HomeMy WebLinkAboutE-06 Staff Report - PSA Benchmark ResourcesCONSENT ITEM
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TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
VIA: DON PENMAN, INTERIM CITY MANAGER
FROM: KURT CHISTIANSEN, FAICP, ECONOMIC AND COMMUNITY DEVELOPMENT
DIRECTOR
DATE: NOVEMBER 6, 2017
SUBJECT: APPROVE PROFESSIONAL SERVICE AGREEMENT WITH BENCHMARK
RESOURCES TO PROVIDE MINING CONSULTATION SERVICES FOR THE
VULCAN MATERIAL AND CEMEX MINING SITES
SUMMARY:
Vulcan Materials Azusa Rock and Cemex Construction Materials Mine Azusa Quarry are two mines
located within the City’s boundaries. All mines located in the State of California are mandated to
comply with SMARA (Surface Mining and Reclamation Act). Therefore, the City of Azusa has
traditionally contracted the compliance of SMARA and bi-annual monitoring to a consultant. The
existing consulting contract with Benchmark Resources expired on September 2, 2017.
On August 21, 2017, the City Council approved to solicit a Request for Proposals (RFP) for mining
consultant for various reviews associated with SMARA compliance and bi-annual monitoring. Staff
received proposals from three (3) firms. Upon evaluation of the proposals, Staff has identified one firm
with the necessary experience required to provide the mining consultant services. This action approved
a Professional Service Agreement with Benchmark Resources to provide mining consultant services.
RECOMMENDATION:
Staff recommends the City Council take the following action:
1) Approve a Professional Services Agreement with Benchmark Resources to provide mining
consultant services.
DISCUSSION:
On August 21, 2017, a Request for Proposal (RFP) to provide mining consultant for various reviews
associated with SMARA (Surface Mining and Reclamation Act) compliance and bi-annual monitoring
was distributed to a number of consultants and made available on the City’s website. A total of three (3)
firms provided a proposal by the indicated deadline of September 21, 2017. An initial review for
minimum qualifications was conducted and three (3) proposals were provided to the evaluation
APPROVED
COUNCIL MEETING
11/6/2017
Approve Professional Services Agreement with Benchmark Resources
November 6, 2017
Page 2
committee consisting of the Director of Economic and Community Development, Associate Planner,
and Assistant Planner. The evaluation committee convened to evaluate the proposals on the following
criteria: (1) Experience and Qualifications; (2) Scope of Services; (3) Detailed work plan to complete
services; (4) Qualification and experience of team members; (5) Overall quality of response to RFP; and
(6) Consultant’s Fee Proposal. The three firms in the evaluation process were:
Firm SMARA Inspection & Report Cost Biannual Review & Report Cost
Benchmark Resources $7,045.00 $2,795.00
Geo-Logic Associates $5,298.00 $4,353.00
G3SoilWorks $7,960.00 $9,990.00
After careful deliberation, the evaluation committee unanimously selected Benchmark Resources for the
mining consultant services as the most qualified firm to fulfill the required scope of services. While all
three firms’ submitted proposals that were similar in cost and exhibited the capacity to perform high
quality mining services, the evaluation committee felt that Benchmark Resources is the stronger
candidates because of their qualification, experience, and previous work history with the City of Azusa.
Professional Services Agreements do not require for the lowest submitted bid to be awarded.
Additionally, Benchmark Resources has extensive mining consultant experience with previous reviews
in the City of Azusa. This action shall not be binding on any future Planning Commission and/or City
Council actions.
FISCAL IMPACT:
All costs associated with the consultant review and document preparation will be paid by the respective
mining applicant and there will be no fiscal impact to the City.
Prepared by: Reviewed by:
Manuel Muñoz Kurt Christiansen, FAICP
Associate Planner Economic and Community Development Director
Reviewed and Approved: Reviewed and Approved:
Louie F. Lacasella Don Penman
Senior Management Analyst Interim City Manager
Attachments:
1) Mining Consultant Services Proposal Received by Benchmark Resources
2) Professional Services Agreement – Benchmark Resources
September 21, 2017
Manual Munoz, Associate Planner
Economic and Community Development
City of Azusa
213 East Foothill Blvd.
Azusa, CA 91702
SUBJECT STATEMENT OF QUALIFICATIONS FOR:
MINING CONSULTANT
Dear Mr. Munoz,
Benchmark Resources is submitting this statement of qualifications in response to the City of Azusa’s
(City) request for a mining consultant. Benchmark Land Use Group, Inc., doing business as Benchmark
Resources, is a California corporation. We are based in Folsom, California, where all work would be
performed for this contract. Our contact information is as follows:
Primary Contact: David E. Brown, Principal
Andrew Heinemann, P.G. (lead inspector)
Benchmark Resources
2515 East Bidwell Street
Folsom, CA 95630
Phone: 916-983-9193 (main)
E-mail: dbrown@benchmarkresources.net
E-mail: aheinemann@benchmarkresources.net
Our firm is ideally suited to completing this work because of our experience and background providing
the services requested. Benchmark Resources has been providing these consulting services for the last 7
years and would like to continue providing this service to City of Azusa, as summarized below:
•Qualifications and Experience: Benchmark Resources provides planning and environmental
compliance services to lead agencies throughout California responsible for permit application
processing, environmental review, and compliance monitoring of surface mining operations. We
support all aspects of mine permitting and compliance under the California Surface Mining and
Reclamation Act (SMARA), including environmental investigations on-site, mine engineering,
reclamation planning for lands and entitlements, and compliance with local mining ordinances.
•Annual Inspections: Benchmark Resources’ staff has inspected mine reclamation activities
(per SMARA § 2774) for more than 15 years. To date, our staff has completed hundreds of annual
inspections for more than a dozen lead agencies statewide. We are equipped with the appropriate
vehicles, safety equipment, and training necessary to perform such work.
Attachment 1
Mr. Manual Munoz | September 21, 2017 2
• Financial Assurance Cost Estimates: We have prepared financial assurance cost estimates since
they were first required. Our experience has given us a thorough understanding of SMARA’s
financial assurance requirements and the State Mining and Geology Board’s guidelines. We have
developed methods to both streamline and increase the accuracy of the annual verification
process for reclamation financial assurance. Completing hundreds of annual financial assurance
cost estimates has made us uniquely familiar with the costs associated with reclaiming for all
types of second uses.
• Compliance with Conditional Use Permit for Mining: Benchmark Resources’ staff has performed
conditional use permit (CUP) compliance review on mine sites for more than 15 years. To date,
our staff has completed hundreds of CUP compliance reviews for more than a dozen lead
agencies statewide. When possible we are utilizing the time of the SMARA inspection visit to
confirm conditions regarding the CUP compliance.
• SMARA Technical Support: Benchmark Resources’ staff has been assisting lead agencies with
SMARA compliance since the mid-1980s. (Annual inspections were not required until the 1991
amendments to the statute and regulations.) Therefore, we are well-versed in SMARA
development and experts at the procedural aspects of its implementation. Providing SMARA
technical support is consistent with our overall mine and reclamation consulting practice; we
assist with revegetation, resoiling, slope stability, surface and groundwater protection, and other
aspects of regulatory compliance and environmental protection. As preparers of mine and
reclamation plans, and reviewers of hundreds of reclamation plans throughout California, we
fully understand the purpose and implementation of these plans.
• References: Lead agency references are provided in this proposal related to their experience
working with us to perform annual inspection tasks.
Our inspection program is led by a California-registered geologist and mining engineer. He is supported
by other regulatory and technical experts on staff. We also have relationships with subconsultants who
specialize in, for example, geotechnical, hydrological, and soils issues; however, we are capable of
providing the scope of services requested by the City using our staff.
This proposal is brief and formatted according to the format the City requested. We have recently
provided SMARA inspection services to the City and again look forward to assisting the City with
SMARA compliance and compliance with the off-channel mining plan and implementing ordinances
(Off-Channel Mining Ordinance and Surface Mining Reclamation Ordinance). Because of our recent
experience, and our local presence, we are able to provide very competitive pricing for the inspection
work.
Thank you for your consideration.
Sincerely,
David E. Brown
Principal
CITY OF AZUSA PROPOSAL FOR:
MINING CONSULTING SERVICES
CITY OF AZUSA ECONOMIC AND COMMUNITY DEVELOPMENT
213 EAST FOOTHILL BOULEVARD, AZUSA, CA 91702
SEPTEMBER 21, 2017
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TABLE OF CONTENTS
1. INTRODUCTION ......................................................................................................................................... 1
2. QUALIFICATIONS AND EXPERIENCE ........................................................................................................ 2
2.1 Annual SMARA Inspections and Reporting............................................................................... 5
2.2 Financial Assurance Cost Estimates ........................................................................................... 6
2.3 Project Examples ......................................................................................................................... 6
3. REFERENCES ............................................................................................................................................... 8
4. BENCHMARK RESOURCES SMARA TEAM ................................................................................................ 8
5. WORK PLAN..............................................................................................................................................11
5.1 Annual Inspections ....................................................................................................................12
5.2 Financial Assurance Verification ..............................................................................................13
5.3 Financial Assurance Mechanisms ............................................................................................13
5.4 Conditions of Approval Monitoring ........................................................................................13
5.5 Public Hearing Support ............................................................................................................14
6. SCHEDULE ................................................................................................................................................14
8. COMPENSATION ......................................................................................................................................14
8.1 Annual Inspections, Financial Assurance Review, and Biennial Compliance Review .........14
8.2 Planning Commission Meeting Preparation and Support ....................................................15
8.3 Additional On-Call Services ......................................................................................................15
9. BENCHMARK RESOURCES FEDERAL TAX IDENTIFICATION NUMBER .................................................16
10. AGREEMENT TO TERMS AND EXCEPTIONS ...........................................................................................16
FIGURES
Figure 1 Statewide Mine and Reclamation Experience
Figure 2 SMARA and Technical Services Team
TABLES
Table 1 Mine Inspection Experience
Table 2 Proposed Fixed Fee Budget for SMARA Compliance
Table 3 Rate Schedule
ATTACHMENTS
Attachment A Inspector Qualifications
Attachment B Hourly Breakdown of Proposed Costs
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1. INTRODUCTION
The City of Azusa (City) has requested a proposal to provide consulting services for various reviews and
activities in accordance with the California Surface Mining and Reclamation Act (SMARA). Benchmark
Resources has been providing these consulting services for the last 7 years and would like to continue
providing this service to City of Azusa. Benchmark Resources is proposing on the following tasks:
• Conduct inspections and prepare reports.
• Prepare biannual review of conditions for Azusa Rock (Fish Canyon).
• Attend planning commission and City Council meetings.
Benchmark Resources is also available to provide on-call services for:
• review and evaluation of reclamation plans;
• assistance with reclamation plan updates and compliance issues as required under SMARA and
the City Municipal Code, Chapter 88.44, Surface Mining and Reclamation;
• assistance with identifying and resolving critical geotechnical and engineering issues related to
mining operations; and
• on-call services pertaining to geological and technical support.
These services are the heart of Benchmark Resources’ services to counties and cities statewide. We have
the expertise necessary to ensure the inspection process is rigorously completed to satisfy SMARA and
the City Municipal Code. Our staff’s background in SMARA compliance, our firm’s experience on mining
projects, and our business focus on providing planning and environmental services for mine permitting
make Benchmark Resources uniquely suited to meeting the City’s needs.
Summarized below is our experience and background providing the services requested:
• Qualifications and Experience: Benchmark Resources provides planning and environmental
compliance services to lead agencies throughout California responsible for permit application
processing, environmental review, and compliance monitoring of surface mining operations. We
support all aspects of mine permitting and compliance under SMARA, including environmental
investigations on-site, mine engineering, reclamation planning for lands and entitlements, and
compliance with local mining ordinances.
• Annual Inspections: Benchmark Resources’ staff has inspected mine reclamation activities
(per SMARA § 2774) for more than 15 years. To date, our staff has completed hundreds of annual
inspections for more than a dozen lead agencies statewide. We are equipped with the appropriate
vehicles, safety equipment, and training necessary to perform such work. We are already familiar
with the City’s two mining operations through our recent experience conducting the City’s
inspections (since 2010).
• Financial Assurance Cost Estimates: We have prepared financial assurance cost estimates
(FACEs) since they were first required. Our experience has given us a thorough understanding of
SMARA’s financial assurance requirements and the State Mining and Geology Board’s (SMGB’s)
guidelines. We have developed methods to both streamline and increase the accuracy of the
annual verification process for reclamation financial assurance. Completing hundreds of annual
FACEs has made us uniquely familiar with the costs associated with reclaiming for all types of
second uses.
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• Compliance with Conditional Use Permit for Mining: Benchmark Resources’ staff has performed
conditional use permit (CUP) compliance review on mine sites for more than 15 years. To date,
our staff has completed hundreds of CUP compliance reviews for more than a dozen lead
agencies statewide. When possible we are utilizing the time of the SMARA inspection visit to
confirm conditions regarding the CUP compliance.
• SMARA Technical Support: Benchmark Resources’ staff has been assisting lead agencies with
SMARA compliance since the mid-1980s. (Annual inspections were not required until the 1991
amendments to the statute and regulations.) Therefore, we are well-versed in SMARA
development and experts at the procedural aspects of its implementation. Providing SMARA
technical support is consistent with our overall mine and reclamation consulting practice; we
assist with revegetation, resoiling, slope stability, surface and groundwater protection, and other
aspects of regulatory compliance and environmental protection. As preparers of mine and
reclamation plans, and reviewers of hundreds of reclamation plans throughout California, we
fully understand the purpose and implementation of these plans.
For example, we provided the City with additional services by reviewing the Azusa Rock (Fish
Canyon) buttress fill plan and provided the City and Vulcan with recommendations for revisions.
We also conducted a follow-up review of the revised buttress fill plan and provided the City with
recommendations for approval.
Our services are performed statewide, as shown in Figure 1, “Statewide Mine and Reclamation
Experience.”
2. QUALIFICATIONS AND EXPERIENCE
Benchmark Resources is a multidisciplinary environmental planning company specializing in
environmental analysis and permitting services for surface mining throughout California. Our primary
areas of expertise include:
• permit-compliance monitoring;
• mine and reclamation planning;
• annual SMARA mine inspections;
• environmental impact analysis;
• mitigation monitoring;
• land use planning and permitting;
• public-process support; and
• lead agency staff services associated with mine and reclamation planning, permitting,
compliance, and closure.
Our staff has specialized expertise in the mining industry and are led by senior-level individuals with
experience in environmental resources, regulatory compliance, and mine development, operation, and
reclamation. Our team includes individuals with expertise in wildlife habitat and endangered species,
slope stability, revegetation, engineering and erosion control, agricultural land and its productivity,
surface waters, and soils.
STATEWIDE MINE AND RECLAMATION EXPERIENCE
CITY OF AZUSA PROPOSAL FOR MINING CONSULTING SERVICES
Figure 1
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2.1 Annual SMARA Inspections and Reporting
Benchmark Resources’ staff has inspected mine reclamation activities annually in compliance with
SMARA § 2774 for more than 15 years. Our staff has completed annual inspections for a dozen lead
agencies statewide, resulting in more than 1,200 SMARA mine inspections. Our team of technical, legal,
and regulatory compliance experts thoroughly understands mining operations and the requirements for
reclaiming mined lands. We are contracted with eight lead agencies for annual SMARA inspections, but
have performed annual inspections for 14 lead agencies, as summarized in Table 1, “Mine Inspection
Experience.”
TABLE 1
MINE INSPECTION EXPERIENCE
Lead Agency
Number of
Operations
Scope of Work
Number of Years
Inspected
Number of
Inspections
to Date
Annual
SMARA
Inspection
CUP
Inspection
FACE
Verification
CURRENT SMARA CONTRACTS
Monterey County 16 √ - √ 2003–Current (14) 224
Alameda County 10 √ - √ 2004–Current (13) 130
San Benito County 19 √ - √ 2006–Current (11) 209
City of Azusa 2 √ √ √ 2010–2017 (7) 14
Madera County 3 √ - √ 2013–Current (4) 12
Imperial County 38 √ √ √ 2014–Current (3) 114
Alpine County 4 √ - √ 2003–2011 (8)
2015–Current (2) 40
Stanislaus County 14 √ - √ 2015–Current (2) 28
HISTORIC SMARA CONTRACTS
Merced County 27 √ - √ 1998–2007 (9) 243
El Dorado County 12 √ - √ 1998–2000 (3) 36
City of Redding 2 √ - √ 1998–2013 (15) 30
Santa Clara County 9 √ - √ 2004–2006 (2) 18
Amador County 24 √ √ √ 2004–2007 (3) 72
City of Tracy 1 √ - √ 2000–2014 (15) 15
Yolo County 7 √ √ √ 2014–2015 (2) 14
Riverside County 11 √ - √ 2016 (1) 11
TOTAL INSPECTIONS 1,210
Notes: CUP = conditional use permit; FACE = financial assurance cost estimate; SMARA = Surface Mining and Reclamation Act.
We have several other ongoing contracts for services, including environmental impact reports, staff
services for reclamation and closure oversight, reviews of CUP compliance, and other lead agency
services.
We are familiar with the MRRC-1 form adopted by the SMGB in 2013 and understand the appropriate
level of information to be updated. We understand the intricacies in interpreting reclamation plan
requirements, which vary in level of detail, and ensuring that the annual inspection appropriately
documents site conditions and compliance with the approved plan.
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2.2 Financial Assurance Cost Estimates
Benchmark Resources has prepared and reviewed hundreds of FACEs and fully understands the intent
and requirements of SMARA related to financial assurance and the SMGB’s financial assurance
guidelines. We have developed methods to both streamline and increase the accuracy of the annual
financial assurance process, including (as necessary) completely independent calculation of current costs.
Through our experience in preparing and reviewing FACEs, we are fully familiar with the California
Division of Mine Reclamation’s (DMR’s) expectations for the annual FACE update, the acceptable cost
sources, and the level of documentation necessary to minimize the number of DMR’s comments and
modifications.
Benchmark Resources’ staff reviews and makes recommendations to clarify, substantiate, and
standardize the FACEs submitted annually by operators in accordance with California Code of
Regulations (CCR) § 3804(c). The estimates are reviewed in accordance with the requirements of § 2773.1
of the SMARA statutes and § 3800 et seq. of the SMARA regulations. This process ensures a complete
review and compiles the data in a straightforward format.
2.3 Project Examples
In addition to Table 1, which outlines our current and historic SMARA services projects, below is a
detailed list of our current SMARA projects:
Madera County
Description of Services: Annual SMARA inspections and financial assurance review
Location: 4 mining operations throughout Madera County
Size: 25 to 1,000 acres
Contracted: Since 2013; current contract through 2023
Contact: Matt Treber, Planner III
Address: 200 W. 4th Street, 3rd Floor, Madera, CA 93637
Phone: (559) 675-7821
E-mail: matthew.treber@madera-county.com
Imperial County
Description of Services: Annual SMARA inspections, financial assurance and conditions of
compliance review, staff support services for CEQA review
Location: 36 active mining operations throughout Imperial County
Size: Ranging from 10 to 5,500 acres
Contracted: Since 2015; renews annually
Contact: Patricia Valenzuela, Planner VI
Address: 801 Main Street, El Centro, CA 92243
Phone: (442) 265-1749
E-mail: PatriciaValenzuela@co.imperial.ca.us
Stanislaus County
Description of Services: Annual SMARA inspections and financial assurance review
Location: 14 active mining operations throughout Stanislaus County
Size: Ranging from 50 to 500 acres
Contracted: Since 2015; current contract through 2020
Contact: Rachel Wyse, Planner
Address: 1010 Tenth Street, Suite 340, Modesto, CA 95354
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Phone: (209) 525-6330
E-mail: wyser@stancounty.com
San Benito County
Description of Services: Annual SMARA inspections and financial assurance review
Location: 19 mining operations throughout San Benito County
Size: 3 to 400 acres
Contracted: Since 2006; current contract through 2015
Contact: Taven Kinison Brown
Address: 2301 Technology Pkwy., Hollister, CA 95023
Phone: (831) 902-2294
E-mail: tkinisonbrown@cosb.us
Monterey County
Description of Services: Annual SMARA inspections, financial assurance review, and use permit
compliance review
Location: 16 mining operations throughout Monterey County
Size: 9 to 350 acres
Contracted: Since 2003; current contract through 2017
Contact: Ramon Montano, Planner
Phone: (831) 755-5169
Address: 168 W. Alisal Street, 2nd Floor, Salinas, CA 93901
E-mail: montanor@co.monterey.ca.us
City of Azusa
Description of Services: Annual SMARA inspections and financial assurance review
Location: Two operations in the city of Azusa
Size: Ranging from 50 to 90 acres
Contracted: Since 2010; current contract through 2017
Contact: Kurt Christiansen, Director, Economic & Community Development
Address: 213 E. Foothill Blvd., Azusa, CA 91702
Phone: (626) 812-5236
E-mail: kchristiansen@ci.azusa.ca.us
Alpine County
Description of Services: Annual SMARA inspections and financial assurance review
Location: Four operations in Alpine County
Size: Ranging from 20 to 160 acres
Contracted: 2003–2011; newly contracted since 2015; current contract through 2020
Contact: Brian Peters, Community Development Director
Address: 50 Diamond Valley Road, Markleeville, CA 96120
Phone: (530) 694-2140 ext. 425
E-mail: bpeters@alpinecountyca.gov
Alameda County
Description of Services: Annual SMARA inspections, financial assurance review, and use permit
compliance review
Location: 10 mining operations throughout Alameda County
Size: 16 to nearly 1,000 acres
Contracted: Since 2004; current contract through 2019
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Contact: James Gilford, Deputy Director
Phone: (510) 670-6437
Address: 224 West Winton Ave., Ste. 205, Hayward, CA 94544
E-mail: james.gilford@acgov.org
Riverside County
Description of Services: Annual SMARA inspections and financial assurance review
Location: 11 sites operated by the Transportation Lead Management Agency of Riverside County
Size: Ranging from 10 to 600 acres
Contracted: Contracted for 2016 reporting year for SMARA services.
Contact: David Jones, County Geologist
Address: 4080 Lemon Street, Riverside, CA 92501
Phone: (951) 955-6863
E-mail: djones@rctlma.org
3. REFERENCES
Client references that apply to this scope of services are as follows:
1. Stanislaus County
Contact: Rachel Wyse, Planner
Phone: (209) 525-6330
E-mail: wyser@stancounty.com
2. Imperial County
Contact: Patricia Valenzuela, Planner IV
Phone: (442) 265-1749
E-mail: PatriciaValenzuela@co.imperial.ca.us
3. Madera County
Contact: Matt Treber, Deputy Director
Phone: (559) 675-7821
E-mail: matthew.treber@madera-county.com
4. BENCHMARK RESOURCES SMARA TEAM
Reclamation planning and compliance often involves multiple disciplines to address the various
environmental, geologic, and engineering conditions; we therefore maintain a team approach. We assign
a lead inspector, who may be supported in the review and interpretation of reclamation plan
requirements by others on the team, depending on the issues. Figure 2, “SMARA and Technical Services
Team,” provides a chart identifying our organizational structure and key personnel. See below for further
qualifications of the key personnel.
SMARA AND TECHNICAL SERVICES TEAM
CITY OF AZUSA PROPOSAL FOR MINING CONSULTING SERVICES
Figure 2
PROJECT MANAGER
Andrew Heinemann
TECHNICAL SUPPORT
(As Needed)
Dr. Andrew Kopania,
Hydrogeologist, EMKO
Environmental, Inc.
David Sarkisian,
Geotechnical Engineer
Victor Claassen,
Soils Scientist
Additional specialists
available as needed
REPORT PREPARATION
Mark Hernandez, AutoCAD, GIS, Graphic Design
Christy Seifert, Technical Analyst, Editor, Graphic Design
Katharina McKillip, Document Specialist
SMARA MINE INSPECTIONS
Andrew Heinemann,
Project Manager
David Brown, Principal
FACE REVIEW
Andrew Heinemann,
Project Manager
David Brown, Principal
Katharina McKillip,
Document Specialist
FAM REVIEW
Andrew Heinemann,
Project Manager
Katharina McKillip,
Document Specialist
ON-CALL SUPPORT
All, as needed
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Key Personnel
Andrew Heinemann, PG, will be the lead inspector for the City. He is a mining engineer and
California-registered professional geologist (Andrew Heinemann, California Registered Geologist
No. 9171). He has worked on mining projects in construction aggregates, industrial minerals, and
precious metals for more than 18 years at more than 30 mines within the U.S. and western Europe. He
has served as mine geologist, senior mining engineer, and mine manager. He successfully managed
mine sites while adhereing to reclamation plans, developing concurrent reclamation activities such as
revegetation test plots, maintaining stable mining faces, controlling noxious weeds, and managing
waste/backfill and pond facitlites.
David Sarkisian, PG, CEG, PE, will provide support to Mr. Heinemann. Mr. Sarkisian is a
professional geologist, certified engineering geologist, and professional engineer with 22 years of
experience. His years of experience include supervision of civil infrastructure and dam safety–related
projects; geotechnical investigations for levee repairs and erosion sites; and geotechnical engineering
services for pond embankments, pump stations, reservoirs, and bridges. He has supervised quality
control testing of asphalt, aggregates, and soil. He has also served as the Engineer of Record for
special inspection services for reinforced concrete, structural masonry, and structural steel
construction.
David Brown, a principal and president of Benchmark Resources, is recognized as a statewide leader
in mining consulting, with extensive experience in SMARA, California Environmental Quality Act
(CEQA), and National Environmental Policy Act (NEPA) related to almost every type of mining
operation (e.g., hard rock, off-channel, surface, instream) in the state. Mr. Brown has been involved
with mining projects for more than 25 years and with land use planning for nearly 30 years. He has
worked on more than 300 mining projects and has prepared mining documents for more than 40
jurisdictions in California. Mr. Brown will be the project director for City services and will oversee
team work.
(See Attachment A, “Resumes,” for further details.)
Subconsultants: Technical issues that may be identified during on-site inspections may require input
from our hydrology, geotechnical, revegetation, or other associates. While we propose no particular
subconsultants for this contract, and have never called on any to support the City in the past, we have as-
needed support by numerous technical experts in an array of disciplines for environmental and SMARA
compliance (e.g., hydrology, geotechnical, soils, biology, revegetation). The technical consultants we
work with are chosen based on long-term relationships and those that are highly regarded for their
experience and success in their fields.
Support Staff: Benchmark Resources’ support staff includes professionals skilled in AutoCAD,
geographic information systems (GIS), graphic design, technical analysis, technical editing, and
document production. These professionals allow Benchmark Resources to produce high-quality maps
and imagery; prepare documents and reports that are accurate, clear, and well-organized; and produce
professionally formatted printed or electronic documents.
5. WORK PLAN
Our firm is perfectly suited to perform inspections for the City in compliance with SMARA and the City’s
Municipal Code (Chapter 88.44). Our staff has conducted more than 1,200 SMARA mine inspections
within California. We have a team of technical, legal, and regulatory compliance experts who thoroughly
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understand mining operations and reclamation of mined lands. We have practical experience preparing
and reviewing reclamation plans and interpreting their specific requirements.
The SMGB adopted a new Surface Mining Inspection Report form (MRRC-1 form) that lead agencies
must use to document annual inspections, which became effective July 15, 2013. (The prior form
remained nearly unchanged for 20 years.) We have implemented use of this form at more than 50 mining
operations since 2013, including the past seven years of mine inspections for the City of Azusa, and are
familiar with its requirements. We are also familiar with the Lead Agency Review Team review that has
been implemented by DMR. Benchmark Resources’ experience and approach to conducting inspections
and reporting will ensure that the inspection process is rigorously completed to satisfy SMARA
requirements and the City’s regulations for mine reclamation compliance. Our staff’s background in
SMARA compliance, our firm’s experience on mining projects, and our business focus on providing
planning and environmental services for mine permitting make Benchmark Resources ideally suited to
meet the needs of the City.
5.1 Annual Inspections
Section 2774 of SMARA requires inspection to ensure mine conformance with mine reclamation plans.
Annual inspection by Benchmark Resources involves the following tasks:
• review previous inspection reports to determine if corrective actions or violations were noted;
• review City files and correspondence for previous corrective actions or violations;
• review DMR input to City via the Lead Agency Review Team as applicable;
• review City files for any reclamation plan amendments;
• confirm current operator/owner information;
• review operator annual reports for the previous year regarding reported acreages disturbed and
reclaimed;
• review the approved reclamation plan, and any amendments thereto, to ascertain the reclamation
commitments and expected conditions at the current phase of operations;
• document:
‒ operating parameters, height, depth, acreage, and phasing;
‒ reclamation goals and schedule;
‒ City conditions of approval; and
‒ plan commitments for wildlife habitat, backfilling, regrading slope stability, recontouring,
revegetation, drainage and erosion control, stream protection and groundwater, and topsoil
salvage and distribution;
• schedule and coordinate site inspection and attendees;
• prepare file records available at inspection;
• acquire aerial photographs and measure current site acreage;
• overlay site boundaries and permitted operating limits and setbacks and evaluate compliance;
• travel to site and perform scheduled inspection;
• document field conditions relative to SMARA performance standards;
• prepare draft written report, graphics, and photographs;
• review draft report with City staff, and operator as appropriate;
CITY OF AZUSA Proposal for:
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• discuss/agree on time frames for compliance with corrective actions for violations; and
• prepare final reports in triplicate for distribution to the City, operator, and DMR.
5.2 Financial Assurance Verification
Recent changes to SMARA requirements regarding the overall inspection process and FACE review and
approval are in place as of July 2017. The FACE submittal and review is the most significant change. (The
operator must submit the updated FACE within 30 days of the inspection.) Benchmark is very familiar
with the new requirements and will schedule the tasks to meet the required timelines.
Benchmark Resources can review and make recommendations to clarify, substantiate, and standardize
the reclamation estimates submitted annually by operators in accordance with CCR § 3804(c). The
estimates are reviewed in accordance with the requirements of § 2773.1 of the SMARA statutes and § 3800
et seq. of the SMARA regulations. Because of increased scrutiny of financial assurance, we have
developed a proprietary review form for financial assurance review. This form ensures a complete review
and compiles the data in a straightforward format.
Financial assurance verification by Benchmark Resources involves the following tasks:
• Contact the operator and provide guidance and follow-up to receive the operator’s proposed
annual estimate submitted in accordance with Public Resources Code § 2773.1(a)(3).
• Determine the current California labor and equipment rates or locally established rates.
• Review operator costs relative to current field conditions, aerial photographs, primary
reclamation activities (grading), revegetation, structure and equipment removal, miscellaneous
costs, monitoring, and reclamation administrative costs.
• Acquire the current financial assurance mechanism (bond) value.
• Compare the bond value to the FACE.
• Review, resolve, and report discrepancies.
Benchmark Resources documents this review of the adequacy of the FACE and, if necessary, provides
comments to the City regarding potential inadequacies.
5.3 Financial Assurance Mechanisms
The financial assurance mechanism must take one of the forms specified as acceptable by SMGB
guidelines (i.e., payable statement, letters of credit, surety bond, or certificate of deposit). The
mechanisms are held by the City.
Following annual review and recalculation of financial assurance, Benchmark Resources will compare the
new amount to the mechanism and recommend revisions, as necessary.
5.4 Conditions of Approval Monitoring
Mine site startup, operation, and closure can require special attention during the inspection for SMARA
compliance and CUP compliance. Mitigation monitoring is required for environmental mitigation
required under CEQA. Our expertise in understanding regulatory requirements and operational realities
facilitates this real-time work.
The City is requesting assistance in the biennial monitoring of conditions of approval. We commonly
coordinate this work with the SMARA inspection to maximize the efficiency of enforcing conditions and
CITY OF AZUSA Proposal for:
ECONOMIC AND COMMUNITY DEVELOPMENT Mining Consulting Services
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the CEQA mitigation monitoring requirements. In many cases, limited additional costs are associated
with this service, depending on the number of conditions, degree of compliance, and other variables.
Benchmark has performed three biennial CUP reviews of Azusa Rock (Fish Canyon).
5.5 Public Hearing Support
Permit compliance often involves procedural tasks that include public involvement with stakeholders
and presentations to decision makers. These tasks generally include:
• public scoping meetings,
• community workshops,
• planning commission presentations,
• city council presentations, and
• meetings and presentations to responsible agencies.
Benchmark Resources staff has the materials, manpower, and impartial temperament needed to facilitate
professional and successful public meetings. Our capabilities in preparing graphics, brochures, and other
products designed to convey concepts and information in lay-person terms are well-recognized by our
references.
6. SCHEDULE
The inspection process begins with notifying the operators that the inspection process will begin with
scheduling the inspections. We will perform the inspections in the field. Any potential issues will be
discussed in the field and documented in the report. Operators will be asked to resolve potential issues
within 90 days if possible, before the inspection reports are submitted to DMR. The operator must also
submit a revised (updated) FACE to the City within 30 days of the inspection. Benchmark will review the
FACE for completeness and adequacy and provide recommendations for approval or rejection to the City
and the operator. The operator will make necessary revisions, and final approved FACE documents will
be submitted to DMR. Benchmark will notify the operator when their FACE has been approved and is
being reviewed by DMR. Once the review period for DMR has passed, the operator will again be notified
to update their financial assurance mechanism. During the time of inspection, our staff will also conduct
the CUP compliance review for the Fish Canyon mine site. We will provide a document summarizing the
results of the review with recommendations for follow-up actions, if necessary. Our staff will be present
and available to field questions relating to the mine site and CUP compliance review during the biennial
planning commission meeting.
Inspections typically take 1.5 to 3 hours, depending on the complexity of the site. An attempt is made to
schedule the inspection at the convenience of the operator and ensure he attends. Coordination with
County staff is also accommodated when their attendance is requested.
8. COMPENSATION
8.1 Annual Inspections, Financial Assurance Review, and Biennial Compliance Review
For the mine inspection, financial assurance review, and report preparation, we are submitting a fixed-fee
budget (see Table 2, “Proposed Fixed Fee Budget for SMARA Compliance,” see Attachment B, “Hourly
Breakdown of Proposed Costs”).
CITY OF AZUSA Proposal for:
ECONOMIC AND COMMUNITY DEVELOPMENT Mining Consulting Services
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This fee covers all aspects of the annual inspection, which is a review of the current status of the
operation relative to the requirements of the approved reclamation plan. Incidental costs, such as auto
mileage, per-diem, and report reproduction, are included in this fixed fee. Issues resolution is not
included in this inspection cost.
TABLE 2
PROPOSED FIXED FEE BUDGET FOR SMARA COMPLIANCE
Mine Name and ID Fixed Mine Inspections, Reporting and FACE Review
91-19-0007, CEMEX Azusa Mine $7,045.00
91-19-0035, Azusa Rock Fish Canyon Quarry $7,045.00
TOTAL: $14,090.00
Mine Name and ID Fixed Biennial Compliance Review Fee
91-19-0035 Azusa Rock Fish Canyon Quarry $2,795.00
TOTAL: $2,795.00
8.2 Planning Commission Meeting Preparation and Support
Benchmark resources will prepare for the City Planning Commission meeting by conducting the CUP
compliance review and reviewing the inspection report and FACE. We will then meet with the operator
and City staff to ensure the City is up to date regarding current mine conditions. Our staff will attend the
City Planning Commission meeting and be available to address any questions that come up regarding the
Fish Canyon mine site. See Attachment B for a task and cost breakdown for planning commission
meeting preparation and support.
8.3 Additional On-Call Services
On-call services would be completed according to determined tasks approved by the City. Invoicing
would be according to our standard rate schedule, as shown in Table 3, “Rate Schedule.” Resolution of
issues raised by SMGB staff would be accomplished on an hourly basis according to the rate schedule.
TABLE 3
RATE SCHEDULE
Item Rate
BENCHMARK RESOURCES STAFF
Principal $245/hour
Director $225/hour
Mining Engineer/Lead Inspector $180/hour
Technical staff
Analyst, CADD, GIS, field support
$125/hour
Support staff
Document control, word processing, database management
$105/hour
SUBCONSULTANTS
Hydrogeologist
Dr. Andrew Kopania, EMKO Environmental, Inc.
$200/hour
Geotechnical engineer
Ken Haskell, Golder Associates
$260/hour
CITY OF AZUSA Proposal for:
ECONOMIC AND COMMUNITY DEVELOPMENT Mining Consulting Services
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Item Rate
Soils scientist
Victor Claassen
$170/hour
EXPENDITURES
Airfare, auto rental, lodging, equipment, subconsultants, printing and
miscellaneous costs
Cost, plus 15%(1)
Report production—black and white $0.15 (letter), $0.50 (tabloid)
Report production—color $1.00 (letter), $1.50 (tabloid)
Large format printing—black and white $10 (18x24), $24 (24x36), $36 (36x48)
Large format printing—color $20 (18x24), $54 (24x36), $65 (36x48)
Auto mileage $0.56 per mile
Per diem $40.00 per day
(1) Administrative burden covers associated overhead, warranty, indemnification, insurance, and carrying costs.
9. BENCHMARK RESOURCES FEDERAL TAX IDENTIFICATION NUMBER
Benchmark Land Use Group, Inc., doing business as Benchmark Resources, is a California corporation.
We are based in Folsom, California, where all work would be performed for this contract. Our Federal
Tax ID Number is 27-2274248.
10. AGREEMENT TO TERMS AND EXCEPTIONS
Benchmark Resources has reviewed Appendix A, “Professional Services Agreement,” included in the
request for proposal. We have no exceptions to the agreement and meet or exceed all of the necessary
insurance requirements.
ATTACHMENT A
RESUMES
Andrew Heinemann
Mine Engineer/Geologist
QUALIFICATIONS SUMMARY
Mr. Heinemann is a California-registered professional geologist and has worked on mining projects in construction
aggregates, industrial minerals, and precious metals for more than 18 years. He has served as mine geologist, senior
mining engineer, and mine manager. He has managed both the development of mine plans and mine operations for
both open pit and dredge mining. Mr. Heinemann’s mine planning work has been designed to effectively comply
with reclamation, environmental, and permitting plans. He has managed the development and maintenance of
hydrogeologic studies in both open pit and underground mining operations to achieve mine plan specifications and
comply with environmental and other regulatory requirements.
Years of Professional Experience: 18
Recent Projects Responsibilities Areas of Emphasis
• SMARA Annual Mine Inspections
• Apex Mine Permit Modification
• Nelson Mine Revised Reclamation
Plan
• O’Neal water Discharge Relocation
• Brierfield Mine Grouting Project
• St. Genevieve Mining Contract
Management
• Provide detailed mine plans for
public agencies, operators, and
consultants
• Prepare and amend mine and
reclamation plans and financial
assurance documents
• Develop mining cost models and
work with mine operators to
optimize mining efficiency and
reduce mining costs
• Consultant and contractor
management
• Contract management
• Mine Plan permitted volume
modification
• Mine and reclamation
planning and FACE
modifications
• Hydrogeology, stream
discharge permitting,
consultant management
• Hydrogeology, stream
permitting
EDUCATION
B.S., Geology, California State University, Sacramento
M.E., Mining Engineering, Missouri University of Science and Technology
LICENSES
California Registered Professional Geologist License # 9171
PROFESSIONAL AFFILIATIONS
Society of Mining Metallurgy and Exploration
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David H. Sarkisian, PE, CEG
1691 Wortell Drive, Lincoln, CA 95648
(775) 671-7017 cell; (916) 543-2895 home
davesark411@yahoo.com
Professional Registrations
State of California, Professional Engineer (Civil) #72638
State of Nevada, Professional Civil Engineer #19247
State of California, Professional Geologist #6965
State of California, Certified Engineering Geologist #2183
Education
Bachelors of Science, Geology-Engineering Geology
University of California, Los Angeles, 1994
Employment History
2015 – 2016: Supervising Engineer, California Department of Water Resources (DWR),
Division of Operations and Maintenance, Civil Engineering Branch. Responsibilities include
supervision of dam safety, environmental, and recreation-related compliance issues and
correspondence for the Federal Energy Regulatory Commission (FERC) licensed projects within the
State Water Project (Oroville-Thermalito Power Complex and Southern California SWP dams),
project management and coordinator responsibilities for select civil infrastructure and dam safety-
related projects. Project Coordinator for Perris Dam Remediation, Emergency Release Facility, and
Outlet Tower Remediation project.
2011 – 2015: Senior Engineer, DWR, Division of Operations and Maintenance, Dam Safety
Branch. As Chief of the Dam Surveillance North Section, responsibilities include: supervision of
three engineers with inspection, surveillance, monitoring, and reporting efforts on thirteen State
Water Project (SWP) dams (including Oroville-Thermalito Complex dams), coordination and
execution of FERC Part 12D safety inspections and five-year Director’s Safety Review Boards for
State Water Project dams, management of numerous consultant contracts and task orders, and
planning and execution of numerous dam safety and special (dive, ROV, and rope access)
inspections. In addition, the position originates correspondence, plans, and schedules to FERC and
DSOD on dam safety compliance issues, provides technical and project support to DWR Field
Divisions, and develops, justifies, and monitors budget for Section.
2010 - 2011: Engineering Geologist, Range D, DWR, Division of Flood Management,
Levee Repairs Branch. Planned and implemented geotechnical investigations for R.D. 404 levee
repair (slurry cut-off wall) and an erosion site in R.D. 2064 (rock slope protection) on the San
Joaquin River. Authored Project Geology Report D-197 and repair alternative analysis reports.
Performed seepage and stability analyses (Seep/W and Slope/W).
2008 - 2010: Senior Engineer/Geologist, Geocon Consultants, Inc., Carson City, Nevada.
Provided geotechnical engineering and project management services on public works projects
including street rehabilitation and construction, bridges, large-diameter pipelines, pump stations,
water reservoirs, and pond embankments. Supervised quality control testing of asphalt, aggregates,
David H. Sarkisian, PE, CEG
and soil. Served as the Engineer of Record for special inspection services for reinforced concrete,
structural masonry, and structural steel construction.
1994 - 2008: Engineering Geologist to Senior Engineering Geologist, Geolabs-Westlake
Village, Westlake Village, California. Provided engineering geologic, geotechnical engineering,
and project management services throughout the duration of several large residential
developments. Performed due diligence investigations for acquisition, in addition to performing
Tentative Tract level/feasibility studies, grading plan investigations, slope stability and landslide
investigations/analyses, in-grading and construction inspection/reports, and final report
preparation. Served as direct point of contact for clients varying from public agencies, public and
private schools, commercial developers, national homebuilders, non-profit organizations, and
individual homeowners. Also served as point of contact to permitting agencies.
Applicable Technical Training and Seminars
Advanced Scheduling Techniques, PMAW Graduate Seminar, 2015
FERC Dam Safety Seminar for Part 12D Consultants and Licensees, 2015
ASCE Short Course – Earthquake Induced Ground Motions, 2014
FERC Project No. 2100 and 2426 Site Specific Security Workshops, 2014
FERC Security Program Course, 2013
FERC Risk Informed Decision Making, Workshop II, 2013
ASDSO Conduit, Valves, Gates, and Valves Technical Seminar, 2013
Project Management Applications Workshop (40hrs), 2013
FERC Risk Informed Decision Making, Workshop I, 2012
Floodplain Management Association, Levee Design Workshop, 2012
Dam Operators Training, USBR, 2011
Seismic Site Response Evaluations – AEG Short Course, 2009
Drilled Shaft Foundations, FWHA Short Course, 2009
Advanced Slope Stability, AEG Short Course, 2008
Workshop on Recommended Procedures for Implementation of DMG Special Publication 117:
Guidelines for Analyzing and Mitigating Landslide Hazards in California, Southern California
Earthquake Center, 2002
Deputy Concrete Inspection, 1998
Nuclear Gauge Safety Training/Certification, 1994
Affiliations and Positions
Member, Association of State Dam Safety Officials
Member, Association of Environmental and Engineering Geologists (AEG)
Secretary, Great Basin Section of AEG (2008-2009)
Treasurer, Great Basin Section of AEG (2009)
Select Private Consulting Project Experience
Fair Oaks Ranch, Santa Clarita, California
Over the course of 8 years, performed and supervised Tentative Tract Map and Grading Plan
Review geotechnical investigations for 2500+ Lot Master Planned Community. Total earthwork
exceeded 10,000,000 cubic yards. Performed and managed subsurface exploration and laboratory
testing plans which included over two hundred hollow-stem auger borings, one hundred large-
diameter (24-inch) bucket auger borings, three hundred test pits, and geologic mapping efforts.
Performed slope stability analyses and designed mitigation for over forty landslides through
David H. Sarkisian, PE, CEG
buttress fills, debris basins, setbacks, and complete removal and recompaction of landslide debris.
Provided geotechnical recommendations for augmented compaction criteria and settlement
monitoring of deep engineered fills. Provided recommendations for mitigation of expansive and
sulfate/sulfide-bearing soils, collapsible soils, hard rock excavation, and oversize rock placement.
Skyline Ranch Project, Santa Clarita, California
Performed and supervised Due Diligence and Tentative Tract Map geotechnical investigations for
for a 1,200+ Lot Residential Subdivision. Coordinated with environmental consultants and client to
avoid biologically sensitive areas while still acquiring necessary geologic and geotechnical data.
Developed and executed exploration and laboratory testing programs to evaluate the landslides,
settlement, rippability, stability of excavations, and suitability of on-site formations for use as
aggregate base, riprap, and bedding materials.
Friday’s Station Dam, Stateline, Nevada
Performed engineering geologic and geotechnical investigation of an earthen dam, including static
and pseudostatic slope stability analyses, seismic deformation analyses, liquefaction and seismic
settlement analyses, seepage analyses and estimates.
Blast Monitoring, Lake Sherwood, Ventura County, California
Performed pre- and post-blast inspections of residences within proximity to production blasting
associated with the excavation of volcanic bedrock for a master planned community. Collected and
reported on blast vibrations.
Slope Stability Analyses, Tract 4517, Oak Park, Ventura County
Performed rippability assessment and kinematic and limit equilibrium slope stability analyses for
natural slopes and proposed cut and fill slopes exceeding 150 feet.
Sana Monica College, Post-Northridge Earthquake Facilities Expansion: Provided
geotechnical engineering services for the design and construction the new Science, Liberal Arts,
and Theater buildings facilities following demolition of these structures due to seismic damage.
Virginia & Truckee Railroad, Phase III, Storey County, Nevada
Performed kinematic and limit equilibrium slope stability analyses for natural slopes and proposed
excavations for Phase III of the historic V&T railroad alignment with the Carson River canyon.
Performed rock fall analyses and designed rock fall mitigation measures.
Town of Minden Water Tank Project, Douglas County, Nevada. Developed a subsurface
investigation program which began with fault trenching to determine the presence of Quaternary
faults within the water tank footprint, followed by a series of hollow-stem borings to assess the
engineering characteristics of the anticipated foundational materials. Performed slope stability,
bearing capacity, and settlement analyses in association with the preparation of the final
geotechnical report and recommendations.
Materials Testing Services, Kingsbury General Improvement District, Nevada
Provided materials testing services for roadway rehabilitation project. Included testing and
qualification of quarry sources, sampling and laboratory testing of as-placed utility bedding,
aggregate base and asphalt, and field density testing.
David H. Sarkisian, PE, CEG
Storey County Jail Expansion, Storey County, Nevada
Performed geologic mapping and geotechnical investigation for proposed expansion of the Storey County
Jail. Provided recommendations for mitigation of corrosive tailing soils from historic mining operations.
Minden-Gardnerville Sanitation District Effluent Ponds, Douglas County, Nevada.
Performed engineering geologic and geotechnical investigation of an earthen pond embankment retaining
treated sewer effluent, including static and pseudostatic slope stability analyses, and liquefaction and
seismic settlement analyses; provided recommendations for the replacement of an existing 24” diameter
effluent pipeline within the embankment.
Genoa Fault Investigation, Tahoe Golf Club, Douglas County, Nevada
Performed fault trench investigation of active traces of the Genoa fault for development of structural
setbacks.
Moorpark Highlands Community, Moorpark California
Performed geotechnical and engineering geologic investigations for this 500-lot master planned community
and golf course. Included landslide and fault investigations, and development of recommendations for
mitigation of expansive soils, settlement of deep fills, and hydroconsolidation of deep alluvium.
Phoenix Realty Group, Due Diligence Geotechnical Investigations, California
Performed due diligence-level geotechnical investigations for real estate acquisitions, provided risk
assessments and feasibility assessments of proposed developments.
Tract 52790, Sand Canyon Road, Los Angeles County, California
Performed geotechnical investigation for 1.5 million cubic yard residential development and related
infrastructure. Included limit equilibrium slope stability analyses and landslide mitigation.
Del Sur Ranch, Lancaster, California
Performed Due Diligence geotechnical investigation for a 2,000-unit development. Addressed subsidence
due to groundwater withdrawls/pumping, the potential for ground fissures and sinkholes, and
hydroconsolidation of near surface soils.
Miscellaneous Street Improvement Projects, Carson City, Nevada
Performed pavement surveys and developed recommendations for rehabilitation of pavement sections,
followed by material testing during street repairs.
US Parkway/Interstate 80 Bridge, Fernley, Nevada
Performed geotechnical investigation for bridge design and construction in accordance with Nevada
Department of Transportation standards, provided on-call geotechnical consulting services during bridge
construction.
David Brown
Principal
QUALIFICATIONS SUMMARY
David Brown is a principal at Benchmark Resources who has more than 30 years of experience as a multidisciplinary
environmental planner and CEQA and SMARA expert specializing in the acquisition of federal, state, and local agency
land use permits and other entitlements. Mr. Brown has served as the principal, project manager, and primary author
of scores of environmental documents. Mr. Brown is experienced in a wide range of public works and development
projects including general industrial uses, solid waste landfills, mining, transmission lines, and commercial and
residential developments. He has managed projects requiring preparation of technical resource evaluation
documents, development of design plans, and development of strategies for permitting and environmental
compliance. Mr. Brown is a specialist in documentation, regulatory compliance, and permitting for mineral resource
development and provides oversight and strategic planning for Benchmark Resources’ environmental review
projects.
Years of Professional Experience: 30
Recent Projects Responsibilities Areas of Emphasis
• Stevens Creek Quarry Reclamation
Plan Amendment
• SMARA Annual Mine Inspections
• Otay Valley Rock Reclamation Plan
Amendment
• Homestake Tailings Impoundment
Facility Application Package and
Reclamation Plan Amendment
• Carmelita Project Application
Package and Initial Environmental
Assessment
• Teichert Quarry EIR
• Contracts
• SMARA/Reclamation Plans
• Resource Investigations
• Quarry and Reclamation Plan
Development
• Application Development &
Technical Report Review
• Meeting and Hearing
Presentations
• Early Environmental
Assessment and Constraints
Analysis
• Quarry and Reclamation Plan
Design
• Project and Operations
Description
• Reclamation Planning
• Aesthetics and Visual
Resources
• Hydrology and Water Quality
EDUCATION
M.S., Geography, University of California, Riverside
B.S., Geography, University of California, Riverside
PROFESSIONAL AFFILIATIONS
American Society for Surface Mining and Reclamation
California Construction and Industrial Materials Association (CalCIMA)
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ATTACHMENT B
HOURLY BREAKDOWN OF PROPOSED COSTS
COST CATEGORYEXPENSESPrincipal(hrs)Mine Engineer (hrs)Graphics Specialist(hrs)Document Specialist (hrs)Expenses (i.e. airfare, per diem)TASK AND SUBTASK$245 $180 $105 $105 Hours Costs($)Task 1: Prepare and submit notification letter to Operators2.0 2.0 4.0 $570.00 $570.00Task 2: Schedule inspections with Operators2.0 2.0 $360.00 $360.00Task 3: Conduct on site mine inspections10.0 10.0 $1,800.00 $1,800.00Task 4: Review FACE documents and provide recommendations to City for approval or rejection1.0 16.0 4.0 21.0 $3,550.00 $3,550.00Task 5: Complete Final MRRC-11.0 16.0 8.0 4.0 29.0 $4,390.00 $4,390.00Task 6: Prepare and submit FACE approval/rejection letters for Operators4.0 4.0 8.0 $1,140.00 $1,140.00Task 7: Prepare submittal letters for MRRC-1 submittal to DMR and Operators4.0 4.0 8.0 $1,140.00 $1,140.00Task 8: Prepare and submit FAM update letters to Operators4.0 4.0 8.0 $1,140.00 $1,140.00TASK SUBTOTAL 2.0 58.0 8.0 22.0 90.0 $14,190.00 $0 $14,090.00$7,045.00Task 1: Review compliance report submitted by Operator3.0 3.0 $540.00 $540.00Task 2: Compliance review interview with Operator2.0 2.0 $360.00 $360.00Task 3: Provide final compliance review report to City1.0 8.0 2.0 11.0 $1,895.00 $1,895.00TASK SUBTOTAL 1.0 13.0 0.0 2.0 16.0 $2,895.00 $0 $2,795.00Task 1: Review all documentation (mine inspection reports, FACE and FAM documents, Compliance Review Reports).3.0 3.0 $540.00 $540.00Task 2: Conduct meetings with both Operator and City regarding current conditions. 1.0 2.0 3.0 $605.00 $605.00Task 3: Attend Planning Commission Meeting and provide support. Answer any questions regarding the mine site. 12.0 12.0 $2,160.00 $550 $2,710.00TASK SUBTOTAL 1.0 17.0 0.0 0.0 18.0 $3,405.00 $550 $3,855.00$20,740.00ATTACHMENT BCITY OF AZUSA PROPOSAL FOR MINING CONSULTING SERVICESHOURLY BREAKDOWN OF PROPOSED COSTSPROPOSED COSTS($)LABORLABORSUBTOTALMINE INSPECTIONS, REPORTING AND FACE REVIEWBIENNIAL COMPLIANCE REVIEW - AZUSA ROCK (FISH CANYON)PLANNING COMMISSION HEARINGGRAND TOTAL:Cost Per Site:
2515 East Bidwell Street
Folsom, California 95630
P: 916.983.9193 | F: 916.983.9194
www.benchmarkresources.net
CITY OF AZUSA
PROFESSIONAL SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this 6th day of November, 2017 by and between
the City of Azusa, a municipal corporation organized under the laws of the State of California
with its principal place of business at 213 East Foothill Boulevard, Azusa, California 91702
(“City”) and Benchmark Resources, a Limited Liability Company with its principal place of
business at 2515 East Bidwell Street Folsom, CA 95630 (“Consultant”). City and Consultant are
sometimes individually referred to herein as “Party” and collectively as “Parties.”
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain
professional services required by the City on the terms and conditions set forth in this
Agreement. Consultant represents that it is experienced in providing mining consultant services
to public clients, is licensed in the State of California, and is familiar with the plans of City.
2.2 Project.
City desires to engage Consultant to render such services for the Vulcan Materials Azusa
Rock Fish Cayon Quarry and Cemex Construction Materials Mine Azusa Quarry project
(“Project”) as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to
the City all labor, materials, tools, equipment, services, and incidental and customary work
necessary to fully and adequately supply the professional mining consulting services necessary
for the Project (“Services”). The Services are more particularly described in Exhibit “A”
attached hereto and incorporated herein by reference. All Services shall be subject to, and
performed in accordance with, this Agreement, the exhibits attached hereto and incorporated
herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from November 6, 2017 to
November 6, 2020, unless earlier terminated as provided herein. Consultant shall complete the
Services within the term of this Agreement, and shall meet any other established schedules and
deadlines. The Parties may, by mutual written consent, extend the term of this Agreement if
necessary to complete the Services.
3.2 Responsibilities of Consultant.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The
Services shall be performed by Consultant or under its supervision. Consultant will determine
Attachment 2
Professional Service Agreement for Benchmark Resources
Page 2 of 17
the means, methods and details of performing the Services subject to the requirements of this
Agreement. City retains Consultant on an independent contractor basis and not as an employee.
Consultant retains the right to perform similar or different services for others during the term of
this Agreement. Any additional personnel performing the Services under this Agreement on
behalf of Consultant shall also not be employees of City and shall at all times be under
Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other
amounts due such personnel in connection with their performance of Services under this
Agreement and as required by law. Consultant shall be responsible for all reports and
obligations respecting such additional personnel, including, but not limited to: social security
taxes, income tax withholding, unemployment insurance, disability insurance, and workers’
compensation insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services
expeditiously, within the term of this Agreement, and in accordance with the Schedule of
Services set forth in Exhibit “B” attached hereto and incorporated herein by reference.
Consultant represents that it has the professional and technical personnel required to perform the
Services in conformance with such conditions. In order to facilitate Consultant’s conformance
with the Schedule, City shall respond to Consultant’s submittals in a timely manner. Upon
request of City, Consultant shall provide a more detailed schedule of anticipated performance to
meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by
Consultant shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel. Consultant has represented to City that
certain key personnel will perform and coordinate the Services under this Agreement. Should
one or more of such personnel become unavailable, Consultant may substitute other personnel of
at least equal competence upon written approval of City. In the event that City and Consultant
cannot agree as to the substitution of key personnel, City shall be entitled to terminate this
Agreement for cause. As discussed below, any personnel who fail or refuse to perform the
Services in a manner acceptable to the City, or who are determined by the City to be
uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a
threat to the safety of persons or property, shall be promptly removed from the Project by the
Consultant at the request of the City. The key personnel for performance of t his Agreement are
as follows: David E. Brown and Andrew Hienemann
3.2.5 City’s Representative. The City hereby designates Kurt Christiansen,
FAICP Director of Economic and Community Development or his or her designee, to act as its
representative for the performance of this Agreement (“City’s Representative”). City’s
Representative shall have the power to act on behalf of the City for all purposes under this
Contract. Consultant shall not accept direction or orders from any person other than the City’s
Representative or his or her designee.
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3.2.6 Consultant’s Representative. Consultant hereby designates David E.
Brown and Andrew Hienemann, or his/her designee, to act as its representative for the
performance of this Agreement (“Consultant’s Representative”). Consultant’s Representative
shall have full authority to represent and act on behalf of the Consultant for all purposes under
this Agreement. The Consultant’s Representative shall supervise and direct the Services, using
his/her best skill and attention, and shall be responsible for all means, methods, techniques,
sequences and procedures and for the satisfactory coordination of all portions of t he Services
under this Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with City
staff in the performance of Services and shall be available to City’s staff, consultants and other
staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees. Consultant shall perform
all Services under this Agreement in a skillful and competent manner, consistent with the
standards generally recognized as being employed by professionals in the same discipline in the
State of California. Consultant represents and maintains that it is skilled in the professional
calling necessary to perform the Services. Consultant warrants that all employees and
subcontractors shall have sufficient skill and experience to perform the Services assigned to
them. Finally, Consultant represents that it, its employees and subcontractors have all licenses,
permits, qualifications and approvals of whatever nature that are legally required to perform the
Services, including a City Business License, and that such licenses and approvals shall be
maintained throughout the term of this Agreement. As provided for in the indemnification
provisions of this Agreement, Consultant shall perform, at its own cost and expense and without
reimbursement from the City, any services necessary to correct errors or omissions which are
caused by the Consultant’s failure to comply with the standard of care provided for herein. Any
employee of the Consultant or its sub-consultants who is determined by the City to be
uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat
to the safety of persons or property, or any employee who fails or refuses to perform the Services
in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant
and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.9 Period of Performance Consultant shall perform and complete all Services
under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”).
Consultant shall also perform the Services in strict accordance with any completion schedule or
Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately
agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant
agrees that if the Services are not completed within the aforementioned Performance Time
and/or pursuant to any such Project Milestones developed pursuant to provisions of this
Agreement, it is understood, acknowledged and agreed that the City will suffer damage.
3.2.10 Laws and Regulations; Employee/Labor Certifications. Consultant shall
keep itself fully informed of and in compliance with all local, state and federal laws, rules and
regulations in any manner affecting the performance of the Project or the Services, including all
Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable
for all violations of such laws and regulations in connection with Services. If the Consultant
performs any work knowing it to be contrary to such laws, rules and regulations and without
giving written notice to the City, Consultant shall be solely responsible for all costs arising
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therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers,
employees and agents free and harmless, pursuant to the indemnification provisions of this
Agreement, from any claim or liability arising out of any failure or alleged failure to comply
with such laws, rules or regulations.
3.2.10.1 Employment Eligibility; Consultant. By executing this
Agreement, Consultant verifies that it fully complies with all requirements and restrictions of
state and federal law respecting the employment of undocumented aliens, including, but not
limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to
time. Such requirements and restrictions include, but are not limited to, examination and
retention of documentation confirming the identity and immigration status of each employee of
the Consultant. Consultant also verifies that it has not committed a violation of any such law
within the five (5) years immediately preceding the date of execution of this Agreement, and
shall not violate any such law at any time during the term of the Agreement. Consultant shall
avoid any violation of any such law during the term of this Agreement by participating in an
electronic verification of work authorization program operated by the United States Department
of Homeland Security, by participating in an equivalent federal work authorization program
operated by the United States Department of Homeland Security to verify information of newly
hired employees, or by some other legally acceptable method. Cons ultant shall maintain records
of each such verification, and shall make them available to the City or its representatives for
inspection and copy at any time during normal business hours. The City shall not be responsible
for any costs or expenses related to Consultant’s compliance with the requirements provided for
in Section 3.2.10 or any of its sub-sections.
3.2.10.2 Employment Eligibility; Subcontractors, Consultants, Sub-
subcontractors and Subconsultants. To the same extent and under the same conditions as
Consultant, Consultant shall require all of its subcontractors, consultants, sub-subcontractors and
subconsultants performing any work relating to the Project or this Agreement to make the same
verifications and comply with all requirements and restrictions provided for in Section 3.2.10.1.
3.2.10.3 Employment Eligibility; Failure to Comply. Each person
executing this Agreement on behalf of Consultant verifies that they are a duly authorized officer
of Consultant, and understands that any of the following shall be grounds for the City to
terminate the Agreement for cause: (1) failure of Consultant or its subcontractors, consultants,
sub-subcontractors or subconsultants to meet any of the requirements provided for in Sections
3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with
such requirements (including in those verifications provided to the Consultant under Section
3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in
compliance with such requirements.
3.2.10.4 Labor Certification. By its signature hereunder, Consultant
certifies that it is aware of the provisions of Section 3700 of the California Labor Code which
require every employer to be insured against liability for Workers’ Compensation or to undertake
self-insurance in accordance with the provisions of that Code, and agrees to comply with such
provisions before commencing the performance of the Services.
3.2.10.5 Equal Opportunity Employment. Consultant represents
that it is an equal opportunity employer and it shall not discriminate against any subconsultant,
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employee or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities
related to initial employment, upgrading, demotion, transfer, recruitment or recruitment
advertising, layoff or termination. Consultant shall also comply with all relevant provisions of
City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs
or guidelines currently in effect or hereinafter enacted.
3.2.10.6 Air Quality. To the extent applicable, Consultant must
fully comply with all applicable laws, rules and regulations in furnishing or using equipment
and/or providing services, including, but not limited to, emissions limits and permitting
requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or
California Air Resources Board (CARB). Although the SCAQMD and CARB limits and
requirements are more broad, Consultant shall specifically be aware of their application to
"portable equipment", which definition is considered by SCAQMD and CARB to include any
item of equipment with a fuel-powered engine. Consultant shall indemnify City against any
fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory
agency for violations of applicable laws, rules and/or regulations by Consultant, its
subconsultants, or others for whom Consultant is responsible under its indemnity obligations
provided for in this Agreement.
3.2.10.7 Water Quality.
(A) Management and Compliance. To the extent applicable,
Consultant’s Services must account for, and fully comply with, all local, state and federal laws,
rules and regulations that may impact water quality compliance, including, without limitation, all
applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the
California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws,
rules and regulations of the Environmental Protection Agency, the State Water Resources
Control Board and the Santa Ana Regional Water Quality Control Board; the City’s ordinances
regulating discharges of storm water; and any and all regulations, policies, or permits issued
pursuant to any such authority regulating the discharge of pollutants, as that term is used in the
Porter-Cologne Water Quality Control Act, to any ground or surface water in the State.
(B) Liability for Non-compliance. Failure to comply with the
laws, regulations and policies described in this Section is a violation of law that may subject
Consultant or City to penalties, fines, or additional regulatory requirements. Consultant shall
defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and
agents free and harmless, pursuant to the indemnification provisions of this Agreement, from and
against any and all fines, penalties, claims or other regulatory requirements imposed as a result
of Consultant’s non-compliance with the laws, regulations and policies described in this Section,
unless such non-compliance is the result of the sole established negligence, willful misconduct or
active negligence of the City, its officials, officers, agents, employees or authorized volunteers.
(C) Training. In addition to any other standard of care
requirements set forth in this Agreement, Consultant warrants that all employees and
subcontractors shall have sufficient skill and experience to perform the Services assigned to them
without impacting water quality in violation of the laws, regulations and policies described in
this Section. Consultant further warrants that it, its employees and subcontractors will receive
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adequate training, as determined by City, regarding the requirements of the laws, regulations and
policies described in this Section as they may relate to the Services provided under this
Agreement. Upon request, City will provide Consultant with a list of training programs that
meet the requirements of this paragraph.
3.2.11 Insurance.
3.2.11.1 Time for Compliance. Consultant shall not commence
Services under this Agreement until it has provided evidence satisfactory to the City that it has
secured all insurance required under this section. In addition, Consultant shall not allow any
subcontractor to commence work on any subcontract until it has provided evidence satisfactory
to the City that the subcontractor has secured all insurance required under this section.
3.2.11.2 Minimum Requirements. Consultant shall, at its expense,
procure and maintain for the duration of the Agreement insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the performance of
the Agreement by the Consultant, its agents, representatives, employees or subcontractors.
Consultant shall also require all of its subcontractors to procure and maintain the same insurance
for the duration of the Agreement. Such insurance shall meet at least the following minimum
levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as
broad as the latest version of the following: (1) General Liability: Insurance Services Office
Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:
Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto);
and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as
required by the State of California and Employer’s Liability Insurance. The policy shall not
contain any exclusion contrary to the Agreement, including but not limited to endorsements or
provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24
26 or 21 29); or (2) cross liability for claims or suits by one insured against another.
(B) Minimum Limits of Insurance. Consultant shall maintain
limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal
injury and property damage. If Commercial General Liability Insurance or other form with
general aggregate limit is used including, but not limited to, form CG 2503, either the general
aggregate limit shall apply separately to this Agreement/location or the general aggregate limit
shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident
for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s
Liability: Workers’ Compensation limits as required by the Labor Code of the State of
California. Employer’s Liability limits of $1,000,000 per accident for bodily injury or disease.
Defense costs shall be paid in addition to the limits.
(C) Notices; Cancellation or Reduction of Coverage. At least
fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance
coverage has been renewed or extended shall be filed with the City. If such coverage is
cancelled or materially reduced, Consultant shall, within ten (10) days after receipt of written
notice of such cancellation or reduction of coverage, file with the City evidence of insurance
showing that the required insurance has been reinstated or has been provided through another
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insurance company or companies. In the event any policy of insurance required under this
Agreement does not comply with these specifications or is canceled and not replaced, the City
has the right but not the duty to obtain the insurance it deems necessary and any premium paid
by the City will be promptly reimbursed by Consultant or the City may withhold amounts
sufficient to pay premium from Consultant payments. In the alternative, the City may suspend or
terminate this Agreement.
3.2.11.3 Professional Liability. Consultant shall procure and
maintain, and require its sub-consultants to procure and maintain, for a period of five (5) years
following completion of the Project, errors and omissions liability insurance appropriate to their
profession. Such insurance shall be in an amount not less $1,000,000 per claim, and shall be
endorsed to include contractual liability. Defense costs shall be paid in addition to limits.
3.2.11.4 Insurance Endorsements. The insurance policies shall
contain the following provisions, or Consultant shall provide endorsements on forms supplied or
approved by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall include
or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or
endorsements providing the exact same coverage, the City of Azusa, its directors, officials,
officers, employees, agents and volunteers shall be covered as additional insured with respect to
the Services or ongoing and complete operations performed by or on behalf of the Consultant,
including materials, parts or equipment furnished in connection with such work; and (2) using
ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage
shall be primary insurance as respects the City, its directors, officials, officers, employees, agents
and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the
Consultant’s scheduled underlying coverage. Any excess insurance shall contain a provision that
such coverage shall also apply on a primary and noncontributory basis for the benefit of the City,
before the City’s own primary insurance or self-insurance shall be called upon to protect it as a
named insured. Any insurance or self-insurance maintained by the City, its directors, officials,
officers, employees, agents and volunteers shall be excess of the Consultant’s insurance and shall
not be called upon to contribute with it in any way. Notwithstanding the minimum limits set
forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified
minimum limits of coverage shall be available to the parties required to be named as additional
insureds pursuant to this Section 3.2.11.4(A).
(B) Automobile Liability. The automobile liability policy shall
include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers,
employees, agents and volunteers shall be covered as additional insureds with respect to the
ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or
borrowed by the Consultant or for which the Consultant is responsible; and (2) the insurance
coverage shall be primary insurance as respects the City, its directors, officials, officers,
employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage
excess of the Consultant’s scheduled underlying coverage. Any insurance or self-insurance
maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be
excess of the Consultant’s insurance and shall not be called upon to contribute with it in any
way. Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available
insurance proceeds in excess of the specified minimum limits of coverage shall be available to
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the parties required to be named as additional insureds pursuant to this Section 3.2.11.4(B).
(C) Workers’ Compensation and Employers’ Liability
Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors,
officials, officers, employees, agents and volunteers for losses paid under the terms of the
insurance policy which arise from work performed by the Consultant.
(D) All Coverages. Each insurance policy required by this
Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced
or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written
notice by certified mail, return receipt requested, has been given to the City; and (B) any failure
to comply with reporting or other provisions of the policies, including breaches of warranties,
shall not affect coverage provided to the City, its directors, officials, officers, employees, agents
and volunteers. Any failure to comply with reporting or other provisions of the policies
including breaches of warranties shall not affect coverage provided to the City, its officials,
officers, employees, agents and volunteers, or any other additional insureds.
3.2.11.5 Separation of Insureds; No Special Limitations; Waiver of
Subrogation. All insurance required by this Section shall contain standard separation of insureds
provisions. In addition, such insurance shall not contain any special limitations on the scope of
protection afforded to the City, its directors, officials, officers, employees, agents and volunteers.
All policies shall waive any right of subrogation of the insurer against the City, its officials,
officers, employees, agents, and volunteers, or any other additional insureds, or shall specifically
allow Consultant or others providing insurance evidence in compliance with these specifications
to waive their right of recovery prior to a loss. Consultant hereby waives its own right of
recovery against City, its officials, officers, employees, agents, and volunteers, or any other
additional insureds, and shall require similar written express waivers and insurance clauses from
each of its subconsultants.
3.2.11.6 Deductibles and Self-Insurance Retentions. Any
deductibles or self-insured retentions must be declared to and approved by the City. Consultant
shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate
such deductibles or self-insured retentions as respects the City, its directors, officials, officers,
employees, agents and volunteers; or (2) the Consultant shall procure a bond guaranteeing
payment of losses and related investigation costs, claims and administrative and defense
expenses.
3.2.11.7 Subconsultant Insurance Requirements. Consultant shall
not allow any subconsultants to commence work on any subcontract relating to the work under
the Agreement until they have provided evidence satisfactory to the City that they have secured
all insurance required under this Section. If requested by Consultant, the City may approve
different scopes or minimum limits of insurance for particular subconsultants. The Consultant
and the City shall be named as additional insureds on all subconsultants’ policies of Commercial
General Liability using ISO form 20 38, or coverage at least as broad.
3.2.11.8 Acceptability of Insurers. Insurance is to be placed with
insurers with a current A.M. Best’s rating no less than A:VIII, licensed to do business in
California, and satisfactory to the City.
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3.2.11.9 Verification of Coverage. Consultant shall furnish City
with original certificates of insurance and endorsements effecting coverage required by this
Agreement on forms satisfactory to the City. The certificates and endorsements for each
insurance policy shall be signed by a person authorized by that insurer to bind coverage on its
behalf, and shall be on forms provided by the City if requested. All certificates and
endorsements must be received and approved by the City before work commences. The City
reserves the right to require complete, certified copies of all required insurance policies, at any
time.
3.2.11.9 Reporting of Claims. Consultant shall report to the City, in
addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in
connection with the Services under this Agreement.
3.2.12 Safety. Consultant shall execute and maintain its work so as to avoid
injury or damage to any person or property. In carrying out its Service s, the Consultant shall at
all times be in compliance with all applicable local, state and federal laws, rules and regulations,
and shall exercise all necessary precautions for the safety of employees appropriate to the nature
of the work and the conditions under which the work is to be performed. Safety precautions as
applicable shall include, but shall not be limited to: (A) adequate life protection and life saving
equipment and procedures; (B) instructions in accident prevention for all employees and
subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks,
confined space procedures, trenching and shoring, equipment and other safety devices,
equipment and wearing apparel as are necessary or lawfully required to prevent accidents or
injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety
measures.
3.2.13 Accounting Records. Consultant shall maintain complete and accurate
records with respect to all costs and expenses incurred under this Agreement. All such records
shall be clearly identifiable. Consultant shall allow a representative of City during normal
business hours to examine, audit, and make transcripts or copies of such records and any other
documents created pursuant to this Agreement. 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 under this Agreement.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including
authorized reimbursements, for all Services rendered under this Agreement at the rates set forth
in Exhibit “A” attached hereto and incorporated herein by reference. The total compensation
shall not exceed ($24,000.00) without written approval of the City Manager. Extra Work may
be authorized, as described below, and if authorized, will be compensated at the rates and
manner set forth in this Agreement.
3.3.2 Payment of Compensation. Consultant shall submit to City a monthly
itemized statement which indicates work completed and hours of Services rendered by
Consultant. The statement shall describe the amount of Services and supplies provided since the
initial commencement date, or since the start of the subsequent billing periods, as appropriate,
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through the date of the statement. City shall, within 45 days of receiving such statement, review
the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any
expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the term of this Agreement, City may
request that Consultant perform Extra Work. As used herein, “Extra Work” means any work
which is determined by City to be necessary for the proper completion of the Project, but which
the parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without written authorization
from City’s Representative.
3.3.5 Prevailing Wages. Consultant is aware of the requirements of California
Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations,
Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of
prevailing wage rates and the performance of other requirements on “public works” and
“maintenance” projects. If the Services are being performed as part of an applicable “public
works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total
compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage
Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in
effect at the commencement of this Agreement. Consultant shall make copies of the prevailing
rates of per diem wages for each craft, classification or type of worker needed to execute the
Services available to interested parties upon request, and shall post copies at the Consultant’s
principal place of business and at the project site. Consultant shall defend, indemnify and hold
the City, its elected officials, officers, employees and agents free and harmless from any claim or
liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.4 Termination of Agreement.
3.4.1 Grounds for Termination. City may, by written notice to Consultant,
terminate the whole or any part of this Agreement at any time and without cause by giving
written notice to Consultant of such termination, and specifying the effective date thereof, at
least seven (7) days before the effective date of such termination. Upon termination, Consultant
shall be compensated only for those services which have been adequately rendered to City, and
Consultant shall be entitled to no further compensation. Consultant may not terminate this
Agreement except for cause.
3.4.2 Effect of Termination. If this Agreement is terminated as provided herein,
City may require Consultant to provide all finished or unfinished Documents and Data and other
information of any kind prepared by Consultant in connection with the performance o f Services
under this Agreement. Consultant shall be required to provide such document and other
information within fifteen (15) days of the request.
3.4.3 Additional Services. In the event this Agreement is terminated in whole
or in part as provided herein, City may procure, upon such terms and in such manner as it may
determine appropriate, services similar to those terminated.
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3.5 Ownership of Materials and Confidentiality.
3.5.1 Documents & Data; Licensing of Intellectual Property. This Agreement
creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense
any and all copyrights, designs, and other intellectual property embodied in plans, specifications,
studies, drawings, estimates, and other documents or works of authorship fixed in any tangible
medium of expression, including but not limited to, physical drawings or data magnetically or
otherwise recorded on computer diskettes, which are prepared or caused to be prepared by
Consultant under this Agreement (“Documents & Data”). All Documents & Data shall be and
remain the property of City, and shall not be used in whole or in substantial part by Consultant
on other projects without the City's express written permission. Within thirty (30) days
following the completion, suspension, abandonment or termination of this Agreement,
Consultant shall provide to City reproducible copies of all Documents & Data, in a form and
amount required by City. City reserves the right to select the method of document reproduction
and to establish where the reproduction will be accomplished. The reproduction expense shall be
borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of
compensation to which the Consultant is entitled under the termination provisions of this
Agreement, Consultant shall provide all Documents & Data to City upon payment of the
undisputed amount. Consultant shall have no right to retain or fail to provide to City any such
documents pending resolution of the dispute. In addition, Consultant shall retain copies of all
Documents & Data on file for a minimum of fifteen (15) years following completion of the
Project, and shall make copies available to City upon the payment of actual reasonable
duplication costs. Before destroying the Documents & Data following this retention period,
Consultant shall make a reasonable effort to notify City and provide City with the opportunity to
obtain the documents.
3.5.2 Subcontractors. Consultant shall require all subcontractors to agree in
writing that City is granted a non-exclusive and perpetual license for any Documents & Data the
subcontractor prepares under this Agreement. Consultant represents and warrants that
Consultant has the legal right to license any and all Documents & Data. Consultant makes no
such representation and warranty in regard to Documents & Data which were prepared by design
professionals other than Consultant or its subcontractors, or those provided to Consultant by the
City.
3.5.3 Right to Use. City shall not be limited in any way in its use or reuse of the
Documents and Data or any part of them at any time for purposes of this Project or another
project, provided that any such use not within the purposes intended by this Agreement or on a
project other than this Project without employing the services of Consultant shall be at City’s
sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it
shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless
Consultant and its officers, directors, agents and employees from claims arising out of the
negligent use or re-use of the Documents & Data on such other project. Consultant shall be
responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only
with respect to the condition of the Documents & Data at the time they are provided to the City
upon completion, suspension, abandonment or termination. Consultant shall not be responsible
or liable for any revisions to the Documents & Data made by any party other than Consultant, a
party for whom the Consultant is legally responsible or liable, or anyone approved by the
Consultant.
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3.5.4 Indemnification. Consultant shall defend, indemnify and hold the City, its
directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the
indemnification provisions of this Agreement, for any alleged infringement of any patent,
copyright, trade secret, trade name, trademark, or any other proprietary right of any person or
entity in consequence of the use on the Project by City of the Documents & Data, including any
method, process, product, or concept specified or depicted.
3.5.5 Confidentiality. All Documents & Data either created by or provided to
Consultant in connection with the performance of this Agreement shall be held confidential by
Consultant. All Documents & Data shall not, without the prior written consent of City, be used
or reproduced by Consultant for any purposes other than the performance of the Services.
Consultant shall not disclose, cause or facilitate the disclosure of the Documents & Data to any
person or entity not connected with the performance of the Services or the Project. Nothing
furnished to Consultant which is otherwise known to Consultant or is generally known, or has
become known, to the related industry shall be deemed confidential. Consultant shall not use
City’s name or insignia, photographs of the Project, or any publicity pertaining to the Services or
the Project in any magazine, trade paper, newspaper, television or radio production or other
similar medium without the prior written consent of City.
3.6 General Provisions.
3.6.1 Delivery of Notices. All notices permitted or required under this
Agreement shall be given to the respective parties at the following address, or at such other
address as the respective parties may provide in writing for this purpose:
Consultant:
David E. Brown
Andrew Heinemann
Benchmark Resources
2515 East Bidwell Street
Folsom, CA 95630
City:
City of Azusa
213 E. Foothill Blvd.
Azusa, CA 91702
Attn: Kurt Christansen
Such notice shall be deemed made when personally delivered or when mailed,
forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to
the party at its applicable address. Actual notice shall be deemed adequate notice on the date
actual notice occurred, regardless of the method of service.
3.6.2 Indemnification.
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3.6.2.1 Scope of Indemnity. To the fullest extent permitted by law,
Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees,
volunteers and agents free and harmless from any and all claims, demands, causes of action,
costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or
persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any
alleged acts, errors or omissions of Consultant, its officials, officers, employees, subcontractors,
consultants or agents in connection with the performance of the Consultant’s Services, the
Project or this Agreement, including without limitation the payment of all consequential
damages, expert witness fees and attorneys fees and other related costs and expenses.
Notwithstanding the foregoing, to the extent Consultant's Services are subject to Civil Code
Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code
Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or
willful misconduct of the Consultant.
3.6.2.2 Additional Indemnity Obligations. Consultant shall defend, with
legal counsel chosen by City, at Consultant’s own cost, expense and risk, any and all claims,
actions or other proceedings of every kind covered by Section 3.6.2.1 that may be brought or
instituted against City or its directors, officials, officers, employees, volunteers and agents.
Consultant shall pay and satisfy any judgment, award or decree that may be rendered against
City or its directors, officials, officers, employees, volunteers and agents as party of any such
claim, suit, action or other proceeding. Consultant shall also reimburse City for the cost of any
settlement paid by City or its directors, officials, officers, employees, agents, or volunteers as
part of any such claim, suit, action or other proceeding. Such reimbursement shall include
payment for City’s attorneys’ fees and costs, including expert witness fees. Co nsultant shall
reimburse City and its directors, officials, officers, employees, agents, and/or volunteers, for any
and all legal expenses and costs incurred by each of them in connection therewith or in enforcing
the indemnity herein provided. Consultant’s obligation to indemnify shall survive expiration or
termination of this Agreement and shall not be restricted to insurance proceeds, if any, received
by the City, its directors, officials officers, employees, agents, or volunteers.
3.6.3 Governing Law; Government Code Claim Compliance. This Agreement
shall be governed by the laws of the State of California. Venue shall be in Los Angeles County.
In addition to any and all contract requirements pertaining to notices of and requests for
compensation or payment for extra work, disputed work, claims and/or changed conditions,
Consultant must comply with the claim procedures set forth in Government Code sections 900 et
seq. prior to filing any lawsuit against the City. Such Government Code claims and any
subsequent lawsuit based upon the Government Code claims shall be limited to those matters
that remain unresolved after all procedures pertaining to extra work, disputed work, claims,
and/or changed conditions have been followed by Consultant. If no such Government Code
claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as
specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit
against the City.
3.6.4 Time of Essence. Time is of the essence for each and every provision of
this Agreement.
3.6.5 City’s Right to Employ Other Consultants. City reserves right to employ
other consultants in connection with this Project.
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3.6.6 Successors and Assigns. This Agreement shall be binding on the
successors and assigns of the parties.
3.6.7 Assignment or Transfer. Consultant shall not assign, hypothecate, or
transfer, either directly or by operation of law, this Agreement or any interest herein without the
prior written consent of the City. Any attempt to do so shall be null and void, and any assignees,
hypothecates or transferees shall acquire no right or interest by reason of such attempted
assignment, hypothecation or transfer.
3.6.8 Construction; References; Captions. Since the Parties or their agents have
participated fully in the preparation of this Agreement, the language of this Agreement shall be
construed simply, according to its fair meaning, and not strictly for or against any Party. Any
term referencing time, days or period for performance shall be deemed calendar days and not
work days. All references to Consultant include all personnel, employees, agents, and
subcontractors of Consultant, except as otherwise specified in this Agreement. All references to
City include its elected officials, officers, employees, agents, and volunteers except as otherwise
specified in this Agreement. The captions of the various articles and paragraphs are for
convenience and ease of reference only, and do not define, limit, augment, or describe the scope,
content, or intent of this Agreement.
3.6.9 Amendment; Modification. No supplement, modification, or amendment
of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.6.10 Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party any
contractual rights by custom, estoppel, or otherwise.
3.6.11 No Third Party Beneficiaries. Except to the extent expressly provided for
in Section 3.6.7, there are no intended third party beneficiaries of any right or obligation assumed
by the Parties.
3.6.12 Invalidity; Severability. If any portion of this Agreement is declared
invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions shall continue in full force and effect.
3.6.13 Prohibited Interests. Consultant maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working solely
for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not
paid nor has it agreed to pay any company or person, other than a bona fide employee working
solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. Consultant further
agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic
Interest with the City’s Filing Officer as required under state law in the performance of the
Services. For breach or violation of this warranty, City shall have the right to rescind this
Agreement without liability. For the term of this Agreement, no member, officer or employee of
City, during the term of his or her service with City, shall have any direct interest in this
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Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.6.14 Cooperation; Further Acts. The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be necessary,
appropriate or convenient to attain the purposes of this Agreement.
3.6.15 Attorney’s Fees. If either party commences an action against the other
party, either legal, administrative or otherwise, arising out of or in connection with this
Agreement, the prevailing party in such litigation shall be entitled to have and recover from the
losing party reasonable attorney’s fees and all other costs of such action.
3.6.16 Authority to Enter Agreement. Consultant has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party
warrants that the individuals who have signed this Agreement have the legal power, right, and
authority to make this Agreement and bind each respective Party.
3.6.17 Counterparts. This Agreement may be signed in counterparts, each of
which shall constitute an original.
3.6.18 Entire Agreement. This Agreement contains the entire Agreement of the
parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements. This Agreement may only be modified by a writing signed by
both parties.
[SIGNATURES ON NEXT PAGE]
Professional Service Agreement for Benchmark Resources
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CITY OF AZUSA Benchmark Resources
By: By:
Mayor
Name:
Attest:
Title:
City Clerk
Benchmark Resources
Approved as to Form:
Best Best & Krieger LLP By:
Name:
City Attorney
Title:
EXHIBIT “A”
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SCOPE OF SERVICES, SCHEDULE OF SERVICES, COMPENSATION
See Attached Document – Benchmark Resources Mining Consulting Services