCAQMD 1150.1 Report
o Within 30 days of the end of the last month of each quarter a quarterly SCAOMD Rule 1150.1 Report shall be developed and submitted.
• Annual SCAOMD 1150.1 Report
o Within 30 days of the end of the last month of the year an annual SCAQMD Rule 1150.1 Report shall be developed and submitted.
• Monthly LEA Probe Monitoring Report
o At the request of the LEA, a Probe Monitoring Report shall be developed and submitted to the LEA within one week of the probe monitoring event.
PART B: Non-Routine Activities
During the normal life of a landfill gas collection and treatment OM&M project, repairs and other activities will occur that will require actions above and beyond the typical, routine actions.
These activities are collectively called Non-Routine Activities and for the purpose of this RFP have been divided into two categories: Scheduled Non-Routine and Emergency Non-Routine.
B.1-Scheduled Non-Routine Activities
Scheduled Non-Routine Activities are repairs and maintenance that are not time critical and can be scheduled in advance with prior approval from the City project manager. This includes corrective repairs or maintenance work identified during the Routine OM&M inspections and site visits. This work will consist of but is not limited to items such as the repair of broken valves, replacement of torn flex hoses (greater than 4" in diameter), and repair of damaged conveyance Page A1-11
ATTACHMENT A1: LANDFILL GAS OPERATIONS MONITORING AND MAINTENANCE piping (greater than 4" ln diameter or any repair requiring excavation). Repair to piping and components less than 4" in diameter will be accomplished through the routine work performed.
This work is essential for the proper functioning of the landfill gas collection system; however, can be scheduled in advanced to allow for the procurement of materials, equipment, and scheduling of personnel. The following list includes some of the Scheduled Non-Routine Activities that are expected to occur during the contract period:
• Blower Belt Replacement
• Air Compressor Equipment Repairs
• Wellhead Replacement
• Well Valve Replacement
• Replacement of flex hoses 4" in diameter or larger
• Knockout vessel demister pad cleaning
• Condensate transfers
• Flow meter calibration
• Liquid level indicator replacement and/or calibration Approval of Scheduled Non-Routine Activities wlll be performed on a written basis approval.
The Proposer will submit a Non-Routine Work Order at least 1 week prior to the proposed date of the activities. The City will then review, negotiate the cost, and approve or deny the Non Routine Work Order. Once written approval is received from the City project manager. the Proposer can then perform the activities that were identified in the Non-Routine Work Order. All Non-Routine Activities will be performed on a lump sum basis.
The following information shall be included in all Non-Routine Work Orders:
• Submitted Date
• Description of the Non-Routine Activity
• Non-Routine Task Number
• Staff required for the Non-Routine Activity
• Estimated hours for each Staff type
• Total Lump Sum cost for the non-routine activity
B.2~Emergency Non-Routine Activities
Emergency or Unscheduled Non-Routlne Activities are items that require an immediate response. Typically, due to their sensitive nature, such activities shall be addressed PageA1-12
ATTACHMENT A1: LANDFILL GAS OPERATIONS MONITORING AND MAINTENANCE immediately. The City's project manager shall be notified promptly and made aware of the situation. Cost estimates shall be submitted to the city's PM within 3 days of the event. Upon approval of the costs, a verbal authorization will be granted to proceed with the necessary repairs, pending the preparation of the required paper work to complete a Work Order form.
The following are potential Emergency Non~Routine Activities that are expected to occur during the life of this contract:
• A shutdown of the blower facility
• Power outage
• Repair of landfill gas and/or condensate system piping breaks or separations that cause the automatic shutdown of the collection and treatment system • Response to odor complaints
• Condensate transfers (should be minimized through aggressive monitoring of condensate holding tank)
• Responses for any compliance issues including but not limited to elevated methane in the perimeter methane monitoring network and surface emission exceedances • Response to a sub-surface fire event
The Proposer is expected to respond to carrouts from the autodialer seven (7) days per week during daylight hours. Due to the dangerous conditions that may exist on certain landfill sites, the Proposer will not be required to respond to autodialer call outs in non-daylight hours but is expected to respond the following morning.
Page A1-13
BACKGROUND
ATTACHMENT A3: GENERAL SITE ACTIVITIES
ATTACHMENT A2
SCOPE OF WORK
GROUNDWATER MONITORING AND REPORTING
Groundwater monitoring and reporting activities at the former Sparks, Anderson and Rains Pits are performed on a semi-annual basis as required by the Santa Ana Regional Water Quality Control Board. The existing groundwater monitoring system at the former Sparks, Anderson and Rains Pits includes twelve monitoring wells (Figure 1 ), as summarized in the following table.
Monitoring Point Groundwater Monitoring Point
Zone 1.0.
First Shallow Zone MW-31, MW-4A2 I DP-1, DP-2 0 to 30 ft bQS Groundwater Shallow Zone Medium Deep Zone Monitoring Well - 30 to 55 ft bgs MW-48 2 , MW-10, MW-12 Compliance
Deep Zone MW-14D, MW-150
Groundwater Shallow Zone Medium Deep Zone MW-2, MW-11 30 to 55 ft bgs Monitoring Well - Background Deep Zone MW-130
Well MW-3 is screened from 25 to 55 ft bgs, i.e., across both the First Shallow and the Medium Deep groundwater zones.
2 Wells MW- 4A and MW-48 are installed within the limits of the Davis Mud Pit.
During each semi-annual monitoring event, groundwater elevations in all site wells are to be measured prior to initiation of any purging and sample collection activity.
Shallow and deep zone groundwater monitoring wells MW-2, MW-3, MW-48, MW-10, MW-11, MW-12, MW-130, MW-140, MW-150, DP-1 and DP-2 are to be sampled using the following protocols:
Upon arrival at each welfhead, the monitoring point will be inspected for evidence of tampering and/or vandalism and the well identification information will be recorded.
Prior to sounding each well, the weighted water level indicator (sounder) will be decontaminated using non-phosphate soap solution followed by two rinses with deionized Page A2-1
ATTACHMENT A2: GROUNDWATER MONITORING AND REPORTING
water. Once the wells are sounded, the initial water level and total depth (wherever possible) of each well will be recorded.
Groundwater Sampling Using Non-Dedicated Equipment
Wells DP-1 and DP-2 are equipped with dedicated bladder pumps, well purging and sampling at these two locations will be performed in accordance with USEPA guidelines for Low-Flow I Minimal Drawdown sampling.
All other wells shall be purged using non-dedicated new polyethylene disposable bailers or non-dedicated electric submersible pumps which are decontaminated prior to introduction into each well. A minimum of three well volumes of water shall be purged prior to sampling. Based on the measured depth to water, the total depth of the well, and the known casing diameter, a purge volume will be calculated using the following equation:
CV = (7.48[1) [(CD/2)2] (HW)
where:
CV = well casing volume (gallons)
CD = casing diameter (feet)
HW = height of water column within well (feet)
7.48 = conversion from cubic feet to gallons
• Decontamination procedures for non-dedicated pumps shall include rinsing the exterior of the pump and discharge tubing with a non-phosphate detergent solution followed by a deionized water rinse; and cycling a non-phosphate detergent solution, potable water and deionized water through the pump and discharge tubing.
If a non~dedicated pump is used for well purging, the pump shall be placed in the center of the screened interval for purging.
Each well with sufficient recharge will be purged of a minimum of three casing volumes and allowed to recover to within 80 percent of the initial water level prior to sampling.
Slow recharge wells shall be purged of a minimum of one borehole volume and allowed to recover sufficiently (for a period of no more than two hours) prior to sampling.
ATTACHMENT A2: GROUNDWATER MONITORING AND REPORTING
To ensure that fresh formation water is coming into the well during purging, the following parameters shall be monitored approximately every ten minutes during purging: electrical conductivity, oxygen releasing potential, dissolved oxygen, pH, turbidity and temperature.
Sample Collection and Preparation
For wells without dedicated equipment, samples shall be collected using a new disposable polyethylene bailer.
Samples will be labeled to identify the date and time of sampling, site location and well identification number.
Purge water is to be containerized into 55-gallon Department of Transportation approved drums. Based on the results of analytical testing, the selected proposer will contact the RWQCB and gain written approval to allow purge water be disposed of by broadcasting to the site surface for dust control.
Analytical Testing
In accordance with the Reduction in Monitoring Frequency and Sampling and Analysis Program Modifications, approved by the RQWCB on September 20, 2012 samples collected from each well will be analyzed for the following:
• Metals: Samples from all wells will be analyzed for antimony, arsenic, mercury, calcium, iron, magnesium, potassium and sodium. In addition, samples collected from deep zone wells will also be analyzed for chromium, hexavalent chromium and lead; • General Chemistry Constituents: pH, specific conductance, total dissolved solids, turbidity, chloride, fluoride, sulfate, nitrate (as nitrogen), chemical oxygen demand and ion balance; and
• Target Volatile Organic Compounds (VOCs): benzene, trichloroethylene (TCE), tetrachloroethylene (PCE) and vinyl chloride.
One trip blank and one field blank will be collected during each day of sampling. These blank samples will be analyzed for target voes listed above only.
All analytical testing will be performed by a State Certified testing laboratory. Proposers will provide the name, address and contact information for the laboratory they intend to use along with copies of up to date certifications to perform these tests in the State of California.
Page A2-3
ATTACHMENT A2: GROUNDWATER MONITORING AND REPORTING
Reporting:
Prior to the 101h of the month following the end of each semi-annual monitoring period (Le., April 1 oth and October 101h) a draft semi-annual report will be submitted to the City for review. The report will include the following elements:
• Description of Site Hydrogeology and History
• A Summary of Groundwater Monitoring Activities
• Groundwater Flow Direction/Gradient
• Summary of Groundwater Purging and Sampling Activities • Discussion of the Results of Analytical Testing
• Identification of New Historical Intra-well Maximum Values • Discussion of Maximum Contaminant Concentrations
• Conclusions and Recommendations
• Tabulated Historical and Current Analytical Results
• Shallow and Deep Zone Groundwater Contour Maps
• Time Series Charts for Key VOCs (see previous reports)and • Supporting Data and Documents
Following receipt of comments from the City, a final report will be issued to the City (hard copy) and the Santa Ana RWQCB (electronic submittal only) no later than the final day of the month following the end of each semi-annual monitoring period. Finalized submittals and data shall be uploaded to the State's Geotracker website on behalf of the City.
Non-Routine Groundwater Monitoring Activities
Although there are no defined non-routing activities under the groundwater monitoring task, there is the potential for some, or all of the following to be required under this contract:
• Off-site disposal of purge water
• Monitoring well redevelopment
• Repair of monitoring well surface completions
• Repair of dedicated sampling pumps
• Meetings with the RWQCB
Page A2A
ATTACHMENT A2: GROUNDWATER MONITORING AND REPORTING . .
All non-routine activities will be performed under written work authorization signed by the City.
A budgetary allocation has been established to cover non-routine groundwater monitoring activities.
Page A2-5
ATTACHMENT A3: GENERAL SITE ACTIVITIES
ATTACHMENT A3
SCOPE OF WORK
GENERAL SITE INSPECTIONS, SWPPP MAINTENANCE ANO REPORTING General Site Activities Scope of Work
The General Site Activities scope includes three. separate components (Landfill Cover, Site Security, and Storm Water), each of which must be inspected, monitored and reported on in accordance with the requirements of each component. The successful Proposer will be required to perform General Site Activities in accordance with the scope of work provided herein.
PART A: Routine Inspections, Maintenance, Monitoring and Reporting:
Landfill Cover Inspections:
The successful Proposer will conduct monthly visual inspections by walking the site to visually observe the following:
• Evidence of erosion
• Visible depressions
• Ponded water
• Odor
• Exposed refuse
• Cracks
• Settlement and subsidence
• Slope failure
• Leachate seeps
The existing cover will also be visually inspected following significant events, such as a major rainstorm or a major earthquake. Observations will be recorded on a form similar to the Sample Form No. SP1-1 (attached). For the purposes of this scope of work, the Proposer should assume that a total of four (4) significant events requiring site inspections beyond the monthly prescribed inspections will occur during each calendar year.
Page A3-1
ATTACHMENT A3: GENERAL SITE ACTIVITIES
During each visual inspection the following wiH be noted (at a minimum): unusual surface conditions; areas of slope failure; depressions; differential settlement; slumping; fissures and/or cracking; erosion; ponding; staining; seepage into or from the cover; and observable deviations from the design and construction specifications.
Within 24 hours of completion of an inspection, tl1e successful Proposer will submit the completed inspection form electronically to the City along with recommendations for any repairs or mitigating actions to correct detrimental site conditions. Based on these recommendations, the City will make a determination whether repair activities should be performed and request a separate non-routine work estimate from the successful Proposer as necessary. Clearing of minor amounts of miscellaneous debris from the site and site drainage ways wili be considered part of routine inspection activities. Clearing of major blockages of drainage ways will be considered a non-routine task and will be performed under separate work order.
The successful Proposer will prepare a cover letter transmitting the completed site inspection form and submit the letter and attached form to the RWQCB not more than 15 days following the completion of each month.
Site Security Inspections
The successful Proposer wHI be required to conduct quarterly inspections and maintenance of the fence and gates. During each inspection the entire site perimeter will be walked and the fencing inspected for breaks, damage, loose tension, and corrosion. Gates will be inspected for adequate movement and intact locks.
Fence and gates lnspections will also be performed following significant events such as earthquakes, fires, landslides, and heavy rainstorms/windstorms. For the purposes of this scope of work, the Proposer should assume that a total of Qne (1) significant events requiring site inspections beyond the quarterly prescribed inspections will occur during each calendar year.
Within 24 hours of completion of an inspection, the successful Proposer will submit the completed inspection form SP1-1 electronically to the City along with recommendations for any repairs or mitigating actions to correct detrimental site conditions. Based on these recommendations, the City will make a determination whether repair activities should be performed and request a separate non-routine work estimate from the successful Proposer as necessary.
Page A3-2
ATTACHMENT A3: GENERAL S!TE ACTIVITIES
Storm Water
The successful Proposer will be responsible for implementing the storm water monitoring activities in compliance with:
• Surface drainage from the landfill is subject to State Water Resources Control Board Water Quality Order No. 97-03-DWQ NPDES General Permit No. CAS000001 (Industrial General Permit, IGP)
• As part of the requirements for a General Industrial Activities Storm Water Discharge Permit, a SW PPP has been prepared by the City for the landfill in compliance with the State's NPDES permit requirements. The SWPPP includes requirements for inspection, sampling, observations, and reporting as required by a Notice of Intent (NOi) and the General Industrial Activities Storm Water Discharge Permit issued by the RWQCB. • All sampling will be performed as described in the current Site SWPPP (attached).
PART B: Non-Routine Activities
During the normal life of a landfill repairs and other activities will occur that wifl require actions above and beyond the typical, routine inspections and monitoring. These non-routine activities will be addressed through non-routine work orders that will include cost estimates for performance of the specific task(s) needed. The successful proposer will prepare all estimates and work orders associated with the performance of non-routine tasks and track their performance and completion. No non-routine tasks will be performed without prior written authorization from the City.
Page A3-3
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EXHIBIT B
SITE MAP
Sparks~Rains & Anderson Pit Landf lls
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Map Location Legend
D Sparks-Rains, Anderson Pit Landfills
City of Anaheim
Comm Dev Technology
November 5, 2014
2666
EXHIBIT "C"
SCHEDULE OF COMPENSATION
BID SCHEDULE
CITY OF ANAHEIM
ATTACHMENT C: COST TABLES
LANOfl!..l GAS OPERATIONS, MAfNTENANCE AND MONITORING, GROUNDWATER MONITORING AND REPORTING, ANO STORM WATER. POLLUTfON PREVENTION PLAN COMPLIANCE FOR SPARKS·RAINS A.ND ANDERSON PIT LANDFILLS SITE Account No. 730-411-S264-7808-RAP
The folfowlng proposal prices shall include furnishing of labor, equipment, materials and coordination with other contractors as required for the completion of work in accordance with these specifications and accompanying drawings. The "Summary of Work Ref." column below is to be used as a cross-reference with the RFP, for further detail on the description of work for each bid item.
Summary of Unit
Item Descrio!ion Work Ref. Quant!tv Uni! Price
1 All inclusive Routine Operations. Monl!orlng and Malnlenance of the landfill Gas Extraction. Treatment and Monitoring System per A1 1 LS $177,196 Part A of A 1 . for the annual lump sum price of:
2 Non.Routine Maintenance of the Landfill Gas Extraction, Treatment and Monitoring System per Part B of A 1, for unanticipated work due to unknowns not shown on plans or :speclflca~ons, as required per A1 1 T&M $10,000 the direction of the Owner. paid per Section 3-3.2 of the Greenbook:
3 Routine Semi-Annual Groundwaier Monitoring and Repo11ing per A2. LS $37.000 A2.. complete and operational for the annual lump sum price of; 1 4 Non-Routine Groundwater related activities per A2.. for unanticipated work due to unknowns not shown on plans or specifications. as required per the direction of the Owner, paid per A2. 1 T&M $10,000 Section 3-3.2 of the Greeriboolc.:
5 General site inspections and SWPPP maintenance and reporting per Part A of A3. complete and operational for the annual lump sum A:J 1 LS I $35.384 ptice of:
6 Non-Routine site Inspections and SWPPP maintenance and reporting per Part a of A3, for unanticipated work due to unknowns not shown on plans or specifications, as required per the dfrecfion A3 1 T&M $10,000 of the Owner, paid per Section 3-3.2 oflhe Greenbook:
----
B!D TOTAL {ITEMS 1 THROUGH 6)
The undersigned bidder certifies that he/she has thoroughly checked the figures set forth in this proposal, that !hey are correct to the best of his I her knowledge and cons!ilute his! her proposal to perform all of the work called out and implied throughout these Contract Documents.
~LUQ~,;1 Signaiure'ot Bidder:
Christine Arbogast. Vice President Solid Waste
Printed Name of Bidder
909.860. 7777
Phone Number
Tetra Tech BAS
Company Name
Total
Price
$177,196
$10,000
$37,000
$10,000
$35,384
$10,000
$279,580
christine [email protected]
Email · · ·
PageA3-2
TETRA TECH S
landfill Gas OM&M Cost Estimate - Frequency & Cost Table Task Description 1
Yearl Years2&3 -
Frequency Anticipated Annual Costs Frequency Anticipat1,1d Ann1,1a! Costl Condensate Sump Monitoring Weekly $ 10,845.00 Twice per Month $ 6,08~-00 Condensate Sump Inspection Weekly $ 7,897.00 Twice per Month s 4,72,LOO Treatment System Monitoring Weekly $ 9,686.00 Weekly $ 9,686.00 Perimeter Methane Monitoring Network Monitoring Twice per Month $ 28,225-00 Monthly $ 15.EH3.00 landfill Gas Collection System WeUfie!d Monitoring Twice per Month $ 26,057.00 Monthly $ 14,029-00 landfill Gas Collection System Wellfield Adjustments Twice per Month $ 7,014-00 Monthly $ 4,007.00 Project Manager Site lnspection Monthly $ 19,344_00 Monthly s 19,344.00 Treatment System Sampling and Analysis Monthly $ 13,320.00 Monthly $ 13,32,0.00 Alarm Verification and Testing Monthly $ 486.00 Monthly j $ 486.00 Perimeter Methane Monitoring Network Sampling and Analysis Monthly $ 10,789.00 Monthly s 10,789-00 lnstanumeous S,irface Monitoring Quarterly $ 3,209.00 Quarterly $ 3,209.00 Integrated Surface Sampling Quarterly $ 5,617.00 Quarterly $ 5,6l7.00 Ambient Air Sampling Quartt>rly $ 8,662.00 Quarterly $ 8,&62.00 Condensate GAC Vessel Monitoring Quarterly $ 81.00 Quarterly $ 81-00 ... --Positive Pressure Component Leak Testing Quarterly $ 878-00 Quarterly $ 878,00 Treatment Sv,tem Source Testing Annually s 9,51;!.00 Annually .$ 9,512.00 Treatment System Gas Sampling and Analysis (Speciaction) Annually $ sss_oo Annually $ 885.00 Data Acquisition and Management Technology Continuous $ 2,760.00 Continuous $ 2,760-00 OM&M Report Monthly $ 5,664.00 ! Monthly $ S,6!>4.0Q
m·-·---Annual SCAQMD Emissions Report Annually $ 669.00 l Annually $ $69.00 - - Annual EPA Greenhouse Gas Mandatory Reporting Rule (e-GGRT) Annually $ 744.00 Annually $ 744.QO Quarter!v SCAQMO 1150.1 Report Quarterly s 2,412.00 ! Quarterly $ 2,4:\.,'.0Q Annual SCAQMD 1150.1 Report' Annually $ 610_00 1 Annually $ 6l0.00 Monthly LEA Probe Monitoring Report Monthly $ 1,830.00 Monthly $ uuo.oo Annual Cost: $ 177,196.00 Annual Cost: $ 1.iMfr.00
Monthly Cost: $ 14,766.00 Monthly Cost: $ U,SOU)O
Notes;
1) Task Oescription5 from the Scope of Work ide-ntlfied in the Request for Proposals 2) Anticpated costs for Years 2 and 3 are based on 2014 Schedule of Charges and do not include applicable increase in rates due to the Consumer Price Index changes, which wm be determined ~nd inw,pornted at that time
3) Annual AB-32 Landfill Methane Rule Report has been incorporated lnto Annual SCAQMD 1150.1 Report task per Addendum 3 [ ,t:] TETRA TECH BAS
!'1;RSONNEI.
Princip•I (P)
Principal Engineer (PRE)
1360 Valley Visu Drive
Diamond Bar, California 9176S
(909) 860-7777
SCHEDULE QE CH~
Principal Sorro Wute Planner (PSW)
Division f.ngineer (DE)
Priocipa! Administrator (PA)
Senior Project Manager (SM)/Chief Engineer (CE)
Proiect Manager Ill (PM-Ill)
Project Manager 11 (PM-11)1 Engineer VII (E.Vll)
Prolec.t Manager l (PM-I) I Engineer VI (E-VI)
E:ngineer V (E-V}
Engineer IV (E-IV)
Engineer HI (E·UI)
Engineer II {E-H)
Engineer I {E-1)
Engineer (E)
Senior Projeu Designer (SPO)
Project Oe,igner (PD}
Senior O..signer (SOD)
Designer (OD)
Senior Drafter (SO)
Drafter (D)
Senior CADD Oper..tor (SCO)
CADD Operator (CO)
Reguluory Comp"ance Manager (RCM)
Senior Regubtory Compliance Specblist (SRS}
Regulatory Compliance Specialist II (RS-11)
R(!!1.1latory Compliance Speciaftst (RS)
Senior Environmental Scientist (SNS)
Senior Envlronmem:al Spedalist (SES)
Environmer.u:I Sp,1.cialist Ill (ES-Ill)
Envlronmenu.l Specialist Jl (ES-ti)
Environmental Spedalist I (ES-I)
Erwironfll""tal Spe,:iaijst IES)
Landscape Arthitect
Project Atcountant/An:ifyst (M)
Senior Pcoject Coordinator (SPC)
Projett Coordinator (PC)
Se<'llor r echnical Editor (STE)
Administrative Assisunt IADA)
Data (DP)/Word ProCe$$ing Secnwy (WP)
Office Services Oerl< (OS)
Gener.ii Oerk (C)fTypist (Y)
Ona Analyn (DAJ
Senior Consll'\ICoon Ma.n;,ger (SCM)
Construction Manager (CM)
Con,tru,ti"'1 Supervisor (CS)
Conmuctior. fnginttring Tedlniclan (CET)
Chief foginetioring T ethnidan (CT)
Engln.,ern,g T edloidan V (ET.V)
Engineertng T <!Clmiaan IV (ET-IV)
Engineering Tedmician tu (ET-Ill)
Engineenng T edmi<ian II (ET -II)
Engineering T edmician I (ET-I)
Engineering Technician (ET)
Chief of Survey Parties (CSP)
2-Man Survey Part)' (S1'-2M)
I -Man Survey Pai-cy with Gf'S ( 1 M-GPS)
Court Appearance {Exp<)rt Wlmess. Deposition, etc.)
Ovtrtime Premium is 50% of /'er,;ortnel Hourly Rt/ti,
(U{«tivt: October /. 2013 • Sc,ptemb,,r 30. 2014)
HOURt.Y..
Mil..
$249
$221
$211
$211
$201
$!99
$184
$174
$164
$149
$139
$129
$119
$109
$99
$165
$149
$136
$125
$111
$101
$91
$Bl
$1S7
$149
$135
$121
$161
$141
$134
$129
$113
$101
$135
$'12
$134
$115
$111
$91
$81
$75
$68
$61
$198
$175
$ISO
$141
$131
$115
$103
$89
$79
$66
$44
$141
$2-49
$188
I.S X Hourly Rate
TETRA TECH
1360 Valley Vista Drive
Diamond Bar, California 9 ! 765
(909) 860-7777
REIMBURS_ABLE ~HARGES
Effective October I, 2013 - September 30, 20 f 4
In addition to the above charges for professional services (tnduding routine expenses), we require reimbursement for the following items:
Reproduction/Plotting: Xerox Copies $0.!0/page
Color Copies $0.SO/page
Wide Format Copies $0.30/sq. ft.
Blueprints $0 .SO/sq. ft.
Bond Plotting ·- Black & White $2.00/sq. rt.
Bond Plotting - Color $4.00/sq. ft.
Vellum Plotting $4.00/sq. ft.
Mylar Plotting $5.00/sq. ft.
Telefax (Outgoing only); $1.00/page
Mileage: Personal Vehlde $0.60/rnile
Company Vehide $0.70/mile
OR
10% OF TOTAL PERSONNEL FEES
Company Vehicles $15 .00/hour
Survey Vehicles $15.00/hour
Other Out-of-Pocket Expenses/Supplies/Travel Cost+ 10%
Equipment Usage See Attached Schedule
Consultants/Outside Services Con+ IO%
Construction Services Cost+ 10%
Per Diem for Living Expenses Federal Races
CADD Computer Usage $ I 0.00/hour
field Computer Services $40,00/week
GPS Survey Equipment Services $40.00/hour
Carbon Change Out Cost+ !0%
Potassium Permenganate Out Cost+ 10%
Condensate Disposal Cost+ !0%
Courier Service for Laboratory Samp!es $1 !O I Event
Laboratory Analysis - Rule I I SO. I VOC (by GC/MS) $350 I Sample laboratory Analysis - TGNMOC {by USEPA Method 25) $ i 85 I Sample $145 / Sample
Monitoring Expenses do not indude any Ti BAS labor which will be incorporated into non-routine work orders if ;g~~~~l'.lf 3
TETRA TECH BAS
1360 Valley Vista Drive
Diamond Bar, California 91765
(909) 860-7777
l;QUIPMENT RENTAL RATES
Effective October I , 20 13 - September 30, 20 14
TYPE OF EQUIPMENT DAY
4 Gas Range Meter CH4, H2S, CO, 02 (Sentinel 44) $75
Alpha - I Personal Sampling Pump $75
Disposable Bailer $20/each
CO2 Calorimetric Analysis Tubes $40
Downhole Camera $75/hr
Dupont Dosimeter Mark-3 (Personal Sample Pump) $50
flow Calibrator (Grnan) $50
Gas Extraction Monitor {GEM 2000 I 2000 Plus I 5000) $125 Lung Sampler $100
Mini-Ram Data Logger $40
Mini-Ram Dust Meter $50
Organic Vapor Analyzer $125
Photo Ionization Detector (OVM580B) $125
Sample Train (Gas Extraction Pump) $50
Soll Auger/Sampler $30
Sounder (Liquid Level Indicator) $40
Horiba Meter $50
MiniRae 2000 $15
GT Surveyor $75
Groundwater Sampling Equipment $30/hour
Company Vehicle $120
Field Sampling Supplies: 100/day
LEVEL C (Per Person) $150
Respirator with Cartridge (full or half faced)
Tyvek Coveralls
Outer Gloves
Glove Liners
Neoprene Boots
WEEK MONTH
$200 $S00
$200 $500
n/a n/a
$125 $250
n/a n/a
$150 $300
$150 $300
$350 $900
$300 $800
$125 $250
$150 $300
$400 $1,000
$400 $1,000
$150 $300
$90 $180
$125 $250
$200 $400
$200 $500
$200 $500
n/a n/a
$480 $1,250
n/a nJa
n/a n/a
\\BASS302FS1.TT.LOCAL\client data\Proposals\Anaheim\p14-4352 Sparks O+M\Proposal Files\Fee Estirnate\MGG\Anaheim, 8-20-14, OM&M Rate Sheet - Page 3 of 3
C.. .
Ge- ga 7? . s
FIFTH AMENDMENT
TO
PROFESSIONAL SERVICES AGREEMENT
THIS FIFTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT ( the Fifth Amendment"), dated for purposes of identification only as of 9/ 14‘ , 2021 by and
between the CITY OF ANAHEIM, AS SUCCESSOR AGENCY TO THE ANAHEIM REDEVELOPMENTAGENCY, a public entity organizedandexistingunderCalifornia Health and Safety Code Section 34173 ( the " City"), and TETRA TECH BAS, INC., a California corporation ( herein referred to as " Consultant"), having its principal place of business at 1360 Valley Vista Drive in the City of Diamond Bar, California 91765, with reference to the following:
A. The City and Consultant entered into that certain Professional Services AgreementdatedOctober7, 2014, which is incorporatedhereinby this reference (the "Original Agreement"), whereby Consultant agreed to provide and has provided assistance with the operations, monitoring and maintenance of the Sparks-Rains and Anderson Pit Landfills; and B. The City and Consultant entered into that certain First Amendment to ProfessionalServicesAgreementdatedMay 17, 2016, which is incorporatedhereinby this reference ( the " First Amendment"), whereby the City and Consultant ( each, a " Party" and, jointly, the " Parties") agreed to amend, modify and supplement certain portions of the Original Agreement. Amongotherthings, theFirstAmendmentestablishedEightHundredThirty-eighty Thousand Seven Hundred Forty and No/ 100 Dollars ($ 838, 740. 00) as the Maximum Compensation under the Original Agreement; and
C. The Parties subsequently entered into that certain Second Amendment to ProfessionalServicesAgreementdatedOctober7, 2017, whichis incorporatedhereinby this reference ( the " Second Amendment"), whereby the Parties agreed to amend, modify and supplementcertainportionsof the Original Agreement. In particular, the City electedto extend the term of the Original Agreement to October 7, 2020 ( First Extension Term); and D. The Parties thereafter entered into that certain Third Amendment to Professional ServicesAgreementdatedJanuary14, 2020, whichis incorporatedhereinby thisreference (the Third Amendment"), whereby the Parties agreedto amend, modify and supplementcertain portionsof theOriginal Agreement. Among otherthings, theThird AmendmentestablishedOne Million Five Hundred Thousand and No/ 100 Dollars ($ 1, 500, 000. 00) as the Maximum Compensation under the Original Agreement; and
E. The Parties thereafter entered into that certain Fourth Amendment to Professional ServicesAgreementdatedSeptember15, 2020, whichis incorporatedhereinby thisreference the " Fourth Amendment"), whereby the Parties agreed to amend, modify and supplement certain portions of the Original Agreement. Among other things, the Fourth Amendment established Five Million Eight Hundred Thousand and No/ 100 Dollars ($ 5, 800, 000. 00) as the Maximum Compensation under the Original Agreement; and
1 F. Collectively, the Original Agreement, the First Amendment, the Second Amendment the Third Amendmentand the Fourth Amendment shall be referred to as the Agreement"; and
G. ThePartiesnow desireto amend, modify andsupplementcertainportionsof the Agreementin orderto increasetheMaximumCompensation; to memorializetheCity's election to exercise its rights under the Agreement to extend the Term of the Agreement to October 7, 2023 ( Second Extension Term); and to incorporate a Third Extension Term into the Agreement.
NOW, THEREFORE, thePartiesherebyagreeasfollows:
Section 1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall havethe meanings setforth for such terms in the Agreement.
Section 2. Term. " Section3. Term" of theOriginal Agreementis herebyamendedto read in full as follows:
Section 3. Term.
3. 1 Initial Term. This Agreement shall be for a term ( the " Initial Term") commencing on the Effective Date ( as such term is hereinafter defined in Section 9.15) and terminating on the close of business on October 7, 2017 (the Term Expiration Date"), subject to earlier termination as provided in Sections
6. 1.4 and 7 hereof.
3. 2 Extension of Initial Term. The City shall have the exclusive right, in its discretion, to extend the Initial Term of this Agreement for the following extensionsanduponthefollowing terms:
Extension ( the " First Extension Term") commencing on the close of businesson October7, 2017andterminatingon the closeof business on October 7, 2020); and
Extension ( the " Second Extension Term") commencing on the close of businesson October7, 2020andterminatingon the closeof business on October 7, 2023.
Extension ( the " Third Extension Term") commencing on the close of businesson October7, 2023andterminatingon the closeof business on October 7, 2026.
The Director is hereby authorizedon behalf of the City to give written notice to the Consultant of the City' s intention to exercise each Extension (if at all) no later than thirty ( 30) days prior to the Term Expiration Date or the then expiring Extension. Except as specifically set forth herein, the terms and conditions of each Extension will be the same. The extension of the Initial Term 2 for eachExtension (if at all) shall be approvedby the Director, in his sole and absolutediscretion, in the form of anamendmentto this Agreement, settingforth the agreed upon amount of compensation and rates and charges and such other terms and provisions as the parties may agree upon for each Extension.
The rates and charges set forth in Exhibit C shall remain valid and in effect from the Effective Date of this Agreementto and including the Term Expiration Date, i. e., the close of business on October 7, 2017. Thereafter, any proposed adjustment to Consultant' s rates and charges for each Extension shall be submitted to the Director, in writing, no later than forty- five (45) days prior to the end of the Initial Term or the then expiring Extension. No adjustment request shall be accepted by the City unless timely submitted in writing. No adjustment to rates and charges during the Initial Term shall become effective without the prior written approvalof theDirector. No adjustmentto ratesandchargesduring each Extension Tenn shall become effective without the prior approval of the Director in the form of an amendment to this Agreement. Failure to agree upon any proposedincreaseof rates and chargesduring the Initial Term shall be cause to terminate the Agreement.
TheCity's obligationto pay thesumherein statedfor anyonefiscal year or portion thereof) shall be contingentupon the City Council appropriatingthe necessaryfundsfor suchpaymentby the City in eachfiscal yearduringthe term of this Agreement, as the same may be extended. In the eventthat the City Council fails to appropriatethe necessaryfunds for any fiscal year (or portion thereof), then, and in that event, the City, acting through its Director, may terminatethisAgreementby giving writtennoticeto theConsultantspecifyingthe date of termination. Shouldthe City terminatethis Agreement, theCity shallpay the Consultant for services satisfactorily provided and all allowable reimbursements incurred to the date of termination in compliance with this Agreement."
Section 3. Maximum Compensation. Subparagraph 4. 3 of " Section 4.
Compensation" of theAgreementis herebyamendedto readasfollows:
4. 3. Maximum Compensation. It is understood and agreed between the Parties to this Agreement that full and complete payment for all Services provided in accordance with this Agreement, including sub- consultant fees, and reimbursable expenses, shallnot exceedSevenMillion Six HundredandForty-OneThousandDollars and No/ 100 ($ 7, 641, 000. 00) ( the " Maximum Compensation") without the prior written consentof the City."
Section 4. Exhibit C. Exhibit C attachedto the Original Agreementis hereby amendedto includeExhibit C-2 attachedheretoandincorporatedhereinby thisreference.
Section 5. Integration. This Fifth Amendment, theAgreementspecificallyreferred to herein, andall attachmentshereto (if any) integrateall of the termsandconditionsmentioned herein, and supersede all negotiations with respect to the subject matter hereof. This Fifth 3 Amendmentamends, as set forth herein, the Agreementand, exceptas specifically amended hereby, the Agreement shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this Fifth Amendment and the terms and provisions of the Agreement, the terms and provisions of this Fifth Amendment shall control and govern the rights and obligations of the Parties.
IN WITNESSHEREOF, thePartiesenterinto this Fifth Amendmentonthe yearandday first above written.
CONSULTANT" CITY"
TETRA TECH BAS, INC., CITY OF ANAHEIM, AS SUCCESSOR
a California corporation AGENCY TO THE ANAHEIM
REDEVELOPMENT AGENCY, a public
entity organized and existing under
California Health and Safety Code Section
34173
fes
By: — :., 07, L IIIII By: hj' cU f
I
2. 6
l
rey M. illiams Grace Stepter
i nancial Officer Acting Executive Director
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9 APPROVED AS TO FORM: ATTEST:
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ROBERT
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ATTORNEY ASS, CIT_
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eonie Mulvihill cj` ,
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Assistant City Attorney
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4 EXHIBIT C- 2
Behind this Page]
SPARKS ANDERSON RAINS PITS
AMENDMENT 5 NON- ROUTINE SERVICES
ITEM Amendment Amendments Common.
Items 27 Modifications to the landfill gas system and trench collector associated with Phase 1 closure of the site, including Updated based on new design and issues with construction, geotechnical support surveyinggas monitoring, projectg 8454, 934 $ 125, 000
pp landfill oniterin and management Phase I construction. him 2- Modificationstothe groundwaterwells and perimetergas probe monitoringnetworkassociatedwith Phase1 closure.
114, 400 56, 000 Additional probes for Davis Mud Pit
Item 3: Preparation of Landfill Partial Closure Plans( Phases 1 and 2) and CQA/As- Built Documentation( Phases 1 and 2) for submittal to the RWQCB and LEA. This task also Included preliminary Investigation activities associated with the 601, 650 10, 000 Added CQA work. phased closure designs and limited site modifications.
Item 4: Installation of Erosion Control Measures( hydraulic mulch and gravel bags) associated with Phase 1 closure 719, 136
activities.
Item 5: Installation of Low Permeability AC cap and geosynthetic cover in accordance with the Phase 1 closure designs. Updated based on Phase II Design, Increased Management, Tansportation, and Disposal of trash( Sparks- Andereon Pits) and Mud( Davis Mud Pit) that will be 777, 406 $ 245, 000 coordination with constructors, and T& D of encountered during Phase II excavating activities. waste/ mud Item 8: Rains Pit header repair and low permeabilityAC repaving. This work will Include civil engineering design Cost Increase due to additional layer ofp v8
e
g ( paving
geogrid, greeter repavement area thansection, grading and drainage, etc.), geotechnical Investigation( borehole drilling and testing), geogrid design, landfill gas $ 833, 471 $ 850, 000 ori bud
system repairs, geogrid system Installation, and repaving of the area with a Petromat pavement section. originally budgeted, and additional gas system components.
Item 7: Non-routineLFGESmaintenanceand monitoringfor unanticipatedworkor as directedbythe Cityfor a period of three( 3) years. Scheduled non- routine tasks may Include repair or replacement of valves and piping blower belt replacements, air compressor repairs, wellhead replacement replacement of flex hoses, knockout vessel demister pad cleaning condensate transfers, flow meter calibration, carbon change outs and liquid level indicator replacement and/ or $ 480 000 calibration. This task also includes emergency/ non- routine activities such as responses to blower shutdown. and power outages, repair of piping breaks or separations, condensate transfers, response to elevated methane readings in perimeter probes, and response to odor complaints or subsurface tires. two& TetraTechwill provideOM&M servicesfor the existingcontinuousgasmonitoringsystem(system)at the Sparks- RainsandAndersonDisposalSitesfore period of three( 9) years. TetraTechwill performmonthlycalibrations and checks for system operation. Tetra Tech will also prepare and submit to the Orange County LEA a monthly report which includes 97, 000
the data collectedoverthe monitoringperiod in addition to a narrative discussinganyissuesor activities performedon the system. The LEA expects to have monthly and long- term graphs created for each of the methane sensors in order to assess the potential accumulation of methane in system.
Item 9: Non- routine groundwater related activities. Non- routine tasks will be performed on an as-needed basis through written work order for a period of three( 3) years. Given the nature of the potential non- routine activities and the site history, these activities are not anticipated to be required with any significant frequency but may include groundwater well $ 45' 000
abandonment, well redevelopment, repairs to well surface completions and negotiations with the RWQCB, Item 10: Relocation of switch pad/ swapping out to be an underground switch. 109, 673 65, 000 Added costs for temporary power Item 1L- Relocation of XFMR/ 100emp Panel to serve monitoring station. 57, 494 490, 000 Added costs for temporary power and fees from Anaheim Electric.
TOTAL 44290, 154 31, 841, 000