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Agreement A-21-053 with Golder Associates Inc..pdf
-1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A G R E E M E N T THIS AGREEMENT is made and entered into this day of February, 2021, by and between the COUNTY OF FRESNO, a Political Subdivision of the State of California, hereinafter referred to as "COUNTY", and Golder Associates, Inc., a Georgia Corporation; whose address is “1000 Enterprise Way, Suite 190, Roseville, CA 95678”, hereinafter referred to as "CONTRACTOR". W I T N E S S E T H: WHEREAS, the COUNTY requires specialized services to conduct the STATE and Federal- required operation and maintenance of the Landfill Gas Collection and Control System (LFGCCS) at the Southeast Regional Landfill Site (SITE); and WHEREAS, the CONTRACTOR is qualified and willing to provide the COUNTY the professional services required for this project; NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions herein contained, the parties hereto agree as follows: I.OBLIGATIONS OF THE CONTRACTOR A.The COUNTY hereby contracts with the CONTRACTOR as an independent contractor to provide all the services required for the project as described under Article III herein. B.The CONTRACTOR shall retain such engineering and other subcontractors as CONTRACTOR requires to assist in completing the work. All subcontractors used by CONTRACTOR shall be approved in writing by the COUNTY before they retained by the CONTRACTOR, which approval shall not be unreasonably withheld. Should CONTRACTOR retain such persons, compensation to be paid to CONTRACTOR under Article VIII, shall not be increased. C.The CONTRACTOR’s services shall be performed as expeditiously as is consistent with professional skill and the orderly progress of the work. D.The contact person for the CONTRACTOR shall be: James D. Moore, telephone (916) 223-7226, Email: jdmoore@golder.com II.DESCRIPTION OF THE WORK COVERED BY THIS AGREEMENT A.The work covered by this Agreement is for the CONTRACTOR services described in Article III. Agreement No. 21-053 23rd 20-1420 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 III.CONTRACTOR’S SERVICES The CONTRACTOR agrees to provide professional services as described below and more specifically described in the CONTRACTOR’s response to the COUNTY’s Request for Quotation No. 21-006, which is attached hereto as Exhibit “A” and incorporated by this reference as though fully set forth: A. Task 1 – Routine LFGCCS Operation, Monitoring, and Maintenance: Routine LFGCCS operation, monitoring, and maintenance as required by applicable Federal and State law and regulation and any site specific permits; the respective monthly, quarterly and annual fees for which are set forth in Exhibit “A”, B.Task 2 – Landfill Gas (LFG) Surface Emissions Testing and Reporting: CONTRACTOR shall conduct LFG surface emission testing and reporting in accordance with San Joaquin Valley Air Pollution Control District (SJVAPCD) Rule 4642, which services CONTRACTOR agrees to perform for the fees set forth in Exhibit “A”. IV.TIME OF COMPLETION CONTRACTOR shall diligently proceed with the agreed scope of services and shall provide such services in a timely manner. Failure of the CONTRACTOR to provide such services on a timely basis, is sufficient cause to terminate this Agreement immediately, at the option of the COUNTY, in accordance with Article VIIB, unless the delay is attributable to the COUNTY or State. V.OBLIGATIONS OF THE COUNTY A.Compensate the CONTRACTOR as provided in this Agreement. B.Provide a “County Representative” who will represent the COUNTY and who will coordinate with the CONTRACTOR as appropriate to facilitate CONTRACTOR’s performance under the provisions of this Agreement. The County Representative will be the COUNTY’s Director of Department of Public Works and Planning or his/her designee. The CONTRACTOR shall communicate and coordinate with the County Representative who will provide the following services: 1.Examine documents submitted to the COUNTY by the CONTRACTOR and timely render decisions pertaining thereto. -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2.Provide communication between the CONTRACTOR and COUNTY officials and commissions (including user Department). 3.Provide right of entry on designated property for accomplishment of authorized work. C.Give reasonably prompt consideration to all matters submitted by the CONTRACTOR for approval, so as to avoid any substantial delays in the CONTRACTOR’s performance of the work. An approval, authorization or request to the CONTRATOR given by the COUNTY will only be binding upon the COUNTY under the terms of this Agreement if in writing and signed on behalf of the COUNTY by the County Representative or his or her designee. VI.TERM The term of this Agreement shall be for a period of three (3) years, commencing on February 23, 2021 through and including February 22, 2024. This Agreement may be extended for two (2) additional consecutive twelve (12) month periods upon written approval of both parties no later than thirty (30) days prior to the first day of the next twelve (12) month extension period. The Director of Public Works and Planning or his or her designee is authorized to execute such written approval on behalf of COUNTY based on CONTRACTOR’S satisfactory performance. VII.TERMINATION A.Non-Allocation of Funds - The terms of this Agreement, and the services to be provided hereunder, are contingent on the approval of funds by the appropriating government agency. Should sufficient funds not be allocated, the services provided may be modified, or this Agreement terminated, at any time by giving the CONTRACTOR thirty (30) days advance written notice. B.Breach of Contract - The COUNTY may immediately suspend or terminate this Agreement in whole or in part, where in the determination of the COUNTY there is: 1.An illegal or improper use of funds; 2.A failure to comply with any material term of this Agreement; 3.A substantially incorrect or incomplete report submitted to the COUNTY; 4.Services not performed consistent with the generally accepted standard of care. C.In no event shall any payment by the COUNTY constitute a waiver by the COUNTY of any -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 breach of this Agreement or any default which may then exist on the part of the CONTRACTOR. Neither shall such payment impair or prejudice any remedy available to the COUNTY with respect to the breach or default. The COUNTY shall have the right to demand of the CONTRACTOR the repayment to the COUNTY of any funds disbursed to the CONTRACTOR under this Agreement, which in the judgment of the COUNTY and as determined in accordance with the procedures of Article XX, “Errors or Omissions Claims and Disputes”, were not expended in accordance with the terms of this Agreement. The CONTRACTOR shall promptly refund any such funds upon demand. D.Without Cause - Under circumstances other than those set forth above, this Agreement may be terminated by COUNTY upon the giving of thirty (30) days advance written notice of an intention to terminate to CONTRACTOR. If the COUNTY terminates this Agreement, the CONTRACTOR shall be compensated for services satisfactorily completed to the date of termination based upon the compensation rates and subject to the maximum amounts payable hereunder as agreed to in Article VIII, together with such additional services satisfactorily performed after termination which are expressly authorized by the County Representative to conclude the work performed to date of termination. VIII. COMPENSATION/INVOICING: COUNTY agrees to pay CONTRACTOR and CONTRACTOR agrees to receive compensation as provided herein and in accordance with the respective rates provided in Exhibit “A.” A.Total Fee: 1.The Total Fee includes both Basic Fee service and Extra Services. Basic Fee services will be subject to an annual maximum compensation amount as specified in Section B of this Article VIII. The cumulative amount payable under this Agreement for Extra Services provided under Section C of this Article VIII, however, will not be subject to an annual maximum. This Agreement allows payment for performance of Extra Services in such amount as is required during any contract year, so long as the maximum cumulative amount of the Total Fee is not exceeded. 2. The maximum cumulative amount of the Total Fee for the original three-year term of this Agreement shall be $400,000; and it is further hereby provided that if the Agreement is renewed as provided for in Article VI, then the maximum cumulative amount of the Total Fee, which includes both the Basic Fee and Extra Services allocations, shall be increased as provided in this Article VIII.A.2, -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 without the need for any amendment of this Agreement. Accordingly, if this Agreement is renewed for one additional year at the conclusion of its original three-year term, the Total Fee hereunder over the entirety of that four-year term would be increased to $450,000; and likewise, if the Agreement is renewed for the maximum two additional years, then the maximum cumulative amount of the Total Fee hereunder over the entirety of that five-year term would be $500,000. B. Basic Fee: • Task 1 - Routine LFGCCS Operation, Monitoring and Maintenance • Task 2 - Landfill Gas Surface Emissions Testing and Reporting The maximum annual allocation for Basic Fee services hereunder shall be $23,600. In no event shall services performed under this Agreement be in excess of $500,000 over the entire potential five-year term of this Agreement, comprised of Basic Fee (Task 1 and Task 2) and Extra Services (Task 3, Task 4, and Task 5). C. Extra Services: 1. The CONTRACTOR shall not undertake any Extra Services without the advance written authorization of the County Representative. The CONTRACTOR and the COUNTY shall expressly confirm in writing the authorization and maximum cost for any such services before the CONTRACTOR initiates any work thereon. 2. The following are CONTRACTOR services which are considered as not included in Article III herein but may be required and thus considered Extra Services. a. Providing unforeseen, extraordinary, or unique services, additional LFGCCS maintenance and/or related work required by regulatory agencies or, items not covered or normally included in the Basic Fee, but authorized by the County Representative. b. Extra Services shall be characterized and invoiced under the following heading, as appropriate to the type of services requested and as authorized by the County Representative: • Task 3 - Non-Routine Scheduled Maintenance (Extra Services) Non-routine scheduled maintenance consists of corrective repair or maintenance work identified by the CONTRACTOR during regular Site visits or by COUNTY staff. This work is essential for proper -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LFGCCS operation; however, it is considered work that can be scheduled to allow for procurement of materials or equipment or assignment of personnel. The CONTRACTOR shall provide a not-to-exceed quote to the COUNTY for all non-routine scheduled maintenance and work will only be performed after authorization from the COUNTY to the CONTRACTOR. Written authorization will be required prior to commencement of the work; •Task 4 - Emergency Maintenance (Extra Services) Emergency maintenance is required to provide immediate response to protect life, property, and the environment or to restore system operations. Due to the nature of these items, repairs may have to be initiated as needed, 24 hours per day, 7 days a week, 365 days per year. Emergency maintenance will only be performed after verbal authorization from COUNTY staff, to be followed by a written authorization confirmation; •Task 5 – Consultation/Regulatory Agency Response (Extra Services) Consultation and/or preparation of response to regulatory agency will be provided as needed and will be based on the CONTRACTOR’s submittal, in writing, of the proposed scope of work and proposed maximum (“not to exceed”) cost for completion thereof. All such proposals shall be submitted to the County in advance of performing any services. The CONTRACTOR will perform services only after receiving from the County Representative written acceptance of the proposal. 3.Fees for Extra Services authorized under Task 3 and 4 (Extra Services) as described above shall be computed at the hourly cost rates and material costs shown in CONTRACTOR’S response to COUNTY’s Request for Quotation No. 21-006. Fees for Extra Services requested to be provided by CONTRACTOR under Task 5 (Extra Services) above shall be authorized as maximum (“not to exceed”) amounts for specifically defined services. 4.Notwithstanding the provisions of Article VIII.C.1 establishing the hourly rates for Basic Fee services hereunder, the hourly rates for Task 3 and 4 (Extra Services) may be renegotiated annually at CONTRACTOR’S request by submitting the proposed changes to the County Representative at least sixty (60) days prior to the renewal date of this Agreement. Upon review and written approval of the County Representative, the COUNTY may authorize the change in hourly rates. -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. In the event COUNTY expressly authorizes Extra Services, CONTRACTOR shall keep complete records showing the hours and description of activities worked by each person who works on the project and all costs and charges applicable to the Extra Services work authorized. Should there be a claim for Extra Services, the CONTRACTOR agrees and acknowledges that the claimant shall specifically identify the activity, performer of the activity, reason for the activity, and COUNTY official requesting the activity, and that failure to do will result in denial of the claim. CONTRACTOR shall be responsible for all sub-consultants keeping similar records. The CONTRACTOR shall not stop the work, including the work in other areas unrelated to the Extra Services request or claim, unless it can be shown the project work cannot proceed while a claim or request for Extra Services is being evaluated. D. Payments: 1. CONTRACTOR shall submit monthly invoices to the County of Fresno Department of Public Works and Planning. Progress payments will be made by the COUNTY upon receipt and approval of the CONTRACTOR's monthly invoices based on the COUNTY's evaluation of the completion of the respective components of the projects(s). Invoices submitted by CONTRACTOR shall clearly identify each task to which the work pertains, clearly identify charges for tasks authorized as Extra Services, and shall be submitted with the documentation identified in Article VIII.D.4. invoices shall be submitted electronically to PWPBusinessOffice@fresnocountyca.gov, with the subject matter: Resources Division, Landfill Operations Manager, Vendor Name and Invoice Number. 2. Upon receipt of a proper invoice, the COUNTY’s Department of Public Works and Planning will take a maximum of ten (10) working days to review, approve, and submit it to the COUNTY’s Auditor-Controller/Treasurer-Tax Collector. Unsatisfactory or inaccurate invoices may be returned to the CONTRACTOR for correction and resubmittal. Payment will be issued to CONTRACTOR within forty-five (45) calendar days of the date the Auditor-Controller/Treasurer-Tax Collector receives the approved invoice. 3. An unresolved dispute over a possible error or omission may cause payment of CONTRACTOR fees in the disputed amount to be withheld by the COUNTY. -8- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. Concurrently with the invoices, the CONTRACTOR shall provide its certification acceptable to the COUNTY, and shall provide, on COUNTY request, copies of issued checks, receipts, or other COUNTY pre-approved documentation, that complete payment has been made to all subcontractors as provided herein for all previous invoices paid by the COUNTY. 5. Final invoice shall be submitted to COUNTY no later than sixty (60) days after project is completed. Payment shall not be made until all post-project services are completed, including but not limited to furnishing of required reports. 6. In the event the COUNTY reduces the scope of the project, the CONTRACTOR will be compensated on a pro rata basis for actual work completed and accepted by the COUNTY in accordance with the terms of this Agreement. In no event shall services performed under this Agreement be in excess of $500,000 during the term of this Agreement. It is understood that all expenses incidental to CONTRACTOR'S performance of services under this Agreement shall be borne by CONTRACTOR. IX. COMPENSATION RECORDS: The CONTRACTOR shall keep complete records showing the hours and description of activities performed by each person who works on the project and all associated costs or charges applicable to work covered by the Basic Fee and approved Extra Services. The CONTRACTOR will be responsible for all sub-contractors keeping similar records. X. COMPLIANCE WITH LAWS: CONTRACTOR shall comply with Federal, State, and local laws, ordinances, regulations, and Fresno County Charter provisions applicable and in effect when professional services are performed. XI. INDEPENDENT CONTRACTOR: A. In performance of the work, duties and obligations assumed by CONTRACTOR under this Agreement, it is mutually understood and agreed that CONTRACTOR, including any and all of the CONTRACTOR'S officers, agents, and employees will at all times be acting and performing as an independent contractor, and shall act in an independent capacity and not as an officer, agent, servant, employee, joint venturer, partner, or associate of the COUNTY. Furthermore, COUNTY shall have no right to control or supervise or direct the manner or method by which CONTRACTOR shall perform its work and -9- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 function. However, COUNTY shall retain the right to administer this Agreement so as to verify that CONTRACTOR is performing its obligations in accordance with the terms and conditions thereof. CONTRACTOR and COUNTY shall comply with all applicable provisions of law and the rules and regulations, if any, of Governmental authorities having jurisdiction over matters the subject thereof. B. Because of its status as an independent contractor, CONTRACTOR shall have absolutely no right to employment rights and benefits available to COUNTY employees. CONTRACTOR shall be solely liable and responsible for providing to, or on behalf its employees all legally-required employee benefits. In addition, CONTRACTOR shall be solely responsible and save COUNTY harmless from all matters relating to payment of CONTRACTOR'S employees, including compliance with Social Security, withholding, and all other regulations governing such matters. It is acknowledged that during the term of this Agreement, CONTRACTOR may be providing services to others unrelated to the COUNTY or to this Agreement. XII.MODIFICATION: Any matters of this Agreement may be modified from time to time by the written consent of all the parties without, in any way, affecting the remainder. XIII.NON-ASSIGNMENT: Neither party shall assign, transfer or sub-contract this Agreement nor their rights or duties under this Agreement without the prior written consent of the other party. XIV. HOLD HARMLESS: CONTRACTOR agrees to indemnify, save, hold harmless, and at COUNTY'S request, defend the COUNTY, its officers, agents, and employees from any and all costs and expenses (including attorney’s fees and costs), damages, liabilities, claims, and losses occurring or resulting to COUNTY in connection with the negligent performance, or failure to perform, by CONTRACTOR, its officers, agents, or employees under this Agreement, and from any and all costs and expenses (including attorney’s fees and costs), damages, liabilities, claims, and losses occurring or resulting to any person, firm, or corporation who may be injured or damaged by the performance, or failure to perform, of CONTRACTOR, its officers, agents, or employees under this Agreement. -10- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 XV.CONTRACTOR'S LEGAL AUTHORITY: Each individual executing this Agreement on behalf of CONTRACTOR hereby covenants, warrants, and represents: (i) that he or she is duly authorized to execute and deliver this Agreement on behalf of such corporation in accordance with a duly adopted resolution of the corporation's board of directors and in accordance with such corporation's articles of incorporation or charter and bylaws; (ii) that this Agreement is binding upon such corporation; and (iii) that CONTRACTOR is a duly organized and legally existing corporation in good standing in the State of California. XVI.PARTIES BOUND BY AGREEMENT: This Agreement shall be binding upon the COUNTY, the CONTRACTOR, and their successors in interest, legal representatives, executors, administrators, and assigns with respect to all covenants as set forth herein. XVII.INSURANCE: Prior to commencing the duties under the Agreement with the COUNTY, the CONTRACTOR shall furnish the COUNTY, certificates for the following insurance policies. Without limiting the COUNTY's right to obtain indemnification from CONTRACTOR or any third parties, CONTRACTOR, at its sole expense, shall maintain in full force and effect, the following insurance policies throughout the term of the Agreement at no additional cost to the COUNTY: A.Commercial General Liability Commercial General Liability Insurance with limits of Two Million Dollars ($2,000,000.00) per occurrence and an annual aggregate of Four Million Dollars ($4,000,000.00). This policy shall be issued on a per occurrence basis. COUNTY may require specific coverages including completed operations, products liability, contractual liability, Explosion-Collapse-Underground, fire legal liability or any other liability insurance deemed necessary because of the nature of this contract. B.Automobile Liability Automobile Liability Insurance with limits of One Million Dollars ($1,000,000.00) per accident for bodily injury and for property damages. Coverage should include any auto used in connection with this Agreement. -11- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C.Professional Liability If CONTRACTOR employs licensed professional staff, (e.g., Ph.D., R.N., L.C.S.W., M.F.C.C.) in providing services, Professional Liability Insurance with limits of One Million Dollars ($1,000,000.00) any one claim, Three Million Dollars ($3,000,000.00) annual aggregate. If any of the required policies provide claims-made coverage: 1.The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. 2.Insurance must be maintained and evidence of insurance must be provided for three (3) years after completion of the contract work. 3.If coverage is canceled or non-renewed, and not replaced with another claims- made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for three (3) years after completion of work. The COUNTY, its officers, agents and employees, individually and collectively, shall be named as additional insured in Commercial General Liability Insurance, but only insofar as the operations under this contract are concerned. Such coverage of COUNTY as additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained by the COUNTY, its officers, agents, and employees, shall be excess only and not contributing with insurance provided under the CONTRACTOR’s policies herein. In the event CONTRACTOR fails to keep in effect at all times insurance coverage as herein provided, the COUNTY may, in addition to other remedies it may have, suspend or terminate this Agreement upon the occurrence of such event. D.Worker's Compensation A policy of Worker's Compensation insurance as may be required by the California Labor Code. Additional Requirements Relating to Insurance CONTRACTOR shall obtain endorsements to the Commercial General Liability insurance naming the County of Fresno, its officers, agents, and employees, individually and collectively, as additional -12- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 insured, but only insofar as the operations under this Agreement are concerned. Such coverage for additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained by COUNTY, its officers, agents and employees shall be excess only and not contributing with insurance provided under CONTRACTOR's policies herein. This insurance shall not be cancelled or materially changed without a minimum of thirty (30) days advance written notice given to COUNTY. CONTRACTOR hereby waives its right to recover from COUNTY, its officers, agents, and employees any amounts paid by the policy of worker’s compensation insurance required by this Agreement. CONTRACTOR is solely responsible to obtain any endorsement to such policy that may be necessary to accomplish such waiver of subrogation, but CONTRACTOR’s waiver of subrogation under this paragraph is effective whether or not CONTRACTOR obtains such an endorsement. Within thirty (30) days from the date CONTRACTOR signs and executes this Agreement, CONTRACTOR shall provide certificates of insurance and endorsement as stated above for all of the foregoing policies, as required herein, to the County of Fresno, (Landfill Operations Manager, 2220 Tulare Street, 6th Floor, Fresno, CA 93721), stating that such insurance coverage have been obtained and are in full force; that the County of Fresno, its officers, agents and employees will not be responsible for any premiums on the policies; that such Commercial General Liability insurance names the County of Fresno, its officers, agents and employees, individually and collectively, as additional insured, but only insofar as the operations under this Agreement are concerned; that such coverage for additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained by COUNTY, its officers, agents and employees, shall be excess only and not contributing with insurance provided under CONTRACTOR's policies herein; and that this insurance shall not be cancelled or materially changed without a minimum of thirty (30) days advance, written notice given to COUNTY. In the event CONTRACTOR fails to keep in effect at all times insurance coverage as herein provided, the COUNTY may, in addition to other remedies it may have, suspend or terminate this Agreement upon the occurrence of such event. All policies shall be issued by admitted insurers authorized by the California Department of Insurance to do business in the State of California, and such insurance shall be purchased from companies possessing a current A.M. Best, Inc. rating of A FSC VII or better. -13- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 XVIII.OWNERSHIP OF DOCUMENTS: A.CONTRACTOR understands and agrees that COUNTY shall retain full ownership rights of the drawings and the work-product of CONTRACTOR for the project, to the fullest extent permitted by law. In this regard, CONTRACTOR acknowledges and agrees that CONTRACTOR's services are on behalf of COUNTY and are "works made for hire," as that term is defined in copyright law, by COUNTY; that the drawings and work-product to be prepared by CONTRACTOR are for the sole and exclusive use of COUNTY, and shall be the sole property of COUNTY and its assigns, and the COUNTY and its assigns shall be the sole owner of all patents, copyrights, trademarks, trade secrets and other contractual and intangible rights in connection therewith; that all the rights, title, and interest in and to the drawings and work-product will be transferred to COUNTY by CONTRACTOR, and CONTRACTOR will assist COUNTY to obtain and enforce patents, copyrights, trademarks, trade secrets, and all contractual and other rights of any kind or nature relating to COUNTY’s ownership of said drawings and work-product; and that COUNTY shall be and become the owner of such drawings and work product, free and clear of any claim by CONTRACTOR or anyone claiming any right through CONTRACTOR. CONTRACTOR further acknowledges and agrees that COUNTY's ownership rights in such drawings and work product shall apply regardless of whether such drawings or work product, or any copies thereof, are in the possession of CONTRACTOR, or any other person, firm, corporation, or entity. For the purpose of this Agreement the terms "drawings and work-product" shall mean all reports and study findings developed for the project, drawings and schematic or preliminary design documents of each project, certified reproducible of the original final construction contract drawings of each project, specifications of each project, the approved opinion of probable construction cost of each project, record drawings of each project, as-built plans of each project, and discoveries, developments, designs, improvements, inventions, formulas, processes, techniques, or specific know-how and data generated or conceived or reduced to practice or learning by CONTRACTOR, either alone or jointly with others, that result from the tasks assigned to CONTRACTOR by COUNTY under this Agreement. B. All documents, including calculations, required in performing services under this Agreement shall be submitted to, and shall remain the property of the COUNTY. -14- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 XIX. AUDITS AND INSPECTIONS: The CONTRACTOR shall at any time during business hours, and as often as the COUNTY may deem necessary, make available to the COUNTY for examination all of its records and data with respect to the matters covered by this Agreement. The CONTRACTOR shall, upon request by the COUNTY, permit the COUNTY to audit and inspect all of such records and data necessary to ensure CONTRACTOR'S compliance with the terms of this Agreement. If this Agreement exceeds ten thousand dollars ($10,000.00), CONTRACTOR shall be subject to the examination and audit of the Auditor General for a period of three (3) years after final payment under contract (Government Code Section 8546.7). XX. ERRORS OR OMISSION CLAIMS AND DISPUTES: A. Definitions: A "Consultant" is a duly licensed Architect or Engineer, or other provider of professional services, acting as a business entity (owner, partnership, corporation, joint venture or other business association) in accordance with the terms of an Agreement with the COUNTY. A "Claim" is a demand or assertion by one of the parties seeking, as a matter of right, adjustment or interpretation of contract terms, payment of money, extension of time, change orders, or other relief with respect to the terms of the contract. The term "Claim" also includes other disputes and matters in question between the COUNTY and CONTRACTOR arising out of or relating to the contract. Claims must be made by written notice. The provisions of Government Code section 901, et seq., shall apply to every claim made to COUNTY. The responsibility to substantiate claims shall rest with the party making the claim. The term "Claim" also includes any allegation of a negligent act, error or omission by the CONTRACTOR in the performance of professional services under this Agreement. B. In the spirit of cooperation between the COUNTY and CONTRACTOR, the following procedures are established in the event of any claim or dispute alleging a negligent act, error, omission, of the CONTRACTOR. 1. Claims, disputes or other matters in question between the parties, arising out of or relating to this Agreement, shall not be subject to arbitration, but shall be subject to the following procedures. -15- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. The project manager of COUNTY and CONTRACTOR shall meet and confer and attempt to reach agreement on any dispute, including what damages have occurred, the measure of damages and what proportion of damages, if any, shall be paid by either party. The parties agree to consult and consider the use of mediation or other form of dispute resolution prior to resorting to litigation. 3.If the COUNTY and CONTRACTOR cannot reach agreement under Section XX.B.2., the disputed issues may, upon concurrence by all parties, be submitted to a panel of three (3) for a recommended resolution. The CONTRACTOR and the COUNTY shall each select one (1) member of the panel, and the third member shall be selected by the other two panel members. The discovery rights provided by California Code of Civil Procedure for civil proceedings shall be available and enforceable to resolve the disputed issues. Either party requesting this dispute resolution process shall, when invoking the rights to this panel, give to the other party a notice describing the claims, disputes and other matters in question. Prior to twenty (20) days before the initial meeting of the panel, both parties shall submit all documents such party intends to rely upon to resolve such dispute. If it is determined by the panel that any party has relied on such documentation but has failed to previously submit such documentation on a timely basis to the other party, the other party shall be entitled to a 20- day continuance of such initial meeting of the panel. Issuance of the panel’s recommended decision is not a condition precedent to arbitration, mediation or litigation. 4.Upon receipt of the panel's recommended resolution of the dispute issues, the COUNTY and the CONTRACTOR shall again meet and confer and attempt to reach agreement. If the parties still are unable to reach agreement, each party shall have recourse to all appropriate legal and equitable remedies. C.The procedures to be followed in the resolution of claims and disputes may be modified at any time by mutual agreement of the parties hereto. D.The CONTRACTOR shall continue to perform its obligations under this Agreement pending resolution of any dispute, and the COUNTY shall continue to make payments of all undisputed amounts due under this Agreement. -16- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 E. When a claim has been made alleging the CONTRACTOR's negligent act, error, or omission, the COUNTY Project Manager and the CONTRACTOR shall meet and confer within twenty- one (21) days after the written notice of the claim has been provided. XXI. JOINDER OF PARTIES: The CONTRACTOR, the CONTRACTOR’s consultants of any tier, subcontractor of any tier, suppliers and construction lenders shall all be bound by the dispute resolution provisions of this Agreement, and immediately upon demand of COUNTY or CONTRACTOR, shall participate in and shall become parties to the dispute resolution process, provided they have signed any document that incorporates or refers to the dispute resolution provisions of this Agreement. Failure, whether intended or inadvertent, of CONTRACTOR to ensure that such nonparties have signed such a document shall inure only to CONTRACTOR’s detriment, if any there be. COUNTY shall not suffer a detriment by CONTRACTOR’s action or inaction in this regard. If such a party after due notice fails to appear at and participate in the dispute resolution proceedings, the panel established in accordance with the provisions of Article XX.B.3 shall make a decision based on evidence introduced by the party or parties who do participate. XXII. CONTRACTOR’S OBLIGATION RELATING TO REGULATORY REQUIREMENTS A. The CONTRACTOR shall analyze and adhere to requirements of all applicable regulatory provisions, rules, and codes, which shall include, but not be limited to: applicable provision of San Joaquin Valley Air Pollution Control District (SJVAPCD) rules and regulations; the site-specific permit to operate issued by SJVAPCD; California Code of Regulations (CCR) Titles 14, 22, 23, and 27; and any applicable provisions of the Code of Federal Regulations (such as Title 40 CFR); and any amendments or modifications to any of the foregoing, together with such other provisions, applicable to the regulation of landfill gas emissions and solid waste landfills, as may be promulgated subsequent to the execution of this Agreement. XXIII. NOTICES: The persons and their addresses having authority to give and receive notices under this Agreement include the following: -17- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COUNTY OF FRESNO CONTRACTOR Landfill Operations Manager Golder Associates Inc. Resources Division James D. Moore 22220 Tulare Street, 6th Floor Senior Landfill Gas Manager Fresno, CA 93721 1000 Enterprise Way, Suite 190 Roseville, CA 95678 All notices between the COUNTY and CONTRACTOR provided for or permitted under this Agreement must be in writing and delivered either by personal service, by first-class United States mail, by an overnight commercial courier service, or by telephonic facsimile transmission. A notice delivered by personal service is effective upon service to the recipient. A notice delivered by first-class United States mail is effective three COUNTY business days after deposit in the United States mail, postage prepaid, addressed to the recipient. A notice delivered by an overnight commercial courier service is effective one COUNTY business day after deposit with the overnight commercial courier service, delivery fees prepaid, with delivery instructions given for next day delivery, addressed to the recipient. A notice delivered by telephonic facsimile is effective when transmission to the recipient is completed (but, if such transmission is completed outside of COUNTY business hours, then such delivery shall be deemed to be effective at the next beginning of a COUNTY business day), provided that the sender maintains a machine record of the completed transmission. For all claims arising out of or related to this Agreement, nothing in this section establishes, waives, or modifies any claims presentation requirements or procedures provided by law, including but not limited to the Government Claims Act (Division 3.6 of Title 1 of the Government Code, beginning with section 810). XXIV.GOVERNING LAW: Venue for any action arising out of or related to this Agreement shall only be in Fresno County, California. The rights and obligations of the parties and all interpretation and performance of this Agreement shall be governed in all respects by the laws of the State of California. XXV.DISCLOSURE OF SELF-DEALING TRANSACTIONS: This provision is only applicable if the CONTRACTOR is operating as a corporation (a for-profit or non-profit corporation) or if during the term of the Agreement, the CONTRACTOR changes its status to operate as a corporation. -18- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Members of the CONTRACTOR’s Board of Directors shall disclose any self-dealing transactions that they are a party to while CONTRACTOR is providing goods or performing services under this Agreement. A self-dealing transaction shall mean a transaction to which the CONTRACTOR is a party and in which one or more of its directors has a material financial interest. Members of the Board of Directors shall disclose any self-dealing transactions that they are a party to by completing and signing a Self-Dealing Transaction Disclosure Form, attached hereto as Exhibit B and incorporated herein by reference, and submitting it to the COUNTY prior to commencing with the self-dealing transaction or immediately thereafter. XXVI. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the CONTRACTOR and COUNTY with respect to the subject matter hereof and supersedes all previous Agreement negotiations, proposals, commitments, writings, advertisements, publications, and understandings of any nature whatsoever unless expressly included in this Agreement. XXVII. SEVERABILITY: Should any provision herein be found or deemed to be invalid, this Agreement shall be construed as not containing such provision, and all other provisions which are otherwise lawful shall remain in full force and effect, and to this end the provisions of this Agreement are hereby declared to be severable. /// /// /// /// /// /// /// /// /// /// /// 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth above. J/ennt,7f, 6, Mailing Addre s ,L}o:ev,J rA 956 City , State, nd Zip Code FOR ACCOUNTING USE ONLY : ORG No . 9020 Account No . 7295 Fund No. 0720 Subclass No .15000 -19- Steve Branda Chairman of the Board of Supervisors of the County of Fresno ATTEST: Bernice E . Seidel Clerk of the Board of Supervisors County of Fresno , State of California By ~ktt Deputy Golder Associates Inc. 1000 Enterprise Way, Suite 190, Roseville, California, USA 95678 T: +1 916 786-2424 Golder and the G logo are trademarks of Golder Associates Corporation golder.com October 5, 2020 Proposal No. CX20374269 County of Fresno Purchasing Department Bid Submittal via Public Purchase website. PROPOSAL TO PROVIDE LANDFILL GAS COLLECTION & FLARE SYSTEM OPERATION & MAINTENANCE, SOUTH EAST REGIONAL DISPOSAL SITE, SELMA, CALIFORNIA Golder Associates Inc. (Golder) is pleased to offer this response to the County’s RFQ # 21-006 to perform landfill gas (LFG) collection and flare system operation and maintenance at the South East Regional Disposal Site located at 12716 E. Dinuba Avenue in Selma, California. The scope of services presented below is consistent with the permitting requirements of CalRecycle ( CCR Title 27) and Rule 4642 and the Permit to Operate Number C-706-1-1 issued by the San Joaquin Valley Air Pollution Control District as each relates to the operation of the gas collection and flare system. PROJECT TEAM For the successful completion of this work, Golder will employ an experienced landfill gas team to address issues related to OM&M and compliance at the South East Regional Disposal Site including required monthly, quarterly, and annual tasks. James Moore, Golder’s Senior Landfill Gas Manager for California, will serve as the Project Manager and will oversee all operation, maintenance, and reporting activities. Kris Johnson, Associate, will serve as the Project Director and senior reviewer. Connor Brossart, an environmental engineer, will coordinate and support monitoring activities, compliance reporting, system operation, maintenance, monitoring, troubleshooting, and repair, along with several experienced field technicians. Other Golder staff will be available to assist periodically when needed. All technicians and field support staff are current with their 40-Hour Hazardous Waste Operations and Emergency Response Certification, First Aid/CPR training, and receive training in confined space entry and lock-out/tag-out procedures, in addition to many other Golder safety protocols and Standard Work Procedures. PROJECT APPROACH The O&M work includes collection of accurate and repeatable data, timely evaluation of the data, and communication between field personnel, engineering staff, and the County. The field technician will conduct required monitoring, routine data collection, and periodic system adjustments to maintain effective operation and compliance. The technician will coordinate activities with County personnel, discussing work to be performed and the need for any additional services. All instruments used in the performance of the monitoring activities will meet regulatory requirements and will be routinely calibrated to manufacturers’ specifications. The technician and the assigned reporting staff will communicate to assure that all required compliance data are collected. In addition, the technicians and other Golder staff will adhere to the Golder Health, Safety, and Environment Plan and County health and safety requirements when working onsite. EXCLUDED ACTIVITIES Certain work elements associated with normal facility operation and maintenance are not included as part of the cost estimate for routine monitoring and compliance activities. These work elements include: GOLDER County of Fresno Proposal No. CX20374269 Purchasing Department October 5, 2020 2 Preparation of up-to-date site figures or drawings, Construction, engineering, and air permitting of new facilities or significant re-work for existing facilities Recordkeeping of portable equipment entering, operating, or leaving each site under the California Air Resources Board Portable Equipment Registration Program, and Third party source tests or visible emissions evaluations for control devices Some of these activities can be performed by Golder under the as-needed services task proposed herein as approved by the County. EXCEPTIONS Golder has reviewed the General Requirements and Conditions included in the Landfill Gas Collection & Flare System Operation & Maintenance Request for Quotation and found it to be partially suitable, subject to mutually acceptable amendments and clarifications regarding liability, insurance, warranties and guarantees, and standard of performance. Golder and the County of Fresno have a current, active Consultant Agreement, Agreement No. 17-143 which is valid through April 24, 2021. We propose using the same or similar terms as those already in place between our entities for ease of contracting. We look forward to working with the County in coming to resolution on the terms of a Consultant Agreement. ASSUMPTIONS Golder assumes the LFG technicians are authorized to perform miscellaneous duties as may be requested by site managers/supervisors when they are onsite for the routine operation and maintenance of the LFG system. If the work requested requires effort requiring funding beyond that available in the budget for Task 1 or 2, Golder will discuss such activities with the County and will obtain the County’s approval of the additional cost prior to starting the work. Spare parts for the flare or the collection system, major flare replacement parts, or costs for equipment that is not normally used in the execution of routine system OM&M (as described for Tasks 1 and 2) will be funded by the County. Golder will obtain prior written approval for additional material purchases. Additional support from Golder personnel other than the project team may be required at various times during the year. Such situations will be discussed with the County prior to adding additional staff. No additional permits or licenses beyond those mentioned in this proposal are required to perform the work scope. This proposal has taken into consideration certain efforts required due to the COVID-19 pandemic, but it is acknowledged that the full impacts of the COVID-19 pandemic are still not apparent. The proposed scope of services, cost and schedule do not consider additional potential impacts caused by COVID-19, beyond what has been described in the proposal. Any adjustments required due to any additional impacts to accommodate COVID-19 related concerns (including but not limited to, additional travel restrictions, delays, economic interruption, supply chain issues, or any governmental guidance) will require an equitable adjustment in scope, schedule and cost. All Task 1 and 2 routine operation and maintenance can be completed by a one-man crew; all monitoring and adjustment of extraction wells can be accomplished without entering vaults greater than 4 feet deep. Golder will not take responsibility for the overall quality of the gas collected from the LFG control system regarding trace components and takes no legal responsibility for any of the potential hazards associated with LFG condensate. The County shall be responsible for ensuring that the County and/or Golder staff are the only parties designated to operate or adjust the subject facilities. The County shall notify Golder of any adjustments or changes made to the LFG collection and flare system. GOLDER County of Fresno Proposal No. CX20374269 Purchasing Department October 5, 2020 3 At no time shall title to any hazardous substances, solid wastes, petroleum contaminated substances, or other regulated substances pass to Golder, nor shall any provision of this agreement be interpreted to permit or obligate Golder to assume the status of a “generator”, “transporter”, “operator”, or “treatment, storage, or disposal facility” under state or federal law. The County will provide Golder with available information regarding the manufacturer’s operation and maintenance documents, design engineer operator and maintenance requirements, as-built drawings, and any other applicable regulatory agency operating requirements. Rates for Task 2, Landfill Gas Surface Emission Testing and Reporting assume that each event can be completed in one mobilization. Additional cost may be required if weather conditions or other circumstances beyond Golder’s control require more than one mobilization. Routine services will be conducted during normal work hours, between 8:00 AM and 5:00 PM, Monday through Friday, excluding holidays. The work will be performed in accordance with SWANA’s “A Compilation of Landfill Gas Practices and Procedures”, August 2011. The work will be conducted in OSHA Level D protection (including Hi-Vis safety vest and hardhat). Any additional health and safety requirements may cause an increase in price. The proposed costs for Tasks 1 and 2 are based on non-union, non-prevailing wage scales for all routine operation, monitoring, maintenance, and reporting services. Maintenance performed under Task 1 is limited to inspection and cleaning of existing components and replacement of consumables such as belts. Any construction, repair, or maintenance items as stipulated in the Department of Industrial Relations Labor Code Section 1775 shall be accomplished under Tasks 3 and 4 of this scope and will utilize the prevailing wage labor rates specified in our fee schedule (Appendix C). If you have any comments or questions concerning the scope of work or the cost, please do not hesitate to contact James Moore at (916) 223-7226 or jdmoore@golder.com. Sincerely, Golder Associates Inc. James D. Moore Kenneth Haskell Senior Landfill Gas Manager Partner JDM/KH/jdm Attachments: Appendix A – Filled In and signed RFQ 21-006 Appendix B – Signed Acknowledgement of Addendum Number One to RFQ 21-006 Appendix C - Golder Inc. Schedule of Charges for 2021 Appendix D – Verification of DIR Contractor Registration Appendix E – Verification of Contractor’s License GOLDER G:\Public\RFQ\FY 2020-21\21-006 Landfill Gas Collection & Flare System Operation & Maintenance\21-006 Landfill Gas Collection & Flare System Operation & Maintenance.docx COUNTY OF FRESNO REQUEST FOR QUOTATION NUMBER: 21-006 LANDFILL GAS COLLECTION & FLARE SYSTEM OPERATION & MAINTENANCE Issue Date: September 9, 2020 Closing Date: OCTOBER 5, 2020 AT 2:00 PM All Questions and Responses must be electronically submitted on the Bid Page on Public Purchase. For assistance, contact Chanvathei Lonh at Phone (559) 600-7110. BIDDER TO COMPLETE Undersigned agrees to furnish the commodity or service stipulated in the attached at the prices and terms stated in this RFQ. Bid must be signed and dated by an authorized officer or employee. Except as noted on individual items, the following will apply to all items in the Quotation Schedule: • A cash discount of N/A % days will apply. County does not accept terms less than 15 days. COMPANY CONTACT PERSON ADDRESS CITY STATE ZIP CODE ( ) TELEPHONE NUMBER E-MAIL ADDRESS AUTHORIZED SIGNATURE PRINT NAME TITLE Purchasing Use: CL:st ORG/Requisition: 9020 / 9022100003 Golder Associates Inc. James D. Moore/Senior Landfill Gas Manager 1000 Enterprise Way, Suite 190 Roseville CA 95678 916 223-7226 jdmoore@golder.com Kenneth Haskell Principal N/A Appendix A Quotation No. 21-006 Page 2 G:\PUBLIC\RFQ\FY 2020-21\21-006 LANDFILL GAS COLLECTION & FLARE SYSTEM OPERATION & MAINTENANCE\21-006 LANDFILL GAS COLLECTION & FLARE SYSTEM OPERATION & MAINTENANCE.DOCX TABLE OF CONTENTS PAGE KEY DATES .................................................................................................................... 3 OVERVIEW ..................................................................................................................... 3 BID INSTRUCTIONS ...................................................................................................... 4 GENERAL REQUIREMENTS & CONDITIONS ............................................................... 5 INSURANCE REQUIREMENTS ................................................................................... 14 PARTICIPATION ........................................................................................................... 16 DIR ACKNOWLEDGEMENT ......................................................................................... 16 REFERENCE LIST ........................................................................................................ 17 SCOPE OF WORK ........................................................................................................ 18 QUOTATION SCHEDULE ............................................................................................. 23 CHECK LIST ................................................................................................................. 26 ATTACHMENTS A THROUGH D ................................................................................. 27 Quotation No. 21-006 Page 3 G:\PUBLIC\RFQ\FY 2020-21\21-006 LANDFILL GAS COLLECTION & FLARE SYSTEM OPERATION & MAINTENANCE\21-006 LANDFILL GAS COLLECTION & FLARE SYSTEM OPERATION & MAINTENANCE.DOCX KEY DATES RFQ Issue Date: September 9, 2020 Written Questions for RFQ Due: September 21, 2020 at 10:00 AM Questions must be submitted on the Bid Page at Public Purchase. RFQ Closing Date: October 5, 2020 at 2:00 PM Quotations must be electronically submitted on the Bid Page. Site Inspection: September 14, 2020 at 11:00 AM South East Regional Disposal Site 12716 E. Dinuba Ave. Selma, CA 93662 A mandatory Site Visit will be held on September 14, 2020 at 11:00 AM. Prospective Bidders will meet at South East Regional Disposal Site location. Please contact Song Vang at County of Fresno Public Works & Planning (559) 600-4320 if you are planning to attend. OVERVIEW The County of Fresno is soliciting bids to provide all labor, materials equipment, permits, fees, taxes and insurance etc., to operate and maintain the South East Regional Disposal Site Landfill Gas Collection and Flare System as specified herein. Quotation No. 21-006 Page 4 G:\PUBLIC\RFQ\FY 2020-21\21-006 LANDFILL GAS COLLECTION & FLARE SYSTEM OPERATION & MAINTENANCE\21-006 LANDFILL GAS COLLECTION & FLARE SYSTEM OPERATION & MAINTENANCE.DOCX BID INSTRUCTIONS •Bidders must electronically submit bid package in pdf format, no later than the quotation closing date and time as stated on the front of this document, to the Bid Page on Public Purchase. The County will not be responsible for and will not accept late bids due to slow internet connection or incomplete transmissions. •Bids received after the closing time will NOT be considered. •All quotations shall remain firm for 180 days. •Interpretation: Should any discrepancies or omissions be found in the bid specifications or doubt as to their meaning, the bidder shall notify the Buyer in writing at once. The County shall not be held responsible for verbal interpretations. Questions regarding the bid must be received by Purchasing prior to the date and time stated within this document. All addenda issued shall be in writing, duly issued by Purchasing and incorporated into the contract. •ISSUING AGENT/AUTHORIZED CONTACT: This RFQ has been issued by County of Fresno, Purchasing. Purchasing shall be the vendor’s sole point of contact with regard to the RFQ, its content, and all issues concerning it. All communication regarding this RFQ shall be directed to an authorized representative of County Purchasing. The specific buyer managing this RFQ is identified on the cover page, along with his or her telephone number, and he or she should be the primary point of contact for discussions or information pertaining to the RFQ. Contact with any other County representative, including elected officials, for the purpose of discussing this RFQ, its content, or any other issue concerning it, is prohibited unless authorized by Purchasing. Violation of this clause, by the vendor having unauthorized contact (verbally or in writing) with such other County representatives, may constitute grounds for rejection by Purchasing of the vendor’s quotation. The above stated restriction on vendor contact with County representatives shall apply until the County has awarded a purchase order or contract to a vendor or vendors, except as follows. First, in the event that a vendor initiates a formal protest against the RFQ, such vendor may contact the appropriate individual, or individuals who are managing that protest as outlined in the County’s established protest procedures. All such contact must be in accordance with the sequence set forth under the protest procedures. Second, in the event a public hearing is scheduled before the Board of Supervisors to hear testimony prior to its approval of a purchase order or contract, any vendor may address the Board. •APPEALS: Appeals must be submitted in writing within seven (7) working days after notification of proposed recommendations for award. A “Notice of Award” is not an indication of County’s acceptance of an offer made in response to this RFQ. Appeals shall be submitted to County of Fresno Purchasing, 333 W. Pontiac Way, Clovis, CA 93612 and in Word format to gcornuelle@FresnoCountyCA.gov. Appeals should address only areas regarding RFQ contradictions, procurement errors, proposal rating discrepancies, legality of procurement context, conflict of interest, and inappropriate or unfair competitive procurement grievance regarding the RFQ process. Purchasing will provide a written response to the complainant within seven (7) working days unless the complainant is notified more time is required. If the appealing bidder is not satisfied with the decision of Purchasing, bidder shall have the right to appeal to the County Administrative Office within seven (7) working days after Purchasing’s notification; if the appealing bidder is not satisfied with CAO’s decision, the final appeal is with the Board of Supervisors. Please contact Purchasing if the appeal will be going to the Board of Supervisors. Quotation No. 21-006 Page 5 G:\PUBLIC\RFQ\FY 2020-21\21-006 LANDFILL GAS COLLECTION & FLARE SYSTEM OPERATION & MAINTENANCE\21-006 LANDFILL GAS COLLECTION & FLARE SYSTEM OPERATION & MAINTENANCE.DOCX GENERAL REQUIREMENTS & CONDITIONS LOCAL VENDOR PREFERENCE AND DISABLED VETERAN BUSINESS ENTERPRISE BID PREFERENCE: The Local Vendor Preference and Disabled Veteran Business Enterprise Preference do not apply to this Request for Quotation. DEFINITIONS: The terms Bidder, Proposer, Contractor and Vendor are all used interchangeably and refer to that person, partnership, corporation, organization, agency, etc. which is offering the quotation and is identified on page one of this Request For Quotation (RFQ). INTERPRETATION OF RFQ: Vendors must make careful examination of the requirements, specifications and conditions expressed in the RFQ and fully inform themselves as to the quality and character of services required. If any person planning to submit a quotation finds discrepancies in or omissions from the RFQ or has any doubt as to the true meaning or interpretation, correction thereof may be requested in writing from Purchasing by September 21, 2020 at 10;00 AM, cut-off. Questions must be submitted on the Bid Page at Public Purchase or contact Chanvathei Lonh at (559) 600- 7110. NOTE: Time constraints will prevent County from responding to questions submitted after the cut-off date. Any change in the Request for Quotation will be made by written addendum issued by the County. The County will not be responsible for any other explanations or interpretations. AWARD: Award will be made to the vendor(s) offering the services, products, prices, delivery, equipment and system deemed to be to the best advantage of the County. Past performance (County contracts within the past seven years) and references may factor into awarding of a contract. The County shall be the sole judge in making such determination. Award Notices are tentative: Acceptance of an offer made in response to this RFQ shall occur only upon execution of an agreement by both parties or issuance of a valid written Purchase Order by Fresno County Purchasing. RIGHT TO REJECT BIDS: The County reserves the right to reject any and all bids and to waive informalities or irregularities in bids. Failure to respond to all questions or not to supply the requested information could result in rejection of your quotation. CODES AND REGULATIONS: All work and material to conform to all applicable Federal, State, local and special district building codes, laws, ordinances, and regulations. SALES TAX: Fresno County pays California State Sales Tax in the amount of 8.50% regardless of vendor's place of doing business. TAXES, PERMITS & FEES: The successful bidder shall pay for and include all federal, state and local taxes direct or indirect upon all materials; pay all fees for, and obtain all necessary permits and licenses, unless otherwise specified herein. TAXES, CHARGES AND EXTRAS: A)DO NOT include Federal Excise Tax. County is exempt under Registration No. 94-73-03401-K. B)County is exempt from Federal Transportation Tax. Exemption certificate is not required where shipping papers show consignee as County of Fresno. C)Charges for transportation, containers, packing, etc. will not be paid unless specified in bid. SPECIFICATIONS AND EQUALS: Brand names, where used, are a means of establishing quality and style. Bidders are invited to quote their equals. Alternate offers are to be supported by literature, which fully describes items that you are bidding. No exceptions to or deviations from this specification will be considered unless each exception or deviation is specifically stated by the bidder, in the designated places. If no exceptions or deviations are shown, the ---- Quotation No. 21-006 Page 6 G:\PUBLIC\RFQ\FY 2020-21\21-006 LANDFILL GAS COLLECTION & FLARE SYSTEM OPERATION & MAINTENANCE\21-006 LANDFILL GAS COLLECTION & FLARE SYSTEM OPERATION & MAINTENANCE.DOCX bidder will be required to furnish items exactly as specified herein. The burden of proof of compliance with this specification is the responsibility of the bidder. LITERATURE: Bidders shall submit literature, which fully describes items on which they are bidding, not later than the closing date of this bid. Any and all literature submitted must be stamped with bidders name and address. MERCHANDISE RETURNABLE FOR FULL CREDIT: Bidder agrees to accept for full credit any merchandise sold by him on contract or award resulting from this bid, if returned in good condition by the County. GUARANTEE AGAINST DEFECTS: All items are to carry a full guarantee against defects in materials and workmanship and guarantee against breakage and other malfunctions when performing work for which they are designed. PACKAGING: Each item listed in the bid gives as part of its description the minimum packaging size that the County would order. The County feels it more reasonable to order the successful bidder's standard "carton" sizes; therefore, each bidder is asked to fill in the information for each item. Normally the circumstances resort to minimum package size orders. Be sure to fill in your "standard" carton size on the quotation schedule if different from stated. Quote separate prices on each individual item in County unit of measure (i.e., EA, DZ, PG, not your standard carton price). SAMPLES: On request, samples of the products on which you are bidding shall be made available to the County. County will designate where samples are to be delivered. Successful bidder's samples may be retained for checking against delivery, in which case allowance will be made to vendor. Samples, when required, must be furnished and delivered free and, if not destroyed by tests, will upon written request (within thirty (30) days of bid closing date) be returned at the bidder's expense. In the absence of such notification, County shall have the right to dispose of the samples in whatever manner it deems appropriate. VENDOR ASSISTANCE: Successful bidder shall furnish, at no cost to the County, a representative to assist County departments in determining their product requirements. MINOR DEVIATIONS: The County reserves the right to negotiate minor deviations from the prescribed terms, conditions and requirements with the selected vendor. BIDDERS’ LIABILITIES: County of Fresno will not be held liable for any cost incurred by vendors in responding to the RFQ. PRICE RESPONSIBILITY: The selected vendor will be required to assume full responsibility for all services and activities offered in the quotation, whether or not they are provided directly. Further, the County of Fresno will consider the selected vendor to be the sole point of contact with regard to contractual matters, including payment of any and all charges resulting from the contract. The contractor may not subcontract or transfer the contract, or any right or obligation arising out of the contract, without first having obtained the express written consent of the County. PRICES: Bidder agrees that prices quoted are for the contract period, and in the event of a price decline such lower prices shall be extended to the County of Fresno. Prices shall be quoted F.O.B. destination. CONFIDENTIALITY: Bidders shall not disclose information about the County's business or business practices and safeguard confidential data which vendor staff may have access to in the course of system implementation. NEWS RELEASE: Vendors shall not issue any news releases or otherwise release information to any third party about this RFQ or the vendor's quotation without prior written approval from the County of Fresno. Quotation No. 21-006 Page 7 G:\PUBLIC\RFQ\FY 2020-21\21-006 LANDFILL GAS COLLECTION & FLARE SYSTEM OPERATION & MAINTENANCE\21-006 LANDFILL GAS COLLECTION & FLARE SYSTEM OPERATION & MAINTENANCE.DOCX BACKGROUND REVIEW: The County reserves the right to conduct a background inquiry of each proposer/bidder which may include collection of appropriate criminal history information, contractual and business associations and practices, employment histories and reputation in the business community. By submitting a quotation/bid to the County, the vendor consents to such an inquiry and agrees to make available to the County such books and records the County deems necessary to conduct the inquiry. ADDENDA: In the event that it becomes necessary to revise any part of this RFQ, addenda will be provided to all agencies and organizations that receive the basic RFQ. CONFLICT OF INTEREST: The County shall not contract with, and shall reject any bid or quotation submitted by the persons or entities specified below, unless the Board of Supervisors finds that special circumstances exist which justify the approval of such contract: 1.Employees of the County or public agencies for which the Board of Supervisors is the governing body. 2.Profit-making firms or businesses in which employees described in Subsection (1) serve as officers, principals, partners or major shareholders. 3.Persons who, within the immediately preceding twelve (12) months, came within the provisions of Subsection (1), and who were employees in positions of substantial responsibility in the area of service to be performed by the contract, or participated in any way in developing the contract or its service specifications. 4.Profit-making firms or businesses in which the former employees described in Subsection (3) serve as officers, principals, partners or major shareholders. 5.No County employee whose position in the County enables him to influence the selection of a contractor for this RFQ, or any competing RFQ, and no spouse or economic dependent of such employee, shall be employees in any capacity by a bidder, or have any other direct or indirect financial interest in the selection of a contractor. INVOICING: All invoices are to be delivered in duplicate to Public Works & Planning, Resources Division, Attn: Landfill Operations Manager, 2220 Tulare Street, 6th Floor, Fresno, CA 93721. Reference shall be made to the purchase order/contract number and equipment number if applicable on the invoice. PAYMENT: County will make partial payments for all purchases made under the contract/purchase order and accumulated during the month. Terms of payment will be net forty-five (45) days. County will consider the Bidder’s Cash discount Offer, in lieu of the net forty-five (45) days payment terms. CONTRACT TERM: It is County’s intent to contract with the successful bidder for a term of three (3) years. RENEWAL: Agreement may be renewed for a potential of two (2) one (1) year periods, based on the mutual written consent of all parties. QUANTITIES: Quantities shown in the bid schedule are approximate and the County guarantees no minimum amount. The County reserves the right to increase or decrease quantities. ORDERING: Orders will be placed as required by County of Fresno Public Works and Planning. TERMINATION: The County reserves the right to terminate any resulting contract upon written notice. INDEPENDENT CONTRACTOR: In performance of the work, duties, and obligations assumed by Contractor under any ensuing Agreement, it is mutually understood and agreed that CONTRACTOR, including any and all of Contractor’s officers, agents, and employees will at all times be acting and performing as an independent contractor, and shall act in an independent capacity and not as an officer, agent, servant, employee, joint venturer, partner, or associate of the COUNTY. Furthermore, County shall have no right to control or supervise or direct the manner or method by which Contractor shall perform its work and function. However, County shall retain the right to administer this Agreement so as to verify that Contractor is performing its obligations in accordance with the terms and conditions thereof. Contractor and Quotation No. 21-006 Page 8 G:\PUBLIC\RFQ\FY 2020-21\21-006 LANDFILL GAS COLLECTION & FLARE SYSTEM OPERATION & MAINTENANCE\21-006 LANDFILL GAS COLLECTION & FLARE SYSTEM OPERATION & MAINTENANCE.DOCX County shall comply with all applicable provisions of law and the rules and regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof. Because of its status as an independent contractor, Contractor shall have absolutely no right to employment rights and benefits available to County employees. Contractor shall be solely liable and responsible for providing to, or on behalf of, its employees all legally-required employee benefits. In addition, Contractor shall be solely responsible and save County harmless from all matters relating to payment of Contractor's employees, including compliance with Social Security, withholding, and all other regulations governing such matters. It is acknowledged that during the term of the Agreement, Contractor may be providing services to others unrelated to the County or to the Agreement. SELF-DEALING TRANSACTION DISCLOSURE: Contractor agrees that when operating as a corporation (a for-profit or non-profit corporation), or if during the term of the agreement the Contractor changes its status to operate as a corporation, members of the Contractor’s Board of Directors shall disclose any self-dealing transactions that they are a party to while Contractor is providing goods or performing services under the agreement with the County. A self-dealing transaction shall mean a transaction to which the Contractor is a party and in which one or more of its directors has a material financial interest. Members of the Board of Directors shall disclose any self-dealing transactions that they are a party to by completing and signing a Fresno County Self-Dealing Transaction Disclosure Form and submitting it to the County prior to commencing with the self-dealing transaction or immediately thereafter. HOLD HARMLESS CLAUSE: Contractor agrees to indemnify, save, hold harmless and at County's request, defend the County, its officers, agents and employees, from any and all costs and expenses (including attorney’s fees and costs), damages, liabilities, claims and losses occurring or resulting to County in connection with the performance, or failure to perform, by Contractor, its officers, agents or employees under this Agreement and from any and all costs and expenses (including attorney’s fees and costs), damages, liabilities, claims and losses occurring or resulting to any person, firm or corporation who may be injured or damaged by the performance, or failure to perform, of Contractor, its officers, agents or employees under this Agreement. MATERIALS TO BE NEW: All materials shall be new and of merchantable grade, free from defect. No bid will be considered unless it is accompanied by a complete list of manufacturer's catalog numbers of the items, which the bidder proposes to furnish, together with full descriptive literature on all items so enumerated. If item proposed differs from these specifications, bidder shall present specific explanation of functioning and structural characteristics for those details which differ from the specifications listed herein. SAFETY DATA SHEETS: With the invoice or within twenty-five (25) days of delivery, the seller must provide to the County a Safety Data Sheet for each product, which contains any substance on “The List of 800 Hazardous Substances”, published by the State Director of Industrial Relations. (See Hazardous Substances Information and Training Act, California State Labor Code Sections 6360 through 6399.7.) RECYCLED PRODUCTS/MATERIALS: Vendors are encouraged to provide and quote (with documentation) recycled or recyclable products/materials which meet stated specifications. EXAMINATION OF SITE: Where work is to be performed on County site, each bidder shall have examined the site of work before bidding and shall be responsible for having acquired full knowledge of the job and of all problems affecting it. No variations or allowance from the contract sum will be made because of lack of such examination. DAMAGE TO EXISTING WORK: Damage to existing construction, equipment, planting, etc., by the contractor in the performance of his work shall be replaced or repaired and restored to original condition by the contractor. CLEAN UP: The Contractor shall at all times, keep the premises clean from accumulation of waste materials or rubbish caused by his employees or work and shall remove all resulting work debris from the job site. WATER, POWER & TOILET FACILITIES: Successful bidder may use County owned water, power and toilet facilities at job site (when existing) at no expense to the successful bidder. Successful bidder will be Quotation No. 21-006 Page 9 G:\PUBLIC\RFQ\FY 2020-21\21-006 LANDFILL GAS COLLECTION & FLARE SYSTEM OPERATION & MAINTENANCE\21-006 LANDFILL GAS COLLECTION & FLARE SYSTEM OPERATION & MAINTENANCE.DOCX required, however, to provide piping, fittings and other items as necessary to bring water and power from existing service to job site. COORDINATE WORK WITH OWNER: Successful bidder shall coordinate and schedule the work with the County so that any interruption to the normal business operations be kept to a minimum. INSPECTION: All material and workmanship shall be subject to inspection, examination and test by the County at any and all times during which manufacture and/or construction are carried on. The County shall have the right to reject defective material and workmanship or require its correction. SUPERVISION: The Contractor shall give efficient supervision to the work, using therein the skill and diligence for which he is remunerated in the contract price. He shall carefully inspect the site and study and compare all drawings, specifications and other instructions, as ignorance of any phase of any of the features or conditions affecting the contract will not excuse him from carrying out its provisions to its full intent. STANDARD OF PERFORMANCE: All work shall be performed in a good and workmanlike manner. SAFEGUARDS: The contractor shall provide safeguards, in conformity with all local codes and ordinances as may be required. SB 854: California law (SB854) now requires public works contractors subject to prevailing wage requirements to register annually with the Department of Industrial Relations (DIR) and pay an annual fee. The County of Fresno will not accept public works bids from contractors and subcontractors who have not registered with the DIR and have not met this requirement. Please refer to http://www.dir.ca.gov/Public- Works/PublicWorksSB854.html for more information. This requirement, found in Labor Code Sections 1725.5 and 1770-1777.7, now applies to all public works projects. Contractor must submit verification of DIR registration with their quotation. Failure to submit verification may result in their quotation being considered non-responsive. PREVAILING WAGES: The work to be done on this project will involve the repair, alteration, maintenance, installation, rehabilitation, demolition, construction or reconstruction of public buildings, streets, utilities, and/or other public works. In accordance with Labor Code section 1770, et seq., the Director of the Department of Industrial Relations of the State of California has determined the general prevailing wages rates and employer payments for health and welfare pension, vacation, travel time and subsistence pay as provided for in Section 1773.1, apprenticeship or other training programs authorized by Section 3093, and similar purposes applicable to this public work project. Information pertaining to applicable Prevailing Wage Rates may be found on the website for the State of California – Department of Industrial Relations: http://www.dir.ca.gov/oprl/PWD/index.htm. Information pertaining to applicable prevailing wage rates for apprentices may be found on the website for the State of California – Department of Industrial Relations: http://www.dir.ca.gov/oprl/pwappwage/PWAppWageStart.asp It shall be mandatory upon the Contractor herein and upon any subcontractor to pay not less than the prevailing wage rates, including overtime and holiday rates, to all workers, laborers, or mechanics employed on this public work project, including those workers employed as apprentices. Further, Contractor and each subcontractor shall comply with Labor Code sections 1777.5 and 1777.6 concerning the employment of apprentices. A copy of the above-mentioned prevailing wage rates shall be posted by the Contractor at the job site where it will be available to any interested party. Contractor shall comply with Labor Code section 1775 and forfeit as a penalty to County Two Hundred Dollars ($200.00) for each calendar day or portion thereof, for each worker paid less than the prevailing wage rates for the work or craft in which the worker is employed for any work done under this project by Contractor or by any subcontractor under Contractor in violation of Labor Code section 1770, et seq. In addition to the penalty, the difference between the prevailing wage rates and amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the Contractor or subcontractor. Quotation No. 21-006 Page 10 G:\PUBLIC\RFQ\FY 2020-21\21-006 LANDFILL GAS COLLECTION & FLARE SYSTEM OPERATION & MAINTENANCE\21-006 LANDFILL GAS COLLECTION & FLARE SYSTEM OPERATION & MAINTENANCE.DOCX Contractor and each subcontractor shall keep an accurate record showing the names, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with this public work project. In accordance with Labor Code section 1776, each payroll record shall be certified and verified by a written declaration under penalty of perjury stating that the information within the payroll record is true and correct and that the Contractor or subcontractor complied with the requirements of Labor Code sections 1771, 1811 and 1815 for any work performed by its employees on this public work project. These records shall be open at all reasonable hours to inspection by the County, its officers and agents, and to the representatives of the State of California – Department of Industrial Relations, including but not limited to the Division of Labor Standards Enforcement. PERFORMANCE BOND: The successful bidders may be required to furnish a faithful performance bond. BONDING COMPANY: The company issuing bonds shall be a corporate surety admitted by the California Insurance Commissioner to do business in the State of California with an A.M Best rating of B++ VIII or better. COORDINATION AND COMPLETION: The successful bidder shall contact and meet with the County Coordinator at the job site prior to commencement and completion of any work. Successful bidder shall complete the job as instructed and described in writing by the contract, bid or amendment. Any problem or questions that arise in the scope of work, the County must be contacted and the appropriate written amendment generated. NOTICE TO PROCEED: Following execution of the agreement by both parties (County and Contractor), the County will issue a written Notice to Proceed for the project specified herein. The completion period as defined below, shall commence upon the date that the Notice to Proceed is delivered to the Contractor. GUARANTEE: The successful bidder shall fully guarantee all aspects of the project for the minimum period of one (1) year. Such one (1) year period shall commence upon the date of final acceptance by County. The guarantee shall include but in no way be limited to workmanship, equipment and materials. DISPUTE RESOLUTION: The ensuing contract shall be governed by the laws of the state of California. Any claim which cannot be amicably settled without court action will be litigated in the U.S. District Court for the Eastern District of California in Fresno, CA or in a state court for Fresno County. DEFAULT: In case of default by the selected bidder, the County may procure the services from another source and may recover the loss occasioned thereby from any unpaid balance due the selected bidder, or by any other legal means available to the County. Regardless of F.O.B. point, vendor agrees to bear all risks of loss, injury or destruction to goods and materials ordered herein which occur prior to delivery and such loss, injury or destruction shall not release vendor from any obligation hereunder ASSIGNMENTS: The ensuing proposed contract will provide that the vendor may not assign any payment or portions of payments without prior written consent of the County of Fresno. ASSURANCES: Any contract awarded under this RFQ must be carried out in full compliance with the Civil Rights Act of 1964, the Americans With Disabilities Act of 1990, their subsequent amendments, and any and all other laws protecting the rights of individuals and agencies. The County of Fresno has a zero tolerance for discrimination, implied or expressed, and wants to ensure that policy continues under this RFQ. The contractor must also guarantee that services, or workmanship, provided will be performed in compliance with all applicable local, state, or federal laws and regulations pertinent to the types of services, or project, of the nature required under this RFQ. In addition, the contractor may be required to provide evidence substantiating that their employees have the necessary skills and training to perform the required services or work. OBLIGATIONS OF CONTRACTOR: Contractor warrants on behalf of itself and all subcontractors engaged for the performance of the ensuing contract that only persons authorized to work in the United Quotation No. 21-006 Page 11 G:\PUBLIC\RFQ\FY 2020-21\21-006 LANDFILL GAS COLLECTION & FLARE SYSTEM OPERATION & MAINTENANCE\21-006 LANDFILL GAS COLLECTION & FLARE SYSTEM OPERATION & MAINTENANCE.DOCX States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder. TIE BIDS: With all other factors being equal, the contract shall be awarded to the Fresno County vendor or, if neither or both are Fresno County vendors, the tied vendors will be granted the opportunity to submit new bids or the entire bid may be rejected and re-bid. If the General Requirements of the RFQ state that they are applicable, the provisions of the Fresno County Local Vendor Preference shall take priority over this paragraph. DATA SECURITY: Individuals and/or agencies that enter into a contractual relationship with the County for the purpose of providing services must employ adequate controls and data security measures, both internally and externally to ensure and protect the confidential information and/or data provided to contractor by the County, preventing the potential loss, misappropriation or inadvertent access, viewing, use or disclosure of County data including sensitive or personal client information; abuse of County resources; and/or disruption to County operations. Individuals and/or agencies may not connect to or use County networks/systems via personally owned mobile, wireless or handheld devices unless authorized by County for telecommuting purposes and provide a secure connection; up to date virus protection and mobile devices must have the remote wipe feature enabled. Computers or computer peripherals including mobile storage devices may not be used (County or Contractor device) or brought in for use into the County’s system(s) without prior authorization from County’s Chief Information Officer and/or designee(s). No storage of County’s private, confidential or sensitive data on any hard-disk drive, portable storage device or remote storage installation unless encrypted according to advance encryption standards (AES of 128 bit or higher). The County will immediately be notified of any violations, breaches or potential breaches of security related to County’s confidential information, data and/or data processing equipment which stores or processes County data, internally or externally. County shall provide oversight to Contractor’s response to all incidents arising from a possible breach of security related to County‘s confidential client information. Contractor will be responsible to issue any notification to affected individuals as required by law or as deemed necessary by County in its sole discretion. Contractor will be responsible for all costs incurred as a result of providing the required notification. AUDITS AND RETENTION: The Contractor shall maintain in good and legible condition all books, documents, papers, data files and other records related to its performance under this contract. Such records shall be complete and available to Fresno County, the State of California, the federal government or their duly authorized representatives for the purpose of audit, examination, or copying during the term of the contract and for a period of at least three (3) years following the County's final payment under the contract or until conclusion of any pending matter (e.g., litigation or audit), whichever is later. Such records must be retained in the manner described above until all pending matters are closed. Quotation No. 21-006 Page 12 G:\PUBLIC\RFQ\FY 2020-21\21-006 LANDFILL GAS COLLECTION & FLARE SYSTEM OPERATION & MAINTENANCE\21-006 LANDFILL GAS COLLECTION & FLARE SYSTEM OPERATION & MAINTENANCE.DOCX BIDDER TO COMPLETE: GUARANTEE: The Bidder shall state their written guarantee here: GUARANTEED PICK UP AND/OR DELIVERY: Bidder will be considered in award of bid only if they can guarantee. Enter guarantee on this line (i.e. number of days from receipt of order to delivery): WARRANTY AND SERVICE LOCATION: State the warranty and/or guarantee provisions applicable to this equipment or attach warranty form with your bid. ADDITIONAL ITEMS: The County may require additional items from those in bid schedule. Price list for additional items: A [ ] percent discount from manufacturer's enclosed price list will be allowed on purchases of all additional items. State name of price list, indicate applicable price column and give effective date of price list here: Prices on additional items will be based on successful bidder's firm discount prices from manufacturer's current published price list. Successful bidder will be required to file any new price list that may become effective during the life of the contract with the County of Fresno Purchasing Manager within thirty (30) days of its becoming effective. SUBCONTRACTORS: List all subcontractors that would perform work in excess of one/half of one percent of the total amount of your bid, and state general type of work such subcontractor would be performing. The primary contractor is not relieved of any responsibility by virtue of using a subcontractor: N/A N/A N/A - N/A Throughout the term of this Agreement, Golder shall perform the services required in accordance with generally accepted industry practices. Quotation No. 21-006 Page 13 G:\PUBLIC\RFQ\FY 2020-21\21-006 LANDFILL GAS COLLECTION & FLARE SYSTEM OPERATION & MAINTENANCE\21-006 LANDFILL GAS COLLECTION & FLARE SYSTEM OPERATION & MAINTENANCE.DOCX CONTRACTOR'S LICENSE: Bidder to possess appropriate license for the project in accordance with current regulations/statutes. The bidder shall possess a current State of California contractor’s License, Class A General Engineering or another license class that covers the work to be performed. The proposal must indicate the license held by the bidder, which enables him/her to perform the work. If the license is other than a Class A General Engineering the bidder must explain why his/her license(s) is acceptable. The County will review and determine if acceptable. Number and Class: Date of Issue: Bidder must also submit verification of Contractor’s License from the Department of Consumer Affairs – Contractors’ State License Board. Failure to submit verification may result in bidder’s response being considered non-responsive. Public Contract Code Section 7028.15: Where the State of California requires a Contractor’s license, it is a misdemeanor for any person to submit a bid unless specifically exempted. 754659 A-General Engineering Contractor 9/29/1998 Expiration Date - 5/31/2021 Quotation No. 21-006 Page 14 G:\PUBLIC\RFQ\FY 2020-21\21-006 LANDFILL GAS COLLECTION & FLARE SYSTEM OPERATION & MAINTENANCE\21-006 LANDFILL GAS COLLECTION & FLARE SYSTEM OPERATION & MAINTENANCE.DOCX INSURANCE REQUIREMENTS INSURANCE: Without limiting the County’s right to obtain indemnification from Contractor or any third parties, Contractor, at its sole expense, shall maintain in full force and effect, the following insurance policies or a program of self-insurance, including but not limited to, an insurance pooling arrangement or Joint Powers Agreement (JPA) throughout the term of the Agreement: A.Commercial General Liability: Commercial General Liability Insurance with limits of not less than Two Million Dollars ($2,000,000.00) per occurrence and an annual aggregate of Four Million Dollars ($4,000,000.00). This policy shall be issued on a per occurrence basis. County may require specific coverage including completed operations, product liability, contractual liability, Explosion-Collapse- Underground, fire legal liability or any other liability insurance deemed necessary because of the nature of the contract. B.Automobile Liability: Comprehensive Automobile Liability Insurance with limits of not less than One Million Dollars ($1,000,000.00) per accident for bodily injury and for property damages. Coverage should include any auto used in connection with this Agreement. C.Professional Liability: If Contractor employs licensed professional staff, (e.g., Ph.D., R.N., L.C.S.W., M.F.C.C.) in providing services, Professional Liability Insurance with limits of not less than One Million Dollars ($1,000,000.00) per occurrence, Three Million Dollars ($3,000,000.00) annual aggregate. This coverage shall be issued on a per claim basis. Contractor agrees that it shall maintain, at its sole expense, in full force and effect for a period of three years following the termination of this Agreement, one or more policies of professional liability insurance with limits of coverage as specified herein. D.Worker's Compensation: A policy of Worker's Compensation insurance as may be required by the California Labor Code. Additional Requirements Relating to Insurance: Contractor shall obtain endorsements to the Commercial General Liability insurance naming the County of Fresno, its officers, agents, and employees, individually and collectively, as additional insured, but only insofar as the operations under this Agreement are concerned. Such coverage for additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained by County, its officers, agents and employees shall be excess only and not contributing with insurance provided under Contractor's policies herein. This insurance shall not be cancelled or changed without a minimum of thirty (30) days advance written notice given to County. Contractor hereby waives its right to recover from County, its officers, agents, and employees any amounts paid by the policy of worker’s compensation insurance required by this Agreement. Contractor is solely responsible to obtain any endorsement to such policy that may be necessary to accomplish such waiver of subrogation, but Contractor’s waiver of subrogation under this paragraph is effective whether or not Contractor obtains such an endorsement. Within thirty (30) days from the date Contractor executes this Agreement, Contractor shall provide certificates of insurance and endorsement as stated above for all of the foregoing policies, as required herein, to the County of Fresno, Public Works and Planning – Resources Division, Attn: Landfill Operations Manager, 2220 Tulare Street, 6th Floor, Fresno, CA 93721, stating that such insurance coverage have been obtained and are in full force; that the County of Fresno, its officers, agents and employees will not be responsible for any premiums on the policies; that such Commercial General Liability insurance names the County of Fresno, its officers, agents and employees, individually and collectively, as additional insured, but only insofar as the operations under this Agreement are concerned; that such coverage for additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained by County, its officers, agents and employees, shall be excess only and not contributing with insurance provided under Contractor's policies herein; and that this insurance shall not be cancelled or changed without a minimum of thirty (30) days advance, written notice given to County. Quotation No. 21-006 Page 15 G:\PUBLIC\RFQ\FY 2020-21\21-006 LANDFILL GAS COLLECTION & FLARE SYSTEM OPERATION & MAINTENANCE\21-006 LANDFILL GAS COLLECTION & FLARE SYSTEM OPERATION & MAINTENANCE.DOCX In the event Contractor fails to keep in effect at all times insurance coverage as herein provided, the County may, in addition to other remedies it may have, suspend or terminate this Agreement upon the occurrence of such event. All policies shall be with admitted insurers licensed to do business in the State of California. Insurance purchased shall be purchased from companies possessing a current A.M. Best, Inc. rating of A FSC VII or better. Quotation No. 21-006 Page 16 G:\PUBLIC\RFQ\FY 2020-21\21-006 LANDFILL GAS COLLECTION & FLARE SYSTEM OPERATION & MAINTENANCE\21-006 LANDFILL GAS COLLECTION & FLARE SYSTEM OPERATION & MAINTENANCE.DOCX BIDDER TO COMPLETE THE FOLLOWING: PARTICIPATION The County of Fresno is a member of the Central Valley Purchasing Group. This group consists of Fresno, Kern, Kings, and Tulare Counties and all governmental, tax supported agencies within these counties. Whenever possible, these and other tax supported agencies co-op (piggyback) on contracts put in place by one of the other agencies. Any agency choosing to avail itself of this opportunity, will make purchases in their own name, make payment directly to the contractor, be liable to the contractor and vice versa, per the terms of the original contract, all the while holding the County of Fresno harmless. If awarded this contract, please indicate whether you would extend the same terms and conditions to all tax supported agencies within this group as you are proposing to extend to Fresno County. Yes, we will extend contract terms and conditions to all qualified agencies within the Central Valley Purchasing Group and other tax supported agencies. No, we will not extend contract terms to any agency other than the County of Fresno. (Authorized Signature) Title DIR ACKNOWLEDGEMENT I acknowledge in accordance with labor Code Sections 1725.5 and 1770-1777.7, that I have registered with the Department of Industrial Relations (DIR) and all Certified Payroll Records will be uploaded to the DIR Website. Any additional requirements that materialize from the SB854 legislation will be complied with. Attached is verification of the DIR registration. (Authorized Signature) Title DIR Number X Senior Landfill Gas Manager Senior Landfill Gas Manager 1000032336 • • Quotation No. 21-006 Page 17 G:\PUBLIC\RFQ\FY 2020-21\21-006 LANDFILL GAS COLLECTION & FLARE SYSTEM OPERATION & MAINTENANCE\21-006 LANDFILL GAS COLLECTION & FLARE SYSTEM OPERATION & MAINTENANCE.DOCX VENDOR MUST COMPLETE AND RETURN WITH REQUEST FOR QUOTATION. Firm: REFERENCE LIST Provide a list of at least five (5) customers for whom you have recently provided similar products/services. If you have held a contract for similar services with the County of Fresno within the past seven (7) years, list the County as one of your customers. Please list the person most familiar with your contract. Be sure to include all requested information. Reference Name: Contact: Address: City: State: Zip: Phone No.: ( ) Date: Service Provided: Reference Name: Contact: Address: City: State: Zip: Phone No.: ( ) Date: Service Provided: Reference Name: Contact: Address: City: State: Zip: Phone No.: ( ) Date: Service Provided: Reference Name: Contact: Address: City: State: Zip: Phone No.: ( ) Date: Service Provided: Reference Name: Contact: Address: City: State: Zip: Phone No.: ( ) Date: Service Provided: Failure to provide a list of at least five (5) customers may be cause for rejection of this RFQ. Golder Associates Inc. Napa Vallejo WMA Rich Luthy 1194 3rd Street, Room 101 Napa CA 94559 707 299-1314 2008 to PresentOperation, monitoring, and maintenance of the landfill gas collection and control system, compliance reporting, and non-routine repairs. Recology Pacheco Pass Chris Gibson 408 961-1242 2014 to Present Operation, monitoring, and maintenance of the landfill gas collection and control system, leachate collection system operation and maintenance, compliance reporting, and non-routine repairs. 1675 Rogers Avenue San Jose CA 95112 Clover Flat Landfill, Inc.Kano Galindo P.O. Box 382St. Helena CA 94574 707 227-0583 2013 to PresentOperation, monitoring, and maintenance of the landfill gas collection and control system, leachate collection system operation and maintenance, compliance reporting, and non-routine repairs City of San Jose Geoff Blair 2017 to Present 200 E. Santa Clara Street, 10th Floor San Jose CA 95113 408 975-2576 compliance reporting, and non-routine repairs Operation, monitoring, and maintenance of the landfill gas collection and control system, County of Butte, Neal Road LF Eric Miller 2012 to Present530879-2351 7 County Center Drive Oroville CA 95695 Operation, monitoring, and maintenance of the landfill gas collection and control system, compliance reporting, and non-routine repairs. Quotation No. 21-006 Page 18 G:\PUBLIC\RFQ\FY 2020-21\21-006 LANDFILL GAS COLLECTION & FLARE SYSTEM OPERATION & MAINTENANCE\21-006 LANDFILL GAS COLLECTION & FLARE SYSTEM OPERATION & MAINTENANCE.DOCX SCOPE OF WORK Southeast Regional Disposal Site Landfill Gas Collection and Flare System Support Services The County of Fresno - Public Works and Planning Department is requesting quotations for the following work to be performed at the Southeast Regional Disposal Site (SERDS). The site is located approximately one mile southwest of the City of Parlier, at the corner of Academy and Dinuba Avenues, and occupies some 132 acres (Attachment A). Of this total, only 72 acres were used for waste disposal. The landfill gas collection and control system (LFGCCS) is comprised of a candlestick (open) flare blower system, 87 landfill gas extraction wells, high density polyethylene (HDPE) conveyance piping, valves and other appurtenances. A site map is depicted in Attachment B. The site stopped receiving waste in 1990, and final closure construction was completed during 1998. The County is seeking a contractor to provide the labor, equipment, instrumentation, and materials to operate and maintain the landfill gas collection and flare system. The chosen contractor must hold and maintain a valid California contractor’s license and demonstrate experience by listing references for operation of three similar systems within the last three years. All work will be performed on a time and materials basis, according to the current rate schedule to be submitted by the contractor and made a part of the final agreement for service. Surface Emission Monitoring (SEM) is currently conducted annually with a grid spacing of 100 feet and a CH4 emission threshold of 1,000 ppmv in accordance with PTO C-706-1-1 (Attachment C) and San Joaquin Valley Air Pollution Control District (SJVAPCD) Rule 4642 section 6.1 (Attachment D). The work will be divided into the following tasks: TASK 1 - Routine landfill gas system operation, monitoring, and maintenance TASK 2 - Landfill gas surface emissions testing and reporting TASK 3 - Non-routine scheduled maintenance TASK 4 - Emergency maintenance TASK 5 - Consultation / regulatory agency response TASK 1 and TASK 2 should be quoted based on the frequencies detailed in the following paragraphs. TASK 3, TASK 4 and TASK 5 will be established as not to exceed items in the agreement based on the contractor’s hourly rate schedule and material costs. TASK 1 - Routine Landfill gas system operation, monitoring, and maintenance will include as a minimum the following services: Quotation No. 21-006 Page 19 G:\PUBLIC\RFQ\FY 2020-21\21-006 LANDFILL GAS COLLECTION & FLARE SYSTEM OPERATION & MAINTENANCE\21-006 LANDFILL GAS COLLECTION & FLARE SYSTEM OPERATION & MAINTENANCE.DOCX I.Operation A.Monthly Landfill gas extraction wells and the blower/flare station total flow will be adjusted as required to control landfill gas migration and optimize system performance. The intent is to maintain methane gas levels below five percent by volume at the property boundaries and surface emissions below 1000 parts per million. II.Monitoring A.Monthly The blower/flare station will be inspected, and the following data will be collected and recorded in a database: •Date, time, and name of monitoring personnel •Meteorological conditions (wind velocity, ambient temperature, barometric pressure, general weather observations, etc.,) •Extraction blower operating inlet and outlet temperatures and pressures •Methane, oxygen, and carbon dioxide gas concentrations at the flare inlet •Landfill gas flow rate to flare •Flow control valve positions Landfill gas extraction wells will be monitored. Extraction wells adjusted in response to system balancing activities will be re-inspected within two weeks. Data will be collected and recorded for the following during monthly monitoring and during any re-inspections: •Date, time, well number, and name of monitoring personnel •Meteorological conditions (wind velocity, ambient temperature, barometric pressure, general weather observations, etc.,) •Pressure •Methane, oxygen, and carbon dioxide concentrations •Wellhead vacuum and flow (where applicable) •Header vacuum (where applicable) •Landfill gas temperature Quotation No. 21-006 Page 20 G:\PUBLIC\RFQ\FY 2020-21\21-006 LANDFILL GAS COLLECTION & FLARE SYSTEM OPERATION & MAINTENANCE\21-006 LANDFILL GAS COLLECTION & FLARE SYSTEM OPERATION & MAINTENANCE.DOCX Where applicable, main header line access ports will be tested for pressure. These results should also be recorded in a database and analyzed for trends indicating possible condensate blockages and/or pipe breakages, etc. Landfill gas control system blowers, flame arresters, flares, control panel, well fields, and other site features will be observed and recorded for the following: •Accessibility •Vandalism •Malfunctions/Leaks B.Quarterly Once each quarter, on-site structures will be monitored in accordance with Sections 20931 through 20933, Title 27 of the California Code of Regulations (CCR). The contractor will document the testing protocols followed, instrument calibration procedures, and any locations where methane readings equal to or in excess of 1.25 percent by volume in air are found. Should such locations be found, the contractor shall immediately notify Fresno County. In addition the following data shall be recorded: •Date, time, name of monitoring personnel, and location of reading •Meteorological conditions (wind velocity, ambient temperature, barometric pressure, general weather observations, etc.,) •Methane gas concentration •Oxygen gas concentration III.Maintenance A.Monthly •Drain/purge water/condensate traps •Test alarm signals (telemetry system) •Lubricate blower and electric motors in accordance with the manufacturer’s specifications •Inspect blower drive belts and replace as necessary B.Quarterly •Inspect flame arrester and steam clean flame arrester cartridge •Inspect burner head, clean if necessary •Inspect pilot, clean if necessary Quotation No. 21-006 Page 21 G:\PUBLIC\RFQ\FY 2020-21\21-006 LANDFILL GAS COLLECTION & FLARE SYSTEM OPERATION & MAINTENANCE\21-006 LANDFILL GAS COLLECTION & FLARE SYSTEM OPERATION & MAINTENANCE.DOCX C.Annually •Clean burner head and pilot •Check all piping systems for corrosion •At project inception and annually thereafter, prepare and inventory a list of critical spare parts (methane sensors, electrical fuses, sample ports, etc.) IV.Reporting A.Monthly Once each month (due by the end of the following month) the contractor will prepare a detailed report containing the data collected, and a summary of all activities performed at the site during the reporting period. Maintenance repairs and/or system modifications will also be recommended as required. TASK 2 – Landfill Gas Surface Emission Testing and Reporting I. Testing – Annually Surface emissions testing will be conducted in accordance with PTO C-706-1-1 (Attachment C) and SJVAPCD Rule 4642, section 6.1 (Attachment D). II. Reporting – Annually After the testing event, a report will be prepared and submitted to Fresno County within 30 days of the Surface Emission Monitoring (SEM). The report will detail equipment calibration procedures, sample locations, and results of emissions testing along with any recommendations for further action in addition to all applicable reporting requirements contained in Rule 4642. TASK 3 - Non-routine Scheduled Maintenance Non-routine scheduled maintenance consists of corrective repair or maintenance work identified by the contractor during regular site visits or by Fresno County staff. Non routine maintenance may include, but is not limited to the following: •Remediating and testing of leaks in excess of 1,000 ppm of methane at the landfill surface or along the gas transfer path •Raising of wellheads, lateral, or header lines •Repairing or replacing non-functional extraction wells, lateral or header lines •Repairing or replacing sample or access ports on extraction wells, lateral or header lines •Assisting with SJVAPCD or other regulatory agency site inspections Quotation No. 21-006 Page 22 G:\PUBLIC\RFQ\FY 2020-21\21-006 LANDFILL GAS COLLECTION & FLARE SYSTEM OPERATION & MAINTENANCE\21-006 LANDFILL GAS COLLECTION & FLARE SYSTEM OPERATION & MAINTENANCE.DOCX Work performed under TASK 3 is essential for proper landfill gas system operation; however, it is considered work that can be scheduled to allow for procurement of materials or equipment or assignment of personnel. A “not to exceed” quote shall be provided by the contractor to the County for all non- routine scheduled maintenance and work shall only be performed after written authorization from the County to the contractor. TASK 4 - Emergency Maintenance Emergency maintenance is required to provide immediate response to protect life, property, and the environment or to restore system operations. These events may include, but are not limited to: •Emergency requests due to site telemetry alarms or at request of County staff •Loss of gas flow or flare ignition •Odor complaints •Repair of main header lines (due to loss of gas flow to blower/flare station) •Notification to SJVAPCD of system shutdowns or failures Due to the nature of these items, repairs may have to be initiated as needed, 24 hours per day, 7 days a week, and 365 days per year. A “not to exceed” quote shall be provided by the contractor to the County for all emergency maintenance work. Emergency maintenance shall only be performed after verbal authorization from Fresno County staff, to be followed by a written authorization confirmation. TASK 5 - Consultation / Regulatory Agency Response The Consultation / Regulatory Agency Response (TASK 5) scope of work may include; but is not limited to the following: •Analysis of SERDS to determine applicability of regulations (existing or proposed) to the site. •Responses and/or comments prepared on behalf of the County to be submitted to a regulatory agency regarding SERDS. •Petitions prepared on behalf of the County to be submitted to a regulatory agency regarding SERDS. A “not to exceed” quote shall be provided by the contractor to the County for all consultation / agency response work. Consultation / agency response work shall only be performed after written authorization from the County to the contractor. Quotation No. 21-006 Page 23 G:\PUBLIC\RFQ\FY 2020-21\21-006 LANDFILL GAS COLLECTION & FLARE SYSTEM OPERATION & MAINTENANCE\21-006 LANDFILL GAS COLLECTION & FLARE SYSTEM OPERATION & MAINTENANCE.DOCX QUOTATION SCHEDULE COMPANY: 1.All labor, materials, equipment, service fees, taxes, travel, permits, etc. to provide all work and associated services to perform TASK 1 and TASK 2 as specified under this Request for Quotation. A.TASK 1 – ROUTINE LANDFILL GAS SYSTEM OPERATION, MONITORING, AND MAINTENANCE TOTAL ANNUAL FEE Operation (monthly) $ x 12 = $ Monthly Rate Monitoring (monthly) $ x 12 = $ Monthly Rate Monitoring (quarterly) $ x 4 = $ Quarterly Rate Maintenance (monthly) $ x 12 = $ Monthly Rate Maintenance (quarterly) $ x 4 = $ Quarterly Rate Maintenance (annually) $ x 1 = $ Annual Rate Reporting (monthly) $ x 12 = $ Monthly Rate TOTAL FEES ONE YEAR - TASK 1 $ Golder Associates, Inc. 100 1,200 1,050 12,600 100 400 100 400 100 400 200 200 500 6,000 21,200 Quotation No. 21-006 Page 24 G:\PUBLIC\RFQ\FY 2020-21\21-006 LANDFILL GAS COLLECTION & FLARE SYSTEM OPERATION & MAINTENANCE\21-006 LANDFILL GAS COLLECTION & FLARE SYSTEM OPERATION & MAINTENANCE.DOCX QUOTATION SCHEDULE (CONT’D.) COMPANY: B.TASK 2 – LANDFILL GAS SURFACE EMISSONS TESTING AND REPORTING Testing (annual) $ x 1 = $ Annual Rate Reporting (annual) $ x 1 = $ Annual Rate TOTAL FEES ONE YEAR - TASK 2 $ Summary - TOTAL FEES TOTAL FEES ONE YEAR - TASK 1 AND TASK 2 $ 2.TASK 3 - NON-ROUTINE SCHEDULED MAINTENANCE Non-Routine scheduled maintenance will be provided as needed and will be based on the Contractor’s proposed scope of work and proposed cost to complete the project. All such proposals shall be submitted to the County in advance of performing any services. The contractor will perform services only after receiving written acceptance of the proposal by the County. Contractor proposal shall be itemized. The bidder shall provide his/her labor rates and methods used to determine proposal pricing for equipment, services, material, parts, etc. A.Hourly Rates State straight time and overtime rates for all potential personnel classifications that may be used in performing work as described under TASK 3. Explain when overtime rates will apply. B.Equipment / Parts / Materials State method(s) for determining cost to County for equipment, parts, materials, etc. used in performing TASK 3 projects. (i.e. discounts from a published price list(s), cost plus, etc.). C.Outside Services State method for determining cost to County for all services rendered by a third party for work performed under TASK 3. 3.TASK 4 - EMERGENCY MAINTENANCE Emergency maintenance will be performed immediately upon instruction of the County. An advance written proposal from the Contractor will not be required. An itemized invoice will be required upon completion of each project performed under TASK 4. The bidder shall state his/her labor rates and methods used to determined pricing for equipment, services, materials, parts, etc. when performing work under TASK 4. Golder Associates, Inc. 1,800 1,800 600 600 2,400 23,600 Quotation No. 21-006 Page 25 G:\PUBLIC\RFQ\FY 2020-21\21-006 LANDFILL GAS COLLECTION & FLARE SYSTEM OPERATION & MAINTENANCE\21-006 LANDFILL GAS COLLECTION & FLARE SYSTEM OPERATION & MAINTENANCE.DOCX A.Hourly Rates State straight time and overtime rates for all potential personnel classifications that may be used in performing work as described under TASK 4. Explain when overtime rates will apply. B.Equipment / Parts / Materials State method(s) for determining cost to County for equipment, parts, materials, etc. used in performing TASK 4 projects. (i.e. discount(s) from a published price list(s), cost plus, etc.). C.Outside Services State method for determining cost to County for all services rendered by a third party for work performed under TASK 4. 4.TASK 5 - CONSULTATION / REGULATORY AGENCY RESPONSE Consultation / regulatory agency response will be provided as needed and will be based on the Contractor’s proposed scope of work and proposed cost to complete the project. All such proposals shall be submitted to the County in advance of performing any services. The contractor will perform services only after receiving written acceptance of the proposal by the County. Contractor proposal shall be itemized. Quotation No. 21-006 Page 26 G:\PUBLIC\RFQ\FY 2020-21\21-006 LANDFILL GAS COLLECTION & FLARE SYSTEM OPERATION & MAINTENANCE\21-006 LANDFILL GAS COLLECTION & FLARE SYSTEM OPERATION & MAINTENANCE.DOCX CHECK LIST This Checklist is provided to assist the vendors in the preparation of their bid response. Included in this list, are important requirements and is the responsibility of the bidder to submit with the bid package in order to make the bid compliant. Because this checklist is just a guideline, the bidder must read and comply with the bid in its entirety. Check off each of the following: 1.The Request for Quotation (RFQ) has been signed and completed. 2.Addenda, if any, have been signed and included in the bid package. 3.The completed Reference List as provided with this RFQ. 4.The Quotation Schedule as provided with this RFQ has been completed, price reviewed for accuracy and any corrections initialed. 5.Indicate all of bidder exceptions to the County’s requirements, conditions and specifications as stated within this RFQ. 6.The Participation page as provided within this RFQ has been signed and included 7.Bidder to Complete page as provided with this RFQ. 8.Verification of Department of Industrial Relations Contractor Registration. 9.Verification of Contractor’s License and the Department of Consumer Affairs – Contractors’ State License Board. 10.Return checklist with RFQ response. 11.Completed RFQ in pdf format, electronically submitted to the Bid Page on Public Purchase. X X X X X X X X X X X Quotation No. 21-006 Page 27 G:\PUBLIC\RFQ\FY 2020-21\21-006 LANDFILL GAS COLLECTION & FLARE SYSTEM OPERATION & MAINTENANCE\21-006 LANDFILL GAS COLLECTION & FLARE SYSTEM OPERATION & MAINTENANCE.DOCX ATTACHMENTS A THROUGH D RFQ 21-006 ATTACHMENT A DESIGNED DRAWN CHECKED LOCATION MAP DATE J. EDELL 10/21 J. EDELL 10/21 SERDS SCALE DRAWING NO. NONE w L1-J > > <( VE. < <t _J d w 'o/ < I i5 f- s w OJ MAP LEGEND 1<"x"xx":1 SOUTH EAST REGIONAL ~ DISPOSAL SITE BOUNDARY w a w > '2~'. < L.d > m 0::: <( ~ o.' P,1\RUER AVE. MANNING A E. D!NUBA AVE. SERDS lJJ > < HUNTSMAN AVE. FWSE AVE. DEPARTMENT OF PUBLIC WORl<S AND PLANNING SOUTH EAST REGIONAL DISPOSAL SITE: (SE:RDS) RFQ 21-006 ATTACHMENT BGP-1 1-:=:;::=~~~~~==~;;;;;~~~;;;~jt,:~~;;;;:-;;;;;;;;;;;:;;;;;;;;;;;;;:;;;;~~;;;;;;;;;;;;;;;;;;:;;;;;;;;;;~_:-~~==;;;;;;;;;;;;;~ffi'7111 GW MW-1 GP-7 GP-5 GP-16 LEW "A" I I ) LEW "B" L LEGEND 0 E-18 © LEACHATE EXTRACTION WELL @ GAS PROBE MONITORING WELL @ GROUNDWATER MONITORING WELL (@ EXTRACTION WATER WELL o GAS EXTRACTION WELL 100 0 200 400 ~,J : : SCALE DATE DRAWN BY: Aerial Photomapping Services 5/31 /02 SITE MAP EDITED BY: Randy Gash 1 /25/1 0 REVISED GP-17 GP-14 SOUTH EAST E-10 0 Limit of Refuse Borrow Pit j I ~~~=======================:~==========~~ i I 22· ACCESS GATE I w G-7 SCALE S-1 LEW REGIONAL FLARE SYSTEM SCALE HOUSE ___,J1-------\ South Sprinkler Field GP-20 GP-19 =:) z w ~ >-L w 0 <r: u <r: ENTRANCE DINUBA AVENUE DISPOSAL DEPARTMENT OF PUBLIC WORKS &:-PLANNING RESOURCES DIVISION SCALE 1" 200' RFQ 21-006 ATTACHMENT CII San Joaquin Valley -AIR POLLUTION CONTROL DISTRICT ~ HEALTHY AIR LIVING™ Permit to Operate FACILITY: C-706 LEGAL OWNER OR OPERATOR: MAILING ADDRESS: FACILITY LOCATION: FACILITY DESCRIPTION: EXPIRATION DATE: 12/31/2020 FRESNO COUNTY PUBLIC WORKS 2220 TULARE ST, 6TH FLOOR ATTN: RESOURCES MANAGER FRESNO, CA 93721 12716 E DINUBA AVE (LANDFILL FLARE) SELMA, CA 93662 WASTE DISPOSAL The Facility's Permit to Operate may include Facility-wide Requirements as well as requirements that apply to specific permit units. This Permit to Operate remains valid through the permit expiration date listed above, subject to payment of annual permit fees and compliance with permit conditions and all applicable local, state, and federal regulations. This permit is valid only at the location specified above, and becomes void upon any transfer of ownership or location . Any modification of the equipment or operation, as defined in District Rule 2201, will require prior District approval. This permit shall be posted as prescribed in District Rule 2010. Seyed Sadredin Arnaud Marjollet Executive Director I APCO Director of Permit Services Od 22 2015 7:48AM-JOYT Central Regional Office • 1990 E. Gettysburg Ave. • Fresno, CA 93726 • (559) 230-5900 • Fax (559) 230-6061 RFQ 21-006 ATTACHMENT C San Joaquin Valley Air Pollution Control District PERMIT UNIT: C-706-1-1 EXPIRATION DATE: 12/31/2020 EQUIPMENT DESCRIPTION: 19 .6 MMBTU/HR MCGILL SIN 1667-1 ELEVATED GAS FLARE, 6"0 X 15 'H, WITH PILOT ASSEMBLY, INTERNAL FLAME ARRESTOR, AND IGNITION PANEL ASSEMBLY PERMIT UNIT REQUIREMENTS 1. All equipment shall be maintained in good operating condition and shall be operated in a manner to minimize emissions of air contaminants into the atmosphere. [District Rule 2201] 2 . No air contaminant shall be released into the atmosphere which causes a public nuisance . [District Rule 4102] 3. Particulate matter emissions shall not exceed 0.1 grains /dscf in concentration . [District Rule 4201] 4. No air contaminant shall be discharged into the atmosphere for a period or periods aggregating more than three minutes in any one hour which is as dark as, or darker than, Ringelmann 1 or 20% opacity . [District Rule 4101] 5 . The gas collection system shall be operated such that the surface emission testing concentration of total organic compounds (as eH4) shall not exceed 1000 ppmv at any point on the surface of the solid waste disposa l site or along the gas transfer path of the gas collection system. [District Rule 4642] 6 . Sampling ports shall be installed on each well head. [District Rule 4642] 7. Gas collection system shall be operated in a manner which maximizes the amount of landfill gas extracted while preventing overdraw that can cause fires or damage the gas collection system . [District Rule 4642] 8. Landfill gas collection system shall be equipped with a control device having voe destruction efficiency of at least 90% by weight, or reduce the voe concentration (measured as methane) to 30 ppmv @ 3% 02. [District Rule 4642] 9. Excavated solid waste shall be covered using fresh soil , plastic sheeting , or vapor retarding foam as necessary to prevent odorous emissions and to minimize the release of landfill gas. [District Rule 4642] 10. Maintenance is defined as any work performed on the gas collection system and/or control device in order to ensure continued compliance with District rules, regulations, and /or Permits to Operate, and to prevent its failure or malfunction. [District Rule 4642] 11. The permittee shall notify the APeO by telephone at least 24 hours before performing any maintenance work that requires the system to be shutdown. The notification shall include a description of work, the date work will be performed and the amount of time needed to complete the maintenance work. [District Rule 4642] 12 . During maintenance of the gas collection system or incineration device , emissions oflandfill gas shall be minimized during shutdown . [District Rule 4642] 13 . The landfill gas collection system and /or control device shall not be shut down for more than 144 cumulative hours for maintenance in any calendar year . [District Rule 4642] 14 . Prior to testing of surface emissions , the operator shall submit a written Surface Emissions Testing Protocol for approval by the APeO . [District Rule 4642] 15 . Permittee shall maintain records of surface emissions test including: date and time , weather conditions , including precipitation records , areas sampled, calibration records , and test results . [District Rule 4642] PERMIT UNIT REQUIREMENTS CONTINUE ON NEXT PAGE These terms and conditions are part of the Facility-wide Permit to Operate. Facility Name : FRESNO COUNTY PUBLIC WORKS Location : 12716 E DINUBA AVE (LANDFILL FLARE),SELMA , CA 93662 C-706-1-1 ;Od222015 7:48AM-JOYT RFQ 21-006 ATTACHMENT C Permit Unit Requirements for C-706-1 -1 (continued) Page 2 of 2 16 . Permittee shall maintain dail y records of landfill gas flow rate to any control device(s). [District Rule 4642] 17. Permittee shall maintain records of maintenance related or other collection system and control device downtime , including individual well shutdown. [District Rule 4642] 18. Surface emission testing shall be performed once every six month period per calendar year. Upon completion of two consecutive semi-annual tests without an exceedance of the 1000 ppmv standard, other than non-repeatable , momentary readings, testing may be reduced to once every calendar year. [District Rule 4642] 19 . Records shall be kept for at least five years and made available within 24 hours upon request from the District. [District Rule 1070] These terms and conditions are part of the Facility-wide Permit to Operate. Facility Name : FRESNO COUNTY PUBLIC WORKS Location : 12716 E DINUBA AVE (LANDFILL FLARE),SELMA , CA 93662 C-706 -1-1 :Oct222015 7:48AM-JOYT SJVUAPCD 4642 - 1 4/16/98 RULE 4642 SOLID WASTE DISPOSAL SITES (Adopted July 20, 1995; Amended April 16, 1998) 1.0 Purpose The purpose of this rule is to reduce volatile organic compound (VOC) emissions from solid waste disposal sites. 2.0 Applicability The provisions of this rule apply to any solid waste disposal sites which has a gas collection system and/or control device in operation, or undergoing maintenance or repair. 3.0 Definitions 3.1 Control Device: any equipment which disposes of the collected gas through combustion, on-site gas treatment and subsequent sale, sale and processing off-site, or other equivalent methods. 3.2 Active Disposal Area: An area in a landfill that has not been closed pursuant to California Code of Regulations Title 14, Chapter 3, Article 7.8 and Title 23, Chapter 15, Article 8. 3.3 Destruction Efficiency: a measure of the efficiency of the control device to combust, transform, or otherwise prevent the emissions of VOC-containing landfill gases to the atmosphere. 3.4 Enclosed Flare: a flare which is composed of multiple gas burners that are grouped in an enclosure, and are staged to operate at a wide range of flow rates. The basic elements of an enclosed flare system are described in the California Air Resources Board’s Suggested Control Measure for Landfill Gas Emissions, Appendix E, Section C.1, dated September 13, 1990. 3.5 Energy Recovery Device: any combustion device which uses landfill gas to produce energy in the form of steam or electricity, including, but not limited to, gas turbines, internal combustion engines and boilers. 3.6 Gas Collection System: any device which employs mechanical blowers or compressors to create a pressure gradient and extract landfill gas. 3.7 Hazardous Waste: defined in California Code of Regulation Title 14, Division 7, Chapter 3 (Minimum Standards for Solid Waste Handling and Disposal). RFQ 21-006 ATTACHMENT D - SJVUAPCD 4642 - 2 4/16/98 3.8 Landfill: any location within the solid waste disposal site used for the permanent disposal of waste where the organic portion of the waste is subject to the natural process of aerobic and anaerobic decomposition. 3.9 Landfill Gas: any untreated, raw gas derived through a natural process from the decomposition of organic waste deposited in a landfill, from the evolution of organic species in the waste, or from chemical reactions of substances in the waste. 3.10 Maintenance: work performed on a gas collection system and/or control device in order to ensure continued compliance with District rules, regulations, and/or Permits to Operate, and to prevent its failure or malfunction. 3.11 Minimization: the shutting of valves, insertion of sewer plugs, or any other similar method that reduces emissions of landfill gas to the atmosphere. 3.12 Non-repeatable, Momentary Readings: indications of the presence of organic gases on a portable hydrocarbon detection instrument which persist for less than five seconds and do not recur when the sampling probe is placed in the same location. 3.13 Open Flare: a vertically or horizontally oriented open pipe flare from which gases are released into the air before combustion is commenced. 3.14 Operator: the owner of a solid waste disposal site and any other person who through lease, franchise agreement, or any other arrangement with the landowner becomes responsible to the APCO for the following requirements for a solid waste disposal site: 3.14.1 Obtaining Authority to Construct and/or Permit to Operate for a gas collections system and control device; 3.14.2 Complying with all applicable local air pollution requirements; 3.14.3 The physical operation of the gas collection system and control device; and 3.14.4 Maintaining the gas collection system and control device during the post closure maintenance period. 3.15 Portable Hydrocarbon Detection Instrument: a hand held hydrocarbon analyzer using detector types which include, but are not limited to, conductivity, flame ionization, catalytic oxidation, infrared absorption, and photo-ionization, which meet the requirements of USEPA Test Method 21, 40 CFR Part 60. 3.16 Repair: work performed on a gas collection system and/or control device in order to return it to compliance with District rules, regulations and/or Permits to operate. ATTACHMENT D SJVUAPCD 4642 - 3 4/16/98 3.17 Solid Waste: all putrescible and non-putrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, vehicles and parts thereof, discarded home and industrial appliances, manure, vegetable or animal solid and semisolid wastes, sludge, and other discarded solid and semisolid wastes. 3.18 Solid Waste Disposal Site: the place, location, tract of land, area, or premises in use, intended to be used, or which has been used for the landfill disposal of wastes and/or evaporation of liquid chemical wastes. 3.19 Total Organic Compounds: all hydrocarbon compounds containing hydrogen and carbon with or without other chemical elements. 3.20 Volatile Organic Compound (VOC): defined in Rule 1020 (Definitions). 4.0 Exemptions 4.1 The requirements of this rule shall not apply to: 4.1.1 Active disposal areas in a landfill. 4.1.2 Any solid waste disposal site which is subject to the requirements of 40 CFR 60 Subpart WWW (Standards of Performance for Municipal Solid Waste Landfills), or Subpart Cc (Emission Guidelines and Compliance Times for Municipal Solid Waste Landfills). 4.1.3 Hazardous waste disposal sites. 4.2 The requirements of Section 5.1 and 5.2 shall not apply to solid waste disposal sites during maintenance of the landfill gas collection system and/or control device provided the requirements of Section 5.4 are met. 4.3 For existing facilities, the installation or modification of an emission control technique performed solely for the purpose of compliance with the requirements of this rule shall be exempt from Best Available Control Technology and Offset requirements of Rule 2201 (New and Modified Stationary Source Review Rule) for all air pollutants provided the conditions in Sections 4.3.1 through 4.3.4 are met. 4.3.1 there shall be no change in the physical or operational design of the existing facility, except for those changes to the design needed for the installation or modification of the emission control technique itself; 4.3.2 there shall be no change in the permitted rating or permitted operating schedule of the permitted unit; ATTACHMENT D SJVUAPCD 4642 - 4 4/16/98 4.3.3 there shall no increase in emissions from the stationary source that will cause or contribute to any violation of a National Ambient Air Quality Standard, Prevention of Significant Deterioration increment, or Air Quality Related Value in Class I areas; and 4.3.4 the project shall not result in an increase in permitted emissions or potential to emit of more than 25 tons per year of NOx, or 25 tons per year of VOC, or 15 tons per year of SOx, or 15 tons per year of PM-10, or 50 tons per year of CO. 5.0 Requirements 5.1 Solid Waste Disposal Site Gas Collection System 5.1.1 The gas collection system shall be operated in such a manner that the surface emissions testing of the landfill shows the concentrations of total organic compounds (measured as methane) do not exceed 1,000 ppmv at any point on the surface of the solid waste disposal site or along the gas transfer path of the gas collection system. Sampling ports shall be installed on each well head. Surface emissions testing shall be conducted according to Section 6.1.1. 5.1.2 The gas collection system shall be operated in a manner which maximizes the amount of landfill gas extracted while preventing overdraw that can cause fires or damage the gas collection system. 5.1.3 All landfill gas collected by a gas collection system shall be controlled by a control device which meets the requirements of Section 5.2. 5.2 Control Device 5.2.1 Except for control devices subject to Section 5.2.2, a control device shall achieve a VOC destruction efficiency of at least 98 percent by weight, or reduce the VOC concentration to 20 ppmv or less (measured as methane) corrected to 3 percent oxygen. 5.2.2 For control devices which have an Authority to Construct issued prior to July 20, 1995, such control devices shall achieve a destruction efficiency of at least 90 percent by weight or reduce the VOC concentration to 30 ppmv or less (measured as methane) corrected to 3 percent oxygen. 5.2.3 Compliance with the VOC destruction efficiency requirement shall be verified in accordance with Section 6.1.4 and 6.3.2. ATTACHMENT D SJVUAPCD 4642 - 5 4/16/98 5.2.4 An enclosed flare or an open flare may be used as a control device provided the operator submits, for approval by the APCO, a flare manufacturer’s written guarantee and supporting data to demonstrate that the flare achieves the VOC destruction efficiency in Section 5.2.1 or 5.2.2. The operator shall maintain and operate the flare according to the manufacturer’s specification, and shall meet the following operational requirements: 5.2.4.1 An enclosed flare shall be operated in accordance with the applicable provisions of 40 CFR 60.756(b) and 40 CFR 60.18. 5.2.4.2 An open flare shall be operated in accordance with the applicable provisions of and 40 CFR 60.756(c) and 40 CFR 60.18. 5.3 Emission Control During Excavation of Solid Waste Whenever buried solid waste is brought to the surface during the installation or preparation of wells, trenches, piping, or other equipment or when landfill solid waste is excavated or moved, the operator shall cover the excavated solid waste using fresh soil, plastic sheeting, or vapor retarding foam as necessary in order to prevent odorous emissions and to minimize the release of landfill gas. 5.4 Emission Control During Maintenance During maintenance of the gas collection system and/or control device the following conditions shall be met: 5.4.1 Notify the APCO by telephone at least 24 hours before performing any maintenance work that requires the system to be shutdown. The notification shall include a description of work, the date work will be performed and the amount of time needed to complete the maintenance work. 5.4.2 Emissions of landfill gas to the atmosphere shall be minimized during shutdown. 5.4.3 The gas collection system and/or control device shall not be shut down for more than 144 cumulative hours in any calendar year. ATTACHMENT D SJVUAPCD 4642 - 6 4/16/98 6.0 Administrative Requirements 6.1 Test Methods 6.1.1 Surface Emissions Testing The operator shall perform the surface emission testing of solid waste disposal sites in accordance with Sections 6.1.1 and 6.3.1 to insure the requirements of Section 5.1 are met. Prior to testing, the operator shall submit a written Surface Emission Testing Protocol for approval by the APCO. The testing protocol shall meet the following requirements: 6.1.1.1 Testing shall be conducted using a portable hydrocarbon detection test instrument. The instrument shall be calibrated before and after each test using zero air and an approximately 500 parts per million by volume (ppmv) methane based standard calibration gas in accordance with the manufacturer's recommendations. The instrument serial number and instrument calibration data shall be recorded for each calibration and maintained as a permanent record. 6.1.1.2 Testing shall be performed by holding the detector probe within three inches of the surface while walking a pattern of parallel paths not more than 90 feet apart over the entire surface area of the solid waste disposal site which contains buried refuse, and along the gas transfer path of the gas collection system. The operator shall monitor the instrument readings at least once every 30 seconds, at normal walking speed (approximately 2 miles per hour), record only the readings that exceed 1,000 ppmv, and geographically locate the specific area on the landfill surface where the exceedances occur. Cracks, holes and other breaches in the solid waste disposal site cover, as well as areas where buried waste interfaces with undisturbed native soil, shall be tested. Sampling is not required on steep slopes or other areas posing an unavoidable hazard to testing personnel. 6.1.1.3 Testing shall be terminated when the average wind speed exceeds five miles per hour or the instantaneous wind speed exceeds ten miles per hour. Average wind speed shall be determined on a ten-minute average using an on-site anemometer. The APCO may approve exceptions to the wind speed requirement for solid waste disposal sites which consistently have winds in excess of these limits. ATTACHMENT D SJVUAPCD 4642 - 7 4/16/98 Application for this exemption must be made in writing prior to testing. 6.1.1.4 Testing shall be conducted when the solid waste disposal site is dry and no rain is falling. The site is considered dry when there has been no rain for 72 hours prior to testing. 6.1.2 Measurement of the volumetric flow shall be performed using CARB Method 2. 6.1.3 Heating value of process gas shall be determined by using the latest revision of test method ASTM D1826 or ASTM D3588. 6.1.4 The destruction efficiency of the control device shall be evaluated as follows: 6.1.4.1 The operator shall measure, in dry standard cubic feet, the volumetric flow rate of the collected landfill gas entering the control device and the volumetric flow rate of the control device effluent gases; 6.1.4.2 Simultaneous grab samples shall be taken at the inlet to the control device and in the control device. The VOC concentrations of the samples shall be determined by using USEPA Test Method 25; 6.1.4.3 The control device destruction efficiency shall be computed using the following equation: Destruction Efficiency [1-VOC x exhaustflow VOC xinlet flow ]x100%o i = Where: VOCo = measured concentration of VOC in the control device exhaust VOCi = measured concentration of VOC in the landfill gas entering the control device 6.2 Recordkeeping The operator shall maintain the following written records for a period of five years from the date of each entry. The records shall be made available during normal ATTACHMENT D SJVUAPCD 4642 - 8 4/16/98 business hours from Monday through Friday, and shall be submitted to the APCO upon request. 6.2.1 Records of surface emissions tests including: the time; weather conditions, including precipitation records; areas sampled; calibration records; and test results. 6.2.2 If applicable, emission control device source test reports showing the VOC destruction efficiency. 6.2.3 If applicable, records of flare combustion temperature including the dates and times of temperature readings, net heating value of landfill gas being combusted, volumetric gas flow rate and flare exit velocity. 6.2.4 Maintenance-related or other collection system and control device downtime, including individual well shutdown. 6.3 Compliance Testing The operator shall notify the District not later than 30 days prior to any compliance test required by Section 6.3.1 and 6.3.2. Compliance test reports shall be submitted to the District within 60 days of completion of testing. 6.3.1 Surface emissions testing performed to evaluate the effectiveness of a gas collection system shall be conducted at least once in every six month period per calendar year. Upon completion of two successive semi-annual tests without an exceedance of the 1,000 ppmv standard, other than non- repeatable, momentary readings, the testing frequency may be reduced to once every calendar year. Subsequent exceedances of the 1,000 ppmv standard shall result in the re-establishment of the semi-annual testing requirement. 6.3.2 Compliance source testing of an energy recovery device used as a control device shall be conducted in accordance with the testing requirements of other applicable District’s rules. 6.4 Emission Control Plan The operator of a solid waste disposal site subject to this rule shall submit an Emission Control Plan as required by Section 7.3 to the APCO indicating the actions to be taken to comply with the requirements of the rule. A written approval of the plan shall be obtained from the APCO prior to implementing the plan. As operating experience is gained and site conditions change, the plan may be revised subject to the approval of the APCO. The plan shall, at a minimum, contain: ATTACHMENT D SJVUAPCD 4642 - 9 4/16/98 6.4.1 An engineering evaluation of the expected landfill gas generation rate and design specifications which demonstrate that the gas collection system will meet the requirements of this rule; 6.4.2 A map showing the location, spacing, and depths of extraction wells or trenches, and the direction of flow through the header system to the control device; 6.4.3 A map showing the areas with steep slopes and other safety hazards to personnel performing the surface emissions testing. A brief explanation of these hazards must be given; 6.4.4 Locations of sampling probes; 6.4.5 A schedule detailing inspection and maintenance intervals. The schedule must include the dates and durations of expected system shutdowns as well as the work or maintenance expected; 6.4.6 Written justification for less than continuous operation of the gas collection system; 6.4.7 Operating procedures including system start-up, balancing, routine maintenance, and shutdown; 6.4.8 Qualifications and training requirements for all on-site personnel; 6.4.9 A description of techniques used to ensure that excess vacuum and gas withdrawal resulting in air intrusion into the landfill are minimized. 7.0 Compliance Schedule 7.1 By July 20, 1996, the operator shall submit a Surface Emissions Testing Protocol to the APCO for approval. 7.2 Within 12 months after approval of the Surface Emission Testing Protocol by the APCO, the operator shall achieve full compliance with the requirements of this rule. 7.3 If any two (2) or more surface emissions tests exceed the 1,000 ppmv standard, the operator shall: 7.3.1 submit an Emission Control Plan and a complete application for Authority to Construct, if necessary, within 12 months from the date of the second test failure; ATTACHMENT D SJVUAPCD 4642 - 10 4/16/98 7.3.2 be in full compliance with the rule within 12 months after the Authority to Construct is issued, or after approval of the Emission Control Plan; and 7.3.3 conduct compliance testing pursuant to Sections 6.3.1 and 6.3.2. ATTACHMENT D G:\PUBLIC\RFQ\FY 2020-21\21-006 LANDFILL GAS COLLECTION & FLARE SYSTEM OPERATION & MAINTENANCE\21-006 ADDENDUM 1.DOCX COUNTY OF FRESNO ADDENDUM NUMBER: ONE (1) RFQ NUMBER: 21-006 LANDFILL GAS COLLECTION & FLARE SYSTEM OPERATION & MAINTENANCE Issue Date: September 24, 2020 CLOSING DATE: OCTOBER 5, 2020 AT 2:00 PM Submit all Questions and Quotations on the Bid Page at Public Purchase. For assistance contact Chanvathei Lonh at (559) 600-7110. NOTE THE FOLLOWING AND ATTACHED ADDITIONS, DELETIONS AND/OR CHANGES TO THE REQUIREMENTS OF REQUEST FOR QUOTATION NUMBER: 21-006 AND INCLUDE THEM IN YOUR RESPONSE. PLEASE SIGN AND RETURN THIS ADDENDUM WITH YOUR QUOTATION. ¾Please see the attached Questions and Answers. ¾Exhibit A – O & M Report (August 2019 to August 2020) and 2019 Annual SEM Report. ACKNOWLEDGMENT OF ADDENDUM NUMBER ONE (1) TO RFQ 21-006 COMPANY NAME:(PRINT) SIGNATURE: NAME & TITLE:(PRINT) Purchasing Use:CL:st ORG/Requisition: 9020 / 9022100003 Golder Associates, Inc. James D. Moore, Senior Landfill Gas Manager (PR(((((((((((((INTIN) Appendix B PROFESSIONAL RATE SCHEDULE CALENDAR YEAR 2021 (FRESNO COUNTY RFQ 21-006) Invoices from Golder include all labor charges, other direct costs, and costs associated with in-house services. Charges include only those services directly attributable to the execution of the work. Time spent when traveling in the interest of the work will be charged in accordance with the hourly rates. Labor charges are based upon standard hourly billing rates for each category of staff. The billing rates include costs for salary, payroll taxes, insurance associated with employment, benefits (including holiday, sick leave, and vacation), administrative overheads, and profit. Rates by labor category are as follows: Task 1, 2, and 5 ENGINEERS AND SCIENTISTS RATE LV1 Engineer/Scientist $ 100.00 LV2 Staff Engineer/Scientist $ 115.00 LV3 Project Engineer/Scientist $ 130.00 LV4 Senior Project Engineer/Scientist $ 145.00 LV5 Senior Engineer/Scientist $ 160.00 LV6 Senior Consultant $ 175.00 LV7 Practice/Program Leader $ 190.00 LV8 Senior Practice/Program Leader $ 205.00 TECHNICIANS RATE LT1 Technician $ 80.00 LT2 Staff Technician $ 90.00 LT3 Senior Staff Technician I $ 100.00 LT4 Senior Staff Technician II $ 110.00 DRAFTING/DIGITAL DESIGN RATE ADMINISTRATIVE SUPPORT RATE LD1 Draftsperson $ 80.00 LA1 Admin Support $ 70.00 LD2 Staff Draftsperson I $ 95.00 LA2 Staff Admin Support $ 80.00 LD3 Staff Draftsperson II $ 110.00 LA3 Senior Admin Support $ 90.00 LD4 Senior Staff Draftsperson $ 125.00 Task 3 and 4 FIELD PERSONNEL (Prevailing Wage) STRAIGHT RATE OVERTIME RATE (1.5)6 OVERTIME RATE(2.0)6 Apprentice $ 75.00 $ 90.00 $ 105.00 Laborer $ 115.00 $ 130.00 $ 150.00 Pipefitter $ 125.00 $ 140.00 $ 160.00 Equipment Operator $ 140.00 $ 160.00 $ 180.00 Notes: The above rates are subject to revision. 1 A 5% charge will be added to the total labor fees to cover all incidental office disbursements, including production of color and b/w working documents, the production of 3 sets of drawings/documents, as well as associated communication charges (excluding satellite phones). Reproduction of additional copies and drawings/documents will be at cost plus the required time charges. 2 A 10% carrying charge will be added to all other disbursements including materials, subcontractor costs, drilling or excavation services and use of external laboratory services. 3 Rates for specialist services, including but not limited to litigation support; expert witness, including time spent in depositions and the preparation and presentations of testimony; and/or senior level consultation, and priority emergency level services are available upon request. 4 Rates for laboratory services and use of equipment owned by Golder Associates will be provided upon request. 5 The rates and charges listed above exclude applicable local and federal taxes. Taxes will appear as a separate line item on each invoice. 6 The 1.5 Overtime rates for Prevailing Wage will apply to all hours beyond 8 hours in a day, and to any work on Saturdays. The 2.0 Overtime rate applies to any hours beyond 12 hours in a day, and any work on Sundays. Golder Associates Inc. 2021_rate schedule Fresno County RFQ-21-006 Golder and the G logo are trademarks of Golder Associates Corporation golder.com Appendix C GOLDER L______JL___JL___JL___J Back to DIR>> (https://www.dir.ca.gov/) State of California (https://www.dir.ca.gov/) Registrations https://cadir.secure.force.com/ContractorSearch/registrationSearchDetail... 1 of 2 10/2/2020, 12:49 PM Appendix D Department of Industrial Relations Contractor Information Legal Entity Name GOLDER ASSOCIATES INC. Legal Entity Type Corporation Status Active Registration Number 1000032336 Registration effective date 07/01/19 Registration expiration date 06/30/22 Mailing Address 1000 ENTERPRISE WAY, STE. 190 ROSEVILLE 95678 C. .. Physical Address 1000 ENTERPRISE WAY, STE. 190 ROSEVILLE 95678 C ... Email Address khaskell@golder.com Trade Name/DBA License Number (s) Other:C053290 Legal Entity Information Corporation Entity Number: Federal Employment Identification Number: President Name: Vice President Name: Treasurer Name: Secretary Name: CEO Name: ~gencY. for Service: Agent of Service Name: Agent of Service Mailing Address: Worker's Compensation Registration History Effective Date Expiration Date 09/25/18 06/30/19 06/22/17 06/30/18 06/30/16 06/30/17 11/25/15 06/30/16 07/01/19 06/30/22 C1586768 THOMAS J LOGAN KENNETH HASKELL MICHAEL J STRAIN PAULB COHEN KENNETH HASKELL 1000 ENTERPRISE WAY, STE. 190 ROSEVILLE 95678 CA United Do you lease employees through Professional Employer Organization (PEO)?: No Please provide your current worker's compensation insurance information below: PEO InformationPEO PEO PEO Name Phone Email Insured by Carrier Copyright © 2020 State of California About DIR Who we are (https://www.dir.ca.gov /aboutdir.html) DIR Divisions, Boards & Commissions (https://www.dir.ca.gov /divisions_and_programs.html) Contact DIR (https://www.dir.ca.gov /Contactus.html) Work with Us Jobs at DIR (https://www.dir.ca.gov /dirjobs/dirjobs.htm) Licensing, registrations, certifications & permits (https://www.dir.ca.gov /permits-licenses- certifications.html) Required Notifications (https://www.dir.ca.gov /dosh/Required- Notifications.html) Public Records Requests (https://www.dir.ca.gov /pra_request.html) Learn More Acceso al idioma (http://www.dir.ca.gov //Bilingual-Services- Act/default.html) Frequently Asked Questions (https://www.dir.ca.gov /faqslist.html) Site Map (https://www.dir.ca.gov /sitemap/sitemap.html) Back to Top Conditions of Use (https://www.dir.ca.gov/od_pub /conditions.html) Disclaimer (https://www.dir.ca.gov/od_pub /disclaimer.html) Privacy Policy (https://www.dir.ca.gov/od_pub /privacy.html) Accessibility (https://www.dir.ca.gov/od_pub /accessibility.html) Site Help (https://www.dir.ca.gov/od_pub/help.html) Contact Us (https://www.dir.ca.gov/ContactUs.html) (https://www.facebook.com/CaliforniaDIR) (https://twitter.com/#!/CA_DIR) (http://www.youtube.com/CaliforniaDIR) Registrations https://cadir.secure.force.com/ContractorSearch/registrationSearchDetail... 2 of 2 10/2/2020, 12:49 PM Policy Holder Name: Insurance carrier: Policy Number: Inception date: Expiration Date: t: GOLDER ASSOCIATES INC. ZURICH AMERICAN INSURANCE ( WC5393917 05/01/19 05/01/20 Appendix E ~ ~ ~~-CONTRACTORS STATE LICENSE BOARD .., SELF-DEALING TRANSACTION DISCLOSURE FORM In order to conduct business with the County of Fresno (hereinafter referred to as “County”), members of a contractor’s board of directors (hereinafter referred to as “County Contractor”), must disclose any self-dealing transactions that they are a party to while providing goods, performing services, or both for the County. A self-dealing transaction is defined below: “A self-dealing transaction means a transaction to which the corporation is a party and in which one or more of its directors has a material financial interest” The definition above will be utilized for purposes of completing this disclosure form. INSTRUCTIONS (1)Enter board member’s name, job title (if applicable), and date this disclosure is being made. (2)Enter the board member’s company/agency name and address. (3)Describe in detail the nature of the self-dealing transaction that is being disclosed to the County. At a minimum, include a description of the following: a.The name of the agency/company with which the corporation has the transaction; and b.The nature of the material financial interest in the Corporation’s transaction that the board member has. (4)Describe in detail why the self-dealing transaction is appropriate based on applicable provisions of the Corporations Code. (5)Form must be signed by the board member that is involved in the self-dealing transaction described in Sections (3) and (4). EXHIBIT B (1) Company Board Member Information: Name: Date: Job Title: (2) Company/Agency Name and Address: (3)Disclosure (Please describe the nature of the self-dealing transaction you are a party to): (4)Explain why this self-dealing transaction is consistent with the requirements of Corporations Code 5233 (a): (5) Authorized Signature Signature: Date: I I