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HomeMy WebLinkAboutC-8512-1 - PSA for Newport Terrace Landfill Gas Control System Operations and Maintenance ServicesMONTROSE October 6, 2020 Mr. Joshua Rosenbaum Senior Management Analyst City of Newport Beach Utilities Department 100 Civic Center Drive Newport Beach, California 92660 Subject: Updated Proposal (FINAL): Connection of New Landfill Gas (LFG) Extraction Well EW -17 (near CP-01/CP-01R) Newport Terrace Landfill, Newport Beach, California Dear Mr. Rosenbaum: Montrose Environmental Solutions (MONTROSE) is pleased to submit this updated proposal to the City of Newport Beach (City) for the connection of the new landfill gas (LFG) extraction well EW -17, located near the existing probes CP -01 and CP -01R, to the existing landfill gas control and collection system (LGCCS) at the Newport Terrace Landfill (Site), on West 191h Street, Newport Beach, California. To help reduce methane concentration in probe CP -01, a new gas extraction well designated EW - 16 was installed and connected to the system during the week of September 15, 2014. The new well was added to the monthly monitoring program in October 2014. In addition, during a record search the LEA found that the compliance probe CP -01 was installed in an area that appeared disturbed and that the LEA was agreeable to moving this probe further away to an undisturbed area. Therefore, a replacement probe, CP -01R, was installed at an approved location by the LEA on November 9, 2016, and added to the monitoring program starting December 2016. Methane exceedance continue to be detected in the compliance probe CP -01 and replacement compliance probe CP -01R since 2014 in spite of the actions taken by the City and MONTROSE including sprinkler leak repair and multiple wells/system operational adjustments. The new well EW -16 that was installed near CP -01 is under vacuum (-0.13 inches of mercury ("Hg)). At the request of the City and the Orange County Health Care Agency (OCHCA) acting as the Lead Environmental Agency (LEA), MONTROSE installed a new extraction well (EW -17) between compliance probes CP -01 and CP -01R on the north side of West 191h Street on June 19, 2020; Global Headquarters T: 949.988.3500 1 Park Plaza F: 949.988.3514 Suite 1000 info@montrose-env.com Irvine, CA 92614 www.montrose-env.com Cost Estimate (October 2020) — LFG Extraction Well LGCCS Connection Newport Terrace Landfill, Newport Beach, California methane has been detected in this new well at over 12%bv. This proposal is to connect the new well (EW -17) to the existing LGCCS and begin mitigating this issue. MONTROSE will perform the following scope of work. 2.1 TASK 1: PRE -FIELD CONSTRUCTION ACTIVITIES Permit Acquisitions: An encroachment permit will need to be obtain due to the removal of between 1 and 2 concrete sidewalk panels. The subcontractor will obtain the permit. Costs for the permit acquisition have been included in the contractors cost estimate. MONTROSE will not be responsible for obtaining the permit. Task 1A: Workplan Letter Preparation: MONTROSE will prepare a letter that will act as a workplan outlining the field activities involved in the drilling, installation of the proposed nested probes. The letter workplan will be an update to the existing Remedial Action Plan (RAP) that will specifically include a description of the well construction. The letter will be forwarded to the LEA for approval. The site-specific Health and Safety Plan (H&SP) will be updated for the LEA's review and comment. Task 18: SCAQMD Notification Letter: MONTROSE will also contact the SCAQMD to notify them of the addition of one well to the LGCCS; the new well connection will not exceed the permitted number of wells currently approved for the Site. Task 1C: Pre -Field Activities: MONTROSE will meet with the subcontractor in order to locate the proposed path for the directional drilling rig. The subcontractor will be responsible for contacting Underground Service Alert of Southern California (USA: also known as "Dig -Alert" (www.digalert.org)) at least 48 hours prior to any drilling activities. MONTROSE will also send out notifications of drilling activities to the LEA, SCAQMD and the City 48 hours in advance of field activities. M MONTROSE Page 2 C: �Users�rfrizzell�Documents�My Documents�Newport Beach�Proposol�2020-06 Well Connections�2020-10 Newport Terrace LF Well Connection UPDATED - FINAL. docx Copyright 02020 — Montrose Environmental Services, All Rights Reserved Cost Estimate (October 2020) — LFG Extraction Well LGCCS Connection Newport Terrace Landfill, Newport Beach, California 2.2 TASK 2: FIELD CONSTRUCTION ACTIVITIES — LFG WELL CONNECTION The existing well will be connected using a directional boring drilling rig. The directional boring slope will be controlled such that any condensate that may build up in the lateral pipe will flow freely to the header. The lateral will be constructed using 3 -inch HDPE pipe. The lateral will be connected to the main header for the LGCCS. Well head, flow control and sampling ports will be installed near the new well. At least one to two concrete panels in the sidewalk will be removed for the installation of the well head. The subcontractor will remove and dispose of the concrete prior to well head installation and replace the concrete once the well head has been installed. MONTROSE does not anticipate encountering groundwater during directional boring activities. MONTROSE personnel will be onsite at the beginning and at the end of the boring activities, and will be on-call during the duration of the field activities. MONTROSE will also have personnel onsite to observe the connection of the new lateral to the main header and the completion of the LGCCS well head. 2.3 TASK 3: PREPARATION OF LETTER REPORT AND AS -BUILT SOIL BORINGS MONTROSE will prepare as -built construction plans showing installation details. MONTROSE will also prepare a Letter Report outlining the field work and provide an As -Built Plans with a Photographic Log. The Letter Report will be signed by a State of California licensed Professional Engineer or Geologist. 2.4 PROJECT BUDGET/SCHEUDLE — SOIL -GAS SAMPLING AND PROBE INSTALLATION Work will be performed on a time and expense basis for an estimated fee of $39,230.00 per the cost shown in Table 1 below. Additional work, if required, will be performed per authorization from the City and in accordance with our current Schedule of Charges (attached). M MONTROSE Page 3 C: �Users�rfrizzell�Documents�My Documents�Newport Beach�Proposol�2020-06 Well Connections�2020-10 Newport Terrace LF Well Connection UPDATED - FINAL. docx Copyright 02020 — Montrose Environmental Services, All Rights Reserved Cost Estimate (October 2020) — LFG Extraction Well LGCCS Connection Newport Terrace Landfill, Newport Beach, California TABLE 1 COST ESTIMATE FOR EXTRACTION WELL (EW -17) CONNECTION Newport Terrace Landfill, Newport Beach, California Task and Action Description Hours Rate/hr. Total Pre -Field Construction Activities: 1A) Workplan Letter Preparation (LEA) 2 hours $135.00/hr $270.00 1 113) Notice of Connection (SCAQMD) 2 hours $135.00/hr $270.00 1C) Pre -Job Site Walk 2 hours $135.00/hr $270.00 SUBTOTAL $810.00 Field Construction Activities: Directional Bore Lateral Installation 8 hours $110.00/hr $880.00 2 Subcontractor (TE Roberts, Inc.) 10% unit $35,680.00 $35,680.00 SUBTOTAL ($32,437 x 10%) $36,560.00 Preparation of As -Built Drawings & Logs; 6 $85.00/hr $510.00 Preparation of a Letter Report of Findings 6 $135.00/hr $810.00 3 Project Management 4 $135.00/hr $540.00 SUBTOTAL $1,860.00 TOTAL $39,230.00 Basis of Cost This line item is for preparation of permit applications, CQA services, system check and startup, and preparation of as -built drawings. Permits or review fees, if required, charged by the regulatory agencies are not included in the proposal costs. These fees will be paid by the City at cost. If the City wishes MONTROSE to pay these fees, MONTROSE will add a 10% Processing Fee. Costs is based on assumed hours shown in the Cost Table. Additional site inspections will be charged on a time and materials basis in accordance to the indicated fees. City is advised that it is difficult to estimate the actual cost of CQA services due to unforeseen circumstances, site conditions. The cost estimate does not include attendance at any meetings with the City and or regulatory agencies other than those stated in the proposal. The proposed work will commence upon receipt of authorization to proceed. The subcontractor has indicated that the directional bore drilling rig has a one month waiting time; the subcontractor will utilize this time to obtain the encroachment permit. MONTROSE will complete the letters of notification to the LEA and SCAQMD, and be available for any questions. Page 4 C: �Users�rfrizzell�Documents�My Documents � Newport Beach�Proposal�2020-06 Well Connections�2020-10 Newport Terrace LF Well Connection UPDATED - FINAL. docx Copyright 02020— Montrose Environmental Services, All Rights Reserved Cost Estimate (October 2020) — LFG Extraction Well LGCCS Connection Newport Terrace Landfill, Newport Beach, California Information gathered during the project by Montrose Environmental Solutions is considered confidential and will be released only upon written authorization by the City of Newport Beach or as required by law. California law requires a person to inform the State if a situation is encountered that can be considered an immediate endangerment to the public's health or welfare and/or the environment. The results contained in any oral or written report will be based upon the information acquired at the time of the investigation. It is possible that not all conditions will be identified during this project. The work will be consistent with the level of care and skill ordinarily exercised by members of our profession currently practicing under similar conditions in southern California. No warranty is expressed or implied. This proposal is the property of Montrose Environmental Solutions and may be used only by the City and only for the purposes stated, within a reasonable time from its issuance. Sincerely, Montrose Environmental Solutions Richard Frizzell, PG, QSP/QSD Senior Project Geologist Attachments: TE Roberts, Inc. Proposal Montrose Schedule of Charges (January 2020) Page 5 C: �Users�rfrizzell�Documents�My Documents � Newport Beach�Proposal�2020-06 Well Connections�2020-10 Newport Terrace LF Well Connection UPDATED - FINAL. docx Copyright 02020— Montrose Environmental Services, All Rights Reserved 0)1�) Roberts INCORPORATED GE II ERAI ENGIN I E R INC (OR IR A(l OR T.E. Roberts, Inc. 306 W. Katella Avenue Unit B Orange, CA 92867 Phone (714) 669-0072 Fax (714) 200-0241 TO: CITY OF NEWPORT BEACH FOR: LFG Well Connection and Lateral Line ATTN: Casey Parks Proposal DATE: 9/15/2020 DESCRIPTION Unit Qty Total (Estimate) Installation of LFG well head and all related piping to the 6" LS 1 $32,437.00 connection using a directional bore rig. TOTAL $32,437.00 Excludes: 1. Permits, bonds, inspection fees, connection fees, assessment fees, engineering fees, all other fees. 2. Engineering, staking and compaction testing. 3. Asphalt or landscape replacements. 4. Construction water and meter. (Minimum 2" service line required) 5. Traffic control plan, K -Rail or fencing. 6. Slurry, concrete backfill or encasements unless specified in our bid proposal. 7. Traffic loops, striping or raised pavement markers. 8. Rock, hardpan, excessively hard ground excavation, or screening of backfill. 9. Imported backfill and drying of trench excavated material that has over optimum moisture content. 10. Dewatering of any groundwater. 11. Demolition of existing onsite improvements unless specified in our bid proposal. 12. Erosion Control and SWPPP. 13. Tunneling of existing utilities not shown on plans. 14. Trenches over 4' deep. Thank you for the opportunity to provide a proposal for this project! Justin Roberts T.E. Roberts, Inc. Accepted by: Date M�ONTAEr ROS SCHEDULE OF CHARGES Montrose Environmental Solutions, LLC January 2020 PersonnelM Unit Rate Senior Officer Per Hour $ 212 Specialized Technical Staff Per Hour $ 187 Principal Per Hour $ 160 Senior Licensed Professional Per Hour $ 150 Project Professional Per Hour $ 135 Construction Manager Per Hour $ 135 Staff Professional Per Hour $ 110 Assistant Professional Per Hour $ 90 Senior Technician Per Hour $ 90 Technician Per Hour $ 80 Project Coordinator Per Hour $ 75 Draftsperson Per Hour $ 75 Clerical Per Hour $ 60 Other I dMENEk—Unit Rate Traveling Vehicle Costs Per Mile $ 0.75 Truck Use Per Day $ 75 Subcontractor Markup % 15 Equipment(z) Unit Rate Field Instrumentation (PID or equivalent) Per Day $ 110 LEL Meter Per Day $ 55 GEM 5000 Per Day $ 150 Flow Meter Per Day $ 22 Multiparameter Water Quality Meter Per Day $ 121 Dissolved Oxygen Meter Per Day $ 39 ORP Meter Per Day $ 33 pH/Conductivity Meter Per Day $ 28 Turbidity Meter Per Day $ 22 Oil/Water Interface Probe Per Day $ 55 Water Level Indicator Per Day $ 28 Blower or Vacuum Unit Per Day $ 110 Powered Liquid Pump Per Day $ 83 Power Generator Per Day $ 61 Tedlar Bags Each $ 11 Notes: (1) Personnel rates subject to a 150% markup for litigation support and 200% for court appearances (2) Rates for other equipment not noted herein will be provided upon request l t� AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT C� WITH ES ENGINEERING SERVICES, LLC FOR NEWPORT TERRACE LANDFILL GAS CONTROL SYSTEM OPERATIONS AND MAINTENANCE SERVICES THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT ("Amendment No. One") is made and entered into as of this 15th day of June, 2020 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and ES ENGINEERING SERVICES, LLC, a Delaware limited liability company ("Consultant"), whose address is 1 Park Plaza, Suite 1000, Irvine, California 92614, and is made with reference to the following: RECITALS A. On July 25, 2017, City and Consultant entered into a Professional Services Agreement ("Agreement") for operation and maintenance of a recently reconstructed landfill gas ("LFG") control system at the Newport Terrace Condominium complex in the City ("Project"). B. The parties desire to enter into this Amendment No. One to extend the term of the Agreement to July 31, 2021, and to amend the Insurance section of the Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM Section 1 of the Agreement is amended in its entirety and replaced with the following: "The term of this Agreement shall commence on the Effective Date, and shall terminate on July 31, 2021, unless terminated earlier as set forth herein." 2. INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES Section 5(A) of Exhibit C of the Agreement is amended in its entirety and replaced with the following: "Evidence of Insurance. Contractor 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, Contractor 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." 3. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] ES Engineering Services, LLC Page 2 IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTO NEY'S OFFICE Date: 5106 By: lt't�' Aaron C. Harp o�ua s tc.2v City Attorney ATTEST:a ��� Date: By:� 1., brownLeilani 1. City Clerk %oRN1P CITY OF NEWPORT BEACH, a Califo u ipal corporation Date:��10 Grace Leung �- City Manager CONSULTANT: ES ENGINEERING SERVICES, LLC, a Delaware limited liability company By its Managing Partner: MONTROSE ENVIRONMENTAL GROUP, INC., a Delaware corporation Date: v� ziw By: Vijay Manthripragada Chief Executive Officer Date: -7121120 By: Allan DAs Chief Financial Officer [END OF SIGNATURES] ES Engineering Services, LLC Page 3 CCn PROFESSIONAL SERVICES AGREEMENT WITH ES ENGINEERING SERVICES, LLC FOR NEWPORT TERRACE LANDFILL GAS CONTROL SYSTEM OPERATIONS AND MAINTENANCE SERVICES THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement') is made and entered into as of this 25th day of July, 2017 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and ES ENGINEERING SERVICES, LLC, a Delaware limited liability company ("Consultant'), whose address is 1 Park Plaza, Suite 1000, Irvine, California 92614, 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 operate and maintain a recently - reconstructed landfill gas ("LFG") control system at the Newport Terrace Condominium complex in the City. This work involves environmental monitoring under the requirements of various regulations, preparing regulatory reports, as well as maintenance of system equipment as described in more detail in the Scope of Services attached hereto and incorporated herein as Exhibit "A" ('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: II=IC1IVtl The term of this Agreement shall commence on the Effective Date, and shall terminate on July 24, 2020, 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. 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 Two Thousand Five Hundred Dollars and 00/100 ($472,500.00), 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. ES Engineering Services, LLC Page 2 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 Farideh Kia 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 Municipal Operations Department - Utilities. City's Utilities Director 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 ES Engineering Services, LLC Page 3 and with the ordinary degree of skill and care that would be used by other reasonably 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 (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"), and which relate (directly or indirectly) to the negligence, recklessness, or willful misconduct of the Consultant or its principals, officers, agents, employees, vendors, suppliers, subconsultants, 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, active 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 the Consultant. ES Engineering Services, LLC Page 4 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 orfor 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. PREVAILING WAGES 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 ES Engineering Services, LLC Page 5 to be done according to the Agreement by the Contractor and any subcontractor. In accordance with the California 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 Contractor 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 Contractor 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. 16. 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 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. 17. 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. 18. OWNERSHIP OF DOCUMENTS 18.1 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, ES Engineering Services, LLC Page 6 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. 18.2 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. 18.3 All written documents shall be transmitted to City in formats compatible with Microsoft Office and/or viewable with Adobe Acrobat. 19. 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. 20. 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. 21. 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. ES Engineering Services, LLC Page 7 22. 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. 23. 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. 24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 25. CONFLICTS OF INTEREST 25.1 Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 25.2 If subject to the Act, Consultant shall conform to all requirements of the Act. 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. 26. NOTICES 26.1 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. 26.2 All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: ES Engineering Services, LLC Page 8 Attn: Director of Municipal Operations - Utilities Municipal Operations Department - Utilities City of Newport Beach 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658 26.3 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attn: Farideh Kia ES Engineering Services, LLC 1 Park Plaza, Suite 1000 Irvine, CA 92614 27. CLAIMS 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.). 28. TERMINATION 28.1 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. 28.2 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 ES Engineering Services, LLC Page 9 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. 29. LABOR 29.1 Contractor shall conform with all applicable provisions of state and federal law including, but not limited to, applicable provisions of the federal Fair Labor Standards Act ("FLSA") (29 USCA § 201, et seq.). 29.2 Contractor shall comply with all applicable provisions of the California Labor Code, including the Displaced Janitors Opportunity Act (Labor Code §§1060-1065). 29.3 Whenever Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of this Agreement, Contractor shall immediately give written notice to City, and provide all relevant information. 29.4 Contractor represents that all persons working under this Agreement are verified to be U.S. citizens or persons legally authorized to work in the United States. 29.5 To the fullest extent permitted by law, Contractor 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 (collectively, the "Indemnified Parties") from loss or damage, including but not limited to attorneys' fees, and other costs of defense by reason of actual or alleged violations of any applicable federal, state and local labor laws or law, rules, and/or regulations. This obligation shall survive the expiration and/or termination of the Agreement. 30. STANDARD PROVISIONS 30.1 Recitals. City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. 30.2 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. 30.3 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. ES Engineering Services, LLC Page 10 30.4 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. 30.5 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. 30.6 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. 30.7 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. 30.8 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. 30.9 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. 30.10 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. 30.11 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. 30.12 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] ES Engineering Services, LLC Page 11 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: CITY OF NEWPORT BEACH, a Califgryip municipal By: AC�1C.- By: /4�� Aaron C. Harp' o+-ttrU} evin Mu ldo City Attorney Mayor ATTEST: CONSULTANT: ES Engineering Date: Services, LLC, a Delaware limited liability company Date: C��o��l-4- By: Lail I. Brry n Cit Clerk / By: Vijay Manthnpragada Chief Executive Officer Date: u -i in By: Allan DlVcks Chief Financial Officer [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements ES Engineering Services, LLC Page 12 EXHIBIT A SCOPE OF SERVICES A. General Nature of the Work: Consultant shall operate and maintain a recently -reconstructed landfill gas ("LFG") control system at the Newport Terrace Condominium complex in the City of Newport Beach. This work involves environmental monitoring under the requirements of various regulations, preparing regulatory reports, as well as maintenance of system equipment as described in more detail below and in the Operation and Maintenance Manual attached to this Exhibit "A." The primary objective of operation of the Newport Terrace LFG control system is to maintain methane concentrations of no more than five percent (5%) in soil at the Site's boundary (as defined below). A secondary objective of the LFG control system is to reduce emissions of non -methane organic compounds ("NMOC's") of the collected LFG to less than twenty (20) parts per million by volume (ppmv) (measured as hexane at three percent (3%) oxygen) or 98% destruction, thereby protecting air quality, pursuant to the system's Permits to Operate ("Permits") from the South Coast Air Quality Management District ("SCAQMD"). The LFG control system is to be operated in accordance with all provisions of the Permits and regulations in Title 27 of the California Code of Regulations, under the jurisdiction of the Local Enforcement Agency ("LEA"), the Orange County Environmental Health Division. In addition, it is the desire of the City and Newport Condominium Association ("NCA") that the system be operated with minimum impact on the residents of the NCA condominiums, with respect to the potential for odor release or other nuisances, noise generation, etc. In accordance with the Site's approved SCAQMD Rule 1150.1 Compliance Plan, there are no requirements for surface emissions monitoring. Listed below are work items expected to be necessary on a routine (periodic) basis. There may be need for additional, non -routine services which may or may not be assigned to the Consultant. B. Location of Project Site: The former landfill (Newport City Dump No. 1) is located at the corner of Balboa Boulevard and 19th Street in the City of Newport Beach ("Site"). The landfill is located under what is now the NCA condominium complex. C. Project Schedule/Time of Performance: Consultant shall begin operation, monitoring and maintenance within thirty (30) days of receipt of the "Notice to Proceed" from the City of Newport Beach Municipal Operations - Utilities Department. ES Engineering Services, LLC Page A-1 D. Working Hours: Normally scheduled work hours will be from 7:00 AM to 5:00 PM Monday through Friday. E. Description of Work Items: The Schedule of Billing Rates attached at Exhibit "B" contains the individual items required to complete all operation, monitoring and maintenance work in accordance with the attached Operations and Maintenance (O&M) Manual and further detailed below. The O&M Manual is attached hereto this Exhibit "A." Item 1: 1 Routine O&M Services. Monthly Monitor 18 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 IIVArMlf7T Carbon Dioxide ES Engineering Services, LLC Page A-2 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 Sample and analyze carbon adsorber inlet and outlet: Sample using a method conforming to CARB Method 422 or equivalent Analyze using EPA Method T01 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 ES Engineering Services, LLC Page A-3 Obtain laboratory analyses of a gas sample from a mo 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 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 HzS sensors (general monitors) in blower station Reporting ES Engineering Services, LLC Page A-4 ES Engineering Services, LLC Page A-5 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. The contractor will be expected to 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. The contractor will be required to prepare a Health and Safety Plan (HASP) to cover all work performed under this contract. All work is to be performed in a mannerwhich 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 listed separately in the Schedule of Billing Rates. It is expected that the number and frequency of laboratory analyses will change during the time period of this Agreement. Item 3: Landfill Gas Source Test Under the terms of the SCAQMD Permit to Operate, the 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. The Schedule of Billing Rates contains a unit cost for each of these events. ES Engineering Services, LLC Page A-5 Item 6: Non -Routine and Sudden Repairs 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 Consultant's rate schedule attached at Exhibit "B." Consultant's rate schedule includes employee and equipment hourly rate for normal and off hours. (Note that City policy does not reimburse contractor mileage.) Where possible, Consultant will be asked to submit a description of non -routine work and an estimate of its cost to the City, as far in advance as practical, and obtain the City's written approval prior to proceeding with the Work. The City may, at its discretion, but in consultation with Consultant, elect to perform some work with its own staff. Sudden repairs — from time to time it will be necessary for the Consultant to respond to problems at the Site without advance city approval ("call -outs') when repairs are needed based on sudden changes. These activities will also be compensated on a T&M basis. The Consultant shall notify the city as soon as practical in case of such an event. Item 7: 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 Consultant's rate schedule attached at Exhibit "B." Consultant's rate schedule includes employee and equipment hourly rate for normal and off hours. (Note that City policy does not reimburse contractor mileage.) F. Safety Requirements: Consultant shall be solely and completely responsible for conditions of the job -site, including safety of all persons (including Consultant'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 five to fifteen percent (5-15%) by volume in air, methane may explode when ignited by a spark or other ES Engineering Services, LLC Page A-6 ignition source. In addition, LFG can displace oxygen in confined spaces. Confined spaces within which oxygen levels are below nineteen percent (19%) by volume should not be entered. The attached OM&M manual does not contain a Health and Safety Plan (HASP), nor does it contain lock -out, tag -out procedures. 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. G. Inspection and Approval: All work and materials required shall be subject to the inspection and approval of the City representative. ES Engineering Services, LLC Page A-7 Newport Terrace Landfill Operation and Maintenance Manual Landfill Gas Control System Prepared for: City of Newport Beach Utilities Department 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92658-8915 and Newport Condominium Association Action Community Management 29B Technology Drive, Suite 100 Irvine, CA 92618 Prepared by: SCS ENGINEERS 3900 Kilroy Airport Way Suite 100 Long Beach, CA 90806-6816 (562) 426-9544 File No. 01 201 221 .08 March 13, 2009 Revised by: City of Newport Beach May 25, 2010 Offices Nationwide www.scsengineers.com Newport Terrace Landfill — O&M Manual Newport Terrace Landfill Operation and Maintenance Manual Landfill Gas Control System Prepared for: City of Newport Beach Utilities Department 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92658-8915 and Newport Condominium Association Action Community Management 29B Technology Drive, Suite 100 Irvine, CA 92618 Prepared by: SCS ENGINEERS 3900 Kilroy Airport Way Suite 100 Long Beach, CA 90806-6816 (562) 426-9544 File No. 01201221.08 March 13, 2009 Revised by: City of Newport Beach May 25, 2010 Newoort Terrace Landfill — O&M Manual Table of Contents Section Page 1 Introduction.............................................................................................................................................. 1 1.1 Operation and Maintenance Manual Objectives..................................................................1 1.2 Applicable Permits and Regulations........................................................................................1 1.2.1 No. F8501 1, Issued November 6, 2006 (Appendix C) ........................................1 1.2.2 No. F85012, Issued November 2, 2006 (Appendix D) ........................................2 1.2.3 Rule 1150.1 Compliance Plan, Issued December 17, 1999 (Appendix G)......2 1.2.4 California Code of Regulations (CCR), Title 27 .....................................................2 1.3 Site Location and Physical Description.....................................................................................3 1.4 Site Owner/Operator................................................................................................................6 1.5 Landfill Gas Hazards..................................................................................................................6 1.5.1 Landfill Gas Levels at Newport Terrace.................................................................8 2 Description of LFG Control System...................................................................................................10 2.1 System Objectives and General Description.......................................................................10 2.2 Monitoring Probes.....................................................................................................................1 l 2.3 Extraction Wells........................................................................................................................15 2.4 Blower Station...........................................................................................................................16 2.4.1 Moisture Separating Tank.......................................................................................16 2.4.2 Blowers........................................................................................................................16 2.4.3 Activated Carbon Adsorption Units.......................................................................16 2.4.4 Sulfatreat System......................................................................................................17 2.5 Site Security...............................................................................................................................17 3 LFG Condensate Handling System...................................................................................................18 3.1 LFG Condensate........................................................................................................................18 3.2 Gas Condensate Handling System Description...................................................................18 3.3 Handling LFG Condensate......................................................................................................18 4 System Operation................................................................................................................................19 4.1 Operational Criteria................................................................................................................19 4.2 System Start-up......................................................................................................................... 19 4.3 System Shutdown......................................................................................................................20 4.4 Operation Schedule.................................................................................................................20 4.5 Remote Monitoring by City.....................................................................................................21 5 System Monitoring...............................................................................................................................22 5.1 Monitoring Criteria...................................................................................................................22 5.2 Monitoring Equipment..............................................................................................................22 5.2.1 Combustible Gas Monitoring Instrument...............................................................22 5.2.2 Photo Ionization Detector (PID)...............................................................................22 5.2.3 Hydrogen Sulfide Measurement............................................................................23 5.2.4 Pressure/Vacuum Gauges.......................................................................................23 5.2.5 Miscellaneous.............................................................................................................23 5.3 Monitoring Procedures.............................................................................................................23 Newport Terrace Landfill — O&M Manual 7 Data Management and Evaluation..................................................................................................36 7.1 The Data - Collection, Assessment, and Management......................................................36 7.2 Data Collection..........................................................................................................................36 8 Safety....................................................................................................................................................38 8.1 Contact Information..................................................................................................................38 Listing of Permits..................................................................................................................................39 5.3.1 Carbon Adsorption Units (Each)..............................................................................25 5.3.2 Sulfatreat System......................................................................................................25 5.3.3 Extraction Wells (Each)............................................................................................26 5.3.3.1 Pressure/Vacuum......................................................................................26 5.3.3.2 Gas Composition......................................................................................26 5.3.4 Monitoring Probes (Each).........................................................................................26 5.3.4.1 Pressure/Vacuum......................................................................................26 5.3.4.2 Methane Concentration...........................................................................26 5.3.4.3 Methane Concentration Exceedance....................................................27 5.4 Monitoring Records and Schedule.........................................................................................28 5.5 Reporting to Regulatory Agencies.........................................................................................29 SystemMaintenance ...........................................................................................................................32 6.1 Maintenance Criteria...............................................................................................................32 6.2 Maintenance Procedures.........................................................................................................32 6.2.1 Compressor.................................................................................................................32 6.2.2 Blowers........................................................................................................................32 6.2.3 Flame Arrestor...........................................................................................................33 6.2.4 Moisture Separator...................................................................................................33 6.2.5 Electrical Controls......................................................................................................33 6.2.6 Gauges and Sampling Ports...................................................................................33 6.2.7 Piping, Valves, and Fittings.....................................................................................33 6.2.8 Extraction Wells........................................................................................................33 6.2.9 Monitoring Probes.....................................................................................................33 6.2.10 Carbon Adsorption Units..........................................................................................34 6.2.1 1 Sulfatreat System......................................................................................................34 6.2.12 In -Line Flow Meter.....................................................................................................34 6.2.13 Automated Condensate Sumps...............................................................................34 6.3 Maintenance Records and Schedule.....................................................................................34 7 Data Management and Evaluation..................................................................................................36 7.1 The Data - Collection, Assessment, and Management......................................................36 7.2 Data Collection..........................................................................................................................36 8 Safety....................................................................................................................................................38 8.1 Contact Information..................................................................................................................38 Listing of Permits..................................................................................................................................39 Newport Terrace Landfill — O&M List of Figures No. 1 Project Site Location............................................................................................................................4 2 Probe Locations and Outline of Fill Areas.......................................................................................5 List of Tables No. 1 Typical Landfill Gas Components.....................................................................................................7 2 Non -Methane Organic Compounds Detected at Newport Terrace...........................................8 3 Monitoring Probe Data....................................................................................................................11 4 Extraction Well Casing Depths.......................................................................................................16 5a Monitoring Schedule.........................................................................................................................27 5bSummary of Regulatory Reporting Requirements.......................................................................29 6a Summary of Routine Maintenance of Equipment.........................................................................34 6bPreventative Maintenance Schedule for GX4.............................................................................34 Appendices A System Drawings B Gas Extraction Well Boring Logs C SCAQMD Permit To Construct/Operate — Collection System D SCAQMD Permit to Construct/Operate — Treatment System E Monitoring Forms F Contact Information G Rule 1150.1 Compliance Plan H Instrumentation and Equipment Literature on CD: DXA120 DAQSTANDAR D DXAdvanced Electronic Manual Operation Guide User's Manual Communication Interface Manual User's Manual for DAQSTANDARD for DXAdvanced Series 454FT User's Guide Flow Units Conversion Table Quick Start Guide Series 454FT — Insertion Mass Flow Transmitter User's Guide State Diagram Newport Terrace Landfill - O&M Manual INTRODUCTION 1.1 OPERATION AND MAINTENANCE MANUAL OBJECTIVES The City of Newport Beach (City) has entered into an agreement with Newport Condominium Association, Inc. (NCA) to operate and maintain the LFG collection and control system at the Newport Terrace Landfill. The purpose of this manual is to familiarize the reader with and to provide step-by-step instructions for the operation, maintenance, and monitoring of the Landfill Gas (LFG) control system at the Newport Terrace site. It is recommended that qualified, experienced professionals operate, maintain, and monitor the system, especially if LFG is detected at or outside the property boundary or if the system is modified significantly. It is further recommended that this manual be updated periodically to reflect the current operating conditions, such as for a change in operation, when extensive reconstruction or modifications have been made, when maintenance or monitoring events provide new information, changes in regulations, or other important events occur that may affect the monitoring regime. At a minimum, the manual should be reviewed annually to determine if modifications are needed. 1.2 APPLICABLE PERMITS AND REGULATIONS The LFG system at Newport Terrace operates under the following permits issued by the South Coast Air Quality Management District (AQMD): 1.2.1 No. F85011, Issued November 6, 2006 (Appendix C) This "Permit to Construct/Operate" principally addresses the LFG treatment (carbon adsorption and system, setting requirements for operation, monitoring and reporting). A summary of requirements follows. • LFG flow through the treatment system slmall not exceed 375 standard cubic feet per minute (sefm). • Concentration of total non -methane organic compounds (TNMOC) in inlet gas (before treatment) shall not exceed 250 parts per million by volume (ppmv) measured as hexane. • Concentration of TNMOC atter treatment slmall not exceed 20 ppmv measured as hexane at 3 percent oxygen, or shall be reduced by at least 98 percent by weight (relative to inlet concentration). • Annual source test required (see Item #l0 in Permit, Appendix C). • Monthly sampling of inlet and treated gas for volatile organic compounds (methane and TNMOC) and Toxic Air Contaminants (TACs). Newport Terrace Landfill — O&M Manual • Monthly sampling of Sulfa -Treat system exhaust for sulfur compounds (as hydrogen sulfide). • Emissions at the treatment exhaust shall not exceed the following concentrations: - Chloroform 0.10 ppmv - Vinyl Chloride 0.17 pp riv - Hydrogen Sulfide 0.1 ppmv • If TNMOC concentration at the outlet of the primary (lead) adsorber exceeds 20 ppmv, the carbon in the primary adsorber shall be replaced or the vessels rotated (see Item #16 in Permit). 1.2.2 No. F85012, Issued November 2, 2006 (Appendix D) This "Permit to Construct/Operate" principally addresses the LFG collection. It sets conditions for the construction/installation of extraction wells and collection piping, principally to prevent nuisances and air quality impacts during underground construction (drilling and trenching). The Permit allows for a control system of up to 75 vertical extraction wells (the newly installed system has 15). The future construction of additional wells (if needed for additional control and/or replacement of failed wells) would need to conform to this Permit. 1.2.3 Rule 1150.1 Compliance Plan, Issued December 17, 1999 (Appendix G) AQMD Rule 1150.1 addresses surface emissions and lateral (subsurface) migration of LFG. All of the surface emissions monitoring requirements contained in Rule 1150.1 have been waived by the AQMD for the Newport Terrace site (see Appendix G). Monthly perimeter probe monitoring is required, which is duplicative of requirements under CCR Title 27 (see next section). However, the Rule 1150.1 Plan does add these requirements to the routine probe monitoring: • Obtain laboratory analyses of a gas sample from a monitoring probe: - 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 the TOC concentration measured with a Flame Ionization Device or approved alternative instrument exceeds 5 percent by volume in any of the probes, a single sample from the probe with the highest concentration (from the monthly monitoring events during the quarter). 1.2.4 California Code of Regulations (CCR), Title 27 These regulations govern subsurface lateral gas migration, and are administered by the local enforcement agency (LEA), in this case the Orange County Environmental Health. Newport Terrace Landfill — O&M Manual Conformance requires monthly monitoring and reporting of perimeter gas migration probes. Methane concentrations in the probes may not exceed 5 percent by volume. 1.3 SITE LOCATION AND PHYSICAL DESCRIPTION The Newport Terrace Landfill (Newport Terrace) is located at corner of Balboa Boulevard and 19th Street in the City of Newport Beach, CA (see Figure 1). The site contains the Newport Terrace Condominium complex that consists of 62 residential buildings containing between two to eight condominium units each, parking garages and ancillary buildings. All units are residential use and many families live in them. It is assumed that most are owner -occupied; however, some are rental units. The condominium complex was constructed at the site in 1972; prior to that, it was vacant land partially used for aggregate mining and land -filling (until 1967). A portion of the condominium complex overlies an inactive municipal solid waste (MSW) landfill, operated in the 1960's and 1970's. The landfill actually has two distinct areas: (1) the main landfill, and (2) the "nubble fill," which received principally inert waste. The areas are delineated on Figure 2. An LFG system was installed in landfill areas in the early 1980's to protect the surrounding residential improvements. A substantial reconstruction/replacement of the LFG system was initiated in September 2007 and completed in May 2008. The new system consists of 15 gas extraction wells, associated underground collection piping, four pneumatic condensate traps, and an indoor treatment facility consisting of blowers, hydrogen sulfide removal and carbon adsorption equipment. The system also contains cross -connections to allow extraction from portions of the previously existing gas control system. In addition, about 40 gas migration monitoring wells (including about 80 probes) exist at the site. A complete set of as -built drawings of the reconstructed LFG system is contained in Appendix A. The new system was constructed pursuant to corrective action ordered by the Orange County Local Enforcement Agency (LEA), the California Integrated Waste Management Board (CIWMB), and permits from the South Coast Air Quality Management District (SCAQMD) Newport Terrace Landfill — O&M Manual 4 U) M m LL O N G 7 O a c m 0 0 J 71 O 0. N 0 D rn Il I 133H(-,13 H181 a I r a04 Ie /d ddd �•; o pl Ll. J i I Pl. IL' 1 RI IN L _ @ _ I n s I n U) M m LL O N G 7 O a c m 0 0 J 71 O 0. N 0 D rn Il Newport Terrace Landfill — O&M Manual 1.4 SITE OWNER/OPERATOR The City of Newport Beach both owns and operates the LFG control system, although the NCA owns the property. The contact person for the City is: George Murdoch City of Newport Beach Utilities Department P.O. Box 1768 Newport Beach, CA 92658-8915 (949)644-3011 1.5 LANDFILL GAS HAZARDS LFG is produced as part of the decomposition processes that occur following the burial of organic refuse materials. LFG contains methane which is a flammable gas — if exposed to an ignition source, methane is explosive at concentrations between 5 and 15 percent v/v, the so- called lower and upper explosive limits (LEL and UEL). An LFG mixture is flammable at higher methane concentrations. Production of LFG can create pressure within the landfill which acts as a driving force, pushing LFG into surrounding soils, which can result in off-site subsurface movement (migration). The placement of cover soil or other means of capping (i.e., pavement or landscaping) over the landfill site or adjacent areas reduces free venting of LFG to the atmosphere and promotes lateral LFG migration toward off-site locations. Methane migrating through soils from landfill sites may pose a safety threat if it is allowed to infiltrate into an enclosed space, and is ignited by a spark or other ignition source. Methane can accumulate in buildings above the ground surface, particularly in wall spaces. The distance and speed of LFG migration are functions of the rate of gas generation, characteristics of the landfill cover (which regulates internal pressure buildup), the elevation of groundwater, and the permeability of adjacent soils. The composition of the waste and the availability of moisture are the principle factors determining the amount of LFG generated. Construction debris with low organic content produces a small volume of gas, whereas municipal wastes with a high organic content can produce substantial volumes of LFG. The age of the landfill also affects the rate of gas generation. Decomposition of refuse, and the resulting gas generation, will slow over time as the organic fraction of the waste is consumed. It has been observed that significant gas production and the potential for a migration problem may proceed for 20 to 50 years after the placement of refuse in the landfill site. The LFG system at Newport Terrace was installed to control potential off-site subsurface migration. As generated, LFG is primarily composed of 45 to 60 percent methane and 40 to 55 percent carbon dioxide. In older landfills, such as Newport Terrace, the LFG is often naturally diluted Newport Terrace Landfill — O&M Manual with nitrogen and oxygen due to air intrusion into the waste mass. LFG also includes small amounts of ammonia, sulfides, hydrogen, carbon monoxide, and non -methane organic compounds (NMOCs) such as trichloroethylene, benzene, and vinyl chloride. Table i lists typical landfill gases, their percent by volume, and their characteristics. NMOCs consist of hazardous air pollutants (HAPs) and volatile organic compounds (VOCs), which can react with sunlight to form ground -level ozone (smog) if uncontrolled. Some of the NMOCs also are odorous. Rule 1150.1 identifies a list of specific Toxic Air Contaminants (TACs) which must be sampled for within collected and treated gas, as well as at probes (see Section 1.2.1 and 1.2.3). Table 1. Typical Landfill Gas Components Component percent by Characteristics Volume Methane 45-60 Methane is a naturally occurring gas. It is colorless odorless, and can be explosive. Landfills are the single largest source of U.S. man-made methane emissions. Carbon Dioxide 40-55 Carbon dioxide is naturally found at small concentrations in the atmosphere (0.03%). It is colorless, odorless, and slightly acidic. Nitrogen 2-5 Nitrogen comprises approximately 79% of the atmosphere. It is odorless, tasteless, and colorless. Oxygen 0.1-1 Oxygen comprises approximately 21%of the atmosphere. It is odorless, tasteless, and colorless. Ammonia 0.1-1 Ammonia is a colorless gas with a pungent odor. Non -Methane Organic 0.01-0.6 NMOCs are organic compounds (i.e., compounds Compounds (NMOCs) that contain carbon). (Methane is an organic compound but is not considered an NMOC.) NMOCs may occur naturally or be formed by synthetic chemical processes. NMOCs most commonly found in landfills include acrylonitrile, benzene, 1,1-dichloroethane, 1,2 -cis dichloroethylene, dichloromethane, carbonyl sulfide, ethyl -benzene, hexane, methyl ethyl ketone, tetrachloroethylene, toluene, trichloroethylene, vinyl chloride, and xylenes. Hydrogen Sulfide 0-1 Hydrogen sulfide and other sulfur compounds (e.g., dimethyl sulfide, mercaptans) are commonly found in landfills that give the landfill gas mixture its rotten -egg smell. Sulfides can cause unpleasant odors even at very low concentrations. Newport Terrace Landfill — O&M Manual Table I. Typical Landfill Gas Components Component Percent by Characteristics 10.0 Volume 2.0 Hydrogen 0-0.2 Hydrogen is an odorless, colorless gas. Carbon Monoxide 0-0.2 Carbon monoxide is an odorless, colorless gas. Source: Tchobangolous, Theisen, and Vigil 1993; EPA 1995. 1.5.1 Landfill Gas Levels at Newport Terrace At Newport Terrace, with the installation of the new vertical wells and collection piping, the concentration of methane in the collected gas is averaging about 4 to 5 percent. (Before the 2007-08 modification of the system, the gas collected usually contained methane concentrations under 1.0 percent by volume, because (a) the collection piping had deteriorated over the years, allowing air intrusion; and (b) the original trench collectors were very shallow, and the system was located at the margins of refuse burial, possibly in native soil.) At Newport Terrace, based on monitoring performed since start-up of the new system, total NMOCs have been detected in the area of 40 ppmv (after carbon adsorption the concentrations have been reduced to under 10 ppmv). TACs in the collected gas have been consistently been detected at the levels (parts per billion, ppbv) shown in Table 2. Table 2. Non -Methane Organic Compounds Detected at Newport Terrace Compound Average Level Detected (ppbv) Benzene 10.0 Chlorobenzene 2.0 Dichlorobenzenes 15.0 Dichloromethane 1.5 Perchloroethylene 3.0 Toluene 50.0 Tricholorothene 3.0 Chloroform 10.0 Vinyl Chloride 5.0 m+p xylenes 90.0 o -xylene 30.0 8 Newport Terrace Landfill — O&M Manual After treatment, all levels decline to single -digit ppbv or non-detectable, with the exception of Vinyl Chloride, which remains at the 5.0 ppbv level, but well below the AQMD permit standard of 170 ppbv (0.17 ppmv). Hydrogen sulfide has not been detected in significant amounts. Title 27 of the California Code of Regulations (27 CCR), Section 20917, requires all municipal solid waste landfill operators to ensure that the concentration of methane gas generated from their landfill does not exceed 1.25 percent (by volume in air) in all on-site enclosed structures, excluding LFG control structures, nor 5 percent (by volume in air) in soils at the property boundary. Further, air quality regulations have been adopted which limit the amount of LFG that can be released into the atmosphere. SCAQMD Rule 1150.1 supports Title 27 by requiring subsurface monitoring, but also addresses surface emissions monitoring (although Newport Terrace is largely exempt due to its age.) Newport Terrace Landfill — O&M Manual 2 DESCRIPTION OF LFG CONTROL SYSTEM 2.1 SYSTEM OBJECTIVES AND GENERAL DESCRIPTION The primary objective of the Newport Terrace LFG system is to maintain methane concentrations of no more than 5 percent at the property boundary. The secondary objective of the system is to reduce emissions of non -methane organic compounds (NMOCs) of the collected LFG to less than 20 parts per million by volume (ppmv) (measured as hexane at 3 percent oxygen) or 98 percent destruction, thereby protecting air quality. The reduction of NMOC emissions is accomplished via the newly installed carbon adsorption units. These objectives meet the goals of regulations which govern the site, primarily those summarized below: California Code of Regulations (CCR) Title 27, Section 20917 et seq. This code requires the site owner to monitor for the presence or movement of subsurface LFG toward off-site locations. The monitoring is typically accomplished through installation of probes at the property boundary. This code also requires the owner to maintain a methane concentration of 5 percent or less at the property boundary and a methane concentration of 25 percent or less within on-site structures. The Local Enforcement Agency (LEA) administers the above regulation for the state. The LEA for the Newport Terrace site is the: Orange County Health Care Agency Environmental Health Division 1241 East Dyer Road, Suite 120 Santa Ana, CA 92705 (714)433-6000 • South Coast Air Quality Management District (AQMD) Rule 1150.1 Compliance Plan. The Newport Terrace site applied for a Rule 1150.1 Compliance Plan (Application #355993) which was approved on December 17, 1999. This plan describes compliance procedures for control of gaseous emissions from municipal solid waste landfills. The plan may be referenced in Appendix G. South Coast Air Quality Management District 21865 Copley Drive Diamond Bar, CA 91765 (909) 396-2000 Ti] Newport Terrace Landfill — O&M Man The Newport Terrace LFG Control System consists of three major components: Monitoring Probes. Thirty-nine multi -depth monitoring wells, three containing three nested probes and the rest containing two probes, have been installed around the site boundary. (Note: These probes were all in place prior to the 2007-08 system upgrade.) • Extraction Wells. Fifteen vertical extraction wells have been installed at the landfill. These extraction wells were constructed in 2008. The previously installed horizontal collectors are connected to the new system, and can be utilized in conjunction with the new wells, although their condition is not known. • Blower Station. A blower station is located in the Northwest comer and contains blower equipment, activated carbon adsorption units, a Sulfatreat system, and condensate separation equipment, all installed as part of the 2007-08 construction. Record drawings for the system installed in 2008 are attached in Appendix A. 2.2 MONITORING PROBES Monitoring probes are located outside of refuse around the site perimeter. (These probes were part of the original LFG system and pre -date the 2008 construction). All the probes are multi - depth and contain casings which are capable of providing readings for different subsurface zones. Five of the probes contain three casings. The data that is known about the probes, including depth where available, is listed in Table 3. Probe locations are shown on Figure 2. Table 3. Monitoring Probe Data Probe Material Depth (ft) Notes CP-OiA 1/2 PVC 8.51 CP -01 B 1/2 PVC 25.3 CP -01C 40.23 PVC CP -02A Tubing CP -02B Tubing CP -03A Tubing CP -03B Tubing CP -04A Tubing CP -05A Tubing CP -05B Tubing CP -06A Tubing Vault cover broken, not marked Newport Terrace Landfill — O&M Manual Table 3. Monitoring Probe Data Probe Material Depth (h) Notes CP -06B Tubing Vault cover broken, not marked CP -07A 3/4 PVC 9.31 CP -076 3/4 PVC 25.25 CP -07C 3/4 PVC 40.26 CP -08A 3/4 PVC 10.23 CP -08B 3/4 PVC 25.26 CP -08C 3/4 PVC 39.92 CP -09A 3/4 PVC CP -09B 3/4 PVC 21.2 CP -09C 3/4 PVC 38.95 CP -1 OA Tubing CP-1OB Tubing CP -11A Tubing CP -1 1 B Tubing CP -12A CP -12B CP -13A Tubing CP -13B Tubing CP -14A Tubing CP -14B Tubing CP -15A Tubing No Valves CP -16A Tubing CP -169 Tubing CP -17A Tubing CP -17B Tubing CP -18A 1/2 PVC 15 CP -186 1/2 PVC 23 CP -19A Tubing 12 Newoort Terrace Landfill - O8.M Manual Table 3. Monitoring Probe Data Probe Material Depth (ft) Notes CP -19B Tubing CP -20A Tubing CP -20B Tubing CP -21 A 3/4 PVC CP -21 B 3/4 PVC CP -22A CP -228 CP -23A 1/2 PVC CP -23B 1/2 PVC CP -23C 1/2 PVC CP -1C Tubing CP -4B Tubing CP -7C 3/4 PVC CP -8C 3/4 PVC CP -9C 3/4 PVC P -IA Tubing P-1 B Tubing P -7A Tubing P-78 Tubing P -8A Tubing P-88 Tubing P -9A Tubing P-98 Tubing P -14A Tubing P -14B Tubing P-1 5A Tubing P-1 5B Tubing P-1 6A Tubing 13 Newport Terrace Landfill — O&M Manual Table 3. Monitoring Probe Data Probe Material Depth (ft) Notes P -16B Tubing P -21A Tubing P-21 B Tubing P -25A Tubing P -25B Tubing P -27A Tubing Plugged P -26A Tubing P -26B Tubing P -27B Tubing P -28A Tubing P -28B Tubing Water Blocked P -30A 5 P -30B 15 P -31A 3/4 PVC 5 P-31 B 3/4 PVC 15 P -32A 3/4 PVC 5 P -32B 3/4 PVC 15 P -33A 1/2 PVC 5 P -33B 1/2 PVC 15 14 Newport Terrace Landfill — O&M Manual 2.3 EXTRACTION WELLS The vertical extraction wells (EW) numbers 1, 2, 3, 4, and 5 are located within the refuse footprint (boring logs confirm intercepting refuse). EW 6 through 11 are in soils outside the perimeter of refuse placement. EW 12, 13, 14 and 15 were completed in the rubble fill area. The wells depths are shown in Table 4, and each contains a casing perforated in the lower 1/3 zone, approximately (see boring logs, Appendix B). Table 4. Extraction Well Casing Depths Well No. Depth (ft) EW -1 30 EW -2 30 EW -3 20 EW -4 29 EW -5 29 EW -6 29 EW -7 29 EW -8 29 EW -9 29 EW -10 29 EW -11 29 EW -12 29 EW -13 20 EW -14 23 EW -15 20 The extraction well casing is made of 3 -inch -diameter solid Schedule 80 PVC pipe, with the bottom third made of 3 -inch -diameter slotted Schedule 80 PVC pipe (a detail is shown in the system drawings, Appendix A). The well casing is installed straight and plumb in the center of the 18 -inch diameter borehole (except wells EW -12 through EW -15, which have 12 -inch boreholes). The amrular space surrounding the slotted well casing is filled with specified filter pack consisting of clean gravel backfill 1 foot above the top of the slotted casing. The gravel backfill is then covered with a 1 -foot layer of clean soil, followed by a 3 -Foot bentonite plug. The casing is backfilled with soil up to 4 feet 6 inches below ground surface, and an additional 2 - foot bentonite plug is then placed. The well is completed by installing a valve box with concrete surround and a gravel base. A control valve and monitoring tubing with labcock valves are also installed with a valve box. is Newport Terrace Landfill — O&M Manual 2.4 BLOWER STATION The blower station is located within a building with locking doors. Four blowers, a moisture separating tank, two activated carbon adsorber units, a sulfatreat system, and electrical controls are located within the blower station. Highlights of the major blower station components are given below. 2.4.1 Moisture Separating Tank The first equipment LFG reaches in the station is the moisture separator (knockout) vessel. The LFG is introduced into the knockout near the midpoint and exhausted at the top. While rising through the tank, condensate and particulates are removed from the gas stream through a filter (demister). This condensate drains from the knockout bottom to a pipe and flows by gravity to the condensate sump (CS -I ). 2.4.2 Blowers Four blowers are installed in the station. There are two CP404M H2S blowers and two CP808 LFG blowers. Information on the blowers is provided below. Manufacturer: Rotron; Saugerties, NY 12477 Motor Model Numbers: HzS blowers: CP-404FQ58MLR - 1.0 hp I t5/230 V, 60 Hz, 1 Phase 107 efm capacity each LFG Blowers: CP-808FX5MWLR - 5.5 hp 230 V, 60 Hz, I Phase 300 etin capacity each Type: Sealed Regenerative w/Explosion-Proof Motor 2.4.3 Activated Carbon Adsorption Units Two skid mounted activated carbon adsorption units (vessels), installed in series, are located within the blower station, each containing 2,000 lbs of material. The carbon is R 4X8 series granular activated carbon (GAC) from Baker Filtration. The purpose of the activated carbon is to remove the non -methane organic compounds (NMOCs) of the LFG by adsorption. A sampling port is provided at the exhaust side of each unit to monitor the carbon performance. Upon detection of unacceptable levels of NMOCs at the first vessel exhaust which is specified in the AQMD permit as 20 ppm as hexane (see Appendix D), the material is considered exhausted and the unit contents must be removed and reloaded with fresh (regenerated) GAC. The LFG passes through each adsorption unit in series, and the units are intended to operate as a primary unit and secondary unit. When carbon in the primary becomes "saturated," i.e., can no longer adsorb NMOCs, "breakthrough" will be detected and the secondary unit becomes the principal adsorber. W Newoort Terrace Landfill — O&M Manual At that point, fresh carbon should be ordered for the primary unit; and after it has been replaced, the flow should be reversed (using the available valves), so that the secondary unit becomes the primary. (For example, if the system is running with gas flowing from Vessel A to Vessel B, when the gas exiting Vessel A exceeds 20 ppm NMOCs, replacement carbon should be ordered and put into Vessel A, then the system should be reversed such that the gas flows from Vessel B to Vessel A.) The LFG control system must be shut down during unloading and reloading of carbon. 2.4.4 Sulfatreat System One skid mounted sulfur absorber is located within the blower station, containing 2,000 lbs of material ("Sulfatreat"). The purpose of the Sulfatreat system is to remove the sulfur compounds of the LFG collected in header line `B". A sampling port is provided at the exhaust and intake sides to monitor the Sulfatreat performance. The discharge of the Sulfatreat system is into the carbon adsorption units. Upon detection of unacceptable levels of sulfur treasured as HZS at the Sulfatreat exhaust ("breakthrough") which is specified in the AQMD permit — a maximum of 0.1 ppmv sulfur at the exhaust of the carbon system (see Appendix D) — the material is considered exhausted and the unit contents must be removed and reloaded with fresh Sulfatreat material. The LFG control system serving Line B is shut down during unloading and reloading of Sulfatreat material in the unit. 2.5 SITE SECURITY The blower facility is contained within a lockable building — keys are maintained by the city staff and its contractors. The building doors are connected to an alarm system — entry sends a signal to the city Utilities Department. Authorized personnel are issued two keys — one to enter the building and a second to suppress the alarm. The operations contractor is be responsible for ensuring appropriate signage is placed on the exterior of the blower facility (e.g. "Keep Out'). Well control valves, monitoring probes, condensate sumps are contained in valve/utility boxes as illustrated on the as-builts (see Appendix A), and require a lifting tool and wrench to access. 17 Newport Terrace Landfill — O&M Manual 3 LFG CONDENSATE HANDLING SYSTEM 3.1 LFG CONDENSATE LFG condensate is a liquid which develops as LFG cools while flowing in the collection system. It is mostly water but contains some dissolved organics and often is acidic (due to carbon dioxide in the LFG). LFG condensate must be removed from the collection piping system or it could collect in low points and cause gas flow blockage. Condensate shall be disposed of as hazardous waste unless otherwise determined by laboratory tests. 3.2 GAS CONDENSATE HANDLING SYSTEM DESCRIPTION Condensate collection facilities are shown on Sheets 3 (location) and 5 (details) of the system drawings (Appendix A). To collect and remove LFG condensate, four sumps (CS -I through -4) are incorporated into the collection header (Line A), and a moisture knockout is located in the blower station. The sumps are pneumatic in operation — air is supplied from a compressor in the blower station and via HDPE pipes in the collection header trenches. When the liquid level in the sump reaches a certain point, a float -control valve activates the air supply to the pneumatic pump, and liquid is pumped back into the header to continue flowing downhill to the next sump/low point, where the process is repeated. At the downhill end of the header system (past EW 11), the liquid is pumped out of the last trap to a discharge line which runs north into an existing city sewer manhole in the condominium development in Seabird Court. For Line B, condensate is allowed to drain back into EW 14. In the blower station, all gas travels through the condensate knockouts (one each for Line A and B). The condensate flows by gravity to CS -I where it is pumped into the header to ultimately flow to the city sewer. 3.3 HANDLING LFG CONDENSATE LFG condensate may contain many trace chemicals and be highly biologically active. Appropriate protective gloves and splash protection equipment should always be employed when working with LFG condensate. Operating personnel should always avoid direct skin contact. 18 Newport Terrace Landfill — O&M Manual 4 SYSTEM OPERATION 4.1 OPERATIONAL CRITERIA The Newport Terrace LFG Control System operational criteria are based on the system design, regulatory requirements, and past experience with other LFG extraction systems. The criteria summarized below follow the AQMD Permit to Construct/Operate (PTO) (see Appendices C and D): • Methane concentration shall be maintained at less than 5 percent by volume at all perimeter probes. • The concentration of total NMOCs at the final outlet of the carbon adsorption units shall not exceed 20 ppmv or achieve 98 percent destruction removal efficiency. • The sulfur concentration, measured as HzS at the final outlet of the carbon adsorption unit shall be below 0.1 ppmv. A more extensive discussion of permitting requirements is presented in Section 1.2. 4.2 SYSTEM START-UP The system requires start up upon power shutdown, carbon adsorption unit replacement, blower maintenance, or other operation interruption. Only qualified, experienced staff is recommended as operators to start the system using the following guidelines: 1. Check for alarms before entering blower house. 2. Check the system instrumentation for malfunctions (Yokogawa recorder, Kurz flowmeter, Raco autodialer, General Monitors gas detectors), which are indicated by trouble -lights on the control panel. 3. Check air compressor pressure (normal operating pressure is 100 psig). 4. Confirm main gas inlet valve HV -1 is open. 5. Confirm inlet and outlet valves (HV -2 and 3 or HV -4 and 5) are open for the selected blower. 6. Confirm valves for the Carbon vessels are set correctly (for V -I primary and V-2 secondary, valve position is as follows: HV -6, 9, 10, and 13 open; valves HV -7, 8, 11, and 12 closed). 7. Confirm hydrogen sulfide gas inlet valve HV -14 is open. K. Newport Terrace Landfill — O&M Manual 8. Confirm inlet and outlet valves (HV -15 and 16 or HV -17 and 18) are open for the selected Sulfatreat blower. 9. Confirm Sulfatreat outlet valve HV -19 is open. 10. Select Blower No. 1 or Blower No. 2 for the methane system and select Blower No. 3 or Blower No. 4 for the hydrogen sulfide system. (Note: Use hours meters on blowers to balance long-term usage.) 11. Turn the blower control selector switches to "AUTO." 12. Confirm that selected blowers are operating. 13. Confirm that operating parameters are within acceptable limits. For the initially installed equipment, the following should apply: - Main system — vacuum maximum 60 inches; flow between 200 scfm and 300 scfm (maximum under SCAQMD Permit). - HZS system — vacuum maximum 45 inches; flow between 40 to 80 scfm. - Inlet gas temperature maximum below 140°F. Use the following procedure to shutdown the treatment system: 14. Turn blowers I through 4 to the "OFF" position. 15. Close inlet valves HV -1 and HV -14. 4.3 SYSTEM SHUTDOWN It will be necessary to periodically shut the system down for repair or service. Use the following procedure to shutdown the treatment system: Turn blowers 1 through 4 to the "OFF" position (on control panels). 2. Close inlet valves HV -I and HV -14. 3. Additional steps may be required for extensive maintenance or repair activities. 4.4 OPERATION SCHEDULE The blower station is equipped with a timer for an automatic start up and shutdown to allow the system to operate a minimal amount of hours while still preventing methane concentrations above 5 percent at the perimeter. 20 Newport Terrace Landfill — O&M Manual The operating schedule (as of October 2008) is 10 hours per day, 7 days per week. It may be possible over time to reduce these hours to minimize operating costs and system wear, while meeting regulatory performance goals. Iteratively, the system flow should be reduced while watching probe methane concentrations — until monitoring data suggest that further reductions in operating times could result in methane exceeding the 5 percent limit. Changes to the operating schedule should be discussed with and approved by city staff. 4.5 REMOTE MONITORING BY CITY Remote monitoring of the on-site alarm systems within the equipment building will be handled by the Utilities Department. Such monitoring will be accomplished by wireless means with a telephone land -line connection as backup. Information relative to power outage, blower failure, gas detection, and unauthorized building entry is transmitted to the city's SCADA system on a real -titre basis which is continuously monitored. Operation and maintenance of remote monitoring equipment are the responsibility of the Utilities Department. Operation and maintenance of the on-site alarm system within the equipment building are the responsibility of the O&M contractor. The O&M contractor shall provide contact information to the Utilities Department so that alarms detected by the remote monitoring can be relayed to the O&M contractor for response on a "24/7" basis. The contact information must be kept current during the O&M contract tern. 21 Newport Terrace Landfill — O&M Manual 5 SYSTEM MONITORING 5.1 MONITORING CRITERIA Routine monitoring is scheduled at the Newport Terrace LFG Control System to check its conformance with the regulatory criteria and permits described in Section 3 of this report, as follows: • Methane concentration shall be maintained at less than 5 percent by volume at all perimeter probes. • The concentration of total NMOCs at the final outlet of the carbon units shall not exceed 20 ppmv or achieve 98 percent destruction removal efficiency. • Sulfirr concentration measured as H2S at the final outlet of the carbon adsorption system shall not exceed 0.1 ppm. In addition, monitoring is performed to keep the system running at its optimum efficiency. Experienced, qualified LFG technical staff is recommended to perform the monitoring tasks. 5.2 MONITORING EQUIPMENT Monitoring techniques described in this manual involve commonly used battery-operated instruments which have proven to be easy to use and provide reliable results. The following monitoring equipment is needed to perform recommended monitoring. Alternative equipment may be utilized if it can provide suitable, dependable data. 5.2.1 Combustible Gas Monitoring Instrument For monitoring methane at the extraction wells, monitoring probes, and the blower station, a portable combustible gas analyzer is necessary. At a minimum, the gas analyzer must be capable of measuring methane in percent by volume and percent LEL. Instruments are available which measure methane as well as oxygen, carbon dioxide, pressure, vacuum, and temperature, but these are more expensive. Measurement of carbon monoxide and temperature may be considered optional and warranted under special conditions, such as suspicion of subsurface combustion. Gas instruments are to be calibrated in accordance with the manufacturer's procedures and schedules. There are numerous portable gas instruments available. However, the preferred instrument is the Landtec GEM -2000. This instrument is recommended and detects methane, oxygen, carbon dioxide, and nitrogen, as well as static pressure and flow rate. 5.2.2 Photo Ionization Detector (PID) A PID is recommended (referred to as an organic vapor analyzer in the SCAQMD Permit to Operate) to measure the emission at the carbon adsorption unit exhaust. A PID measures all organic components in the gas stream, except methane. 22 Newport Terrace Landfill — O&M Manual arrill Either of the following instruments may be considered appropriate for this site: Thermo Electron TVA 1000B Vapor Analyzer www.thermo.com MiniRAE 2000 RAESales@raesystems.com 5.2.3 Hydrogen Sulfide Measurement Drager tubes or H2S detectors are used to measure the sulfur emissions as 1-12S. A bag sample needs to be taken from the outlet of the Sulfatreat system for testing for 1-12S. A Drager tube or other instrument is used to determine if the sulfur emissions are above 0.2 ppmv. A bag sample can be taken using a sampling box. SCS recommends taking bag samples to measure the sulfur emissions at the rubble fill wells (EW -12, EW -13, EW -14, and EW -15). 5.2.4 Pressure/Vacuum Gauges Portable pressure/vacuum gauges are required for field measurements at the extraction wells and monitoring probes. Appropriate, permanent gauges are installed on-line at the blower station piping. (Note: The GEM 2000 allows direct reading of static and differential pressures and so can service this purpose.) The ranges of pressure/vacuum typically encountered at sites such as Newport Terrace would be from 0 to 30 inches -water column. Magnehelics or a digital manometer may also be used for pressure measurements. 5.2.5 Miscellaneous Tedlar bags will be required for LFG samples taken at the carbon adsorption unit inlets and emission sample at the outlet of the final carbon adsorption unit. Tedlar bag and Drager Tube that can measure down to 0.2 ppmv H2S or equivalent equipment is necessary to measure the inlet and exhaust of the Sulfatreat system. Gas samples from the inlet are analyzed for VOCs and speciated for Toxic Air Contaminants (TACs, as defined in SCAQMD Rule 1150.1) and the gas samples from the exhaust of the carbon system are analyzed for chloroform, vinyl chloride, and hydrogen sulfide in the laboratory in accordance with the AQMD permit. 5.3 MONITORING PROCEDURES Monitoring procedures include visual inspection, meter reading, and testing with field instruments. Monitoring results should be recorded directly into the instrument (if capable) or onto an inspection form (Appendix E). 23 Newport Terrace Landfill — O&M Manual The system is monitored for the following items: 24 Subject Method Methane Inlet System Inlet separator Differential pressure, in H2O Gauge reading Inlet gas temperature Temperature, °F Gauge reading Inlet gas pressure Pressure, in H2O Gauge reading Blower discharge temperature Temperature, °F Gauge reading 1-12S Inlet System Inlet Separator Differential pressure, in H2O Gauge reading Sulfatreat discharge temperature Temperature, °F Gauge reading Sulfatreat discharge pressure Pressure, in H2O Gauge reading Blower discharge pressure Pressure, in H2O Gauge reading Instrumentation - Operating System Gas flowrate Flowrate, SCFM Kurz meter Total gas flow Volume, SCF Kurz meter Major gases (CH4, CO2, N2, 02) Percent by volume GEM 2000 (inst. test) 1-12S concentration ppm Drager Tube (inst. test) Air compressor pressure Pressure, psi Gauge reading Air compressor hours Elapsed time, hr Gauge reading Blowers (H -O -A) Lead blowers Note switch position Blower hours (each) Elapsed time, hr Gauge reading Blower Station Automated Safety Monitoring Percent combustibles - percent LEL - General Monitors Sensor/Alarm 1-12S concentration- ppm 1-12S - General Monitors Sensor/Alarm Carbon Adsorbers Vessel No. 1 inlet NMOC Concentration PID Instrument test Vessel No. 1 outlet NMOC Concentration PID Instrument test Vessel No. 2 outlet NMOC Concentration PID Instrument test Sulfatreat System outlet Sulfur Concentration (as 1-12S) Drager Tube or other inst. 24 Newport Terrace Landfill - O&M Manual llllu� Extraction Wells (each) Pressure/Vacuum Instrument test Temperature Instrument test Methane Instrument test Oxygen Instrument test Carbon Dioxide Instrument test Monitoring Probes (each) Pressure/Vacuum Instrument test Methane Instrument test Oxygen Instrument test Carbon Dioxide Instrument test All instrument readings are taken at cock valve hose fittings under the procedures noted below. 5.3.1 Carbon Adsorption Units (Each) 1. Connect Tedlar bag to V-1 inlet (SP -3) and till bag. 2. Connect PID to Tedlar bag. 3. Open sample valve and record instrument reading upon stabilization (i.e., when gauge reading holds steady for several seconds). 4. Repeat for V -I outlet (SP -8) and V-2 outlet (SP -9). 5.3.2 Sulfatreat System 1. Connect sample box with Tedlar bag inside to Sulfatreat vessel outlet (SP -6). 2. Start sample pump and fill Tedlar bag. 3. Connect Tedlar bag to HzS monitoring instrument to Drager tube. 4. For instrument: open sample valve and record instrument reading upon stabilization (i.e., when gauge reading holds steady for several seconds). 5. For Drager tube: break off the tip of Drager tube using the Drager tool. 6. Insert the Drager tube into the Drager pump. 7. Attach the Drager pump to the Tedlar bag. 25 Newport Terrace Landfill — O&M Manual llllp� S. Open the Tedlar bag and slowly pump the gas out of the Tedlar bag using the Drager tube, making sure the pump counter clicks over. 9. Record the number of pumps. 10. Record the reading on the Drager tube and calculate the HZS concentration. 5.3.3 Extraction Wells (Each) It is important to take vacuum/pressure readings before methane or other gas chemistry readings. 5.3.3.1 Pressure/Vacuum 11. Connect pressure gauge hose to the sampling port fittings on the well side of flow control valve. 12. Record instrument reading upon stabilization (i.e., when gauge reading holds steady for several seconds). 13. Repeat pressure/vacuum reading Steps 1 and 2 for sampling port on header side of gate valve. 5.3.3.2 Gas Composition 14. Follow instrument manufacturer's procedure for startup and calibration of combustible gas monitoring equipment. 15. Record instrument reading for methane, carbon dioxide, oxygen and balance gas, if included, upon stabilization (i.e., when gauge reading holds steady for several seconds). 5.3.4 Monitoring Probes (Each) It is important to take vacuum/pressure readings before methane or other gas chemistry readings. 5.3.4.1 Pressure/Vacuum Connect pressure gauge hose to shallowest cock valve hose fitting. 2. Open cock valve and record instrument reading upon stabilization (i.e., when gauge reading holds steady for several seconds). Close cock valve. 3. Repeat pressure/vacuum reading Steps 1 and 2 for all subsurface zone cock valves. 5.3.4.2 Methane Concentration 4. Follow instrument manufacturer's procedure for startup and calibration of combustible gas monitoring equipment. 5. Record instrument reading for methane, carbon dioxide, oxygen and balance gas, if included, upon stabilization. RM Newport Terrace Landfill — C&M Manual 6. Close cock valve. 7. Remove hose and instrument. 8. Repeat Steps 4 through 8 for all subsurface zone cock valves. 5.3.4.3 Methane Concentration Exceedance When gas monitoring indicate concentrations of methane in excess of the compliance level, do some combination of the following to bring the probe back into compliance with the requirements of CCR Title 27: 1. If a probe has more than 5% methane, notify the Landfill owner and LEA within l business day of the monitoring event. 2. Within 7 days of the detection of exceedance verify the result by performing the following: • Monitor probe weekly. • Verify that the blower is running properly and that there are no water restrictions or air leaks in the pipe. • Increase and optimize landfill gas collection using the existing gas collection wells. This may require increasing the blower speed using the variable frequency drive. • Improve gas collection by improving Landfill surface cover to decrease air infiltration. • Evaluate the effects of barometric pressure. • Verify the probe(s) measurements. • Inform LEA of actions taken to control LFG by e-mail or letter. 3. If the initial verification indicates exceedance, continue monitoring on a weekly to allow the methane concentration drop to below 5% in response to the system adjustments/ optimization. 4. Within 21 days of fist methane exceedance, submit to the LEA a letter workplan which describes the nature and extent of the problem, all operational actions taken, and recommended corrective actions needed to protect public health and safety and the environment. The letter should: • Evaluate the problem. • State actions taken to date. • Evaluate appropriate alternatives. Alternatives may include some combination of the following: — Install additional interior landfill gas extraction well(s) — Replace the blower with a larger unit. 27 Newport Terrace Landfill — O&M Manual — Other control alternatives - the propose of this category is to acknowledge that new technologies are continually being developed and that a new technology may be the preferred approach. • Bar hole punch (3 foot depth) and monitor by all homes within 25 feet of probe weekly. • An implementation schedule of the selected alternative and anticipated schedule to bring the probe into compliance. 5. After probe readings decrease to below compliance levels, continue weekly monitoring for four (4) consecutive weeks. After four (4) consecutive weeks of readings below compliance levels, the monitoring frequency may revert to monthly or as otherwise approved by the LEA. 6. If exceedances return, increase monitoring frequency to weekly and reinitiate evaluation, and implementation of control measures. 5.4 MONITORING RECORDS AND SCHEDULE The probes are monitored monthly for TOCs (reported as methane) and lab analyzed quarterly for TACs. A Tedlar bag sample needs to be lab analyzed for TOCs quarterly. All other monitoring events happen monthly except the source test which is performed annually (see Table 5b). Table 5a. Monitoring Schedule Monthly Quarterly Annually Collect and lab analyze sample from inlet and outlet of carbon x system for VOCs and TACs Monitor Sulfatreat exhaust for 1-12S with Drager Tubes x Monitor TNMOC concentration at each carbon adsorber outlet x with PID Monitor boundary probes for TOCs (as methane) using x portable instrument Collect sample(s) from boundary probe(s) for lab x analysis of TACs and TOC Source Test x Newport Terrace Landfill — O&M Manual Field measurements should be recorded directly either directly into monitoring instruments that have data logging capability (e.g., GEM), or onto paper monitoring forms (see example fonns, Appendix E). If monitoring data is recorded on the instrument, that data should be uploaded to a data management system which can be queried for trends and reporting. Original records shall be saved for a minimum of 2 years in accordance with the SCAQMD Permits and 3 years per LEA requirements. In practice however, all data should be securely stored electronically for future use, which may be assumed to be for 20 years or more. In addition to the reporting required by regulatory agencies (LEA and SCAQMD), monitoring and maintenance data should always be sent to the City of Newport Beach and the Newport Condominium Association. 5.5 REPORTING TO REGULATORY AGENCIES Monitoring results are required to be reported to two regulatory agencies, the solid waste local enforcement agency (LEA) within five days of monitoring event, and the South Coast Air Quality Management District. The following table summarizes reporting requirements to the SCAQMD and LEA: 29 �o C Z C c C a ZE"m 'm 'm '00 '0 '0 "0 oac° oao oam 200 00 00 n0 oC t10. 00 m0 o0 :10 NCO W6 c pVe mN LL� an LLN mQ LL\ m LL mN c. C� C. 0L 0� 0' O' 0'• 0' �aN fan Rn� 2� yQ. ao' Ko' U U U W R'^' I Dip T 0 u c^ = E.` at 8 3a�� �qLR -g Eao R cm W o mD ' pDn .c 0 Up ppymNp 'F ��d UCFQ a TmucLDmD NN A0at arQ 2mREV c CW Cr o° o0go a C�am0 9L pa¢e( 0 DER � > E` Re C Can QOqC C DU9m>a 0DO C aa SWC ON QF ad 'U p0 0 o 0 B- a C _m 8m n cm..0 i .dQ i° $"mF°"oR ,.a°c ..9EaL �m orc Ra Pu pC oa-E® ZOQ>N0In- n.a �.[ 6 Cy„C `C 9q C8pL L.L. I O00 a?.2 call G n C7 .TUN a.>J.QODT �Dr pa RoNRm �VNa W9 ( Otin f6�C�NgO t•'b eC A 0 b '.: Do n 0C P 0° i1D I�4 N u0 W u° U° f E f F i 0� f f ap CQ to - :0 r0 L_0 «0 -52J 'U 50 .NQ LO nQ NQ Nd 0 Nd ..Void Nd ? D T 0 G 0 0 F 0 f 0 F Z 0 F m p 0 P LL n Q C E065 N .d i L E as ,.p0 D ^o 00g 00 -.n o m Ea• CCN DOC o �o w`D 0a F R V7cn 'D a 6a, 'mp mEa no (nig;^ N o ouoa mT m gxC D d oLOdo pgE '0ci h 0 eDEC of a �p �oOE nm_ V'c mQu000 CM_)D nC mQ3Q5 6QEoY U nN, 'es . a 0 ✓a(r 0 Ou,mO W -U u a0 Q QLcROU° 0 i 0 pu:. U-0-0 n3! 9 Y3Vv , �n;C CCO [LFUm^N }W F 0 ggOZdRDO �% pCtO2 DOO�a�.9 E DOSE 03 It 2C TJ `L UL UU 1�O�.NOD UOm[LFL biFFh=EfLO 9m6= R % mEC aUULLPQOUCNW¢UZ E_.6_xWnm =_v�aaU`. c m- N p cW DnEO3Nf oRqe�oa C CN - O F o cpzO qQ� V cUaQt 390 O u-„ 0 r0 VCsEm ann.r - o[t a EZ 03 n� oC° Sc a0 0a . O a n© C N y Y O M Newport Terrace Landfill — O&M Manual The operator (contractor) should copy the LEA on all reports sent to the SCAQMD. In the event that any test result indicates that the regulatory agency would be agreeable to reducing the frequency of that test, the operator (contractor), with the approval of the city and the NCA, will assist the city to petition the agency for an appropriate reduction. If the reduction is granted, this manual will be immediately updated to reflect the reduction. 31 Newport Terrace Landfill — O&M Manual 6 SYSTEM MAINTENANCE 6.1 MAINTENANCE CRITERIA The purpose of a scheduled maintenance program is to provide safe and efficient operation of the system and to prevent equipment breakdowns (unscheduled maintenance). The maintenance program consists of the observation and servicing of mechanical equipment and other components. Most of the equipment at the blower station is to be maintained according to manufacturer's criteria. This equipment includes the blowers, electrical controls, activated carbon canisters, Sulfatreat system, and moisture separating tank. The remainder of the system components is to be maintained by field staff. These components include the header/lateral/blower station piping, cock valves, check valves, in-line meters, and valve boxes. The safety and orderliness of the blower building, as well as the accessible wellfield facilities (well and probe vaults) are the responsibility of the system operator. This includes preventing and repairing damage from vermin. 6.2 MAINTENANCE PROCEDURES Visual inspection is the typical maintenance procedure, as described below, to be performed outside of the manufacturer's requirements. In general, the operator should do a visual inspection each time they enter the blower building and/or open well -field or probe vaults. Signs of unusual deterioration, damage (including from animals) shall be noted on a monthly log, included in Appendix E, and addressed as necessary. Equipment literature, including maintenance details, are included in Appendix H. 6.2.1 Compressor An Atlas Copco GX-4 air compressor provides pressurized air for the pneumatic pumps in the condensate sumps. Maintenance principally involves checking and maintaining the oil level, and cleaning air and oil filters. However, it is important that the operator respond to signs of incipient failure (unusual wear, or sounds or smells) in order to anticipate or react quickly to equipment failure, to allow planning for equipment replacement and minimize system downtime. 6.2.2 Blowers The manufacturer requires periodic inspection and service typically based on hours of service as measured by the elapsed time meter. 32 Newoort Terrace Landfill — O&M Manual 6.2.3 Flame Arrestor The flame ancestor will require disassembly and cleaning if the differential pressure exceeds two inches water -column. 6.2.4 Moisture Separator The moisture separator should be visually inspected for corrosion, weathering, leaks, seals, and pressure drop. An increase in pressure drop, measured at the sampling ports, one on each of the tank inlet and outlet pipes, indicates the unit is clogged and should be cleaned. Accumulated moisture in the separator, indicated also by an increase in pressure drop across the unit, should be drained by opening the drainage valve at the base of the unit. 6.2.5 Electrical Controls The system should be start-up tested monthly. The electrical controls should be visually inspected monthly or more frequently. 6.2.6 Gauges and Sampling Ports Permanent station gauges and sampling ports should be visually inspected for damage, proper seating and fit, and accuracy. Gauges need to be zeroed prior to recording readings. 6.2.7 Piping, Valves, and Fittings Piping, valves, and fittings within the station should be visually inspected for damage, corrosion, weathering, seal, and leaks. 6.2.8 Extraction Wells Visually inspect the wells at least once a month as follows: 1. Check inside the vaults and look for damage and proper operation of the well head, later tie in (flex hose) and condensate drain. 2. Check the sampling ports and gate valve for damage, leaks, workability, and seating. 3. Check the lateral piping for damage and leaks. 4. Check the modified condensate drains for damage or leaks. 6.2.9 Monitoring Probes Visually inspect the probes as follows: 1. Check the valve box, valve box cover, and identification tags for damage. 2. Check the cock valves for damage, leaks, workability, and seating. 33 Newport Terrace Landfill - O&M Manual 6.2.10 Carbon Adsorption Units Upon detection of "breakthrough" (exceedance of NMOCs at the carbon units' final exhaust, as measured by PID), the carbon shall be replaced and/or reactivated by an approved carbon provider as necessary. The sequence of carbon change -out is discussed in Section 2.4.3. 6.2.11 Sulfatreat System When breakthrough of HzS is detected (Drager Tube reading of 0.1 ppmv), the Sulfatreat media needs to be replaced, by contacting the Sulfa -treat vendor. 6.2.12 In -Line Flow Meter The Kurz flow transmitter uses thermal conductivity to measure the rate of flow of gas passing through the pipe. The heated sensor should be removed and cleaned annually. 6.2.13 Automated Condensate Sumps The four automated sumps should be visually inspected during routine monthly monitoring. 6.3 MAINTENANCE RECORDS AND SCHEDULE Routine maintenance activities at the blower station should be performed weekly, monthly, quarterly or annually, as described above and summarized in Table 6a 1. Monitoring forms for these maintenance activities are included in Appendix E. All maintenance work should be promptly and neatly recorded and retained as a permanent record to track long -tern changes or trends in the equipment performance. This record is used for planning future preventive maintenance or in diagnosing equipment breakdowns. Section 7 discusses data management. An annual maintenance and monitoring report shall be submitted by the owner to the solid waste local enforcement agency (LEA) by March l" of every year. Report shall include all maintenance performed on the system. 1 Monitoring Forms are included in Appendix E. 34 Newport Terrace Landfill — O&M Manual TABLE 6a. SUMMARY OF ROUTINE MAINTENANCE OF EQUIPMENT Equipment Model Appendix Warranty Scheduled Frequency Thresholds For Floor -mounted versions: clean the prefilter on the rear side of the compressor. Soo Clean the air filter. Maintenance Activity For Full -Feature versions: clean the condensor of the dryer. LFG system Amelek (Rotron) App H - One year Visual Observation Monthly blowers CP808M Section 2 For compressors with PDX filter: replace the filter. 4000 Clean the Ironed surface of the oil cooler. Replace lha oil aeperetor. Have the safely valva tested. H2$ system Ametek (Rotron) App H - One year Visual Observation Monthly blowers CP404M Section 2 .j'. YtMM *,F.777t .a 7 -Fr !Kv:?n � t1,"14X'lhi i!�.3`1'.1 {rha� �..iyr ✓,',.:ti: u;; -. Rotary Screw Atlas Capco GX4 App H - One year See Table 6b below. See Table 61p below. Compressor Section 2 I 'P 1 I'.F, ,x7 :;:Tr u,;ti:r•<v. I°� Mor IS{,:� .�.lSA .B r. Intl'. 'OI ai!fi. 1 dx,h+il. Carbon Baker Corp. Kleen App H - One year None. Replace Carbon As needed Carbon Vessels Air 2000 S Section 3 In sequence as replaced when described In Section exhaust 2.4.3 of O&M Manual NMOCs exceed 20 ppm I"..;ala!YivA,';.l'F ..h IfYll}T 4N;dAl:.i 1 TriTT7 Y, ;' Flame Groth Corp. No. App. H Section One year Remove and inspect Annually or when 2 inches water Arrestor 7628-04-11-F00 6 elements pressure drop column exceeds lhresshoid ,r�t,.„N,I+1�I.�i1�' �'UL'f;A},)i4"��rkS:;k •�.�,.a:,ti>it�l.�tr�q',5:�5: In-line flow Kurz 454 FT App. H Section One year Remove sensor and4 Annually meter 7 clean I54 i!A it: nf.tl "t'If4 R .il Y. :1: iWFII �.55 Methane General Monitors App. H Section One year Calibrate with certified Quarterly sensorand 480A controller; 10 gas controls Sensor l r1y0100�00y1-11 / p Hydrogen General Monitors App. H Section One year Calibrate with certified Quarterly Sulfide sensor 2180A conroller, 8 gas and controls 50445-1 sensor ,k ,,;;@9',;;...1�+�1.45C{f ..r.:V,! •c}:?1�...,%, � rr ;:;,: ... r..;,�ifu.�sr ,., `+: Condensate Real Environmental App: H Section Five year Visual Observation Monthly sumps Products. AutoSump 09 7000; Auto Pump A4 TABLE ab. PREVENTATIVE MAINTENANCE SCHEDULE FOR GX4 COMPRESSOR Maintenance Frequency - Running Hours Operation 50 Drain the condensate from the receiver. Check the oil level. For Floor -mounted versions: clean the prefilter on the rear side of the compressor. Soo Clean the air filter. For Full -Feature versions: check that condensate from the dryer Is drained automatically. For Full -Feature versions: clean the condensor of the dryer. Check the belt tension. For compressors with PDX filler: check the service Indicator. replace the filter if necessary. 2000 Replace the air filter. If Atlas Copco Roto -Inject Fluid Is used, change the oil. Replace the oil finer. For compressors with PDX filter: replace the filter. 4000 Clean the Ironed surface of the oil cooler. Replace lha oil aeperetor. Have the safely valva tested. 35 Newport Terrace Landfill — O&M Manual 7 DATA MANAGEMENT AND EVALUATION 7.1 THE DATA — COLLECTION, ASSESSMENT, AND MANAGEMENT Much of the work of collecting and controlling LFG involves the collection, evaluation, and management of LFG data. This process of collecting, evaluating, and managing data may be relatively simple or very complex. The level of complexity depends on the problems that a site presents, the evaluation or control objectives, resources available, and budget constraints. The process may be as simple as measuring and recording several key parameters on a reading sheet and making immediate on the spot adjustments in the field, or as detailed as performing systematic analysis using sophisticated software employing graphing or plotting data in multiple dimensions. 7.2 DATA COLLECTION The data required by the SCAQMD Permits to Operate are as follows • The quantity of LFG in standard cubic feet per minute being treated by the carbon adsorbers. • The concentration of TNMOCs at the combined inlet to the carbon adsorption system. • The concentration of TNMOCs at the final outlet of the carbon adsorber. • Annual source tests of the carbon adsorber system inlet and final outlet. • VOC and TAC samples collected from the inlet and outlet of the carbon adsorbers. • Sulfur compounds (measured as HZS) concentration at the exhaust of the Sulfatreat system. • Emissions at the exhaust of the carbon adsorbers sent to a lab to determine concentration of chloroform, vinyl chloride, and hydrogen sulfide. • Test results. • Monitoring data. • Dates of carbon replacement. Data is collected routinely using monitoring forms (either manual or electronic) for the blower facility, the wellfield, migration monitoring probes, onsite structures, etc. These data readings become a part of the facility operating record. A retention period of at least three years is required by the solid waste local enforcement agency (LEA). 36 Newnort Terrace Landfill — O&M Manual The system operator (contractor) will retain all monitoring and maintenance records, as well as providing digital copies to the City of Newport Beach and the NCA. Contact information for the city and NCA are listed in Appendix F. The city and NCA will each be responsible for archiving monitoring and maintenance records. A contractor working for the city or NCA should retain data for 10 years. The city and NCA should retain data for at least as long as the landfill and LFG system are subject to regulatory oversight (i.e., indefinitely). 37 Newport Terrace Landfill — O&M Manual 8 SAFETY The principle 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. This manual does not contain a Health and Safety Plan (HASP), nor does it contain lock -out, tag - out procedures. 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. 8.1 CONTACT INFORMATION Appendix F lists major stakeholder and regulatory parties contact information. 38 Newoort Terrace Landfill — O&M Manual 9 LISTING OF PERMITS South Coast Air Quality Management District, Permit to Construct/Operate, No. F85011, issued November 6, 2006 (Appendix C) — no specific expiration date. South Coast Air Quality Management District, Permit to Construct/Operate, No. F85012, issued November 6, 2006 (Appendix D) — no specific expiration date. Rule 1150.1 Compliance Plan, issued December 17, 1999 (Appendix G) — no specific expiration date. As of February 2009, an application has been submitted to the AQMD to modify the Compliance Plan to indicate the change in ownership of the site and the LFG system. California Code of Regulations (CCR), Title 27 — this is not a specific permit, but rather the owner/operator is required to perform monthly monitoring and submit quarterly reports to the LEA. 39 Newport Terrace Landfill — O&M Manual Appendix A System Drawings Newport Terrace Landfill — O&M Manual Appendix B Gas Extraction Well Boring Logs Newport Terrace Landfill — O&M Manual Appendix C SCAQMD Permit to Construct/Operate — Collection System Newport Terrace Landfill — O&M Manual Appendix D SCAQMD Permit to Construct/Operate — Treatment System Newport Terrace Landfill — O&M Manual Appendix E Well Field Monitoring Form Newport Terrace Landfill — O&M Manual Appendix F Contact Information Newport Terrace Landfill — O&M Manual Appendix G Rule 1150.1 Compliance Plan Newport Terrace Landfill — O&M Manual Appendix H Instrumentation and Equipment Literature (on CD) EXHIBIT B SCHEDULE OF BILLING RATES ES Engineering Services, LLC Page B-1 COST FILE The Cost File contains the individual bid items required to complete all operation, monitoring and maintenance work in accordance with the Operations and Maintenance (0&M) Manual attached to Exhibit "A" and further detailed below. The lump sum ("LS") prices provided in the Cost File shall include full compensation for furnishing the labor materials, tools, and equipment to complete all the work. "T &M" refers to Time and Materials. Bid Item Total Price No. Item Description Quantities rs� Routine O&M Services Monitoring Pursuant to Regulations and as described in the LS 48,945 1. OM&M Plan, Other Monitoring and Maintenance Parameters, (Annual) and Reporting (as specified in RFP Section 1-F and attached 0&M Manual), exclusive of laboratory analyses. Laboratory Analyses a) 138 Unit cost for laboratory analyses of air/gas samples, including : Unit price 2. a) Total Gaseous Non -Methane Organics (TGNMOs) (12/yr) b) 317 b) Rule 1150.1 Toxic Air Contaminants (YACs) (28/yr) 6,835 3. Landfill Gas Source Test Unit Price Carbon Change -Out a) 5,303 Lump sum costs for replacement of carbon adsorption media: 4. LS a) for a single vessel b) 6,845 b) for two vessels simultaneously COST FILE, 5. Sulfa -Treat Change -Out Unit cost for replacement of Sulfa -Treat media. Unit Price 5, 786 Non -Routine Services and Sudden Repairs 6' T&M Attached Rate Use attached rate schedule for T&M work, which Schedule includes labor and equipment rates. Eneineerine Services Attached Rate �' Use attached rate schedule for T&M work, which T&M Schedule includes labor and equipment rates. er ES ENGINEERING SERVICES SCHEDULE OF RATES ES Engineering Services, LLC Personnelhl Un Senior Officer Per Hour $ 212 Specialized Technical Staff Per Hour $ 187 Principal Per Hour $ 160 Senior Licensed Professional Per Hour $ 150 Project Professional Per Hour $ 135 Construction Manager Per Hour $ 135 Staff Professional Per Hour $ 110 Assistant Professional Per Hour $ 90 Senior Technician Per Hour $ 90 Technician Per Hour $ 80 Project Coordinator Per Hour $ 75 Draftsperson Per Hour $ 75 Clerical Per Hour $ 60 Other Unit Rate Traveling Vehicle Costs Per Mile $ 0.75 Truck Use Per Day $ 75 Subcontractor Markup % 15 Equipmentr`� Unit Rate Field Instrumentation (PID or equivalent) Per Day $ 110 LEL Meter Per Day $ 55 GEM 5000 Per Day $ 150 Flow Meter Per Day $ 22 Multiparameter Water Quality Meter Per Day $ 121 Dissolved Oxygen Meter Per Day $ 39 ORP Meter Per Day $ 33 pH/Conductivity Meter Per Day $ 28 Turbidity Meter Per Day $ 22 Oil/Water Interface Probe Per Day $ 55 Water Level Indicator Per Day $ 28 Blower or Vacuum Unit Per Day $ 110 Powered Liquid Pump Per Day $ 83 Power Generator Per Day $ 61 Tedlar Bags Each $ 11 Notes: (1) Personnel rates subject to a 150% markup for litigation support and 200% for court appearances as agreed by City in writing prior to incurring any cost for same. (2) Rates for other equipment not noted herein will be provided upon request prior to 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 ES Engineering Services, LLC Page C-1 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. E. Builder's Risk Insurance. For Contracts with property exposures during construction. Contractor shall maintain Builders Risk insurance or an installation floater as directed by City, covering damages to the Work for "all risk" or special causes of loss form with limits equal to 100% of the completed value of contract, with coverage to continue until final acceptance of the Work by City. At the discretion of City, the requirement for such coverage may include additional protection for Earthquake and/or Flood. City shall be included as an insured on such policy, and Contractor shall provide City with a copy of the policy. F. Pollution Liability Insurance. If required, Contractor shall maintain a policy providing contractor's pollution liability ("CPL") coverage with a total limit of liability of no less than one million dollars ($1,000,000) per loss and two million dollars ($2,000,000) in the aggregate per policy period. Claims - made policies require a 5 -year extended reporting period. The CPL policy shall include coverage for cleanup costs, third -party bodily injury and property damage, including loss of use of damaged property or of property that has not been physically injured or destroyed, resulting from pollution conditions caused by contracting operations. Coverage as required in this paragraph shall apply to sudden and non -sudden pollution conditions resulting from the escape or release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, waste materials, or other irritants, contaminants, or pollutants. The CPL shall also provide coverage for transportation and off -Site disposal of materials. The policy shall not contain any provision or exclusion (including any so-called "insured versus insured" exclusion or "cross -liability" exclusion) the effect of which would be to prevent, bar, or otherwise preclude any insured or additional insured under the policy from making a claim which would otherwise be covered by such policy on the grounds that the claim is brought by an insured or additional insured against an insured or additional insured under the policy. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: ES Engineering Services, LLC Page C-2 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: 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. City reserves the right to require complete, certified copies of all required insurance policies, at anytime. 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. ES Engineering Services, LLC Page C-3 C. 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. D. 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 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. E. 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. F. 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. G. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, 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. H. 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. ES Engineering Services, LLC Page C-4 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 8/14/17 Dept./Contact Received From: Date Completed: 8/21/17 Sent to: Joan By: Company/Person required to have certificate: ES Engineerir Type of contract: 1. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 12/31/16— Services Joan Jan A. INSURANCE COMPANY: Crum & Forster Specialty Insurance Co B. AM BEST RATING (A-: VII or greater): A / XII C. ADMITTED Company (Must be California Admitted): INSURANCE COMPANY: Travelers Indemnity Company of CT Is Company admitted in California? ❑ Yes E No D. LIMITS (Must be $1M or greater): What is limit provided? $1M/$2M E. ADDITIONAL INSURED ENDORSEMENT — please attach ® Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does E Yes ❑ No not apply to Waste Haulers or Recreation) E Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND COMPLETED OPERATIONS ENDORSEMENT (completed $1,000,000 Operations status does not apply to Waste Haulers) ❑ Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it N/A included? ® Yes ❑ No I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No J. CAUTION! (Confirm that loss or liability of the named insured HIRED AND NON -OWNED AUTO ONLY: is not limited solely by their negligence) Does endorsement H. include "solely by negligence" wording? ❑ Yes E No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): E N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A E Yes ❑ No II. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 12/31/16 — 12/31/17 A. INSURANCE COMPANY: Travelers Indemnity Company of CT B. AM BEST RATING (A-: VII or greater) A++/ XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? E Yes ❑ No D. LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? $1,000,000 E LIMITS Waiver of Auto Insurance / Proof of coverage ('rf individual) (What is limits provided?) N/A F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): E N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes E No H. NOTICE OF CANCELLATION: ❑ N/A E Yes ❑ No III. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 12/31/16 — 12/31/17 A. INSURANCE COMPANY: Commerce & Industry Insurance Co. B. AM BEST RATING (A-: VII or greater): A / XV C. ADMITTED Company (Must be California Admitted): ® Yes ❑ No D. WORKERS' COMPENSATION LIMIT: Statutory ® Yes ❑ No E. EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater) $1,000,000 F. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: ® N/A ❑ Yes ❑ No H. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY 12/31/16-12/31/17 CRUM & FORSTER SPECIALTY INS CO. A / XII Non -Admitted — Shared limits under GL ❑ N/A ® Yes ❑ No V POLLUTION LIABILITY 12/31/16-12/31/17 CRUM & FORSTER SPECIALTY INS CO. A / XII Non -Admitted — Shared limits under GL ❑ N/A ® Yes ❑ No V BUILDERS RISK ❑ N/A ❑ Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? ® Yes ❑ No IF NO, WHICH ITEMS NEED TO BE COMPLETED? Approved: , Agent of Alliant Insurance Services Date Broker of record for the City of Newport Beach RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _ Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No Reason for Risk Management approval/exception/waiver: Approved: Risk Management * Subject to the terms of the contract.