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HomeMy WebLinkAbout32583 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AGREEMENT FOR ENGINEERING CONTRACTOR SERVICES THIS AGREEMENT made and entered into this ____ day of _______, ____, between the County of Fresno, a political subdivision of the State of California (hereinafter called "COUNTY"), and TETRA TECH BAS, INC., a California corporation, located at 1360 Valley Vista Drive, Diamond Bar, California 91765 (hereinafter called "CONTRACTOR"). WITNESSETH: WHEREAS, the COUNTY requires specialized services to conduct the State and Federal-required operation and maintenance of the landfill gas collection and control system (LFGCCS) at the American Avenue Disposal Site (SITE); and WHEREAS, the CONTRACTOR is qualified and willing to provide the COUNTY the professional services required for this project; NOW, THEREFORE, the parties hereto have and by these presents do agree as follows: I. GENERAL PROVISIONS: A. The COUNTY hereby contracts with the CONTRACTOR as an independent contractor to provide all the services required for the project. Said services are described under Article III herein. B. The CONTRACTOR shall retain such engineering and other subcontractors as CONTRACTOR may require in order to assist in its completion of the work. All subcontractors used by CONTRACTOR shall be approved in writing by the COUNTY before they are retained by the CONTRACTOR, which app roval shall not be unreasonably withheld. Should CONTRACTOR retain such persons, compensation to be paid to CONTRACTOR under Article V below, shall not be increased. C. The CONTRACTOR's services shall be performed as expeditiously as is consistent with professional skill and the orderly progress of the work. D. The contact person for the CONTRACTOR shall be: Jeff Williams (telephone (909) 860-7777, Fax (909) 860-8017). 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 II. DESCRIPTION OF THE WORK COVERED BY THIS AGREEMENT: A. The work covered by this Agreement is for the CONTRACTOR services described in Article III. III. CONTRACTOR’S SERVICES: The CONTRACTOR agrees to provide professional services as described below and more specifically described in the CONTRACTOR’s response to the COUNTY’s Request for Quotation No. 968-5419, which is attached hereto as Attachment “A” and incorporated by this reference as though fully set forth: TASK 1 - ROUTINE LFGCCS OPERATION, MONITORING AND MAINTENANCE Routine LFGCCS operation, monitoring, maintenance and reporting as required by applicable federal and state law and regulation and any site specific permits; TASK 2 - LANDFILL GAS (LFG) SURFACE EMISSIONS TESTING AND REPORTING LFG surface emissions testing and reporting will be conducted in accordance with the applicable provisions of California Code of Regulations Title 17 (including 17 CCR §95471 et seq.) and all applicable reporting requirements contained in 17 CCR §95470 et seq., in addition to New Source Performance Standards/Emission Guidelines (NSPS/EG) requirements; TASK 3 - ANNUAL LANDFILL GAS FLARE SOURCE TEST (FST) Perform and report annual FST; TASK 4 - REPORT PREPARATION This task will include the preparation of reports required under the SITE’s Title V permit and any reports required under the NSPS/EG, to include the Semi-Annual Report of Required Monitoring, the Annual Compliance Certificate, the Semi -Annual New Source Performance Standards (NSPS), and the Startup Shutdown and Malfunction (SSM) Reports; TASK 5 – CONSULTATION/REGULATORY RESPONSE (EXTRA SERVICES) This task may include, but is not limited, to the following: analysis of the SITE to determine applicability of existing or proposed regulations to the SITE; responses, 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 comments or petitions prepared on behalf of the COUNTY to be submitted to a regulatory agency regarding the SITE. This task shall be performed only upon written authorization as maximum (“not to exceed”) amounts for specifically defined services . IV. COUNTY'S OBLIGATIONS: The COUNTY will: A. Compensate the CONTRACTOR as provided in this Agreement. B. Provide a "County Representative" who will represent the COUNTY and who will coordinate with the CONTRACTOR as appropriate to facilitate CONTRACTOR’s performance under the provisions of this Agreement. The County Representative will be the COUNTY’s Director of Department of Public Works and Planning or his/her designee. The CONTRACTOR shall communicate and coordinate with the County Representative who will provide the following services: 1. Examine documents submitted to the COUNTY by the CONTRACTOR and timely render decisions pertaining thereto. 2. Provide communication between the CONTRACTOR and COUNTY officials and commissions (including user Department). 3. Provide right of entry on designated property for accomplishment of authorized work. C. Give reasonably prompt consideration to all matters submitted by the CONTRACTOR for approval, so as to avoid any substantial delays in the CONTRACTOR's performance of the work. An approval, authorization or request to the CONTRACTOR given by the COUNTY will only be binding upon the COUNTY under the terms of this Agreement if in writing and signed on behalf of the COUNTY by the County Representative or a designee. V. COMPENSATION: A. Total Fee: 1. Notwithstanding any other provision in this Agreement, the Total Fee for the services required under Article III shall be limited to a maximum of $168,714 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 annually, comprised of a Basic Fee of $88,714 annually and an Extra Services allocation of $80,000 annually. Accordingly, the maximum cumulative amount of the Total Fee for the original three-year term of the Agreement shall be $506,142 (i.e., $168,714 annually for each of the three years the Agreement is in effect); and it is further hereby provided that if the Agreement is renewed as provided for in Section XXI.B., then the maximum cumulative amount of the Total Fee, Basic Fee and Extra Services allocations shall be increased accordingly, without the need for any amendment of this Agreement. Accordingly, if this Agreement is renewed for one additional year at the conclusion of its original three-year term, the Total Fee hereunder would be $674,856 (i.e., $168,714 annually for each of the four years the Agreement is in effect). Likewise, if the Agreement is renewed for the maximum two additional years, then the maximum cumulative amount of the Total Fee hereunder would be $843,570 (i.e., $168,714 annually for each of the five years the Agreement is in effect). B. Basic Fee: 1. Notwithstanding any other provision in this Agreement, the Basic Fee for the Services required under Article III, Tasks 1, 2, 3 and 4 shall be computed at the cost rates shown in Attachment “A” hereto. Those rates as listed therein for such Basic Fee services shall remain in effect for the entire duration of this Agreement. Within the Total Fee limitation described in Paragraph V.A.1. above, the Maximum Annual Basic Fee shall be divided as follows: Task 1 Routine LFGCCS Operation, Monitoring and Maintenance $31,490.00 Task 2 Surface Emission Monitoring $41,216.00 Task 3 Annual Landfill Gas Flare Source Test (FST) $10,806.00 Task 4 Report Preparation $5,202.00 Total Maximum Annual Basic Fee $88,714.00 2. Upon written agreement and authorization by both County’s Landfill Operations Manager and CONTRACTOR, the amounts listed above for each Task may be redistributed within the limits of the total amount listed for the Annual Basic Fee. 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Provided, however, that any increase(s) in the maximum amount of the Annual Basic Fee for any contract year and/or the cumulative total of the Basic Fee as established in Paragraph V.A.1 above, will require a written amendment to this Agreement, approved by the Board of Supervisors in accordance with the provisions of Article XVI below. C. Extra Services: 1. A maximum allocation of $80,000 annually to pay for authorized Extra Services is provided herein by this Agreement. Payment of Extra Services in excess of $80,000 annually is prohibited except upon a written Amendment to this Agreement pursuant to the provisions of Article XVI hereof. 2. The CONTRACTOR shall not undertake any Extra Services without the advance written authorization of the County Representative. The CONTRACTOR and the COUNTY shall expressly confirm in writing the authorization and maximum cost for any such services before the CONTRACTOR initiates any work thereon. 3. The following are CONTRACTOR services which are considered as not included in Article III herein, but may be required and thus considered Extra Services. a. Providing unforeseen, extraordinary, or unique services, additional LFGCCS maintenance and/or related work required by regulatory agencies or, items not covered or normally included in the Basic Fee, but authorized by the County Representative. b. Extra Services shall be characterized and invoiced under the following heading, as authorized by the County Representative: NON-ROUTINE SCHEDULED MAINTENANCE (EXTRA SERVICES) Non-routine scheduled maintenance consists of corrective repair or maintenance work identified by the CONTRACTOR during regular Site visits or by COUNTY staff. This work is essential for proper LFGCCS operation; however, it is considered work that can be scheduled to allow for procurement of materials or equipment or assignment of personnel. The CONTRACTOR shall provide a not-to-exceed quote to the COUNTY for 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 all non-routine scheduled maintenance and work will only be performed after authorization from the COUNTY to the CONTRACTOR. Written authorization will be required prior to accomplishment of the work; EMERGENCY MAINTENANCE (EXTRA SERVICES) Emergency maintenance is required to provide immediate response to protect life, property, and the environment or to restore system operations. Due to the nature of these items, repairs may have to be initiated as needed, 24 hours per da y, 7 days a week, 365 days per year. Emergency maintenance will only be performed after verbal authorization from COUNTY staff, to be followed by a written authorization confirmation; TASK 5 – CONSULTATION/REGULATORY AGENCY RESPONSE (EXTRA SERVICES) Consultation and/or preparation of response to regulatory agency will be provided as needed and will be based on the CONTRACTOR’s submittal, in writing, of the proposed scope of work and proposed maximum (“not to exceed”) cost for completion thereof. All such proposals shall be submitted to the County in advance of performing any services. The CONTRACTOR will perform services only after receiving from the County Representative written acceptance of the proposal. 4. Fees for Extra Services authorized under non-routine and emergency maintenance as described above shall be computed at the hourly cost rates and material costs shown in CONTRACTOR’S response to COUNTY’s Request for Quotation No. 968-5419 (Attachment “A” hereto, as incorporated herein under Article III above). Fees for Extra Services requested to be provided by CONTRACTOR under Task 5 above shall be authorized as maximum (“not to exceed”) amounts for specifically defined services. 5. Notwithstanding the provisions of Paragraph V.B.1 establishing the hourly rates for Basic Fee services hereunder, the hourly rates for Extra Services may be renegotiated annually at CONTRACTOR’S request by submitting the proposed changes to the County Representative at least sixty (60) days prior to the renewal date 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 of this Agreement. Upon review and written approval of the County Representative, the COUNTY may authorize the change in hourly rates. However, the total amount of the Maximum Annual Basic Fee may not be increased except upon formal written Amendment to this Agreement, approved by COUNTY’s Board of Supervisors in accordance with Article XVI below. 6. In the event COUNTY expressly authorizes Extra Services, CONTRACTOR shall keep complete records showing the hours and description of activities worked by each person who works on the project and all costs and charges applicable to the Extra Services work authorized. Should there be a claim for Extra Services, the CONTRACTOR agrees and acknowledges that the claimant shall specifically identify the activity, performer of the activity, reason for the activity, and COUNTY official requesting the activity, and that failure to do will result in denial of the claim. CONTRACTOR shall be responsible for all sub-consultants keeping similar records. The CONTRACTOR shall not stop the work, including the work in other areas unrelated to the Extra Services request or claim, unless it can be shown the project work cannot proceed while a claim or request for Extra Services is being evaluated. D. Payments: 1. Progress payments will be made by the COUNTY upon receipt and approval of the CONTRACTOR's monthly invoices based on the COUNTY's evaluation of the completion of the respective components of the projects(s). Invoices shall clearly identify each task to which the work pertains, clearly identify charges for tasks authorized as Extra Services, and shall be submitted with the documentation identified in Article V.D.4. Invoices shall be submitted to: Resources Division Attn: Landfill Operations Manager Fresno County Department of Public Works and Planning 2220 Tulare Street, Sixth Floor Fresno, CA 93721-2106 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. Upon receipt of a proper invoice, the COUNTY’s Department of Public Works and Planning will take a maximum of ten (10) working days to revie w, approve, and submit it to the COUNTY’s Auditor-Controller/Treasurer-Tax Collector. Unsatisfactory or inaccurate invoices may be returned to the CONTRACTOR for correction and resubmittal. Payment will be issued to CONTRACTOR within forty (40) calendar days of the date the Auditor-Controller/Treasurer-Tax Collector receives the approved invoice. 3. An unresolved dispute over a possible error or omission may cause payment of CONTRACTOR fees in the disputed amount to be withheld by the COUNTY. 4. Concurrently with the invoices, the CONTRACTOR shall provide its certification acceptable to the COUNTY, and shall provide, on COUNTY request, copies of issued checks, receipts, or other COUNTY pre-approved documentation, that complete payment has been made to all subcontractors as provided herein for all previous invoices paid by the COUNTY. 5. Final invoice shall be submitted to COUNTY no later than sixty (60) days after project is completed. Payment shall not be made until all post-project services are completed, including but not limited to furnishing of required reports. 6. In the event the COUNTY reduces the scope of the project, the CONTRACTOR will be compensated on a pro rata basis for actual work completed and accepted by the COUNTY in accordance with the terms of this Agreement. VI. COMPENSATION RECORDS: The CONTRACTOR shall keep complete records showing the hours and description of activities performed by each person who works on the project and all associated costs or charges applicable to work covered by the Basic Fee and approved Extra Services. The CONTRACTOR will be responsible for all sub-contractors keeping similar records. VII. AUDITS, ACCOUNTING AND INSPECTIONS ACCESS: 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A. The CONTRACTOR shall at any time during regular business hou rs, and as often as the COUNTY may deem necessary, make available to the COUNTY’s Auditor-Controller/Treasurer-Tax Collector, or their authorized representatives for examination all of its records and data with respect to matters covered by this Agreement. The CONTRACTOR shall permit the COUNTY to audit and inspect all invoices, materials, payrolls, records of personnel, conditions of employment, and other data relating to matters covered by this Agreement. B. The CONTRACTOR shall be subject to the examination and audit of the Auditor General for a period of three (3) years after final payment under Agreement (Government Code Section 8546.7) VIII. ERRORS OR OMISSION CLAIMS AND DISPUTES: A. Definitions: 1. A "Consultant" is a duly licensed Architect or Engineer, or other provider of professional services, acting as a business entity (owner, partnership, corporation, joint venture or other business association) in accordance with the terms of an Agreement with the COUNTY. 2. A "Claim" is a demand or assertion by one of the parties seeking, as a matter of right, adjustment or interpretation of contract terms, payment of money, extension of time, change orders, or other relief with respect to the terms of the contract. The term "Claim" also includes other disputes and matters in question between the COUNTY and CONTRACTOR arising out of or relating to the contract. Claims must be made by written notice. The provisions of Government Code section 901, et seq., shall apply to every claim made to COUNTY. The responsibility to substantiate claims shall rest with the party making the claim. The term "Claim" also includes any allegation of an error or omission by the CONTRACTOR. B. In the spirit of cooperation between the COUNTY and CONTRACTOR, the following procedures are established in the event of any claim or dispute alleging an error, omission, or negligent act of the CONTRACTOR. 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. Claims, disputes or other matters in question between the parties, arising out of or relating to this Agreement, shall not be subject to arbitration, but shall be subject to the following procedures. 2. Designated representatives of COUNTY and CONTRACTOR shall meet and confer and attempt to reach agreement on any dispute, including what damages have occurred, the measure of damages and what proportion of damages, if any, shall be paid by either party. The parties agree to consult and consider the use of mediation or other form of dispute resolution prior to resorting to litigation. 3. If the COUNTY and CONTRACTOR cannot reach agreement under Section VIII.B.2., the disputed issues may, upon concurrence by all parties, be submitted to a panel of three (3) for a recommended resolution. The CONTRACTOR and the COUNTY shall each select one (1) member of the panel, and the third member shall be selected by the other two panel members. The discovery rights provided by California Code of Civil Procedure for civil proceedings shall be available and enforceable to resolve the disputed issues. Either party requesting this dispute resolution process shall, when invoking the rights to this panel, give to the other party a notice describing the claims, disputes and other matters in question. Prior to twenty (20) days before the initial meeting of the panel, both parties shall submit all documents such party intends to rely upon to resolve such dispute. If it is determined by the panel that any party has relied on such documentation, but has failed to previously submit such documentation on a timely basis to the other party, the other par ty shall be entitled to a 20-day continuance of such initial meeting of the panel. Issuance of the panel’s recommended decision is not a condition precedent to arbitration, mediation or litigation. 4. Upon receipt of the panel's recommended resolution of the dispute issues, the COUNTY and the CONTRACTOR shall again meet and confer and attempt to reach agreement. If the parties still are unable to reach agreement, each party shall have recourse to all appropriate legal and equitable remedies. 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C. The procedures to be followed in the resolution of claims and disputes may be modified at any time by mutual agreement of the parties hereto. D. The CONTRACTOR shall continue to perform its obligations under this Agreement pending resolution of any dispute, and the COUNTY shall continue to make payments of all undisputed amounts due under this Agreement. E. When a claim by either party has been made alleging the CONTRACTOR's error, omission or negligent act, the County Representative and the CONTRACTOR shall meet and confer within twenty-one (21) days after the written notice of the claim has been provided. IX. JOINDER OF PARTIES: The CONTRACTOR, the CONTRACTOR's consultants of any tier, subcontractors of any tier, suppliers and construction lenders shall all be bound by the dispute resolution provisions of this agreement, and immediately upon demand of COUNTY or CONTRACTOR, shall participate in and shall become parties to the dispute resolution process, provided they have signed any document that incorporates or refers to the dispute resolution provisions of this Agreement. Failure, whether intended or inadvertent, of CONTRACTOR to ensure that such nonparties have signed such a document shall inure only to CONTRACTOR's detriment, if any there be. COUNTY shall not suffer a detriment by CONTRACTOR's action or inaction in this regard. If such a party after due notice fails to appear at and participate in the dispute resolution proceedings, the panel established in accordance with the provisions of Article VIII.B.3 . shall make a decision based on evidence introduced by the party or parties who do participate. X. CONTRACTOR'S OBLIGATIONS RELATING TO REGULATORY REQUIREMENTS: A. The CONTRACTOR shall analyze and adhere to requirements of all applicable regulatory provisions, rules, and codes, which shall include, but not be limited to: applicable provisions of San Joaquin Valley Air Pollution Control District (SJVAPCD) 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 rules and regulations; the site-specific permit to operate issued by SJVAPCD; California Code of Regulations (CCR) Titles 14, 22, 23 and 27; and any applicable provisions of the Code of Federal Regulations (such as Title 40 CFR); and any amendments or modifications to any of the foregoing, together with such other provisions, applicable to the regulation of landfill gas emissions and solid waste landfills, as may be promulgated subsequent to the execution of this Agreement . XI. INDEPENDENT CONTRACTOR: A. In performance of the work, duties, and obligations assumed by CONTRACTOR under this Agreement, it is mutually understood and agreed that CONTRACTOR, including any and all of CONTRACTOR's officers, agents and employees, will at all times be acting and performing as an independent contractor, and shall act in an independent capacity and not as an officer, agent, servant, employee, joint venturer, partner or associate of the COUNTY. Furthermore, COUNTY shall have no right to control or supervise or direct the manner or method by which CONTRACTOR shall perform its work and function. However, COUNTY shall retain the right to administer this Agreement so as to verify that CONTRACTOR is performing its obligations in accordance with the terms and conditions thereof. CONTRACTOR and COUNTY shall comply with all applicable provisions of law and the rules and regulations, if any, of Governmental authorities having jurisdiction over matters the subject thereof. B. Because of its status as an independent contractor, CONTRACTOR shall have absolutely no right to employment rights and benefits available to COUNTY employees. CONTRACTOR shall be solely liable and responsible for providing to, or on behalf 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 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 acknowledged that during the term of this Agreement, CONTRACTOR may be providing services to others unrelated to the COUNTY or to this Agreement. XII. PARTIES BOUND BY AGREEMENT: This Agreement shall be binding upon the COUNTY, the CONTRACTOR, and their successors in interest, legal representatives, executors, administrators, and assigns with respect to all covenants as set forth herein. XIII. REQUIRED APPROVALS: It is understood that the CONTRACTOR shall not assign, sublet, subcontract, or transfer CONTRACTOR's rights or obligations in this Agreement without the prior express, written consent of the COUNTY. Such approval shall only be given by the COUNTY’s Board of Supervisors. XIV. COMPLIANCE WITH LAWS: CONTRACTOR shall comply with Federal, State, and local laws, ordinances, regulations, and Fresno County Charter provisions applicable and in effect when professional services are performed. XV. GOVERNING LAW : A. Any controversy or claim arising out of or relating to this Agreement which cannot be amicably settled without court action shall be litigated either in a state court for Fresno County, California, or in the U.S. District Court for the Eastern District of California, located in Fresno County. B. The rights and obligations of the parties and all interpretations and performance of this Agreement shall be governed in all respects by the laws of the State of California. XVI. AMENDMENTS: Any changes to this Agreement requested either by the COUNTY or CONTRACTOR may be effected only if mutually agreed upon in writing by each of the parties hereto. This Agreement shall not be modified or amended, nor shall any rights of a party hereto be waived, except by such a writing. 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 XVII. CONTRACTOR'S LEGAL AUTHORITY: Each individual executing this Agreement on behalf of CONTRACTOR hereby covenants, warrants, and represents: (i) that he or she is duly authorized to execute and deliver this Agreement on behalf of such corporation in accordance with a duly adopted resolution of the corporation's board of directors and in accordance with such corporation's articles of incorporation or charter and bylaws; (ii) that this Agreement is binding upon such corporation; and (iii) that CONTRACTOR is a duly organized and legally existing corporation in good standing in the State of California. XVIII. HOLD HARMLESS: CONTRACTOR shall hold harmless and indemnify COUNTY, its officers, agents, and employees, against the payment of any and all costs and expenses (including reasonable attorney fees and court costs), damages, claims, suits, losses, and liability for bodily and personal injury to or death of any person or for loss of any pro perty resulting from or arising out of any wrongful acts, errors or omissions of CONTRACTOR, its officers, agents, and employees, in performing or failing to perform any work, services, or functions under this Agreement. XIX. LIABILITY INSURANCE: A. Prior to commencing the duties under the Agreement with the COUNTY, the CONTRACTOR shall furnish the COUNTY, at no additional cost to the COUNTY, certificates for the following insurance policies which shall be kept in force during the term of the Agreement (i.e., until the Agreement is terminated or it expires), and for such additional time as may be specified herein with respect to a particular type of policy. 1. Commercial General Liability Insurance or Comprehensive General Liability Insurance, naming the COUNTY as an additional insured, with limits of not less than $1,000,000 per occurrence and an annual aggregate of $2,000,000. 2. Comprehensive Automobile Liability Insurance with limits for bodily injury of not less than $250,000 per person, $500,000 per accident and for property damage of not less than $50,000, or such coverage with a combined single limit of 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 $500,000. Coverage shall include owned and non-owned vehicles used in connection with this Agreement. 3. Environmental Impairment (Pollution) Liability Insurance with limits of not less than $3,000,000 per occurrence and an annual aggregate of not less than $5,000,000, including clean-up costs. The policy shall be written on claims made basis. 4. Special endorsements or a separate policy covering explosion and subsequent environmental damages with limits not less than $3,000,000 per occurrence and $5,000,000 annual aggregate. 5. Transporter Pollution Liability Insurance, in addition to all other coverages required herein, and one of the following: MCS-90 endorsement with sudden and accidental pollution endorsement or “automobile endorsement A”, or a California 9948 endorsement with limits of not less than $5,000,000 combined single limit. 6. Worker's Compensation insurance policy as required by the California Labor Code. 7. Professional Liability Insurance: a. In the minimum amount of at least $1,000,000 coverage per claim, with an annual aggregate of at least $3,000,000. b. CONTRACTOR and subcontractors shall make full disclosure, in writing to the COUNTY, of all pending and open claims and disputes during the course of this agreement that affect the specified aggregate limits of the Professional Liability Insurance policy. c. Professional Liability Insurance shall extend for a minimum of two (2) years past the date of final payment to CONTRACTOR, including the resolution of all claims, disputes, and matters in question regarding the project. d. In the event that CONTRACTOR voluntarily changes or involuntarily changes, due to circumstances beyond its control, Professional Liability Insurance policy carrier during the course of this Agreement, such new policy shall include prior acts coverage retroactive, at least, to the date of execution of this 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Agreement. CONTRACTOR may, at its option and expense, purchase supplemental or "tail" coverage from the former policy carrier, negotiate a retroactive reporting date with the new policy carrier for claims incurred but not reported as of the date of change in policy carrier, and shall in any event maintain Professional Liability Insurance in a manner that provides continuous coverage to the COUNTY throughout the term of this Agreement, and for a period of two (2) years past the issuance of final payment to the CONTRACTOR. e. The CONTRACTOR may, at its option and expense and upon approval of the COUNTY, provide specific project professional liability insurance for itself and all sub-contractors for this project, extending from the beginning of project until two (2) years past the issuance of final payment to the CONTRACTOR. This time period specifically includes that time required for the resolution of all claims and disputes. B. All policies shall be issued by insurers licensed to do business in the State of California. CONTRACTOR shall give COUNTY at least thirty (30) days written advance notice of any expiration, cancellation or reduction in the coverage of any of the aforesaid policies. C. The COUNTY, its officers, agents and employees, individually and collectively, shall be named as additional insured in Commercial General Liability Insurance or Comprehensive General Liability Insurance, but only insofar as the operations under this contract are concerned. Such coverage of COUNTY as additional insured shall apply as primary insurance and any other insurance, or self -insurance, maintained by the COUNTY, its officers, agents, and employees, shall be excess only and not contributing with insurance provided under the CONTRACTOR's policies herein. D. 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. 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 XX. OWNERSHIP OF DOCUMENTS: A. CONTRACTOR understands and agrees that COUNTY shall retain full ownership rights of the drawings and the work-product of CONTRACTOR for the project, to the fullest extent permitted by law. In this regard, CONTRACTOR acknowledges and agrees that CONTRACTOR's services are on behalf of COUNTY and are "works made for hire," as that term is defined in copyright law, by COUNTY; that the drawings and work-product to be prepared by CONTRACTOR are for the sole and exclusive use of COUNTY, and shall be the sole property of COUNTY and its assigns, and the COUNTY and its assigns shall be the sole owner of all patents, copyrights, trademarks, trade secrets and other contractual and intangible rights in connection therewith; that all the rights, title, and interest in and to the drawings and work-product will be transferred to COUNTY by CONTRACTOR, and CONTRACTOR will assist COUNTY to obtain and enforce patents, copyrights, trademarks, trade secrets, and all contractual and other rights of any kind or nature relating to COUNTY’s ownership of said drawings and work-product; and that COUNTY shall be and become the owner of such drawings and work product, free and clear of any claim by CONTRACTOR or anyone claiming any right through CONTRACTOR. CONTRACTOR further acknowledges and agrees that COUNTY's ownership rights in such drawings and work product shall apply regardless of whether such drawings or work product, or any copies thereof, are in the possession of CONTRACTOR, or any other person, firm, corporation, or entity. For the purpose of this Agreement the terms "drawings and work-product" shall mean all reports and study findings developed for the project, drawings and schematic or preliminary design documents of each project, certified reproducibles of the original final construction contract drawings of each project, specifications of each project, the approved opinion of probable construction cost of each project, record drawings of each project, as-built plans of each project, and discoveries, developments, designs, improvements, inventions, formulas, processes, techniques, or specific know-how and data generated or conceived or reduced to 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 practice or learning by CONTRACTOR, either alone or jointly with others, that result from the tasks assigned to CONTRACTOR by COUNTY under this Agreement. B. All documents, including calculations, required in performing services under this Agreement shall be submitted to, and shall remain the property of the COUNTY. XXI. TIME OF COMPLETION: CONTRACTOR shall diligently proceed with the agreed scope of services and shall provide such services in a timely manner. Failure of the CONTRACTOR to provide such services on a timely basis, is sufficient cause to terminate this Agreement immediately, at the option of the COUNTY, in accordance with Article XXIIIB, unless the delay is attributable to the COUNTY or State. XXII. TERM: The term of this Agreement shall be for a period of three (3) years, commencing on June 1, 2016 through and including May 31, 2019. This Agreement may be extended for a maximum of two (2) additional consecutive twelve (12) month extension periods, upon written approval of both parties no later than thirty (30) days prior to the first day of the next twelve (12) month extension period. . The Director of Public Works and Planning or his or her designee is authorized to execute such written approval on behalf of COUNTY based on CONTRACTOR’S satisfactory performance. XXIII. TERMINATION OF AGREEMENT: A. This Agreement may be terminated without cause at any time by the COUNTY upon thirty (30) calendar days written notice. If the COUNTY terminates this Agreement, the CONTRACTOR shall be compensated for services satisfactorily completed to the date of termination based upon the compensation rates and subject to the maximum amounts payable hereunder as agreed to in Article V, together with such additional services satisfactorily performed after termination which are expressly authorized by the County Representative to conclude the work performed to date of termination. 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B. The COUNTY may immediately suspend or terminate this Agreement in whole or in part, where in the determination of the COUNTY there is: 1. An illegal or improper use of funds; 2. A failure to comply with any term of this Agreement; 3. A substantially incorrect or incomplete report submitted to the COUNTY; 4. Improperly performed service. C. In no event shall any payment by the COUNTY constitute a waiver by the COUNTY of any breach of this Agreement or any default which may then exist on the part of the CONTRACTOR. Nor shall such payment impair or prejudice any remedy available to the COUNTY with respect to the breach or default. The COUNTY shall have the right to demand of the CONTRACTOR the repayment to the COUNTY of any funds disbursed to the CONTRACTOR under this Agreement, which, in the judgment of the COUNTY and as determined in accordance with the procedures of Article VIII, "Errors or Omissions Claims and Disputes", were not expended in accordance with the terms of this Agreement. The CONTRACTOR shall promptly refund any such funds upon demand. D. The terms of this Agreement, and the services to be provided thereunder, are contingent on the approval of funds by the appropriating government agency. Should sufficient funds not be allocated, the services provided may b e modified, or this Agreement terminated at any time by giving the CONTRACTOR thirty (30) days advance written notice. XXIV. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the COUNTY and the CONTRACTOR with respect to the subject matter hereof and supersedes all previous negotiations, proposals, commitments, writings, advertisements, publications, and understandings of any nature whatsoever unless expressly included in this Agreement. // 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 XXV. DISCLOSURE OF SELF-DEALING TRANSACTIONS: This provision is only applicable if the CONTRACTOR is operating as a corporation (a for-profit or non-profit corporation) or if during the term of this 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 this Agreement. A self-dealing transaction shall mean a transaction to which the CONTRACTOR is a party and in which one or more of its directors has a material financial interest. Members of the Board of Directors shall disclose any self -dealing transactions that they are a party to by completing and signing a Self -Dealing Transaction Disclosure Form (Attachment “B” hereto), and submitting it to COUNTY prior to commencing with the self-dealing transaction or immediately thereafter. XXVI. SEVERABILITY: Should any provision herein be found or deemed to be invalid, this Agreement shall be construed as not containing such provision, and all other provisions which are otherwise lawful shall remain in full force and effect, and to this end the provisions of this Agreement are hereby declared to be severable. /// /// /// /// /// /// /// /// /// /// /// 1 IN WITNESS WHEREOF , the parties have executed this Agreement on the date 2 set forth above . 3 4 CONTRACTOR TETRA TECH BAS, INC . 5 1360 VALLEY VISTA DRIVE DIAMOND B R, CA 1765 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 APPROVEDASTOLEGALFORM ~~~;:~L1 rL Deputy APPROVED AS TO ACCOUNTING FORM Vicki Crow, C .P.A. Auditor-Controller/Treasurer-Tax Collector By :~ (,_~Q,~ D uty FOR ACCOUNTING USE ONLY 26 Fund: 0700 Subclass : 15000 27 Org. No .: 9026 Account: 7295 28 21 COUNTY OF FRESNO Ernest Buddy Mendes, Board of Supervisors ATTEST: Bernice E. Seidel , Clerk Board of Supervisors By :~~ Deputy Undersigned agrees to furnish the or service in the attached response at the to the attached "County of Fresno Standard Instructions And Conditions For Except as noted on individual items, the following will apply to all items in the Quotation Schedule: ., A cash discount of % ------------------------will apply. Inc. Vista Drive Diamond Bar G:\Public\RFQ\FY 2015-16\968-5419 Op & Mntce of Landfill Gas Coil Sys-AADS\968-5419 Op & Mntce of Landfill Gas Coli Sys-AADS.doc PD-010 (11/2015) 9 STANDARD INSTRUCTIONS AND CONDITIONS FOR REQUESTS FOR PROPOSALS (RFP'S) AND REQUESTS FOR QUOTATIONS (RFQ'S) Note: the reference to "bids" in the following paragraphs applies to RFP's and RFQ's By submitting a bid the bidder agrees to the following conditions. These conditions will apply to all subsequent purchases based on this bid. 1. 2. BID PREPARATION: A) All prices and notations must be typed or written in ink. No erasures permitted. Errors may be crossed out, initialed and corrections printed in ink by person signing bid. B) Brand Names: Brand names and numbers when given are for reference. Equal items will be considered, provided the offer clearly describes the article and how it differs from that specified. In the absence of such information it shall be understood the offering is exactly as specified. C) State brand or make of each item. If bidding on other than specified, state make, model and brand being bid and attach supporting literature/specifications to the bid. D) Bid on each item separately. Prices should be staled in units specified herein. All applicable charges must be quoted; charges on invoice not quoted herein will be disallowed. E) Time of delivery is a part of the consideration and must be stated in definite terms and must be adhered to. F .O.B. Point shall be destination or freight charges must be stated. F) All bids must be dated and signed with the firm's name and by an authorized officer or employee. G) Unless otherwise noted, pr1ces shall be firm for one hundred eighty (180) days after closing date of bid. SUBMITTING BIDS: A) Each bid must be submitted on forms provided in a sealed envelope/package with bid number and closing date and time on the outside of the envelope/package. B) Interpretation: Should any discrepancies or omissions be found in the bid specifications or doubt as to their meaning, the bidder shall notify the Buyer in writing at once. The County shall not be held responsible for verbal interpretations. Questions regarding the bid must be received by Purchasing stated within this document. All addenda issued shall be in writing, duly issued by Purchasing and incorporated into the contract. C) ISSUING AGENT/AUTHORIZED CONTACT: This RFP/RFQ has been issued by County of Fresno, Purchasing. Purchasing shall be the vendor's sole point of contact with regard to the RFP/RFQ, its content, and all issues concerning it. All communication regarding this RFPIRFQ shall be directed to an authorized representative of County Purchasing. The specific buyer managing this RFP/RFQ is identified on the cover page, along with his or her telephone number, and he or she should be the primary point of 3. contact for discussions or information pertaining to the RFP/RFQ. Contact with any other County representative, including elected officials, for the purpose of discussing this RFP/RFQ, its content, or any other issue concerning it, is prohibited unless authorized by Purchasing. Violation of this clause, by the vendor having unauthorized contact (verbally or in writing) with such other County representatives, may constitute grounds for rejection by Purchasing ofthe 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 RFPIRFQ, such vendor may contact the appropriate individual, or individuals who are managing that protest as outlined in the County's established protest procedures. All such contact must be in accordance with the sequence set forth under the protest procedures. Second, in the event a public hearing is scheduled before the Board of Supervisors to hear testimony prior to its approval of a purchase order or contract, any vendor may address the Board. D) Bids received after the closing time will NOT be considered. E) Bidders are to bid what is specified or requested first If unable to or unwilling to, bidder may bid alternative or option, indicating all advantages, disadvantages and their associated cost. FAILURE TO BID: A) If not bidding, return bid sheet and state reason for no bid or your name may be removed from mailing list 4. TAXES, CHARGES AND EXTRAS: A) County of Fresno is subject to California sales and/or use tax (8.225% ). Please indicate as a separate line item if applicable. B) DO NOT include Federal Excise Tax. County is exempt under Registration No. 94-73-03401-K. C) County is exempt from Federal Transportation Tax. Exemption certificate is not required where shipping papers show consignee as County of Fresno. D) Charges for transportation, containers, packing, etc. will not be paid unless specified in bid. 5. W-9 -REQUEST FOR TAXPAYER IDENTIFICATION NUMBER AND CERTIFICATION & CALIFORNIA FORM 590 WITHHOLDING EXEMPTION CERTIFICATE: Upon award of bid, the vendor shall submit to County Purchasing, a completed IRS Form W-9-Request for Taxpayer Identification Number and G:\PUBLIC\RFQIFY 2015-161968-5419 OP & MNTCE OF LANDFILL GAS COLL SYS-AADS\968-5419 OP & MNTCE OF LANDFILL GAS COLL SYS-AADS.DOC 1A 9 Certification and a California Form 590 Withholding Exemption Certificate if not currently a County of Fresno approved vendor. 6. AWARDS: A) Award(s) will be made to the most responsive responsible bidder; however, the Fresno County Local Vendor Preference and/or the Disabled Veteran Business Enterprise Preference shall take precedence when applicable. Said Preferences apply only to Request for Quotations for materials, equipment and/or supplies only (no services); the preference do not apply to Request for Proposals. RFQ evaluations will include such things as life-cycle cost, availability, delivery costs and whose product and/or service is deemed to be in the best interest of the County. The County shall be the sole judge in making such determination. B) Unless bidder gives notice of ali-or-none award in bid, County may accept any item, group of items or on the basis of total bid. C) The County reserves the right to reject any and all bids and to waive informalities or irregularities in bids. D) Award Notices are tentative: Acceptance of an offer made in response to this RFP/RFQ shall occur only upon execution of an agreement by both parties or issuance of a valid written Purchase Order by Fresno County Purchasing. E) After award, all bids shall be open to public inspection. The County assumes no responsibility for the confidentiality of information offered in a bid. 7. TIE BIDS: All other factors being equal, the contract shall be awarded to the Fresno County vendor or, if neither or both are Fresno County vendors, it may be awa'rded by the fiip of a coin in the presence of witnesses or the entire bid may be rejected and re-bid.lfthe General Requirements ofthe RFQstatethat they are applicable, the provisions of the Fresno County Local Vendor Preference shall take priority over this paragraph. 8. PATENT INDEMNITY: The vendor shall hold the County, its officers, agents and employees, harmless from liability of any nature or kind, including costs and expenses, for infringement or use of any copyrighted or un-copyrighted composition, secret process, patented or unpatented invention, article or appliance furnished or used in connection with this bid. 9. SAMPLES: Samples, when required, must be furnished and delivered free and, if not destroyed by tests, will upon written request (within thirty (30) days of bid closing date) be returned at the bidder's expense. In the absence of such notification, County shall have the right to dispose ofthe samples in whatever manner it deems appropriate. 10. RIGHTS AND REMEDIES OF COUNTY FOR DEFAULT: A) In case of default by vendor, the County may procure the articles or service from another source and may recover the cost difference and related expenses occasioned thereby from any unpaid balance due the 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 be considered the prevailing market price at the time such purchase is made. B) Articles or services, which upon delivery inspection do not meet specifications, will be rejected and the vendor will be considered in default. Vendor shall reimburse County for expenses related to delivery of non-specified goods or services. C) Regardless ofF .O.B. point, vendor agrees to bear all risks of loss, injury or destruction to goods and materials ordered herein which occur prior to delivery and such loss, injury or destruction shall not release vendor from any obligation hereunder. 11. DISCOUNTS: Terms of less than fifteen ( 15) days for cash payment will be considered as net in evaluating this bid. A discount for payment within fifteen (15) days or more will be considered in determining the award of bid. Discount period will commence either the later of delivery or receipt of invoice by the County. Standard terms are Net forty-five (45) days. 12. SPECIAL CONDITIONS IN BID SCHEDULE SUPERSEDE GENERAL CONDITIONS: The "General Conditions" provisions ofthis RFP/RFQ shall be superseded if in conflict with any other section of this bid, to the extent of any such conflict. 13. SPECIAL REQUIREMENT: With the invoice or within twenty-five (25) days of delivery, the seller must provide to the County a Material Safety Data Sheet for each product, which contains any substance on "The List of 800 Hazardous Substances", published by the State Director of Industrial Relations. (See Hazardous Substances Information and Training Act, California State Labor Code Sections 6360 through 6399.7.) 14. RECYCLED PRODUCTS/MATERIALS: Vendors are encouraged to provide and quote (with documentation) recycled or recyclable products/materials which meet stated specifications. 15. YEAR COMPLIANCE WARRANTY: Vendor warrants that any product furnished pursuant to this Agreement/order 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, as well as leap year calculations. "Product" shall include, without limitation, any piece or component of equipment, hardware, firmware, middleware, custom or commercial software, or internal components or subroutines therein. This warranty shall survive termination or expiration of this Agreement. In the event of any decrease in product functionality or accuracy related to time and/or date data related codes and/or internal subroutines that impede the product from operating correctly using dates beyond December 31, 1999, vendor shall restore or repair the product to the same level of functionality as warranted herein, so as to minimize interruption to County's ongoing business process, time being of the essence. In the event that such warranty compliance requires the acquisition of additional programs, the expense for any such associated or additional acquisitions, which may be required, including, without limitation, data conversion tools, shall be borne exclusively by vendor. Nothing in this warranty shall be construed to limit any rights or remedies the County may otherwise have under this Agreement with respect to defects other than year performance. 16. PARTICIPATION: Bidder may agree to extend the terms of the resulting contract to other political subdivision, municipalities and tax-supported agencies. Such participating Governmental bodies shall make purchases in their own name, make payment directly to bidder, and be liable directly to the bidder, holding the County of Fresno harmless. 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 18 Quotation No. 9 17. CONFIDENTIALITY: All services performed by vendor shall be in strict conformance with all applicable Federal, State of California and/or local laws and regulations relating to confidentiality, including but not limited to, California Civil Code, California Welfare and Institutions Code, Health and Safety Code, California Code of Regulations, Code of Federal Regulations. Vendor shall submit to County's monitoring of said compliance. Vendor may be a business associate of County, as that term is defined in the "Privacy Rule" enacted by the Health Insurance Portability and Accountability Act of 1996 (HIPAA). As a HIPAA Business Associate, vendor may use or disclose protected health information ("PHI") to perform functions, activities or services for or on behalf of County as specified by the County, provided that such use or disclosure shall not violate HIPAA and its implementing regulations. The uses and disclosures if PHI may not be more expansive than those applicable to County, as the "Covered Entity" under HIPAA's Privacy Rule, except as authorized for management, administrative or legal responsibilities of the Business Associate. Vendor shall not use or further disclose PHI other than as permitted or required by the County, or as required by law without written notice to the County. Vendor shall ensure that any agent, including any subcontractor, to which vendor provides PHI received from, or created or received by the vendor on behalf of County, shall comply with the same restrictions and conditions with respect to such information. 18. APPEALS: Appeals must be submitted in writing within seven (7) working days after notification of proposed recommendations for award. A "Notice of Award" is not an indication of County's acceptance of an offer made in response to this RFP/RFQ. Appeals should be submitted to County of Fresno Purchasing, 4525 E. Hamilton Avenue, Fresno, California 93702-4599 and in Word format to gcornuelle@co.fresno.ca.us. Appeals should address only areas regarding RFP/RFQ contradictions, procurement errors, quotation rating discrepancies, legality of procurement context, conflict of interest, and inappropriate or unfair competitive procurement grievance regarding the RFP/RFQ process. Purchasing will provide a written response to the complainant within seven (7) working days unless the complainant is notified more time is required. lfthe protesting bidder is not satisfied with the decision of Purchasing, he/she shall have the right to appeal to the Purchasing AgentJCAO within seven (7) working days after Purchasing's notification; except if, notified to appeal directly to the Board of Supervisors at the scheduled date and time. lfthe protesting bidder is not satisfied with Purchasing AgentJCAO's decision, the final appeal is with the Board of Supervisors. 19. OBLIGATIONS OF CONTRACTOR: A) CONTRACTOR shall perform as required by the ensuing contract. CONTRACTOR also warrants on behalf of itself and all subcontractors engaged for the performance of the ensuing contract that only persons authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder. B) CONTRACTOR shall obey all Federal, State, local and special district laws, ordinances and regulations. 20. AUDITS & RETENTION: The Contractor shall maintain in good and legible condition all books, documents, papers, data files and other records related to its performance under this contract Such records shall be complete and available to Fresno County, the State of California, the federal government or their duly authorized representatives for the purpose of audit, examination, or copying during the term of the contract and for a period of at least three (3) years following the County's final payment under the contract or until conclusion of any pending matter (e.g., litigation or audit), whichever is later. Such records must be retained in the manner described above until all pending matters are closed. 21. DISCLOSURE-CRIMINAL HISTORY & CIVIL ACTIONS Applies to Request for Proposal (RFP); does not apply to Request for Quotation (RFQ) unless specifically stated elsewhere in the RFQ document In their proposal, the bidder is required to disclose if any of the following conditions apply to them, their owners, officers, corporate managers and partners (hereinafter collectively referred to as "Bidder'): ,. Within the three-year period preceding the proposal, they have been convicted of, or had a civil judgment rendered against them for: o fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; o violation of a federal or state antitrust statute; o embezzlement, theft, forgery, bribery, falsification, or destruction of records; or o false statements or receipt of stolen property Within a three-year period preceding their proposal, they have had a public transaction (federal, state, or local) terminated for cause or default. 22. OAT A SECURITY: Individuals and/or agencies that enter into a contractual relationship with the COUNTY for the purpose of providing services must employ adequate controls and data security measures, both internally and externally to ensure and protect the confidential information and/or data provided to contractor by the COUNTY, preventing the potential loss, misappropriation or inadvertent access, viewing, use or disclosure of COUNTY data including sensitive or personal client information; abuse of COUNTY resources; and/or disruption to COUNTY operations. Individuals and/or agencies may not connect to or use COUNTY networks/systems via personally owned mobile, wireless or handheld devices unless authorized by COUNTY for telecommuting purposes and provide a secure connection; up to date virus protection and mobile devices must have the remote wipe feature enabled. Computers or computer peripherals including mobile storage devices may not be used (COUNTY or Contractor device) or brought in for use into the COUNTY's system(s) without prior authorization from COUNTY's Chief Information Officer and/or designee(s). No storage of COUNTY's private, confidential or sensitive data on any hard- disk drive, portable storage device or remote storage installation unless encrypted according to advance encryption standards (AES of 128 bit or higher). The COUNTY will immediately be notified of any violations, breaches or potential breaches of security related to COUNTY's confidential information, data and/or data processing equipment which stores or processes COUNTY data, internally or externally. COUNTY shall provide oversight to Contractor's response to all incidents arising from a possible breach of security related to COUNTY's confidential client information. Contractor will be responsible to issue any notification to G:\PUBLICIRFQ\FY 2015-161968-5419 OP & MNTCE OF LANDFILL GAS COLL SYS-AADS\968-5419 OP & MNTCE OF LANDFILL GAS COLL SYS-AADS.DOC 1C No. 9 affected individuals as required by law or as deemed necessary by COUNTY in its sole discretion. Contractor will be responsible for all costs incurred as a result of providing the required notification. 23. PURCHASING LOCATION & HOURS: Fresno County Purchasing is located at 4525 E. Hamilton Avenue (second floor), Fresno, CA 93702. Non-holiday hours of operation are Monday through Friday, 8:00A.M. to 12:00 Noon and 1:00 P.M. to 5:00P.M. PST; Purchasing is closed daily from 12:00 Noon to 1:00 P.M. The following holiday office closure schedule is observed: January 1* Third Monday in January Third Monday in February March 31* Last Monday in May July 4* First Monday in September November 11 * Fourth Thursday in November Friday following Thanksgiving December 25* New Year's Day Martin Luther King, Jr.'s Birthday Washington -Lincoln Day Cesar Chavez' Birthday Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Christmas * When this date falls on a Saturday, the holiday is observed the preceding Friday. If the date falls on a S1:mday, the holiday is observed the following Monday. 24. FRESNO COUNTY BOARD OF SUPERVISORS ADMINISTRATIVE POLICIES: ADMINISTRATIVE POLICY NUMBER 5 Contract Salary Limitation Fresno County Administrative Policy No. 5 provides that in contracts with non- profit organizations that primarily serve Fresno County and professional service contracts where Fresno County is the sole client, the contractors must agree to the following contract language: "The contractor agrees to limit administrative cost to a maximum of 15% of the total program budget and to limit employee benefits to a maximum of 20% of total salaries for those employees working under this agreement during the term of the agreement. Failure to conform to this provision will be grounds for contract termination at the option of the County of Fresno." Any bidder that wishes an exemption from this contract requirements must set forth the request for exemption, as 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 such exemption. Policy Statement: Contractors shall be limited to a maximum 15% administrative cost as compared to the total program budget and employee benefits shall be limited to a maximum of 20% of salaries. The following language will be included in each applicable contract: "The contractor agrees to limit administrative cost to a maximum of 15% of the total program budget and to limit employee benefits to a maximum of20% oftotal salaries for those employees working under this agreement during the term of this agreement. Failure to conform to this provision will be grounds for contract termination at the option of the County of Fresno." The above provision shall be applied to renewal or multi-year contracts with non-profit organizations which primarily serve Fresno County and professional services contracts where Fresno County is the sole client, such as: ., Community based organization service contracts related to social services, health services, or probation services. " Cultural art program contracts. " Professional services contracts. This policy will not apply to contracts between the County and the Federal or State governments; or one-time contracts. The Board of Supervisors will consider exemptions to this policy only upon the recommendation of the County Administrative Office. Management Responsibility: It shall be the responsibility of any County 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 insure that this policy is fully enforced. It shall be the responsibility of the County Administrative Officer to review requests for exemptions to this policy and to make recommendations to the Board of Supervisors on such requests for exemption. ADMINISTRATIVE POLICY NUMBER 34 Competitive Bids and Requests for Proposals Fresno County Administrative Policy No. 34 provides that no person, firm or subsidiary thereof who has been awarded a consulting services contract by 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 which is required, suggested, or otherwise deemed appropriate in the end product of the consulting services contract. Any bidder that wishes an exemption from this contract limitation must set forth the request for exemption, as 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, on a four-fifths (415) vote finding that such waiver is in the best interests ofthe County, can waive this policy. Definitions: Purchasing Authority and Responsibility -In accordance with the State of California Government Code Section 25500 etseq., and the Fresno County Ordinance Code Chapter 2.56, the Board of Supervisors has established a County Purchasing Agent. The Board has designated the County Administrative Officer as the Purchasing Agent. Unless otherwise restricted, all necessary authority and responsibility has been delegated to the Purchasing Agent to satisfy the acquisition requirements of the County. The Purchasing Agent may defer day-to-day acquisition management to the Purchasing Manager as appropriate. Policy Statement: Competitive bids or requests for proposals shall be secured for all contracts for goods or services which are proposed to be acquired by the County except when in unusual or extraordinary circumstances, a department head, requests an exception to competitive bidding. All such requests must be documented by the department head including a detailed description of the facts justifying the exception. The request must receive concurrence of the procurement authority who will sign that particular contract i.e. the Board of Supervisors or Purchasing Agent/Purchasing Manager. The following circumstances are examples which constitute "Suspension of Competition": G:\PUBLIC\RFQ\FY 2015-161968-5419 OP & MNTCE OF LANDFILL GAS COLL SYS-AADS\968-5419 OP & MNTCE OF LANDFILL GAS COLL SYS-AADS.DOC 10 Quotation 9 e In an emergency when goods or services are immediately necessary for the preservation of the public health, welfare, or safely, or for the protection of County properly. ,. When the contract is with a federal, state, or local governmental agency. .. When the department head, with the concurrence of the Purchasing Agent, finds that the cost of preparing and administering a competitive bidding process in a particular case will equal or exceed the estimated contract amount or $1 ,000 whichever is more. When a contract provides only for payment of per diem and travel expenses and there is to be no payment for services rendered. " When obtaining the services of expert witnesses for litigation or special counsel to assist the County. .. When in unusual or extraordinary circumstances, the Board of Supervisors or the Purchasing Agent/Purchasing Manager determines that the best interests of the County would be served by not securing competitive bids or issuing a request for proposal. Contracts for services should not usually cover a period of more than one year although a longer period may be approved in unusual circumstances. Multiple year contracts must include provisions for early termination and must be contingent on available funding. Unless exempted as provided for above, no contract for service shall extend, either by original contract or by extension, beyond three years unless competitive bids have been sought or a Request for Proposal has been processed. During any competitive bidding procedure, all bids shall be opened publicly and the dollar amount of each bid shall be read aloud. Under no circumstance shall a bid which is received at the designated place of opening after the closing time be opened or considered. Contracts for goods or services shall not be effective until approved by the Board of Supervisors or, if appropriate, the Purchasing Agent/Purchasing Manager. Contractors and vendors shall be advised by the responsible department head that performance under the contract may not commence prior to such approval. Medicel Professional Contracts 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 equivalent to 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. Prohibited Bids Concerning End Product of Consulting Contracts No person, firm, or subsidiary thereof who has been awarded a consulting services contract by the County, shall be awarded a contract for the provision of services, procurement of goods or supplies, or any other related action which is required, suggested, or otherwise deemed appropriate in the end product of the consulting services contract. This policy may be waived by the Board of Supervisors on a four-fifths (4/5) vote finding that such waiver is in the best interests of the County. Management Responsibility: The County Administrative Officer is responsible for preparing and issuing written procedures to assure compliance with this policy by all County officials and departments. ADMINISTRATIVE POLICY NUMBER 71 Prohibiting the Use of Public Funds for Political Advocacy Fresno County Administrative Policy No. 71 provides that no County assets, including money, shall be used for political campaigns of any type. 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 the County shall provide for use of County monies for political campaigns. Policy Statement Government assets, including money, grant funds, paid staff time, equipment and supplies, facilities or any other government asset shall not be used for political campaigns of any type. Political campaigns are defined as political advocacy for or opposition to a matter or person that has qualified for the ballot. Management Responsibility: Department Heads shall be held responsible for ensuring that government assets within their control are not used to advocate for or against any matter or person that has qualified for the ballot. This section does not prohibit the expenditure of government assets to create and provide informational or educational materials regarding a matterlhathas qualified for the ballot. Such information or educational materials shall provide a fair, accurate and impartial presentation of relevant information relating to the matter that has qualified for the ballot. However, government assets shall not be expended to create and provide such informational or educational materials in the 90 days prior to the election unless specifically authorized by the Board of Supervisors or required by the Public Records Act or other law. G:IPUBLIC\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 1E Quotation 9 2 PAGE KEY DATES .................................................................................................................... 3 BIDDING INSTRUCTIONS .............................................................................................. 4 PARTICIPATION ........................................................................................................... 14 DIR ACKNOWLEDGEMENT ......................................................................................... 14 REFERENCE LIST ........................................................................................................ 15 SCOPE OF WORK ........................................................................................................ 16 QUOTATION SCHEDULE ............................................................................................. 22 CHECK LIST ................................................................................................................. 25 ATTACHMENTS .................................................................................................... 26 G:IPUBLICIRFQ\FY 2015-16\968-5419 OP & MNTCE OF LANDFILL GAS COLL SYS • AADS\968-5419 OP & MNTCE OF LANDFILL GAS COLL SYS -AADS.DOC G:\PUBLICIRFQIFY 2015-16\968-5419 OP & MNTCE OF LANDFILL GAS COLL SYS-AADS\968-5419 OP & MNTCE OF LANDFILL GAS COLL SYS -AADS.DOC Quotation 9 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. 4 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 AM. 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 em ail: CountyPurchasing@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:\PUBLIC\RFQ\FY 2015-16\968-5419 OP & MNTCE OF LANDFILL GAS COLL SYS-AADS\968-5419 OP & MNTCE OF LANDFILL GAS COLL SYS-AADSDOC 9 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 INSPECTIONNENDOR 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: 9:00A.M. LOCATION: 18950 W American Ave Kerman, CA 93630 VENDOR CONFERENCE: On January 14, 2016 at 9:00A.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., Kerman, 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, planning to attend the conference. 600-71 if are 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 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 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:\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 9 6 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 im pi em entation. 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 all agencies and organizations that receive the basic RFQ. addenda will be provided to 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., 61 h Floor, Fresno, CA 93721. Reference shall be made to the purchase order/contract number and equipment number if applicable on the invoice. G:IPUBLICIRFQ\FY 2015-161968-5419 OP & MNTCE OF LANDFILL GAS COLL SYS-AADS\968-5419 OP & MNTCE OF LANDFILL GAS COLL SYS -AADSDOC No. 9 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 County's intent to contract with the successful bidder for a term of three (3) years. RENEWAL: Agreement may be renewed for a potential of two (2) one (1) year periods, based on the mutual written consent of all parties. QUANTITIES: Quantities shown in the bid schedule are approximate and the County guarantees no minimum amount. The County reserves the right to increase or decrease quantities. ORDERING: Orders will be placed as required by County of Fresno Public Works & 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 perform its work and function. However, County shall retain the right to administer this Agreement so as to verify that Contractor is performing its obligations in accordance with the terms and conditions thereof. Contractor and County shall comply with all applicable provisions of law and the rules and regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof. Because of its status as an independent contractor, Contractor shall have absolutely no right to employment rights and benefits available to County employees. Contractor shall be solely liable and responsible for providing to, or on behalf of, its employees all legally-required employee benefits. In addition, Contractor shall be solely responsible and save County harmless from all matters relating to payment of Contractor's employees, including compliance with Social Security, withholding, and all other regulations governing such matters. It is acknowledged that during the term of the Agreement, Contractor may be providing services to others unrelated to the County or to the Agreement. SELF-DEALING 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 G:\PUBLIC\RFQIFY 2015-16\968-5419 OP & MNTCE OF LANDFILL GAS COLL SYS-AADS\968-5419 OP & MNTCE OF LANDFILL GAS COLL SYS-AADS.DOC differs from these bidder shall n"''""""' "'"""r·•ru-and structural characteristics for those details which differ from the <>n<>l"otor,;ronn EXAMINATION OF SITE: Where work is to be each bidder shall have examined the site of work before bidding and shall be for full 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: etc., by the contractor in the performance of his work shall be contractor. condition the CLEAN UP: The Contractor shall at all the clean from accumulation of waste materials or rubbish caused by his or work and shall remove all work debris from the job site. POWER & TOILET FACILITIES: Successful bidder may use County owned power and toilet facilities at job site (when existing) at no expense to the successful bidder. Successful bidder will be required, '""""""'r to provide and other items as necessary to water and power from service site. COORDINATE WORK WITH OWNER: Successful bidder shall coordinate and schedule the work with the so that any to the normal business be to a minimum. All material and shall be examination and test the at any and a!! times which manufacture and/or construction are carried on. The shall have the to defective material and or its correction. therein the skill and the site and compare all of the features or conditions nrn\JI!:"'"n"' to its full intent and workmaniike manner. The contractor shall with all local codes and ordinances as works contractors""'"'"''·" with the of Industrial Relations and pay an annual Fresno will not public works bids from contractors and subcontractors who have not rAnl«rc::,rc:>n DIR and have not met this Please refer to ~~=~~~~"".l.~~"- ':l.Yl!I.!:S.!2L!::h!QJ~}l.Q!:!S.§:~t:!Q:!JJJ[lll for m ore inform atio n. This requirement, found in Labor Code Sections 1725.5 and 1770-1777.7, now projects. to all public works Contractor must submit verification of DIR registration with their quotation. Failure to submit verification may result in their quotation being considered non-responsive. PREVAILING WAGES: The work to be done on this will involve the installation, rehabilitation, demolition, construction or reconstruction of public buildings, other public works. In accordance with Labor Code section 1770, et seq., the Director of the of Industrial Relations of the State of California has determined the prevailing wages rates and employer payments for health and welfare pension, travel time 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 including holiday and overtime on this project are on file with the Purchasing 4525 E. Hamilton California 93702, and are herein G:\PUBLICIRFQ\FY 2015-16\968-5419 OP & MNTCE OF LANDFILL GAS COLL SYS-AADS\968-5419 OP & MNTCE OF LANDFILL GAS COLL SYS-AADS.DOC Wage Rates may be found on rates for Relations: !t shall be upon the Contractor herein and upon any subcontractor to pay not less than the prevailing wage including overtime and holiday rates, to all or mechanics employed on this public work project. including those workers employed as Contractor and each subcontractor shall comply with Labor Code sections 1777.5 and 1777.6 concerning the employment of 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 fo1ieit as a to County Two Hundred Dollars ($200.00) for each calendar day or for each worker less the wage rates for the work or craft in which the worker is employed for any work done under this by Contractor or by any subcontractor under Contractor in violation of Labor Code section 1770, et In addition to the the difference between the wage rates and amount to each worker each calendar thereof for which each worker was less than the wage rate shall be Contractor or subcontractor. Contractor and each subcontractor shall an accurate record <:rr::~inle>t time and overtime hours worked or other work In accordance with Labor Code section i shall be certified and verified a written declaration under of the record is true and correct and that the Contractor or subcontractor Labor Code sections 1771, 1811 and 1815 for any work its These records shall be open at all reasonable hours and to the of the State of California - not limited to the Division of Labor Standards Enforcement. Contractor shall to the Tulare Records within the allotted time terminate this the COUNTY's to obtain indemnification from CONTRACTOR or any third at its sole expense, maintain in full force and the insurance policies or a program of self-insurance, including but not limited to, an insurance pooling or Joint Powers Agreement (JPA) throughout the term of the Agreement A. Commercial General Liability: Commercial General Liability Insurance with limits of not less than One Million Dollars ($1 ,000,000) per occurrence and an annual of Two Million Dollars ($2,000,000). This policy shall be issued on a per occurrence basis. COUNTY may specific coverages including completed operations, products liability, contractual liability, Explosion-Collapse-Underground, fire legal liability or any other liability insurance deemed necessary because of the nature of this contract. B. 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 of not less than Thousand Dollars ($50,000.00), or such coverage with a combined 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 Liability:: If CONTRACTOR employs licensed professional staff, (e.g., Ph.D., R.N., L.C.S.W., M.F.C.C.) in providing services, Professional Liability Insurance with limits of not less than One Million Dollars ($1 ,000,000.00) per occurrence, Three Million Dollars ($3,000,000.00) annual G:\PUBl.ICIRFQIFY 2015-16\968-5419 OP & MNTCE OF LANDFILL GAS COLL SYS • AADS\968-5419 OP & MNTCE OF LANDFILL GAS COLL SYS-AADS.DOC Quotation 9 D. Worker's Compensation: A policy of Worker's Compensation insurance as may be required by the California Labor Code. 10 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 h 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. EPAYMENT 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/epayablesvendors or call Fresno County Accounts Payable, 559-600-3609. G:\PUBLICIRFQIFY 2015-16\968-5419 OP & MNTCE OF LANDFILL GAS COLL SYS-AADS\968-5419 OP & MNTCE OF LANDFILL GAS COLL SYS -AADS.DOC BIDDER TO COMPLETE: Name of Insurance Carrier: Producer: Aon Risk Insurance Services Inc. Public liability: National Union Fire Insurance Co of 10/1/16 Automotive Insurance: National Union Fire Insurance Co of 10/1/16 Worker's Compensation: Insurance of the State of Expires: 10/1/16 Proof of maintenance of insurance will be GUARANTEE: The bidder shall state his written Tetra Tech BAS maintenance of routine services, before award is made to vendor. GUARANTEED PICK UP AND/OR DELIVERY: Bidder will be considered in award of bid auarantee. Enter auarantee on this line (i.e. number of davs from receiot of order to delivervl: In the I I if can made or with your hirl where service and/or maintenance can be "'"''~'C'A"' Failure to furnish this information "'''"'"''"'"' of bid. m::.int~"'''""~""' of In a of non routine services, location where service I maintenance can be obtained will '""""""'~'"' component, and manufacturer's ADDITIONAL ITEMS: The County may require additional items from those in bid schedule. Price list for additional items: A [ ] percent discount from manufacturer's enclosed price list will be allowed on purchases of all additional items. State name of price list, indicate applicable price column and give effective date of price list here: No discount offered. Prices on additional items will be based on successful bidder's firm discount prices from manufacturer's enclosed published list. G:IPUBLIC\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 Prices on additional items will be based on successful bidder's firm discount current list Successful bidder will be to file any new from manufacturer's list that may become 1 effective the life of the contract with the of Fresno within (30) days of its effective. State Purchase Order address: SUBCONTRACTORS: list all subcontractors that would work in excess of one/half of one '"'"''.'"'"''"t of the total amount of your and state of work such subcontractor would be ""''Tnnm Best Environmental Services -Source SCEC -Source Roberts Environmental Air Bidder to possess license for the in accordance The bidder shall possess current State California contractor's Class General another license class that covers the work to be must indicate the license held which enables him/her to the work. Date Bidder must also submit of Contractor's license the Consumer Affairs- Contractors' State license Board. Failure to submit verification may result in bidder's response considered nnr,_r<>,:l>f>ri'Oi\1"' BONDS: PERFORMANCE BOND: The successful bidders may be required to furnish a faithful 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 (1 00%) of the contract BONDING COMPANY: The company bonds shall be a admitted by the California Insurance Commissioner to do business in the State of California with an AM Best of 8++ VIII or better. COORDINATION AND COMPLETION: The successful bidder shall contact and meet with the County Coordinator at the job site prior to commencement and of any work. Successful bidder shall the job as instructed and described in writing by the bid or amendment. Any problem or uu'-""u' that arise in the scope of work, the County must be contacted and the appropriate written amendment 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 9 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. DEFAU!.. T: 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:\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 BIDDER TO COMPLETE THE FOLLOWING: The County of Fresno is a member of the Central Valley Kern, and Tulare Counties and all tax Group. This group consists of Fresno, n"''""'"'" within these counties. Whenever possible, these and other tax supported agencies co-op (piggyback) on contracts put in place by one of the other "''"'''"~'"'i""" Any agency to avail itself of this will make in their own name, make payment directly to the contractor, be liable to the contractor and vice versa, per the terms of the contract, all the while holding the County of Fresno harmless. If awarded this contract, indicate whether you would extend the same terms and conditions to all tax supported within this group as you are proposing to extend to Fresno County. we will extend contract terms and conditions to all within the Central Valley Group and other tax No, we will not extend contract terms to any agency other than the of Fresno. In accordance with labor Code Sections 1725.5 and 1770-1777.7, that I have '''"''"t"·r<>l1 with the l<>n,<>rt•m<:>nt of Industrial Relations and all Certified Records will be the DIR Website. additional that materialize from the will be with. Attached is verification of the DIR Financial Officer DIR # 1000001425 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 · MDSDOC 15 Provide a at least (5) customers products/services. Be sure to all Reference Name: Address: City: Reference Name: Address: City: Reference Name: Address: City: Reference Name: Address: City: cause 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 9 Page 16 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 II (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 II, 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 additional10 vertical wells in Fill Area II, 12 vertical wells in Fill 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 (HOPE) 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 HOPE pipe, varying in size from 4 to 24 inches in diameter. Most of the collection system header and lateral piping in Fill Area II 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 i8" LFGCCS conveyance header from Fill Area Ill to the junction of the 12" Fill Area II 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 HOPE header. The flare stations are located to the west of the scalehouse, between Fill Areas I and II. 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.ai.(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 II, 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 B). 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\RFQ\FY 2015-161968-5419 OP & MNTCE OF LANDFILL GAS COLL SYS-MDS\968-5419 OP & MNTCE OF LANDFILL GAS COLL SYS -MDS.DOC Quotation 9 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. 1 00-foot intervals 2. Annual Reporting 3. Quarterly testing in accordance with CCR 17 §95460 et. al. requirements using: a. 25-foot intervals b. 1 DO-foot intervals 4. Quarterly reporting ......::::;=::..::::. Annual LFG Flare Source Test (FST) ..:...:::.=....:. 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 listing 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 11 §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 ±2 calendar days of notice to proceed with the second biweekly operation event occurring 14 days± 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:\PUBLIC\RFQ\FY 2015-16\968-5419 OP & MNTCE OF LANDFILL GAS COLL SYS-MDS\968-5419 OP & MNTCE OF LANDFILL GAS COLL SYS -MDS.DOC 968-5419 18 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 obseryations, etc.) Pressure " Methane, oxygen, and carbon dioxide concentrations Wellhead vacuum (where applicable) Header 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 G:IPUBLICIRFQIFY 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. 9 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 S. Maintenance -Annually Quarterly activities 7. At project inception and annually thereafter, prepare and inventory a mutually agreed upon list of critical spare parts for repair and maintenance. 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. 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 1 00-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\RFQIFY 2015-161968-5419 OP & MNTCE OF LANDFILL GAS COLL SYS-AADS\968-5419 OP & MNTCE OF LANDFILL GAS COLL SYS -AADSDOC Quotation No. 9 20 3. Quarterly 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 1 00-foot intervals. 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 3 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 to the County a minimum of 40 days prior to the scheduled FST date. The FST date(s) 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 to APCD; perform the FST in accordance with the APCD approved work plan; and submit a FST summary report(s), meeting all the NSPS/EG and Title V permit requirements, to the County within 40 days of completion of the FST. Once the final FST report is final, submit the report(s) to 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 . ..::..::::.;:;..:.;....::. Preparation of other NSPS/EG and Title V 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 2 or 3 above. These reports include: 1. Semi-Annual New Source Performance Standards 2. Semi-Annual Startup, Shutdown and Malfunction Plan (SSM) Reports 3. Semi-Annual Report of Required Monitoring (RRM) 4. Annual Compliance Certificate 5. Annual Landfill Methane Rule (LMR) 6. Annual Mandatory Reporting Rule (MMR), 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 (existing 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. 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 9 A "not to exceed" quote shall be provided by the contractor to the County for all consultation I agency response work. Consultation I 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. 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 Name: Tetra Tech BAS All labor, materials, equipment, service etc. to nrnlflr1 P all work and associated services to perform Task 1, Task 2, Task 3, and Task 4 as soeclt!Eod under this for Quotation. The bid award will be based on the combined fees of Task 1, 3 and 4. Task 1 -Routine landfill gas and maintenance. TOTAL ANNUAL FEE Operation (biweekly) X 26 = (monthly) X 12 = $ (quarterly) X 4 :::: 1,180 Maintenance (monthly) X 12 :::: Maintenance ::: $620 Maintenance = 12 '"" Annual 1 Annual X 970 TOTAL fEES ONE YEAR-TASK 28 ..:..$__:__ _____ _ Task 2-Annual Landfill gas surface emissions and '""'"''""ton in accordance with CCR17 et seq. with 100-foot intervals. TOTAL ANNUAL FEE Annual (i 00-foot intervals) X :::: Annual Reporting $970 X = 970 Annual Rate TOTAL FEES ONE YEAR-TASK 2C G:\PUBLICIRFQ\FY 2015-16\968-5419 OP & MNTCE OF LANDFILL GAS COLL SYS-AADS\968-5419 OP & MNTCE OF LANDFILL GAS COLL SYS-AADS.DOC landfill QCIS SUrface emiSSi011S iA<:::Ir!nN and ,,...,.,"lf"''''u"' with 25-foot intervals. in accordance with CCR17 Quarterly Testing (25-foot intervals) $7,260 X 4 ::: Quarterly Rate Quarterly Reporting $970 X 4 ::::: Quarterly Rate TOTAL FEES ONE YEAR-TASK 20 landfill gas surface emissions .,;,., .... ,.,. ... t., with 100-foot intervals. Quarterly Testing (1 00-foot intervals) $7,260 Quarterly Rate Quarterly Reporting 3-Annual LFG Flare Annual Semi-Annual NSPS Semi-Annual SSM Semi-Annual RRM Reports $764 Semi-Annual Rate Annual Compliance Certificate $146 Annual Rate Annual LMR $764 Annual Rate Annual MMR $764 Annual Rate X 4 X 4 X :::: X 2 = X 2 ;:::: X 2 = X = X = X = TOTAL FEES ONE YEAR -TASK 4 FEES ONE (25-foot TASK 1, 20, 3, and 4 SUMMARY-TOTAL FEES TASK 1, 2C, 3, 4 TOTAL ANNUAL FEE TOTAl ANNUAL FEE 472 146 $764 $764 5,202 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. 9 Page Consultation/regulatory 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 Services) 2. Non-routine scheduled maintenance will be provided as needed and will be based on the Contractor's proposed scope of work and proposed cost to complete the project. All such proposals shall be submitted to the County in advance of performing any services. The contractor will perform services only after receiving written acceptance of the proposal by the County. Contractor proposal shall be itemized. The bidder shall provide his/her labor rates and methods used to determine proposal pricing for equipment, services, material, parts, etc. A Hourly Rates See Attachment 1 State straight time and overtime rates for all potential personnel classifications that may be used in performing work as described under Extra Services. Explain when overtime rates will apply. B. Equipment I Parts I Materials See Attachment 1 State method(s) for determining cost to County for equipment, parts, materials, etc. used in performing Extra Services projects. (i.e. discounts from a published price list(s), cost plus, etc.). C. Outside Services Cost plus 10% State method for determining cost to County for all services rendered by a third party for work performed under Extra Services. Services (Extra Emergency Services will be performed immediately upon instruction of the County. An advance written proposal from the Contractor will not be required. An itemized invoice will be required upon completion of each project performed under 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. 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 "'"""''"'',,.. to assist the vendors in the of their bid response. Included in this I ist, are of the bidder to submit with the bid in order to make the bid compliant. entirety. a the bidder must read and comply with the bid in its Check off each the following: 1 2. 3. 4. 5. 6. 7. 8. 9. 10. 11 12. 13. X X X X X X X NA X X 14. X 15. X All signatures must be in blue ink. The for Quotation (RFQ) has been and One and Two of the RFQ have been provided. if any, have been completed, and included in the bid oac:Kacm The completed Reference List as with this RFQ. The Quotation Schedule as with this RFQ has been reviewed for accuracy and any corrections initialed in ink. Indicate all of bidder exc:eptior1s stated within this RFQ. conditions and The The Local Vendor Bid Preference and Disablecl section (if has been Bic1der to with this RFQ. Business included. included Bid Preference Verification of of Industrial Relations Contractor Verification of Contractor's license and State License Board. County of Fresno RFQ No. Closing Date: Closing Time: of Consumer Affairs-Contractors' G:\PUBl.IC\RFQIFY 2015-161968-5419 OP & MNTCE OF LANDFILL GAS COLL SYS-MDS\968-5419 OP & MNTCE OF LANDFILL GAS COLL SYS-MDS.DOC DATE A1. ""··""'----~· ·-·---·----~····-·----·-·--·-·---·--~·---(PRINT} Use: G:\PUBLIC\RFQIFY OP &. MNTCE OF U\NDFILL GAS COLL SYS • AP,DS\SG8·5419 P.DO i .DOC (1012015) The Public Works and Planning Department of the County of Fresno (County) is requesting QI.Ji)laltlorts for the following work to be performed at the Amertcan Avenue Disposal Site: 2 The Site is in rural central Fresno County, approximately 17 miles west of the City or Fresno on American Avenue, between Highway 145 and Placer Avenue (Attachment A). The Sile address is 18950 Wes1 American Avenue Kerman, California 93630. The Sile is an exisling 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 wasle disposal. The existing LFGCCS includes 11 vertical wells installed in the inactive Fill Area I, 67 vertical wells (dual compleiion wells counted as two) installed and 8 Leachate Collection and Recovery System riser conneci.ions in the inactive, Fill Area II (Attachment B), and 7 vertical wells installed in Fill Area m. The County anticipates approximately 22 additional landfill gas {lFG) wells to be installed in Fill Area II, and Fill Area Ht The number of additional wells to be installed is currently in the design phase and is subject to change. The design proposes an addriional10 vertical wells in rm Area il, 12 vertical wells in rm Area Ill with construction scheduled to be completed by summer 2016. The exisling and proposed vertical wells are 6 inches in diameler with 4 inch diameler extensions as necessary lo facilitale operations and are constructed of high"density polyethylene Well boreholes are lypically 30 inches in diameter and range in (original, pre-extension) installation depths to 89 feet The LFG header and laterals are constructed of fusion·welded HDPE pipe, diameter. Most of the collection system header and latera! piping in Fill Area above·grade except for: a lateral that is sub-grade of a haul road in two locations for connectia,f'l 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 and Facility, where the header passes under the paved road before the flare sialion Most of the 18" header from Fi~ Area m to the junction of the 12" Fill Area!! is installed The Hr header on the fill Area Ill waste mass is installed a!.'l(l\Je,,ar~!lle The LFG collected the lFGCCS is to the flare stations via the 12·inch HDPE header. The flare stations are located lo lhe west of the scalehouse. between F~l Areas I and It The flaring is of two blower skids equipment). vertical condensate injection and the air compressors. The enclosed the John Zink high. The flare rated for a maximum heat 51 MMBT/hr. LFG Specialties, LLC. and is 1 i feet in diameter and 60 feet MMBTUIIiL The Site is operated under !he conditions Title ;.-.m.n::uw and is 8 feet in diameter and 40 feet flare No, 2 is manufaclufed Flare 2 is rated for a maximum heat output of No. C,311 S.2~13, C). The LFG moving equipment for Flare No. consists of lwo mu!ll,slage blowers with a raled capacity of 1,700 scfm ea01'1. The blowers are connected in parallel configuration and one 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 sdm each, connected in series of which !wo can operate simultaneously with the lhird used as a standby. Condensate collected in the LFG headers is drained into eight aulomatic pneumatic condensate sumps. Four sumps are adjacent to the Fill Area lit one located on the western side, one localed on the south easlem side and two locaied immediately north of the flare. Three sumps are located along the conveyance header adjacenl to the Soil Stockpile Area, one on the southeast side, two on !he 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 il into Flare No. 1 or Fiare 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 lis ling references for operation of three similar systems within the last G:\PUBUCiRFQ\FY 20t5, 16\961!·5419 OP & MNTCE OF lANOf!U. GAS COLl SYS AADS\96115419 ADD 1.00C IMPORTANT: SUBMIT QUOTATION IN SEALED PACKAGE WITH QUOTATION"'"""''""'"-CLOSING DATE AND BUYER'S NAME MARKED CLEARLY ON THE OUTSIDE TO: MNTCEOF GAS COll SYS , f\1)0 2.DOC {Hl/2015) edules Administrative Assistant (ADA) CADD Operator (CO) Chief Engineering Technician (CT) Chief of Survey Parties (CSP) Construction Engineering Technician Construction Manager (CM) Construction Supervisor (CS) Designer (DD) Division Engineer (DE) Drafter (D) Engineer (E) Engineer I (E-1) Engineer II (E-11) Engineer !II (E-111) Engineer IV (E-IV) Engineer V (E-V) Engineering Technician (ET) Engineering Technician I (ET-1) Engineering Technician II (ET-11) Engineering Technician Ill (ET-111) Engineering Technician IV (ET-IV) Engineering Technician V (ET-V) Environmental Engineer (EE) Environmental Engineer I (EE-l) Environmental Specialist (ES) Environmental Specialist I (ES-1) Environmental Specialist II (ES-11) Environmental Specialist m (ES-111) Landscape Architect (LA) Principal (P) Principal Administrator (PA) Principal Engineer (PRE) Principal Engineer/Geologist Principal Expert (PX) Principal Solid Waste Planner (PSW) 1360 Valley Vista Drive Diamond Bar, California 91765 (909) 860-7777 $95 Project Accountant/Analyst (M) $85 Project Clerk (C)/Typist (Y) $137 Project Coordinator (PC) $148 Project Data (DP)/Word Processing (WP) $149 Project Data Analyst (DA) $183 Project Designer (PD) $157 Project Engineer/Geologist $131 Project Manager I (PM-I) I Engineer VI (E-VI) $219 Project Manager II (PM-II)/ Engineer V-II (E-Vil) $107 Project Manager ill (PM-III) $102 Project Office Services Clerk (OS) $115 Regulatory Compliance Manager (RCM) $125 Regulatory Compliance Specialist (RS) $135 Regulatory Compliance Specialist II (RS-11) $146 Senior CADD Operator (SCO) $156 Senior Construction Manager (SCM) $47 Senior Designer (SDD) $70 Senior Drafter (SD) $83 Senior Engineer (SRE) $93 Senior Engineer/Geologist $109 Senior Environmental Scientist (SNS) $121 Senior Environmental Specialist (SES) $93 Senior Project Coordinator (SPC) $98 Senior Project Designer (SPD) $!07 Senior Project Engineer/Geologist $119 Senior Project Manager (SM) $135 Senior Regulatory Compliance Specialist (SRS) $141 Senior Staff Engineer/Geologist $142 Senior Technical Editor (STE) $258 Soils/ Asphalt/Field Technician $209 Soils/Asphalt/Field Technician (Prevailing Wage) $229 Staff Engineer/Geologist $229 Supervising Engineer/Geologist $281 1-Man Survey Party with GPS (I M-GPS) $229 2-Man Survey Party (SP-2M) Court Appearance (Expert Witness, Deposition) Overtime Premium is 50% of Personnel Hourly Rate $96 $72. $121 $85 $64 $156 $148 $171 $180 $190 $79 $163 $129 $142 $95 $203 $143 $117 $200 $184 $168 $148 $141 $171 $168 $206 $155 $128 $117 $92 $107 $108 $209 $194 $254 (Effeaive October I, 20 IS -September 30, 2016 -Rates Subject to 2.5% annual escalation) RS1600 Page 1 of 3 1360 Valley Vista Drive Diamond Bar, California 91 (909) Effective October I, 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: Reproduction/Plotting: Telefax (Outgoing only): Mileage: Xerox Copies Color Copies Wide Format Copies Blueprints Bond Plotting -: Black & White Bond Plotting --Color Vellum Plotting Mylar Plotting Personal Vehicle Company Vehicle 5% OF TOTAL PERSONNEL FEES Company Vehicles Survey Vehicles Other Out-of-Pocket Expenses/Supplies/Travel Equipment Usage Consultants/Outside Services* Construction Services Per Diem for living Expenses CADD Computer Usage Field Computer Services GPS Survey Equipment Services RS1600 $0.10/page $0.50/page $0.30/sq. ft. $0.50/sq. ft. $2.00/sq. ft. $4.00/sq. ft. $4.00/sq. ft. $5.00/sq. ft. $1.00/page $0.60/mile $0.70/mile $15.00/hour $15.00/hour Cost+ 15% See Attached Schedule Cost+ 15% Cost+ 15% Federal Rates $1 0.00/hour $40.00/week $40.00/hour Page 2 of 3 Diamond 91765 (909) Effective October I, 2015 -September 30, 2016 (Subject to 2.5% annual escalation) !Alpha -I Personal Sampling Pump $7. $200 $500 !Disposable Bailer $20/each n/a n/a !C02 Calorimetric Analysis Tubes $40 $125 $250 !Downhole Camera $75/hr n/a n/a !Dupont Dosimeter Mark-3 (Personal Sample Pump) $50 $150 $300 IFiow Calibrator (Gilian) $50 $150 I $300 IGas Extraction Monitor (GEM 500 I 2000 I 2000 Plus) $125 $350 $900 !Lung Sampler (Nutech 218) $100 $300 $800 !Mini-Ram Data Logger $40 $!25 $250 !Mini-Ram Dust Meter $50 $150 $300 :c:.5 ,.,,.'-Vapor Analyzer (OVAI28) $125 $400 $1,000 !Photo Ionization Detector (OVM580B) $125 $400 $1,000 !Sample Train (Gas Extraction Pump) $50 I $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 !Grounu· (dl"' Sampling Equipment $30/hour n/a n/a :ompany Vehicle $120 $480 $1,250 =ield Sampling Supplies: 100/day n/a n/a .EVEI . C (Per Person) ~Q_ r]/_~ n/a Respirator with Cartridge (full or half faced) ~Co"""'· Ou<ec Gl'""· Glo" Lioo" Noopc.oo Boo" ne or Nuclear Density Gauge $8/hour n/a n/a ger 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 Contracto I for # 1 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. license is current and active. should be reviewed. 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 06/30/2017 License Status Classifications A-GENERAL ENGINEERING CONTRACTOR C57-WELL DRILLING I HAZ-HAZARDOUS SUBSTANCES REMOVAL Certifications Bonding Information Contractor's Bond ~his license filed a Contractor's Bond with AMERICAN CONTRACTORS INDEMNITY COMPANY. ~ond Number: SC1 025469 Bond Amount: $15,000 /Effective Date: 01/01/2016 ~ontractor's Bond History -----------·------ Bond of Qualifying Individual J ~his license filed Bond of Qualifying Individual number 09181384 for MC GREGOR KELLY PAUL in the amount of $12,500:-w"thJ riDELITY AND DEPOSIT COMPANY OF MARYLAND. 1 Effective Date: 04/04/2015 @QI's Bond History Workers' Compensation tps://www2.cslb.ca.gov/OnlineServices/CheckLicenseii!LicenseDetail.aspx?LicNum=572017 2/4/201( g l 0 ar g -~ it 0 01 :::> z c: 3 CT ~ TRANSACTION DISCLOSURE FORM INSTRUCTIONS 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 DISCLOSU 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: