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HomeMy WebLinkAboutPSA - Methane Mitigation at Closed Biosolids Landfill at Organic Resources Facility - Weaver Consulting Group North Central, LLC1316 COUNTY —CITY BUILDING Y { PHONE 574/ 235-92$1 227 W. JEFFERSON BOULEVARDlac �" �p FAX 574/ 235-9171 SOT ITH BEND_ INDIANA 46601-1 830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS December 19, 2019 Mr. Bryan DeVarona Weaver Consulting Group North Central, LLC 7121 Grape Road Granger IN 46530 RE: Professional Services Agreement Dear Mr. DeVarona: The Board of Public Works, at its meeting held on December 19, 2019, approved the above referenced agreement for the methane mitigation at the closed Biosolids Landfill at Organic Resources Facility in the amount of $6,500. Enclosed please find a copy of the agreement for your records. If you have any further questions regarding this matter, please call this office at (574) 235-9251. Sincerely, -- Linda M. Martin, Clerk Enclosure GARY A. GILOT GENEVIEVE E. MILLER ELIZABETH A. MARADIK LAURA L. O'SULLIVAN THERESE J. DORAU WEAVER CONSULTANTS GROUP NORTH CENTRAL, LLC 7121 Grape Road Granger, Indiana 46530 Voice: (574) 271-3447 Fax: (574) 271-3343 PROPOSAL ACCEPTANCE SHEET Description of Services: Proposal for Technical Assistance Project Name: Methane Mitigation Plan Project Address: Biosolids Landfill — Organic Resources Center Date: December 11, 2019 For approval and payment of charges, invoices will be charged to the account of: Client: City of South Bend Attention: Andrea Alexander Street Address: 3113 Riverside Drive Telephone: (574) 235-5813 City/State: South Bend, Indiana Zip Code: 46628 This AGREEMENT is subject to the attached General Terms and Conditions Version 2009 — Al comprising 3 pages and the following special provisions/payment schedule: This Agreement is accepted by: Client By (Signature) By (Type/Print) Tit arks, 11 ffm Weaver Consultants Group North Central, LLC By (Signature) By (Type/Print) � S a Title Accepted , 20 Acknowledge the Terms and Conditions K.WCSWIProposa1ACiryofSouth BendWC LLC_Word.doc When the prospective Contractor is unable to certify to any of the statements below, it shall attach an explanation to this Affidavit. CONTRACTOR'S NON -COLLUSION AND NON -DEBARMENT AFFIDAVIT, CERTIFICATION REGARDING INVESTMENT WITH IRAN, EMPLOYMENT ELIGIBILITY VERIFICATION, NON-DISCRIMINATION COMMITMENT AND CERTIFICATION OF USE OF UNITED STATES STEEL PRODUCTS OR FOUNDRY PRODUCTS (Must be completed for all quotes and bids. Please type or print) STATE 017,1L I-L K/0 5 ) ) QUI°116L" COUNTY ) SS: The undersigned Contractor, being duly sworn upon his/her/its oath, affirms under the penalties of perjury that: 1. Contractor has not, nor has any other member, representative, or agent of the firm, company, corporation or partnership represented by him, entered into any combination, collusion or agreement with any person relative to the price to be bid by anyone at such letting nor to prevent any person from bidding nor to induce anyone to refrain from bidding, and that this bid is made without reference to any other bid and without any agreement, understanding or combination with any other person in reference to such bidding. Contractor further says that no person or persons, firms, or corporation has, have or will receive directly or indirectly, any rebate, fee, gift, commission or thing of value on account of such sale; and 2. Contractor certifies by submission of this proposal that neither contractor nor any of its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency; and 3. Contractor has not, nor has any successor to, nor an affiliate of, Contractor, engaged in investment activities in Iran. a. For purposes of this Certification, "Iran" means the government of Iran and any agency or instrumentality of Iran, or as otherwise defined at Ind. Code § 5-22-16.5-5, as amended from time -to -time. b. As provided by Ind. Code § 5-22-16.5-8, as amended from time -to -time, a Contractor is engaged in investment activities in Iran if either: i. Contractor, its successor or its affiliate, provides goods or services of twenty million dollars ($20,000,000) or more in value in the energy sector of Iran; or ii. Contractor, its successor or its affiliate, is a financial institution that extends twenty million dollars ($20,000,000) or more in credit to another person for forty-five (45) days or more, if that person will (i) use the credit to provides goods and services in Non -Collusion Non -Debarment Affidavit Non Iran Form 2016 the energy sector in Iran; and (ii) at the time the financial institution extends credit, is a person identified on list published by the Indiana Department of Administration. 4. Contractor does not knowingly employ or contract with an unauthorized alien, nor retain any employee or contract with a person that the Contractor subsequently learns is an unauthorized alien. Contractor agrees that he/she/it shall enroll in and verify the work eligibility status of all of Contractor's newly hired employees through the E-Verify Program as defined by I.C. 22-5-1.7-3. Contractor's documentation of enrollment and participation in the E-Verify Program is included and attached as part of this bid/quote; and 5. Contractor shall require his/her/its subcontractors performing work under this public contract to certify that the subcontractors do not knowingly employ or contract with an unauthorized alien, nor retain any employee or contract with a person that the subcontractor subsequently learns is an unauthorized alien, and that the subcontractor has enrolled in and is participating in the E-Verify Program. The Contractor agrees to maintain this certification throughout the term of the contract with the City of South Bend, and understands that the City may terminate the contract for default if the Contractor fails to cure a breach of this provision no later than thirty (30) days after being notified by the City. 6. Persons, partnerships, corporations, associations, or joint venturers awarded a contract by the City of South Bend through its agencies, boards, or commissions shall not discriminate against any employee or applicant for employment in the performance of a City contract with respect to hire, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment because of race, sex, religion, color, national origin, ancestry, age, gender expression, gender identity, sexual orientation or disability that does not affect that person's ability to perform the work. In awarding contracts for the purchase of work, labor, services, supplies, equipment, materials, or any combination of the foregoing including, but not limited to, public works contracts awarded under public bidding laws or other contracts in which public bids are not required by law, the City, its agencies, boards, or commissions may consider the Contractor's good faith efforts to obtain participation by those Contractors certified by the State of Indiana as a Minority Business ("MBE") or as a Women's Business Enterprise ("WBE") as a factor in determining the lowest, responsible, responsive bidder. In no event shall persons or entities seeking the award of a City contract be required to award a subcontract to an MBE/WBE; however, it may not unlawfully discriminate against said WBE/MBE. A finding of a discriminatory practice by the City's MBE/WBE Utilization Board shall prohibit that person or entity from being awarded a City contract for a period of one (1) year from the date of such determination, and such determination may also be grounds for terminating the contact for which the discriminatory practice or noncompliance pertains. 7. The undersigned contractor agrees that the following nondiscrimination commitment shall be made a part of any contract which it may henceforth enter into with the City of South Bend, Indiana or any of its agencies, boards or commissions. Non -Collusion Non -Debarment Affidavit Non Iran Form 2016 Contractor agrees not to discriminate against or intimidate any employee or applicant for employment in the performance of this contract with privileges of employment, or any matter directly or indirectly related to employment, because of race, religion, color, sex, gender expression, gender identity, sexual orientation, handicap, national origin or ancestry. Breach of this provision may be regarded as material breach of contract. I, the undersigned bidder or agent as contractor on a public works project, understand my statutory obligations to the use of steel products or foundry products made in the United States (I.C. 5-16-8-1). 1 hereby certify that I and all subcontractors employed by me for this project will use steel products or foundry products made in the United States on this project if awarded. I understand I have an affirmative duty to notify the City in my bid that my proposal does not include the use of steel products or foundry products made in the United States. I understand it is my sole obligation and responsibility to provide a justification to the City, subject to review and approval, why the cost of United States made steel or foundry products is unreasonable. Prior to award and upon submission of bid which does not use steel products or foundry products made in the United States, the City, through its director of public works, shall make a determination if the price of United States made steel or foundry is unreasonable. I understand that violations hereunder may result in forfeiture of contractual payments. I hereby affirm under the penalties of perjury that the facts and information contained in the foregoing bid for public works are true and correct. Dated this / r" day of tl" We Contractor/Bidder (Firm) Sigr c f Contractor7l idder or Its Agent Printed,114ame and Title IF Subscribed and sworn to before me this day of , 20IJ My Commission Expires d lgotar Public County of Residence Afe,4 "OFFICIAL SEAL" Non -Collusion Non -Debarment Affidavit Non Iran Form 2016 +L LYDIA TAITTS WALTERS Notary public, State of Illinois Commission Expires 4=1,020 WEAVER CONSULTANTS GROUP FEESCHEDULE (Effective January 1, 2018) I. PROFESSIONAL STAFF Unit U.S. $ a) Principal/Corporate Consultant....................................................................................................... Hr 210.00 b) Senior Project Director ..... ...„.......,...„...... ......... Hr 197.00 c) Project Director ,..„„....... .......... ................ ......... ........, ................,.,.„ Hr 184.00 d) Senior Project Manager ...... ..... . . ......... ............... .... ......,...,....„„,..... ...,..... ..... Hr 164.00 e) Senior Project Engineer/Scientist/Environmental Specialist ... .............. .................... ......„.,„..,.......,, Hr 150.00 0 Project Manager ......... . „„..... ............... ,,...... ... ................. Hr 140.00 g) Senior Industrial l-tygicnist ....... ..,,,..., ..... . ........ .-.... , ...... ,.. .„,.,,„... .,„...„., Hr 132.00 h) Project Esngincer)Scientist/Environmental Specialist ...... ............................................ „.„„. Hr 120.00 i) StaffSpecialist .,.,,..,, ,..,.. „..... .................... Hr 110.00 j) Geotechnical Engineer. .......... ......... ......... ......... ......... ..... Hr 105.00 k) Staff Environmental Geologist ... ..... ........ ........ ......... .......... ..„...... ......... ........„ .,,..,... Hr 94.00 1) Engineer/Scientist/Environmental Specialist/Industrial Hygienist .................................................. Hr 90.00 II. TECHNICAL STAFF a) Union Engineering Technician-Journeyman........................................................ ...............„...... ,.... Hr 125.00 b) Union [;txganearing "I"eclxnician. ..... .................... ....................„. .,,..„„.. Hr 120.00 c) (oizstrtlCtion Superintendent ,,,. .. ..... ..................,„,„ Hr 110.00 d) Construction Manager . ........... ....... ......... ........„...,,,...... Hr 96.00 e) System Specialist III ,..„ ....................... ...... ,..,,................................... Hr 138.00 f) System Specialist II.- .,,.,.,,,, „. ......... . ......... . ............. .. ............„,.. Hr 105.00 g) System Specialist I......................................................................... ......... ......................................... Hr 96.00 h) System Technician ........ ......... ....... ....... .... ......... .......... ... ..... . .....„„,. ,„... Hr 83.00 i) l`ield Engineer/Scientist//-'nvironmental Specialist „........ ....... .......... ......... ......... .„„....., Hr 100.00 j) Certified Technician ....... ...... ......... ,,....... ......,,, ......... ......... Hr 76.00 k) Senior Engineering Technician........................................................................................................ Hr 72.00 1) Engineering Technician II ,.„,...... ...... „„... ......... ......... , ..._..... ........ .........„.....,„„„. Hr 65.00 m) Engineering Technician I................................................................................................................. Hr 55.00 III. SUPPORT STAFF a) Senior CAD Designer . ......... .......................... .„,..„„,, ....... Hr 115.00 b) CAD Designer III .,.,„..,, .....„.„. „„.,., ..... ............................................ ...„.- Hr 108.00 c) CAD Designer II.............................................................................................................................. Hr 95.00 d) CAD Designer I............................................................................................................................... Hr 72.00 e) Technical Assistant.......................................................................................................................... Hr 68.00 f) Clerical/Word Processing,,....... ....„.... .......... .................. Hr 68.00 IV. SURVEYING a) Senior Professional Land Surveyor,,.,,,,, .......„„...„,„„„,,,.„ ... ......... Hr 154.00 b) Professional Land Surveyor ...... ......... ......... .....,.,.. ............... Hr 136.00 c) Survey Project Coordinator ....., ................. .......... ., ....... .......... ........ „„...,... Hr. 116.00 d) Survey Party Chief.......„ .......„....... .......... .... ......... .......... ...„„..,. Hr 105.00 e) Survey Technician II .... .............. ...... ............ Hr 65.00 f) Survey Technician I ...... ......... .......... ..,...... ...................... .....„.................... ...... --- .... Hr 53.00 g) Survey Party - 1 Person/GPS or Robotic ..,..,.„,.„........ , ......... ....... ...„„,,„,„ .„..„„„„. Hr 155.00 h) Survey Party - 2 Person/GPS or Robotic ...... .................. Hr 200.00 i) Survey Party - 2 Person Unmanned Aircraft................................................................................... Day 2,100.00 V. GENERAL EXPENSES a) Automobile Transportation.............................................................................................................. Mi. 0.75 b) Subcontract Service or Rental ,. ....„................................. ..„,,,,, ..... ,... ,....... ..... Cost+15% c) Report Preparation (outside services) .,.a ..„...„...---- .... .... .................................................... Cost+15% d) Outside Services (e.g., delivery, prints, document scanning, etc.) .„...„,,...„.........„..„„ ....................... Cost+15% e) Per Diem (food and lodging) ........ ...... .. ...... ........ - , .......... .......„.. .......,. ......... Day 140.00 f) Per Diem (no lodging) .. ......... ................... ...... ... .......,„„ .„....... Day 35.00 g) Transportation by Commercial Carrier or Rental Car ,,.,.,.,...„„„,.,. „„,.,, ,........ Cost+15% h) Travel Expense . ....... .............. ....................... ............ ... .....„,.., ...... Cost+15% i) Staking supplies (lath and hub) . ........ . .......... . ... .... . ........ ...„.,.,. Ea 2.00 j) Survey monumentation (iron pipe, rebar, spikes) excludes concrete monuments,,.,.,,,..., .... Ea 4.00 Any modification to this fee schedule requires the written approval of Weaver Consultants Group JAProposa➢Attachnnents_North CentraHFee ScheduleMCG Fee Sched effective Jan 12019.docx Page 1 of 2 WEAVER CONSULTANTS GROUP FEESCHEDULE (Effective January 1, 2018) VI. TESTING AND EQUIPMENT RENTAL FEES Unit U.S. $ a) pH, Specific Conductance and Temperature Meter.,......„„„„...,.......,„ ............... .......... .......... ..„.„....„„,.. Day 85.00 b) Peristaltic Filter Pump ... ... .......................................... ..... „....... . ......... ...................... Day 40.00 c) Electric Purge Pump........................................................................................................................ Day 45.00 d) Grundfos Pump Control Box.........,, „, ............ ......... .......... ............................... Day 110.00 e) Water Level Indicator...................................................................................................................... Day 35.00 f) Filter and Hose (for pump) ._..... ..................... ......,.,.,,.... Ea 22.00 g) Micropurge Flow Cell and Sonde.................................................................................................... Day 130.00 h) Modified Level "D" (Tyveks, Boots, Gloves)/per person/per change of clothing ........................... Ea 53.00 i) Photoionization Detector Meter ................ ... _......... ,,.. ........ ,............ .,.,,,. Day 116.00 j) Nuclear Density Gauge.................................................................................................................... Day 70.00 NuclearDensity Gauge .......................................... ................ .................... ...............„..,...„...,,...„...... Wk 300.00 k) Air Sampling Equipment, per pump................................................................................................ Day 53.00 1) Hand Operated Field Probe Equipment....................................................................„.,.,....„,..„......... Day 30.00 m) Explosimeter................................................ „......... .............................. Day 35.00 n) Gas Analyzer .. ........................... ,................ ... . ........ ...., .......„. Day 190.00 o) Flame Ionization Detector ,.....„„ ........„ ..... Day 265.00 p) Interface Probe................................................................................................................................. Day 55.00 q) ATV.................................................................................................................................................. Day 53.00 r) Company Truck ........ .-..... ..... ......... ......... ......... . ........ ......... Day 95.00 Company Truck (does not include fuel or mileage)„„,.....„,„...................„.....................................,,.. Wk 450.00 s) Hand -Held Field GPS/G15..„.... .................. ......... ......... ..... ..,...., Day 158.00 t) Laser Level .................. ......... ......... ......, ....... Day 79.00 u) Ground Penetrating Radar ,,.,,.,. . ........ . ........ .... Day 250.00 v) Geonics EM-61 .......... .. ..............„.„... ....„„..„. .„.,..... Day 525.00 w) Survey Grade GPS Unit................................................................................................................... Day 360.00 x) Electric Generator,.....,. . .... ........ ...... ,.. .......,.... ,.,,..... ......,. .......,, Day 69.00 y) Slug Test Equipment ..........................„„,...... ..,...... ......... ._...................,,....„„„„.... ..„,„.... Day 210.00 z) All Weather Key Alike Locks......................................................................................................... Ea 20.00 aa) Equipment Trailer......„„ ___ ....... ...,„....................................... Day 79.00 bb) Fluk Meter/Volt Meter/Loop Calibrator.......................................................................................... Day 126.00 cc) Four Gas Meter„....,..„... ....... ..... ........................................... ....„...._... ........ ........... ....... Day 20.00 1. All professional, technical, and support staff time and expenses spent in furtherance of the client's work will be billed. This includes, but is not limited to, proposal, field, travel, research, technical review and reporting, project management, client meeting, and project -specific administrative support. 2. An overtime rate of 1.3 times the regular rate is billed for technical and support staff services for work in excess of 40 hours per week, work between 7:00 p.m. to 5:00 a.m., and work on Saturdays. This overtime rate is increased to 2.0 times the regular rate for work on Sundays and holidays. 3. Unless otherwise agreed to in writing, a monthly interest charge of 18% per annum, will be charged accruing from the date of invoice, on all invoices not paid within 30 days. 4. The unit rates are subject to periodic modification (typically annually). These rate modifications will be incorporated into long-term projects, unless otherwise addressed in the project contract. 5. Litigation Support and Expert Witness services will be charged at a Senior Principal rate of $250/hour. Deposition and testimony services are charged at 1.5 times the Senior Principal billing rate. 1. Rates quoted are for expenses only, equipment purchased on the client's behalf is marked up 25%. 2. Personnel rates are billed separately from general expenses. 3. Standard non -disposable protective outer -wear or equipment damaged or contaminated by site conditions are billed at replacement cost plus 30%. 4. General expense mark-ups may be negotiated based upon contract size and payment terms. 5. The per diem rates set forth above are the standard rates we typically use for our technical staff on projects. We reserve the right to modify these rates in high cost areas. 6. Mileage rate is based on gasoline price of $3.50 per gallon. A fuel surcharge maybe added if a condition beyond Weaver Consultants Group control warrants it. TESTING AND EQUIPMENT RENTAL NOTES: 1. Rates for testing and equipment not listed above are available on request. 2. Testing and equipment rental costs are negotiable for specific projects and for on -site laboratory programs. 3. Laboratory unit prices cover equipment and labor costs to perform standard test procedures and laboratory reports with normal tum-around times. Non-standard testing requirements, supervisory and project management costs, data evaluation costs, and environmental sample disposal costs are not included in the testing unit prices and are billed separately. 4. Equipment rental rates are for equipment costs only. Transportation, calibration and personnel costs are billed separately. 5. Daily and weekly rates cover a maximum of 10 and 50 hours respectively. 6. SAMPLES WILL NOT BE RETAINED beyond classification and testing unless other arrangements are agreed to in writing. Environmental samples remain the property of the client. Any modification to this fee schedule requires the written approval of Weaver Consultants Group k\ProposahAttachments_North Central\Fee Schedule\WCG Fee Sched effective Jan 12019.,do- Page 2 of 2 WEAVER CONSULTANTS GROUP NORTH CENTRAL, LLC General Terms and Conditions Version 2009-A1 Page 1 of 4 These General Terms and Conditions are incorporated by reference into the foregoing Proposal and shall along with the Proposal constitute the agreement (the "Agreement") under which services are to be performed by Weaver Consultants Group North Central, LLC (WCG) for Client. Unless timely accepted without reservation or change by Client, the Proposal shall remain valid for 90 days after which time it shall expire and been deemed revoked. I a. It is understood that the scope of services and time schedule defined in the Proposal are based on the information provided by Client and certain assumptions based upon WCG's experience and Client's representations. If this information is incomplete or inaccurate, or if unexpected site conditions are discovered, the scope of services and time schedule may change, even as the work Is in progress. b. The scope of services shall include all services provided by WCG in its discretion, which are reasonably necessary and appropriate for the effective and prompt fulfillment of WCG'S obligations under the Agreement and all services shall be subject to the provisions of the Agreement, including these General Terms and Conditions and any Supplemental Terms or Conditions incorporated herein. All such services provided shall be invoiced and paid for in accordance with Section 3 below. c. All additional or subsequent work performed for client, shall be subject to these General Terms and Conditions, unless otherwise expressly superseded or modified by mutual written agreement of WCG and Client. a. It shall be the duty of the Client before and during the project to promptly notify WCG of any known or suspected hazardous substances which are or may be related to the services to be provided. Such hazardous substances shall include but not be limited to any substance which posed or may pose a present or potential hazard to human health or the environment, whether contained in product, material, by-product, waste or sample and whether it exists in a solid, liquid, semisolid or gaseous form. b. Following any disclosure as set forth in the preceding paragraph, or if any hazardous substances are discovered or reasonably suspected by WCG after its services are undertaken, and which WCG determines in its discretion substantially change the costs and risks of the project, then WCG may, at its discretion, discontinue its services. c. Client shall timely notify WCG of potential health hazards or nuisances which might arise out of the work by WCG and its contractors and/or subcontractors (hereinafter referred to as subcontractors), and thereafter WCG shall take necessary and reasonable measures to protect its employees against such possible health hazards or nuisances. The reasonable direct costs of such measures shall be bome by the Client. d. The Client shall notify WCO of any other conditions, of which Client is or should reasonably be aware of, which might significantly affect the efficiency or safety of work of WCG. a. Unless otherwise specifically provided in the Agreement, billings will be based on the fee schedule referenced in the proposal. WCG shall submit invoices monthly for services performed and expenses incurred and not previously billed on r^ any previous invoice. Payment is due upon receipt. -aatrnourwts�rnpaid-aFlee�ahirty-(°3ti'}ITd •the-invoiee°-clate�N°irnt- � og y�Wi�,�-a-tl barge n+lral'f ..�, �paroant-(�1�2°�perwnoatlai onto-lfi��ar�nwall„ trr agaltrwaxirrraate ilia lbs. The billing rates described in this Agreement may be modified on a periodic basis (typically annually). These modifications will be incorporated into long term projects, unless otherwise addressed in the Proposal. b. The Client shall provide WCG with a clear written statement within fifteen (15) days after receipt of the invoice of any objections to the invoice or any portion or element thereof. Failure to provide such a written statement shall constitute acceptance of the invoice as submitted. Only reasonably disputed sums may be withheld from payment. For purposes of this section, Client may only dispute a charge on the basis that the related services were not performed, or that they were performed in a defective manner falling beneath the requisite standard of care. Further, WCG and Client agree to promptly meet, address and resolve invoice disputes. c. The Client's obligation to pay for the services performed under this Agreement is in no way contingent upon other events; including but not limited to Client's ability to obtain financing, zoning, approval of governmental or regulatory agencies, final adjudication of a lawsuit in which WCG is not involved, complete a transaction or successfully complete the project. No deduction shall be made from any invoice on account of penalty, liquidated damages or other sums withheld from payment to WCG. d. If timely payments are not received, then WCG may commence collection activities. It is agreed that all expenses incurred by WCG in obtaining liens, obtaining judgments or collecting any amounts due under the Agreement including the time of WCG employees, at full billing rates, all associated costs, and reasonable attorney's fees shall be recoverable from the Client. a. If services to be provided under this Agreement require the agents, employees, or subcontractors of WCG to enter onto the Project site, Client shall provide timely right of access to the site to WCG, its employees, agents and subcontractors, to conduct the planned field observations and services. WCG shall take reasonable precaution to reduce damage to the site due to its operations, but is not responsible for the cost of restoration for any damage resulting from its operations, unless otherwise provided for in the Proposal. tr. 1' SAMPLING a. If the scope of services includes performance of soil borings, or other subsurface excavations by WCG, it is understood that the Client will furnish WCG with a diagram indicating the location and boundaries of the site, and all subsurface structures and utilities. WCG reserves the right to deviate a reasonable distance from the proposed boring location(s). Client recognizes that drilling equipment is large and heavy and understands the risk of site damage. At Client's request and cost, WCG will restore the site to the conditions existing prior to WCG operations If practicable. WCG shall not be liable for damage or injury to or resulting from damage to subterranean structures (pipes, tanks, cables, wires or other utilities and subsurface structures, etc.) which are not called to WCG's b. C. WEAVER CONSULTANTS GROUP NORTH CENTRAL, LLC General Terms and Conditions Version 2009-A1 Page 2 of 4 attention in writing and correctly shown on the diagram(s) furnished or correctly marked at the site. Unless otherwise stated, the fees in this proposal do not include costs associated with surveying of the site for the accurate horizontal and vertical locations of tests. Field tests or boring locations described in our report or shown on sketches are based upon information furnished by others and/or estimates made in the field by our representatives. Such dimensions and elevations should be considered as approximations unless otherwise stated. This agreement may be terminated by WCG if site conditions prevent soil borings or other subsurface excavations by WCG at or near the designated locations, because of either obstructions or safety considerations, and these conditions were not revealed to WCG prior to acceptance of this Agreement. If, in order to complete borings, or other subsurface excavation, to their designated depths, additional work is necessitated by encountering impenetrable subsurface objects, this and all additional work will be charged for at the appropriate rates in the fee schedule. d. Any equipment lost or damaged due to site surface or subsurface conditions, and not due primarily to the negligence of WCG or its subcontractors, will be invoiced at cost plus 15 percent. losses and expenses including attorneys' fees arising out of or resulting therefrom. SECTION 8: INDEMNITY PROVISIONS a. WCG agrees to indemnify, hold harmless, and defend Client from and against any loss, damage, injury, claim, and liability arising from and to the extent caused by the negligent acts or omissions of WCG, its agents and subcontractors, but subject to the limitations of liability set forth in Section 11 of this Agreement. Further, Client agrees to indemnify, hold harmless, and defend WCG against any loss, damage, injury, claim or liability not caused by or arising from the acts or omissions of WCG. b. Client hereby waives all claims for indemnity and contribution (and related theories) for claims which are otherwise covered (or would be ordinarily covered) when made directly to WCG or its subcontractors under Worker's Compensation insurance provided by WCG or its subcontractors. SECTION 9: STANDARD OF CARE a. WCG represents that the services performed under this Agreement will be performed with the care and skill ordinarily exercised by reputable members of the profession practicing under similar conditions at the same time in the same or similar locality. SECTION 6: SAMPLES b. a. All materials and samples will be discarded immediately after testing unless the Client advises WCG in writing to the contrary. In such case, the samples will be delivered, shipping charges collected, or stored at owner's expense. b. Client shall have the sole responsibility to dispose of any hazardous substance or regulated contaminant whether the result of or a by-product of sampling or not, in accordance with applicable law. Client shall bear all costs and liabilities c• associated therewith. C. Client agrees to indemnify, defend and hold harmless WCG from any claims made or asserted against WCG arising out of or related to collection, storage or disposition of samples or materials alleging a failure to comply with any Federal, State or local environmental law, regulation or ordinance. SECTION 7: REPORTS AND OWNERSHIP OF DOCUMENTS a. With the exception of WCG reports to Client, all documents, including field data, field notes, laboratory test data, calculations and estimates are and remain the property of WCG. Client agrees that all reports and other work furnished to the Client but not paid for in full will be returned to WCG upon demand and will not be used for design, construction, permits, licensing, or any other purpose. b. Documents, including but not limited to, technical reports, field data, field notes, laboratory test data, calculations, and estimates furnished to the Client or its agency pursuant to this agreement are not intended or represented to be suitable for use by third parties or reuse by the Client or to the extensions of the Project or on any other project. Any use or reuse without WCG's written consent will be at Client's sole risk and without liability or legal exposure to WCG or to WCG's subcontractor(s). Client shall indemnify and hold harmless WCG and WCG's subcontractor(s) from all claims, damages, Client recognizes that subsurface conditions may vary from those encountered at the locations where the borings, surveys, or explorations are made by WCG and that the data interpretations and recommendations of WCG's personnel are based solely on the information provided to WCG. WCG will be responsible for those data, interpretations, and recommendations, but shall not be responsible for the interpretation by others of the information developed. NO OTHER WARRANTY, EXPRESSED OR IMPLIED, IS MADE OR INTENDED BY RENDITION OF CONSULTING SERVICES OR BY FURNISHING ORAL OR WRITTEN REPORTS OF THE FINDINGS MADE. SECTION 10: INSURANCE a. WCG represents that it and its agents, consultants, and subcontractors employed by it, have procured Worker's Compensation insurance and that WCG has coverage under liability insurance policies which WCG deems reasonable and adequate. WCG shall furnish certificates of insurance upon request. If the Client requests specific inclusions or limits of coverage that are not present in WCG's insurance, the cost of such inclusions or coverage increases, if available, shall be at the expense of the Client. SECTION 11: LIMITATIONS OF LIABILITY a. IT IS AGREED THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, CLIENT WILL LIMIT WCG's TOTAL AGGREGATE LIABILITY TO CLIENT TO $50,000 OR THE AMOUNT OF WCG's FEE WHICH HAS BEEN ACTUALLY PAID TO AND RECEIVED BY WCG, WHICHEVER IS LESS, FOR ANY AND ALL INJURIES, CLAIMS, LOSSES EXPENSES OR CLAIM EXPENSES (INCLUDING ATTORNEY'S AND EXPERT WITNESS FEES) ARISING OUT OF THIS AGREEMENT OR THE SERVICES TO BE PERFORMED PURSUANT TO THIS AGREEMENT FROM ANY CAUSE OR CAUSES. SUCH CAUSES INCLUDE, BUT ARE NOT LIMITED TO, WCG'S WEAVER CONSULTANTS GROUP NORTH CENTRAL, LLC General Terms and Conditions Version 2009-A1 Page 3 of 4 NEGLIGENCE, ERRORS, OMISSIONS, STRICT LIABILITY, BREACH OF CONTRACT, STATUTORY LIABILITY, BREACH OF WARRANTY, NEGLIGENT MISREPRESENTATIONS, ENVIRONMENTAL LIABILITY OR OTHER ACTS GIVING RISE TO LIABILITY BASED UPON CONTRACT, TORT OR STATUTE. IT IS EXPRESSLY AGREED THAT THE REMEDY STATED HEREIN IS THE CLIENT'S EXCLUSIVE AND SOLE REMEDY FOR ANY DAMAGE(S) ARISING OUT OF THIS AGREEMENT OR SERVICES TO BE PERFORMED PURSUANT TO THIS AGREEMENT. b. WCG will increase our limitation of liability up to the limits of our available insurance coverage or otherwise to $100,000, whichever is greater, upon client's written request, and for the additional consideration of $500. Said request and payment must be received within 14 days of the date of execution of the Proposal and be before any claim arises. c. The Client further agrees to notify any contractors or subcontractors who may perform work in connection with any design, report or study prepared by WCG of such limitation of liability for breach of contract, errors, omissions or negligence and require as a condition precedent to their performing their work a like limitation of liability on their part as against WCG. d. The Client and WCG agree that neither will be liable to the other for consequential damages incurred due to the fault of the other. Said damages include, but are not limited to, loss of use and lost profits. e. With the exception of actions pertaining to material men or mechanic's liens, and if lawful, causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitations shall commence to run on the date the alleged act or failure to act occurred. f. Notwithstanding the above, all claims, whether based upon contract, tort, breach of warranty, professional negligence (including errors, omissions or other professional acts), or otherwise, shall be deemed waived unless made by the Client in writing and received by WCG within one (1) year after Client reasonably knew or should have known of its existence, but in no event, shall such claim be asserted by Client later than two (2) years after WCGs completion of services with respect to which the claim is made. SECTION 12: ARBITRATION OF DISPUTES a. Claims, disputes or other matters in question between the parties to this Agreement arising out of or relating to this Agreement or the breach thereof shall be subject to and decided by arbitration in accordance with the Construction Industry Arbitration rules of the American Arbitration Association currently in effect, such arbitration to be held in Chicago, Illinois, unless the parties mutually agree otherwise. b. Demand for arbitration shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. A demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date when institution of legal or equitable proceeding based on such claim, dispute or other matter in question would be barred by applicable statutes of limitations subject to Section 10(e) above. c. No arbitration arising out of our relating to this Agreement shall include, by consolidation, joined or in any other manner, an additional person or entity not a party to this Agreement except by written consent of WCG, Client and any other person or entity sought to be joined. d. The award tendered by the arbitrator shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. SECTION 13: TERMINATION a. This Agreement may be terminated by either party upon at least seven (7) days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. Such termination shall not be effective if the substantial failure has been remedied before expiration of the period specified in written notice. b. WCG may terminate this Agreement if the Client suspends WCG's services for more than sixty (60) consecutive days through no fault of WCG's. c. This Agreement may be terminated without cause by either party upon at least sixty (60) days' written notice. d. If this Agreement is terminated, WCG shall be paid for services performed prior to the termination date set forth in the notice plus termination expenses. Termination expenses shall include costs attributable to personnel and equipment rescheduling and re -assignment and all other costs incurred directly attributable to termination. SECTION 14: MISCELLANEOUS a. In the event that any provision (or portion thereof) herein shall be deemed invalid or unenforceable, the other provisions hereto shall remain in full force and effect, and binding upon the parties hereto. In such event, the provisions found to be invalid shall be deemed to be reformed so that the intent of such provision will be enforced to the maximum extent permitted by applicable law. b. The heading or title of a section is provided for convenience and information and shall not serve to alter or affect the provisions included herein. c. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating responsibility or liability between the Client and WCG shall survive the completion of services and the termination of the Agreement. d. Unless otherwise provided, the substantial law of the State of Indiana will govern the validity of this agreement, its interpretation and performance, and remedies for contract breach or any other claims related to this agreement. C. WCG shall apply professional judgment in determining the extent to which WCG shall comply with any given standard identified in WCG's documents. Unless otherwise indicated, such compliance, referred to as "General Compliance" specifically excludes consideration of any standard listed as a reference in the text of those standards cited by WCG. f. Unless specifically stated in WCG's Proposal, it is understood the costs for implementation of the work are based on privately owned projects utilizing merit (non -union) wages and employees. Government funded or publicly owned projects that require prevailing wages will have specific fees identified WEAVER CONSULTANTS GROUP NORTH CENTRAL, LLC General Terms and Conditions Version 2009-A1 Page 4 of 4 in the Proposal. Any job action, strike, or other requirement to use union represented employees will require renegotiation of the costs for performing the work. g. In the event that WCG borrows or uses equipment or machinery, including but not limited to stationary, mobile and non -road mobile equipment, from the Client, it is agreed that the equipment is being rented for the sum of $1.00 and other considerations unless a specific rental agreement is executed by the parties. h. This Agreement may be assigned by WCG to an affiliate company, in whole or in part. WCG may also retain persons or entities not in WCG's employ without Client's prior specific consent when such retention is appropriate and customary, including, but not necessarily being limited to, surveyors, drilling subcontractors, testing laboratories, remediation contractors, and specialized consultants. Client shall not assign its duties and obligations hereunder without the prior written consent of WCG. Ms. Andrea Alexander December 11, 2019 Page 2 The findings and recommendations will be provided in an updated methane mitigation plan for review and discussion with the City of South Bend. The mitigation plan will provide recommendations for implementing remedies in steps or stages. The draft methane mitigation plan update will be forwarded to the designated City of South Bend staff person for review and consultation. A meeting between WCG and the City will be held to obtain concurrence with the proposed plan. Once finalized with the City, the plan can be discussed with IDEM regarding the proposed approach. This scope of work includes one submittal of the updated methane mitigation plan to the City and one submittal of the updated plan to IDEM. This scope of work does not include public meetings, meeting with IDEM, or regulatory permitting, but WCG can provide those services under a separate scope. Estimated Cost Based upon our understanding of your objectives and the Scope of Services outlined above, we estimate that the project can be completed for $6,500.00. The estimated cost and proposed Scope of Work are based on information available to WCG at this time. If conditions change, work extends beyond the scheduled completion date, unforeseen circumstances are encountered, or work efforts are redirected, the cost estimate may require modification. The proposed cost will not be exceeded without your prior approval. Any additional consultation or services needed beyond the Scope of Services presented in this proposal will be billed on a time and expense basis. Schedule WCG is available to begin work immediately upon receiving authorization to proceed. The draft methane mitigation plan update can be completed within 5 weeks of obtaining written approval of this proposal and the available geologic, engineering and monitoring data for Biosolids Lagoon #4. WCG looks forward to working with you on this project. If you should have any questions with respect to this proposal, please feel free to contact us. Sincerely, 1 '6aver kn tarts ro Anthony E. Maxson, P.E. Senior Project Director Iff Nd ille Project Engineer Weaver Consultants Group Weaver Consultants / Group December 11, 2019 Ms. Andrea Alexander Manager of Environmental Compliance City of South Bend 3113 Riverside Drive South Bend, IN 46628 RE: Proposal for Technical Assistance Methane Mitigation Plan Biosolids Landfill -Organic Resources Center City of South Bend, Indiana Dear Ms. Alexander. At your request, Weaver Consultants Group (WCG) has prepared this scope of work and cost estimate for professional services pertaining to elevated methane readings at gas monitoring probes associated with the closed Biosolids Lagoon #4. WCG will assist in determining a strategy for potential remedial measures to address the elevated methane readings and assist to determine its extent. The paragraphs below outline the proposed scope and costs to perform this work. Project Scope Monitoring of the gas monitoring probe network associated with Biosolids Lagoon #4 has indicated elevated levels of methane gas has been detected in some monitoring probes, generally located on the eastern border of the property. To assist the city staff in determining the most cost effective and logical course of action to mitigate future methane migration, WCG proposes to review and update the existing conceptual methane mitigation plan prepared in 2017 to address the primary area of concern along the eastern border of Biosolids Lagoon #4. To update the methane mitigation plan, WCG will review available historic monitoring probe data and engineering/geologic information to determine potential gas migration pathways and mechanisms along the eastern border of the site, building upon previously constructed remedial measures. The condition of vents and other in -place engineering controls will be assessed based on available as -built information, monitoring data, and a site inspection. The mitigation plan will include an executive summary of historical data. The plan will also summarize mitigation actions taken to date, and suggest future mitigation actions to be considered. 7121 Grape Road • Granger, Indiana 46530 • 574.271.3447 • wcgrp.com • Offices Nationwide BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 12/17/19 Department Name Andrea Alexander WASTEWATER BPW Date 12/19/19 l"eetin Phone Extension 5813 !40NItlMW , INNER HE WWWIM _.....�__.. ...... _.... _—....u_.. .-...... _..... _.—._ _..... _. R(MILlired Prior to Submittal to Board BPW Attorney ® Attorney Name Clara Daniels Dept. Attorney Attorney Name Purchasing Check the Appropriate Item Twe — ............ . Professional Services Agreement Contract Open Market Contract ❑ Amendment/Addendum ❑ Bid Opening F-1 Bid Award ❑ Quote Opening Quote Award Proposal Opening C/O & PCA No. Chg. Order, No. Traffic Control E] Other: Company or Vendor Name Weaver Co.nsu New Vendor MBE/WBE Contractor Project Name Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description Information All Submissions Proposal ❑ Special Purchase, QPA Req. to Advertise E] Reject Bids/Quotes PCA Resolution Ease./Encroach ❑ Title Sheel Hl Yes L If Yes, Approved by Purchasing ® No ❑ MBE ❑ Yes ❑ WBE ❑ No Technical Assistance for Methane Mitigation at Closed Biosolids Landfill Wastewater 641-0631-793-63-39 $6,500 Assist with remedial measures to address elevated methane readings and determine its extent. For Cliange Orders Only nc ..............w— �����Ireas Amount of ❑ _ $._— - ............ w—w_ El Decrease ($ ) Previous Amount $ Increase..........._ww ...%..........ww.—�- ._......_ ....�.__....._.... ....... — Current Percent of Change: Decrease ( %) _ w New Amount $ ................. m......—.----- .---- ......-- ——................ Increase % Total Percent of Change: Decrease %) Time Extension Amount; New Completion Date: INTER -OFFICE MEMORANDUM DEPARTMENT OF PUBLIC WORKS DIVISION OF ENVIRONMENTAL SERVICES TO: Linda Martin FROM: Andrea Alexander SUBJECT: Weaver Consulting Group — Professional Services Agreement DATE: December 16, 2019 &',tiIWUNN W;YUNNNXWINtlN�W�aNNWA'IAN'IlM1.W.W.M.W.W.N.WM^Ne'NI�OWOWINOM000Of WfuMNI000M�ON�MW!WWM'u'UWUV WW 1WYb'bMMdN�I�WNNppp81010.. �NONNMOMOMM�M9�M�GIM'fWWNYNd'MUMNMWNNUIUN YOOYOINNM�NMINMN9N.NM.ONOYY4MNMY.1�'NdVNNIY�MMN As part of the required monitoring at the Closed Biosolids Landfill located at the Organic Resources Facility, elevated levels of methane were found. We are working with IDEM to both determine the extent of the elevated levels and also find a remedy so methane does not leave the property boundary. Because this can be a safety concern, IDEM is requesting this work to be done promptly.