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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Ken Fischer, Director
Dept: Public Services
Date: June 22, 2007
Subject: Resolution of the Mayor and
Common Council of the City of San
Bernardino authorizing the execution of an
Agreement and issuance of a Purchase
Order 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.
Meeting Date: July 16, 2007
Synopsis of Previous Council Action
12/16/96 1996-380 Agreement with Bryan A Stirrat - Waterman Landfill Maintenance/Engineering
Services
First Amendment to Agreement - Waterman Closure
Second Amendment to Agreement - Waterman Closure
BAS - Gas Monitoring Probes - Waterman Closure
Agreement with Bryan A Stirrat - Design and Construct a Landfill Gas
Collection System for Waterman Landfill
Amendment Bryan A Stirrat contract - Waterman Landfill
Increase Bryan A Stirrat Purchase Order - Waterman Landfill
Amendment Bryan A Stirrat contract - Waterman Landfill
08/07/00
08/20/01
06/02/03
05/03/04
2000-244
2001-268
2003-118
2004-116
01/10/05
05/01/06
11/06/06
2005-5
2006-121
2006-386
Recommended Motion:
Adopt Resolution
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Contact person: Linda Ceballos, Environmental Projects Manager
FUNDING REQUIREMENTS:
Council Notes:
Phone:
5549 ext. 3424
Ward:
All
Amount:
$250,000
Source:
Refuse Funds
Accl. 527-415-5505
Finance:
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Agenda Item No. d.. 0
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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 Agreement and issuance of a Purchase Order 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.
BACKGROUND:
As the operator of the former Waterman Landfill, the City 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 is now
complete.
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 now begin.
The following is a summary of services to be provided. Routine Operations,
Maintenance and Monitoring (OM & M) at an annual cost of $175,000, 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,
replacement of torn flex hoses, and repair of lateral lines. This work is essential for
proper system operation.
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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.
FINANCIAL IMPACT:
$250,000 is budgeted in account 527-415-5505 for FY 2007-08.
RECOMMENDATION:
Adopt Resolution.
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RESOLUTION NO.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
ISSUANCE OF A PURCHASE ORDER 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.
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NOW, THEREFORE, BE IT RESOLVED THAT THE MAYOR AND COMMON
6 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. That Bryan A. Stirrat & Associates is the select source being the
most qualified to perform the required operations, maintenance, and monitoring of the
landfill gas extraction and treatment system for Waterman Landfill, based on their
unique knowledge and experience in design, construction, and installation of the
system at the Waterman Landfill site; and
SECTION 2. That the City Manager is hereby authorized to execute on behalf
of said City an Agreement between the City of San Bernardino and Bryan A. Stirrat &
Associates, a copy of which is attached hereto, marked Exhibit A and incorporated
herein by reference as fully as though set forth at length; and
SECTION 3. That this purchase is exempt from the formal contract procedures
of Section 3.04.010 of the Municipal Code, pursuant to Section 3.04.010. B.3 of said
Code, " Purchases approved by the Mayor and Common Council"; and
SECTION 4. That pursuant to this determination the Purchasing Manager is
hereby authorized to issue the purchase order to Bryan A. Stirrat & Associates for a
total amount of $250,000.00. The Purchase Order shall reference this Resolution No.
2007-_, and shall read, "Bryan A. Stirrat & Associates, operations, maintenance,
and monitoring of the landfill gas extraction and treatment system for Waterman
Landfill." P.O. No.
, not to exceed $250,000.00 and shall incorporate the
terms and conditions of the purchase order; and
'-120. ;) 0
(77- /fr07
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
1 SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
ISSUANCE OF A PURCHASE ORDER TO BRYAN A STIRRAT & ASSOCIATES
2 PURSUANT TO SECTION 3.04.010 B-3 OF THE MUNICIPAL CODE FOR
3 OPERATIONS, MAINTENANCE, AND MONITORING OF THE LANDFILL GAS
EXTRACTION AND TREATMENT SYSTEM FOR WATERMAN LANDFILL.
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SECTION 5. The authorization to execute the above referenced Resolution is
rescinded if it is not issued within sixty (60) days of the passage of this resolution.
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21 The foregoing resolution is hereby approved this
22 day of , 2007.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
1 SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
ISSUANCE OF A PURCHASE ORDER TO BRYAN A STIRRA T & ASSOCIATES
2 PURSUANT TO SECTION 3.04.010 B-3 OF THE MUNICIPAL CODE FOR
OPERATIONS, MAINTENANCE, AND MONITORING OF THE LANDFILL GAS
3 EXTRACTION AND TREATMENT SYSTEM FOR WATERMAN LANDFILL.
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the
Mayor and Common Council of the City of San Bernardino at a
meeting thereof, held on the
day of
, 2007 by the
following vote, to wit:
Council Members:
Aves
Nays
Abstain
Absent
ESTRADA
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12 BAXTER
13 BRINKER
14 DERRY
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KELLEY
JOHNSON
MCCAMMACK
City Clerk
Ap roved as to form:
Patrick J. Morris, Mayor
City of San Bernardino
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VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 16th day of July
2007, by and between Bryan A. Stirrat & Associates ("VENDOR") and the City of San
Bernardino ("CITY" or "San Bernardino").
WITNESSETH:
WHEREAS, the Mayor and Common Council has determined that it is in the best
interest ofthe CITY to contract for operation, maintenance, and monitoring of the landfill gas
extraction and treatment system at Waterman Landfill; and
WHEREAS, the City of San Bernardino determined Bryan A. Stirrat & Associates to
be the select source for the services delineated above.
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
For the remuneration stipulated, San Bernardino hereby engages the services of
VENDOR to provide those products and services as set forth in Attachment A, attached hereto,
and incorporated herein by this reference.
2. COMPENSATION AND EXPENSES.
a. For the services delineated above, the CITY, upon presentation of an invoice, shall
pay the VENDOR up to the amount of $250,000.00.
b. No other expenditures made by VENDOR shall be reimbursed by CITY,
3. TERM; SEVERABILITY.
The term of this Agreement shall be for a period of one year.
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Exhibit "A"
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This Agreement may be terminated at any time by thirty (30) days written notice by
either party. The terms of this Agreement shall remain in force unless mutually amended. The
duration of this Agreement may be extended with the written consent of both parties.
4. INDEMNITY.
CITY agrees to indemnifY and hold harmless VENDOR, its officers, agents and
volunteers from any and all claims, actions, losses, damages and/or liability resulting from
CITY's negligent acts or omissions arising from the CITY's performance of its obligations
under the Agreement.
VENDOR agrees to indemnify and hold harmless the CITY, its officers, agents, and
volunteers from any and all claims, actions, losses, damages and/or liability resulting from
VENDOR's negligent acts or omissions arising from the VENDOR's performance of its
obligations under the Agreement.
In the event the CITY and/or the VENDOR is found to be comparatively at fault for any
claim, action, loss, or damage which results from their respective obligations under the
Agreement, the CITY and/or VENDOR shall indemnify the other to the extent of this
comparative fault.
5. INSURANCE.
While not restricting or limiting the foregoing, during the term of this Agreement,
VENDOR shall maintain in effect policies of comprehensive public, general and automobile
liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory
worker's compensation coverage, and shall file copies of said policies with the CITY's Risk
Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an
additional named insured in each policy of insurance provided hereunder. The Certificate of
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Exhibit "A"
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Insurance furnished to the CITY shall require the insurer to notify CITY of any change or
termination in the policy.
6. NON-DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees,
VENDOR shall not engage in, nor permit its officers, employees or agents to engage in,
discrimination in employment of persons because of their race, religion, color, national origin,
ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or
sexual orientation, or any other status protected by law, except as permitted pursuant to Section
12940 of the California Government Code.
7. INDEPENDENT CONTRACTOR.
VENDOR shall perform work tasks provided by this Agreement, but for all intents and
purposes VENDOR shall be an independent contractor and not an agent or employee of the
CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of
Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
Compensation, and other payroll deductions for VENDOR and its officers, agents, and
employees, and all business licenses, if any are required, in connection with the services to be
performed hereunder.
8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
VENDOR warrants that it possesses or shall obtain, and maintain a business registration
certificate pursuant to Chapter 5 of the Municipal Code, and any other license, permits,
qualifications, insurance and approval of whatever nature that are legally required of VENDOR
to practice its business or profession.
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Exhibit "A"
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9.
NOTICES.
Any notices to be given pursuant to this Agreement shall be deposited with the United
3 States Postal Service, postage prepaid and addressed as follows:
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TO THE CITY:
Public Services Director
Ken Fischer
300 North "D" Street
San Bernardino, CA 92418
Telephone: (909) 384-5140
TO THE VENDOR:
Bryan A. Stirrat & Associates
Chris Alanis
1360 Valley Vista Drive
Diamond Bar, CA 91765
Telephone: (909) 860-7777
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ATTORNEYS' FEES
In the event that litigation is brought by any party in connection with this Agreement,
the prevailing party shall be entitled to recover from the opposing party all costs and expenses,
including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of
its rights or remedies hereunder or the enforcement of any of the terms, conditions or
provisions hereof. The costs, salary and expenses of the City Attorney and members of his
office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys'
fees" for the purposes of this paragraph.
11. ASSIGNMENT.
VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or
encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior
written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void
and shall constitute a breach of this Agreement and cause for the termination of this
Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR
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Exhibit "A"
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of VENDOR's obligation to perform all other obligations to be performed by VENDOR
hereunder for the term of this Agreement.
12. VENUE.
The parties hereto agree that all actions or proceedings arising in connection with this
Agreement shall be tried and litigated either in the State courts located in the County of San
Bernardino, State of California or the U.S. District Court for the Central District of California,
Riverside Division. The aforementioned choice of venue is intended by the parties to be
mandatory and not permissive in nature.
13. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
14. SUCCESSORS AND ASSIGNS.
This Agreement shall be binding on and inure to the benefit of the parties to this
Agreement and their respective heirs, representatives, successors, and assigns.
15. HEADINGS.
The subject headings of the sections of this Agreement are included for the purposes of
convenience only and shall not affect the construction or the interpretation of any of its
provIsIOns.
16. ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between the
parties, and supercedes any prior agreements and understandings relating to the subject manner
of this Agreement. This Agreement may be modified or amended only by a written instrument
executed by all parties to this Agreement.
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Exhibit "A"
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IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated:
,2007
Dated
,2007
Approved as to Form:
By:
James F. Penman, City Attorney
VENDOR.
By:
Its:
CITY OF SAN BERNARDINO
By:
Fred Wilson, City Manager
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Exhibit "A"
ATTACHMENT A
D.A~
BRYAN A. STIRRAT & ASSOCIATES
CIVIL AND ENVIRONMENTAL ENGINEERS
May 7, 2007
IN: 2004.0103
Mr. Ken Fischer, Director
City of San Bernardino
Public Services Department
300 North "D" Street
San Bernardino, California 92418
RE: ANTICIPATED COSTS ASSOCIATED WITH THE OPERATIONS,
MAINTENANCE, AND MONITORING OF THE LANDFILL GAS
EXTRACTION AND TREATMENT SYSTEMS AT THE WATERMAN
LANDFILL, SAN BERNARDINO, CALIFORNIA
Dear Mr. Fischer
Pursuant to our discussions, Bryan A. Stirrat & Associates (BAS) is pleased to present the costs
associated with the Operations, Maintenance and Monitoring (OM&M) of the Landfill Gas
(LPG) Extraction and Treatment System at the Waterman Landfill. As you are aware,
construction of the LFG Extraction System is complete and now, as mandated by tlie South
Coast Air Quality Management District (SCAQMD), Routine OM&M must begin. The
proposed tasks to be provided by BAS are described in the Scope of Work (SOW) below. The
SOW is divided into two sections. The first section describes routine OM&M services related
to the LFG Extraction and Treatment Systems (LFGETS), and the second section describes
Non-Routine OM&M related services.
I-ROUTINE OM&M
The work includes all Routine OM&M activities of the LFGETS. The existing extraction
system consists of a treatment facility, 25 gas extraction wells, six monitoring ports and six gas
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.
The scope of work is broken down into three tasks: A. Treatment Facility and Well Field
OM&M; B. SCAQMD Rule 1150.1 Compliance Monitoring; and C. Reporting. These tasks
are described in detail below.
BAS will perform the following activities as part of the routine OM&M program;
1360 Valley Vista Drive. Diamond Bar. CA 91765 . (909) 860-7777 . FAX (909) 860-8017
1--- --
Mr. Ken Fischer, Director
Re: Anticipated Costs Associated with the Operations, Maintenance, and Monitoring of the Landfill Gas
Extraction and Treatment Systems at the Waterman Landfill, San Bernardino, California
May?,200?
Page 2
A- Treatment Facility and Well Field OM&M
Treatment Facility
Weekly
. Fill out Treatment Facility Station Data Log.
. Visually inspect units; 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.
BRYAN A. STIRRAT & ASSOCIATES
Mr. Ken Fischer, Director
Re: Anticipated Costs Associated with the Operations, Maintenance, and Monitoring of the Landfill Gas
Extraction and Treatment Systems at the Waterman Landfill, San Bernardino, California
May 7, 2007
Page 3
Quarterly
BAS will shut the system down and perform the quarterly Treatment Facility check which
consists of the following:
. Remove the inspection port on the knock-out vessel and demister pad and remove any
debris that has collected.
. If the pressure drop across the demister reaches 2x its original value the demister 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 that makes it easy to do this.
Hose the element down opposite of landfill gas 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 system
is running. The system should shut down in a few seconds.
. Simulate alann signals (e.g., blower failure, etc.) for determination of proper operations and
notification. During alarm simulation activities (when applicable) the alann sensing
equipment win be calibrated in accordance with manufacturer's specifications.
Annually
Shut down the Treatment Facility and perform the annual Treatment Facility check which
consists of the following;
. 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.
BRYAN A. STIRRAT & ASSOCIATES
Mr. Ken Fischer, Director
Re: Anticipated Costs Associated with the Operations, Maintenance, and Monitoring of the Landflll Gas
Extraction and Treatment Systems at the Waterman Landfill, SaD Bernardino, California
May 7, 2007
Page 4
· Calibrate critical system instrumentation (e.g., flow meter, chart recorder etc.).
Well field Monitoring and Balancing
BAS will monitor each of the 25 gas wells and/or six header monitoring ports weekly or on an
as-needed basis. Gas migration monitoring probes will be monitored weekly to determine the
impact that the LFGES is having on the probes. The monitoring includes visually inspecting
the well head for breaks or leaks.
A Gem-SOD or 2000 will be used to collect and record the following data:
. LFG Temperature
. Well head static pressure
. Methane concentration
. Oxygen concentration
. Carbon dioxide concentration
. LFG flow rate (Velocity Meter)
· 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.
The six gas monitoring probes will be monitored monthly. The probes will be monitored for
the following parameters using the Gem instrument:
. Static pressure of the probe.
. Total Organic Compounds (TOCs) measured as methane, measured as percent by volume.
. Oxygen and carbon dioxide, measured as percent by volume.
· Lower Explosive Limit (LEL) measured as percent LEL.
eRVAN A. ST'RRAT & ASSOCIATES
Mr. Ken Fischer, Director
Re: Anticipated Costs Associated with the Operations, Maintenance, and Monitoring of the Landfill Gas
Extraction and Treatment Systems at the Waterman Landfill, San Bernardino, California
May 7,2007
Page 5
B- 1150.1 Compliance Monitorinl!:
All work under the 1150.1 monitoring program will be performed in accordance with the
SCAQMD Guidelinesfor Implementation of Rule 1150.1 (Guidelines). All Instantaneous 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:
1. Boundary probe sampling and analysis of City provided monitoring data (monthly)
2. Integrated surface sampling (monthly)
3. Instantaneous surface monitoring (quarterly)
4. LFG sampling and analyses at treatmen,t system (montWy)
5. Ambient air sampling (monthly)
C- Landfill Gas Extraction and Treatment System Reportinl/:
On a monthly basis, BAS will prepare and submit reports detailing the data and events that took
place during the month. BAS understands that the due date for the report is the end of the
following month, after the service is performed. Additionally, BAS will collect all 1150.1 data
and prepare an 1150.1 compliance report to be submitted to the SCAQMD on the City of San
Bernardino's behalf.
The minimum information provided in the reports will include ofthe 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
. Gas probes monitoring results
. 1150.1 compliance data (Quarterly Reporting)
BAS estimates the above work can be conducted on a lump sum basis for the annual amount of
$175,000.00.
BRYAN A. &TIRRAT & ASSOCIATES
Mr. Ken Fischer, Director
Re: Anticipated Costs Associated with the Operations, Maintenance, and Monitoring of the Landfill Gas
Extraction and Treatment Systems at the Waterman LandJIIl, San Bernardino, California
May 7,2007
Page 6
2-NON-ROUTINE OM&M
This task consists of corrective repairs or maintenance work identified during the routine
monthly visits. The work consists of but is not limited to items such as repair of broken valves,
replacement of torn flex hoses, and repair oflateral 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 scheduled
maintenance will only be performed subsequent to prior authorization from the City. For tasks
which fall within non-routine scheduled maintenance services, BAS will purchase materials
necessary to implement repairs and provide the labor to perform the work. The following list
presents some of the items that are expected to be non-routine events and will be performed on
time and material basis:
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Well head replacement
Well valve replacement
Well extension and capping
Installation oftemporary condensate tanks
Flex Hose replacement
Well service removal and re-installation
Header 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
] 150.1 Alternative Monitoring Plan
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BAS proposes to the City to obtain an annual operating budget of$75,000.00 to accommodate
potential future repairs at the site.
ASSUMPTIONS AND CONDITIONS
. Any annual regulatory fees which may be required are not included in this scope of
work;
. Costs for electricity is not included in this scope of work;
· Carbon change outs no more than four times per year;
. Potassium Permanganate change outs no more than four times per year;
. Condensate removal and disposal are provided by City forces.
. BAS is not responsible for the methane quality or LFG composition at the site.
BRYAN A. STIR RAT & ASSOCIATES
I
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Mr. Ken Fischer. Director
Re: Anticipated Costs Associated with the Operations, Maintenance, and Monitoring of the Landfill Gas
Extraction and Treatment Systems at the Waterman Landfill, San Bernardino, California
May 7, 2007
Page 7
BAS appreciates this opportunity and looks forward to assisting the City of San Bernardino in
this important project. If you have any questions or require further information, please advise.
,1 I~
b b
'1'::'1' <!ha~draOS
\ l/t--1're~~~~andfill Gas Group
c: Linda Ceballos, City of San Bernardino
Bryan A Stirral, BAS
Ira R Snyder, BAS
G .E. Andraos, BAS
Michaei A. Cullinane, BAS
Gary Glasser, BAS
Scoll Angus, BAS
BRYAN A. STIRRAT & ASSOCIATES
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VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 16th day of July
2007, by and between Bryan A. Stirrat & Associates ("VENDOR") and the City of San
Bernardino ("CITY" or "San Bernardino").
WITNESSETH:
WHEREAS, the Mayor and Common Council has determined that it is in the best
interest of the CITY to contract for operation, maintenance, and monitoring of the landfill gas
extraction and treatment system at Waterman Landfill; and
WHEREAS, the City of San Bernardino determined Bryan A. Stirrat & Associates to
be the select source for the services delineated above.
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
For the remuneration stipulated, San Bernardino hereby engages the services of
VENDOR to provide those products and services as set forth in Attachment A, attached hereto,
and incorporated herein by this reference.
2. COMPENSATION AND EXPENSES.
a. For the services delineated above, the CITY, upon presentation of an invoice, shall
pay the VENDOR up to the amount of $250,000.00.
b. No other expenditures made by VENDOR shall be reimbursed by CITY,
3. TERM; SEVERABILITY.
The term of this Agreement shall be for a period of one year.
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This Agreement may be terminated at any time by thirty (30) days written notice by
either party. The terms of this Agreement shall remain in force unless mutually amended. The
duration of this Agreement may be extended with the written consent of both parties.
4. INDEMNITY.
CITY agrees to indemnify and hold harmless VENDOR, its officers, agents and
volunteers from any and all claims, actions, losses, damages and/or liability resulting from
CITY's negligent acts or omissions arising from the CITY's performance of its obligations
under the Agreement.
VENDOR agrees to indemnify and hold harmless the CITY, its officers, agents, and
volunteers from any and all claims, actions, losses, damages and/or liability resulting from
VENDOR's negligent acts or omissions arising from the VENDOR's performance of its
obligations under the Agreement.
In the event the CITY and/or the VENDOR is found to be comparatively at fault for any
claim, action, loss, or damage which results from their respective obligations under the
Agreement, the CITY and/or VENDOR shall indemnify the other to the extent of this
comparative fault.
5. INSURANCE.
While not restricting or limiting the foregoing, during the term of this Agreement,
VENDOR shall maintain in effect policies of comprehensive public, general and automobile
liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory
worker's compensation coverage, and shall file copies of said policies with the CITY's Risk
Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an
additional named insured in each policy of insurance provided hereunder. The Certificate of
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Insurance furnished to the CITY shall require the insurer to notify CITY of any change or
termination in the policy.
6. NON-DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees,
VENDOR shall not engage in, nor permit its officers, employees or agents to engage in,
discrimination in employment of persons because of their race, religion, color, national origin,
ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or
sexual orientation, or any other status protected by law, except as permitted pursuant to Section
12940 of the California Government Code.
7. INDEPENDENT CONTRACTOR.
VENDOR shall perform work tasks provided by this Agreement, but for all intents and
purposes VENDOR shall be an independent contractor and not an agent or employee of the
CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of
Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
Compensation, and other payroll deductions for VENDOR and its officers, agents, and
employees, and all business licenses, if any are required, in connection with the services to be
performed hereunder.
8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
VENDOR warrants that it possesses or shall obtain, and maintain a business registration
certificate pursuant to Chapter 5 of the Municipal Code, and any other license, permits,
qualifications, insurance and approval of whatever nature that are legally required of VENDOR
to practice its business or profession.
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9.
NOTICES.
Any notices to be given pursuant to this Agreement shall be deposited with the United
States Postal Service, postage prepaid and addressed as follows:
TO THE CITY:
Public Services Director
Ken Fischer
300 North "D" Street
San Bernardino, CA 92418
Telephone: (909) 384-5140
TO THE VENDOR:
Bryan A. Stirrat & Associates
Chris Alanis
1360 Valley Vista Drive
Diamond Bar, CA 91765
Telephone: (909) 860-7777
10. ATTORNEYS' FEES
In the event that litigation is brought by any party in connection with this Agreement,
the prevailing party shall be entitled to recover from the opposing party all costs and expenses,
including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of
its rights or remedies hereunder or the enforcement of any of the terms, conditions or
provisions hereof. The costs, salary and expenses of the City Attorney and members of his
office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys'
fees" for the purposes of this paragraph.
11. ASSIGNMENT.
VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or
encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior
written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void
and shall constitute a breach of this Agreement and cause for the termination of this
Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR
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of VENDOR's obligation to perform all other obligations to be performed by VENDOR
hereunder for the term of this Agreement.
12. VENUE.
The parties hereto agree that all actions or proceedings arising in connection with this
Agreement shall be tried and litigated either in the State courts located in the County of San
Bernardino, State of California or the U.S. District Court for the Central District of California,
Riverside Division. The aforementioned choice of venue is intended by the parties to be
mandatory and not permissive in nature.
13. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
14. SUCCESSORS AND ASSIGNS.
This Agreement shall be binding on and inure to the benefit of the parties to this
Agreement and their respective heirs, representatives, successors, and assigns.
15. HEADINGS.
The subject headings of the sections of this Agreement are included for the purposes of
convemence only and shall not affect the construction or the interpretation of any of its
provisions.
16. ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between the
parties, and supercedes any prior agreements and understandings relating to the subject manner
of this Agreement. This Agreement may be modified or amended only by a written instrument
executed by all parties to this Agreement.
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IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated:
,2007
VENDOR.
By:
Its:
Dated
,2007
CITY OF SAN BERNARDINO
By:
Fred Wilson, City Manager
Approved as to Form:
,~
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ATTACHMENT A
!lA'
BRYAN A. STIRRAT & ASSOCIATES
CIVIL ANO ENVIRONMENTAL ENGINEERS
May 7,2007
IN: 2004.0103
Mr. Ken Fischer, Director
City of San Bernardino
Public Services Department
300 North "D" Street
San Bernardino, California 92418
RE: ANTICIPATED COSTS ASSOCIATED WITH THE OPERATIONS,
MAINTENANCE, AND MONITORING OF THE LANDFILL GAS
EXTRACTION AND TREATMENT SYSTEMS AT THE WATERMAN
LANDFILL, SAN BERNARDINO, CALIFORNIA
Dear Mr. Fischer
Pursuant to our discussions, Bryan A. Stirrat & Associates (BAS) is pleased to present the costs
associated with the Operations, Maintenance and Monitoring (OM&M) of the Landfill Gas
(LFG) Extraction and Treatment System at the Waterman Landfill. As you are aware,
construction of the LFG Extraction System is complete and now, as mandated by tlie South
Coast Air Quality Management District (SCAQMD), Routine OM&M must begin. The
proposed tasks to be provided by BAS are described in the Scope of Work (SOW) below. The
SOW is divided into two sections. The first section describes routine OM&M services related
to the LFG Extraction and Treatment Systems (LFGETS), and the second section describes
Non-Routine OM&M related services.
I-ROUTINE OM&M
The work includes all Routine OM&M activities of the LFGETS. The existing extraction
system consists of a treatment facility, 25 gas extraction wells, six monitoring ports and six gas
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.
The scope of work is broken down into three tasks: A. Treatment Facility and Well Field
OM&M; B. SCAQMD Rule 1 I 50.1 Compliance Monitoring; and C. Reporting. These tasks
are described in detail below.
BAS will perform the following activities as part of the routine OM&M program;
1360 Valley Vista Drive. Diamond Bar, CA 91765 . (909J 860-7777 . FAX (909J 860-8017
Mr. Ken Fischer, Director
Re: Anticipated Costs Associated with the Operations, Maintenance, and Monitoring of the Landfill Gas
Extraction and Treatment Systems at the Waterman Landfill, San Bernardino, California
May7,2007
Page 2
A- Treatment Facility and Well Field OM&M
Treatment Facility
Weekly
. Fill out Treatment Facility Station Data Log.
. Visually inspect units; 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,
oilllubricant 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.
BRYAN A. STIRRAT & ASSOCIATES
Mr. Ken Fischer, Director
Re: Anticipated Costs Associated with the Operations, Maintenance, and Monitoring of the Landfill Gas
Extraction and Treatment Systems at the Waterman Landfill, San Bernardino, California
May 7, 2007
Page 3
Quarterly
BAS will shut the system down and perform the quarterly Treatment Facility check which
consists of the following:
. Remove the inspection port on the knock-out vessel and dernister pad and remove any
debris that has collected.
. If the pressure drop across the demister reaches 2x its original value the demister 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 dernister element that makes it easy to do this.
Hose the element down opposite oflandfill gas 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 system
is running. The system should shut down 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 wiil be calibrated in accordance with manufacturer's specifications.
Annually
Shut down the Treatment Facility and perform the annual Treatment Facility check which
consists of the following;
. Check for arcing contactor points by checking the switches and the contactor.
. Re-torque ail 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.
. Ail electrical components will be inspected by a qualified electrician for proper operation.
BRYAN A. STIRR~T & ASSCC;IATES
Mr. Ken Fischer, Director
Re: Anticipated Costs Associated with the Operations, Maintenance, and Monitoring of the Landf1ll Gas
Extraction and Treatment Systems at the Waterman Landfill, San Bernardino, California
May 7, 2007
Page 4
. Calibrate critical systeminstrumentation (e.g., flow meter, chart recorder etc.).
Well field Monitoring and Balancing
BAS will monitor each of the 25 gas wells and/or six header monitoring ports weekly or on an
as-needed basis. Gas migration monitoring probes will be monitored weekly to determine the
impact that the LFGES is having on the probes. The monitoring includes visually inspecting
the well head for breaks or leaks.
A Gem-500 or 2000 will be used to collect and record the following data:
. LFG Temperature
. Well head static pressure
. Methane concentration
. Oxygen concentration
. Carbon dioxide concentration
. LFG flow rate (Velocity Meter)
. 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.
The six gas monitoring probes will be monitored monthly. The probes will be monitored for
the following parameters using the Gem instrument:
. Static pressure of the probe.
. Total Organic Compounds (TOCs) measured as methane, measured as percent by volume.
. Oxygen and carbon dioxide, measured as percent by volume.
. Lower Explosive Limit (LEL) measured as percent LEL.
BRYAN A. ST'RRAT & ASSOCIATES
Mr. Ken Fischer, Director
Re: Anticipated Costs Associated with the Operations, Maintenance, and Monitoring of the Landfill Gas
Extraction and Treatment Systems at the Waterman Landfill, San Bernardino, California
May 7, 2007
Page 5
B- 1150.1 Compliance Monitorinl!.
All work under the 1150.1 monitoring program will be performed in accordance with the
SCAQMD Guidelines for Implementation of Rule 1150.1 (Guidelines). All Instantaneous 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:
1. Boundary probe sampling and analysis of City provided monitoring data (monthly)
2. Integrated surface sampling (monthly)
3. Instantaneous surface monitoring (quarterly)
4. LFG sampling and analyses at treatment system (monthly)
5. 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 took
place during the month. BAS understands that the due date for the report is the end of the
following month, after the service is performed. Additionally, BAS will collect all 1150.1 data
and prepare an 1150.1 compliance report to be submitted to the SCAQMD on the City of San
Bernardino's behalf.
The minimum information provided in the reports 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
. Gas probes monitoring results
. 1150.1 compliance data (Quarterly Reporting)
BAS estimates the above work can be conducted on a lump sum basis for the annual amount of
$175,000.00.
BRYAN A. STIRRAT & ASSOCIATES
Mr. Ken Fischer, Director
Re: Anticipated Costs Associated with the Operations, Maintenance, and Monitoring of the Landfill Gas
Extraction and Treatment Systems at the Waterman LandHll, San Bernardino, California
May 7, 2007
Page 6
2-NON-ROUTINE OM&M
This task consists of corrective repairs or maintenance work identified during the routine
monthly visits. The work consists of but is not limited to items such as repair of broken valves,
replacement of torn flex hoses, and repair oflaterallines. 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 scheduled
maintenance will only be performed subsequent to prior authorization from the City. For tasks
which fall within non-routine scheduled maintenance services, BAS will purchase materials
necessary to implement repairs and provide the labor to perform the work. The following list
presents some of the items that are expected to be non-routine events and will be performed on
time and material basis:
. Well head replacement
. Well valve replacement
. Well extension and capping
. Installation of temporary condensate tanks
. Flex Hose replacement
. Well service removal and re-installation
. Header 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
. I] 50.] Alternative Monitoring Plan
BAS proposes to the City to obtain an annual operating budget of$75,000.00 to accommodate
potential future repairs at the site.
ASSUMPTIONS AND CONDITIONS
. Any annual regulatory fees which may be required are not included in this scope of
work;
. Costs for electricity is not included in this scope of work;
. Carbon change outs no more than four times per year;
. Potassium Permanganate change outs no more than four times per year;
. Condensate removal and disposal are provided by City forces.
. BAS is not responsible for the methane quality or LFG composition at the site.
BRYAN A. STIRRAT & ASSOCIATES
I
Mr. Ken Fischer, Director
Re: Anticipated Costs Associated with the Operations, Maintenance, and Monitoring of the Landfill Gas
Extraction and Treatment Systems at the Waterman Landfill, San Bernardino, California
May 7, 2007
Page 7
BAS appreciates this opportunity and looks forward to assisting the City of San Bernardino in
this important project. If you have any questions or require further information, please advise.
,"1 /'"
b 5
6" Gha~draOS
f Vl--1're~~~~andfilI Gas Group
c: Linda Ceballos, City of San Bernardino
Bryan A Stunt, BAS
Ira R. Snyder, BAS
G.E. Andraos, BAS
Michael A. Cullinane, BAS
Gary Glasser, BAS
Scott Angus, BAS
BRYAN A. STIRRAT & ASSOCIATES