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HomeMy WebLinkAboutAgreement A-16-241 with Tetra Tech BAS Inc..pdf 16-0548 Agreement No. 16-241 1 AGREEMENT FOR ENGINEERING CONTRACTOR SERVICES 2 THIS AGREEMENT made and entered into this 24th day of May , 2016, 3 between the County of Fresno, a political subdivision of the State of California 4 (hereinafter called "COUNTY"), and TETRA TECH BAS, INC., a California corporation, 5 located at 1360 Valley Vista Drive, Diamond Bar, California 91765 (hereinafter called 6 "CONTRACTOR"). 7 WITNESSETH: 8 WHEREAS, the COUNTY requires specialized services to conduct the State and 9 Federal-required operation and maintenance of the landfill gas collection and control 10 system (LFGCCS) at the American Avenue Disposal Site (SITE); and 11 WHEREAS, the CONTRACTOR is qualified and willing to provide the COUNTY 12 the professional services required for this project; 13 NOW, THEREFORE, the parties hereto have and by these presents do agree as 14 follows: 15 I. GENERAL PROVISIONS: 16 A. The COUNTY hereby contracts with the CONTRACTOR as an 17 independent contractor to provide all the services required for the project. Said services 18 are described under Article III herein. 19 B. The CONTRACTOR shall retain such engineering and other 20 subcontractors as CONTRACTOR may require in order to assist in its completion of the 21 work. All subcontractors used by CONTRACTOR shall be approved in writing by the 22 COUNTY before they are retained by the CONTRACTOR, which approval shall not be 23 unreasonably withheld. Should CONTRACTOR retain such persons, compensation to 24 be paid to CONTRACTOR under Article V below, shall not be increased. 25 C. The CONTRACTOR's services shall be performed as expeditiously as is 26 consistent with professional skill and the orderly progress of the work. 27 D. The contact person for the CONTRACTOR shall be: 28 Jeff Williams (telephone (909) 860-7777, Fax (909) 860-8017). 1 1 II. DESCRIPTION OF THE WORK COVERED BY THIS AGREEMENT: 2 A. The work covered by this Agreement is for the CONTRACTOR services 3 described in Article III. 4 III. CONTRACTOR'S SERVICES: 5 The CONTRACTOR agrees to provide professional services as described below 6 and more specifically described in the CONTRACTOR's response to the COUNTY's 7 Request for Quotation No. 968-5419, which is attached hereto as Attachment "A" and 8 incorporated by this reference as though fully set forth: 9 TASK 1 - ROUTINE LFGCCS OPERATION, MONITORING AND MAINTENANCE 10 Routine LFGCCS operation, monitoring, maintenance and reporting as required 11 by applicable federal and state law and regulation and any site specific permits; 12 TASK 2 - LANDFILL GAS (LFG) SURFACE EMISSIONS TESTING AND REPORTING 13 LFG surface emissions testing and reporting will be conducted in accordance 14 with the applicable provisions of California Code of Regulations Title 17 (including 17 15 CCR §95471 et seq.) and all applicable reporting requirements contained in 17 CCR 16 §95470 et seq., in addition to New Source Performance Standards/Emission Guidelines 17 (NSPS/EG) requirements; 18 TASK 3 - ANNUAL LANDFILL GAS FLARE SOURCE TEST (FST) 19 Perform and report annual FST; 20 TASK 4 - REPORT PREPARATION 21 This task will include the preparation of reports required under the SITE's Title V 22 permit and any reports required under the NSPS/EG, to include the Semi-Annual Report 23 of Required Monitoring, the Annual Compliance Certificate, the Semi-Annual New 24 Source Performance Standards (NSPS), and the Startup Shutdown and Malfunction 25 (SSM) Reports; 26 TASK 5 — CONSULTATION/REGULATORY RESPONSE (EXTRA SERVICES) 27 This task may include, but is not limited, to the following: analysis of the SITE to 28 determine applicability of existing or proposed regulations to the SITE; responses, 2 1 comments or petitions prepared on behalf of the COUNTY to be submitted to a 2 regulatory agency regarding the SITE. This task shall be performed only upon written 3 authorization as maximum ("not to exceed") amounts for specifically defined services. 4 IV. COUNTY'S OBLIGATIONS: 5 The COUNTY will: 6 A. Compensate the CONTRACTOR as provided in this Agreement. 7 B. Provide a "County Representative" who will represent the COUNTY and 8 who will coordinate with the CONTRACTOR as appropriate to facilitate 9 CONTRACTOR's performance under the provisions of this Agreement. The County 10 Representative will be the COUNTY's Director of Department of Public Works and 11 Planning or his/her designee. The CONTRACTOR shall communicate and coordinate 12 with the County Representative who will provide the following services: 13 1. Examine documents submitted to the COUNTY by the 14 CONTRACTOR and timely render decisions pertaining thereto. 15 2. Provide communication between the CONTRACTOR and COUNTY 16 officials and commissions (including user Department). 17 3. Provide right of entry on designated property for accomplishment of 18 authorized work. 19 C. Give reasonably prompt consideration to all matters submitted by the 20 CONTRACTOR for approval, so as to avoid any substantial delays in the 21 CONTRACTOR's performance of the work. An approval, authorization or request to the 22 CONTRACTOR given by the COUNTY will only be binding upon the COUNTY under 23 the terms of this Agreement if in writing and signed on behalf of the COUNTY by the 24 County Representative or a designee. 25 V. COMPENSATION: 26 A. Total Fee: 27 1. Notwithstanding any other provision in this Agreement, the Total 28 Fee for the services required under Article III shall be limited to a maximum of$168,714 3 1 annually, comprised of a Basic Fee of $88,714 annually and an Extra Services 2 allocation of $80,000 annually. Accordingly, the maximum cumulative amount of the 3 Total Fee for the original three-year term of the Agreement shall be $506,142 (i.e., 4 $168,714 annually for each of the three years the Agreement is in effect); and it is 5 further hereby provided that if the Agreement is renewed as provided for in Section 6 XXI.B., then the maximum cumulative amount of the Total Fee, Basic Fee and Extra 7 Services allocations shall be increased accordingly, without the need for any 8 amendment of this Agreement. Accordingly, if this Agreement is renewed for one 9 additional year at the conclusion of its original three-year term, the Total Fee hereunder 10 would be $674,856 (i.e., $168,714 annually for each of the four years the Agreement is 11 in effect). Likewise, if the Agreement is renewed for the maximum two additional years, 12 then the maximum cumulative amount of the Total Fee hereunder would be $843,570 13 (i.e., $168,714 annually for each of the five years the Agreement is in effect). 14 B. Basic Fee: 15 1. Notwithstanding any other provision in this Agreement, the Basic 16 Fee for the Services required under Article 111, Tasks 1 , 2, 3 and 4 shall be computed at 17 the cost rates shown in Attachment "A" hereto. Those rates as listed therein for such 18 Basic Fee services shall remain in effect for the entire duration of this Agreement. 19 Within the Total Fee limitation described in Paragraph V.A.1. above, the Maximum 20 Annual Basic Fee shall be divided as follows: 21 Task 1 Routine LFGCCS Operation, Monitoring and Maintenance $31,490.00 22 Task 2 Surface Emission Monitoring $41,216.00 23 Task 3 Annual Landfill Gas Flare Source Test (FST) $10,806.00 24 Task 4 Report Preparation $5,202.00 25 Total Maximum Annual Basic Fee $88,714.00 26 2. Upon written agreement and authorization by both County's Landfill 27 Operations Manager and CONTRACTOR, the amounts listed above for each Task may 28 be redistributed within the limits of the total amount listed for the Annual Basic Fee. 4 1 Provided, however, that any increase(s) in the maximum amount of the Annual Basic 2 Fee for any contract year and/or the cumulative total of the Basic Fee as established in 3 Paragraph V.A.1 above, will require a written amendment to this Agreement, approved 4 by the Board of Supervisors in accordance with the provisions of Article XVI below. 5 C. Extra Services: 6 1. A maximum allocation of $80,000 annually to pay for authorized 7 Extra Services is provided herein by this Agreement. Payment of Extra Services in 8 excess of $80,000 annually is prohibited except upon a written Amendment to this 9 Agreement pursuant to the provisions of Article XVI hereof. 10 2. The CONTRACTOR shall not undertake any Extra Services without 11 the advance written authorization of the County Representative. The CONTRACTOR 12 and the COUNTY shall expressly confirm in writing the authorization and maximum cost 13 for any such services before the CONTRACTOR initiates any work thereon. 14 3. The following are CONTRACTOR services which are considered as 15 not included in Article III herein, but may be required and thus considered Extra 16 Services. 17 a. Providing unforeseen, extraordinary, or unique services, 18 additional LFGCCS maintenance and/or related work required by regulatory agencies 19 or, items not covered or normally included in the Basic Fee, but authorized by the 20 County Representative. 21 b. Extra Services shall be characterized and invoiced under the 22 following heading, as authorized by the County Representative: 23 NON-ROUTINE SCHEDULED MAINTENANCE (EXTRA SERVICES) 24 Non-routine scheduled maintenance consists of corrective repair or maintenance 25 work identified by the CONTRACTOR during regular Site visits or by COUNTY staff. 26 This work is essential for proper LFGCCS operation; however, it is considered work that 27 can be scheduled to allow for procurement of materials or equipment or assignment of 28 personnel. The CONTRACTOR shall provide a not-to-exceed quote to the COUNTY for 5 1 all non-routine scheduled maintenance and work will only be performed after 2 authorization from the COUNTY to the CONTRACTOR. Written authorization will be 3 required prior to accomplishment of the work; 4 EMERGENCY MAINTENANCE (EXTRA SERVICES) 5 Emergency maintenance is required to provide immediate response to protect 6 life, property, and the environment or to restore system operations. Due to the nature of 7 these items, repairs may have to be initiated as needed, 24 hours per day, 7 days a 8 week, 365 days per year. Emergency maintenance will only be performed after verbal 9 authorization from COUNTY staff, to be followed by a written authorization confirmation; 10 TASK 5 — CONSULTATION/REGULATORY AGENCY RESPONSE (EXTRA 11 SERVICES) 12 Consultation and/or preparation of response to regulatory agency will be 13 provided as needed and will be based on the CONTRACTOR's submittal, in writing, of 14 the proposed scope of work and proposed maximum ("not to exceed") cost for 15 completion thereof. All such proposals shall be submitted to the County in advance of 16 performing any services. The CONTRACTOR will perform services only after receiving 17 from the County Representative written acceptance of the proposal. 18 4. Fees for Extra Services authorized under non-routine and 19 emergency maintenance as described above shall be computed at the hourly cost rates 20 and material costs shown in CONTRACTOR'S response to COUNTY's Request for 21 Quotation No. 968-5419 (Attachment "A" hereto, as incorporated herein under Article III 22 above). Fees for Extra Services requested to be provided by CONTRACTOR under 23 Task 5 above shall be authorized as maximum ("not to exceed") amounts for specifically 24 defined services. 25 5. Notwithstanding the provisions of Paragraph V.B.1 establishing the 26 hourly rates for Basic Fee services hereunder, the hourly rates for Extra Services may 27 be renegotiated annually at CONTRACTOR'S request by submitting the proposed 28 changes to the County Representative at least sixty (60) days prior to the renewal date 6 1 of this Agreement. Upon review and written approval of the County Representative, the 2 COUNTY may authorize the change in hourly rates. However, the total amount of the 3 Maximum Annual Basic Fee may not be increased except upon formal written 4 Amendment to this Agreement, approved by COUNTY's Board of Supervisors in 5 accordance with Article XVI below. 6 6. In the event COUNTY expressly authorizes Extra Services, 7 CONTRACTOR shall keep complete records showing the hours and description of 8 activities worked by each person who works on the project and all costs and charges 9 applicable to the Extra Services work authorized. Should there be a claim for Extra 10 Services, the CONTRACTOR agrees and acknowledges that the claimant shall 11 specifically identify the activity, performer of the activity, reason for the activity, and 12 COUNTY official requesting the activity, and that failure to do will result in denial of the 13 claim. CONTRACTOR shall be responsible for all sub-consultants keeping similar 14 records. The CONTRACTOR shall not stop the work, including the work in other areas 15 unrelated to the Extra Services request or claim, unless it can be shown the project 16 work cannot proceed while a claim or request for Extra Services is being evaluated. 17 D. Payments: 18 1. Progress payments will be made by the COUNTY upon receipt and 19 approval of the CONTRACTOR's monthly invoices based on the COUNTY's evaluation 20 of the completion of the respective components of the projects(s). Invoices shall clearly 21 identify each task to which the work pertains, clearly identify charges for tasks 22 authorized as Extra Services, and shall be submitted with the documentation identified 23 in Article V.D.4. Invoices shall be submitted to: 24 Resources Division Attn: Landfill Operations Manager 25 Fresno County Department of Public Works and Planning 26 2220 Tulare Street, Sixth Floor Fresno, CA 93721-2106 27 28 7 1 2. Upon receipt of a proper invoice, the COUNTY's Department of 2 Public Works and Planning will take a maximum of ten (10) working days to review, 3 approve, and submit it to the COUNTY's Auditor-Controller/Treasurer-Tax Collector. 4 Unsatisfactory or inaccurate invoices may be returned to the CONTRACTOR for 5 correction and resubmittal. Payment will be issued to CONTRACTOR within forty (40) 6 calendar days of the date the Auditor-Controller/Treasurer-Tax Collector receives the 7 approved invoice. 8 3. An unresolved dispute over a possible error or omission may cause 9 payment of CONTRACTOR fees in the disputed amount to be withheld by the 10 COUNTY. 11 4. Concurrently with the invoices, the CONTRACTOR shall provide its 12 certification acceptable to the COUNTY, and shall provide, on COUNTY request, copies 13 of issued checks, receipts, or other COUNTY pre-approved documentation, that 14 complete payment has been made to all subcontractors as provided herein for all 15 previous invoices paid by the COUNTY. 16 5. Final invoice shall be submitted to COUNTY no later than sixty (60) 17 days after project is completed. Payment shall not be made until all post-project 18 services are completed, including but not limited to furnishing of required reports. 19 6. In the event the COUNTY reduces the scope of the project, the 20 CONTRACTOR will be compensated on a pro rata basis for actual work completed and 21 accepted by the COUNTY in accordance with the terms of this Agreement. 22 VI. COMPENSATION RECORDS: 23 The CONTRACTOR shall keep complete records showing the hours and 24 description of activities performed by each person who works on the project and all 25 associated costs or charges applicable to work covered by the Basic Fee and approved 26 Extra Services. The CONTRACTOR will be responsible for all sub-contractors keeping 27 similar records. 28 VII. AUDITS, ACCOUNTING AND INSPECTIONS ACCESS: 8 1 A. The CONTRACTOR shall at any time during regular business hours, and 2 as often as the COUNTY may deem necessary, make available to the COUNTY's 3 Auditor-Controller/Treasurer-Tax Collector, or their authorized representatives for 4 examination all of its records and data with respect to matters covered by this 5 Agreement. The CONTRACTOR shall permit the COUNTY to audit and inspect all 6 invoices, materials, payrolls, records of personnel, conditions of employment, and other 7 data relating to matters covered by this Agreement. 8 B. The CONTRACTOR shall be subject to the examination and audit of the 9 Auditor General for a period of three (3) years after final payment under Agreement 10 (Government Code Section 8546.7) 11 VIII. ERRORS OR OMISSION CLAIMS AND DISPUTES: 12 A. Definitions: 13 1. A "Consultant" is a duly licensed Architect or Engineer, or other 14 provider of professional services, acting as a business entity (owner, partnership, 15 corporation, joint venture or other business association) in accordance with the terms of 16 an Agreement with the COUNTY. 17 2. A "Claim" is a demand or assertion by one of the parties seeking, 18 as a matter of right, adjustment or interpretation of contract terms, payment of money, 19 extension of time, change orders, or other relief with respect to the terms of the 20 contract. The term "Claim" also includes other disputes and matters in question 21 between the COUNTY and CONTRACTOR arising out of or relating to the contract. 22 Claims must be made by written notice. The provisions of Government Code section 23 901, et seq., shall apply to every claim made to COUNTY. The responsibility to 24 substantiate claims shall rest with the party making the claim. The term "Claim" also 25 includes any allegation of an error or omission by the CONTRACTOR. 26 B. In the spirit of cooperation between the COUNTY and CONTRACTOR, the 27 following procedures are established in the event of any claim or dispute alleging an 28 error, omission, or negligent act of the CONTRACTOR. 9 1 1. Claims, disputes or other matters in question between the parties, 2 arising out of or relating to this Agreement, shall not be subject to arbitration, but shall 3 be subject to the following procedures. 4 2. Designated representatives of COUNTY and CONTRACTOR shall 5 meet and confer and attempt to reach agreement on any dispute, including what 6 damages have occurred, the measure of damages and what proportion of damages, 7 if any, shall be paid by either party. The parties agree to consult and consider the use 8 of mediation or other form of dispute resolution prior to resorting to litigation. 9 3. If the COUNTY and CONTRACTOR cannot reach agreement under 10 Section VIII.B.2., the disputed issues may, upon concurrence by all parties, be 11 submitted to a panel of three (3) for a recommended resolution. The CONTRACTOR 12 and the COUNTY shall each select one (1) member of the panel, and the third member 13 shall be selected by the other two panel members. The discovery rights provided by 14 California Code of Civil Procedure for civil proceedings shall be available and 15 enforceable to resolve the disputed issues. Either party requesting this dispute 16 resolution process shall, when invoking the rights to this panel, give to the other party a 17 notice describing the claims, disputes and other matters in question. Prior to twenty 18 (20) days before the initial meeting of the panel, both parties shall submit all documents 19 such party intends to rely upon to resolve such dispute. If it is determined by the panel 20 that any party has relied on such documentation, but has failed to previously submit 21 such documentation on a timely basis to the other party, the other party shall be entitled 22 to a 20-day continuance of such initial meeting of the panel. Issuance of the panel's 23 recommended decision is not a condition precedent to arbitration, mediation or litigation. 24 4. Upon receipt of the panel's recommended resolution of the dispute 25 issues, the COUNTY and the CONTRACTOR shall again meet and confer and attempt 26 to reach agreement. If the parties still are unable to reach agreement, each party shall 27 have recourse to all appropriate legal and equitable remedies. 28 10 1 C. The procedures to be followed in the resolution of claims and disputes 2 may be modified at any time by mutual agreement of the parties hereto. 3 D. The CONTRACTOR shall continue to perform its obligations under this 4 Agreement pending resolution of any dispute, and the COUNTY shall continue to make 5 payments of all undisputed amounts due under this Agreement. 6 E. When a claim by either party has been made alleging the 7 CONTRACTOR's error, omission or negligent act, the County Representative and the 8 CONTRACTOR shall meet and confer within twenty-one (21) days after the written 9 notice of the claim has been provided. 10 IX. JOINDER OF PARTIES: 11 The CONTRACTOR, the CONTRACTOR's consultants of any tier, 12 subcontractors of any tier, suppliers and construction lenders shall all be bound by the 13 dispute resolution provisions of this agreement, and immediately upon demand of 14 COUNTY or CONTRACTOR, shall participate in and shall become parties to the dispute 15 resolution process, provided they have signed any document that incorporates or refers 16 to the dispute resolution provisions of this Agreement. Failure, whether intended or 17 inadvertent, of CONTRACTOR to ensure that such nonparties have signed such a 18 document shall inure only to CONTRACTOR's detriment, if any there be. COUNTY 19 shall not suffer a detriment by CONTRACTOR's action or inaction in this regard. If such 20 a party after due notice fails to appear at and participate in the dispute resolution 21 proceedings, the panel established in accordance with the provisions of Article VIII.B.3. 22 shall make a decision based on evidence introduced by the party or parties who do 23 participate. 24 X. CONTRACTOR'S OBLIGATIONS RELATING TO REGULATORY 25 REQUIREMENTS: 26 A. The CONTRACTOR shall analyze and adhere to requirements of all 27 applicable regulatory provisions, rules, and codes, which shall include, but not be limited 28 to: applicable provisions of San Joaquin Valley Air Pollution Control District (SJVAPCD) 11 1 rules and regulations; the site-specific permit to operate issued by SJVAPCD; California 2 Code of Regulations (CCR) Titles 14, 22, 23 and 27; and any applicable provisions of 3 the Code of Federal Regulations (such as Title 40 CFR); and any amendments or 4 modifications to any of the foregoing, together with such other provisions, applicable to 5 the regulation of landfill gas emissions and solid waste landfills, as may be promulgated 6 subsequent to the execution of this Agreement . 7 XI. INDEPENDENT CONTRACTOR: 8 A. In performance of the work, duties, and obligations assumed by 9 CONTRACTOR under this Agreement, it is mutually understood and agreed that 10 CONTRACTOR, including any and all of CONTRACTOR's officers, agents and 11 employees, will at all times be acting and performing as an independent contractor, and 12 shall act in an independent capacity and not as an officer, agent, servant, employee, 13 joint venturer, partner or associate of the COUNTY. Furthermore, COUNTY shall have 14 no right to control or supervise or direct the manner or method by which CONTRACTOR 15 shall perform its work and function. However, COUNTY shall retain the right to 16 administer this Agreement so as to verify that CONTRACTOR is performing its 17 obligations in accordance with the terms and conditions thereof. CONTRACTOR and 18 COUNTY shall comply with all applicable provisions of law and the rules and 19 regulations, if any, of Governmental authorities having jurisdiction over matters the 20 subject thereof. 21 B. Because of its status as an independent contractor, CONTRACTOR shall 22 have absolutely no right to employment rights and benefits available to COUNTY 23 employees. CONTRACTOR shall be solely liable and responsible for providing to, or on 24 behalf of its employees all legally-required employee benefits. In addition, 25 CONTRACTOR shall be solely responsible and save COUNTY harmless from all 26 matters relating to payment of CONTRACTOR's employees, including compliance with 27 Social Security, withholding, and all other regulations governing such matters. It is 28 12 1 acknowledged that during the term of this Agreement, CONTRACTOR may be providing 2 services to others unrelated to the COUNTY or to this Agreement. 3 XI I. PARTIES BOUND BY AGREEMENT: 4 This Agreement shall be binding upon the COUNTY, the CONTRACTOR, and 5 their successors in interest, legal representatives, executors, administrators, and 6 assigns with respect to all covenants as set forth herein. 7 XIII. REQUIRED APPROVALS: 8 It is understood that the CONTRACTOR shall not assign, sublet, subcontract, or 9 transfer CONTRACTOR's rights or obligations in this Agreement without the prior 10 express, written consent of the COUNTY. Such approval shall only be given by the 11 COUNTY's Board of Supervisors. 12 XIV. COMPLIANCE WITH LAWS: 13 CONTRACTOR shall comply with Federal, State, and local laws, ordinances, 14 regulations, and Fresno County Charter provisions applicable and in effect when 15 professional services are performed. 16 XV. GOVERNING LAW: 17 A. Any controversy or claim arising out of or relating to this Agreement which 18 cannot be amicably settled without court action shall be litigated either in a state court 19 for Fresno County, California, or in the U.S. District Court for the Eastern District of 20 California, located in Fresno County. 21 B. The rights and obligations of the parties and all interpretations and 22 performance of this Agreement shall be governed in all respects by the laws of the State 23 of California. 24 XVI. AMENDMENTS: 25 Any changes to this Agreement requested either by the COUNTY or 26 CONTRACTOR may be effected only if mutually agreed upon in writing by each of the 27 parties hereto. This Agreement shall not be modified or amended, nor shall any rights 28 of a party hereto be waived, except by such a writing. 13 1 XVII. CONTRACTOR'S LEGAL AUTHORITY: 2 Each individual executing this Agreement on behalf of CONTRACTOR hereby 3 covenants, warrants, and represents: (i) that he or she is duly authorized to execute 4 and deliver this Agreement on behalf of such corporation in accordance with a duly 5 adopted resolution of the corporation's board of directors and in accordance with such 6 corporation's articles of incorporation or charter and bylaws; (ii) that this Agreement is 7 binding upon such corporation; and (iii) that CONTRACTOR is a duly organized and 8 legally existing corporation in good standing in the State of California. 9 XVIII. HOLD HARMLESS: 10 CONTRACTOR shall hold harmless and indemnify COUNTY, its officers, agents, 11 and employees, against the payment of any and all costs and expenses (including 12 reasonable attorney fees and court costs), damages, claims, suits, losses, and liability 13 for bodily and personal injury to or death of any person or for loss of any property 14 resulting from or arising out of any wrongful acts, errors or omissions of 15 CONTRACTOR, its officers, agents, and employees, in performing or failing to perform 16 any work, services, or functions under this Agreement. 17 XIX. LIABILITY INSURANCE: 18 A. Prior to commencing the duties under the Agreement with the COUNTY, 19 the CONTRACTOR shall furnish the COUNTY, at no additional cost to the COUNTY, 20 certificates for the following insurance policies which shall be kept in force during the 21 term of the Agreement (i.e., until the Agreement is terminated or it expires), and for such 22 additional time as may be specified herein with respect to a particular type of policy. 23 1. Commercial General Liability Insurance or Comprehensive General 24 Liability Insurance, naming the COUNTY as an additional insured, with limits of not less 25 than $1,000,000 per occurrence and an annual aggregate of $2,000,000. 26 2. Comprehensive Automobile Liability Insurance with limits for bodily 27 injury of not less than $250,000 per person, $500,000 per accident and for property 28 damage of not less than $50,000, or such coverage with a combined single limit of 14 1 $500,000. Coverage shall include owned and non-owned vehicles used in connection 2 with this Agreement. 3 3. Environmental Impairment (Pollution) Liability Insurance with limits 4 of not less than $3,000,000 per occurrence and an annual aggregate of not less than 5 $5,000,000, including clean-up costs. The policy shall be written on claims made basis. 6 4. Special endorsements or a separate policy covering explosion and 7 subsequent environmental damages with limits not less than $3,000,000 per occurrence 8 and $5,000,000 annual aggregate. 9 5. Transporter Pollution Liability Insurance, in addition to all other 10 coverages required herein, and one of the following: MCS-90 endorsement with sudden 11 and accidental pollution endorsement or "automobile endorsement A", or a California 12 9948 endorsement with limits of not less than $5,000,000 combined single limit. 13 6. Worker's Compensation insurance policy as required by the 14 California Labor Code. 15 7. Professional Liability Insurance: 16 a. In the minimum amount of at least $1,000,000 coverage per 17 claim, with an annual aggregate of at least $3,000,000. 18 b. CONTRACTOR and subcontractors shall make full 19 disclosure, in writing to the COUNTY, of all pending and open claims and disputes 20 during the course of this agreement that affect the specified aggregate limits of the 21 Professional Liability Insurance policy. 22 C. Professional Liability Insurance shall extend for a minimum 23 of two (2) years past the date of final payment to CONTRACTOR, including the 24 resolution of all claims, disputes, and matters in question regarding the project. 25 d. In the event that CONTRACTOR voluntarily changes or 26 involuntarily changes, due to circumstances beyond its control, Professional Liability 27 Insurance policy carrier during the course of this Agreement, such new policy shall 28 include prior acts coverage retroactive, at least, to the date of execution of this 15 1 Agreement. CONTRACTOR may, at its option and expense, purchase supplemental or 2 "tail" coverage from the former policy carrier, negotiate a retroactive reporting date with 3 the new policy carrier for claims incurred but not reported as of the date of change in 4 policy carrier, and shall in any event maintain Professional Liability Insurance in a 5 manner that provides continuous coverage to the COUNTY throughout the term of this 6 Agreement, and for a period of two (2) years past the issuance of final payment to the 7 CONTRACTOR. 8 e. The CONTRACTOR may, at its option and expense and 9 upon approval of the COUNTY, provide specific project professional liability insurance 10 for itself and all sub-contractors for this project, extending from the beginning of project 11 until two (2) years past the issuance of final payment to the CONTRACTOR. This time 12 period specifically includes that time required for the resolution of all claims and 13 disputes. 14 B. All policies shall be issued by insurers licensed to do business in the State 15 of California. CONTRACTOR shall give COUNTY at least thirty (30) days written 16 advance notice of any expiration, cancellation or reduction in the coverage of any of the 17 aforesaid policies. 18 C. The COUNTY, its officers, agents and employees, individually and 19 collectively, shall be named as additional insured in Commercial General Liability 20 Insurance or Comprehensive General Liability Insurance, but only insofar as the 21 operations under this contract are concerned. Such coverage of COUNTY as additional 22 insured shall apply as primary insurance and any other insurance, or self-insurance, 23 maintained by the COUNTY, its officers, agents, and employees, shall be excess only 24 and not contributing with insurance provided under the CONTRACTOR's policies 25 herein. 26 D. In the event CONTRACTOR fails to keep in effect at all times insurance 27 coverage as herein provided, the COUNTY may, in addition to other remedies it may 28 have, suspend or terminate this Agreement upon the occurrence of such event. 16 1 XX. OWNERSHIP OF DOCUMENTS: 2 A. CONTRACTOR understands and agrees that COUNTY shall retain full 3 ownership rights of the drawings and the work-product of CONTRACTOR for the 4 project, to the fullest extent permitted by law. In this regard, CONTRACTOR 5 acknowledges and agrees that CONTRACTOR's services are on behalf of COUNTY 6 and are "works made for hire," as that term is defined in copyright law, by COUNTY; 7 that the drawings and work-product to be prepared by CONTRACTOR are for the sole 8 and exclusive use of COUNTY, and shall be the sole property of COUNTY and its 9 assigns, and the COUNTY and its assigns shall be the sole owner of all patents, 10 copyrights, trademarks, trade secrets and other contractual and intangible rights in 11 connection therewith; that all the rights, title, and interest in and to the drawings and 12 work-product will be transferred to COUNTY by CONTRACTOR, and CONTRACTOR 13 will assist COUNTY to obtain and enforce patents, copyrights, trademarks, trade 14 secrets, and all contractual and other rights of any kind or nature relating to COUNTY's 15 ownership of said drawings and work-product; and that COUNTY shall be and become 16 the owner of such drawings and work product, free and clear of any claim by 17 CONTRACTOR or anyone claiming any right through CONTRACTOR. CONTRACTOR 18 further acknowledges and agrees that COUNTY's ownership rights in such drawings 19 and work product shall apply regardless of whether such drawings or work product, or 20 any copies thereof, are in the possession of CONTRACTOR, or any other person, firm, 21 corporation, or entity. For the purpose of this Agreement the terms "drawings and 22 work-product" shall mean all reports and study findings developed for the project, 23 drawings and schematic or preliminary design documents of each project, certified 24 reproducibles of the original final construction contract drawings of each project, 25 specifications of each project, the approved opinion of probable construction cost of 26 each project, record drawings of each project, as-built plans of each project, and 27 discoveries, developments, designs, improvements, inventions, formulas, processes, 28 techniques, or specific know-how and data generated or conceived or reduced to 17 1 practice or learning by CONTRACTOR, either alone or jointly with others, that result 2 from the tasks assigned to CONTRACTOR by COUNTY under this Agreement. 3 B. All documents, including calculations, required in performing services 4 under this Agreement shall be submitted to, and shall remain the property of the 5 COUNTY. 6 XXI. TIME OF COMPLETION: 7 CONTRACTOR shall diligently proceed with the agreed scope of services and 8 shall provide such services in a timely manner. Failure of the CONTRACTOR to 9 provide such services on a timely basis, is sufficient cause to terminate this Agreement 10 immediately, at the option of the COUNTY, in accordance with Article XXIIIB, unless the 11 delay is attributable to the COUNTY or State. 12 XXII. TERM: 13 The term of this Agreement shall be for a period of three (3) years, commencing 14 on June 1, 2016 through and including May 31, 2019. This Agreement may be extended 15 for a maximum of two (2) additional consecutive twelve (12) month extension periods, 16 upon written approval of both parties no later than thirty (30) days prior to the first day of 17 the next twelve (12) month extension period. . The Director of Public Works and 18 Planning or his or her designee is authorized to execute such written approval on behalf 19 of COUNTY based on CONTRACTOR'S satisfactory performance. 20 XXIII. TERMINATION OF AGREEMENT: 21 A. This Agreement may be terminated without cause at any time by the 22 COUNTY upon thirty (30) calendar days written notice. If the COUNTY terminates this 23 Agreement, the CONTRACTOR shall be compensated for services satisfactorily 24 completed to the date of termination based upon the compensation rates and subject to 25 the maximum amounts payable hereunder as agreed to in Article V, together with such 26 additional services satisfactorily performed after termination which are expressly 27 authorized by the County Representative to conclude the work performed to date of 28 termination. 18 1 B. The COUNTY may immediately suspend or terminate this Agreement in 2 whole or in part, where in the determination of the COUNTY there is: 3 1. An illegal or improper use of funds; 4 2. A failure to comply with any term of this Agreement; 5 3. A substantially incorrect or incomplete report submitted to the 6 COUNTY; 7 4. Improperly performed service. 8 C. In no event shall any payment by the COUNTY constitute a waiver by the 9 COUNTY of any breach of this Agreement or any default which may then exist on the 10 part of the CONTRACTOR. Nor shall such payment impair or prejudice any remedy 11 available to the COUNTY with respect to the breach or default. The COUNTY shall 12 have the right to demand of the CONTRACTOR the repayment to the COUNTY of any 13 funds disbursed to the CONTRACTOR under this Agreement, which, in the judgment of 14 the COUNTY and as determined in accordance with the procedures of Article VIII, 15 "Errors or Omissions Claims and Disputes", were not expended in accordance with the 16 terms of this Agreement. The CONTRACTOR shall promptly refund any such funds 17 upon demand. 18 D. The terms of this Agreement, and the services to be provided thereunder, 19 are contingent on the approval of funds by the appropriating government agency. 20 Should sufficient funds not be allocated, the services provided may be modified, or this 21 Agreement terminated at any time by giving the CONTRACTOR thirty (30) days 22 advance written notice. 23 XXIV. ENTIRE AGREEMENT: 24 This Agreement constitutes the entire agreement between the COUNTY and the 25 CONTRACTOR with respect to the subject matter hereof and supersedes all previous 26 negotiations, proposals, commitments, writings, advertisements, publications, and 27 understandings of any nature whatsoever unless expressly included in this Agreement. 28 19 1 XXV. DISCLOSURE OF SELF-DEALING TRANSACTIONS: 2 This provision is only applicable if the CONTRACTOR is operating as a 3 corporation (a for-profit or non-profit corporation) or if during the term of this Agreement, 4 the CONTRACTOR changes its status to operate as a corporation. Members of the 5 CONTRACTOR's Board of Directors shall disclose any self-dealing transactions that 6 they are a party to while CONTRACTOR is providing goods or performing services 7 under this Agreement. A self-dealing transaction shall mean a transaction to which the 8 CONTRACTOR is a party and in which one or more of its directors has a material 9 financial interest. Members of the Board of Directors shall disclose any self-dealing 10 transactions that they are a party to by completing and signing a Self-Dealing 11 Transaction Disclosure Form (Attachment "B" hereto), and submitting it to COUNTY 12 prior to commencing with the self-dealing transaction or immediately thereafter. 13 XXVI. SEVERABILITY: 14 Should any provision herein be found or deemed to be invalid, this Agreement 15 shall be construed as not containing such provision, and all other provisions which are 16 otherwise lawful shall remain in full force and effect, and to this end the provisions of 17 this Agreement are hereby declared to be severable. 18 19 20 21 22 23 24 25 26 27 28 20 I IN WITNESS WHEREOF, the parties have executed this Agreement on the date 2 set forth above. 3 4 CONTRACTOR COUNTY OF FRESNO TETRA TECH BAS, INC. 5 1360 VALLEY VISTA DRIVE DIAMOND B R, CA 91765 6 By: 7 C Fi ncial Officer Ernest Buddy Mendes, Chairman Board of Supervisors 8 9 ATTEST: 10 Bernice E. Seidel, Clerk REVI!WE ND RECOMMENDED Board of Supervisors 11 FOR PP �. 12 K By: Bern d JAedez,Int' rim Director Deputy 13 Departm-en Pu lic orks and Planning 14 15 APPROVED AS TO LEGAL FORM 16 Daniel C. Cederborg County Co sel 17 � C 18 By. Deputy 19 20 APPROVED AS TO ACCOUNTING FORM 21 Vicki Crow, C.P.A. Auditor-Controller/Treasurer-Tax 22 Collector 23 By: DD2 24 D rpGty 25 FOR ACCOUNTING USE ONLY 26 Fund: 0700 Subclass: 15000 27 Org. No.: 9026 Account: 7295 28 21 _ � ll sue:=, U � $ , . I REQUEST FOR lr ATION OPERATION & MAINTENANCE OF LANDFILL GAS COLLECTION SYSTEM - AADS Issue Date.- December 30, 2015 Closing Date: FEBRUARY 5 2016 u®tatiart+riEi be considered LA7 when the offic€at Purchasin time clock reads 2:00 P.M. c1mestions regarding this RFQ should he directed to: Jennifer Anderson, e-mail coup�rypur�ca^h�eaegs�i11 p °mac`€ jrpep�rg��®quc� , s qor �?phone ,�(659))&6 -M O. Check County of Fresno r"urch inn'� 9Rebsite at !! :.vv .cca.fresnc.ca.t s�0 01 ids6 ic�si arra ,. s for any future addenda, Please submit it all Quotations to: County of Fresno— Purchasing 26 F. Hamilton Avenue, 2„d Fier Fresno, CA 93702-4699 FBIDIDER TO COMPLETE Undersigned agrees to furnish the commodity or service stipulated in the attached response at the prices and terms stated,subject to the attached "County of Fresno Purchasing Standard Instructions And Conditions For Requests For.Proposals(RFP's)And Requests For Quotations(RFQ's)". Except as noted on individual items,the following will apply to all items in the Quotation Schedule: A cash discount of % days will apply. Tetra Tech SAS, Inc. COMPANY 1360 Valley Vista Drive ADDRESS Diamond Bar California 91765 CITY STATE ZIP CODE f ) 909.860.7777 _909,860,8017 1wiiliarn bas.com TELEPNON BER _._. -n._._. FACSIMILE NUMBER E-MAIL.ADDRESS Z (I BLUE INK) i Chief Financial Officer NAME TITLE Purchasing Use:JA:hrs QRG/Requisition:902619261600070 GaPublictRF0FY 2015.161968.5419 Op&Mntce of Landfill Gas Coll Sys-AADS1968-5419 Op&Wce of Landfill Gas Coll Sys-AADS.doc PD-010(11/2015) Quotation Hlo. 968-5419 ����������� ������ �������0&�y� �~-~-.. ` . ~-- ~ ~._~-._ PURCHASING STANDARD INSTRUCTIONS AND CONDITIONS FOR REQUESTS FOR PROPOSALS (RFPpS)AND REQUESTS FOR QUOTATIONS (RF0`S) Note:the reference to"bids"in the following paragraphs applies to RFP's and RFQ's ������������� ���������==������� ��m=m�=~�rvr��� ����o���mm ���m��� By submitting o bid the bidder agrees hu the following conditions. These conditions will apply to all subsequent purchases based on this bid. 1. BID PREPARATION: contact for discussions or information pertaining to the RFP/RFU, Cun��wi1hanyu�hnrCuun�mp�oen��,e.in�udinge|o��oo' A} All ph000and n�obunomust be�pedo,writ�ninink. No erasures �r�epurpoon�diaouooing�io RFP/R�O.i�nun�n�urony-- permitted. Eno�may becmsned out,inifia|od and ooneo�onsphn�d issue concerning it. is prohibited on|oso authorized by Purchasing. other ininkbypu�onai0ninQbid� Vio|aUon ��� dauo*. hymo vendor he�n0unao�oh�d contact ---� B) Brand Names: Brand names and nomhom when given are for (verbally orin writing)with such other County representatives, may reference. Equal items will ho considered,provided the offer clearly constitute grounds for rejection hy Purchasing of the vendor's quotation. dooxhbou the article and how it differs from that specified. In the The obmm stated restriction on vendor contact with County absence of such information it shall bo understood the offering is exactly representatives shall apply until the County has awarded apurchase as specified. ' order orcontract toa vendor or vendors,except as follows,First,inthe C} State brand or make of each item. K bidding on other than specified, event that a vendor iniUateso formal protest against the RFP/RFQ.such state maka, modol and brand being bid and attach supporting vendor may contact the appropriate individual,ur individuals who are |iterotu/e/speuifi cations to the bid. managing that protest aa outlined in the Cuunty'o established protest procedures.All such contact must boin accordance with the sequence D> Bid on each item separately. Prices should bv stated in units specified set forth under the protest procedures. Second,in the event upublic ` herein. All applicable charges must bo quoted;charges on invoice not hearing is scheduled before the Board of Supervisors 1ohoa,kmtmony quoted herein will bodisa(|ow*d h bda }� purchase order �o d � prior oopms uou mm oror000�o.unyvono,moy B Time of delivery ioupart of the consideration and must ho stated io address the Board. definite terms and must boadhered to.F.OB.Point shall bo destination D) Bids received after the closing time will NOT boconsidered. or freight charges must hestated. E) Bidders are to bid what b specified or requested first.If unable toor F) All bids most be dated and signed with thofinm's name and by an unwilling to, bidder may hid alternative or ophon, indicating all authorized officer oremployee. advantages,disadvantages and their associated cost, G) Unless otherwise noted, prices shall bofimn for one hundred eighty 3 FAILURE TOBID: (180)days after closing date of bid. A) |f not bidding,return bid sheet and state reason forno bid oryou,name 2. SUBMITTING BIDS: may bo removed from mailing list, A) Each bid must be submitted on forms provided in o sealed 4. TAXES,CHARGES AND EXTRAS: envelope/package with bid number and closing date and time onthe outside d the onvelopa/packa0o. A) Countyof Fresno isouMo*to California sales and/or use tax 0225m>. �oaooind\n��ooaoopanmo|inoi�m�app|kmNo� B) |n�mm��on:Should any d�xmpandonorom�oionoho�undin�o bid specifications ur doubt aoto their meaning,the bidder shall notify [V DO NOT include Fodond Excise Tax. County is exempt under the Buyer in writing atonce. The County shall not bo held responsible Registration No.84-73-034O1-K. for verbal interpretatonn �um�onxegan8n0�obidmu�boe�kmd� C) County is exempt from Federal Transportation Tax. Exemption by Purchasing stated within this document.All addenda issued shall be certificate is not required where shipping papers show consignee ao in writing,duly issued by Purchasing and incorporated into the contract. County of Fresno. C) ISSUING AGENT/AUTHORIZED CONTACT�ThioRFP/RFOhos�en� D} Charges for transportation,containers, packing,etc.will not bopaid issued by County of Fresno, Purchasing. Purchasing aho|| be the unless specified inbid. vendor's sole point of contact with regard to the RFP/RFO.its content, and all issues concerning it. 5. W-9 — REQUEST FOR TAXPAYER IDENTIFICATION NUMBER AND CERT|F|CAT0N&CAUF0RN�FORM D9OYV|THHOLD|NGEXEMPTION A|| oommunio��nmDo�in0N� RF�RFOshaUbodien�d � an CERTIFICATE: au�oh�dmpnmon�8e�C000�Pvnhauing.The xpon�cbuyer ( managing this RFP/RFOis identified on the cover poUo.o|ongwithhio Upon award of bid' the vendor shall submit to County Purchasing, a o,her telephone number,and hoo,she should bo the primary point of completed IRS Form W-9-Request for Taxpayer Idenfification N umber and a\puauo\nFC8pY2o1o'1G\oou'o*1oopuwwTcEOFU\wDF|u GAS oouoYn AAomaou-5*1Sop&MNToEoF LAN opiu GAS oOuoYo'**oD,Doo 1A Quotation No. 0,68-5419 Certification and a California Form 590 Withholding Exemption Certificate if default.Vendorshall reimburse County for expenses related todelivery not currently a County of Fresno approved vendor. of non-specified goods or services. 6. AWARDS: C) 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 A) Award(s) will be made to the most responsive responsible bidder; to delivery and such loss,injury or destruction shall not release vendor however, the Fresno County Local Vendor Preference and/or the from any obligation hereunder. Disabled Veteran Business Enterprise Preference shall take precedence when applicable. Said Preferences apply onlyto Request 11. DISCOUNTS: for Quotations for materials, equipment and/or supplies only (no services);the preference do not apply to Request for Proposals.RFQ Terms of less than fifteen(15)days for cash payment will be considered as ilab net in evaluating this bid.A discount for payment within fifteen(15)days or evaluations will include such things as life-cycle cost, availability, delivery costs and whose product and/or service is deemed to it the more will be considered in determining the award of bid.Discount period will best interest of the County. The County shall be the sole judge in commence either the later of delivery or receipt of invoice by the County, making such determination. Standard terms are Net forty-five(45)days. B) Unless bidder gives notice of all-or-none award in bid, County may 12. SPECIAL CONDITIONS IN BID SCHEDULE SUPERSEDE GENERAL accept any item,group of items or on the basis of total bid. CONDITIONS: C) The County reserves the right to reject any and all bids and to waive The"General Conditions"provisions of this RFP/RFQ shall be superseded if informalities or irregularities in bids. in conflict with any other section of this bid,to the extentof any such conflict. D) Award Notices are tentative:Acceptance of an offer made in response 13. SPECIAL REQUIREMENT: to this RFP/RFQ shall occur only upon execution of an agreement by With the invoice or within twenty-five(25)days of delivery,the seller must both parties or issuance of a valid written Purchase Order by Fresno provide to the County a Material Safety Data Sheet foreach product,which County Purchasing. contains any substance on "The List of 800 Hazardous Substances", E) After award,all bids shall be open to public inspection.The County published by the State Director of Industrial Relations. (See Hazardous assumes no responsibility for the confidentiality of information offeredin Substances Information and Training Act, California State Labor Code a bid. Sections 6360 through 6399.7.) 7. TIE BIDS: 14. RECYCLED PRODUCTS/MATERIALS: All other factors being equal,the contract shall be awarded to the Fresno Vendors are encouraged to provide and quote(with documentation)recycled County vendor or,if neither or both are Fresno County vendors,it may be or recyclable products/materials which meet stated specifications. awarded by the flip of a coin in the presence of witnesses or the entire bid 15. YEAR COMPLIANCE WARRANTY: may be rejected and re-bid.If the General Requirements of the RFQstatethat they are applicable, the provisions of the Fresno County Local Vendor Vendorwarrants thatany product furnished pursuant to this Ag reementlorder Preference shall take priority over this paragraph. shall support a four-digit year format and be able to accurately process date and time data from,into and between the twentieth and twenty-first centuries, 8. PATENT INDEMNITY: as well as leap year calculations."Product"shall include,without limitation, The vendor shall hold the County, its officers, agents and employees, any piece or component of equipment, hardware, firmware, middleware, harmlessfromliabilityofanynatureorkind,including costs and expenses,for custom or commercial software, or internal components or subroutines infringement or use of anycopyrighted or un-copyrighted composition,secret therein. This warranty shall survive termination or expiration of this process,patented or unpatented invention,article or appliance furnished or Agreement. used in connection with this bid. In the event of any decrease in product functionality or accuracy related to 9. SAMPLES: time and/or date data related codes and/or internal subroutines thatimpede the productfrom operating correctly using dates beyond December 31,1999, Samples,when required,must be furnished and delivered free and,if not vendorshall restore orrepairthe productto the same level of functionality as destroyed by tests,will upon written request(within thirty(30)days of bid warranted herein,so as to minimize interruption to County's ongoing business closing date)be returned at the bidder's expense.In the absence of such process, time being of the essence. In the event that such warranty notification,County shall have the right to dispose of the samples in whatever compliance requires the acquisition of additional programs,the expense for manner it deems appropriate. any such associated or additional acquisitions, which may be required, 10. RIGHTS AND REMEDIES OF COUNTY FOR DEFAULT: including,without limitation,data conversion tools,shall be borne exclusively by vendor.Nothing in this warranty shall be construed to limit any rights or A) In case of default by vendor,the County may procure the articles or remedies the County may otherwise have under this Agreementwith respect service from another source and may recover the cost difference and to defects other than year performance, related expenses occasioned thereby from any unpaid balance due the 16. PARTICIPATION: vendor or by proceeding against performance bond of the vendor,if any,or by suit against the vendor.The prices paid by the County shall Bidder may agree to extend the terms of the resulting contract to other be considered the prevailing market price at the time such purchase is political subdivision,municipalities and tax-supported agencies. made. Such participating Governmental bodies shall make purchases in their own B) Articles or services, which upon delivery inspection do not meet name,make payment directly to bidder,and be liable directly to the bidder, specifications,will be rejected and the vendor will be considered in holding the County of Fresno harmless. G:IPUBLICIRFQIFY 2015-161968-5419 OP&MNTCE OF LANDFILL GAS COLL SYS-AADS1968-5419 OP&MNTCE OF LANDFILL GAS COLL SYS-AADS.DOC 18 Quotation No. 968m5 19 17. CONFIDENTIALITY: under this contract.Such records shall be complete and available to Fresno All services performed by vendor shall be in strict conformance with all County, the State of California, the federal government or their duly applicable Federal, State of California and/or local laws and regulations authorized representatives for the purpose of audit,examination,or copying relating confidentiality,including but not limited to,California Civil Code, during the term of the contract and for a period of at least three(3)years following the County's final payment under the contractor until conclusion of California Welfare and Institutions Code,Health and Safely Code,California any pending matter(e.g.,litigation or audit),whicheveris later.Such records Code of Regulations,Code of Federal Regulations. must be retained in the mannerdescribed above until all pending matters are Vendor shall submit to County's monitoring of said compliance. closed. Vendor may be a business associate of County,as that term is defined in the 21, DISCLOSURE—CRIMINAL HISTORY&CIVIL ACTIONS: "Privacy Rule"enacted by the Health Insurance Portability and Accountability Applies to Request for Proposal (RFP); does not apply to Request for Act of 1996(HIPAA).As a HIPAA Business Associate,vendor may use or Quotation(RFQ)unless specifically stated elsewhere in the RFQ document. disclose protected health information("PHI")to perform functions,activities or services for or on behalf of County as specified by the County,provided that In their proposal,the bidder is required to disclose I any of the following such use or disclosure shall not violate HIPAA and its implementing conditions apply to them,their owners, officers, corporate managers and regulations.The uses and disclosures if PHI may not be more expansive than partners(hereinafter collectively referred to as"Bidder"): those applicable to County,as the"Covered Entity"under HIPAA's Privacy Within the three-year period preceding the proposal,they have been Rule, except as authorized for management, administrative or legal responsibilities of the Business Associate, convicted of,or had a civil judgment rendered against them for: Vendor shall not use or further disclose PHI other than as permitted or o fraud or a criminal offense in connection with obtaining, required by the County,or as required by law without written notice to the attempting to obtain,or performing a public(federal,state,or County. local)transaction or contract under a public transaction; Vendor shall ensure that any agent,including any subcontractor,to which o violation of a federal or state antitrust statute; vendor provides PHI received from,or created or received by the vendor on o embezzlement, theft, forgery, bribery, falsification, or behalf of County,shall comply with the same restrictions and conditions with destruction of records;or respect to such information. 18. APPEALS: o false statements or receipt of stolen property Appeals must be submitted in writing within seven(7)working days after Within a three-year period preceding their proposal,they have had a public notification of proposed recommendations for award.A"Notice of Award"is transaction(federal,state,or local)terminated for cause or default, not an indication of County's acceptance of an offer made in response to this 22. DATA SECURITY: RFPIRFO.Appeals should be submitted to County of Fresno Purchasing, 4525 E.Hamilton Avenue,Fresno,California 93702-4599 and in Wordformat Individuals and/or agencies that enter into a contractual relationship with the to 4cornuellebco.fresno.ca.us.Appeals should address only areas regarding COUNTY for the purpose of providing services must employ adequate RFP(RFQ contradictions,procurement errors,quotation rating discrepancies, controls and data security measures,both internally and externally to ensure legality of procurement context,conflict of interest,and inappropriate orunfair and protectthe confidential information and/ordata provided to contractorby competitive procurement grievance regarding the RFP/RFQ process. the COUNTY,preventing the potential loss,misappropriation or inadvertent access,viewing,use or disclosure of COUNTY data including sensitive or Purchasing will provide a written response to the complainant within seven(7) personal client information;abuse of COUNTY resources;andlordisruptionto working days unless the complainant is notified more time is required. COUNTY operations. If the protesting bidderis not satisfied with the decision of Purchasing,he/she Individuals and/or agencies may not connect to or use COUNTY shall have the right to appeal to the Purchasing Agent/CAO within seven(7) networks/systems via personally owned mobile,wireless orhandhelddevices working days after Purchasing's notification; except if, notified to appeal unless authorized by COUNTY for telecommuting purposes and provide a directly to the Board of Supervisors at the scheduled date and time. secure connection;up to date virus protection and mobile devices must have Ifthe protesting bidder is not satisfied with Purchasing Agent/CAO's decision, the remote wipe feature enabled. Computers or computer peripherals the final appeal is with the Board of Supervisors. 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 19, OBLIGATIONS OF CONTRACTOR: authorization from COUNTY's Chief Information Officer and/or designee(s). A) CONTRACTOR shall perform as required by the ensuing contract. No storage of COUNTY's private,confidential or sensitive data on any hard- CONTRACTOR also warrants on behalf of itself and all subcontractors disk drive, portable storage device or remote storage installation unless engaged for the performance of the ensuing contract that only persons encrypted according to advance encryption standards(AES of 128 bit or authorized to work in the United States pursuant to the Immigration higher). Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder. The COUNTY will immediately be notified of any violations,breaches or potential breaches of security related to COUNTY's confidential information, B) CONTRACTOR shall obey all Federal,State,local and special district data and/or data processing equipment which stores or processes COUNTY laws,ordinances and regulations. data,internally or externally. 20. AUDITS&RETENTION: COUNTY shall provide oversight to Contractor's response to all incidents The Contractor shall maintain in good and legible condition all books, arising from a possible breach of security related to COUNTY's confidential documents,papers,data files and other records related to its performance client information, Contractor will be responsible to issue any notification to G:IPUBLICIRFQIFY 2015-161968-5419 OP&MNTCE OF LANDFILL GAS COLL SYS-AADS1968-5419 OP&MNTCE OF LANDFILL GAS COLL SYS-AADS.DOC 1C uotaUorl No. 9 41 affected individuals as required by law or as deemed necessary by COUNTY term of this agreement.Failure to conform to this provision will be grounds for in its sole discretion. Contractorwill be responsible for all costs incurred as a contract termination at the option of the County of Fresno." result of providing the required notification. The above provision shall be applied to renewal ormulti-yearcontracts with 23. PURCHASING LOCATION&HOURS: non-profit organizations which primarily serve Fresno County and Fresno County Purchasing is located at 4525 E.Hamilton Avenue(second professional services contracts where floor), Fresno, CA 93702. Non-holiday hours of operation are Monday Fresno County is the sole client,such as: through Friday,8:00 A.M.to 12:00 Noon and 1:00 P.M.to 5:00 P.M.PST; Purchasing is closed daily from 12:00 Noon to 1:00 P.M. The following Community based organization service contracts related to social holiday office closure schedule is observed: services,health services,or probation services. January 1* New Year's Day ® Cultural art program contracts. O Professional services contracts. Third Monday in January Martin Luther King,Jr.'s Birthday This policy will not apply to contracts between the County and the Federal or Third Monday in February Washington-Lincoln Day State governments; or one-time contracts. The Board of Supervisors will consider exemptions to this policy only upon the recommendation of the March 31* Cesar Chavei Birthday County Administrative Office. Last Monday in May Memorial Day Management Responsibility: It shall be the responsibility of any County July 4* Independence Day official authorized by the Board of Supervisors to execute contracts or enter into agreements on behalf of the County to review all applicable contracts to First Monday in September Labor Day insure that this policy is fully enforced. November 11* Veteran's Day It shall be the responsibility of the County Administrative Officer to review requests for exemptions to this policy and to make recommendations to the Fourth Thursday in November Thanksgiving Day Board of Supervisors on such requests for exemption. Friday following Thanksgiving ADMINISTRATIVE POLICY NUMBER 34 December 25* Christmas Competitive Bids and Requests for Proposals * When this date falls on a Saturday, the holiday is observed the Fresno County Administrative Policy No.34 provides that no person,firm preceding Friday. If the date falls on a Sunday,the holiday is observed or subsidiary thereof who has been awarded a consulting servicescontractby the following Monday. the County,may submit a bid for,or be awarded a contract for,the provision of services, procurement of goods or supplies,or any other related action 24. FRESNO COUNTY BOARD OF SUPERVISORS ADMINISTRATIVE which is required,suggested,or otherwise deemed appropriate in the end product of the consulting services contract. Any bidder that wishes an POLICIES: exemption from this contract limitation must set forth the request for ADMINISTRATIVE POLICY NUMBER 5 exemption,as well as a complete explanation of why the exemption should be granted,in the bidder's response to the RFP.Only theBoard of Supervisors, Contract Salary Limitation Fresno on a four-fifths(4/5)vote finding that such waiver is in the best interests of the County Administrative Policy No.5 provides that in contracts with non- County,can waive this policy. profit organizations that primarily serve Fresno County and professional Definitions:Purchasing Authority and Responsibility-In accordance with the service contracts where Fresno County is the sole client,the contractors must State of California Government Code Section 25500 etseq.,and the Fresno agree to the following contract language: "The contractor agrees to limit County Ordinance Code Chapter 2,56, the Board of Supervisors has administrative cost to a maximum of 15%of the total program budget and to established a County Purchasing Agent. The Board has designated the limit employee benefits to a maximum of 20% of total salaries for those County Administrative Officer as the Purchasing Agent. Unless otherwise employees working under this agreement during the term of the agreement. restricted,all necessary authority and responsibility has been delegated to the Failure to conform to this provision will be grounds for contract termination at Purchasing Agent to satisfy the acquisition requirements of the County.The the option of the County of Fresno."Any bidder that wishes an exemption Purchasing Agent may defer day-to-day acquisition management to the from this contract requirements must set forth the request for exemption,as Purchasing Manager as appropriate. well as a complete explanation of why the exemption should be granted,in the bidder's response to the RFP.Only the Board of Supervisors can approve Policy Statement: Competitive bids or requests for proposals shall be such exemption. secured for all contracts for goods or services which are proposed to be acquired by the County except when in unusual or extraordinary Policy Statement: Contractors shall be limited to a maximum 15% circumstances, a department head, requests an exception to competitive administrative cost as compared to the total program budget and employee bidding.All such requests must be documented by the department head benefits shall be limited to a maximum of 20%of salaries. including a detailed description of the facts justifying the exception.The The following language will be included in each applicable contract: request must receive concurrence of the procurement authority who will sign that particular contract i.e, the Board of Supervisors or Purchasing "The contractor agrees to limit administrative cost to a maximum of 15%of AgentlPurchasing Manager.The following circumstances are exampleswhich the total program budget and to limit employee benefits to a maximum of 20% constitute"Suspension of Competition": of total salaries for those employees working under this agreement during the G:IPUBLIC1RFQiFY 2015-161968-5419 OP&MNTCE OF LANDFILL GAS COLL SYS-AADSi968-5419 OP&MNTCE OF LANDFILL GAS COLL SYS-AADS.DOC 1 D Quotation No. 96 -5 a19 In an emergency when goods or services are immediately neoessaryfor Prohibited Bids Concerning End Product of Consulting Contracts the preservation of the public health, welfare, or safety, or for the No person,firm,or subsidiary thereof who has been awarded a consulting protection of County property. services contract by the County,shall be awarded a contractforthe provision When the contract is with a federal,state,or local governmental agency. of services, procurement of goods or supplies, or any other related action which is required,suggested,or otherwise deemed appropriate in the end ® When the department head,with the concurrence of the Purchasing product of the consulting services contract.This policy may be waived by the Agent,finds that the cost of preparing and administering a competitive Board of Supervisors on a four-fifths(4/5)vote finding that such waiver is in bidding process in a particular case will equal or exceed the estimated the best interests of the County. contract amount or$1,000 whichever is more. Management Responsibility: The County Administrative Officer is ® When a contract provides only for payment of per diem and travel responsible for preparing and issuing written procedures to assure expenses and there is to be no payment for services rendered. compliance with this policy by all County officials and departments. o When obtaining the services of expert witnesses for litigation or special ADMINISTRATIVE POLICY NUMBER 71 counsel to assist the County. Prohibiting the Use of Public Funds for Political Advocacy ® When in unusual or extraordinary circumstances, the Board of Supervisors or the Purchasing Agent/Purchasing Manager determines Fresno County Administrative Policy No. 71 provides that no County that the best interests of the County would be served by not securing assets,including money,shall be used for political campaigns of any type, competitive bids or issuing a request for proposal. Political campaigns are defined as political advocacy for or opposition to a matter or person that has qualified for the ballot.No contract entered into by Contracts for services should not usually cover a period of more than one the County shall provide for use of County monies for political campaigns. year although a longer period may be approved in unusual circumstances. Multiple year contracts must include provisions foreariy termination and must Policy Statement:Government assets,including money,grant funds,paid be contingent on available funding.Unless exempted as provided for above, staff time,equipment and supplies,facilities or any other government asset no contract for service shall extend,either by original contract or byextension, shall not be used for political campaigns of any type.Political campaigns are beyond three years unless competitive bids have been sought or a Request defined as political advocacy for or opposition to a matter or person that has for Proposal has been processed. qualified for the ballot. During any competitive bidding procedure,all bids shall be opened publicly Management Responsibility:Department Heads shall be held responsible and the dollar amount of each bid shall be read aloud.Under no circumstance for ensuring that government assets within their control are not used to shall a bid which is received at the designated place of opening after the advocate for or against any matter or person that has qualified for the ballot. closing time be opened or considered. This section does not prohibitthe expenditure of government assets to create- Contracts for goods or services shall not be effective until approved by the and provide informational oreducational materials regarding amatterthathas Board of Supervisors or, if appropriate,the Purchasing Agent/Purchasing qualified for the ballot.Such information oreducational materialsshall provide Manager. Contractors and vendors shall be advised by the responsible a fair,accurate and impartial presentation of relevant information relating to department head that performance under the contract may not commence the matter that has qualified for the ballot.However,government assets shall prior to such approval. not be expended to create and provide such informational or educational materials in the 90 days priorto the election unless specifically authorized by Medical Professional Contracts the Board of Supervisors or required by the Public Records Act or other law. The competitive recruitment process, annual performance evaluation,and periodic salary surveys are equivalent to competitive bids for independent physicians contracting with the County on a fee for service basis. A salary survey for physician services shall be conducted every two years. Contracts for physician services shall not extend,either by original contractor by extension,beyond five years unless competitive bids have been sought or unless exempted as provided above. Contracts for Legal Services The competitive recruitment process,annual performance evaluation,and periodic salary surveys are equivalentto competitive bids for independentlaw firms and attorneys contracting with the County on a fee for service basis. A salary survey for legal services shall be conducted every two years. The selection of and contracting with firms to provide legal services shall be coordinated through the County Counsel's Office,The County Counsel shall assist in securing a law firm with the requisite legal expertise and price structure that would provide the best service to the County.County Counsel shall be involved throughout the process of selecting a firm,developing a contract, and monitoring the billing and services provided throughout the contract period. G:IPUBLIC1RFQtFY 2015-161968-5419 OF&MNTCE OF LANDFILL GAS COLL SYS-AADS1968-5419 OP&MNTCE OF LANDFILL GAS COLL SYS-AADS.DOC 1E Quotation ®. 968-5419 Page 2 TABLE OF CONTEN TS PAGE KEYDATES .....-........................................................... .................................................3 BIDDING INSTRUCTIONS..................... ......................-............ ..................... .............4 PARTICIPATION........................................................................................................... 14 DIR ACKNOWLEDGEMENT......... .............................. ........... .................................... 14 REFERENCELIST........................................................................................................ 15 SCOPEOF WORK........................................................................................................ 16 QUOTATION SCHEDULE...... ..................-............ .......................... ................... 22 CHECKLIST ....................................................................—............... ........--- 25 ATTACHMENTS A-E............................ ............ ............. ..........—................................26 G:\PUBLIC\RFQ\FY 2015-16\968.5419 OP&IVINTCE OF LANDFILL GAS COLL SYS-AADS1968-5419 OP&MNTCE OF LANDFILL GAS COLL SYS-AADS.DOC Quotation No. 968-5419 Page 3 KEY DATES RFQ Issue Date, December 30, 2015 Vendor Conference: January 14, 2016 at 9:00 A.M. Vendors are to contact Jennifer American Avenue Disposal Site Anderson at(559) 600-7115 if planning 18950 W. American Ave to attend vendor conference. Kerman, CA 93630 Site Inspection January 14, 2016 Immediately Following Vendor Conference American Avenue Disposal Site 18950 W. American Ave Kerman, CA 93630 Deadline for Written Requests for January 20, 2016 at 10 A.M. Interpretations or Corrections of RFQ: E-Mail: �_QqntyPu ch@!Cing@ fresnogauq ,c 1G. RFQ Closing Date: February 4, 2016 at 2:00 P.M. County of Fresno Purchasing 4525 E. Hamilton Avenue, 2"d Floor Fresno, CA 93702 GAPUBLICRFUY 2015-1068-5419 OF&MNTCE OF LANDFILL GAS COLL SYS-AAM968-5419 OF&MNTCE OF LANDFILL GAS COLL SYS-AADS.DOC Quotation No. 68®5 ,19 Page 4 BIDDING INSTRUCTIONS The County of Fresno is soliciting bids to establish an agreement under which the successful bidder will provide the labor, equipment, instrumentation, and materials to operate and maintain the landfill gas collection/control systems. 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). ISSUING AGENT: 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. 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 at the scheduled Vendor Conference (see below). Any change in the RFQ will be made only by written addendum, duly issued by the County. The County will not be responsible for any other explanations or interpretations. Questions may be submitted subsequent to the Vendor Conference, subject to the following conditions: a. Such questions are submitted in writing to County Purchasing by January 20, 2016, 10:00 A.M.cut-off. Questions must be directed to the attention of the buyer identified on page one. b. Such questions are submitted with the understanding that County can respond only to questions it considers material in nature. Questions shall be delivered to County of Fresno Purchasing,4525 E. Hamilton Avenue, Fresno, CA 93702 or email: CountvPurchasinQ@co.fresno.ca.us. NOTE:The bidder is encouraged to submit all questions at the Vendor Conference. Time limitations can prevent a response to questions submitted after the conference. 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. 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. AUTHORIZED CONTACT: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, it 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 G:TUBLICIRFQIFY 2 01 5-1 619 6 8.5419 OF&MNTCE OF LANDFILL GAS COLL SYS-AADS1968-5419 OF&MNTCE OF LANDFILL GAS COLL SYS-AADS.DOC Quotation No. 968-5419 Page 5 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. SITE INSPECTION/VENDOR CONFERENCE: 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. The date inspection will be held as follows: DATE: January 14,2016 TIME: 9:00 A.M. LOCATION: 18950 W American Ave Kerman, CA 93630 VENDOR CONFERENCE: On January 14, 2016 at 9:00 A.M.,a vendor's conference will be held in which the scope of the project and quotation requirements will be explained. The meeting will be held at American Avenue Disposal Site, 18950 W.American Ave., Ferman,CA 93630. Addendum will be prepared and distributed to all bidders only If necessary to clarify substantive items raised during the bidders'conference. Bidders are to contact Jennifer Anderson at County of Fresno Purchasing,(569)600-7115, if they are planning to attend the conference. 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. CODES AND REGULATIONS: All work and material to conform to all applicable state and local building and other codes and regulations. - NUMBER OF COPIES: Submit one (1) original and two(2)copies of your quotation no later than the quotation closing date and time as stated on the front of this document to County of Fresno Purchasing. Each copy to be identical to the original, include all supporting documentation (e.g. literature, brochures, reports, schedules etc.). The cover page of each quotation is to be appropriately marked"Original"or"Copy". FIRM QUOTATION: All quotations shall remain firm for at least ninety(90) days. TAXES: The quoted amount must include all applicable taxes. If taxes are not specifically identified in the quotation it will be assumed that they are included in the total quoted. SALES TAX: Fresno County pays California State Sales Tax in the amount of 8.225% 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. 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. QUOTATION REJECTION: Failure to respond to all questions or not to supply the requested information could result in rejection of your quotation. BIDDERS' LIABILITIES: County of Fresno will not be held liable for any cost incurred by vendors in responding to the RFQ. G:IPUBLICIRFQiFY 2015-161958-5419 OP&MNTCE OF LANDFILL GAS COLL SYS-AADS1968-5419 OP&MNTCE OF LANDFILL GAS COLL SYS-AADS.DOC Quotation No. 968-5419 Page 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 a maximum 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. 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. EXCEPTIONS: Identify with explanation, any terms, conditions, specifications or stipulations of the RFQ with which you CAN NOT or WILL NOT comply. 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. SUBCONTRACTORS: If a subcontractor is proposed, complete identification of the subcontractor and his tasks shall be provided. The primary contractor is not relieved of any responsibility by virtue of using a subcontractor. 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,Attn: Landfill Operations Manager, 2220 Tulare St., 61h Floor, Fresno, CA 93721. Reference shall be made to the purchase order/contract number and equipment number if applicable on the invoice. G:IPUBLICIRFQIFY 2015-161968-5419 OP&MNTCE OF LANDFILL GAS COLL SYS-AADS1968-5419 OP 8 MNTCE OF LANDFILL GAS COLL SYS-AADS.DOC Quotation NO. 68-5419 Page 7 PAYMENT: Upon satisfactory completion of work,specified herein and approval by the County, payment will be made in full. Terms of payment will be net forty-five (45) days. County will consider the Bidder's Cash discount Offer, as previously stated under the General Terms and Conditions in lieu of the net forty-five(45) days payment terms. CONTRACT TERM: It is Countv's intent to contract with the successful bidder for a terra of three(3) ears. 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&Planning—Resources. 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 perfdrm 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 County shall comply with all applicable provisions of law and the rules and regulations, if any,of governmental authorities having jurisdiction over m atters 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, 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, 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 GAPUBLICIRFOTY 2015-161968-5419 OF&MNTCE OF LANDFILL GAS COLL SYS-AADS1968-5419 OF&MINTCE OF LANDFILL GAS COLL SYS-AADS.DOC Quotation No. 968~5419 Page 8 ' 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. 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. CLEANUP; 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 ot job site(when eAmUng) atno expense to the successful bidder. Successful bidder will berequired, however, to provide piping,fittings and other items as necessary to bring water and power from existing service ho 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 mat�rial 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 matariel and workmanship or require its correction. SUPERVISION: The Contractor shall give efficient supervision to the work, using therein the skill and diligence ' for which heia remunerated |n 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 ba performed|na good and workmanlike manner. SAFEGUARDS: The contractor shall provide safeguards, in conformity with all local codes and ordinances as may berequired. 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 O|R and have not met this requirement. Please refer 0o for more information. This requirement, found|n Labor Code Sections 1725.G and 177O-17777. now applies ho 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-reaponske. 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. The prevailing wage rates for all hours worked, including holiday and overtime rates, on this project are onfile with the Purchasing Department,4525 E. Hamilton Avenue, Fresno, California 93702, and are herein G:\Puouc`nFc8rv2V1o'1*\9ou'o41oop&KImTneop LANDFILL GAS nOuovo'*Aoanoo'o41oopaMwTnsoF LANDFILL GAS nnuoYo'xAoo.non Quotation No. 968~5419 Page 9 ' incorporated by this reference. Information pertaining tm applicable Prevailing Wage Rates may be found on the webmhe for the State of California—Department of Industrial Relations: . Information pertaining to applicable prevailing wage rates for apprentices may be found on the website for the State of California—Department of Industrial Relations: 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, |n 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 mrsubcontractor. Contractor and each subcontractor shall keep an accurate record showing the names, address, social security number, work classification, straight time and overfime hours worked each day and week, and the actual per them 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 177G. 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 peormed 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 Re|at|ons, including but not limited 10 the Division of Labor Standards Enforcement. Contractor shall provide the Certified Payroll Records for each pay period within ten (10)days, as required herein,to the County of Fresno, Public Works& Planning-Resources,Attn: Landfill Operations Manager, 2220 Tulare St..6mFloor, Fresno,CA 93721, <n the event Contractor fails to provide the Certified Payroll Records within the allotted time frame,the County may, in addition to other remedies it may have, suspend or terminate this Agreement upon the occurrence of such event. INSURANCE: Without limiting the COUNTYo right toobtain indemnification from CONTRACTOR or any third parties, CONTRACTOR, ot 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 Liabili : Commercial General Liability Insurance with limits of not less than One Million Dollars($1.00D.00O) per occurrence and en annual aggregate of Two Million Dollars($2.000.BQD). This policy shall be issued ona per occurrence basis. COUNTY may require specific coverages including completed operations,products liability,contractual liability, Explosion-Collapse-Unclerground,fire legal liability or any other liability insurance deemed necessary because of the nature of this contract. B. Automobile Liability: Comprehensive Automobile Liability Insurance with limits for bodily injury of not less than Two Hundred Fifty Thousand Dollars($250,000.00) per person, Five Hundred Thousand Dollars ($500,000.00) per accident and for property damages of not less than Fifty Thousand Dollars ($50,000.00), or such coverage with a combined single limit of Five Hundred Thousand Dollars ($500.000.00). Coverage should include owned and non-owned vehicles used in connection with this Agreement. C. Professional Liabilitv: If CONTRACTOR employs licensed professional staff, (e.g, Ph.D., R.N.. LC.S.VV, ( / M.F.C.C.) in providing services, Professional Liability Insurance with limits of not less than One Million ~_. Dollars ($1.000.80U.00) per occurrence, Three Million Dollars($3.Q8O.8OO.00) annual aggregate. Quotation No. 968-5419 Page 10 D. Worker's Compensation: A policy of Worker's Compensation insurance as may be required by the California Labor Code. 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. 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& Planning-Resources,Attn: Landfill Operations Manager,2220 Tulare St.,61' 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. 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. EPAYIWIENT OPTION: The County of Fresno provides an Epay Program which involves payment of invoices by a secure Visa account number assigned to the supplier after award of contract. Notification of payments and required invoice information are issued to the supplier's designated Accounts Receivable contact by e-mail remittance advice at time of payment. To learn more about the benefits of an Epay Program, how it works,and obtain answers to frequently asked questions, click or copy and paste the following URL into your browser: www.bankofamerica.com/epaayablesvendors or call Fresno County Accounts Payable, 559-600-3609. G:\PUBLIC\RFQ\FY 2015-16\968-5419 OP&MNTCE OF LANDFILL GAS COLL SYS-AADS\968-5419 OP&MNTCE OF LANDFILL GAS COLL SYS-AADS.DOC Quotation No. 968-5419 Page I I ~_. BIDDER TO COMPLETE: Name of Insurance Carrier: Producer Aon Risk Insurance Services West, Inc. Public Liability: National Union Fire Insurance CnofPittsburgh Expires: 10/1/16 Automotive Insurance: National Union Fire Insurance C»»fPittsburgh Expires: 101/16 Worker's Compensation: Insurance Company nf the State nfPennsylvania Expires: 18/1/16 Proof nfmaintenance of adequate insurance will be required before award is made to vendor. GUARANTEE: The bidder shall state his written guarantee here: Tetra Tech BAS guarantees all aspects of its work for a one year period. This project involves operations and maintenance of existing eymtamn. In the event repairs/replacements are made to existing equipment as a part of non routine services,guarantees will be dependent upon replaced component, and the corresponding manufacturer's requirements. GUARANTEED PICK UPAND/OR DELIVERY: Bidder will be considered in award of bid only iy they can ouarantee. Enter auarantee on this line (i.e. number of days from receiDt of order to deliverv): This project involves operations and maintenance of existing systems. !n the event repairs/replacements are made existing ipart of non routineservices, &y dpiokup/de|ivorymi!!beUependentuponrap|aced component,and t orresponding manufacturers requirements. i ure in Blue Ink) WAORANTY ANO SERVICE LOCATION. State-tfie warranty and/or guarantee provisions applicable to this equipment or attach warranty form with your bid Tetra Tech BAS guarantees all aspects of its work for a period of one year. This project involves operations and maintenance of existing systems, In the event repairs I replacements are made to existing equipment as a part of non routine services, warranty/provisions will bo dependent upon replaced component, and the corresponding manufacturer's requirements. State specific location,where service and/or maintenance can be obtained. Failure tm furnish this information will be cause for rejection of bid, This project involves operation and maintenance of existing systems. |n the event repairs/replacements are made to existing equipment as a part of non routine services, location where service/maintenance can be obtained will be dependent upon replaced component, and corresponding manufacturer's requirements, 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 |iet, indicate applicable price column and give effective deha of price list here: No discount offered. Prices on additional items will be based on successful bidder's firm discount prices from manufacturer's ( ���� enclosed published price list. Quotation No. 968~5419 Page 12 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 hm 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. State Purchase Order mailing address: 1360 Valley Vista Drive, Diamond Bar,California 91765 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: Best Environmental S i Source Testing 8CEC Source Testing Roberts Environmental Services RES Surface Emissions Modeling Air Technology-Labonyiory Testing \Associated Compressor Equipment Service 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 contracto r's License, Class A-General Engineering or another license class that covers the work tubeperformed. The proposal mum1 indicate the license held bythe bidder, which enables him/her to perform the work. Number and Class: License Number 572O17 -Class A HAZ C57 Date ufIssue* Issued June 28 1989 Bidder must also submit verification of Contractor's License from the Department of'Consurner Affairs- Contractors' State License Board. Failure tn submit verifivationmay result in bidder's response being considered non-responsive. BONDS: PERFORMANCE BOND: The successful bidders may be required to furnish a faithful performance bond. BONDS: The successful bidder will be required to furnish a Faithful Performance Bond and a Labor and Materials Bond in an amount equal to one hundred percent(1100%) of the contract price. BONDING COMPANY: The company issuing bonds shall bea corporate surety admitted by the California Insurance Commissioner to do business in the State of California with an A.M Best rating of B++Vill 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. G:\PumUc\RFcxFY015-16\968'541eoP&MwTcsOFewopuLcaac0uaYa'»AoS\968-5419opawwTcsoF|AwDF|LLoxGcouaYa ^*oaooc Quotation No. 66-5419 Page 13 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. 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. 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 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. G:IPUBLICIRFQIFY 2015-16t968-5419 OP&MNTCE OF LANDFILL GAS COLL SYS-AADS1968-5419 OP&MNTCE OF LANDFILL GAS COLL SYS-AADS.DOC Quotation No. 968~5419 Page U , BIDDER TO COMPLETE THE FOLLOWING: ����0�~���������������� � ���� � ����� �� � ����� The County of Fresno ioa member of the Central Valley Purchasing Group. This group consists ofFresno, 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 nf Fresno harmless, |f 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 U '` UPurchasing Group and other tax supported agencies. No,we will not exte nd contract terms to any agency other than the County of Fresno.7 (Authorized Signature in Blue Ink) - � Je"r Willi h' inancial Officer Title ����� 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 S8854 legislation will be complied with. Attached is verification of the D|Rregistration. (Authorized Signature in Blue Ink) Title D|R# 1OQO0Ui425 DIR Number `_� Q,,,jotation No. 91,`�8-5419 Page 15 VENDOR MUST COMPLETE AND RETURN-WATH REQUEST FOR QtU9 Q112& Firm: 'Tetra Tech BAS REFERENCE LIST Provide a list of at least five (5) customers for whom you have recently provided similar prod ucts/services. Be sure to include all requested information. Reference Name: County of Stanislaus Contact: Jami Aggers Address: 3800 Cornucopia Way, Ste. C City: Modesto State: CA Zip: 95358 Phone No,: ( 209 ) 535-6768 Date: 2012- Present Service Provided: Operation, maintenance, and monitoring of landfill gas collection and control system at Geer Road Landfill. Includes non-routine/emergency services, qqd1Rqrffittin9_and design of modifications expansions of landfill qas system. Reference Name: County of Madera Contact Ahamad M. Alkhayytat Address: 2037 W. Cleveland Avenue City: Madera State: CA Zip: 93637 Phone No.: 559 ) 675-7811 ext. 3527 Date: 2013-Present Service Provided: Operation, maintenance, and rnonitorin oflandfill_9R!j collection and control system at Fairmead Landfill, Includes non-routine/emergency services, and permitting and desig of modifications/expansions of landfill gas system. Reference Name: City of Anaheim Contact: Stephen Stoewer Address: 201 South Anaheim Blvd#1003 City: Anaheim State: CA Zip: 928,05 Phone No.: ( 714 765-4338 Date: 2011 -Present Service Provided: 02eration, maintenance, and monitoring of landfill cias collection and control system at Sparks,Anderson and Rains Pit landfills. Includes non-routine/emergency services, and initial permitting and design of landfill gass stem. 1-0-- 1111-1 I',I'l'I'll,.,v"e. , m.',n i,,., IN-,,",",—� "11 ,;,,�,'11-1 --�11-,4, 4 , '11,111,11-1, Reference Name: OC Waste& Recycling Contact: Jeff Southern Address: 300 N. Flower Street Suite 400, Santa Ana, CA 92703 City: Santa Ana State: CA Zip: 92703 Phone No.: ( 714 834-4147 Date: 2001 -Present Service Provided: Operation, maintenance, and monitoring of landfill gas collection and control systems at Frank OC Waste& Recvclinq's South and Central Reqion landfills. Includes non-routine /emergency services. e"I A r��,W(6.3r I,�,-"4" o Reference Name: City of Phoenix Contact: Marty Arambel Address: 3060 S 27th Avenue City: Phoenix State: AZ Zip: 85009 Phone No.: 602 534-1157 Date: Service Provided: Operation, maintenance, and monitoring of landfill gas collection and control S stem at Skunk Creek, SR85 and 1 9th Avenue landfills. Includes non-routine/emergency services, and permitting and design of modifications/expansions of landfill gas system. Failure to provide a list of at least five (5) customers may be cause for rejection of this RFQ. G:\PUBLIC\RFQkFY 2015-1068-5419 OP&MNTCE OF LANDFILL GAS COLL SYS-AADS1968-5419 OF&MNTCE OF LANDFILL GAS COLL SYS-AADS.DOC Quotation No. 968-5419 Page 16 SCOPE OF WORK The Public Works and Planning Department of the County of Fresno (County) is requesting quotations for the following work to be performed at the American Avenue Disposal Site: The Site is in rural central Fresno County, approximately 17 miles west of the City of Fresno on American Avenue, between Highway 145 and Placer Avenue (Attachment A). The Site address is 18950 West American Avenue in Kerman, California 93630. The Site is an existing disposal facility owned and operated by the County of Fresno Public Works and Planning Department. The Site totals 440 acres with 367 acres permitted for waste disposal. The existing LFGCCS includes 11 vertical wells installed in the inactive Fill Area I,67 vertical wells(dual completion wells counted as two) installed and 8 Leachate Collection and Recovery System riser connections in the inactive, Fill Area 11 (Attachment ), and 7 vertical wells installed in Fill Area III. The County anticipates approximately 22 additional landfill gas(LFG)wells to be installed in Fill Area 11, and Fill Area 111. The number of additional wells to be installed is currently in the design phase and is subject to change. The design proposes an additional 10 vertical wells in Fill Area 11, 12 vertical wells in Fill Area III with construction scheduled to be completed by summer 2016. The existing and proposed vertical wells are 6 inches in diameter with 4 inch diameter extensions as necessary to facilitate operations and are constructed of high- density polyethylene (HDPE) pipe. Well boreholes are typically 30 inches in diameter and range in (original, pre-extension) installation depths of 36 to 89 feet. The LFG header and laterals are constructed of fusion-welded HDPE pipe,varying in size from 4 to 24 inches in diameter. Most of the collection system header and lateral piping in Fill Area 11 is installed above-grade except for: a lateral that is sub-grade of a haul road in two locations for connection of EW-21 and EW-22 to the LFGCCS and; a short length of 24—inch diameter header to the east of the Self Hauler Disposal and Recycling Facility,where the header passes under the paved road before entering the flare station. Most of the 18" LFGCCS conveyance header from Fill Area III to the junction of the 12" Fill Area If header is installed sub- grade. The 18" header located on the Fill Area III waste mass is installed above-grade. The LFG collected by the LFGCCS is conveyed to the flare stations via the 12-inch HDPE header. The flare stations are located to the west of the scalehouse, between Fill Areas I and 11. The flaring system is comprised of two blower skids(gas moving equipment), vertical ground flares, condensate injection systems, and the air compressors. The enclosed ground Flare No. 1 is manufactured by the John Zink Company and is 8 feet in diameter and 40 feet high. The flare is rated for a maximum heat output of 51 MMBT/hr. Enclosed ground flare No.2 is manufactured by LFG Specialties, L.L.C. and is 11 feet in diameter and 60 feet high. Flare 2 is rated for a maximum heat output of 99 MMBTU/hr. The Site is operated under the conditions of Title V Permit No. C- 3115-2-13, et.al.(Attachment C). The LFG moving equipment for Flare No. 1 consists of two multi-stage centrifugal blowers with a rated capacity of 1,700 scfm each. The blowers are connected in parallel configuration and one blower operates at a time while the other is used as a standby. Flare No. 2 LFG moving equipment consists of three multi-stage centrifugal blowers with a rated capacity of 1,650 scfm each, of which two can operate simultaneously with the third used as a standby. Condensate collected in the LFG headers is drained into five automatic pneumatic condensate sumps adjacent to the Fill Area 11,one located on the northern side, one located on the western side, one located on the south eastern side and two located immediately north of the flare (Attachment ). Two air compressors (one operating and the other as a standby); located in the flare station,furnish compressed air to the pump in each sump. The condensate collected in these five sumps is pumped into a 3,150-gallon double-walled condensate storage tank. Condensate is disposed of by injecting it into Flare No. 1 or Flare No. 2 using high- pressure electric centrifugal pumps installed in parallel,with one operating and the other as a standby. The County is seeking a contractor to provide the labor, equipment, instrumentation, and materials to operate and maintain the LFGCCS. 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 G:\PUBLIC\RFQIFY2015-16\968-5419 OF&MNTCE OF LANDFILL GAS COLL SYS-AADS\968-5419 OP&MNTCE OF LANDFILL GAS COLL SYS-AADS,DOC Quotation No. 968-5419 Page 17 three years. All actions will be required to comply with all necessary components of the New Source Performance Standards/Emissions Guidelines(NSPS/EG), state, local regulations and permits, as well as with the site specific Startup, Shutdown, and Malfunction Plan (SSM) (Attachment D) and,Title V and Air Emission Related Submittals(Attachment C). Tasks 1,2, 3 and 4 will be performed on a flat rate basis; Extra services 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. Task 5 and Extra Services will require written authorization prior to commencement of work with the exception of emergency services. Emergency services will only be performed after verbal authorization from Fresno County staff, to be followed by a written authorization confirmation. Task 1 Routine LFGCCS operation, monitoring, maintenance, and reporting Task 2 LFG surface emissions testing and reporting 1. Annual testing in accordance with California Code of Regulations(CCR)Title 17 §95460 et. al. requirements using: a. 25-foot intervals b. 100-foot intervals 2. Annual Reporting 3. Quarterly testing in accordance with CCR 17§95460 et. al. requirements using: a. 25-foot intervals b. 100-foot intervals 4. Quarterly reporting Task 3 Annual LFG Flare Source Test(FST) Task 4 Report preparation (Semi-annual Report of Required Monitoring, Semi-Annual NSPS Reporting, Annual Compliance Certificate) Task 5 Consultation/regulatory agency response Extra Services Tasks 1 through 4 are to be quoted based on the frequencies required under the NSPS/EG and CCR 17 §95460 et.al. Task 5 and Extra Services will be based on the contractor's hourly rate schedule and material cost or proposal submittal. A schedule fisting the date and time for all Tasks and Extra Services (excluding authorized emergency services)shall be provided to the County no later than 48 hours in advance of initiation of the Task. Task 1 Routine LFGCCS operation,monitoring, maintenance and reporting as required by 40 CFR 60 (NSPS and EG) and CCR 17 §95460 et. al,will include, at a minimum,the following services: 1. Operation -Biweekly 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 500 parts per million. The initial biweekly operation event shall occur within t2 calendar days of notice to proceed with the second biweekly operation event occurring 14 days t 2 days of the first biweekly operation event, etc. All blower/flare adjustments will be made by County staff to the settings requested by the contractor during the contractor's performance of duties associated with this scope of work. The County will have staff available during the contractors visit to the site for the purpose of blower/flare adjustments. G:TUBLIC\RFQ\FY 2015-16\968-5419 OP&MNTCE OF LANDFILL GAS COLL SYS-AADS\968-5419 OP&MNTCE OF LANDFILL GAS COLL SYS-AADS.DOC Quotation No. 966®5 19 Page 16 2. Monitoring-Monthly The blower/flare stations will be inspected and, at a minimum, 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.) LFG blower operating inlet and outlet temperatures and pressures Methane, oxygen, and carbon dioxide gas concentrations at the flare inlet LFG flow rate to flare Flow control valve positions Well head monitoring per the NSPS/EG and CCR 17§95460 et. al LFG extraction wells will be monitored. Extraction wells adjusted in response to system balancing activities will be re-inspected within two weeks. At a minimum,the following data will be collected and recorded in a database during monthly monitoring and during any re-inspections for each well: 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 (where applicable) Deader vacuum (where applicable) LFG temperature Comments, action or inaction taken Where applicable, main header line access ports will be tested for pressure. These results will also be recorded in a database and analyzed for trends indicating possible condensate blockage and/or pipe breakage, 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 3. Monitoring -Quarterly Once each quarter, on-site structures will be monitored in accordance with CCR 27§20931 — §20933 et. seq. The contractor will document the testing protocols followed, instrument calibration procedures, and any locations where methane readings in 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 the County. In addition, the following data shall be recorded: ® Monthly monitoring activities 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 WPUBLIC\RFQ\FY 2015-161968-5419 OF&MNTCE OF LANDFILL GAS COLL SYS-AADS\968-5419 OF&MNTCE OF LANDFILL GAS COLL SYS-AADS.DOC Quotation No. 966-6419 Page 19 4. Maintenance—Monthly Routine maintenance for the flare/blower stations shall be performed by County staff. Additionally, the County will maintain a parts inventory for exclusive use at the Site for the repair of the LFGCCS. The following maintenance,at a minimum, shall be performed for the remaining LFGCCS: Verify operation of LFG condensate traps Inspect well connections to LFG conveyance lines. ® Verify valve operation of LFG wells. Promptly notify the County of any non-functioning equipment. Immediately notify the County of any non-functioning safety related equipment, unsafe or non- compliant LFGCCS conditions. 5. Maintenance -Quarterly Monthly maintenance activities Inspect entire LFG conveyance system for missing/damaged/broken/leaking pipes,joints, appurtenances, safety equipment(rebar caps,valves, etc.), etc. Inspect LFGCCS isolation valves for proper operation 6. Maintenance-Annually Quarterly activities 9, At project inception and annually thereafter, prepare and inventory a mutually agreed upon list of critical spare parts for repair and maintenance. 7. Reporting-Monthly Once each month (due by the last business day of the following month)the contractor will prepare a detailed report containing the observations and data collected, and a summary of all monitoring and maintenance activities performed at the Site during the reporting period. Maintenance repairs and/or system modifications will also be recommended as required. Task 2 Surface Emission Testing and Deporting 1. Annual Testing a. (25-foot intervals) Surface emissions testing will be conducted in accordance with CCR17 §95471 et.seq. This requirement(in part) stipulates that landfills be divided into 50,000 square foot grids,with a 25 foot spacing interval for the walking pattern for the surface emission test. b. (100-foot intervals) Surface emissions testing as provided for in CCR17§ 95471 et.seq., increase in the walking pattern spacing to 100-foot intervals. 2. Annual Reporting After the testing event, a draft report will be prepared and submitted to the County within 30 days of the surface emission testing. 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 CCR 17§95470 et. seq. Upon approval from the County finalize and submit the reports to the appropriate agencies. G:\PUBLIC\RFOIFY2015-16\968-5419 OP&MNTCE OF LANDFILL GAS COLL SYS-AADS\968-5419 OP&MNTCE OF LANDFILL GAS COLL SYS-AADS.DOC Quotation No. 968-5419 Pagg20 3. Quarterly Testing a. (25-footintervals) Surface emissions testing will be conducted in accordance with CCR17§95471 et seq. This requirement(in part) stipulates that landfills be divided into 50,000 square foot grids,with a 25 foot spacing interval for the walking pattern for the surface emission test. b. (100-foctlnterxalm) Surface emissions testing as provided for in CCR1 7 §95471 et. seq., increase in the walking pattern spacing to1U8-fnotintervals. 4. Quarterly Reporting After the testing event, a draft report will be prepared and submitted to the County within 30 days of the surface emission test. The report will detail equipment calibration procedures, sample location, and results of emissions testing along with any recommendations for further action in addition to all applicable reporting requirements contained in CCR 17 §95470 et. seq. Upon approval from the County finalize and submit the reports to the appropriate agencies. Task Annual LFG Flare No. 1 and Flare No. 2 Source Test(FST) 1. Annual Testing This task includes preparing and submitting a draft FST work plan to the County a minimum of 60 days prior to the scheduled FST. Upon County approval, submit the final FST work plan tothe County a minimum of4O days prior to the scheduled FSTdate. The FSTdode(e)will be coordinated with The County prior to work plan submittal to San Joaquin Valley Air Pollution Control District(APCD). Upon County approval, submit the FST work plan toAPCD� perform the FST in accordance with the APCD approved work plan; and submit a FST summary reporl:(s), . meeting all the NSPS/EG and Title V permit requirements,to the County within 40 days of ` completion o/the FST. Once the final F3T report ie final, submit the report(n)ho the appropriate agencies. The flares shall be pretested for system performance one day prior to the scheduled FST. Any necessary adjustments to optimize system performance shall be made at that time. Task 4 Preparation nf other NSPS/EG and Title'8Reports This task will include the preparation of other reports required under the Site's Title V permit and any reports required under the NSPS/EG and CCR 17 §95470 et. seq. (Attachment E) not included in Tasks 2or3above. These reports include: 1. Semi-Annual New Source Performance Standards(NSp8) Reports 2. Semi-Annual Startup,Shutdown and Malfunction Plan (SS08) Reports 3. Semi-Annual Report mf Required Monitoring (RRAM) 4. Annual Compliance Certificate S. Annual Landfill Methane Rule(LMR) G. Annual Mandatory Reporting Rule (K0MFK).via e-GRRT Draft reports will be completed and forwarded to the County for review and approval at least 15 days prior to the required regulatory submittal date as specified in the relevant permits and Attachment C. Upon approval from the County finalize and submit the reports to the appropriate agencies. Task 5 -The Consultation/Regulatory Agency Response scope of work may include, but is not limited to the following: * Analysis of the Site to determine applicability of regulations (e)dsting or proposed)to the site. ° Responses and/or comments prepared on behalf of the County to be submitted to a . regulatory agency regarding the Site. -- ~ Petitions prepared on behalf of the County to be submitted to a regulatory agency regarding the Site. GPuouoIRMT,2o1u-1amoo-5wonpamwTcenp LANDFILL GAS coua,a AAoS\y68'o41onpawwTcenp LANDFILL GAS cnun,n AADa.onc Quotation No. 968-5419 Page 21 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. Extra Services An Extra Service is any service that is not covered under basic services. Extra services may include, but is not limited to non-routine maintenance or emergency service. 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 County staff. Non-routine maintenance may include, but is not limited to the following: o Completion of preventative maintenance or scheduled maintenance on blower skid and/or flare components in accordance with the manufacturer's recommendations o Remediation and retesting of emissions in excess of 500 ppm of methane at the landfill surface or along the gas transfer path o Raising or connection of wellheads; connection of laterals, or header lines o Repairing or replacing non-functional extraction wells, lateral or header lines o Repairing or replacing sample or access ports on extraction wells,lateral or header lines o Assisting with APCD or other regulatory agency site inspections This work is essential for proper 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 written scope of work and not-to-exceed quote to the County for all non- routine scheduled maintenance. Work will only be performed after authorization from the County to the contractor. For items requiring less than 8 hours labor or$300 worth of material,such authorization may be granted verbally. For any other items, written authorization will be required prior to accomplishment of the work. Emergency Service Emergency services must be initiated onsite within eight(8) hours of County's notification to Contractor. Emergency service is service that is required to provide immediate response to protect life, property and the environment or to restore the LFGCCS operations. These events may include, but are not limited to: o Emergency requests due to Site telemetry alarms or at request of County staff o Loss of gas flow or flare ignition o Odor complaints o Repair of main header lines(causing loss of gas flow to blower/flare station) o Notification to APCD 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, 365 days per year. Emergency service will be performed only after verbal authorization from County staff, but to be followed by written authorization. GIPUBLICIRFOTY 2015-161968-5419 OP&MNTCE OF LANDFILL GAS COLL SYS-AADS1968-5419 OP&MNTCE OF LANDFILL GAS COLL SYS-AADS.DOC Quotation No. 968-5419 Page 22 QUOTATION SCHEDULE Company Name: Tetra Tech BAS All labor, materials, equipment, service fees,taxes,travel, permits, etc, to provide all work and associated services to perform Task 1,Task 2,Task 3, and Task 4 as specified under this Request for Quotation. The bid award will be based on the combined fees of Task 1, 213, 2D, 3 and 4. Task I —Routine landfill gas system operation, monitoring and maintenance. TOTAL ANNUAL FEE Operation (biweekly) $158.69 X 26 = $4126 Biweekly Rate Monitoring (monthly) $1,231.33 X 12 = $14,776 Monthly Rate Monitoring (quarterly) $295 X 4 = $1,180 Quarterly Rate Maintenance (monthly) $245 X 12 = $2,940 Monthly Rate Maintenance(quarterly) $155 X 4 = $620 Quarterly Rate Maintenance(annually) $276 X 1 = $276 Annual Rate Reporting (monthly) $631 X 12 = $7,572 Monthly Rate TOTAL FEES ONE YEAR-TASK 1 $31,490 Task 2—Annual Landfill gas surface emissions testing and reporting in accordance with CCR17 §96471 et.seq. requirements with 26-foot intervals. TOTAL ANNUAL FEE Annual testing (25-foot intervals) $7,326 X 1 = $7,326 Annual Rate Annual Reporting $970 X 1 = $970 Annual Rate TOTAL FEES ONE YEAR-TASK 218 $8,296 Task 2—Annual Landfill gas surface emissions testing and reporting in accordance with CCR17 §964711 et.seq. requirements with 100-foot Intervals. TOTAL ANNUAL FEE Annual testing (1 00-foot intervals) $7,326 X 1 = $7,326 Annual Rate Annual Reporting $970 X 1 = $970 Annual Rate TOTAL FEES ONE YEAR-TASK 2C $8,296 G:\PUBLIC\RFQ\FY2015-16\968-5419 OP&MNTCE OF LANDFILL GAS COLL SYS-AADSffi8-5419 OP&MNTCE OF LANDFILL GAS COLL SYS-AADS.DOC Quotation No. 968-5419 Page 23 Task 2—Quarterly Landfill gas surface emissions testing and reporting in accordance with CCR17 §96471 et.seq. requirements with 25-foot intervals. TOTAL ANNUAL FEE Quarterly Testing (25-foot intervals) $7,260 X 4 = $29,040 Quarterly Rate Quarterly Reporting $970 X 4 = $3,880 Quarterly Rate TOTAL FEES ONE YEAR-TASK 2D $32,920 Task 2—Quarterly Landfill gas surface emissions testing and reporting in accordance with CCRI 7 §95471 et.seq. requirements with 100-foot intervals. TOTAL ANNUAL FEE Quarterly Testing (1 00-foot intervals) $7,260 X 4 = $29,040 Quarterly Rate Quarterly Reporting $970 X 4 = $3,830 Quarterly Rate TOTAL FEES ONE YEAR-TASK 2E $32,920 Task 3—Annual LFG Flare No. I and Flare, No. 2 Source Test(FST) TOTAL ANNUAL FEE Annual Testing $10,806 x 1 = $10,806 Annual Rate TOTAL FEES ONE YEAR JASK 3 $10,806 Task 4—Report preparation (Semi-annual NSPS,SSM, RRM,Annual Compliance Certificate,LMR,MMR Reporting) TOTAL ANNUAL FEE Semi-Annual NSPS Reports monitoring $764 X 2 = $ 1,528 Semi-Annual Rate Semi-Annual SSM Reports $236 X 2 = $472 Semi-Annual Rate Semi-Annual RRM Reports $764 X 2 = $ 1,528 Semi-Annual Rate Annual Compliance Certificate $146 X 1 = $146 Annual Rate Annual LMR $764 X 1 = $764 Annual Rate Annual MMR $764 x I = $764 Annual Rate TOTAL FEES ONE YEAR JASK 4 $5,202 SUMMARY-TOTAL FEES ONE YEAR(25-foot intervals-TASK 1,2B,21),3,and 4 $88,714 SUMMARY-TOTAL FEES ONE YEAR(100-foot intervals-TASK 1,2C,2E,3,and 4 $88,714 G:\PUBLIC\RFQ\FY 2015-161968-5419 OP&IVINTCE OF LANDFILL GAS COLL SYS-AADS1968-5419 OP&MNTCE OF LANDFILL GAS COLL SYS-AADS.DOC Quotation No. 968-5419 Pagg24 ' ]ask 5 Task 5—Coneultaton/regu|atory agency response Consultationlregulatory agency response will be established as a not to exceed item in the agreement based on the contractor's hourly rate schedule and material cost. 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. 1. Non-routine scheduled maintenance(Extra Services) 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 beitemized. The bidder shall provide his/her labor rates and methods used to determine proposal pricing for oquipmont, aemicea, materio|, parts, etc, A. Hourly Rates See Attachment 1 State straight time and overtime rates for all potential personnel classifications that may be used in performing work ea described under Extra Services. Explain when overtime rates will apply. B. Equipment/Parts/Materials SeeAttachment1 State method(s) for determining cost to County for equipment, pada, matoha|e, etc. used in performing Extra Services projects. (i.e. discounts from a published price list(s), cost plus, etc.) � C. OutsideServica CDStPIuo10% State method for determining cost to County for all services rendered by a third party for work performed under Extra Services. 2. Emergency Services (Extra Services) Emergency Services will be performed immediately upon instruction of the County. An advance written proposal from the Contractor will not berequired. An itemized invoice will be required upon completion of each project performed under Extra Services. The bidder shall state his/her labor rates and methods used to determine pricing for equipment, services, materials, parts, etc, when performing work under Extra Services. s:\PoouoRpQ\Fvzo15-/6\96mw/sopawwTceoF LANDFILL GAS cnL mo xAoasso-541sopamwTceor LANDFILL GAS coLLmo xxonooc Quotation No. 968-6419 Page 25 , ���������� 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 ia just a guide|ine,the bidder must read and comply with the bid in its entirety. Checkoff each of the following: 1 X All signatures must be in blue ink. 2. X The Request for Quotation(RFC) has been signed and completed. 3. X One(1)original and Two(2) copies of the RFQ have been provided. 4. )t Addenda, if any, have been completed, signed and included in the bid package. 5. X The completed Reference List aa provided with this RF(]. G. X The Quotation Schedule as provided with this RFQ has been completed, price reviewed for ---- accuracy and any corrections initiated inink. 7. NONE Indicate all of bidder exceptions to the County's requirements, conditions and specifications as ---- stated within this RFO 8. X The Participation page as provided within this RFQ has been signed and included , Q. NA The Local Vendor Bid Preference and Disabled Veteran Business F-Werprise Bid Preference section (if applicable) has been completed signed and included. � 10� X Bidder b/ Complete page eaprovided with this RFCl. 11 /\ Verification of Department of Industrial Relations Contractor Registration. 12. X Verification of Contractor's License and the Department of Consumer Aff airs—Contractors' ---- State License Board. 13, X Specification, descriptions etc.for items offered Linder bidder(s)quotation. ---- Proposal is based upon performance of scope of work described on paqes 16-21 14. X A description of the design and techniques that the bidder will use to complete the project. ----' Proposal is based upon performance of scope of work described unpa.q*m1G-21 15. K Loot|y. nn the L[���ERLEFT H��ND C��RNERof the sealed envelope, bo�etc. transmitting ----- b\d � | � th fo\|o�in infonnmtion your ncu e o � : Closing Date: February 4, 2016 Closing Time: 2:00 P.M. Commodity or Service: Operation&Maintenance of Landfill Gas Collection System-AADS Return Checklist vvith County of Fresno RFQ No. 968-5419 o:\puaun\RpOkFYzo15'1s\9sn-541eopumuTcsnp LANDFILL GAS cnusYs »Aoak968-541eopumwTcsoF LANDFILL GAS coLLsYs ^^osooc COUNTY OF FRESNO ADDENDUM NUMBER,: ONE (1 ) RFQ NUMBER.- 968-5419 OPERATION & MAINTENANCE OF LANDFILL GAS COLLECTION SYSTEM - AADS Issue Date: January 14, 2016 IMPORTANT: SUBMIT CUOTATION IN SEALED PACKAGE VATH QUOTATION NUMBER,CLOSING DAT E AND BUYER'S NAME MARKED CLEARLY ON THE OUTSIDE TO. COUNTY OF FRESNO,PURCHASING 4525 EAST HAMILJON AVENUE,2nl Poor _FRESNO,CA937024599 !,P!!�IIG !�Alr. �"Q PT�A'rlR WILL ns,AT 2-00 P.m., o.4 F C-SRUARY It,. 201 QUOTATION WILL BE CONSIDERED LATE WHEN THE OFFICIAL PUIRCHASING TIME CLOCK READS 2:00 P.M. Awliquotation information will be available for review after contrail award. Clarification of specifications is to be directed to: Jennifer Anderson, phone(669) 600-711 s or e-ma"11, I s I - NOTE THE FOLLOWING AND ATTACHEDD ADDITIONS, DELETIONS AND/OR CHANGES TO THE REQUIREMENTS OF REQUEST FOR QUOTATION NUMBER- 968-5419 AND INCLUDE THEM IN YOUR RESPONSE. PLEASE SIGN IN BLUE INK AND RETURN THIS ADDENDUM WITH YOUR QUOTATION. 01. Is the bid 968-6419 OPERATION&MAINTENANCE OF LANDFILL GAS COLLECTION'SYSTEM—AADS for the construction of the additional wells also or will that bid separately? Al. A: The installation of the additional landfill gas extraction wells referenced in RFQ 968-5419 will be facilitated through a separate consiniction bid from the County of Fresno Depaitnient of Public Works and Planning and will be forthcoming. The additional 22 wells installed in Phase ft referenced in RFQ 968-5419 are actually replacement wells forexisting extraction wells. The design prqposes an additional 10 vertical wells in Fill Area 11, 12 vertical wells in Fill Area /it will) construction scheduled to be completed by late 2016/summer 2017. > Replace"Scope of Work" page 16 with the "Revised Scope of Work" page 16 attached below. COMPANY NAME: Tetra Tech B --- (PRINT) SIGNATURE (in Blue 10,1: ems. Chief Financial Offi^­ NAME &TITLE- (PRINT) Purchasing Use:JA.ssj ORG/Reqjisftlon:9026 192616100070 G:1PUI3LI0RF01FY 2015-16068-5419 OP&MNTCE OF LANDFILL GAS COLL S",'S-AA0S','-_6&5410 ADD I.DOG (10r2015) Addendum No. One (1) Page 2 Request for Quotation Number: 968-5419 JanuM 14, 2016 RMSED SCOPE OF WORK The Public Works and Planning Department of the County of Fresno(County)is requesting quotations for the following work to be performed at[he American Avenue Disposal Site: The Site is in rural central Fresno County,approximately 17 miles west of the City of Fresno on American Avenue, between Highway 145 and Placer Avenue(Attachment A), The She address is 18950 West American Avenue in Kerman,California 93630, The Site is an existing disposal facility owned and operated by the County of Fresno Public Works and Planning Department. The Site totals 440 acres with 367 acres permitted for waste disposal. The existing LFGCCS includes 11 vertical wells installed in the inactive Fill Area 1,67 vertical wells(dual completion wells counted as two)installed and 8 Le ate Collection and Recovery System riser connections in the inactive,Fill Area 11 (Attachment B), and 7 vertical wells installed in Fill Area Ill. The County anticipates approximately 22 additional landfill gas(LFG)wells to be installed in Fill Area 11,and Fill Area Ill, The number of additional wells to be installed is currently in the design phase and is subject to change. The design proposes an additional 10 vertical wells in Fill Area It, 12 vertical wells in rill Area Ill with construction scheduled to be completed by summer 2016. The existing and proposed vertical wells are 6 inches in diameter with 4 inch diameter extensions as necessary to facilitate operations and are constructed of high-density polyethylene(HDPE)pipe, Well boreholes are typically 30 inches in diameter and range in(original,pre-extension)installation depths of 36 to 49 feet. The LFG header and laterals are constructed of fusion-welded HDPE pipe,varying in size from 4 to 24 inches in diameter. Most of the collection system header and lateral piping in Fill Area 11 is installed abovb-grade except for:a lateral that is sub-grade of a haul road in two locations for connection of EW-21 and EW-22 to the LFGCCS and;a short length of 24—inch diameter header to the east of the Self Hauler Disposal and Recycling Facility,where the header passes under the paved road before entering the flare station Most of the 18"LFGCCS conveyance header from Fill Area Ill to the junction of the 12"Fill Area 11 header is installed sub-grade. The 18'header located on the Fill Area Ill waste mass is installed above-grade. The LFG collected by the LFGCCS is conveyed to the flare stations via the 12-inch HDPE header. The flare stations are located to the west of the scalehouse,between Fill Areas I and It. The flaring system is comprised of two blower skids(gas moving equipment),vertical ground flares,condensate injection systems,and the air compressors. The enclosed ground Flare No. 1 is manufactured by the John Zink Company and is 8 feet in diameter and 40 feet high. The Rare is rated for a maximum heat output of 61 MMBT/hr. Enclosed ground flare No,2 is manufactured by LFG Specialties,U.C.and is 11 feet in diameter and 60 feet high. Flare 2 is rated for a maximum heat output of 99 MMSTU/hr. The Site is operated under the conditions of Title V Permit No.C-3115-2.13,et.al,(Attachment C). The LFG moving equipment for Flare No. 1,consists of two multi-stage centrifugal blowers with a rated capacity of 1,700 sc(m each. The blowers are connected in parallel configuration and one blower operates at a time while the other is used as a standby. Flare No.2 LFG moving equipment consists of three multi-stage centrifugal blowers with a rated capacity of 1,650 scfm each,connected in series of which two can operate simultaneously with the third used as a standby. Condensate collected in the LFG headers is drained into eight automatic pneumatic condensate sumps. Four sumps are adjacent to the Fill Area 11,one located on the western side,one located on the south eastern side and two located immediately north of the flare, Three sumps are located along the conveyance header adjacent to the Soil Stockpile Area,one on the southeast side,two on the north side. One sump is located at the current terminus of the header east of Phase Ill Module 2. See Attachment B as reference for approximate locations of the automatic pneumatic condensate sumps, Two air compressors(one operating and the other as a standby);located in the flare station, furnish compressed air to the pump in each sump. The condensate collected in these five sumps is pumped into a 3,150-gallon double-walled condensate storage tank Condensate is disposed of by injecting it into Flare No.1 or Flare No. 2 using high-pressure electric centrifugal pumps installed in parallel,with one operating and the other as a standby. The County is seeking a contractor to provide the labor,equipment,instrumentation,and materials to operate and maintain the LFGCCS. 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 CPA_MNTC1E OF LAN17-IL GAS-COLL SYS 'MDSkW5-19 ADD 1.00C ADDENDUMCOUNTY OF FRESNO . M 2 1 07 PERAT!ON & MAINTENANCE OF LANDFILL GAS L L.E a LON SYSTEM.; ens A D I m IMPORTANT, SUBMIT QUOTATION IN SEALED PACKAGE WITH QUOTATION NUMBER,CLOSING DATE AND BUYER'S NAME MARKED CLEARLY ON THE OUTSIDE TO: COUNTY OF FRESNO,PURCHASING 4525 EAST HA ILTON AVENUE,2rd'Floor _ FRESNO,CA 937024599 O. sI­N�_DATEOF �QUOTATION WILL BE AT -R00 P.m. ON FE .R RY 4, QUOTATION WILL BE CONSIDERED LATE WHEN THE OFFICIAL PURCHASING TIME CLOCK READS 2:00 PAW All quotation information swill be mailable for review after coact mod. w _ Clarification of specificalions is to be directed to: Jennifer Anderson, phone (559)5 -7445 or e-mail Co rtt Fur h�sitt �o�irlas a�,sd NOTE THE FOLLOWING Af3DITION%DELETIONS ANDIOR G IANGES TO—TI IE REQUIREMENTS OF REQUEST FOR UO I"ATIO NUMBER: 968-5 19 AND iN LUDE THEM iN YOUR RESPONSE. PLEASE SIGN IN BLUE INK AND RETURN THIS ADDENDUM WITH YOUR QUOTATION. On the Revised S o Work,replace the eighth(e)paragraph w ith the following: Condensate collected in the LFG headers is drained into eight automatic pneumatic condensate sumps.Four sumps are adjacent to the Fill Area 11,one located on the western side,one located on the south eastern side and two lowted immediately north of the flare.Three sumps are located along the conveyance header adjacent to the Soil Stockpile Area,one on the southeast side,two can the north side.One sump is located at the current terminus of the header east of Phase III Module 2. See Figure 2 as reference for approximate locations of the automatic pneumatic condensate sumps.Two air compressors(one operating and the either as a standby);located in the flare station,furnish compressed air to the pump in each sump.The condensate collected in these eight sumps is pumped into a 3,150m gallon double-wafted condensate storage tank.Condensate is disposed of by injecting it into Flare No 1 or Flare No,2 using high-pressure electric centrifugal pumps installed in parallel,With one operating and the other as a standby. EU __,_ Lam= _ � �v _. COMPANY NAME: 70t Rch-BA- �, . (PRINT) SIGNATURE (In Blue Ink): i iL 4fficpr NAME TITLE: L (PRINT) Purchasing Use:Xhrs ORGIRequisitian,r3Q2619261r�(l{.70 GVUSLVRFWY 201 5.1548€ar 5419 OP MNTCE Of LANDFILL GAS COLL SYS.AADSN968.5419 ADD 2.DO (1017015) JAN 2 201 Ll Or, w. . DiSPOSAL SITE AT AMER11" AN AVEN"" s RFQ�wrn a _68- 1 ATTACHMENT Rate Schedules TETRA�������� �� ��0����� ��� m m�m_m TECH w u�^��.� |36O Valley Vista Drive Diamond Bar, California 91765 (909) 860-7777 SCHEDULE OF CHARGES HOURLY HOURLY PERSONNEL RATE PERSONNEL RATE Administrative Assistant(ADA) $95 Project Accountant/Analyst(AA) $96 CADD Operator(CO) $86 Project Clerk(Q/Typixt(Y) $72 Chief Engineering Technician (CT) $137 Project Coordinator(P[) %1I1 Chief of Survey Parties (C5P) $148 Project Data(Dp)Amord Processing(WP) $85 Construction Engineering Technician (CET) $149 Project Data Analyst(DA) $64 Construction Manager(CM) $183 Project Designer(PD) $156 Construction Supervisor(CS) $157 Project Engitncer/Geo|ogi,t $|48 Designer (DID) $131 Project Manager I (PM-|)/ Engineer V! (E4/|) $171 DividonEn�nrcr(DB �Z(9 Pro}�c�Mnna�er!| (PM-|0/Eo�n�erV-|| (E-V||) $180 ' Drafter(D) $107 Project Manager III (PM'U|) $190 Engincrr(E) $|OZ Project Office Services Clerk(O5) $79 Engineer (E'0 $115 Regulatory Compliance Manager(RCM) $163 . - Engineer U (E'U) $125 Regulatory Compliance Specialist(RS) $1I9 K � Engineer III (E-U0 $86 Regulatory Compliance Specialist U (RS-A) $142 Engineer [Y(E-IV) $146 Senior[ADD Operator(S[O) $95 Engineer V(E-V) $156 Senior Construction Manager(SCM) $I03 Engineering Technician (ET) $47 Senior Designer(5DD) $143 Engineering Technician | (ET'|) $70 Senior Drafter(5[) $/ 17 Engineering Technician || (ET'|{) $83 Senior Engineer(SRE) $ZOU Engineering Technician III (ET'|||) $93 SeniorEngineer/Geo|ogist $184 Engineering Technician (Y(ET'iV) $109 Senior Environmental Scientist(SN3) $168 Engineering Technician V(ET-V) $121 Senior Environmental Specialist(SEQ *148 Environmental Engineer (EE) $93 Senior Project Coordinator (SP[) $141 Environrnenu/! Engineer | (EE-|) $98 Senior Project Designer(SPD) $171 Environmental 5pcux|io(E3) $107 Senior Project Engineer/Geologist $|68 Environmental Specialist| (E5'1) $119 Senior Project Manager(3M) $206 Environmental Specialist|| (E5-}0 $135 Senior Regulatory Compliance Specialist(5RS) $155 Environmental Specialist III (E3-110 $141 Senior Staff Engineer/Geologist $128 Landscape Architect(LA) $142 Senior Technical Editor (5TB $117 Principal (P) $258 SoUdAephult/Fir|dTechnidun $92 Principal Administrator(PA) $209 5oUs/Aepho|t/Fie|dTcchnidun (Prevailing Wage) *107 Principal Engineer (PRE) $2I9 Sta0Enginecr/Geo|ogist $108 Principal Engineer/Geologist $229 Supcn/idngEngineer/Gco|ogist $209 Principal Expert(RK) $281 |-Man Survey Party with GF5 <|M'GPQ $194 Principal Solid Waste Planner(P3W) $229 2-Man Survey Party (SP-2M) $254 � Court Appearance 8E.Kpert Witness, Deposition) Overtime Premium isf0%of Personnel Hourly Rate (Effective October /'20/5 September 30,20/6 Rates Subject m2.5%annual roo/adon RS1600 Page of TETRA TECH lot _, . 1360 Valley Vista Drive Diamond Bar, California 91765 (909) 860-7777 REIMBURSABLE CHARGES Effective October 1,2015-September 30, 2016 (Subject to 25%Annual Escalation) In addition to the above charges for professional services (including routine expenses),we require reimbursement for the following items: F Reproduction/Plotting: Xerox Copies $0.10/page Color Copies $0.50/page Wide Format Copies $0.30/sq.ft. Blueprints $0.50/sq.ft. Bond Plotting-- Black&White $2.00/sq.ft. Bond Plotting--Color $4.00/sq.ft. Vellum Plotting $4.00/sq.ft. Mylar Plotting $5.00/sq.ft. Telefax(Outgoing only): $1.00/page Mileage: Personal Vehicle $0.60/mile Company Vehicle $0.70/mile OR 5%OF TOTAL PERSONNEL FEES Company Vehicles $15.00/hour Survey Vehicles $15.00/hour Other Out-of-Pocket Expenses/Supplies/Travel Cost+ 15% Equipment Usage See Attached Schedule Consultants/Outside Services* Cost+ 15% Construction Services Cost+ 15% Per Diem for Living Expenses Federal Rates CADD Computer Usage $10.00/hour Field Computer Services $40.00/week GPS Survey Equipment Services $40.00/hour RS1600 Page 2 of 3 TETRA TECH ' 1360 Valley Vista Drive Diamond Bar, California 91765 (909) 860-7777 EQUIPMENT RENTAL RATES Effective October 1,2015 -September 30, 2016 (Subject to 2.5%annual escalation) 4 Gas Range Meter CH4, H2S,CO.02 (Sentinel 44) $75 $200 $500 Alpha- l Personal Sampling Pump $75 $200 $500 Disposable Bailer $20/each n/a n/a CO2 Calorimetric Analysis Tubes $40 $125 $250 Downhole Camera 75/hr n/a n/a Dupont Dosimeter Mark-3 (Personal Sample Pump) $50 $150 $300 Flow Calibrator(Gilian) $50 $150 $300 Gas Extraction Monitor(GEM 500/2000/2000 Plus) $125 $350 $900 Lung Sampler(Nutech 218) $100 $300 $800 Mini-Ram Data Logger $40 $125 $250 Mini-Ram Dust Meter $50 $150 $300 Organic Vapor Analyzer(OVA 128) $125 $400 $1,000 Photo Ionization Detector(OVM580B) $125 $400 $1,000 Sample Train (Gas Extraction Pump) $50 $150 $300 Soil Auger/Sampler $30 $90 $180 Sounder(Liquid Level Indicator) $40 $125 $250 Horiba Meter $50 $200 $400 MiniRae 2000 $75 $200 $500 GT Surveyor $75 $200 $500 Groundwater Sampling Equipment $30/hour n/a n/a Company Vehicle $120 $480 $1,250 Field Sampling Supplies: 100/day n/a n/a LEVEL C(Per Person) $150 n/a n/a Respirator with Cartridge(full or half faced) Tyvek Coveralls,Outer Gloves, Glove Liners, Neoprene Boots Sand Cone or Nuclear Density Gauge $8/hour n/a n/a Hand auger and soil sampling equipment $50 n/a n/a BAT Permeameter $180 n/a n/a Inclinometer read unit $400 n/a n/a Floor level manomenter $50 n/a n/a Moisture vapor emission test kit(material only) $40/kit n/a n/a Field inspection kit(camera,film, recorder,GPS) $35 n/a n/a RS1600 Page 3 of 3 Contractor's License Detail for License # 572017 DISCLAIMER:A license status check provides information taken from the CSLB license database. Before relying on this information,you should be aware of the following limitations. CSLB complaint disclosure is restricted by law(B&P 7124.6)If this entity is subject to public complaint disclosure,a link for complaint disclosure will appear below.Click on the link or button to obtain complaint and/or legal action information. Per B&P 7071.17 ,only construction related civil judgments reported to the CSLB are disclosed. Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. Due to workload,there may be relevant information that has not yet been entered onto the Board's license database. Business Information TETRA TECH BAS INC 1360 VALLEY VISTA DRIVE DIAMOND BAR, CA 91765 Business Phone Number:(909)860-7777 Entity Corporation Issue Date 06/28/1989 Expire Date 06/3012017 License Status This license is current and active. If information below should be reviewed. Classifications A-GENERAL ENGINEERING CONTRACTOR C57-WELL DRILLING Certifications HAZ- HAZARDOUS SUBSTANCES REMOVAL Bonding Information Contractor's Bond his license filed a Contractor's Bond with AMERICAN CONTRACTORS INDEMNITY COMPANY. his lice nse on um e * SC1025469 Bond Amount: $15,000 !Effective Date: 01/01/2016 Contractor's Bond History Bond of Qualifying Individual This license filed Bond of Qualifying Individual number 091811384 for MC GREGOR KELLY PAUL in the amount of$12,500 with FIDELITY AND DEPOSIT COMPANY OF MARYLAND. Effective Date: 04/04/2015 1B Ql's Bond History Workers'Compensation .Vs://www2.cslb.ca.gov/OnlineSer-vices/CheckLicensell/LicenseDetail.aspx?LicNum=572017 2/4/201( j D � � m N D N o m Op N O A 0 C O m K' n O D K Z L� rn m K O d o m o 1 Fi N � v w m o o � cn rl m m SELF-DEALING U 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 which one or more of its directors has a material financial interest" The definition above will be utilized for purposes of completing the disclosure form. (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 Codes. (5) Form must be signed by the board member that is involved in the self-dealing transaction described in Sections (3) and (4). Form provided on following page. SELF-DEALING TRANSACTION DISCLOSURE FORM (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: