13017-CONTRACT - EAGLE PARK LLC.DOC
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SERIAL 13017-ITN AIR QUALITY PROJECT IN THE QUEEN CREEK AREA (PHASE 1) DATE OF LAST REVISION: April 06, 2016 CONTRACT END DATE: June 25, 2017 CONTRACT PERIOD THROUGH JUNE 30, 2015 25, 2016 2017 TO: All Departments FROM: Office of Procurement Services SUBJECT: Contract for AIR QUALITY PROJECT IN THE QUEEN CREEK AREA (PHASE 1) Attached to this letter is published an effective purchasing contract for products and/or services to be supplied to Maricopa County activities as awarded by Maricopa County on June 25, 2014 (Eff. 07/01/14). All purchases of products and/or services listed on the attached pages of this letter are to be obtained from the vendor holding the contract. Individuals are responsible to the vendor for purchases made outside of contracts. The contract period is indicated above. SD/mm Attach Copy to: Office of Procurement Services Joy Rich, Deputy County Manager Phil McNeely, Air Quality Department Michael Fulton, Air Quality Department David Bruce, Air Quality Department SERIAL 13017-ITN CONTRACT PURSUANT TO ITN SERIAL 13017-ITN This Contract is entered into this 25th Day of June, 2014 by and between Maricopa County (“County”), a political subdivision of the State of Arizona, and Eagle Park LLC. an Arizona corporation (“Contractor”) for the development of a park on the Queen Creek Landfill. 1.0 CONTRACT TERM: 1.1 This Contract is for a term of one (1) years, beginning on the 1ST day of July 2014 and ending the 30th 25th day of June, 2015 2016 2017. 1.2 The County may, at its option and with the agreement of the Contractor, renew the term of this Contract for additional terms up to a maximum of TWO (2) years, (or at the County’s sole discretion, extend the contract on a month-to-month bases for a maximum of six (6) months after expiration). The County shall notify the Contractor in writing of its intent to extend the Contract term at least thirty (30) calendar days prior to the expiration of the original contract term, or any additional term thereafter. 2.0 PAYMENTS: 2.1 As consideration for performance of the duties described herein, County shall pay Contractor the sum(s) stated in Exhibit “A.”. 2.2 Payment shall be made upon the County’s receipt of a properly completed invoice based on the milestones and deliverables established in Exhibit B. 2.3 INVOICES: 2.3.1 The Contractor shall submit one (1) legible copies of their detailed invoice before payment(s) can be made. At a minimum, the invoice must provide the following information: Company name, address and contact County bill-to name and contact information Contract serial number County purchase order number Invoice number and date Payment terms Date of services Quantity Contract Item number(s) Description of service provided Pricing per unit of service Extended price Total Amount Due SERIAL 13017-ITN 2.3.2 Problems regarding billing or invoicing shall be directed to the County as listed on the Purchase Order. 2.3.3 Payment shall be made to the Contractor by Accounts Payable through the Maricopa County Vendor Express Payment Program. This is an Electronic Funds Transfer (E7FT) process. After Contract Award the Contractor shall complete the Vendor Registration Form located on the County Department of Finance Vendor Registration Web Site (www.maricopa.gov/finance/vendors). 2.3.4 EFT payments to the routing and account numbers designated by the Contractor will include the details on the specific invoices that the payment covers. The Contractor is required to discuss remittance delivery capabilities with their designated financial institution for access to those details. 3.0 AVAILABILITY OF FUNDS: 3.1 The provisions of this Contract relating to payment for services shall become effective when funds assigned for the purpose of compensating the Contractor as herein provided are actually available to County for disbursement. The County shall be the sole judge and authority in determining the availability of funds under this Contract. County shall keep the Contractor fully informed as to the availability of funds. 3.2 If any action is taken by any state agency, Federal department or any other agency or instrumentality to suspend, decrease, or terminate its fiscal obligations under, or in connection with, this Contract, County may amend, suspend, decrease, or terminate its obligations under, or in connection with, this Contract. In the event of termination, County shall be liable for payment only for services rendered prior to the effective date of the termination, provided that such services are performed in accordance with the provisions of this Contract. County shall give written notice of the effective date of any suspension, amendment, or termination under this Section, at least ten (10) days in advance. 4.0 DUTIES: 4.1 The Contractor shall perform all duties stated in Exhibit “A”, or as otherwise directed in writing by the County. 5.0 TERMS and CONDITIONS: 5.1 INDEMNIFICATION: 5.1.1 To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold harmless County, its agents, representatives, officers, directors, officials, and employees from and against all claims, damages, losses and expenses, including, but not limited to, attorney fees, court costs, expert witness fees, and the cost of appellate proceedings, relating to, arising out of, or alleged to have resulted from the negligent acts, errors, omissions, mistakes or malfeasance relating to the performance of this Contract. Contractor’s duty to defend, indemnify and hold harmless County, its agents, representatives, officers, directors, officials, and employees shall arise in connection with any claim, damage, loss or expense that is caused by any negligent acts, errors, omissions or mistakes in the performance of this Contract by the Contractor, as well as any person or entity for whose acts, errors, omissions, mistakes or malfeasance Contractor may be legally liable. 5.1.2 The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of the indemnity in this paragraph. 5.1.3 The scope of this indemnification does not extend to the sole negligence of County. SERIAL 13017-ITN 5.2 INSURANCE: 5.2.1 Contractor, at Contractor’s own expense, shall purchase and maintain the herein stipulated minimum insurance from a company or companies duly licensed by the State of Arizona and possessing a current A.M. Best, Inc. rating of A+. In lieu of State of Arizona licensing, the stipulated insurance may be purchased from a company or companies, which are authorized to do business in the State of Arizona, provided that said insurance companies meet the approval of County. The form of any insurance policies and forms must be acceptable to County. 5.2.2 All insurance required herein shall be maintained in full force and effect until all work or service required to be performed under the terms of the Contract is satisfactorily completed and formally accepted. Failure to do so may, at the sole discretion of County, constitute a material breach of this Contract. 5.2.3 Contractor’s insurance shall be primary insurance as respects County, and any insurance or self-insurance maintained by County shall not contribute to it. 5.2.4 Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect the County’s right to coverage afforded under the insurance policies. 5.2.5 The insurance policies may provide coverage that contains deductibles or self-insured retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to County under such policies. Contractor shall be solely responsible for the deductible and/or self-insured retention and County, at its option, may require Contractor to secure payment of such deductibles or self-insured retentions by a surety bond or an irrevocable and unconditional letter of credit. 5.2.6 County reserves the right to request and to receive, within 10 working days, certified copies of any or all of the herein required insurance certificates. County shall not be obligated to review policies and/or endorsements or to advise Contractor of any deficiencies in such policies and endorsements, and such receipt shall not relieve Contractor from, or be deemed a waiver of County’s right to insist on strict fulfillment of Contractor’s obligations under this Contract. 5.2.7 The insurance policies required by this Contract, except Workers’ Compensation, and Errors and Omissions, shall name County, its agents, representatives, officers, directors, officials and employees as Additional Insured’s. 5.2.8 The policies required hereunder, except Workers’ Compensation, and Errors and Omissions, shall contain a waiver of transfer of rights of recovery (subrogation) against County, its agents, representatives, officers, directors, officials and employees for any claims arising out of Contractor’s work or service. 5.2.9 Commercial General Liability: Commercial General Liability insurance and, if necessary, Commercial Umbrella insurance with a limit of not less than $2,000,000 for each occurrence, $2,000,000 Products/Completed Operations Aggregate, and $4,000,000 General Aggregate Limit. The policy shall include coverage for bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage, and shall not contain any provision which would serve to limit third party action over claims. There shall be no endorsement or modification of the CGL limiting the scope of coverage for liability arising from explosion, collapse, or underground property damage. Contractors that are contracted for the purpose of training: insurance with a limit of not less than $1,000,000 for each occurrence, $2,000,000 Products/Completed Operations Aggregate, and $2,000,000 General Aggregate Limit. SERIAL 13017-ITN 5.2.10 Automobile Liability: Commercial/Business Automobile Liability insurance and, if necessary, Commercial Umbrella insurance with a combined single limit for bodily injury and property damage of not less than $2,000,000 each occurrence with respect to any of the Contractor’s owned, hired, and non-owned vehicles assigned to or used in performance of the Contractor’s work or services under this Contract. Contractors that are contracted for the purpose of training: Commercial/Business Automobile Liability insurance and, if necessary, Commercial Umbrella insurance with a combined single limit for bodily injury and property damage of not less than $1,000,000 each occurrence with respect to any of the Contractor’s owned, hired, and non-owned vehicles assigned to or used in performance of the Contractor’s work or services under this Contract. 5.2.11 Workers’ Compensation: 5.2.11.1 Workers’ Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Contractor’s employees engaged in the performance of the work or services under this Contract; and Employer’s Liability insurance of not less than $1,000,000 for each accident, $1,000,000 disease for each employee, and $1,000,000 disease policy limit. 5.2.11.2 Contractor waives all rights against County and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the Workers’ Compensation and Employer’s Liability or commercial umbrella liability insurance obtained by Contractor pursuant to this Contract. 5.2.12 Errors and Omissions Insurance/Professional Liability: Errors and Omissions/Professional Liability insurance and, if necessary, Commercial Umbrella insurance, which will insure and provide coverage for errors or omissions of the Contractor, with limits of no less than $1,000,000 for each claim. 5.2.13 Certificates of Insurance. 5.2.13.1 Prior to commencing work or services under this Contract, Contractor shall furnish the County with valid and complete certificates of insurance, or formal endorsements as required by the Contract in the form provided by the County, issued by Contractor’s insurer(s), as evidence that policies providing the required coverage, conditions and limits required by this Contract are in full force and effect. Such certificates shall identify this contract number and title. 5.2.13.2 In the event any insurance policy (ies) required by this contract is (are) written on a “claims made” basis, coverage shall extend for two years past completion and acceptance of Contractor’s work or services and as evidenced by annual Certificates of Insurance. 5.2.13.3 If a policy does expire during the life of the Contract, a renewal certificate must be sent to County fifteen (15) days prior to the expiration date. 5.2.14 Cancellation and Expiration Notice. Insurance required herein shall not be permitted to expire, be canceled, or materially changed without thirty (30) days prior written notice to the County. SERIAL 13017-ITN 5.3 NOTICES: All notices given pursuant to the terms of this Contract shall be addressed to: For County: Maricopa County Office of Procurement Services Attn: Chief Procurement Officer 320 West Lincoln Street Phoenix, Arizona 85003-2494 For Contractor: Lonnie McCleve, Member EAGLE PARK LLC. 20525 East Chandler Heights Queen Creek, AZ. 85142 5.4 TERMINATION FOR CONVENIENCE: The County reserves the right to terminate the Contract, in whole or in part at any time, when in the best interests of the County without penalty or recourse. Upon receipt of the written notice, the Contractor shall immediately stop all work, as directed in the notice, notify all subcontractors of the effective date of the termination and minimize all further costs to the County. In the event of termination under this paragraph, all documents, data and reports prepared by the Contractor under the Contract shall become the property of and be delivered to the County upon demand. The Contractor shall be entitled to receive just and equitable compensation for work in progress, work completed and materials accepted before the effective date of the termination. 5.5 TERMINATION FOR DEFAULT: 5.5.1 In addition to the rights reserved in the Contract, the County may terminate the Contract in whole or in part due to the failure of the Contractor to comply with any term or condition of the Contract, to acquire and maintain all required insurance policies, bonds, licenses and permits, or to make satisfactory progress in performing the Contract. The Procurement Officer shall provide written notice of the termination and the reasons for it to the Contractor. 5.5.2 Upon termination under this paragraph, all goods, materials, documents, data and reports prepared by the Contractor under the Contract shall become the property of and be delivered to the County on demand. 5.5.3 The County may, upon termination of this Contract, procure, on terms and in the manner that it deems appropriate, materials or services to replace those under this Contract. The Contractor shall be liable to the County for any excess costs incurred by the County in procuring materials or services in substitution for those due from the Contractor. 6.2.1 The Contractor shall continue to perform, in accordance with the requirements of the Contract, up to the date of termination, as directed in the termination notice. 5.6 STATUTORY RIGHT OF CANCELLATION FOR CONFLICT OF INTEREST: Notice is given that pursuant to A.R.S. §38-511 the County may cancel this Contract without penalty or further obligation within three years after execution of the contract, if any person significantly involved in initiating, negotiating, securing, drafting or creating the contract on behalf of the County is at any time while the Contract or any extension of the Contract is in effect, an employee or agent of any other party to the Contract in any capacity or consultant to any other party of the Contract with respect to the subject matter of the Contract. Additionally, pursuant to A.R.S §38-511 the County may recoup any fee or commission paid or due to any person SERIAL 13017-ITN significantly involved in initiating, negotiating, securing, drafting or creating the contract on behalf of the County from any other party to the contract arising as the result of the Contract. 5.7 OFFSET FOR DAMAGES; In addition to all other remedies at law or equity, the County may offset from any money due to the Contractor any amounts Contractor owes to the County for damages resulting from breach or deficiencies in performance under this contract. 5.8 ADDITIONS/DELETIONS OF SERVICE: 5.8.1 The County reserves the right to add and/or delete materials to a Contract. If a service requirement is deleted, payment to the Contractor will be reduced proportionately, to the amount of service reduced in accordance with the bid price. If additional materials are required from a Contract, prices for such additions will be negotiated between the Contractor and the County. 5.9 RELATIONSHIPS: In the performance of the services described herein, the Contractor shall act solely as an independent contractor, and nothing herein or implied herein shall at any time be construed as to create the relationship of employer and employee, partnership, principal and agent, or joint venture between the County and the Contractor. 5.10 SUBCONTRACTING: The Contractor may not assign this Contract or subcontract to another party for performance of the terms and conditions hereof without the written consent of the County, which shall not be unreasonably withheld. All correspondence authorizing subcontracting must reference the Proposal Serial Number and identify the job project. 5.11 AMENDMENTS: All amendments to this Contract shall be in writing and approved/signed by both parties. Maricopa County Office of Procurement Services shall be responsible for approving all amendments for Maricopa County. 5.12 ACCESS TO AND RETENTION OF RECORDS FOR THE PURPOSE OF AUDIT AND/OR OTHER REVIEW: 5.12.1 In accordance with section MCI 367 of the Maricopa County Procurement Code the Contractor agrees to retain all books, records, accounts, statements, reports, files, and other records and back-up documentation relevant to this Contract for six (6) years after final payment or until after the resolution of any audit questions which could be more than six (6) years, whichever is latest. The County, Federal or State auditors and any other persons duly authorized by the Department shall have full access to, and the right to examine, copy and make use of, any and all said materials. 5.12.2 If the Contractor’s books, records , accounts, statements, reports, files, and other records and back-up documentation relevant to this Contract are not sufficient to support and document that requested services were provided, the Contractor shall reimburse Maricopa County for the services not so adequately supported and documented. 5.13 AUDIT DISALLOWANCES: If at any time, County determines that a cost for which payment has been made is a disallowed cost, such as overpayment, County shall notify the Contractor in writing of the disallowance. County shall also state the means of correction, which may be but shall not be limited to SERIAL 13017-ITN adjustment of any future claim submitted by the Contractor by the amount of the disallowance, or to require repayment of the disallowed amount by the Contractor. 5.14 SEVERABILITY: The invalidity, in whole or in part, of any provision of this Contract shall not void or affect the validity of any other provision of this Contract. 5.15 RIGHTS IN DATA: The County shall own have the use of all data and reports resulting from this Contract without additional cost or other restriction except as provided by law. Each party shall supply to the other party, upon request, any available information that is relevant to this Contract and to the performance hereunder. 5.16 INTEGRATION: This Contract represents the entire and integrated agreement between the parties and supersedes all prior negotiations, proposals, communications, understandings, representations, or agreements, whether oral or written, express or implied. 5.17 VERIFICATION REGARDING COMPLIANCE WITH ARIZONA REVISED STATUTES §41- 4401 AND FEDERAL IMMIGRATION LAWS AND REGULATIONS: 5.17.1 By entering into the Contract, the Contractor warrants compliance with the Immigration and Nationality Act (INA using e-verify) and all other federal immigration laws and regulations related to the immigration status of its employees and A.R.S. §23-214(A). The contractor shall obtain statements from its subcontractors certifying compliance and shall furnish the statements to the Procurement Officer upon request. These warranties shall remain in effect through the term of the Contract. The Contractor and its subcontractors shall also maintain Employment Eligibility Verification forms (I-9) as required by the Immigration Reform and Control Act of 1986, as amended from time to time, for all employees performing work under the Contract and verify employee compliance using the E-verify system and shall keep a record of the verification for the duration of the employee’s employment or at least three years, whichever is longer. I-9 forms are available for download at USCIS.GOV. 5.17.2 The County retains the legal right to inspect contractor and subcontractor employee documents performing work under this Contract to verify compliance with paragraph 6.19.1 of this Section. Contractor and subcontractor shall be given reasonable notice of the County’s intent to inspect and shall make the documents available at the time and date specified. Should the County suspect or find that the Contractor or any of its subcontractors are not in compliance, the County will consider this a material breach of the contract and may pursue any and all remedies allowed by law, including, but not limited to: suspension of work, termination of the Contract for default, and suspension and/or debarment of the Contractor. All costs necessary to verify compliance are the responsibility of the Contractor. 5.18 CONTRACTOR LICENSE REQUIREMENT: 5.18.1 The Respondent shall procure all permits, insurance, licenses and pay the charges and fees necessary and incidental to the lawful conduct of his/her business, and as necessary complete any required certification requirements, required by any and all governmental or non-governmental entities as mandated to maintain compliance with and in good standing for all permits and/or licenses. The Respondent shall keep fully informed of existing and future trade or industry requirements, Federal, State and Local laws, ordinances, and regulations which in any manner affect the fulfillment of a Contract and shall comply with the same. Contractor shall immediately notify both Office of SERIAL 13017-ITN Procurement Services and the using agency of any and all changes concerning permits, insurance or licenses. 5.19 CERTIFICATION REGARDING DEBARMENT AND SUSPENSION 5.19.1 The undersigned (authorized official signing for the Contractor) certifies to the best of his or her knowledge and belief, that the Contractor, defined as the primary participant in accordance with 45 CFR Part 76, and its principals: 5.19.1.1 are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal Department or agency; 5.19.1.2 have not within 3-year period preceding this Contract been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 5.19.1.3 are not presently indicted or otherwise criminally or civilly charged by a government entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (2) of this certification; and 5.19.1.4 have not within a 3-year period preceding this Contract had one or more public transaction (Federal, State or local) terminated for cause of default. 5.19.2 Should the Contractor not be able to provide this certification, an explanation as to why should be attached to the Contact. 5.19.3 The Contractor agrees to include, without modification, this clause in all lower tier covered transactions (i.e. transactions with subcontractors) and in all solicitations for lower tier covered transactions related to this Contract. 5.20 PRICES: Contractor warrants that prices extended to County under this Contract are no higher than those paid by any other customer for these or similar services. 5.21 GOVERNING LAW: This Contract shall be governed by the laws of the state of Arizona. Venue for any actions or lawsuits involving this Contract will be in Maricopa County Superior Court or in the United States District Court for the District of Arizona, sitting in Phoenix, Arizona 5.22 ORDER OF PRECEDENCE: In the event of a conflict in the provisions of this Contract and Contractor’s license agreement, if applicable, the terms of this Contract shall prevail. 5.23 INFLUENCE As prescribed in MC1-1202 of the Maricopa County Procurement Code, any effort to influence an employee or agent to breach the Maricopa County Ethical Code of Conduct or any ethical conduct, may be grounds for Disbarment or Suspension under MC1-902. An attempt to influence includes, but is not limited to: SERIAL 13017-ITN 5.23.1 A Person offering or providing a gratuity, gift, tip, present, donation, money, entertainment or educational passes or tickets, or any type valuable contribution or subsidy, 5.23.2 That is offered or given with the intent to influence a decision, obtain a contract, garner favorable treatment, or gain favorable consideration of any kind. If a Person attempts to influence any employee or agent of Maricopa County, the Chief Procurement Officer, or his designee, reserves the right to seek any remedy provided by the Maricopa County Procurement Code, any remedy in equity or in the law, or any remedy provided by this contract. 5.24 INCORPORATION OF DOCUMENTS: The following are to be attached to and made part of this Contract: 5.24.1 Exhibit A, Pricing and Scope of Work; SERIAL 13017-ITN SERIAL 13017-ITN SERIAL 13017-ITN EXHIBIT A PRICING AND SCOPE OF WORK 1.0 Background Queen Creek Landfill is a municipal solid waste landfill that had been in operation since 1971 and continued until May 31, 2007. The landfill operation started in filling pits that were excavated by removing soils that were used for maintenance of roadways. The Maricopa County Transportation Department excavated pits of less than 15 feet wide and 200 to 300 feet long and approximately 20 feet deep. These pits were filled with non-hazardous liquid waste and took approximately four to six years where the pit remained open and was allowed to dry. Once the pits were dried, the excavation continued deeper and the newly excavated pits were filled with municipal solid wastes. New pits in other areas were excavated and the same operations were repeated until 1991. The County tested the soils at the bottom of the pit that received liquid wastes and continued waste disposal operation in the pits once it was determined that the soil and environment was not adversely affected by the liquid wastes. The solid waste was placed in the pits and the pits were extended in this manner to create a trench method of operation. The trench method was continued until 1991 at which time, the operation of the landfill continued in compliance with regulatory requirements. In 1994, The County reached an agreement with the Town of Queen Creek and the landfill design was changed to include a liner system. An area consisting of seven acres of land located within the southeastern portion of the landfill was designed and permitted to have a single composite liner system coupled with leachate collection and delivery method. An additional 25 acres of lined cell, was added at the northeastern portion. These lined cells received a single composite liner system consisting of a prepared subgrade, geosynthetic clay liner, a 60-mil thick high density polyethylene liner, leachate collection system, and two feet thick operations layer. The leachate collection and transfer system consisted of a geo-composite, a gravel filled leachate sump, and leachate transfer pipes. Major landfill operation ceased in May 2007 and placement of intermediate cover system was placed in July 2007. Landfill activities including grading and maintenance work continued until the summer of 2010. The design of the final cover system was approved in 2008 and the contractor was hired in August of 2010 to place the final cover system. In November, the placement of the final cover system was completed including the drainage system and retention basins. 1.1 Site Description The Queen Creek Landfill occupies approximately 87 acres within the southwestern Quarter of Section 28, Township 2 South, Range 7 East of the Gila and Salt River Base and Meridian. The site is located approximately one (1) mile south of the Town of Queen Creek at the northeastern corner of Hawes Road and Riggs Road. The site surface is relatively flat except for the mounds created by disposal of wastes. The pre-construction site grade sloped to the west and southwest towards the nearby Sonoqui Wash and the elevation differential of the site was approximately 15 feet. The highest pre-construction grading was observed at the eastern and northeastern point while the lowest elevation appeared on the central area of the western property boundary. The existing grade of the completed landfill is approximately 30 feet above the surrounding grade and the slope is in all direction at the highest point of the landfill is at the central area of the land. The top slope of the landfill is maintained at 3 to 5 percent and the side slope is at 2:1 or steeper. The slope along the Sonoqui Wash and the berm slope along the northern property boundary is the steepest. The storm water run-off occurred as sheet flow across the site except at the perimeter of the landfill disposal areas. The run-off water entered constructed drainage channels located along eastern, northern, western and southern property boundary and flowed into a retention basin located on-site at the northeastern portion of the landfill and or discharged to the Sonoqui Wash at the southwestern portion. The majority of the run-off from northern and eastern portion emptied to the retention basin located at the northeast corner. The run-off from the west portion of the site emptied to a retention basin located along Hawes Road. Run-off from the rest of the landfill flowed to the Sonoqui Wash directly. SERIAL 13017-ITN The site is secured with a wire fence on the property boundary except at the eastern property boundary. Southern property boundary is fenced with chain link fence and an entrance gate at the center of the southern property boundary is in existence. During the operation of the landfill, a scale house, an office trailer, and a maintenance shed were located along the south central area. The landfill had an entrance from the south via this gate. At the time of operation of the site, the site housed three groundwater monitor wells, eight landfill gas monitoring probes, a scale house, a maintenance facility, and a public drop-off area. The groundwater wells are located at the southern and northern portion of the site. Landfill gas monitoring probes are located around the perimeter of this site. The scale house was located at the south central portion of the site and the maintenance facility was located adjacent to the scale house. In addition, the site also has the following features: Site screening berm of seven to ten feet height along the northern and western portion of the property boundary; Lined disposal cell at the eastern portion of the disposal area. The lined cells have a leachate collection and transfer system; A storm water retention area at the northeast corner of the site which is outside the disposal area. This retention area is more than six feet deep. The landfill operation prior to 1991 consisted of utilization of trench and area methods of operation. The method consisted of excavations of trenches to depths of 50 feet with vertical side walls. These trenches utilized a ramp for trash trucks to go into the pits and dispose of the wastes. The wastes were covered at the end of each day for odor and vector control. The trench method continued at the western portion until 1991. In 1991, the operation moved to the eastern portion and continued up to 2007 at which time the County built three lined cells. The liner utilized was in compliance with the Arizona Department of Environmental Quality and consisted of the following (from bottom up): A prepared subgrade; A geosynthetic clay liner with permeability less than 1x10(-9) centimeter per second; A 60-mil thick high density polyethylene geomembrane liner; A geocomposite drainage layer and; A two foot thick protective soil cover or operations layer consisting of on-site soil. The lined cells were excavated 50 feet below the ground surface and cells consisted of leachate transfer pipes, leachate collection sumps filled with sub-rounded gravels, and leachate collection trenches at the lowest portions of the cell bottom filled with leachate drainage gravel. The leachate collection sump and transfer pipe had a dedicated pump fitted with a sensor to start the pump when the leachate fluid level is at or slightly above 12 inches. The lined cells and the trench at the eastern portion continued operation until they reached present configuration and the landfill utilized a compactor to compact the wastes and daily soil cover. Daily cover utilized at this site was six inches of soil placed on top of the disposed waste or until wastes were completely covered. The approved and constructed final cover system for the landfill consists of the following components: Foundation Layer: The existing intermediate layer of earthen material, placed during the operation of the landfill to cover the final lift of refuse, serves as the foundation subgrade for the IL. Additional earth material was placed, as required, to establish a firm foundation upon which the IL was constructed. Infiltration Layer: IL consisted of 24 inches of a thick soil layer compacted to achieve a permeability of 1x10(-5) cm/sec or less was installed. The IL material met a relative density requirement of 90 percent as determined by ASTM D698 with a moisture content of optimum to 2 percentage points above optimum at the time of placement on the SERIAL 13017-ITN landfill. The specifications also provide that the physical properties, compaction, and moisture requirements may be waived, at the discretion of the engineer, provided that the permeability requirement was fulfilled. Erosion Layer: A minimum of 12-inch thick erosion layer (EL), constructed of clean earthen material, was placed above the IL. Drainage Facilities: The final cover system also included a network of drainage channels to intercept and route storm water runoff from the site. The drainage channels were constructed of compacted earthen material with Armorflex channel lining systems located at intersections or crossings. The foundation subgrade layer, the infiltration layer, and the erosion layer extended to the limits of waste. A portion of the landfill at the eastern portion and adjacent to the Horse Shoe Park was closed to have an overflow graded parking lot to be utilized by the equestrian park users. 1.2 Description of the Proposed Park Improvements The following park improvements are anticipated for this site and will be designed by a team of state registered consultants each qualified in their respective fields, to prepare the design and construction documents for this park. During the design of the park and engineering evaluation if there is an unexpected site discovery not previously mentioned in “1.1 Site Description” the unexpected discovery will subject this contract to an adjustment in design and cost of design and construction. 1. A 200 space parking lot edged with a vertical concrete curb, a compacted ABC sub base, and 3 inch deep, ¼ inch minus stabilized decomposed granite surface. Parking lot will be provided with pole lighting sufficient to provide illuminated safety throughout the parking lot. The interior planters within the parking lot will be planted with mature drought resistant canopy trees at frequent intervals to provide adequate shade. An automatic drip irrigation system will be installed to initially provide ample water to allow for tree root establishment. The parking lot will be graded to the existing retention basin and this basin will be landscaped and irrigated with a new automatic drip watering system. The construction of this parking lot will continue to provide relief to overflow parking during events held at the Equestrian Centre and to provide parking for users of the proposed park at the landfill site. 2. Separate walking and equestrian trails will be provided throughout the park. These trails will be top-dressed with a 2 inch layer of ¼ inch minus stabilized decomposed granite and edged with clusters of indigenous canopy trees for shade and flowering drought resistant shrubs and indigenous cactus to provide a balanced plant palette to embellish the park setting. The proposed drip irrigation system noted in Item I will extend to this landscape. Ramadas with picnic facilities, tables, BBQ’s, and trash receptacles will be placed at random locations throughout the site. The ramadas and picnic facilities will be served by the pedestrian pathways and will be lighted for nighttime use. There will be approximately 10,000-15,000 lineal ft. of trail proposed ranging in width of six feet for pedestrian paths and ten feet wide for equestrian pathways. 3. A central play area will be the focus of the park. This will be designed with a minimum three acre open lawn area for active play, play structures with shade canopies to accommodate various age groups of children, seating and site furniture, and site lighting to provide for a safe, well lit environment for night time users. Low water use shade trees and accents of indigenous shrubs and cactus will be provided in quantities to embellish the central park feature and to provide an environment suitable for passive and active play. An automatic irrigation system will be designed to promote the healthy growth of lawn, trees, and shrubs. The park irrigation system will be designed with a “web” based “smart” control system, remote soil moisture sensors, rain sensors, and valve decoders. SERIAL 13017-ITN 4. A top dressing of 3 inch and minus decomposed granite will be provided throughout all other areas of the landfill site to alleviate blowing dust and to prevent storm water erosion of the soil surface. The drainage of the site will for the most part be left in its pre-construction status which “sheet flows” across the site except at the perimeter of the landfill disposal areas where the run-off of water will enter constructed drainage channels located along the eastern, northern, western and southern property boundaries and will flow into a retention basin located on-site at the northeastern portion of the landfill and/or discharged to the Sonoqui Wash at the southwestern portion of the site. 5. The main entrance to the park will be provided at the middle of the site accessing from East Riggs Road. A small parking lot exists and will be modified to complete the parking for this park. 2.0 Scope of Work Our itemized Scope of Work and Cost Estimate for the engineering evaluation, design services, geotechnical analysis, landfill regulatory and engineering modeling are itemized as follows: 2.1 Engineering Evaluation, Design Services, Geotechnical Analysis, and Engineering Modeling: A. Prepare a “Scope of Work” letter and a completed “Solid Waste Facility Plan” approval amendments application, along with application and fee and submit to ADEQ. All design drawings and/or calculations will be sealed by an Arizona registered professional of an appropriate discipline. (This is a Type II amendment to the existing approved SWFP). B. Provide a Topographic Survey of the site and evaluate a comparison between the Topographic Survey that was previously prepared and the new survey. C. Prepare an illustrative Concept Master Plan for Phase I and future improvements. Present to Maricopa County, ADEQ, and the Town of Queen Creek to convey to all parties concerned the scope of park improvements and to analyze and determine the differences of the CAP drainage, and water infiltration data for pre-construction and post- construction. D. Provide 15-20 Test Holes on the site to evaluate the thickness of the “Cap”. Survey locations of test holes, graphically plot the test holes on a map and prepare a “Field Report” analyzing the findings. Submit to Maricopa County, ADEQ, and the Town of Queen Creek and attend meetings with all parties concerned and present the findings and the report. It shall be noted that any penetrations through the landfill cap must be addressed during construction to manage the hazards associated with gas release. Integrity of all penetrations must be restored once construction is complete to prevent development of new, unplanned vents. E. Prepare a “Gas Modeling” report using Maricopa County Data and present findings. F. Prepare a second “Scope of Work Letter” to present the adjusted findings present in the current “Gas Expulsions” discovered in Items “D” and “E” and present the “Gas Expulsion” findings for what will be anticipated at post-construction. The proposal should address the risk (if any) of planned uses to and exposure to potentially explosive concentrations of methane gas and methods of limiting potential of an explosion. Lateral monitors are in place to detect any underground migration of contaminants. Provisions need to be included to protect and secure these monitors after construction. G. Submit “Type III Amendment” to ADEQ and Town to Queen Creek for review and approval. H. Prepare 30%, 60%, 90%, and 100% Design and Construction Documents and Specifications for 1st phase improvements as previously described. Drawings will be submitted to Maricopa County, ADEQ, and Town of Queen Creek. Community input will be required at the 30% phase of design. Drawings to include: 1. Paving Plans for Parking Lot(s). 2. Dimensioned Site Plan for Parking Lot(s). 3. Grading and Drainage Plans including Sections for entire site. SERIAL 13017-ITN 4. Preparation of drainage report analyzing pre-construction and post-construction drainage. 5. SWPP Plan preparation (The project will require a dust control permit during the construction phase.) 6. Lighting Plans showing location of Light Poles with Photometrics and Electrical Drawings with Panel Schedules and Electrical Line sizing. Any penetrations through the landfill cap for activities such as light pole foundation installation or tree planting must be addressed during phase one and phase two (construction) to manage the hazards associated with gas release. Integrity of all penetrations must be restored once construction is complete to prevent development of new, unplanned vents. 7. Landscape and Revegetative Plans for entire site including all Construction Details. Protection of the existing landfill vents is included as part of development plans. 8. Irrigation Plans for entire site including all Construction Details. 9. Ramada Plans, Elevations, Sections, and Structural Details. 10. Dimensioned Pedestrian and Equestrian Path Plans. 11. Dimensioned Site Plan for central Play Area including Tot Lots and other Active and Passive Recreational Improvements proposed. 12. Site Details including Site Walls and Fencing, Play Equipment, Pathways, Sign Monuments, Site Furniture, Concrete Elements, and Park Signage. It shall be noted that any penetrations through the landfill cap for activities such as light pole installation or tree planting must be addressed during design and/or construction to manage the hazards associated with gas release. Integrity of all penetrations must be restored once construction is complete to prevent development of new, unplanned vents. Cost of Services Engineering Evaluation, Design Services, Geotechnical Analysis, and Engineering Modeling: Item A: $ 7,500.00 Item B: $ 9,500.00 Item C: $ 28,500.00 Item D: $ 28,000.00 Item E: $ 20,000.00 Item F: $ 22,000.00 Item G: $ 8,500.00 Item H: $112,000.00 (Total items 1-12) 30% Submittal: $ 56,000.00 60% Submittal: $ 23,600.00 90% Submittal: $ 23,600.00 100% Submittal: $ 8,800.00 Total: $236,000.00 Schedule: Design: 10 months SERIAL 13017-ITN EAGLE PARK LLC, 20525 E. CHANDLER HEIGHTS RD., QUEEN CREEK, AZ 85142 PRICING SHEET: NIGP CODE 91843 Terms: NET 30 Vendor Number: 2011004877 0 Certificates of Insurance Required Contract Period: To cover the period ending June 30, 2015 25, 2016 2017.