HomeMy WebLinkAbout21- Public Works CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
From: Randy Kuettle, Acting Director Subject: Resolution of the Mayor and
Common Council of the City of San
Dept: Public Works Bernardino authorizing the execution of
an Amendment and issuance of a
Date: July 12, 2010 Purchase Order to Bryan A. Stirrat &
Associates for Operations,
Maintenance, and Monitoring of the
Landfill Gas Extraction and Treatment
System for Waterman Landfill.
Meeting Date: August 2, 2010
Synopsis of Previous Council Action:
On July 21, 2008, per Resolution 2008-285, the Mayor and Common Council of the City of
San Bernardino authorizing the execution of an Agreement and issuance of a Purchase
Order with three (3) one-year extensions at the City's option to Bryan A. Stirrat &
Associates pursuant to Section 3.04.010 B-3 of the Municipal Code for Operations,
Maintenance, and Monitoring of the Landfill Gas Extraction and Treatment System for
Waterman Landfill.
Recommended Motion:
Adopt Resolution.
Contact person: Randy Kuettle, Acting Director Phone: 5140
Supporting data attached: Ward: 3
Staff Report, Resolution, Amendment
and Attachments"1 and 2"
FUNDING REQUIREMENTS: Amount: $215,000
Source: FY 10-11 IWM
Account No. 527-400-5505-
0000-0098
(Other Prof. Services)
Finance:
Council Notes:
Agenda Item No. 0
9/X//6
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino authorizing
the execution of an Amendment and issuance of a Purchase Order to Bryan A. Stirrat &
Associates for Operations, Maintenance, and Monitoring of the Landfill Gas Extraction
and Treatment System for Waterman Landfill.
Background:
As the operator of the former Waterman Landfill, the City of San Bernardino bears the
responsibility for properly closing, maintaining, and monitoring the 19-acre site, which
ceased operations in 1961.
The City was notified in 2004 by State regulatory agencies that the Waterman Landfill
site was not in compliance with landfill closure regulations. The City was required to
implement appropriate landfill measures to satisfy legal requirements. To assist the City
in achieving regulatory compliance, the firm of Bryan A. Stirrat & Associates (BAS) was
retained to provide necessary operations and maintenance services for the project, as
well as permitting, design and construction of the necessary improvements. The
construction and installation of the landfill gas extraction and treatment system was
completed in 2006.
As mandated by South Coast Air Quality Management District (SCAQMD), routine
operations, maintenance and monitoring of the landfill gas extraction and treatment
system at Waterman Landfill must continue.
On July 21, 2008, per Resolution 2008-285, the Mayor and Common Council of the City
of San Bernardino authorizing the execution of an Agreement and issuance of a
Purchase Order with three (3) option years. Staff exercised option year one (1) in FY
09-10 and has two option years remaining, one for FY 10-11 and the other for FY 11-12.
This amendment will extend the contract effective for option years two and three and
additionally, effective July 1, 2012, the contract shall extend to June 30, 2016.
The following is a summary of services that will continue to be provided. Routine
Operations, Maintenance and Monitoring (OM & M) which includes:
Weekly monitoring of the treatment facility, well field monitoring and balancing;
Monthly inspection and monitoring of the gas monitoring probes, boundary probe
sampling and analysis, integrated surface sampling; inspections of the system, landfill
gas sampling and analysis' ambient air sampling;
Quarterly instantaneous surface monitoring and required reporting and data collection to
comply with SCAQMD Rule 1150.1;
Annual reporting, shut down, and facility inspection.
Non-Routine OM & M, an estimated annual cost of $75,000, is requested to
accommodate potential future repairs identified during routine monthly inspections.
Non-routine work consists of but is not limited to items such as repair of broken valves,
1
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Staff Report- Continued
replacement of torn flex hoses, and repair of lateral lines. This work is essential for
proper system operation.
The annual cost to provide these services has been $175,000 plus $75,000 for non-
routine OM & M for a total amount of $250,000. However, due to our current fiscal
challenges, on June 1, 2010, staff wrote BAS a letter and asked them to accept a 20
percent reduction in charges to their OM & M. The 20 percent reduction will equate to
$35,000 in savings per year. On June 16, 2010, BAS responded to our letter and
accepted the 20 percent reduction but requested that we extend the current contract by
four additional years. Staff recommends that extent the current contract by four
additional years since this will yield savings of $210,000 over the next six years (See
Attachment "1).
BAS is the most qualified to perform the required operations, maintenance, and
monitoring due to their working knowledge of the Waterman Landfill site and
involvement in engineering, permitting, construction, and installation of the existing
landfill gas extraction and treatment system. In addition, BAS has performed a
significant amount of engineering and technical studies related to the San Bernardino
County Landfill system, providing them with a unique knowledge and experience in this
particular area.
This amendment will extend the contract effective for option years two and three and
additionally, effective July 1, 2012, the contract shall extend to June 30, 2016.
Financial Impact:
Funds have been budgeted in the FY 10-11 Budget, Account No. 527-400-5505-0000-
0098 (Other Professional Services) in the amount of$215,000.
Account Number 527-400-5505-0000-0098 Budgeted Amount: $237,300 Balance as of
July 12, 2010: $237,300 Balance after approval of this item: $22,300.
Please note this balance does not indicate available funding. It does not include non-
encumbered reoccurring expenses or expenses incurred but not yet processed.
Recommendation:
Adopt Resolution.
2
ATTCHMENT •I"
BRYAN A. STIRRAT S ASSOCIATES
CIVIL AND ENVIRONMENTAL ENGINEERS
June 16, 2010
Mr. Randy Kuettle, Acting Director
City of San Bernardino
Public Services Department
300 North "D" Street
San Bernardino, California 92418-0001
RE: WATERMAN LANDFILL OPERATIONS, MAINTENANCE, AND MONITORING
Dear Mr. Kuettle:
Thank you for your letter of June 1, 2010, concerning a proposed adjustment to the fees
charged by Bryan A. Stirrat & Associates (BAS)for the operations, maintenance, and
monitoring (OM&M) of the landfill gas management system at the Waterman Landfill.
BAS understands the City of San Bernardino (City) has requested this adjustment as part
of an overall effort to address a projected shortfall in its current operating budget.
The City is a long-standing and valued BAS client. We understand the difficulties facing
California municipalities and are sympathetic with your economic situation. BAS
therefore wants to do its part to help the City meet its financial obligations. BAS
accepted a 5% reduction in its fees for the Waterman Landfill project in 2009.
Furthermore, we are prepared to accept your proposal to reduce our fees for routine
OM&M at the site by 20% ($35,000 per year). However, it is essential that BAS obtain a
four-year extension to our current contract before we can accept the 20% reduction in
charges to routine services.
BAS will continue to provide the services needed to operate and maintain the Waterman
Landfill in compliance with current regulatory standards. The 20% reduction in our
routine OM&M fees will be achieved by taking the following steps:
• Some of the monitoring required by South Coast Air Quality Management District
Rule 1150.1, currently being performed by an outside subconsultant, will be
performed by BAS staff.
• Salaries of staff working on the Waterman Landfill project will be frozen for the
duration of the fee reduction.
• Salaried engineering staff will donate time to the project.
1360 Valley Vista Drive • Diamond Bar, CA 91765 • [909] 860-7777 • FAX [909] 660-8017
Mr- Randy Kuetrle,Acting Director
Re: Waterman Landfill Operations, Maintenance, and Monitoring
June 16, 2010
Page 2
Please understand that the same economic conditions that have caused the City's budget
shortfall have impacted BAS' business as well. Our goal is to minimize BAS staff lay-offs
during this time, while partnering with our clients to address the challenges of a very
difficult economy. We hope that the above reduction in fees will be temporary, and that
we will be able to return to the original terms of our contract once the overall economy
improves.
Thank you for your continued business. We will be contacting your department shortly
to arrange for a meeting to discuss this issue in more detail.
Sincerely,
G. . Andraos, President
Methane Gas Group
GEA:de
c: Javier Ochiqui, City of San Bernardino
Bryan A. Stirrat, BAS
Mike Merle, BAS
Gary Glasser, BAS
Pete Ligorria, BAS
Chris Alanis, BAS
Paul Mitchell, BAS
J:\Waterman Landfill 2009.0103\Corresp 2010\061610 letter-R.Kuettle(Fee Adjustment).docx:6/16/10
SRVAN A.STIRRAT S ASSOCIATES
RESOLUTION NO.
1 RESOLUTION OF THE MAYOR AND COMMON COUNC C FQ CITY OF
2 SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AMENDMENT AND
ISSUANCE OF A PURCHASE ORDER TO BRYAN A. STIRRAT & ASSOCIATES
3 FOR OPERATIONS, MAINTENANCE, AND MONITORING OF THE LANDFILL GAS
4 EXTRACTION AND TREATMENT SYSTEM FOR WATERMAN LANDFILL.
5 WHEREAS, Bryan A. Stirrat & Associates has agreed to reduce their fees for
6 routine Operations, Maintenance, and Monitoring (OM & M) by 20 percent; and
7 WHEREAS, the current Purchase Order of $250,000 needs to be decreased by
8 $35,000 for a total Purchase Order amount of $215,000; and
9
NOW, THEREFORE, BE IT RESOLVED THAT THE MAYOR AND COMMON
10 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
11 SECTION 1. That Bryan A. Stirrat & Associates is the source most qualified to
12 Perform the required operations, maintenance, and monitoring of the landfill gas
13
extraction and treatment system for Waterman Landfill, based on their unique
14
15 knowledge and experience in design, construction, and installation of the system at the
16 Waterman Landfill site.
17 SECTION 2. That the City Manager is hereby authorized to execute on behalf
18 of the City of San Bernardino an Agreement between said City and Bryan A. Stirrat &
19 Associates, a copy of which is attached hereto, marked Exhibit "A" and incorporated
20
herein by reference as fully as though set forth at length.
21
22 SECTION 3. That this purchase is exempt from the formal contract procedures
23 of Section 3.04.010 of the Municipal Code, pursuant to Section 3.04.010. B.3 of said
24 Code, 'Purchases approved by the Mayor and Common Council."
25 SECTION 4. That pursuant to this determination the Director of Finance or her
26 designee is hereby authorized to issue a purchase order to Bryan A. Stirrat &
27 Associates for a total amount of $215,000.
28
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
1 SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AMENDMENT AND
ISSUANCE OF A PURCHASE ORDER TO BRYAN A. STIRRAT & ASSOCIATES
2 FOR OPERATIONS, MAINTENANCE, AND MONITORING OF THE LANDFILL GAS
EXTRACTION AND TREATMENT SYSTEM FOR WATERMAN LANDFILL.
3
4 SECTION 5. The Purchase Order shall reference this Resolution Number and
5 shall read, 'Bryan A. Stirrat & Associates, operations, maintenance, and monitoring of
6 the landfill gas extraction and treatment system for Waterman Landfill." Purchase
7 Order not to exceed $215,000 and shall incorporate the terms and conditions of the
8 Agreement.
9
SECTION 6. The authorization to execute the above referenced Agreement is
10
11 rescinded if it is not executed by both parties within sixty (60) days of the passage of
12 this resolution.
13
14
15
16
17
18
19
20
21
22
23 HI
24
25
26
27
28 /ll
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
1 SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AMENDMENT AND
ISSUANCE OF A PURCHASE ORDER TO BRYAN A. STIRRAT & ASSOCIATES
2 FOR OPERATIONS, MAINTENANCE, AND MONITORING OF THE LANDFILL GAS
EXTRACTION AND TREATMENT SYSTEM FOR WATERMAN LANDFILL.
3
4 1 HEREBY CERTIFY that the foregoing resolution was duly adopted by the
5 Mayor and Common Council of the City of San Bernardino at a
6 meeting thereof, held on the day of , 2010 by the
7 following vote, to wit:
8
9 Council Members: Ayes Nays Abstain Absent
10 MARQUEZ
11 DESJARDINS
12 BRINKER
13
SHORETT
14
15 KELLEY
16 JOHNSON
17 MCCAMMACK
18
19 City Clerk
20
The foregoing resolution is hereby approved this day of
21 2010.
22
23
Patrick J. Morris, Mayor
24 City of San Bernardino
Ap ',ved as to Form:
25
26 s F. Penman, City Attorney
27
28
AMENDMENT NO. 1 TO VENDOR SERVICES AGREEMENT
1 BRYAN A. STIRRAT & ASSOCIATES
2 This Amendment No. 1 ("Amendment 1") is entered into this 2nd day of
3 August 2010,by and between Bryan A. Stirrat&Associates ("VENDOR") and
4 the City of San Bernardino ("CITY"or"San Bernardino").
5
6 RECITALS
7 A. On July 21, 2008, per Resolution 2008-285, the Mayor and Common Council of
the City of San Bernardino authorized the execution of an Agreement and
8 issuance of a Purchase Order with three (3) one-year extensions at the City's
9 option to Bryan A. Stirrat & Associates pursuant to Section 3.04.010 B-3 of the
10 Municipal Code for Operations, Maintenance, and Monitoring of the Landfill Gas
11 Extraction and Treatment System for Waterman Landfill for a not-to-exceed
12 amount of$250,000, a copy of which is attached hereto as "Attachment 2" and
13 incorporated by this reference.
B. The CITY and VENDOR now desire to amend the Agreement to decrease the
14 amount of the Agreement by $35,000 for a total not-to-exceed purchase price of
15 $215,000 for Operations, Maintenance, and Monitoring of the Landfill Gas
16 Extraction and Treatment System for Waterman Landfill.
17 C. The CITY and VENDOR also desire to amend the Agreement to include a four-
18 year extension to the agreement.
19
AGREEMENT
20
In consideration of the mutual promises contained in the Vendor Services
21 Agreement,the parties agree as follows:
22 I. Section 2(a)of the Agreement is amended by striking$250,000 and adding
23 the term$215,000.
24 2. Section 3 of the Agreement is amended by adding thereto the following
25 paragraph: The City hereby exercises its option to extend the contract effective
26 for option years two and three. Additionally, effective July 1,2012, the
contract shall extend to June 30, 2016.
27 3. The other provisions of the written contract are reaffirmed as originally stated.
28 Exhibit"A"
1
1 AMENDMENT NO. 1 TO VENDOR SERVICES AGREEMENT
2 BRYAN A. STIRRAT & ASSOCIATES
3
4 IN WITNESS THEREOF,the parties hereto have executed the Agreement on the day
5 and date first above written.
6
7 Dated: 2010 Bryan A. Stirrat& Associates
8
By:
9
10
11
12 Dated: 2010 CITY OF SAN BERNARDINO
13
14
By: Charles E. McNeely, City Manager
15
16 ATTEST:
17
18
19 Rachel Clark, City Clerk
20
21 Approved as to form:
22
23 James F. Penman, City Attorney
24 By:
25
26
27
28 Exhibit"A"
2
AMENDMENT NO. 1 TO VENDOR SERVICES AGREEMENT
1 BRYAN A. STIRRAT & ASSOCIATES
2 This Amendment No. 1 ("Amendment 1") is entered into this 2nd day of
3 August 2010,by and between Bryan A. Stitaat&Associates ("VENDOR") and
4 the City of San Bernardino ("CITY"or"San Bemardino'�.
5
6 RECITALS
7 A. On July 21, 2008, per Resolution 2008-285, the Mayor and Common Council of
the City of San Bernardino authorized the execution of an Agreement and
8 issuance of a Purchase Order with three (3) one-year extensions at the City's
9 option to Bryan A. Stirrat & Associates pursuant to Section 3.04.010 B-3 of the
10 Municipal Code for Operations, Maintenance, and Monitoring of the Landfill Gas
11 Extraction and Treatment System for Waterman Landfill for a not-to-exceed
12 amount of$250,000, a copy of which is attached hereto as "Attachment 2" and
13 incorporated by this reference.
B. The CITY and VENDOR now desire to amend the Agreement to decrease the
14 amount of the Agreement by $35,000 for a total not-to-exceed purchase price of
15 $215,000 for Operations, Maintenance, and Monitoring of the Landfill Gas
16 Extraction and Treatment System for Waterman Landfill.
17 C. The CITY and VENDOR also desire to amend the Agreement to include a four-
18 year extension to the agreement.
19
AGREEMENT
20
In consideration of the mutual promises contained in the Vendor Services
21 Agreement, the parties agree as follows:
22 1. Section 2 (a)of the Agreement is amended by striking$250,000 and adding
23 the term$215,000.
24 2. Section 3 of the Agreement is amended by adding thereto the following
25 paragraph: The City hereby exercises its option to extend the contract effective
26 for option years two and three. Additionally, effective July 1, 2012,the
contract shall extend to June 30, 2016.
27 3. The other provisions of the written contract are reaffirmed as originally stated.
28
1
1 AMENDMENT NO. 1 TO VENDOR SERVICES AGREEMENT
2 BRYAN A. STIRRAT & ASSOCIATES
3
4 IN WITNESS THEREOF, the parties hereto have executed the Agreement on the day
5 and date first above written.
6
7 Dated: 2010 Bryan A. Stirrat & Associates
8
By:
9
10
11
12 Dated: , 2010 CITY OF SAN BERNARDINO
13
14
By: Charles E. McNeely, City Manager
15
16 ATTEST:
17
18
19 Rachel Clark, City Clerk
20
21 Approved as to form:
22
23 lames F. Pe an; City Attorney
24 By
25
26
27
28
2
ATTACHMENT "Z"
1 VENDOR SERVICE AGREEMENT
2
This Vendor Service Agreement is entered into this 21 st day of July
3
4 2008, by and between Bryan A. Stirrat & Associates ("VENDOR") and the City of San
5 Bernardino ("CITY" or"San Bernardino").
6 WITNESSETH:
7 WHEREAS,the Mayor and Common Council have determined that it is in the best
8 interest of the CITY to contract for operation,maintenance, and monitoring of the landfill gas
9 extraction and treatment system at Waterman Landfill; and
10
WHEREAS, the City of San Bernardino has determined that vendor possesses the
11
12 professional skills and ability to provide said services for the City:
13 NOW,THEREFORE, the parties hereto agree as follows:
14 1. SCOPE OF SERVICES.
15 For the remuneration stipulated in paragraph 2, San Bernardino hereby engages the
16 services of VENDOR to provide those products and services as set forth in its proposal dated
17
June 26, 2008, attached hereto, marked Attachment "1" and incorporated herein by this
18
19 reference as fully as though set forth at length.
20 2. COMPENSATION AND EXPENSES.
21 a. For the services delineated above, the CITY, upon presentation of an invoice, shall
22 pay the VENDOR up to the amount of $250,000 to provide and perform those
23 products and services described in Section 1 above.
24 b. No other expenditures made by VENDOR shall be reimbursed by CITY.
25
ui
26
27
28
swa—caa
1 3. TERM.
2 The term of this agreement shall be from July 21, 2008 through June 30, 2009, with
3 three (3) one-year extensions at the City's option. Option year one, if exercised, shall be
4 effective July 1, 2009 through June 30, 2010. Option year two, if exercised, shall be effective
5 July 1, 2010 through June 30, 2011. Option year three, if exercised, shall be effective July 1,
6
2011 through June 30, 2012. Each option shall be exercised in the manner set forth in Section
7
8 16.
9 This Agreement may be terminated at any time by thirty (30) days prior written notice
10 by either party. The terms of this Agreement shall remain in force unless mutually amended as
11 provided in Section 16.
12 4. INDEMNITY.
13
CITY agrees to indemnify and hold harmless VENDOR, its officers, agents and
14
15 volunteers from any and all claims, actions, or losses, damages and/or liability resulting from
16 CITY's negligent acts or omissions arising from the CITY's performance of its obligations
17 under the Agreement.
18 VENDOR agrees to indemnify and hold harmless the CITY, its officers, agents, and
19 volunteers from any and all claim, actions, or losses, damages and/or liability resulting from
20 VENDOR's negligent acts or omissions arising from the VENDOR's performance of its
21
obligations under the Agreement.
22
23 In the event the CITY and/or the VENDOR is found to be comparatively at fault for any
24 claim, action, loss, or damage which results from their respective obligations under the
25 Agreement, the CITY and/or VENDOR shall indemnify the other to the extent of this
26 comparative fault.
27
28
two—Loa
1 5. INSURANCE.
2 While not restricting or limiting the foregoing, during the term of this Agreement,
3 VENDOR shall maintain in effect policies of comprehensive public, general and automobile
4 liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory
5 worker's compensation coverage, and shall file copies of said policies with the CITY's Risk
6 Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an
7
8 additional named insured in each policy of insurance provided hereunder. The Certificate of
9 Insurance famished to the CITY shall require the insurer to notify CITY of any change or
10 termination in the policy.
11 6. NON-DISCRIMINATION.
12 In the performance of this Agreement and in the hiring and recruitment of employees,
13
VENDOR shall not engage in, nor permit its officers, employees or agents to engage in,
14
discrimination in employment of persons because of their race, religion, color, national origin,
15
16 ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or
17 sexual orientation, or any other status protected by law, except as permitted pursuant to Section
18 12940 of the California Government Code.
19 7, INDEPENDENT CONTRACTOR
20 VENDOR shall perform work tasks provided by this Agreement, but for all intents and
21
purposes VENDOR shall be an independent contractor and not an agent or employee of the
22
23 CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of
24 Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
25 Compensation, and other payroll deductions for VENDOR and its officers, agents, and
26 employees, and all business license, if any are required, in connection with the services to be
27 performed hereunder.
28
1 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
2 VENDOR warrants that it possesses or shall obtain, and maintain a business registration
3 certificate pursuant to Chapter 5 of the Municipal Code, and any other license, permits,
4 qualifications, insurance and approval of whatever nature that are legally required of VENDOR
5 to practice its business or profession.
6
9. NOTICES.
7
8 Any notices to be given pursuant to this Agreement shall be deposited with the United
9 States Postal Service, postage prepaid and addressed as follows:
10 TO THE CITY: Public Services Director
300 North"D" Street
11 San Bernardino, CA 92418
12 Telephone: (909) 384-5140
13 TO THE VENDOR: Bryan A. Stirrat& Associates
1360 Valley Vista Drive
14 Diamond Bar, CA 91765
Telephone: (909) 860-7777
15 Contact: Chris Alanis
16 10. ATTORNEYS' FEES
17
In the event that litigation is brought by any party in connection with this Agreement,
18
19 the prevailing party shall be entitled to recover from the opposing party all costs and expenses,
20 including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of
21 its rights or remedies hereunder or the enforcement of any of the terms, conditions or
22 provisions hereof. The costs, salary and expenses of the City Attorney and members of his
23 office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys'
24 fees" for the purposes of this paragraph.
25
26
27
28
1 11. ASSIGNMENT.
2 VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or
3 encumber all or any part of the VENDOR's interest in this Agreement without CITY'S prior
4 written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void
5 and shall constitute a breach of this Agreement and cause for the termination of this
6
Agreement. Regardless of CITY's consent,no subletting or assignment shall release VENDOR
7
8 of VENDOR's obligation to perform all other obligations to be performed by VENDOR
9 hereunder for the term of this Agreement.
10 12. VENUE.
11 The parties hereto agree that all actions or proceedings arising in connection with this
12 Agreement shall be tried and litigated either in the State courts located in the County of San
13
Bernardino, Slate of California or the U.S. District Court for the Central District of California,
14
Riverside Division. The aforementioned choice of venue is intended by the parties to be the
15
16 mandatory and not permissive in nature.
17 13. GOVERNING LAW.
18 This Agreement shall be governed by the laws of the State of California.
19 14. SUCCESSORS AND ASSIGNS.
20 This Agreement shall be binding on and inure to the benefit of the parties to this
21
Agreement and their respective heirs, representatives, successors, and assigns.
22
23 15. HEADINGS.
24 The subject headings of the sections of this Agreement are included for the purposes of
25 convenience only and shall not affect the construction or the interpretation of any of its
26 provisions.
27 1N
28
1 16. ENTIRE AGREEMENT; MODIFICATION.
2 This Agreement constitutes the entire agreement and the understanding between the
3 parties, and supercedes any prior agreements and understandings relating to the subject manner
4 of this Agreement. This Agreement may be modified or amended only by a written instrument
5 executed by all parties to this Agreement.
6
7
8
9
10
11
12
13
14
15
16
17
18 ///
19 p/
20
21
22
23
24
25
26
27
28
1 VENDOR SERVICE AGREEMENT
BRYAN A. STIRRAT & ASSOCIATES
2
3 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
4 and date set forth below.
5 Dated: 2008 V R.
6 By.
7
Its:
8
9 Date o? , 2008 CITY OF ERNARDINO
10 By.
F lson, City Manager
11 Approved as to Form:
12 By.
13 es F. Penman, City Attorney
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
BRYAN A. STIRRAT 6 ASSOCIATES
CIVIL AND ENVIRONMENTAL ENGINEERS
June 26, 2008 JN: 2007.0103
Mr. Ken Fischer, Director
City of San Bernardino
Public Services Department
300 North "D" Street
San Bernardino, California 92418
I
RE: PROPOSAL FOR OPERATIONS, MAINTENANCE, AND MONITORING OF THE
LANDFILL GAS EXTRACTION AND TREATMENT SYSTEMS AT THE WATERMAN
LANDFILL, SAN BERNARDINO, CALIFORNIA
�ff
Dear Mr. Fischer
Pursuant to your request, Bryan A. Stirrat & Associates (BAS) is pleased to present this
proposal to the City of San Bernardino (City) for the Operations, Maintenance, and
Monitoring (OM&M) and South Coast Air Quality Management District (SCAQMD) Rule I
1150.1 monitoring at the Waterman Landfill.
I
The proposed Scope of Work (SOW) is divided into two sections. The first section
describes routine OM&M services related to the landfill gas Extraction and Treatment
Systems (LFGETS), and the second section describes Non-Routine OM&M related services.
1.0 ROUTINE OM&M
This work includes all Routine OM&M activities of the LFGETS. The existing extraction
system consists of a granular activated carbon (GAC) treatment facility, thirty-three (33)
landfill gas (LFG) extraction wells, six (6) LFG header piping monitoring ports and six (6)
,perimeter subsurface migration monitoring probes. BAS understands that the purpose of
the LFG extraction system is to mitigate groundwater contamination and control
subsurface migration and surface emissions of LFG. `I
The Routine OM&M SOW is broken down into three main tasks:
A. Treatment Facility and W611 Field OM&M
B. SCAQMD Rule 1150.1 Compliance Monitoring
t
C. LFG Extraction and Treatment System Reporting
1360 Valley Vista Orive • Diamond Bar, CA 91765 • (SOS) 660-7777 • FAX (909] 660.6017
i
Mr.Ken Fischer,Director
Re: Proposal for Operations, Maintenance,and Monitoring of the Landfill Gas Extraction and Treatment
Systems at the Waterman Landfill,San Bernardino,California
June 26,2008
Page 2
BAS will perform the following activities as part of the routine OM&M program:
A. TREATMENT FACILITY AND WELL FIELD OM&M
TREATMENT FACILITY
WEEKL Y
• Fill out Treatment Facility Station Data Log.
• Visually inspect units and note any breaks, leaks and loose wires; and assign personnel
to conduct repairs.
• Follow Manufacturer's recommendations in OM&M Manual
• Test lamps by pushing the lamp test button.
• Check condensate drain lines.
• Monitor and record meteorological conditions (e.g., barometric pressure, ambient
temperature, etc.).
• Monitor the extraction blower(s) for operational irregularities, excessive vibration,
oil/lubricant level, inlet and outlet temperature, and pressure.
• Monitor and record methane, oxygen, and carbon dioxide concentrations.
• Monitor and record differential pressure across system components (e.g., flame
arrestor(s), knock out vessel(s), strainer(s), etc.) where possible.
• Monitor and record LFG flow rate (utilizing permanently installed equipment) and the
operating temperature.
• The condensate knockout vessel and storage tanks will be observed for liquid levels
and proper operation.
• Observe recording devices.
Inspect alarm signal inputs (e.g., high temperature alarm, flame failure, etc.) for proper
operation.
• Grease blower (and electrical motor) bearings per Manufacturer's Instructions.
QUA RTERL Y
BAS will shut the system down and perform the quarterly Treatment Facility check which
consists of the following:
J:\Waterman Landfill\2007.0703\Pmpma12008\Waterman OM&M Proposal D62608-r 2.dac ORYAN A.OTIFRAT ai A9frOC1ATEfi I!
LUVO-LCJ
I
i
Mr. Ken Fischer, Director
I
Re: Proposal for Operations, Maintenance, and Monitoring of the Landfill Gas Extraction and Treatment
Systems at the Waterman Landfill,San Bernardino, California
June 26, 2008
Page 3
t
• If the pressure drop across the demister reaches 2x its original value the demister I
element may need to be removed and cleaned. Open the top of the demister and
remove the element. There is a rod at the top that attaches to the demister element i
that makes it easy to do this. Hose the element down opposite of LFG flow with high-
pressure water and put it back in the demister container.
• Test the blower fail (overload) shutdown.
• Test the blower shutdown control logic by closing the manual inlet valve while the i
system is running. The system should shutdown in a few seconds.
• Simulate alarm signals (e.g., blower failure, etc.) for determination of proper operations
and notification. During alarm simulation activities (when applicable) the alarm sensing
equipment will be calibrated in accordance with manufacturer's specifications.
ANNUALL Y
Shutdown the Treatment Facility and perform the annual Treatment Facility check which
consists of the following;
i
• Check for arcing contactor points by checking the switches and the contactor.
• Re-torque all electrical connections. The most critical areas to re-torque are the main
power leads in main disconnect, and motor starters.
• Check for loose bolts in the structure and at the flanges.
• Check the configuration sheets for the Flow Recorder against the actual settings to
make sure they haven't been tampered with.
• Observe all system components for corrosion.
• All electrical components will be inspected by a qualified electrician for proper
operation.
I
• Calibrate critical system instrumentation (e.g., flow meter, chart recorder etc.).
WELL FIELD MONITORING AND BALANCING
BAS will monitor each of the thirty-three (33) gas wells and six (6) header monitoring ports
weekly or on an as-needed basis. The monitoring includes visually inspecting the well
head for breaks or leaks.
J:\Watemun LanAN007.0703\Propml 2008\Waterman OMBM Propoul 062605-m1cloc eply NA GTIRAAT 6"SOCIATE6
I
I
I
Mr.Ken Fischer, Director '
Re: Proposal for Operations, Maintenance, and Monitoring of the Landfill Gas Extraction and Treatment
Systems at the Waterman Landfill, San Bernardino, California
June 26, 2008 -
Page 4
I
A GEM-500 or 2000 will be used to collect and record the following data:
i
• LFG Temperature i
• Well head and header piping static pressure
• Methane concentration
• Oxygen concentration
• Carbon dioxide concentration
• LFG flow rate (Velocity Meter) (as needed)
• Sample ports located in the gas headers will be tested for the parameters listed above,
and all data will be stored in the GEM instrument and downloaded at our office.
After each monitoring event is completed, BAS engineering staff will provide specific
instructions for each well requiring adjustment. Adjustments will consist of varying the
well's individual flow control valve as needed. After each adjustment is performed, the
system will be allowed to reach equilibrium before any additional adjustments are made.
Follow-up monitoring will be conducted and extraction wells will be adjusted in response
to system balancing weekly.
BAS understands that the six (6) gas monitoring probes will be monitored monthly by the
City. These probes may be monitored as needed to evaluate the performance of the
LFGETS. When monitored they will utilize the following parameters using the GEM
instrument:
• Static pressure of the probe.
• Total Organic Compounds (TOCs) measured as methane, measured as percent by
volume.
i
• Oxygen and carbon dioxide, measured as percent by volume. I
• Lower Explosive Limit(LEL) measured as percent LEL.
B. SCAQMD RULE 1150.1 COMPLIANCE MONITORING
All work under the 1150.1 monitoring program will be performed in accordance with the
SCAQMD Guidelines for Implementation of Rule 1750.1 (Guidelines). All Instantaneous
I
Surface Monitoring (ISM) exceedance areas and remediation will be tracked and
documented. BAS shall notify the City, in writing, of any outstanding exceedances at the
end of each month. BAS will perform the required tasks at the following intervals:
J:\Waterman landfill\2007.0103\Proposal 2006\Waterman oM&M Propmal 06260a-r"2.doc BRYAN A.BTIPRAT&ASSOCIATES
I
j
Mr,Ken Fischer, Director
Re: Proposal for Operations, Maintenance,and Monitoring of the Landfill Gas Extraction and Treatment
Systems at the Waterman Landfill,San Bernardino,California
June 26,2008
Page 5
i
• Boundary probe sampling and analysis of City provided monitoring data (monthly) .
• Integrated surface sampling (monthly)
• Instantaneous surface monitoring(quarterly)
• LFG sampling and analyses at treatment system (monthly)
i
• Ambient air sampling (monthly)
C. LANDFILL GAS EXTRACTION AND TREATMENT SYSTEM REPORTING
On a monthly basis, BAS will prepare and submit reports detailing the data and events that
I
took place during the month. BAS understands that the due date for the report is the end j
of the following month, after the service is performed. Additionally, BAS will collect all 1
1150.1 data and prepare an 1150.1 compliance report to be submitted to the SCAQMD
on the City of San Bernardino's behalf every quarter.
The minimum information provided in the routine monthly report will include of the
following:
• Treatment Facility inlet pressure and gas concentrations
• Gas well pressure, flow rate and gas concentrations
• Monitoring port pressure, flow rate and gas concentrations
• Weekly Treatment Facility Station Data Logs
• Gas well adjustments
• Descriptions of extra work
• Chronology of shutdowns and alarm states j
• Gas probes monitoring results !.
• Condensate sump level monitoring
I
BAS estimates the above work can be conducted on a lump sum basis for the annual
amount of$175,000.00.
I
2.0 NON-ROUTINE OM&M
This task consists of corrective repairs or maintenance work identified during the routine
monthly visits and consists of but is not limited to items such as repair of broken valves,
replacement of torn flex hoses, and repair of lateral lines. This work is essential for proper
system operation; however, it is considered the type of work that can be scheduled to
allow for procurement of materials, equipment;, and scheduling of personnel. Non-routine
1:\Wawa=Landfld\2007.0103\Proposal 2008\Waterman OM&M Proposal 062608-m,2.doc BmYA A.ETmanAT i AEEOOIATEn
1
I
Mr. Ken Fischer, Director
Re: Proposal for Operations, Maintenance, and Monitoring of the Landfill Gas Extraction and Treatment
Systems at the Waterman Landfill, San Bernardino, California
June 26, 2008
Page 6
scheduled maintenance will only be performed subsequent to prior authorization from the
City. The following list presents some of the items that are expected to be non-routine
events and will be performed on a time and material basis: i
• Well head replacement
• Well valve replacement
• Well extension and capping
• Installation of temporary condensate tanks
• Flex hose replacement
• Well service removal and re-installation
• Reader removal and re-installation
Flame arrestor element cleaning
• Knock out vessel de-mister pad cleaning
• Equipment removal, installation and replacement
• Activated Granular Carbon Replacement
• Potassium Permanganate Replacement
• Annual treatment facility source testing
• 1150.1 Alternative Monitoring Plan
i
• Purchase of a new GEM 2000 unit and training i
BAS proposes to the City to obtain an annual operating budget of $100,000.00 to
accommodate potential future repairs at the site.
ASSUMPTIONS AND CONDITIONS
• Any annual regulatory fees which may be required are not included in this SOW.
• Costs for electricity is not included in this SOW.
• Carbon change outs no more than four times per year.
• Potassium Permanganate change outs no more than four times per year. i
I,
• Condensate removal/treatment and disposal are provided by City forces.
BAS is not responsible for the methane quality or LFG composition at the site.
• Due to the nature of the site, many LFG extraction wells are being operated outside of
the normal and customary operational parameters and do not comply with the States
Title 27 requirements. Additionally, operation of these wells at their current status 1
creates an increased risk of inducing composting and or subsurface fires.
J:\Watcmnan Landfgl\2007.0103\Pmpm l2003\WaWrman OM&M p.pm&1062608-r 2.dx BRYAN A.STIRRAT n ASSOCIATES
I
i
Mr.Ken Fischer, Director
Re: Proposal for Operations, Maintenance,and Monitoring of the Landfill Gas Extraction and Treatment
Systems at the Waterman Landfill, San Bernardino,California
June 26, 2008
Page 7
BAS appreciates this opportunity and looks forward to assisting the City of San Bernardino
in this important project Should you have any questions or require further information,
pie se advise.
I
S erely I�I
• i
E. A s
President, Methane as Group i
c: Javier Ochiqul,City of San Bernardino 1
Ira R.Snyder, BAS
Gary Glasser,BAS
Chris Alanis, BAS
I
I
I
I
I
I
i
I
L'\Waterman Landfil�2007.0103\Pmposal 2009\Waterman OMBM Proposa106260b-r 2.doc BRYAN A.BTIRRAT&ASSOCIATES