request for proposals for professional … for proposals for professional services for ......

22
RFP -- Page 1 REQUEST FOR PROPOSALS FOR PROFESSIONAL SERVICES FOR THE CITY OF CASPER CASPER, WYOMING 82601 The City of Casper, Wyoming is seeking qualification statements and service proposals from consulting groups specializing in NON-METHANE ORGANIC COMPOUND (NMOC) testing and reporting for landfills to address the city of Casper’s Solid Waste Facility TIER II NMOC TESTING, Project No. 14-57. The proposals should be designed to provide the City with a clear understanding of the costs of conducting the research work and analysis to complete the project. The specific nature of the scope of work for the project is outlined in this Request for Proposals (RFP). Consultants responding will be evaluated for consultant selection. Such proposals shall be submitted to the City of Casper Engineering Office, 200 North David Street, Casper, WY 82601 or to [email protected] by 12:00 Noon on April 27, 2015. Please see all attachments attached to this RFP. I. Introduction and Background The city of Casper has a closed Balefill encompassing approximately 107 acres and the city operates a lined landfill encompassing approximately 26 acres. The Casper Solid Waste Facility has received waste since approximately 1965. In 1999 Wyoming Department of Environmental Quality (WDEQ) prepared a Tier I NMOC Mass Emission Rate Estimation Report. In October 2000, October 2005, and October 2010 Tier II Testing as defined in 40 CFR part 60 was performed. In accordance with regulations Tier II testing is required to be performed again in 2015. II. Objectives of the Project The primary purpose of the project is to conduct Tier II testing and reporting at the city of Casper Closed Balefill and the operating Casper Regional Landfill in accordance with requirements of EPA and WDEQ regulations, to determine NMOC emission rates and evaluate the need for a Collection and Control Plan.

Upload: lamdiep

Post on 15-Mar-2018

250 views

Category:

Documents


2 download

TRANSCRIPT

Page 1: REQUEST FOR PROPOSALS FOR PROFESSIONAL … FOR PROPOSALS FOR PROFESSIONAL SERVICES FOR ... Workability: The qualification ... X. Criteria for Selection

RFP -- Page 1

REQUEST FOR PROPOSALS FOR PROFESSIONAL SERVICES FOR THE CITY OF CASPER CASPER, WYOMING 82601 The City of Casper, Wyoming is seeking qualification statements and service proposals from consulting groups specializing in NON-METHANE ORGANIC COMPOUND (NMOC) testing and reporting for landfills to address the city of Casper’s Solid Waste Facility TIER II NMOC TESTING, Project No. 14-57. The proposals should be designed to provide the City with a clear understanding of the costs of conducting the research work and analysis to complete the project. The specific nature of the scope of work for the project is outlined in this Request for Proposals (RFP). Consultants responding will be evaluated for consultant selection. Such proposals shall be submitted to the City of Casper Engineering Office, 200 North David Street, Casper, WY 82601 or to [email protected] by 12:00 Noon on April 27, 2015. Please see all attachments attached to this RFP. I. Introduction and Background The city of Casper has a closed Balefill encompassing approximately 107 acres and the city operates a lined landfill encompassing approximately 26 acres. The Casper Solid Waste Facility has received waste since approximately 1965. In 1999 Wyoming Department of Environmental Quality (WDEQ) prepared a Tier I NMOC Mass Emission Rate Estimation Report. In October 2000, October 2005, and October 2010 Tier II Testing as defined in 40 CFR part 60 was performed. In accordance with regulations Tier II testing is required to be performed again in 2015. II. Objectives of the Project The primary purpose of the project is to conduct Tier II testing and reporting at the city of Casper Closed Balefill and the operating Casper Regional Landfill in accordance with requirements of EPA and WDEQ regulations, to determine NMOC emission rates and evaluate the need for a Collection and Control Plan.

Page 2: REQUEST FOR PROPOSALS FOR PROFESSIONAL … FOR PROPOSALS FOR PROFESSIONAL SERVICES FOR ... Workability: The qualification ... X. Criteria for Selection

RFP -- Page 2

III. Scope of Services Periodic updates regarding the progress of work shall be given to the city staff assigned to oversee the project. 1. Proposals shall include task descriptions (scope of work) and costs for NMOC testing and reporting deemed by the proposer to be necessary to achieve the intent of the project. The proposed scope shall include a minimum of the following tasks:

Preparation of a Sampling and Analysis Protocol and Work Plan for review and approval by Owner and WDEQ.

NOTE: an active gas system is being constructed during the summer and fall of 2015 and work must be coordinated with the construction quality assurance consultant, Solid Waste Professionals of Wyoming.

Work Plan shall propose sampling from existing gas vents at the closed Balefill with NO penetrations to the liner cap of the closed Balefill OR install vents where existing gas vents were removed during the construction of the landfill GCCS.

Monitoring to be performed from gas vents at closed landfill. Sampling and sample analysis. Report preparation.

2. Include with the proposed scope of services the following information:

Listing of applicable regulations and agencies having jurisdiction Time line for performance of the project. Test methods anticipated to be used for the project. Name and location of laboratory proposed for sample analysis.

3. The proposed schedule for the project is as follows:

April 27, 2015 - Receive proposals at City Hall or via email to [email protected].

April 30, 2015 – select consultant. May 19, 2015 - Award Contract May through June 2015 – prepare work plan and perform testing. July 10, 2015 – provide report to City for review. July 27, 2015 – provide report to WDEQ AQD.

IV. Materials/Information to be Provided by the City of Casper

The City of Casper will provide additional information including historical annual waste placement information to the extent it is available.

Page 3: REQUEST FOR PROPOSALS FOR PROFESSIONAL … FOR PROPOSALS FOR PROFESSIONAL SERVICES FOR ... Workability: The qualification ... X. Criteria for Selection

RFP -- Page 3

If requested, the City of Casper will provide information related to the Balefill’s existing groundwater monitoring and assessment program or information related to the extent of groundwater contamination activities performed to date.

V. General Criteria for Evaluating Qualification Statements.

Experience: The experience of the proposed consultants should be documented, including experience in projects similar to the project proposed by the City of Casper. This experience will be examined on the basis of consulting firms that have conducted NMOC testing and methane studies of landfill gas at permitted municipal solid waste landfills or balefills. Consultant shall provide information to the City demonstrating Consultant has conducted NMOC test and methane studies at five or more landfills or balefills. At least four of the landfills or balefills must be outside the State of Wyoming.

Expertise: Specific expertise is desirable in a variety of areas including the following:. Conducting NMOC sampling at municipal solid waste landfills within the State of

Wyoming and/or other States. Conducting methane studies at municipal solid waste landfills specifically activities

identifying the possibility of methane gas transporting volatile organics or other contaminants to groundwater.

Designing and implementing air sampling plans. Permitting landfills with Title V air permits. Professional references shall be provided wherever practicable.

Workability: The qualification statement should provide assurance of the demonstrated ability of the consultant to work with a diverse group of individuals and agencies including citizens, property owners, businesses, and governmental organizations.

Conflicts of Interest: The qualification statement shall specifically address any possible conflicts of interest and the proposer’s position or response as to whether or not such other work or relationship may be deemed a conflict of interest with this planning study.

Special Qualifications: The qualification statement shall identify any specific qualifications that might make the proposer uniquely qualified to provide the requested services. These may include similar work experience related to another community of similar size or a project of similar design.

Professional Staff: The experience of the proposed consultant’s personnel assigned to this project shall be noted. Provide individual biographical resumes for the anticipated project team. Include information in the resumes on specific project experience related to Tier II NMOC testing and methane gas studies at landfills.

Page 4: REQUEST FOR PROPOSALS FOR PROFESSIONAL … FOR PROPOSALS FOR PROFESSIONAL SERVICES FOR ... Workability: The qualification ... X. Criteria for Selection

RFP -- Page 4

VI. Subconsultants

The consultant shall be responsible to retain, and pay for the services of, any subconsultant necessary to complete the work. The City and the consultant shall mutually agree to the use of any subconsultants, which the consultant desires to retain.

VII. Meetings

The consultant shall meet with members of the City staff up to three times during the course of the project or as required to keep all of the parties current on the progress of the study or project. The consultant may also be required to meet with the City Council to discuss the project and/or recommendations.

VIII. Contract

The consultant will be required to sign a contract, in the form attached, with the City relating to the work to be performed. Such contract shall include, but not necessarily be limited to, the following articles: method of compensation, time of performance, subcontracts, duties of the consultant, termination of the contract, ownership of material, changes, EEO, submission of material, and obligations to the City.

(See sample contract attached)

IX. Recommendations

To be considered, the proposal must respond to all requirements in the RFP. Any other information believed to be relevant, but not applicable to the enumerated categories, should be provided as an appendix to the proposal. If publications are provided, the document and page number shall be referenced. The proposal shall be divided into sections as indicated below:

Statement of Project Requirements: Each proposer shall state in sufficient terms its understanding of the project requirements presented in this RFP.

Scope of Work: Each proposer shall describe in narrative form the proposer’s technical plan for accomplishing the work. Please use the Scope of Work tasks provided in this RFP as the point of departure. Additions to, or modifications of the Task descriptions are permissible, but reasons for changes shall be fully allocated to each Task. Include a program evaluation and review technique diagram, time related, showing each task and event.

Personnel and Prior Experience: Each proposal should identify specific executive, professional and technical personnel who will be assigned to the project. The proposal shall indicate the responsibilities each person will have in the project and indicate the

Page 5: REQUEST FOR PROPOSALS FOR PROFESSIONAL … FOR PROPOSALS FOR PROFESSIONAL SERVICES FOR ... Workability: The qualification ... X. Criteria for Selection

RFP -- Page 5

previous related work experience of each individual. Personnel indicated as having appropriate expertise for this project shall be assigned to the project and actively engaged in completion of the tasks. Any changes in assignment of personnel shall be reviewed with the City of Casper to assure consistent technical expertise throughout the term of the project.

The consultant is requested to make specific recommendations to the City of Casper for scope of work tasks necessary to achieve the intent of the project and the proposer’s approach to the project. In addition to providing specific steps to be taken to address the concerns identified, an analysis of the costs and suggested method of payment should be addressed. Cost and Price Analysis: Each proposer is required to outline their approach to negotiating a fee for services. The proposal shall provide an estimate of the total costs involved in completing each phase of the study. The City reserves the right to contract for all or a portion of the project depending on budget constraints. The estimate of the total costs of the proposed work must be sealed in a separate envelope from the proposal.

Sealed Proposals: Each proposal must be submitted to the City of Casper Engineering Office, 200 North David Street, Casper, WY 82601 by 12:00 Noon on April 27, 2015. No additional proposals will be received thereafter. Two (2) copies of each proposal must be submitted or one electronic email version and one hard-copy. The proposal will remain valid for at least thirty (30) days.

X. Criteria for Selection

All proposals received shall be subject to evaluation by a Selection Committee comprised of City staff. The evaluation shall be for the express purpose of selecting the proposal that most clearly meets the RFP requirements. The following areas will be considered in the selection:

1. Understanding the Problem: This refers to the contractor's understanding the City

of Casper's needs, objectives of the RFP, and the nature and scope of work involved.

2. Consultant Qualifications: This includes the ability of the consultant to meet the

needs of the RFP. Particularly, time constraints, cooperation and participation by City staff, elected officials, and special interest groups, and the quality and relevancy of recent studies and projects of similar nature completed by the consultant.

3. Professional Personnel: This refers to the competence of professional personnel

assigned to the project by the consultant. Qualifications of all professional personnel will be measured by education and experience, with particular emphasis on experience and analysis of innovative practices. Individual

Page 6: REQUEST FOR PROPOSALS FOR PROFESSIONAL … FOR PROPOSALS FOR PROFESSIONAL SERVICES FOR ... Workability: The qualification ... X. Criteria for Selection

RFP -- Page 6

biographical resumes with specific project experience related to a study or project similar to the Casper project will be given strong consideration.

4. Soundness of Approach: Emphasis shall be placed on stated techniques for

collecting and analyzing data, sequence and relationship of major program steps, methods for managing the study, rationale for stated methodology assessing economic incentives, and the practicality of implementing the recommendations.

5. Cooperative Process: This refers to the consultant's understanding, expression,

and historical experience involving projects which demonstrate a sensitivity to the need for developing a spirit of cooperation between Owner, Consultant and Regulatory Agencies.

XI. Interviews

City staff will review all proposals and may select the consultant based on proposals alone or may select up to a maximum of three for interviews by the selection committee. One firm will be selected on the basis of compliance with criteria and qualifications. The sealed proposal cost estimates will not be opened until one firm is selected. In the event that a satisfactory fee cannot be negotiated with the selected firm, subsequential attempts will be made to negotiate with the other qualified firms in the order of their ratings. Final selection will be made by the City Council.

XII. Fees

The negotiated fee shall be based on estimated project costs, time, and materials, including hourly rate for technical personnel and reimbursables, with an upset amount. By submission of proposal, the consultant warrants that he/she is aware of the budget for the project and is confident that he/she will be able to complete the project within budget. A Fee Schedule, sealed in a separate envelope, including a man power and budget estimate itemized by task and an hourly fee schedule, shall be provided with the proposal.

XIII. Contract Award

The City of Casper reserves the right to accept, reject, or request changes in proposals. The City will work closely with the selected consultant to develop or refine a detailed scope of work, schedule for completion of tasks and costs associated with completed work included in the contract documents. The City is not liable for any costs incurred by the consultant prior to contract issuance.

XIV. Addenda to the Request for Proposals

In the event that it becomes necessary to revise any part of this RFP, addenda will be provided to all consultants invited to respond.

Page 7: REQUEST FOR PROPOSALS FOR PROFESSIONAL … FOR PROPOSALS FOR PROFESSIONAL SERVICES FOR ... Workability: The qualification ... X. Criteria for Selection

RFP -- Page 7

XV. Late Proposals

Late proposals will not be accepted. It is the responsibility of the consultant to ensure that the proposal arrives prior to the stated deadline.

XVI. Response Material Ownership

The material submitted in response to the RFP becomes the property of the City of Casper and will only be returned to the consultant at the City's option. Responses may be reviewed by any person after the final selection has been made. The City of Casper has the right to use any or all ideas presented in reply to this request. Disqualification of a consultant does not eliminate this right.

XVII. Acceptance of Proposal Content

The contents of the proposal of the successful consultant may become contractual obligations if the City of Casper wishes to execute a contract based on the submitted proposal. Failure of the successful consultant to accept these obligations in a contract may result in cancellation of the award and such consultant may be removed from future solicitations.

XVIII. Reference Checks

The City of Casper reserves the right to contact any reference or any client listed in the documents for information which may be helpful to the City in evaluating the consultant's performance on previous assignments.

Page 8: REQUEST FOR PROPOSALS FOR PROFESSIONAL … FOR PROPOSALS FOR PROFESSIONAL SERVICES FOR ... Workability: The qualification ... X. Criteria for Selection

Please see attached Request for Proposal (rfp) for NMOC sampling and reporting at the Casper Solid 

Waste Facility.  I understand from our WDEQ Air Quality Division compliance officer, Chris Hanify, that 

Casper needs to conduct NMOC sampling at both our closed Balefill and our active operating lined 

landfill, Casper Regional Landfill (CRL).  The city of Casper will be awarding a construction project later 

this month to modify the closed Balefill’s passive gas system to an active GCCS that includes an enclosed 

flare.  The NMOC sampling work plan will need to be coordinated with our CQA consultant, Bill Hensley 

and our City Engineer, Jason Knopp because the sampling must be done so the cap is NOT penetrated. 

 

Please email me by Monday April 13, 2015 if your company plans to submit a proposal for conducting 

the NMOC sampling and reporting for the Casper Solid Waste Facility by the due date of April 27, 2015 

at noon.  Below is a summary of the wastes received at our facility in the past 10 years.  Also, attached 

are documents related to our existing gas vents at the closed Balefill and an example contract. 

 

If you have any questions about the rfp, please don’t hesitate to email the questions to me.  I will 

provide a written email response to all. 

 

Summary of waste received at the Casper Solid Waste Facility: 

 

2004 – 118,226.85 tons accepted at the closed balefill 

2005 – 116,437.19 tons accepted at the closed balefill 

2006 – 129,019.41 tons accepted at the closed balefill 

2007 – 138,341.76 tons accepted at the closed balefill 

2008 – 139,070.02 tons accepted at the Solid Waste Facility (both the closed balefill and the new Casper 

Regional Landfill [CRL]). Waste received at the CRL began October 27, 2008. 

2009 – 109,233.04 tons accepted at the Solid Waste Facility (both the closed balefill and the new Casper 

Regional Landfill [CRL]).  Closed balefill stopped receiving waste in Spring of 2009. 

2010 – 118,272 tons accepted at the CRL 

2011 – 121,938 tons accepted at the CRL 

2012 – 133,646 tons accepted at the CRL 

2013 – 131,146 tons accepted at the CRL 

Page 9: REQUEST FOR PROPOSALS FOR PROFESSIONAL … FOR PROPOSALS FOR PROFESSIONAL SERVICES FOR ... Workability: The qualification ... X. Criteria for Selection

2014 – 145,823 tons accepted at the CRl 

 

Cynthia M. Langston 

Casper Solid Waste Manager 

1886 N. Station Road 

Casper, WY 82601 

307/235‐8397 office 

307/267‐4094 cell 

[email protected] 

Page 10: REQUEST FOR PROPOSALS FOR PROFESSIONAL … FOR PROPOSALS FOR PROFESSIONAL SERVICES FOR ... Workability: The qualification ... X. Criteria for Selection
Page 11: REQUEST FOR PROPOSALS FOR PROFESSIONAL … FOR PROPOSALS FOR PROFESSIONAL SERVICES FOR ... Workability: The qualification ... X. Criteria for Selection
Page 12: REQUEST FOR PROPOSALS FOR PROFESSIONAL … FOR PROPOSALS FOR PROFESSIONAL SERVICES FOR ... Workability: The qualification ... X. Criteria for Selection

Template 7/30/2013 Page 1 of 8

CONTRACT FOR PROFESSIONAL SERVICES

PART I - AGREEMENT This Contract for Professional Services (“Contract”) is entered into on this *** day of ***, 201***, by and between the following parties: 1. The City of Casper, Wyoming, a Wyoming municipal corporation, 200 North David Street, Casper, Wyoming 82601 (“City”). 2. ***(Name/Entity), ***(Address), ***(City), ***(State), ***(Zip) ****(“Contractor”). Throughout this document, the City and the Contractor may be collectively referred to as the “parties.”

RECITALS

A. The City is undertaking ***.

B. The project requires professional services for ***. C. The Contractor represents that it is ready, willing, and able to provide the professional

services to City as required by this Contract. D. The City desires to retain the Contractor for such services.

NOW, THEREFORE, in consideration of the covenants and conditions set forth herein

to be performed, the parties agree as follows: 1. SCOPE OF SERVICES:

The Contractor shall perform the following services in connection with and respecting the project: ***

2. TIME OF PERFORMANCE:

The services of the Contractor shall be undertaken and completed on or before the *** day of ***, 201***.

Page 13: REQUEST FOR PROPOSALS FOR PROFESSIONAL … FOR PROPOSALS FOR PROFESSIONAL SERVICES FOR ... Workability: The qualification ... X. Criteria for Selection

Template 7/30/2013 Page 2 of 8

3. COMPENSATION: In consideration of the performance of services rendered under this Contract, the

Contractor shall be compensated for services performed in accordance with paragraph 1, not to exceed a lump sum of ***Dollars ($***).

4. METHOD OF PAYMENT:

Payment will be made following receipt of an itemized invoice from the Contractor for services rendered in conformance with the Contract, and following approval by the Casper City Council. Contractor shall submit an invoice for payment specifying that it has performed the services rendered under this Contract, in conformance with the Contract, and that it is entitled to receive the amount requested under the terms of the Contract. If amounts owed by the Contractor to the City for any goods, services, licenses, permits or any other items or purpose remain unpaid beyond the City’s general credit policy, those amounts may be deducted from the payment being made by the City to the Contractor pursuant to this Contract.

5. TERMS AND CONDITIONS:

This Contract is subject to and incorporates the provisions attached hereto as PART II -- GENERAL TERMS AND CONDITIONS.

6. EXTENT OF CONTRACT:

This Contract represents the entire and integrated Agreement between the City and the Contractor, and supersedes all prior negotiations, representations, or agreements, either written or oral. The Contract may be amended only by written instrument signed by both the City’s and the Contractor’s authorized representatives.

The City and the Contractor each individually represent that they have the requisite authority to execute this Contract and perform the services described in this Contract.

IN WITNESS WHEREOF, the undersigned duly authorized representatives of the parties have executed this Contract as of the day and year above. APPROVED AS TO FORM: ______________________________

Page 14: REQUEST FOR PROPOSALS FOR PROFESSIONAL … FOR PROPOSALS FOR PROFESSIONAL SERVICES FOR ... Workability: The qualification ... X. Criteria for Selection

Template 7/30/2013 Page 3 of 8

ATTEST ______________________________ V.H. McDonald Clerk

CITY OF CASPER, WYOMING A Municipal Corporation ______________________________ *** Mayor

WITNESS By: ___________________________ Printed Name: __________________ Title: __________________________

CONTRACTOR *** By: ___________________________ Printed Name: _________________ Title: _________________________

Page 15: REQUEST FOR PROPOSALS FOR PROFESSIONAL … FOR PROPOSALS FOR PROFESSIONAL SERVICES FOR ... Workability: The qualification ... X. Criteria for Selection

Template 7/30/2013 Page 4 of 8

CONTRACT FOR PROFESSIONAL SERVICES

PART II - GENERAL TERMS AND CONDITIONS

1. TERMINATION OF CONTRACT:

1.1 The City may terminate this Contract anytime by providing thirty (30) days written notice to Contractor of intent to terminate said Contract. In such event, all finished or unfinished documents, data, studies and reports prepared by the Contractor under this Contract shall, at the option of the City, become its property, and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents.

1.2 Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City, by virtue of termination of the Contract by Contractor, or any breach of the Contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of setoff until such time as the exact amount of damages due the City from the Contractor are determined.

2. CHANGES:

The City may, from time to time, request changes in the scope of the services of the Contract. Such changes, including any increase or decrease in the amount of the Contractor's compensation, which are mutually agreed upon between the City and the Contractor, shall be incorporated in written amendments to this Contract. There shall be no increase in the amount of Contractor's compensation unless approved by Resolution adopted by City.

3. ASSIGNABILITY:

The Contractor shall not assign any interest in this Contract, and shall not transfer any interest in the same (whether by assignment or novation) without the prior written approval of the City: provided, however, that claims for money due or to become due the Contractor from the City under this Contract may be assigned to a bank, trust company, or other financial institution, or to a trustee in bankruptcy, without such approval. Notice of any assignment or transfer shall be furnished to the City within five (5) business days of any assignment or transfer.

4. AUDIT:

The City or any of its duly authorized representatives shall have access to any books, documents, papers, and records of the Contractor which are directly pertinent to the Contract for the purpose of making audit, examination, excerpts, and transactions.

Page 16: REQUEST FOR PROPOSALS FOR PROFESSIONAL … FOR PROPOSALS FOR PROFESSIONAL SERVICES FOR ... Workability: The qualification ... X. Criteria for Selection

Template 7/30/2013 Page 5 of 8

5. EQUAL EMPLOYMENT OPPORTUNITY:

In carrying out the program, the Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, or disability. The Contractor shall take affirmative action to insure that applicants for employment are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, national origin, or disability. Such action shall include, but not be limited to, the following: employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor shall post in conspicuous places, available to employees and applicants for employment, notices required by the government setting forth the provisions of this nondiscrimination clause. The Contractor shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, or disability.

6. OWNER OF PROJECT MATERIALS:

All finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, films, duplicating plates, and reports prepared by the Contractor under this Contract shall be considered the property of the City, and upon completion of the services to be performed, they will be turned over to the City provided that, in any case, the Contractor may, at no additional expense to the City, make and retain such additional copies thereof as Contractor desires for its own use; and provided further, that in no event may any of the documents, data, studies, surveys, drawings, maps, models, photographs, films, duplicating plates, or other reports retained by the Contractor be released to any person, agency, corporation, or organization without the written consent of the City.

7. FINDINGS CONFIDENTIAL:

All reports, information, data, etc., given to or prepared, or assembled by the Contractor under this Contract are confidential and shall not be made available to any individual or organization by the Contractor without the prior written consent of the City.

8. GOVERNING LAW:

This Contract shall be governed by the laws of the State of Wyoming. The Contractor shall also comply with all applicable laws, ordinances, and codes of the local, state, or federal governments and shall not trespass on any public or private property in performing any of the work embraced by this Contract.

Page 17: REQUEST FOR PROPOSALS FOR PROFESSIONAL … FOR PROPOSALS FOR PROFESSIONAL SERVICES FOR ... Workability: The qualification ... X. Criteria for Selection

Template 7/30/2013 Page 6 of 8

9. PERSONNEL:

The Contractor represents that it has, or will secure, all personnel required in performing the services under this Contract. Such personnel shall not be employees of the City. All of the services required shall be performed by the Contractor, or under its supervision, and all personnel engaged in the work shall be fully qualified. All personnel employed by Contractor shall be employed in conformity with applicable local, state or federal laws.

10. SUBCONTRACTOR:

The Contractor shall not employ any subcontractor to perform any services in the scope of this project, unless the subcontractor is approved in writing by the City. Any approved subcontractor shall be paid by the Contractor.

11. INSURANCE AND INDEMNIFICATION:

11.1 Prior to commencement of work, Contractor shall procure and at all times maintain with insurer acceptable to the City the following minimum insurance protecting the Contractor and City against liability from damages because of injuries, including death, suffered by persons, including employees of the City, and liability from damages to property arising from and growing out of the Contractor's negligent operations in connection with the performance of this Contract.

LIMITS

A. Workers’ Compensation Statutory

B. Comprehensive General Liability $500,000 combined single unit

C. Professional Liability/Errors & Omissions $***

11.2 Contractor shall provide City with certificates evidencing such insurance as outlined above prior to beginning any work under this Contract. Such certificates shall provide thirty (30) days advance written notice to City of cancellation or non-renewal, and except for Workers’ Compensation and professional liability insurance, shall list the City as an additional insured. 11.3 In addition, upon request by the City, Contractor shall provide City with copies of insurance policies and/or policy endorsements listing the City as an additional insured. City’s failure to request or review such insurance certificates or policies shall not affect City’s rights or Contractor’s obligations hereunder.

Page 18: REQUEST FOR PROPOSALS FOR PROFESSIONAL … FOR PROPOSALS FOR PROFESSIONAL SERVICES FOR ... Workability: The qualification ... X. Criteria for Selection

Template 7/30/2013 Page 7 of 8

11.4 Contractor agrees to indemnify the City, its employees, officers, council members, officials, agents, and members of its boards or commissions, and hold them harmless from all liability for damage to property, or injury to or death to persons, including all costs, expenses, and attorney’s fees incurred related thereto, arising from the negligence of the Contractor. 11.5 It is recognized by and between the parties to this Contract that the insurance requirements contained herein are the maximum liabilities which may be imposed under Wyoming Statutes 1-39-101 et seq. In the event the maximum liability allowed by law is altered, either during the term of this Contract, or any subsequent terms, then such insurance as outlined above from Contractor shall be amended accordingly so as to provide insurance in an amount equal to or greater than the maximum liability imposed by law. The parties agree that failure to provide proof of insurance as outlined above, or any lapse in that coverage, will result in the City having the option to immediately terminate this Contract. 11.6 The Contractor shall procure and maintain, at its own cost, any additional kinds and amounts of insurance which, in its own judgment, may be necessary for its proper protection.

12. INTENT:

Contractor represents that it has read and agrees to the terms of this Contract and further agrees that it is the intent of the parties that Contractor shall perform all of the services for the compensation set forth in this Contract. Contractor also agrees that it is the specific intent of the parties, and a material condition of this Contract, that it shall not be entitled to compensation for other services rendered unless specifically authorized by the City by Resolution of its governing body. Contractor agrees that it has carefully examined the Scope of Services, and that the compensation is adequate for performance of this Contract.

13. WYOMING GOVERNMENTAL CLAIMS ACT:

The City does not waive any right or rights it may have pursuant to the Wyoming Governmental Claims Act, Wyoming Statutes Section 1-39-101 et seq., and the City specifically reserves the right to assert any and all rights, immunities, and defenses it may have pursuant to the Wyoming Governmental Claims Act.

14. NO THIRD PARTY BENEFICIARY RIGHTS:

The parties to this Contract do not intend to create in any other individual or entity the status of third-party beneficiary, and this Contract shall not be construed so as to create such status. The rights, duties and obligations contained in this Contract shall operate only between the parties to this Contract, and shall inure solely to the benefit of the parties to this Contract. The parties to this Contract intend and expressly agree that only

Page 19: REQUEST FOR PROPOSALS FOR PROFESSIONAL … FOR PROPOSALS FOR PROFESSIONAL SERVICES FOR ... Workability: The qualification ... X. Criteria for Selection

Template 7/30/2013 Page 8 of 8

parties signatory to this Contract shall have any legal or equitable right to seek to enforce this Contract, to seek any remedy arising out of a party’s performance or failure to perform any term or condition of this Contract, or to bring an action for the breach of this Contract.

Page 20: REQUEST FOR PROPOSALS FOR PROFESSIONAL … FOR PROPOSALS FOR PROFESSIONAL SERVICES FOR ... Workability: The qualification ... X. Criteria for Selection

NGVD 29

(caved to 73.5 ft)

M-26

5231.27

Hole was dry - not developed.

Stabilization Test Data

Total Depth:

Well Development

1530

Date

10/7 1440Filter Placement

Bentonite10/710/7 1510

Soil Backfill

FinishStart

10/7 735 10/7 1200Time Time

NA

10/7 153010/7 1540

073-81668

Drilling

Drilling Summary

Casing

Top of Casing

Construction Time Log

Task Date

and bucket auger

5246.27

1440

ft

M-26ASurvey Coordinates:

Project Number:

10/7 1425

Borehole Diameter:ft

10/710/7

1510

Well Design and Specifications

Bits(s): 24-inch diameter solid stem auger

Driller:

Protective Casing: None

5168.3672.75

in

Soilmec SR-30

LMS DrillingCasing Stickup Height: 4.83

-4.83

-

-

10.17 72.75

73.08 -5168.69

5231.27

10.17

Depth (ft) Elevation (ft)

5246.27

MONITORING WELL CONSTRUCTION SUMMARY

5241.44 ft

Site Location: Casper Balefill Well No.

Elevation Ground Level

Boring No. X-Ref:+4.83

5233.54

81

Geologic Log

-

---

10.17

Depth to water initial:

7.90

- 5168.69

-

S1

5234.74

5241.44

5231.27-Elevation

Drilling Fluid: None

24ft

0.00

6.70

String(s)Depth-

Casing String(s): C = Casing, S = Screen

Rig:

Basis:

C1 5236.61

WY SP NAD83

E:N:

1590762.461195598.26

C2

-

Golder Associates

Supervised by: Ed Pottorff Date: 10/7/08

hydrated w/ ~15 gal. potable water (6.7-7.9 ft)Wyoming sodium bentonite chips (Holeplug)

3/8-inch coarse gradeBentonite Seal:

seal to ground surface (0.0-6.7 ft)

NA gal/minNA ft

Q=S=

NA NANATime pH

NA

Stabilization Test Data

Spec. Cond. Temp (˚C)Casing: C1

filled with fine grained soil above bentoniteNone. Annular space back-Grout Seal:

1-inch clean, washed

(7.9-70.5 ft)

HDPE pipe

Filter Pack:

Schedule 40 PVC slip-on

4-inch diameter SDR-17

drilled on 6-inch centers

Screen:w/ 4 rows of 1/2-in dia. holes4-inch dia. SDR-17 HDPEend cap

C2

Comments NA = not applicable.

S1

subrounded to subangular gravel

Recovery Data

NOT TO SCALE

5168.36

72.75 5168.69

73.08

73.50 5167.940

20

00:00 10:00 20:00 30:00 40:00

% R

ecov

ery

Time (min:sec)

Golder Associates

Page 21: REQUEST FOR PROPOSALS FOR PROFESSIONAL … FOR PROPOSALS FOR PROFESSIONAL SERVICES FOR ... Workability: The qualification ... X. Criteria for Selection

M-27

Hole was dry - not developed.

Stabilization Test Data

Well Development

10/8 1437Filter Placement

Bentonite10/9 93510/9 918

Soil Backfill

FinishStart

10/8 735 10/8 1205Date Time

NA

10/9 93510/9 945

Drilling

Drilling Summary

Casing

Top of Casing

Construction Time Log

Task Date Time

5209.57

1437

ft

M-27Survey Coordinates:

Project Number:

10/8 1430

Borehole Diameter:

073-81668

10/910/8

918

Well Design and Specifications

Bits(s): 24-inch diameter solid stem auger

Driller:

Protective Casing: None

and bucket auger

in

Soilmec SR-30

LMS DrillingCasing Stickup Height: 4.83 ft

69.04

+4.83

-- 5135.36

10.08 69.04

69.38 -5135.70

5194.66

10.08

Depth (ft) Elevation (ft)

5209.57

MONITORING WELL CONSTRUCTION SUMMARY

5204.74 ft

Site Location: Casper Balefill Well No.

Elevation Ground Level

Boring No. X-Ref:+4.83

5196.74

79

Geologic Log

-

---

10.08

Depth to water initial:

8.00

- 5135.70

-

S1

5204.74

5194.66-Elevation

Drilling Fluid: None

24ft

5194.66

Casing String(s): C = Casing, S = Screen

Rig:

Basis:

C1 5199.91

5197.74 Total Depth: (caved to 69.6 ft)

C2

-

0.00

7.00

String(s)Depth-

NGVD 29WY SP NAD83

E:N:

1591657.921194946.82

Golder Associates

Supervised by: Ed Pottorff Date: 10/8/08

hydrated w/ ~15 gal. potable water (7.0-8.0 ft)Wyoming sodium bentonite chips (Holeplug)

3/8-inch coarse gradeBentonite Seal:

seal to ground surface (0.0-7.0 ft)

NA gal/minNA ft

Q=S=

NA NANATime pH

NA

Stabilization Test Data

Spec. Cond. Temp (˚C)4-inch diameter SDR-17Casing: C1HDPE pipe

Filter Pack:

drilled on 6-inch centers

Screen:

Schedule 40 PVC slip-on

w/ 4 rows of 1/2-in dia. holes4-inch dia. SDR-17 HDPEend cap

C2

filled with fine grained soil above bentoniteNone. Annular space back-Grout Seal:

1-inch clean, washed

(8.0-69.6 ft)

Comments NA = not applicable.

S1

subrounded to subangular gravel

Recovery Data

NOT TO SCALE

5135.36

69.04 5135.70

69.38

69.60 5135.140

20

00:00 10:00 20:00 30:00 40:00

% R

ecov

ery

Time (min:sec)

Golder Associates

Page 22: REQUEST FOR PROPOSALS FOR PROFESSIONAL … FOR PROPOSALS FOR PROFESSIONAL SERVICES FOR ... Workability: The qualification ... X. Criteria for Selection