HomeMy WebLinkAbout05 - Agreement for Landfill Gas Control System Operations and Maintenance Services at Newport Terrace LandfillQ SEW Pp�T
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c�<,FORN'P City Council Staff Report
July 13, 2021
Agenda Item No. 5
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Mark Vukojevic, Utilities Director - 949-644-3011,
mvukojevic@newportbeachca.gov
PREPARED BY: Josh Rosenbaum, Sr. Management Analyst,
jrosenbaum@newportbeachca.gov
PHONE: 949-644-3057
TITLE: Agreement with American International Environmental, Inc., for
Landfill Gas Control System Operations and Maintenance Services
at Newport Terrace Landfill
ABSTRACT:
The City of Newport Beach (City) Utilities Department oversees the operations,
maintenance and monitoring (O&M) of the closed Newport Terrace landfill. The current
professional service contract is set to expire July 24, 2021. A formal Request for
Proposals (RFP) selection process was conducted, and staff recommends the approval
of a three-year professional services agreement with American International
Environmental, Inc., to perform O&M services for the Newport Terrace Landfill gas control
system.
RECOMMENDATION:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because
this action will not result in a physical change to the environment, directly or indirectly;
and
b) Approve a Professional Services Agreement for Landfill Gas Control System
Operations and Maintenance Services at Newport Terrace Landfill with American
International Environmental, Inc., for a three-year term with a not -to -exceed amount
of $475,000, and authorize the Mayor and City Clerk to execute the Agreement.
DISCUSSION:
The Newport Terrace residential community is located at the northeasterly corner of
19th Street and Balboa Boulevard along the City's westerly boundary with Costa Mesa.
The property was acquired by the City and used as a solid waste disposal site (landfill) in
the 1950s and early 1960s. It was sold to a private company in the early 1970s and
developed with residential condominium units along both sides of the landfill area. A map
is included as Attachment B. A gas collection system was installed as part of the
residential project's construction and the homeowner's community association (Newport
Condominium Association, or NCA) was responsible for the system's operation and
maintenance.
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Agreement with American International Environmental, Inc., for Landfill Gas Control
System Operations and Maintenance Services at Newport Terrace Landfill
July 13, 2021
Page 2
By October 2004, that responsibility evolved into litigation between the NCA and the City,
which culminated in a Settlement and License Agreement in November 2006. The
Agreement established that the City was responsible for: 1) the design and construction
of an upgraded system, and 2) the ongoing O&M of the system after completion of
construction. The Agreement also provided that the construction costs and O&M costs
are to be shared equally between the City and NCA. Construction work began in
September 2007 and was completed in May 2008, with formal acceptance by the City
Council on May 27, 2008.
On April 27, 2021, the City published Request for Proposal (RFP) solicitation No. 21-57,
requesting proposals from bidders interested in providing operation, maintenance and
monitoring services for the Newport Terrace Landfill Gas Control system. Eight firms
attended a mandatory on-site pre -proposal meeting on May 5, 2021, and four firms
submitted proposals by the RFP deadline of May 18, 2021.
The four proposals were ranked based on a two-step evaluation process. The first step
involved the review of proposals with technical scores based on the following:
Qualifications and experience of the Proposer; Proposer's demonstrated understanding
of the Landfill Gas Control System, work plan, and methodology; and Proposer's recent
experience in conducting similar type of scope of services work. The second step of the
evaluation process involved a ratio of cost analysis performed on the four proposals that
each scored above 70% (or earned over 42 points of possible 60) in the technical portion.
The evaluation panel included three management staff members from the Utilities
Department and Anthony Silva representing the Newport Terrace Condominium
Association. On June 9, 2021, two of the Utilities staff members and Mr. Silva conducted
a final interview with the two highest scoring proposers to help determine the selected
vendor. The results of the evaluation process are provided in the table below.
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TECHNICAL
COST SCORE —
TOTAL SCORE
PROPOSER
SCORE—
MAX. 40
— MAX. 100
OVERALL
(EST. ANNUAL
RANK
MAX. 60
(Items 1-5)
COST - Items 1-5
AMERICAN
37.19
INTERNATIONAL
55.00
92.19
1
ENVIRONMENTAL
$80,330
TETRA TECH
51.50
91.50
2
$74 680
32.88
MONTROSE
49.50
82.38
3
$90,844
38.05
SCS ENGINEERS
42.50
80.55
4
$78,512,
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Agreement with American International Environmental, Inc., for Landfill Gas Control
System Operations and Maintenance Services at Newport Terrace Landfill
July 13, 2021
Page 3
The evaluation panel scored American International Environmental's (AIE) proposal the
highest technical score due to the firm's overall experience and familiarity with the
Newport Terrace Landfill gas control system. The principal partner of AIE formerly worked
at Montrose (the current contractor) and was the primary field and on-site technician of
the system for the past 10 years. AIE provides similar services for other Southern
California landfills of comparable size and complexity. The top two technically ranked
vendors each had very similar, competitively low-cost proposals for the ongoing routine
maintenance and operations, including laboratory analysis and the required annual
source test for air quality. Due to the close scoring in both the technical and cost ratio
analysis phases, a final interview with each of the two highest ranking firms was
conducted to help determine the selected vendor. After the final interview and
post -interview discussions among the panel, the evaluation scoring remained the same
and AIE was selected for contract award. Therefore, staff recommends approval of a
three-year professional services agreement with American International Environmental,
Inc., to perform O&M services for the Newport Terrace Landfill gas control system
(Attachment A).
Under the terms of the Settlement and License Agreement, NCA is obligated to reimburse
the City for 50 percent of the actual costs incurred. Reimbursement will be accomplished
by submittal of a City invoice, which will continue to be done on a monthly basis.
FISCAL IMPACT:
The adopted FY 2021-22 budget includes sufficient funding for this Agreement. The
contract will be expensed to the Environmental Liability Fund across two accounts:
Contract Services account 16003-811008 (covers the routine monthly operations,
maintenance and monitoring services (OM&M) and the laboratory analysis expenses) and
Equipment Maintenance and Repair account 16003-851010 — in the Utilities Department
portion of the special fund. This covers any unforeseen and routine maintenance repairs
to the landfill gas control complex system.
Revenues or reimbursements for one-half of the costs incurred paid by NCA to the City
will be posted to the 16001 Environmental Liability Fund revenue account for Newport
Terrace Landfill.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this project exempt from the California
Environmental Quality Act (CEQA) pursuant to Section [insert exemption section number
(short description of section)] of the CEQA Guidelines, California Code of Regulations,
Title 14, Chapter 3, because it has no potential to have a significant effect on the
environment.
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Agreement with American International Environmental, Inc., for Landfill Gas Control
System Operations and Maintenance Services at Newport Terrace Landfill
July 13, 2021
Page 4
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A —American International Environmental, Inc. Professional Services
Agreement
Attachment B — Site Map of Closed Landfill at Newport Terrace HOA
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ATTACHMENT A
PROFESSIONAL SERVICES AGREEMENT
WITH AMERICAN INTERNATIONAL ENVIRONMENTAL INC. FOR
NEWPORT TERRACE LANDFILL GAS CONTROL SYSTEM OPERATIONS AND
MAINTENANCE SERVICES
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and
entered into as of this 13th day of July, 2021 ("Effective Date"), by and between the CITY
OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and
AMERICAN INTERNATIONAL ENVIRONMENTAL INC., a California corporation
("Consultant"), whose address is 14241 Firestone Blvd., Suite 400, La Mirada, California
90638, and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Consultant to provide environmental engineering services
for the operations and maintenance of the Newport Terrace Landfill Gas Control
System ("Project").
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on July 12, 2024, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). City may elect to delete certain Services within the Scope of Services at its
sole discretion.
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3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this Agreement
and Consultant shall perform the Services in accordance with the schedule included in
Exhibit A. In the absence of a specific schedule, the Services shall be performed to
completion in a diligent and timely manner. The failure by Consultant to strictly adhere to
the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely
manner may result in termination of this Agreement by City.
3.2 Notwithstanding the foregoing, Consultant shall not be responsible for
delays due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein not later than ten (10) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Consultant's control.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand -delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of Billing
Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's
compensation for all Work performed in accordance with this Agreement, including all
reimbursable items and subconsultant fees, shall not exceed Four Hundred Seventy
Five Thousand Dollars and 001100 ($475,000.00), without prior written authorization
from City. No billing rate changes shall be made during the term of this Agreement without
the prior written approval of City.
4.2 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name of the person
who performed the Work, a brief description of the Services performed and/or the specific
task in the Scope of Services to which it relates, the date the Services were performed,
the number of hours spent on all Work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar
days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only for those costs or expenses specifically
identified in Exhibit B to this Agreement or specifically approved in writing in advance by
City.
American International Environmental Inc. Page 2
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4.4 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the Project,
but which is not included within the Scope of Services and which the parties did not
reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Kamiz Jozitehrani to be its
Project Manager. Consultant shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Consultant, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
5.3 If Consultant is performing inspection services for City, the Project Manager
and any other assigned staff shall be equipped with a cellular phone to communicate with
City staff. The Project Manager's cellular phone number shall be provided to City.
6. ADMINISTRATION
This Agreement will be administered by the Utilities Department. City's Senior
Management Analyst or designee shall be the Project Administrator and shall have the
authority to act for City under this Agreement. The Project Administrator shall represent
City in all matters pertaining to the Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Consultant, one copy of all existing
relevant information on file at City. City will provide all such materials in a timely manner
so as not to cause delays in Consultant's Work schedule.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the Services required by this Agreement, and that it will
perform all Services in a manner commensurate with community professional standards
and with the ordinary degree of skill and care that would be used by other reasonably
American International Environmental Inc. Page 3
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competent practitioners of the same discipline under similar circumstances. All Services
shall be performed by qualified and experienced personnel who are not employed by City.
By delivery of completed Work, Consultant certifies that the Work conforms to the
requirements of this Agreement, all applicable federal, state and local laws, and legally
recognized professional standards.
8.2 Consultant represents and warrants to City that it has, shall obtain, and shall
keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services contemplated
by this Agreement (collectively, the "Indemnified Parties") from and against any and all
claims (including, without limitation, claims for bodily injury, death or damage to property),
demands, obligations, damages, actions, causes of action, suits, losses, judgments,
fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys'
fees, disbursements and court costs) of every kind and nature whatsoever (individually,
a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or
indirectly) to any breach of the terms and conditions of this Agreement, any Work
performed or Services provided under this Agreement including, without limitation,
defects in workmanship or materials or Consultant's presence or activities conducted on
the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions
of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants,
subcontractors, anyone employed directly or indirectly by any of them or for whose acts
they may be liable, or any or all of them).
9.2 Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the sole
negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall
be construed as authorizing any award of attorneys' fees in any action on or to enforce
the terms of this Agreement. This indemnity shall apply to all claims and liability
regardless of whether any insurance policies are applicable. The policy limits do not act
as a limitation upon the amount of indemnification to be provided by Consultant.
American International Environmental Inc. Page 4
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10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No civil
service status or other right of employment shall accrue to Consultant or its employees.
Nothing in this Agreement shall be deemed to constitute approval for Consultant or any
of Consultant's employees or agents, to be the agents or employees of City. Consultant
shall have the responsibility for and control over the means of performing the Work,
provided that Consultant is in compliance with the terms of this Agreement. Anything in
this Agreement that may appear to give City the right to direct Consultant as to the details
of the performance of the Work or to exercise a measure of control over Consultant shall
mean only that Consultant shall follow the desires of City with respect to the results of the
Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in order
to ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of Work, Consultant shall obtain, provide and maintain at its own expense during the term
of this Agreement or for other periods as specified in this Agreement, policies of insurance
of the type, amounts, terms and conditions described in the Insurance Requirements
attached hereto as Exhibit C, and incorporated herein by reference.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall be
construed as an assignment: The sale, assignment, transfer or other disposition of any
American International Environmental Inc. Page 5
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of the issued and outstanding capital stock of Consultant, or of the interest of any general
partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or
joint -venture or syndicate or co -tenancy, which shall result in changing the control of
Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five
percent (25%) or more of the assets of the corporation, partnership or joint -venture.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Consultant shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any subcontractor nor shall it create any obligation on the
part of City to pay or to see to the payment of any monies due to any such subcontractor
other than as otherwise required by law. City is an intended beneficiary of any Work
performed by the subcontractor for purposes of establishing a duty of care between the
subcontractor and City. Except as specifically authorized herein, the Services to be
provided under this Agreement shall not be otherwise assigned, transferred, contracted
or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other writing
produced, including but not limited to, websites, blogs, social media accounts and
applications (hereinafter "Documents"), prepared or caused to be prepared by Consultant,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole right
to use such materials in its discretion without further compensation to Consultant or any
other party. Additionally, all material posted in cyberspace by Consultant, its officers,
employees, agents and subcontractors, in the course of implementing this Agreement,
shall become the exclusive property of City, and City shall have the sole right to use such
materials in its discretion without further compensation to Consultant or any other party.
Consultant shall, at Consultant's expense, provide such Documents, including all logins
and password information to City upon prior written request.
17.2 Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for reuse by
City or others on any other project. Any use of completed Documents for other projects
and any use of incomplete Documents without specific written authorization from
Consultant will be at City's sole risk and without liability to Consultant. Further, any and
all liability arising out of changes made to Consultant's deliverables under this Agreement
by City or persons other than Consultant is waived against Consultant, and City assumes
full responsibility for such changes unless City has given Consultant prior notice and has
received from Consultant written consent for such changes.
17.3 All written documents shall be transmitted to City in formats compatible with
Microsoft Office and/or viewable with Adobe Acrobat.
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18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept confidential
unless City expressly authorizes in writing the release of information.
19. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including costs,
contained in Consultant's Documents provided under this Agreement.
20. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3) years,
or for any longer period required by law, from the date of final payment to Consultant
under this Agreement. All such records and invoices shall be clearly identifiable.
Consultant shall allow a representative of City to examine, audit and make transcripts or
copies of such records and invoices during regular business hours. Consultant shall allow
inspection of all Work, data, Documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment to Consultant
under this Agreement.
21. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction of
the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall not
discontinue Work as a result of such withholding. Consultant shall have an immediate
right to appeal to the City Manager or designee with respect to such disputed sums.
Consultant shall be entitled to receive interest on any withheld sums at the rate of return
that City earned on its investments during the time period, from the date of withholding of
any amounts found to have been improperly withheld.
22. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would have
resulted if there were not errors or omissions in the Work accomplished by Consultant,
the additional design, construction and/or restoration expense shall be borne by
Consultant. Nothing in this Section is intended to limit City's rights under the law or any
other sections of this Agreement.
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23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
24. CONFLICTS OF INTEREST
24.1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et
seq., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Agreement, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
24.2 If subject to the Act and/or Government Code §§ 1090 et seg., Consultant
shall conform to all requirements therein. Failure to do so constitutes a material breach
and is grounds for immediate termination of this Agreement by City. Consultant shall
indemnify and hold harmless City for any and all claims for damages resulting from
Consultant's violation of this Section.
25. NOTICES
25.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
25.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: Utilities Director
Utilities Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
25.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Kamiz Joziterani
American International Environmental, Inc.
14241 Firestone Blvd. Suite 400
La Mirada, CA 90638
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26. CLAIMS
26.1 Unless a shorter time is specified elsewhere in this Agreement, before
making its final request for payment under this Agreement, Consultant shall submit to
City, in writing, all claims for compensation under or arising out of this Agreement.
Consultant's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Agreement except those previously made in
writing and identified by Consultant in writing as unsettled at the time of its final request
for payment. Consultant and City expressly agree that in addition to any claims filing
requirements set forth in the Agreement, Consultant shall be required to file any claim
Consultant may have against City in strict conformance with the Government Claims Act
(Government Code sections 900 et seq.).
26.2 To the extent that Consultant's claim is a "Claim" as defined in Public
Contract Code section 9204 or any successor statute thereto, the Parties agree to follow
the dispute resolution process set forth therein. Any part of such "Claim" remaining in
dispute after completion of the dispute resolution process provided for in Public Contract
Code section 9204 or any successor statute thereto shall be subject to the Government
Claims Act requirements requiring Consultant to file a claim in strict conformance with the
Government Claims Act. To the extent that Contractor/Consultant's claim is not a "Claim"
as defined in Public Contract Code section 9204 or any successor statute thereto,
Consultant shall be required to file such claim with the City in strict conformance with the
Government Claims Act (Government Code sections 900 et seq.).
27. TERMINATION
27.1 In the event that either party fails or refuses to perform any of the provisions
of this Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) calendar days, or if more than two (2) calendar days are reasonably required
to cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, and
thereafter diligently take steps to cure the default, the non -defaulting party may terminate
the Agreement forthwith by giving to the defaulting party written notice thereof.
27.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Consultant. In the
event of termination under this Section, City shall pay Consultant for Services
satisfactorily performed and costs incurred up to the effective date of termination for which
Consultant has not been previously paid. On the effective date of termination, Consultant
shall deliver to City all reports, Documents and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
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28. PREVAILING WAGES
28.1 Pursuant to the applicable provisions of the Labor Code of the State of
California, not less than the general prevailing rate of per diem wages including legal
holidays and overtime Work for each craft or type of workman needed to execute the
Work contemplated under the Agreement shall be paid to all workmen employed on the
Work to be done according to the Agreement by the Consultant and any subcontractor.
In accordance with the Califomia Labor Code (Sections 1770 et seq.), the Director of
Industrial Relations has ascertained the general prevailing rate of per diem wages in the
locality in which the Work is to be performed for each craft, classification, or type of
workman or mechanic needed to execute the Agreement. A copy of said determination
is available by calling the prevailing wage hotline number (415) 703-4774, and requesting
one from the Department of Industrial Relations. The Consultant is required to obtain the
wage determinations from the Department of Industrial Relations and post at the job site
the prevailing rate or per diem wages. It shall be the obligation of the Consultant or any
subcontractor under him/her to comply with all State of California labor laws, rules and
regulations and the parties agree that the City shall not be liable for any violation thereof.
28.2 Unless otherwise exempt by law, Consultant warrants that no contractor or
subcontractor was listed on the bid proposal for the Services that it is not currently
registered and qualified to perform public work. Consultant further warrants that it is
currently registered and qualified to perform "public work" pursuant to California Labor
Code section 1725.5 or any successor statute thereto and that no contractor or
subcontractor will engage in the performance of the Services unless currently registered
and qualified to perform public work.
29. STANDARD PROVISIONS
29.1 Recitals. City and Consultant acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Agreement.
29.2 Compliance with all Laws. Consultant shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator and City.
29.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
29.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
American International Environmental Inc. Page 10
5-14
29.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
29.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
29.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney.
29.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
29.9 Controlling Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
29.10 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
29.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
29.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
American International Environmental Inc. Page 11
5-15
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORIJEY'Sr OFFICE
Date: 3
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
BT� By:
A r C. Har L-Lf'1� Brad Avery
City Attorney Mayor
ATTEST:
Date:
in
Leilani 1. Brown
City Clerk
CONSULTANT: American International
Environmental, Inc., a California
corporation
Date:
Bw
Kamiz Joziterani
President
Date:
By:
Shery Vosoughkia
Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
American International Environmental Inc. Page 12
5-16
EXHIBIT A
SCOPE OF SERVICES
American International Environmental, Inc. Page A-1 5-17
ATTACHMENT A: SCOPE OF SERVICES
Consultant shall provide the following Services at the rates described in Exhibit B
attached hereto and incorporated herein:
Item 1: Routine O&M Services.
Monitoring Pursuant to Regulations and as described in the O&M
Manual (See attached O&M Manual for the LFG System.)
Monthly
Monitor 19 extraction wells for:
• Methane
• Carbon Dioxide
• Oxygen
• Balance gas
• Static pressure
• Temperature
• System pressure
Monitor 1-12S wells (EW Nos. 12, 13, 13S, 14, 15 and 15S) for:
— H2S, as well as the parameters listed above for all wells
Monitor 81 monitoring probes in 40 monitoring wells for:
• Static pressure
• Methane
• Carbon Dioxide
• Oxygen
• Balance gas
Monitor landfill gas treatment system inlet and exhaust for:
• Methane
• Carbon Dioxide
• Oxygen
• Balance gas
• Static pressure
• Temperature
Monitor Sulfatreat System exhaust for:
• Sulfur compounds as H2S
Page A-1
5-18
Sample and analyze carbon adsorber inlet and outlet:
• Sample using a method conforming to CARB Method 422 or
equivalent
• Analyze using EPA Method T014 or other SCAQMD approved
method for:
- Volatile Organic Compounds (Total Gaseous Non -Methane
Organics)
- Speciate for Rule 1150.1 toxic air contaminants
(Note: Costs for laboratory analyses are to be listed separately in the
Proposal Quotation Form):
Monitor carbon adsorber outlet for:
• Total non -methane hydrocarbons using an organic vapor analyzer
equipped with a photo ionization detector or other approved method
• Chloroform
• Vinyl Chloride
• Hydrogen Sulfide
• Total Non -Methane Organic Compounds
Quarterly
Obtain laboratory analyses of a gas sample from a monitoring probe of:
• Toxic Air Contaminants (TAC) from the probe with the highest
concentration during any one of the monthly monitoring events during
the quarter.
• Total Organic Compounds (TOCs) -- if during any monthly monitoring
event the TOC concentration measured with a Flame Ionization
Device or approved alternative instrument exceeds 5% by volume in
any of the probes, a single sample from the probe with the highest
concentration.
Maintenance Parameters
Monthly
• Monitor 4 condensate sumps
Page A-2
5-19
- Check counters at each location to ensure pumps are operating
properly
- Inspect condition
• Treatment system -
- Check air compressor to ensure it is working properly
- Check oil and blow -down valve to ensure they are working
properly
• Switch blowers - alternate operation to extend life
• Download flow meter (Yokogawa) data
A more complete description of maintenance activities is presented in
Section 6 of the O&M Manual and summarized in Tables 6a and 6b of
that document. The equipment which will require periodic inspection and
maintenance include, but is not limited to, the air compressor (for the
pneumatic condensate system); blowers; flame arrestor; moisture
separator; electrical controls; gauges and sampling ports; piping, valves
and fittings (extraction wells, monitoring wells/probes); the carbon
adsorption and sulfa -treat units; the automated flow meter; and the
automated sumps.
The operator is responsible for the equipment being in working order and
for the general condition of the physical facilities of the system.
Quarterly
• Calibrate methane and H2S sensors (general monitors) in blower
station
Reporting
Monthly
• Prepare a report of all monitoring activities and submit it to the City,
NCA, and the Orange County Health Care Agency (the LEA)
Quarterly
• Prepare the Rule 1150.1 monitoring report and submit it to the
SCAQMD within 45 days of the end of the quarter.
Page A-3
5-20
Page A-4
5-21
Consultant shall make appropriate adjustments to the applied vacuum on
the wellfield and at individual wells to accomplish the operating objectives
and optimize the life of equipment.
Consultant shall prepare a Health and Safety Plan (HASP) to cover all work
performed under this contract. All work is to be performed in a manner which
conforms to appropriate industry standards for quality control. Monitoring
and laboratory work shall be performed pursuant to procedures and
documentation of quality control as may be required by the relevant
regulatory agencies (e.g., SCAQMD, CIWMB).
Note: the cost for routine services described above, including quarterly
services and reporting, are to be included in the annual lump sum cost for
this item.
Item 2:
Laboratory Analyses
Costs for laboratory analyses (e.g. Rule 1150.1 TACs) are to be listed
separately in the Proposal Quotation Form. It is expected that the number
and frequency of laboratory analyses will change during the time period of
this contract.
Item 3:
Landfill Gas Source Test
Under the terms of the SCAQMD Permit to Operate, Consultant shall
perform (or subcontract for) the annual source test. This requires testing
inlet and outlet gas for: methane, TGNMOs, Rule 1150.1 TACs, total sulfur,
moisture content, temperature, flow rate, and oxygen.
Items
Carbon and Sulfa -Treat Change -out
4 & 5:
The activated carbon treatment and Sulfa -Treat media will need to be
replaced from time to time pursuant to requirements of the SCAQMD
Permits.
Item 6:
Non -Routine and Emergencv Services
Consultant shall perform repairs and modifications to the system as may
become required for sound system operation. Such work will be
compensated on a time -and -materials (T&M) basis in accordance with a rate
schedule attached hereto, and incorporated herein, as Exhibit B.
Consultant shall respond to problems at the Site without advance city
approval ("call -outs"). These activities will also be compensated on a T&M
basis. Consultant shall notify the city as soon as practical in case of such
an event.
Page A-4
5-21
Item 7: 1 Engineering Services
Consultant shall provide professional services for design and construction
of system repair projects, assistance with regulatory reporting and
permitting, capital improvement planning and other services as required to
maintain the system.
Such work will be compensated on a time -and -materials (T&M) basis in
accordance with a rate schedule attached hereto, and incorporated herein,
as Exhibit B.
Safety Requirements:
Consultant shall be solely and completely responsible for conditions of the job -site,
including safety of all persons (including contractor's employees and sub -contractors) and
property during performance of the work. Consultant shall fully comply with all State,
Federal and other laws, rules, regulations, and orders relating to the safety of the public
and workers.
The principal components of LFG are methane and carbon dioxide; other gases which
may be found in lesser amounts are hydrogen sulfide, organic acids and gases, and
nitrogen. Hydrogen sulfide is HIGHLY TOXIC; the other acidic gases and organic vapors
should also be treated as toxic and hazardous. In concentrations of 5 to 15 percent by
volume in air, methane may explode when ignited by a spark or other ignition source. In
addition, LFG can displace oxygen in confined spaces. Confined spaces within which
oxygen levels are below 19 percent by volume should not be entered.
The LFG system operator needs to develop a site-specific HASP (including lock -out, tag -
out procedures) based on analysis of the existing site conditions.
Inspection and Approval:
All work and materials required shall be subject to the inspection and approval of the
City representative.
Page A-5
5-22
EXHIBIT B
SCHEDULE OF BILLING RATES
American International Environmental, Inc. Page B-1 5-23
EXHIBIT B - SCHEDULE OF BILLING RATES - AMERICAN INTERNATIONAL ENVIRONMENTAL, INC
ITEM
ITEM DESCRIPTION
QUANTITIES
PRICE AT QUANTITY
JANNUTLEXPENSE
ROUTINE O&M SERVICES - Monitoring Pursuant
to Regulations and as described in the OM&M
1
Plan, Other Monitoringand Maintenance
LUMP SUM
$ 3,900.00
$ 46,800.00
Parameters, and Reporting (as specified in RFP
(MONTHLY)
Section 1-F and attached O&M Manual),
exclusive of laboratory analyses.
LABORATORY ANALSYSIS - Provide unit cost for
2
laboratory analyses of air/gas samples,
including :
2A
Total Gaseous Non -Methane Organics
UNIT PRICE
$ 175.00
$ 2,100.00
(TGNMOs) (12/yr)
Rule 1150.1 Toxic Air Contaminants (TACs)
2B
(28/yr)
UNIT PRICE
$ 232.14
$ 6,500.00
3
LANDFILL GAS SOURCE TEST
UNIT PRICE
$ 6,S00.00
$ 6,500.00
CARBON CHANGE OUT - Provide lump sum
4
costs for replacement of carbon adsorption
media:
4A
For a Single Vessel
UNIT PRICE
$ 4,565.00
$ 4,S6S.00
413
For a Double Vessel
UNIT PRICE
$ 9,130.00
$ 9,130.00
SULFA -TREAT CHANGE - OUT -Provide unit cost
S
for replacement of Sulfa -Treat media.
UNIT PRICE
$ 9,300.00
$ 9,300.00
NON -ROUTINE SERVICES AND EMERGENCY
6
RESPONSE - Provide rate schedule for T&M
T&M
Attached Rate Sheet
work, including labor and equipment rates.
ENGINEERING SERVICES - Provide rate schedule
7
for T&M work, including labor and equipment
T&M
Attached Rate Sheet
rates.
TOTAL CONTRACT NOT TO EXCEED AMOUNT: $475,000.00
5-24
STAFF DESIGNATION
RATE PER HOUR
Senior Officer
$ 220
Technical Support
$190
Principal
$175
Senior Licensed Professional
$ 150
Project Professional
$ 130
Construction Manager
$ 130
Staff Professional
$ 100
Assistant Professional
$ 85
Senior Technician
$ 85
Technician
$ 70
Project Coordinator
$ 70
Draftsperson
$ 70
Clerical
$ 60
EQUIPMENT
RATE PER DAY
Instruments -PID or equivalent
$ 110
LEL Meter
$ 45
GEM 5000
$ 165
Flow Meter
$ 20
Multiparameter Water Quality Meter
$120
Dissolved Oxygen Meter
$ 35
ORP Meter
$ 35
pH/Conductivity Meter
$ 30
Turbidity Meter
$ 25
Oil/Water Interface Probe
$ 60
Water Level Indicator
$ 33
Blower or Vacuum Unit
$ 125
Powered Liquid Pump
$ 90
5-25
Power Generator
$ 65
Tedlar Bags
$14 Each
OTHER
Travel per mile
$ 0.95
Daily Truck use
$ 60
Subcontractor Markup
15%
Material Markup
15%
Please Note:
All rates applicable during hours of operation: Monday -Friday 8 a.m to 5 p.m
All rates are subject to mark up not to exceed 250% for litigation support and court appearance.
Equipment not used regularly may not be included on this list. Rate will be presented for approval prior
to use.
5-26
EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of Insurance. Without limiting Consultant's indemnification of City, and
prior to commencement of Work, Consultant shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Consultant
agrees to provide insurance in accordance with requirements set forth here. If
Consultant uses existing coverage to comply and that coverage does not meet
these requirements, Consultant agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury by
disease in accordance with the laws of the State of California, Section 3700
of the Labor Code.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council, boards
and commissions, officers, agents, volunteers, employees and any person
or entity owning or otherwise in legal control of the property upon which
Consultant performs the Project and/or Services contemplated by this
Agreement.
B. General Liability Insurance. Consultant shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The policy
shall cover liability arising from premises, operations, personal and
advertising injury, and liability assumed under an insured contract (including
the tort liability of another assumed in a business contract).
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
arising out of or in connection with Work to be performed under this
American International Environmental, Inc. Page C-1 5-27
Agreement, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
D. Professional Liability (Errors & Omissions) Insurance. Consultant shall
maintain professional liability insurance that covers the Services to be
performed in connection with this Agreement, in the minimum amount of
one million dollars ($1,000,000) per claim and two million dollars
($2,000,000) in the aggregate. Any policy inception date, continuity date,
or retroactive date must be before the Effective Date of this Agreement and
Consultant agrees to maintain continuous coverage through a period no
less than three years after completion of the Services required by this
Agreement.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation against
City, its City Council, boards and commissions, officers, agents, volunteers,
employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services
contemplated by this Agreement or shall specifically allow Consultant or
others providing insurance evidence in compliance with these requirements
to waive their right of recovery prior to a loss. Consultant hereby waives its
own right of recovery against City, and shall require similar written express
waivers from each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but not
including professional liability, shall provide or be endorsed to provide that
City, its City Council, boards and commissions, officers, agents, volunteers,
employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services
contemplated by this Agreement shall be included as insureds under such
policies.
C. Primary and Non Contributory. All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self-insurance
maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days' notice of cancellation (except for nonpayment for which ten
(10) calendar days' notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
American International Environmental, Inc. Page C-2 5-28
A. Evidence of Insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance certificates
and endorsement must be approved by City's Risk Manager prior to
commencement of performance. Current certification of insurance shall be
kept on file with City at all times during the term of this Agreement. The
certificates and endorsements for each insurance policy shall be signed by
a person authorized by that insurer to bind coverage on its behalf. At least
fifteen (15) days prior to the expiration of any such policy, evidence of
insurance showing that such insurance coverage has been renewed or
extended shall be filed with the City. If such coverage is cancelled or
reduced, Consultant shall, within ten (10) days after receipt of written notice
of such cancellation or reduction of coverage, file with the City evidence of
insurance showing that the required insurance has been reinstated or has
been provided through another insurance company or companies. City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days' advance
written notice of such change. If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. Right to Review Subcontracts. Consultant agrees that upon request, all
agreements with subcontractors or others with whom Consultant enters into
contracts with on behalf of City will be submitted to City for review. Failure
of City to request copies of such agreements will not impose any liability on
City, or its employees. Consultant shall require and verify that all
subcontractors maintain insurance meeting all the requirements stated
herein, and Consultant shall ensure that City is an additional insured on
insurance required from subcontractors. For CGL coverage,
subcontractors shall provide coverage with a format at least as broad as CG
20 38 04 13.
D. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided
by any insurance. Specific reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Consultant maintains higher
American International Environmental, Inc. Page C-3 5.29
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Consultant. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
F. Self-insured Retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
G. City Remedies for Non -Compliance. If Consultant or any subconsultant fails
to provide and maintain insurance as required herein, then City shall have
the right but not the obligation, to purchase such insurance, to terminate this
Agreement, or to suspend Consultant's right to proceed until proper
evidence of insurance is provided. Any amounts paid by City shall, at City's
sole option, be deducted from amounts payable to Consultant or reimbursed
by Consultant upon demand.
H. Timely Notice of Claims. Consultant shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Consultant's
performance under this Agreement, and that involve or may involve
coverage under any of the required liability policies. City assumes no
obligation or liability by such notice, but has the right (but not the duty) to
monitor the handling of any such claim or claims if they are likely to involve
City.
Consultant's Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the
Work.
American International Environmental, Inc. Page C-4 5-30
ATTACHMENT B
Newport
Terrace
Closed
Landfill
Gas
Control
System
Station
5-31