HomeMy WebLinkAbout1997-07-07 City CouncilCity of Palo Alto
Manager’s Report
5
TO:HONORABLE CITY COUNCIL
FROM:CITY MANAGER DEPARTMENT: PUBLIC WORKS
AGENDA DATE:
SUBJECT:
JULY 7, 1997 CMR:305:97
APPROVAL OF CONSULTANT CONTRACT WITH EBA
WASTECHNOLOGIES FOR THE PALO ALTO LANDFILL
CLOSURE/POSTCLOSURE PLAN UPDATE AND PHASE IIB
CLOSURE PLANS AND SPECIFICATIONS PREPARATION
REQUEST
This is a request for approval of a consultant contract with EBA Wastechnologies in the amount
of $69,416 for the Palo Alto Landfill Closure/Postclosure (C/PC) Maintenance Plan Update and
Phase IIB Closure Plans and Specifications Preparation.
RECOMMENDATIONS
Staff recommends that Council:
Approve and authorize the Mayor to execute the attached consultant contract with EBA
Wastechnologies in the amount of $69,416 for the Palo Alto Landfill C/PC Maintenance
Plan Update and Phase IIB Closure Plans and Specifications Preparation.
Authorize the City Manager or her designee to negotiate and execute one or more change
orders to the consultant contract with EBA Wastechnologies, the total value of which shall
not exceed $5,000.
POLICY IMPLICATIONS
Approval of this contract is consistent with existing policies.
EXECUTIVE SUMMARY
The work to be performed under the contract includes reviewing and evaluating the current
Palo Alto Landfill Final C/PC Maintenance Plan, revising the Final C/PC Maintenance Plan,
preparing plans, technical specifications, cost estimate, bid schedule, a detailed schedule for
disbursement of closure funds for the Phase IIB closure, and attending meetings.
Selection Process
The Finance Committee indicated its desire to review the draft scope of work prior to the
issuance of a request for proposals (RFP). The Committee approved the scope of work on May
6, 1997 (CMR: 208:97).
CMR:305:97 Page 1 of 2
Staff sent a request for proposals to thirteen consulting firms on May 9, 1997, and the bid
opening was on June 3, 1997. A total of three firms submitted proposals. Additionally, two
proposals were received late and were returned. Staff contacted some of the firms that did
not submit proposals, and of those solicited, all cited being too busy at this time to allocate
resources to the project as the reason for not responding.
A selection advisory committee consisting of staff from Public Works Operations reviewed
the proposals, and three firms were invited to participate in oral interviews on June 9 and 10,
1997. The advisory committee carefully reviewed each firm’s qualifications and submittals
in response to the RFP relative to the following criteria: specialized experience and
qualifications of the firm and staffto be assigned to the project, demonstrated understanding
and technical approach to the project, recent experience in the successful preparation and
completion of similar projects, recent experience demonstrating accuracy in cost estimates
and ability to meet project schedules, completeness and quality ofprop0sal, performance in
the interview and presentation, and fees relative to.the services to be provided. EBA
Wastechnologies was selected because its proposal and project team presented a
comprehensive and precise approach to the successful completion of the project. In both the
written and oral presentations, the EBA Wastechnologies team demonstrated a strong
experience base and understanding of the project.
FISCAL IMPACT
Funds for this project were included in the FY 1996-97 Refuse Fund Operating Budget.
ENVIRONMENTAL ASSESSMENT
This project is categorically exempt from the provisions of CEQA (Section 15306) and no
further environmental review is necessary.
ATTACHMENTS
Agreement
PREPARED BY: Sean Kennedy, Environmental Specialist
DEPARTMENT HEAD REVIEW: ~L ~
GLENN S. ROBERTS
Director of Public Works
CITY MANAGER APPROVAL:
cc: N/A
HARRISON
Assistant City Manager
CMR:305:97 Page 2 of 2
CONTRACT NO.
BETWEEN THE CITY OF PALO ALTO AND
EBA WASTECKNOLOGIES
FOR CONSULTING SERVICES
This Contract No.is entered into ,
by and between the CITY OF PALO ALTO, a chartered city and a
municipal corporation of the State of California ("CITY"), and
EBA WASTECHNOLOGIES, a California corporation, authorized to do
business in California, located at 825 Sonoma Ave., Santa Rosa, CA
95404 ("CONSULTANT").
RECITALS:
WHEREAS, CITY desires certain professional consulting
services ("Services") and the preparation and delivery of, without
limitation, one or more sets of documents, drawings, maps, plans,
designs, data, calculations, surveys, specifications, schedules or
other writings ("Deliverables") (Services and Deliverables are,
col~ectively, the "Project"), as more fully described in Exhibit "A";
and
WHEREAS, CITY desires to engage CONSULTANT, including its
employees, if any, in providing the Services by reason of its
qualifications and experience in performing the Services, and
CONSULTANT has offered to complete the Project on the terms and in
the manner set forth herein; ~
NOW, THEREFORE, in consideration of the covenants, terms,
conditions, and provisions of this Contract, the parties agree:
SECTION I. TERM
i.I This Contract will commence on the date of its
execution by CITY, and will terminate upon the completion of the
Project, unless this Contract is earlier terminated by CITY. Upon
the receipt of CITY’s notice to proceed, CONSULTANT will commence
work on the initial and subsequent Project tasks in accordance with
the time schedule set forth in Exhibit "A". Time is of the essence
of this Contract. In the event that the Project is not completed
within the time required through any fault of CONSULTANT, CITY’s
city manager will have the option of extending the time schedule
for any period of time. This provision will not preclude the
recovery of damages for delay caused by CONSULTANT.
SECTION 2.SCOPE OF PROJECT;CHANGES & CORRECTIONS
2.1 The scope of Services andDeliverables constituting
the Project, as described in Exhibit "A", will be performed,
delivered or executed by CONSULTANT under the phases of the Basic
Services as described below.
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2.2 CITY may order substantial changes in the scope or
character of the Basic Services, the Deliverables, or the Project,
either decreasing or increasing the amount of work required of
CONSULTANT. In the event that such changes are ordered, subject to
the approval of CITY’s City Council, as may be required, CONSULTANT
will be entitled to full compensation for all work performed prior
to CONSULTANT’s receipt Of the notice of change and further will be
entitled to an extension of the time schedule. Any increase in
compensation for substantial changes will ~be determined in
accordance with the provisions of this Contract. CITY will not be
liable for the cost or payment of any change in work, unless the
amount of additional compensation attributable to the change in
work is agreed to, in writing, by CITY before CONSULTANT commences
the performance of any such change in work.
2.3 Where the Project entails the drafting and
submission of Deliverables, for example, construction plans,
drawings, and specifications,-- any and all errors, omissions, or
ambiguities in the Deliverables, which are discovered by CITY
before invitations to bid on a construction project (for which the
Deliverables are required) are distributed by CITY, will be
corrected by CONSULTANT at no cost to CITY, provided CITY gives
notice to CONSULTANT.
2.4 Any and all errors, omissions, or ambiguities in the
Deliverables, which are discovered by CITY after the construction
contract is awarded by CITY, will be performed by CONSULTANT, as
follows: (a) at no cost to CITY insofar as those Services,
including the Basic Services or the Additional Services, as
described below, or both, will result in minor or nonbeneficial
changes in the construction work required of the construction
CONSULTANT; or (b) at CITY’s cost insofar as those Services,
including the Basic Services or the Additional Services, or both,
will add a direct and substantial benefit to the construction work
required of the construction CONSULTANT. The project manager in
the reasonable exercise of his or her discretion will determine
whether the Basic Services or the Additional Services, or both,
will contribUte minor or substantial benefit to the construction
work.
.SECTION 3.
CONSULTANT
QUALIFICATIONS,STATUS,AND DUTIES OF
3.1 CONSULTANT represents and warrants that it has the
expertise and professional qualifications to furnish or cause to be
furnished the Services and Deliverables. CONSULTANT further
represents and warrants that the project director and every
individual, including any consultant (including CONSULTANTs),
charged with the performance of the Services are duly licensed or
certified by the State of California, to the extent such licensing
or certification is required by law to perform the Services, and
that the Project will be executed by them or under their
supervision. CONSULTANT will furnish to CITY for approval, prior
to execution of this Contract, a list of all individuals and the
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names of their employers or principals to be employed as
consultants.
3.2 In reliance on the representations and warranties
set forth in this Contract, CITY hires CONSULTANT to execute, and
CONSULTANT covenants and agrees that it will execute or cause to be
executed, the Project.
3.3 CONSULTANT will assign DUANE BUTLER as the project
director to have supervisory responsibility for the performance,
progress, ’and execution of the Project. DALE SOLHEIM will be
assigned as the project coordinator who will represent CONSULTANT
during the .day-to-day work on the Project. If circumstances or
conditions subsequent to the execution of this Contract cause the
substitution of the project director or project coordinator for any
reason, the appointment of a substitute project director or
substitute project coordinator will be subject to the prior written
approval of the project manager.
3.4 CONSULTANT represents and warrants that it will:
3.4.1 Procure all permits and licenses, pay all
charges and fees, and give all notices which may be necessary and
incident to the due and lawful prosecution of the Project;
3.4.2 Keep itself fully informed of all existing and
future Federal, State of California, and local laws, ordinances,
regulations, orders, and decrees which may affect those engaged or
employed under this Contract and any materials used in CONSULTANT’s
performance of the Services;
3.4.3 At all times observe and comply with, and cause
its employees and consultants, if any, who are assigned to the
performance of this Contract to observe and comply with, the laws,
ordinances, regulations, orders and decrees mentioned above; and
3.4.4 Will report immediately to the project manager,
in writing, any discrepancy or inconsistency it discovers in the
laws, ordinances, regulations, orders, and decrees mentioned above
in relation to the Deliverables.
3.5 Any Deliverables given to, or prepared or assembled
by, CONSULTANT or its consultants, if any, under this Contract will
become the property of CITY and will not be made available to.any
individual or organization by CONSULTANT or its consultants, if
any, without the prior written approval of the city manager.
3.6 CONSULTANT will provide CITY with the specified
number (as defined in Exhibit °’~’) of any documents which are a part
of the Deliverables upon their completion and acceptance by CITY.
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3.7 If CITY requests additional copies of any documents
which are a part of the Deliverables, CONSULTANT will provide such
additional copies and CITY will compensate CONSULTANT for its
duplicating costs.
3.8 CONSULTANT will be responsible for employing or
engaging all persons necessary to execute the Project. All
consultants of CONSULTANT will be deemed to be directly controlled
and supervised by CONSULTANT, which will be responsible for their
performance. If any employee or consultant of CONSULTANT fails or
refuses to carryout the provisions of this Contract or appears to
be incompetent or to act in a disorderly or improper manner, the
employee or consultant will be discharged immediately from further
performance under this Contract on demand of the project manager.
3.9 In the execution of the Project, CONSULTANT and its
consultants, if any, will at all times be considered independent
contractors and not agents or employees of CITY.
3.10 CONSULTANT will perform or obtain or cause to be
performed or obtained any and all of the following Additional
Services, not included under the Basic Services, if so authorized,
in writing, by CITY:
3.10.1 Providing services as an expert witness in
connection with any public hearing or meeting, arbitration
proceeding,or proceeding of a court of record;
3.10.2 Incurring trav.el and subsistence expenses for
CONSULTANT and its staff beyond those normally required under the
Basic Services;
3.10.3 Performing any other Additional Services that
may be agreed upon by the parties subsequent to the execution of
this Contract; and
3.10.4 Other Additional Services now or hereafter
described in Exhibit "A" to this Contract.
3.11 CONSULTANT will be responsible for employing
all consultants deemed necessary to assist CONSULTANT in the
performance of the Services. The appointment of consultants must
be approved, in advance, by CITY, in writing, and must remain
acceptable to CITY during the term of this Contract.
.SECTION 4. DUTIES OF CITY
4.1 CITY will furnish or cause to be furnished the
services listed in Exhibit "A" and such information regarding its
requirements applicable to the Project as may be reasonably
requested by CONSULTANT.
4.2 CITY will review and approve, as necessary, in a
timely manner the Deliverables and each phase of work performed by
CONSULTANT. CITY’s estimated time of review and approval will be
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furnished to CONSULTANT at the time of submission of each phase of
work. CONSULTANT acknowledges and understands that the
interrelated exchange of information among CITY’s various
departments makes it extremely difficult for CITY to firmly
establish the time of each review and approval task. CITY’s failure
to review and approve within the estimated time schedule will not
constitute a default under this Contract.
4.3 The city manager will represent CITY for all
purposes under this Contract. ROBERT LE is designated as the
project manager for the city manager. The project manager will
supervise the performance, progress, and execution of the Project,
and will be assisted by SEAN KENNEDY, the project engineer.
4.4 If CITY observes or otherwise becomes aware of any
default in the performance of CONSULTANT, CITY will use reasonable
efforts to give written notice thereof to CONSULTANT in a timely
manner.
SECTION 5.COMPENSATION
5.1 CITY will compensate CONSULTANT for the following
services and work:
5.1.1 In consideration of the full performance of the
Basic Services, including any authorized reimbursable expenses,
CITY will pay.CONSULTANT a fee not to exceed forty-nine thousand
four hundred sixteen dollars ($49,416). The amount of compensation
will be calculated in accordance wi~h the hourly rate schedule set
forth in Exhibit "B", on a time and materials basis, up to the
maximum amount set forth in this Section.
5.1.2 In consideration of the full performance of
Additional Services, including any authorized reimbursable
expenses, CITY will pay CONSULTANT a fee not to exceed twenty
thousand dollars ($20,000). The amount of compensation will be
calculated in accordance with the hourly rate schedule set forth in
Exhibit "B", on a time and materials basis, up to the maximum amount
set forth in this section.
5.1.3 The full payment of charges for extra work or
changes, or both, in the execution of the Project will be made,
provided such request for payment is initiated by CONSULTANT and
authorized, in writing, by the project manager. Payment will be
made within thirty (30) days of submission by CONSULTANT of a
statement, in triplicate, of itemized costs covering such work or
changes, or both. Prior to commencing such extra work or changes,
or both, the parties will agree upon an estimated maximum cost for
such extra work or changes. CONSULTANT will not be paid for extra
work or changes, including, without limitation, any design work or
change order preparation, which is made necessary on account of
CONSULTANT’s errors, omissions, or oversights.
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5.1.4 Direct personnel expense of employees assigned
to the execution of the Project by CONSULTANT will include only the
work’of architects, engineers, designers, job captains, surveyors,
biologists, draftspersons, specification writers and typists, in
consultation, research and design, work in producing drawings,
specifications and other documents pertaining to the Project, and
in services rendered during construction at the site, to the extent
such services are expressly contemplated under this Contract.
Included in the cost of direct personnel expense of these employees
are salaries and mandatory and .customary benefits such as statutory
employee benefits, insurance, sick leave, holidays and vacations,
pensions and similar benefits.
5.1.5. The fees of the consultants, who have direct
contractual relationships with CONSULTANT, will be approved, in
advance, by CITY. CITY reserves the right to refuse payment of
such fees, if such prior approval is not obtained by CONSULTANT.
5.1.6. The rate schedules contained in Exhibit "B" may
be updated by CONSULTANT only once each calendar year, and the rate
schedules will not become effective for purposes of this Contract,
unless and until CONSULTANT gives CITY thirty (30) days’ prior
written notice of the effective date ofany revised rate schedule.
5.2 The schedule of payments will be made as follows:
5.2.1 Payment of the Basic Services will be made in
monthly progress payments in proportion to the quantum of services
performed, or in accordance with ~any other schedule of payment
mutually agreed upon by the parties, as set forth in Exhibit "B",
or within thirty (30) days of submission, in triplicate, of such
requests if a schedule of payment is not specified. Final payment
will be made by CITY after CONSULTANT has submitted all
Deliverables, including, without limitation, plans, specifications,
and cost opinions which have been approved by the project manager.
5.2.2 Payment of the Additional Services will be
made in monthly progress payments for services rendered, within
thirty (30) days of submission, in triplicate, of such requests.
5.2.3 No deductions will be made from CONSULTANT’s
compensation on account of penalties, liquidated damages, or other
sums withheld by CITY from payments to general contractors.
SECTION 6.ACCOUNTING, AUDITS, OWNERSHIP OF RECORDS
6.1 Records of the direct personnel expenses and
expenses incurred in connection with the performance of Basic
Services and Additional Services pertaining to the Project will be
prepared, maintained, and retained by CONSULTANT in accordance with
generally accepted accounting principles and will be made available
to CITY for auditing purposes at mutually convenient times during
the term of this Contract and for three (3) years following the
expiration or earlier termination of this Contract.
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6.2 The originals of the Deliverables prepared by or
under the direction of CONSULTANT in the performance of this
Contract will become the property of CITY irrespective of whether
the Project is completed upon CITY’s payment of the amounts
required to be paid to CONSULTANT° These originals will be
delivered to CITY without additional compensation. CITY will have
the right to utilize any final and incomplete drawings, estimates,
specifications, and any other documents prepared hereunder by
CONSULTANT, but CONSULTANT disclaims any responsibility or
liability for any alterations or modifications of such documents.
SECTION 7.INDEMNITY
7.1 CONSULTANT agrees to protect, indemnify, defend and
hold harmless CITY, its Council members, officers, employees and
agents, from any and all demands, claims, or liability of any
nature,~including death or injury to any person, property damage or
any other loss, caused by or arising out of CONSULTANT’s, its
officers’, agents’, consultants’ or employees’ negligent acts,
errors, or omissions, or willful misconduct, or conduct for which
applicable law may impose strict liability on CONSULTANT in the
performance of or failure to perform its obligations under this
Contract.
SECTION 8.WAIVERS
8.1 The waiver by either party of any breach or
violation of any covenant, term, condition or provision of this
Contract or of the provisions of any ordinance or law will not be
deemed to be a waiver of any such covenant, term, condition,
provision, ordinance, or law or of any subsequent breach or
violation of the same or of any other covenant, term, condition,
provision, ordinance or law. The subsequent acceptance by either
party of any fee or other money which may become due hereunder will
not be deemed to be a waiver of any preceding breach or violation
by the other party of any covenant, term, condition or provision of
this Contract or of any applicable law or ordinance.
8.2 No payment, partial payment, acceptance, or partial
acceptance by CITY will operate as a waiver on the part of CITY of
any of its rights under this Contract.
SECTION 9.INSURANCE
9.1 CONSULTANT, at its sole cost and expense, will
obtain and maintain, in full force and effect during the term of
this Contract, the insurance coverage described in Exhibit "C",
insuring not only CONSULTANT and its consultants, if any, but also,
with the exception of workers’ compensation, employer’s liability
and professional liability insurance, naming CITY as an additional
insured concerning CONSULTANT’s performance under this Contract.
9.2 All insurance coverage required hereunder will be
provided through carriers with Best’s Key Rating Guide ratings of
A:X or higher which are admitted to transact insurance business in
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the State of California. Any and all consultants of CONSULTANT
retained to perform Services under this Contract will obtain and
maintain, in full force- and effect during the term of this
Contract, identical insurance coverage, naming CITY as an
additional insured under such policies as required above.
9.3 Certificates of such insurance, preferably on the
forms provided by CITY, will be filed with CITY concurrently with
the execution of this Contract. The certificates will be subject
to the approval of CITY’s risk manager and will contain an
endorsement stating that the insurance is primary coverage and will ¯
not be canceled or altered by the insurer except after filing with
the CITY’s city clerk thirty (30) days’ p~ior written notice of such
cancellation or alteration, and that the City of Palo Alto is named
as an additional insured except in policies of workers’
compensation, employer’s liability, and professional liability
insurance. Current certificates of such insurance will be kept on
file at all times during the term of this Contract with the city
clerk.
9.4 The procuring of such required policy or policies
of insurance will not be construed to limit CONSULTANT’s liability
hereunder nor to fulfill the indemnification provisions of this
Contract. Notwithstanding the policy or policies of insurance,
CONSULTANT will be obligated for the full and total amount of any
damage, injury, or loss caused by or directly arising as a result
of the Services performed under this Contract, including such
damage, injury, or loss arising after the Contract is terminated or
the term has expired.
SECTION I0. WORKERS’ COMPENSATION
I0.I CONSULTANT, by executing this Contract, certifies
that it is aware of the provisions of the Labor Code of the State
of California 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 certifies that
it will comply with such provisions, as applicable, before
commencing the performance of the Project.
PROJECT
SECTION ii TERMINATION OR SUSPENSION OF CONTRACT 0R
Ii.i The city manager may suspend the execution of the
Project, in whole or in part, or terminate this Contract, with or
without cause, by giving thirty (30) days’ prior written notice
thereof to CONSULTANT, or immediately after submission to CITY by
CONSULTANT of any completed item of Basic Services. Upon receipt
of such notice, CONSULTANT will immediately discontinue its
performance under this Contract°
11.2 CONSULTANT may terminate this Contract or suspend
its execution of the Project by giving thirty (30) days’ prior
written notice thereof to CITY, but only in the event of a
substantial failure of performance by CITY or in the event CITY
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indefinitely withholds or withdraws its request for the initiation
or continuation of Basic Services or the execution of the Project.
11.3 Upon such suspension or termination by CITY,
CONSULTANT will be compensated for the Basic Services and
Additional Services performed and Deliverables received and
approved prior to receipt of written notice from CITY of such
suspension or abandonment, together with authorized additional and
reimbursable expenses then due. If the Project is resumed after it
has been suspended for more than 180 days, any change in
CONSULTANT’s compensation will be subject to renegotiation and, if
necessary, approval of CITY’s City Council. If this Contract is
suspended or terminated .on account of a default by CONSULTANT, CITY
will be obligated to compensate CONSULTANT only for that portion of
CONSULTANT’s services which are of direct and immediate benefit to
CITY, as such determination may be made by the city manager in the
reasonable exercise of her discretion.
11.4 In the event of termination of this contract or
suspension of work on the Project by CITY where CONSULTANT is not
in default, CONSULTANT will receive compensation as follows:
11.4.1 For approved items of services, CONSULTANT will
be compensated for each item of service fully performed in the
amounts authorized under this Contract.
11.4.2 For approved items of services on which a
notice to proceed is issued by CITY, but which are not fully
performed, CONSULTANT will be compensated for each item of service
in an amount which bears the same ratio to the total fee otherwise
payable for the performance of the service as the quantum of
service actually rendered bears to t-he services necessary for the
full performance of that item of service.
11.4.3 The total compensation payable under the
preceding paragraphs of this Section will not exceed the payment
specified under Section 5 for the respective items of service to be
furnished by CONSULTANT.
11.5 Upon such suspension or termination, CONSULTANT
will deliver to the city manager immediately any and all copies of
the Deliverables, whether or not completed, prepared by CONSULTANT
or its consultants, if any, or given to CONSULTANT or its
consultants, if any, in connection with this Contract. Such
materials will become the property of CITY.
11.6 The failure of CITY to agree with CONSULTANT’s
independent findings, conclusions, or recommendations, if the same
are called for under this Contract, on the basis of differences in
matters of judgment, will not be construed as a failure on the part
of CONSULTANT to fulfill its obligations under this Contract.
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SECTION 12.ASSIGNMENT
12.1 This Contract is for the personal services of
CONSULTANT, therefore, CONSULTANT will not assign, transfer,
convey, or otherwise dispose of this Contract or any right, title
or interest in or to the same or any part thereof without the prior
written consent of CITY. A consent to one assignment will not be
deemed to be a consent to any subsequent assignment. Any
assignment made without the approval of CITY will be void and, at
the option of the city manager, this Contract may be terminated.
This Contract will not be assignable by operation of law.
SECTION 13.NOTICES
13.1 All notices hereunder will be given, in writing,
and mailed, postage prepaid, by’ certified mail, addressed as
follows:
To CITY:Office of the City Clerk
City of Palo Alto
Post Office Box 10250
Palo Alto, CA 94303
To CONSULTANT: Attention of the project director
at the address of CONSULTANT recited above
SECTION 14.CONFLICT OF INTEREST
14.1 In accepting this Contract, CONSULTANT covenants
that it presently has no interest, and will not acquire any
interest, direct or indirect, financial or otherwise, which would
conflict in any manner or degree with the performance of the
Services.
14.2 CONSULTANT further Covenants that, in the
performance of this Contract, it will not employ contractors or
persons having such an interest mentioned above. CONSULTANT
certifies that no one who has or will have any financial interest
under this Contract is an officer or employee of CITY; this
provision will be interpreted in accordance with the applicable
provisions of the PaloAlto Municipal Code and the Government Code
of the State of California.
SECTION 15.NONDISCRIMINATION
15.1 As set forth in the Palo Alto Municipal Code, no
discrimination will be made in the employment of persons under this
Contract because of the age, race, color, national origin,
ancestry, religion, disability, sexual preference or gender of such
person. If the value of this Contract is, or may be, five thousand
dollars ($5,000) or more, CONSULTANT agrees to meet all
requirements of the Palo Alto Municipal Code pertaining to
nondiscrimi.nation in employment, including completing the requisite
form furnished by CITY and set forth in Exhibit "D"
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15.2 CONSULTANT agrees that each contract for services
from independent providers will contain a provision substantially
as follows:
"[Name of Provider] will provide CONSULTANT
with a certificate stating that [Name of
Provider] is currently in compliance with all
Federal and State of California laws covering
nondiscrimination in employment; that [Name of
Provider] will pursue an affirmative course of
action as required by the Affirmative Action
Guidelines of the City of Palo Alto; and that
[Name of Provider] will not discriminate in
the employment of any person under this
contract because of the age, race, color,
national~ origin, ancestry, religion,
disability, sexual preference or gender of
such person."
15.3 If CONSULTANT is found in violation of the
nondiscrimination provisions of the State of California Fair
Employment Practices Act or similar provisions of Federal law or
executive order in the performance of this Contract, it will be in
default of this Contract. Thereupon, CITY will have the power to
cancel or suspend this Contract, in whole or in part, or to deduct
the sum of twenty-five dollars ($25) for each person for each
calendar day during which such person was subjected to
discrimination, as damages for breach of contract, or both. Only
a finding~ of the State of California Fair Employment Practices
Commission or the equivalent federal agency or officer will
constitute evidence of a breach of this Contract.
15~4 If CONSULTANT is found in default of the
nondiscrimination provisions of this Contract or the applicable
Affirmative Kction Guidelines pertaining to this Contract,
CONSULTANT will be found in material breach of this Contract.
Thereupon, CITY will have the power to cancel or suspend this
Contract, in whole or in part, or to deduct from the amount payable
to CONSULTANT the sum of two hundred fifty dollars ($250) for each
calendar day during which CONSULTANT is not in compliance with this
provision as damages for breach of contract, or both.
SECTION 16.MISCELLANEOUS PROVISIONS
16.1 CONSULTANT represents and warrants that it has
knowledge of the requirements of the federal Americans with
Disabilities Act of 1990, and the Government Code and the Health
and Safety Code of the State of California, relating to access to
public buildings and accommodations for disabled persons, and
relating to facilities for disabled persons. CONSULTANT will
comply with or ensure by its advice that compliance with such
provisions will be effected pursuant to the terms ~of this Contract.
16.2 Upon the agreement of the parties, any controversy
or claim arising out of or relating to this Contract may be settled
ii970617 synO071232
by arbitration in accordance with the Rules of the American
Arbitration Association, and judgment upon the award rendered by
the Arbitrators may be entered in any court having jurisdiction
thereof.
16.3 This Contract will be governed by the laws of the
State of California, excluding its conflicts of law.
16.4 In the event that an action is brought, the parties
agree that trial of such action will be vested exclusively in the
state courts of California or in the United States District Court
for the Northern District of California in the County of Santa
Clara, State of California.
16.5 The prevailing party in any action brought to
enforce the terms of this Contract or arising out of this Contract
may recover its reasonable costs and attorneys’ fees expended in
connection with that action°
’16.6 This document represents the entire and integrated
Contract between the parties and supersedes all prior negotiations,
representations, and contracts, either written or oral. This
document may be amended only by a written instrument, which is
signed by the parties.
16.7 All provisions of this Contract, whether covenants
or conditions, will be deemed to be both covenants and conditions.
16.8 The covenants, terms, conditions and provisions of
this Contract will apply to, and will bind, the heirs, successors,
executors, administrators, assignees, and consultants, as the case
may be, of the parties.
16.9 If a court ofcompetent jurisdiction finds or rules
that any provision of this Contract or any amendment thereto is
void or unenforceable, the unaffected provisions of this Contract
and any amendments thereto will remain in full force and effect.
16.10 All exhibits referred to in this Contract and any
addenda, appendices, attachments, and schedules which, from time
to time, may be referred to in any duly executed amendment hereto
are by such reference incorporated in this Contract and will be
deemed to be a part of this Contract.
16.11 This Contract may be executed in any number of
counterparts, each of which will be an original, but all of which
together will constitute one and the same instrument.
16.12 This Contract is subject to the fiscal provisions
of the Charter of the City of Palo Alto and the Palo Alto Municipal
Code. This Contract will terminate without any penalty (a) at the
end of any fiscal year in the event that funds are not appropriated
for the following fiscal year, or (b) at any time within a fiscal
year in the event that funds are only appropriated for a portion of
the fiscal year and funds for this Contract are no longer
12970617~n0071232
available. This Section 16.12 will take precedence in the event of
a conflict with any other covenant, term, condition, or provision
of this Contract.
IN WITNESS WHEREOF, the parties hereto have by their duly
authorized representatives executed this Contract on the date first
above written.
ATTEST:CITY OF PALO ALTO
City Clerk
APPROVED AS TO FORM:
Mayor
Senior Asst. City Attorney
APPROVED:
City Manager
Director of Public Works
EBA WASTECHNOLOGIES
Taxpayer’s I.Do No. 68-01081868
Acting Director of
Administrative Services
Risk Manager
Attachments:EXHIBIT "A" :
EXHIBIT "B" :
EXHIBIT "C" :
EXHIBIT "D" :
SCOPE OF PROJECT &TIME SCHEDULE
RATE SCHEDULE
INSURANCE
NONDISCRIMINATION COMPLIANCE FORM
13970619 syn~71232
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code ~ 1189)
) ss.
COUNTY OF ~o~)
On ~^~ ~7 , 1997, before me, the undersigned, a
Notary Public in and for said County and State, personally appeared
~1’¢ ~ll~, personally known to~
me or proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/Zheir
signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
/
Sighature of N~tafy Public
970617 ayn 0071232
14
EXHIBIT A
SCOPE OF WORK
A. General Information
The City of Palo Alto operates a Class III non-hazardous solid waste disposal facility
in compliance with the California Code of Regulations (CCR), Titles 14 and 23, issued
by the California Integrated Waste Management Board (CIWMB) and Regional Water
Quality Control Board (RWQCB), respectively. The 137 acre landfill accepts refuse
generated from within Palo Alto city limits (see Figure 1, Site Location Map).
In February 1992, the Palo Alto Landfill Final Closure and Postclosure Maintenance
Plan, detailing the phased closure of Phase IIA, liB, and IIC areas of the landfill, was
approved by the CIWMB (see Figure 2, Closure Phasing Plan). The Phase I (Byxbee
Park) area had been previously closed in September 1991. The Phase IIA area of the
landfill was closed in November 1992. In October 1993, the City of Palo Alto began
delivery of approximately two-thirds of its refuse to the Sunnyvale Material Recovery
and Transfer Station (SMART) facility which significantly reduced disposal tonnages
at its landfill. Assembly Bill 939 waste diversion mandates also contributed to
reductions in disposal tonnages at the landfill. In September 1995, Public
Works/Operations staff met with the CIWMB to discuss the Palo Alto Landfill projected
site life in light ofthe recent changes in disposal tonnages. It was determined that the
projected site life and closure phasing plan were no longer valid and that revisions to
the Palo Alto Landfill Final Closure and Postclosure Maintenance Plan would be
required prior to the next phase of closure and the next permit review.
City staff has identified a modified Phase liB area of the landfill that is ready for
closure (see Figure 3, Proposed Closure Area). In anticipation of the impending phase
of closure, this Request for Proposals (RFP) is seeking the services of a qualified and
experienced firm to revise the Palo Alto Landfill Final Closure and Postclosure
Maintenance Plan. This work will include revising the closure phasing plan, revising
the disposal capacities and projected site life, and adjusting the closure cost estimate
based on the revisions. Preparation of the closure documents of the modified Phase
lib area will also be completed under this RFP. This will entail preparing CEQA
documents, permits/approvals, plans, specifications, cost estimate, and a detailed
schedule of disbursement of closure funds.
B. Scope of Work
In general, the work of this project consists of the following tasks:
Task 1 The Consultant shall review and evaluate all information, data, and reports
listed below:
¯Palo Alto Landfill Final Closure and Postclosure Maintenance Plan,
Volumes I and II, EMCON, 1/3/91
.~COPE OF WORK
Task 2
Task 3
Task 4
Task 5
¯Palo Alto Landfill Closure/Postclosure Plan Follow-up Submittal,
PW/OPS Technical Services, 8/8/91
¯Report of Disposal Site Information, Palo Alto Landfill, PW/OPS
Technical Services, July 1996
The Consultant shall attend three (3) meetings; one kick.off meeting and
two additional meetings during the course of the project.
The Consultant shall revise the Palo Alto Landfill Final Closure and
Postclosure Maintenance Plan to be in accordance with 14 CCR 18250-
18277 and 23 CCR 2580-2597. The work shall include: revisi.ng the
closure phasing plan, revising volumetric capacity calculations for Phase
liB and Phase IIC closure areas based on changes to disposal rates,
revising the schedule of phased closure activities, and revising the closure
cost estimate. Submittals shall be presented to City staff for review and
approval as follows:
95% completion submittal: 3 copies
Final submittal:12 copies with 1 copy 3.5" floppy
diskette, WordPerfect 6.11AutoCAD V13
After City staff approval and submittal to the ClWMB and RWQCB, the
Consultant shall respond to their respective comments during the approval
process and incorporate any required modifications to obtain final Board
approvals. This task will be considered complete when final approvals from
the ClWMB and RWQCB for the Plan are received.
The Consultant shall prepare plans, technical specifications, cost
estimate, and bid schedule for the closure of the modified Phase lib area
in accordance with 14 CCR 17760-17796 and 23 CCR 2580-2481. The
Consultant shall also prepare and submit a detailed schedule of
disbursement of closure funds as required by 14 CCR 18262.3(a)(7).
Submittals shall be presented for review and approval as follows:
70% completion submittal: 3 copies
95% completion submittal: 3 copies
Final submittal:12 copies with 1 copy 3.5" floppy
diskette, WordPerfect 6. I/AutoCAD V13
The Consultant shall identify all permits and approvals and outline the
permit/approval processes necessary for closure of Phase lib which
include, but are not limited to:
CEQA negative declaration for submittal to the City of Palo
Alto Planning Department
Variance from Bay Area Air Quality Management District
(BAAQMD) for disconnection of the landfill gas control
system
Approvals/Permits from the Bay Conservation and
Development Commission (BCDC) and the United States
Army Corp of Engineers (COE)
Approvals/Permits from the County Local Enforcement
Authority (LEA)
Task 6 (Optional) The Consultant shall prepare CEQA documents and prepare
and obtain all permits, and approvals identified and outlined in Task 5
above as necessary for closure of Phase liB.
TECHNICAL APPROACH
~~~WASTECHNOL OGIES
TASK~
Review and Evaluate
Information, Data & Report~
The purpose of this task is to conduct a comprehensive review of all available site specific data and
previous studies pedbrmed to identify pertinent elements and obtain information necessary to update
the Final Closure Plan, and prepare constru~on plan, specifications and cost estimates. Existing
information will be incorporated whenever poss~ie. It is our understanding that copies of all
pertinent documents will be made available to EBA by the City. EBA will also interview Public
Works staff’familiar with the landfill to obtain background information relative to preparation of the
closure documents and plans.
At a minimum, the scope of EBA’s document review will include the following reports:
Palo Alto Landfill Final Closure and Postciosure Maintenance Plan,
Volumes I and IL EMCON, 1/3/91
Palo Alto Landfill Closure./Postclosure Plan Follow-up Submittal,
PW/OPS Technical Services, 8/8/91
Report of Disposal Site Information, Palo Alto Landfill, PW/OPS
Technical Services, July 1996
TASK 2
Attend Meetinff~
EBA will attend three (3) meetings; one kick-off meeting and two additional meetings during the
course of the project..
A kickoff meeting will be held at the onset of the project and will include a site visit to the landfill.
A second meeting will be scheduled at the conclusion ofthe Final Closure Plan updates and prior tO
the preparation of the construction plans and specifications for Phase fiB. A third meeting will be
scheduled around the time of submittal of the 70°/4 completion submittal of the construction plans
and specifications for closure of Phase fiB. An additional meeting can be scheduled to review
comments to the Final Closure Plan update or construction plans, if deemed necessary, but is not
included as part ofthis Proposal. All meetings are planned to be held in the City of Palo Alto Public
Works offices on Bayshore Road. All meetings will be attended by EBA ’s Project Manager, and
depending on the meeting agenda, also by other staff of EBA.
TASK
Revise Final Closure and
Postclosure Maintenance Plan
This task consists of updating and revising portions of the Palo Alto Landfill Final Closure and
Postclosure Maintenance Plan (FCPMP). The FCPMP was prepared and submitted for approval in
1991. A follow-up submittal to respond to comments from the California Integrated Waste
Management Board (CIWMB) and Regional Water Quality Control Borad (RWQCB) and provide
additional information was submitted in August 1991. It is our understanding that based on the
follow-up submittal, the FCPlV[P was approved by the regulating agencies in February 1992. The
FCPMP updates and revisions are needed basically because ofthe reduced disposal tonnages at the
site since the opening of the Sunnyvale Material Recovery and Transfer Station and waste diversion
mandates.
Based on our review and evaluation ofexisting documentation and discussions with City staff, at a
minimum, updates will include the following:
o
O
o
Revising the closure phasing plan;
Revising volumetric capacity calculations for Phase liB;
Revise volumetric capacity calculations for Phase IIC;
Revising the schedule of phased closure activities; and
Revising the closure cost estimate.
To accompfish tbe above, EBA will prepare a Final Closure Grading Plan for Phases I~B and
based on the existing closure configuration. The drawing will be prepared in AUTOCAD for
utilization in computing the volumes between the final configuration and existing surfaces. It is our
understanding that the City will provide a topographic map in digetized AUTOCAD format of the
current topography. Volumes will be calculated utilizing digital terrain modeling (DTM) with
AUTOCAD/Sofklesk Release 13. The volumetric calculations w~i be used to de~ermine the tchedule
for phased closure activities.
Drawings in addition to the Final Closure Grading Plan are not anticipated except for some
miscellaneous details and sections that may be useful to show temporary conforms between phases.
Updates will also be needed to the closure cost estimates presented in the 1991 FCPMP. Ear,work
quantifies for the closure cap and drainage fadlities will be revised to account for the revised phasing
plan. Other costs will be updated as needed.
Revisions to other portions of the 1991 FCPMP are not anticipated including slope stability, leachate
generation or monitoring landfill gas generation or control systems or drainage control systems.
completion submittal:3 copies
Final submittal: 12 copies with I copy 3.5" floppy diskette,
WordPerfect 6.1/AutoCAD VI3
The submittal for this task will be in the form of an ammendment to the 1991 FCPMP and only the
revisions will be provided. These can be provided in a bound document with an index that references
the sections ofthe 1991 FCPMP that are being updated. All work provided in this task will be in
accordance with applicable portions of Title 14, Division 7, Chapter 3, Articles 4.5 and 7.8 and
Chapter 5, Articles 3.4 and 3.5; and Title 23, Division 3, Chapter 15; and 40 CFP, 258.
After City staff approval and submittal to the C1WMB and RWQCB, EBA will respond to their
respective comments during the approval process and incorporate any required modifications to
obtain final Board approvals. This task will be considered complete when final approvals from the
CIWMB and RWQCB for the updates an: received.
Prepare Closure Documents Including
Plans, Specifications, Cost Estimate and Bid Schedule
and Schedule of Disbursement of Closure Funds
This task consists ofthe preparation of closure documents for the modified Phase IIB area which is
approximately 25 acres in size. Closure documents will include plans and technical specifications
adequate for construction, an engineer’s construction cost estimate for purposes of budgeting and
comparing contractor bids, a bid schedule and necessary notices for contractor bidding and a detailed
disbursement schedule for release of closure funds. The proposed subtasks are summarized in the
following sections:
Subtask 4.1 Construction Plans
Plans for the modified Phase ~ area will be prepared in adequate detail for contractor bidding, field
layout and construction. EBA has recently completed two landfill closure projects similar in size
to Phase liB and has a good understanding of the plans and level of detail needed for a
successful project that can be completed without cost or schedule overung The following drawings
are anticipated for the Phase IIB final closure:
Title Sheet: This drawing sheet will include the project title, approval signature block, sheet
index, legend, general notes, site map and site location map.
F’mal Grading & Drainage Plan: This drawing will show the final configuration grades and
contours and include the drainage control systems. The final contours will be designed to
match existing slopes, if possible, at the time of final waste placement and intermediate cover
placement. This is done to minimize grading, however, the design grades will also need to
conform to the minimum and maximum slope requkements in the Final Closure Plan. It is our
understanding that a mimium two feet of soil cover has been placed or will be placed over the
entire lib area that will be incorporated into the foundation lays. Additional foundation cut
or fill will only be needed to meet the minimum and maximum slopes described in the Final
Closure Plan. This existing soil cover thickness will be verified by drilling at approximately a
100 foot spacing over the BIB area. EBA will provide the ~8 and field measurements based
on a grid layout provided in the field by the City. For the purposes of this Proposal, it is
assumed that a minimum of two feet of soil cover will be in-place that is suitable for use as the
foundation layer of the final closure cap.
Final Drainage System: Plan layout and profiles (if necessary) will be provided for all final
drainage control systems such as pipes, downdrains, bench ditches and perimeter ditches. All
drainage controls will be sized for the 100-year storm event using the Rational formula.
Section~ and Detail~: Vaious u~ctions and details will be required to clarify the site grading,
final cap construction and drainage improvements. It is anticipated that two to three drawing
sheets will be needed to adequately reflect the proposed closure construction.
Leachate & LFG Extension Detail~: Closure construction will require that leachate
extraction wells and landfill gas collection system risers be extended to the surf~ through the
final cap. Details will be provided on this drawing outlining the methods and materials for these
extensions.
All plans will be prepared in AUTOCAD, Release 13 on 24" x 36" sheets. Exa~les of drawings
from previous landfill closure projects, prepared by ERA, are included in Appendix C of this
Proposal to show the level of detail anticipated for the Phase llB final closure.
Subtask 4.2 Technical Specifications
Technical specifications will be provided for all closure construction including site preparation,
earthwork, drainage, errosion control and well extensions. The specifications will detail the required
materials, and installation/placement methods, and will include appropriate references to the
construction plans. Format for the technical specification sections will be in accordance with the
Construction Specification Institute (CSI) which are divided into three parts; Part I - General, Part
2 - Products and Part 3 - Executior~ Sections antidpated to be needed for the Phase fib final closure
include the following:
Subgrade Preparation
FieM Determinations
Final Cover Test Pad
On-Site Borrow Sources
Foundation Layer Grading
Barrier Layer
Vegetative Layer
P~evegetation
Drainage Systems
Well Extensions
Examples of portion of technical specification sections from recent EBA projects are included in
Appendix C of this Proposal.
Included in the technical specifications will be a Construction Quality Assurance (CQA) Plan that will
provide a methodology for testing, construction techniques and materials used to build the final
closure cap in order to assure that the final product meets or exceeds the technical specifications. The
existing CQA Plan in the 1991 FCPMP w~ be reviewed and modified as necessary for the Phase fib
closure. The CQA Plan will be in accordance with Title 14, Section 17774; Title 23, Chapter 15,
Article 4; and RWQCB CQA Requirements for Cover Construction. Addressed in the CQA Plan will
be testing requirements for all layers of the final cap. As discussed above, it is assumed that the
foundation material will be in-place and after thickness verification and minor grading, only require
scarifying and compacting the upper layer. The clay barrier material is assumed to be on-site with
the materials acceptance testing already being done. Confirmation testing will be required durh ~
material placement. This Proposal does not include any testing of the clay borrow prior to
construction.
Subtask 4.3 Engineer’s Construction Cost Estimate
Based on the Construction Plans and Technical Specifications, an estimate of all material and
construction costs for the project will be developed from. the quantity takeoff. All costs will be
re.searched to determine an accurate estimate of the project’s total cost. The cost estimate will be
itemized in the same format as the bid schedule to be used by contractors in the bid process. This
same format can be used by the City when creating a spread sheet to compare all of the contractor
bids. Cost estimates will be prepared in EXCEL, 5.0.
Alawugh construction costs are d~icult to estimate accurately, EBA has been very succes~d
in preparting estimates for recent closure projects that have been very close to the selected
contractor bids. A recently completed project similar to the Phase lib final closur, was
e~timated to within 5 percent of the selected contractor’s bid.
Subtask 4.4 Bid Schedule
Construction documents for Phase lib final closure will include a bid schedule for use by
contractors in the bid process. The bid schedule will be itemized for all construction items and
presented in either unit price format or lump sum as appropriate for the method of measurement
required. As an example, on previous projects, earthwork/foundation grading to meet subgrade
has been bid as a lump sum item instead of per cubic yard to avoid the cost in measuring the
volumes which would normally require surveys before and after grading. Additionally, the barrier
layer is typically bid on a square foot basis that can be easily measured from the field staking or
after installation.
The bid schedule will be incorporated into the other required bid documents such as the Notice
to Contractors, Instruction to Bidders, Bid Forms, Bond Forms and Construction Agreement. It
is anticipated that the City Public Works Department will provide the standard forms for
incorporation into the Construction Documents with the Technical Specification and Plans.
Subtask 4.5 Schedule of Disbursement
In order to withdraw funds for final closure activities from the closure fund, a detailed ~chedule
of disbursment will be required. This disbursement schedule will follow the contractor’s work
schedule so funds can be disbursed as work is completed so that other funding arrangements will
not be needed to pay the contractor. The disbursement schedule will meet the requirements of
14 CCR, 18262.3(a)(7).
Submittals for Task 4 will be presented to Oty Public Works gaff’for review, comment and approval
as follow~:
completion submiRai: 3 copies
95% completion submittal:3 copies
Final submittal:12 copies with 1 copy 3.5~ floppy diskette,
WordPerfoct 6. I/AutoCAD VI3
TASK $
Identify Permitted Approvals
& Outline the Permit/Approval
Process Necessary for Closure
EBA will identify all permits and approvals and outline the permit/approval processes necessary for
final closure of’Phase lib which include, but are not limited to:
CEQA negative declaration for submittal to the Cify of Palo Alto Planning Department.
Variance from Bay Area Ak Quality Management District (BAAQMD) for disconnection
of the landfill gas control system
Approvals/Permits from the Bay Conservation and Development Commission (BCDC)
and the United States Army Corps of Engineers (COE)
Approvals/Permits from the County Local Enforcement Authority (LEA)
To accomplish this task all the regulating agencies involved in the closure approval or permit process
will be contacted to determine the necessary processes for approval. A report will be prepared for
City staff review that outlines the findings of the approval/permit process and includes a time line
schedule with all permit requirements listed to assure that all permitting is submitted and processed
on time for a final project approval acceptable to the City.
TASK 6 (Optional)
Prepare CEQA Documents
& Prepare and Obtain All
Permits and Approvals
EBA will prepare CEQA documents and prepare and obtain all permits and approvals identified and
outlined in Task 5 as necessary for final closure of Phase IIB. (Optional). For the purposes ofthis
Proposal, the following level of effort is anticipated for this task:
Subtask 6.1 CEQA Negative Dedaration
It is anticipated that an Intitial Study will be required for submittal to the City of Palo Planning
Department. The Initial Study will include the following:
Environmental Checklist Form
Project Description
Environmental Factors Potentially Affected
Evaluation of Environmental Impact
Determination
Mitigation Monitoring and Reporting Program
EBA has recently completed an lnital Study for an upcoming landfill closure in the C.entrd
Valley that is similar to the Phase llB final closure. An example of this Initial Study is included
in Appendix C of this Proposal. It is anticipated that the Phase lib Initial Study will include the
same level of information and effort as demonstrated in the example in Appendix C. This mbta~
includes preparation of the Initial Study, submittal to Public Works for review and comment, revisions
as necessary to respond to gaff’comments, submittal to the City of Palo Alto Planning Department
and any coordination or response to comments needed.
Subtask 6.2 Variance from the Bay Area Air Qualit7 Management District
Grading and final cap installation over the Phase I]B area will require disconnection of portions of
the landfill gas extraction and collection system. It is anticipated that a short term variance will not
be needed from the Bay Area Air Quality Management District (BAAQMD) to disconnect wells
and/or collection piping. Rule 34 allows for disconnection of LFG wells for raising for certain time
periods. It is anticipated that the construction specifications will be written for well disconnection
within this time period and a variance will not be needed from ti~ BAAQMD.
Subta~k 6.3 Approval~ - Bay Conservation and Development Commi~ion and the Arm "~
Corp of Engineer~
Due to the location of the landfill adjacent to areas under the jurisdiction ofthe Bay Conservation and
Development Commission (BCIX2) and the United Stat~ Army Corp. &Engineers (COE), approvals
may be needed for components ofthe closure of Phase lIB. This task includes submittal ofthe Initial
Study and plans to BCDC and the COE for review. Processing of permit applications or meeting
with staffofBCDC or COE is not included.
Subtask 6.4 Local Enforcement Agency Approval
Review and approval ofboth the ulxlates to the Final Closure and Postclosure Maintenance Plan and
probably the construction plans for Phase lIB final closure will be needed flom the Santa Clara
County Public Health Department who act as the Local Enforcement Agency (LEA). This subtask
includes submittal ofplan~, specifications and any supporting documentation and follow-up as needed
to respond to questions or comments.
._1
LU
W
LLI
TABLE 1
PALO ALTO LANDFILL CLOSURE PLAN UPDATE, PHASE liB CLOSURE
TOTAL PROJECT COSTS
Tasks
TASK 1 - Review & Evaluate Information
TASK 2 - Attend Meetings
TASK 3 - Revise Final Closure & Postclosure Plans
TASK 4 - Prepare Phase liB Closure Documents
Construction Plans
Technical Specifications
Engineer’s Construction Cost Estimate
Bid Schedule
Schedule of Disbursement
TASK 5 - Identify Permits & Approvals
TASK 6 - Obtain Permits & Approvals (Optional)
Initial Study
BAAQMD Variance
BCDC/COE Approvals
LEA Approval
TOTAL:
EBA
Direct
Labor
$ 1,320
$ 3,060
$ 9,790
$
$
$
$
$
$
$
$
$
$
15,690
7,402
620
974
784
1,675
3,293
854
1,269
54O
47,271
Outside
$
$
$
$
$
$
$
$
$
$
$
$
$
$
Materials &
Miscellaneous
Services Costs
$
$
$
1,495 $
-$
-$
-$
-$
-$
$
$
$
$
1,495 $
25O
5O
150
150
5O
650
Total
Estimated
Cost
$1,320
$3,310
$9,840
$17,335
$7,552
$62O
$974
$784
$1,675
$3,343
$854
$1,269
$ 54O
$ 49,416
DELIVERABLES:
1. Closure Plan Updates
2. Phase liB Plans & Specifications
3. Meetings
3 Draft, 12 Final
6 Draft, 12 Final
3 at Public Works Offices in Palo Alto
NOTES:
1. Miscellaneous costs include travel, report copies, faxes, etc.
2. Outside services includes drilling for verification of existing foundation layer
I:\proposal\1997\137-97\cost.xls EBA WASTECHNOLOGIES
ASTECHNOLOGIES
Engineers & Environmental Consultants
EXHIBIT B
STANDARD SCHEDULE OF FEES AND RATES
Principal Enginee~ ....................................$125.00 per hour
Chief Geologist .......................................$ 90.00 - $100.00
Project Manager .....................................$
Senior Geologist . ..............- ......................$
Senior Engineer ......................................$ 85.00 - $ 90.00
Project Engineer .....................................$ 75.00 - $ 85.00
Project Geologist .....................................$ 75.00 - $ 85.00
Staff Geologist ......................................$ 60.00 - $ 75.00
per hour
95.00-$105.00 per hour
85.00- $ 90.00 per hour
perhbur
perhour
per hour
per hour
Staff’Engineer ....... ................................$ 60.00 - $ 75.00
Survey: 3 Man Crew (incl. equipment) .....................$185.00 per hour
Survey: 2 Man Crew (incl. equipment) .....................$145.00 per hour
Planner ............................................$ 65.00 per hour
Senior Planner .......................................$ 80.00 - $ 90.00 per hour
Environmental Specialist 1 ..............................$ 55.00 per hour
Environmental Specialist 2 ..............................$ 60.00 per hour
Senior Environmental Specialist ..........................$ 65.00 per hour
Design Draftsperson ..................................$ 45.00 - $ 50.00 per hour
Wordprocessing ......................................$ 42.00 per hour
Clerical ............................................$ 40.00 per hour
Administrative .......................................$ 55.00 per hour
Systems Manager ....................................$ 60.00 per hour
Depositions or court proceedings .........................150% of usual rates
Subconsultants ......................................Cost plus 15%
Prints and materials ...................................Cost plus 15%
Miscellaneous expenses ................................Cost plus 15%
per hour
Effective December, 1996
L:~’I~ RSWO RM SkE BAR.ATE S.9 7
825 Sonoma Avenue, Suite C Santa Rosa, California 95404 (707) 544-0784
225W. Hospitality Lane, Suite 200 San Bernardino, CA92408 (909) 890-0432
e-mail: ebawaste@wco.com
FAX (707) 544-0866
FAX (909) 890-0422
DEALEY, RENTOH & ASSOCIATES
Insurance Br~kers B. Cenr~d
P.O. Bvx 12675
510-465-3090
EBA ~ASTECHNOL~G1ES
~25 S~noma Avenue
!TBD 7105197
EId~LO~’ LIIOILITV
P [,~OILt II~JURY
P~OPEk~Y
$1,000,000 PER
CLAIM & AGGREGATE
n~ured, for work performed by Name~ Insured, Cov~ra9e shal ae,~t~mary
off,l aa~insl the City
Soan Kennedy¯-.~’~Imp~.u .’Conlr a~l Admln~slrat~on ~.~ ,
Box 10250 ,’;’~
~00d ~9"ON
Additional lnsured
Owners, Lessees or Contractors ~orm .B).~G~0 10 11-85
Percy Amendment-~General Liability
INSURED:
INSURANCE cARRIEIL"
POLICY NUMBER:
PROI)UCER:
.ISSUE DATE:
Schedule:
Name of Person or Organization:
The City of.Pa]o Alto, lts Officers, Agents and Employees
WHO IS AN INSURED (Section IF) is amended to include as aa j~, ’.’~red the person or organization
shown in the Sclr, atule, but only wifl~ respect to li~ility m-Mag out.d~r work for that insured I~, or
Ibr y~m.
COMMERC’ZS~L GENERAL LIABILITY COVERAGE .FOR~ - CG0001 (II188)
Primary (:overage: Pet" Section IV Commercial General Liab~lit~i.C. ~ditions - Secdon 4, Other
Insurance, ,,:
Cross Liability Clause: Per Section IV Commercial Gene~..’l.L.i~.l;fiSty Conditions ~ Section 7,
Separation of Insareds.
Waiver of Sabrogation: Per Section IV Commercial Ge~teml ~iit~ility Conditions - Section 8,
’transfer of Rights oi’Reeovery Against Others to Company.
Notice of Cancellation:’ It is mxdersto~d and agreed that in ~d event of cancellation of the
Policy for any reason other than non-payment of premium, 30 d.~ .writt~ notice will be smt to
the certificate holdex by mail. In the event the policy is ¢aneele~ f6~ ~on-payme~t of premium, ] 0 -
days wrkteax notict ~ be sent to the above. ,
Authorized Rep~
PU]3LIC IdI:]IRKS OPS KS OP.3Li’+-16-19S7
AFFIRMATIVE ACTION GUIDELINES
EXHIBIT D
SECTION 00820
City of Palo Alto
Contract Administration
J::’~F-AWARD PHASE OF= CONTRACT
In addition to the Certificate of Nondis~imination required to be filed under
Section 2.30.160 of the Palo Alto Municipal Code (hereinafter "PAMC’), the
Contractor shall complete a questionnaire furnished by’ the City setting forth
the affirmative actions the Contractor" has taken or will take to:
1.Recruit minorities in its location for all Jevels of jobs.
2.Select methods assuring equal employment opportunity for all percons.
Est=~blish a training program for new hires where necessary to assure
ample opportunity ~or the less qualified to more fully qualify.
Provide adequate opportunity for upgrading and further training to
assure equal opportunity in advancement and promotion,
Provide counseling service for all who may need help to advance,
especially new employee=.
6. Educate supervisors regarding nondiscrimination practices:
.in addition to furnishing the completed questionnaire called for under (A.)
above, each Contractor for s construction or service project within the City
=hall submit the following Information for Contractor and each ~;ubcontractor.
This Information =hall constitute the bidding ontractor’s Minority
Employment P~ogram (hereinafter "MEP’|.
The estimated total number by job classification of personnel who shall
be used by the ’Contractor and each Subcontractor in performance of
the contra’ct. These numbers shall include the estimated breakdown
by one month for the life of the contract. No estimate furnished under
this subparagraph ~hall be construed or enforced as a hiring quota.
PURCHASING ADMINISTRATION: Affirmative A~lion SECTION
.3UN-16-1999 1~:18
AFFIRMATIVE ACTION GUIDELINES
KS OP
SECTION 00820
In preparing these estimates it is expected the Contractor will take, or
agree to take," these additional steps to assure affirmative action in the
field of minority employment.
Recruiting for needed help in the local areas’inhabited by
minority members, including open advertising and use of
various established public and private agencies. ILists and
advice furnished by the Pal, Alto Human Relations Council
{hereinafter "PAHRC
Training those less qualified to assure adequate promotional
opportunities for a#l.
Providing necessary counseling for upgrading, including use of
outside training facilities in this area, (lists available from the
PAHRC}.
Assigning an Equal Employment.Opporfunity (hereinafter "EEO’)
coordinator full time or a= additional duty and assuring that all
supervisors are aware of their responsibilities and that union
representatives recognize their obligation in the EEO program.
Assuring that all Subcontractors are in compliance with the
federal and California state laws and regulations relating to
nondiscrimlnation.
Where the contract is of sufficient duration, assuring develop
ment of apprenticeship programs with union cooperation,
Upon request, furnishing the City a copy of the late~t Federal
Form EEOol, or .equivalent form.
Providing the name and address of all suppliers whose supplies
and/or equipment exceed 5 % of the total supply cost for each
contract and subcontract for the pe~formance of the contract.
Any Contractor not submitting an MEP shall not be’defined as a "responsible
bidder" and his/her Bid shall be disregarded in the manner now prescribed by
the City.
The City Manager, or designate, will analyse the MEP submitted by each
Contractor with the objective of determining if the program submitted by the
Contractor for himself and his Subcontractors presents a reasonable effort to
further minority employment.
PURCHASING ADMINISTRATION: Aflirm~ive Action,SECTION 00820.2
- .3~+-16-1~97 1~:25 PUBLIC ~S OPS ES OP P.02
AFFIRMATIVE ACTION GUIDELINES SECTION 00820
If the City Manager has questions about a particular Bidder’s proposal, he or
she may address such questions to the Bidder. The City Manager will be
available to answer questions relative to the guidelines and to advise those
seeking assistance of resources known to hlm/her. He or she shall not be
responsible for the service or lack of service rendered by the resources
recommended, nor shall he/she be responsible for developing an MEB for any
Contractor, or to serve as a recruiter for any Contractor/Subcontractor.
Bidders shall be allowed to revise their MEP after consideration. If Bidders
withdraw their MEP for revision, their revised program must be resubmitted
by a date which shall be established by the City Manager or designate.
Bidders failing to have their revised MEP submitted by the established date
shall not be classified as a responsible Bidder.
Upon award of the contract by the City, the recipient’s MEP which has been
approved and accepted by the City shall be an integral part of the contract
and subject to Section 2.30.093 of the PANIC. No Contractor shall be
deemed in material breach of Contract under PAMC Section 2.30.093 when
he/she has made ~ reasonable and substantial effort to comply with the MEP.
Ill. - .
The Contractor shall post in onspicu.ous places, available to employees and
applicants for employment, notices to be provided, setting forth the law.
prohlbiting.discrimination and advising anyone who feels he or she Is being
discriminated against to advise the FEPC.
The Contractor shall make written pr’ogress reports on the performance of his
MEP at Intervals established by the City Manager or designate, the
Contractor, however, is encouraged to submit written reports as often and
when he/she deems it relevant to his/her MEP.
The City Manager shall monitor the.performance of the MEP until completion
of the contract and will report to the PAHRC on the progress of the
contractor in living up to his MEP.
The City Manager shall monitor the performance of the MEP until completion
of the contract and will report to the PAHRC on the progress of the
Contractor in living up to his/her MEP,
Any questions of possible breaching of MEP shall be discussed with the
¯ Contractor by the City Manager,
PURCHASING ADMINISTRATION:’ Affimtative Action " ’ SECTION 00820-3
JL~. 16-1997 13:25 PUBLIC WORKS OPS
AFFIRMATIVE ACTION GUIDELINES
KS OP
SECTION 00820
Resolutions No. 4!44 and 4148
Polo Alto Municipal Code 2.30.090
Ordinance No. 2420
The Contractor will meet. or make good faith efforts to meet, the following
Minority Business EnterpriseslWomen Business EnterprlseslDisabled Veterans.
Business Enterprises goals or Contractor’s applicable goals in the award of
every contract for work to be performed under these P~ovisions:
Minority Business Enterprises - 15%
Women Business Enterprises- 5%
Disabled Veterans BuSiness Enterprises - 3 %
The City of Polo Alto shall have the sole duty and authority under this
Agreement to determine whether good faith efforts were sufficient,
COMPLIANCE REPORT
IMPORTANT
3"his report must be’ompleted by prime
contractor and each subcontractor.
Complete all items unless otherwise
instructed. Use extra sheet~ If
necessary. SUBMIT ORIGINAL OF THIS
REPORT DIRECTLY TO:
Landfill ClosureProject ~
.EB~ Wastechnolo~iesName of Firm .....
Manager of Purchasing
Civic Center
250 Hamilton Avenue
Polo Alto, CA 94301
Circle One: ’----P~me~Con~tracto~ \.
Telephone (_707 ) 544-0784
Name of person preparing form,
person to ontact.
Nazar El j umaily__Ext.~
Subcontractor
PURCHASING ADMINISTRATION: Affirmative Action SECTION 00820=4
~16-1997
AFFIRMATIV~E A~CTION (3U!DELINES SECTION 00820
Part I Complete the Following:
D~scription: _
1. Full name and address of
firm or other reporting unit
covered b this re oft.
2. Name and address of
~at or manager. ....
3. Name and address of
principal office of co,mpaqy.
4. Name and address of parent
company if affiliated
corporation..
5. Name and address of pi~me
contractor (complete only if this
is e subcontractor’s repqrt. ,
6. Signature and title of
authorized representative.
Type or Write ,,in Here:
EBA Wastechnologies
825 Sonoma Avenue
Santa Rosa, CA 95404
Duane Butler
825 Sonoma Avenue, Santa Rosa, CA
EBA Wastechnologies
825 Sonoma Avenue, Santa Rosa, CA
BY: Nazar Eljumaily
TITLE: Managing Director
Jun~ 19, 1997DATE:
P~rt II--Policy information
Attach a statement of your ¢ompany°s policy on e~tual employment
opportunity.to all persons without regard’to race, creed, color, national origin.or ancestry, and describe what steps have been taken to put this policy into
effect.
Part ill--Circle
1.~ No ’
2/Yes\ No
the Proper Answer.
Have you |nforme.d company officials and representatives regarding the non-
discrimination provisions of City of Palo’Alto C¢~tra~s?
Have you examined your company’s practices regarding assignments, layoffs
or transfers of your employees ~rom one job to an.other for evidence of a
practice or employment gattern that might appear to be discriminatory and
based upon ~ex, race, color, ancestry, religion, national origin or disability?
Are they no.n=discriminatory?
PURCHASING ADMINISTRATION: Affltmative Action SECTION 008~0.~
II.EMPLOYMENT PRACTICES
2.1 ~UAL EMPLOYMENT OPPORTUNITy
EBA, in recognition of our responsibility to our employees and to the communities in which we
OlXn’ate, reaffirms our equal employment opportunity policy of complying with all federal, state,
and local equal employment opportunity/non-discrimination laws. In carrying out this
responsibility, we will:
re~t, hire and promote for all job classifications on the basis of an individual’s job-related
qualifications without regard to race, color, national origin, religion, gender, age, marital
or veteran status, political affiliation, sexual preference or orientation, or the presence of a
non-job-related medical condition or handicap.
base all personnel actions such as compensation, benefits, transfers, return from layoffs,
company-sponsored training, social and recreational programs, and terminations upon job-
related factors without regard to race, color, national origin, religion, gender, age, marital
or veteran status, political affiliation, sexual preference or orientation, or the presence of a
non-job-related medical condition or handicap.
comply with applicable laws ensuring equal employment opportunities to qualified individuals
with a disability; the company will make reasonable accommodations for the known physical
or mental limitations of an otherwise qualified individual with a disability who is an applicant
or an employee, unless undue hardship would result.
Any applicant or employee who requires an accommodation to perform the essential functions
of the job should contact the Administrator and request such an accommodation. The individual
with the disability should specify what accommodation is needed to perform the job. The
company will then.perform an investigation to identify the barriers that make it difficult for the
applicant or employee to have an equal opportunity to perform the job. The company will
identify possible accommodations, if any, that will help eliminate the limitation. If the
accommodation is reasonable and will not impose an undue hardship, the company will make
the accommodation.
If you believe you have been subjected to any form of unlawful discrimination, provide a written
complaint to the Administrator as soon as possible. If the complaint relates to the Administrator
or the Administrator’s personnel, you may also provide your complaint to the CEO. Your
complaint should be specific and should include the name(s) of the individual(s) involved and
the names of any witnesses. The company will immediately undertake an effective, thorough
and objective investigation and attempt to resolve the situation.
If the company determines that unlawful discrimination has occurred, effective remedial action
will be taken and appropriate steps will be taken to deter any future discdrnination. Whatever
action is taken it will be made known to you and, EBA will take appropriate action to remedy
any loss to you as a result of the discrimination. The company will not retaliate against you for
filing a complaint and will not willingly permit retaliation by management employees or your
co-workers.
PUBLIC UORKS OPS KS OP
AFFIRMATIVE ACTION GUIDELINES SECTION 00820
3. Yes No Do you have educational or training programs sponsored or financed for the
benefit of employees or prospective employees.
a.~ How many people participate in these programs?
b.__,==_=_ How many are minorities?
YeS No
Does your employment advertising ~tate you are an e~/ual opportunity
employer?.
Are any apprentices obtained from sources outside the employer’s work
force? If yes, have you circulated information about apprenticeship openings
or opportunities to the following.
~,Yes No
\Yes No
Yes ’, No
Yes ~o
State Employment Offices
Newspapers or other media
High Schools, including those in minority group areas.
Local trade or vocational schools, including those with minority
group students.
Agencies or organizations specializing in minority employment.
Federal or State apprenticeship representatives. ’
Who7
Others L _
if you are a prime contractor, have all subcontractors covered by these
compliance inspection reports been instructed as to their contractual
obligations relating to non-discrimination provisions of City of Polo Alto
Contracts?
7,, Yes’ No Have all recruitment sources been advised, that all lualified applicants will
receive consideration for employment without regard to sex. race, color,
ancestry, religion, national origin, or disability?
Identify (names and addresses) the employment agencies, personnel
recruitment organizations, newspaper advertising or other non-union sources
from which the company recruits its i~ersonnel_
¯SEE ATT!~CHED :LIST
Pert IV--UnionlCrafts Information
1. Yes ’~ Have you a collectk;e bargaining agreement with a labor union or other
¯PURCHASING ADMINISTRATION: Affirmative AcIJOn SECTION
Press Democrat
P. O. Box 1419
Santa Rosa, CA 95402
San Francisco Newspaper Agency
P. O. Box 7269
San Francisco, CA 94120-7269
Los Angeles Times
P. O. Box 6018
General Mail Facility
Los Angeles, CA 90099-0021
Sonoma State University
1801 East Cotati Avenue
Rohnert Park, CA 94928
PUB..IC WCR~S OPS KS OPJ .L~-16-1997 13:26
AFFIRMA,_~~VE ACTION GUIDELINES,
2. Yes No
NIA
SECTION 00820
organization? If yes, specify the’Union(s) or o~’ganizationls)
~ave yOu"advlse~J the labor ~Jni~n ~nd/or worki~ 0rganiza~
company’s responsibility under the nonodiscr;mination provisions of Cit~"
contracts.
N/A
Approximately what percentage of your employees covered by union
agreements are referred by o~’ hired through the unions?
Explain procedure for hiring balance ........
4. Yes No
N/A
Does the company’s collective bargaining agreement or other contract or
understanding with a labor union (or unions) or other worker’S organization
include a provision for non-discrimination in employment?
5. Yes No -
N/.A
6. Yes No
N/A
Is there any labor union or worker’s organization policy which preventa you
from fulfilling your obligations under the non-discrimination provisions of City
r, ontracts? If so, spe¢ify.~= _
Specify the trade(s) or craft(s) involved in this contract.
Use this apace for comment on ~ny answers you have supplied.
Note: ’in compliance with the Americans with Disabilities Act (ADA) of 1990, this document
may be provided in other accessible formats. For information, contact: Fred Herman. ADA
Director. City of Palo Alto (415) 329°2550 (voice) or (415) 328-1199
PURCHASING ADMINL~TRA’tlON; Affirmative
JL~.16-1997 13:L:~ PUBLIC WORKS OPS KS OP
AFFIRMATIVE ACTION GUIDELINES SECTION 008:
DATE: June 19, 1997
RACIAL. MAKEUP OFREPORTING UNIT
Nazar Eljumaily
NameofFirm EBA Wastechnologies .$ubmhtedby~
Pr0je~Name=City of Palo Alto Landfill Closure
C~ntract # ’-(Indicate only for monthly report. No. 3)
Three types of breakdown are required. This form is used for all three. (Check-V’)
D -1-Permanent makeup of company. [~’ o2-Estimated makeup for thi~ project.
[~] ;3-Monthly report for___.___~_19===_. Submit once per month for duration of project.
1 -- Permanent.2 ,= Estimate for project.3 = Monthly" only.
Be sure to include aJ~ empioy"ees in first column, not just minorities. Nos. 1 and 2 below are
’CATEGORIES
Category =
Manage~men~t
_Professionals_
Cierical~lffica
Field Super~sor
Skilled - List:
required to be filled in and submitted with Compliance
Total all
’~Emp|oyees _
Female
-1.[2 3
Black
112’: 3
Report.
American ’
Indian
1 2 ~ 3
a.Env Tech
b.CAD Tech
c.
Unskilled - List:
ITotal of
Above:19 I0 6 5
The data below should also be included in the categories above, This is for On Job Trainin
a.White Collar
END OF SECTION
PURCHASING ADMINISTRATION: Affirmative Action
3UN-16-1997 13:27 PUELIC WORKS OPS KS OP P.~
CERTIFICATION of NONDISCRIMINATION City of Paio Alto
Project:
~of_ Nondiscrlm;nation: As suppliers of goods or services to the City of Palo Alto,
the firm and individuals listed below certify that they do not discriminate in employment with
regards to age, race, color, religion, sex, national origin, ancestry, disability, or sexual
preference; that they ere in compliance with all Federal, State and local directives and
executive orders regarding nondiscrimination in employment; end that they agree to
demonstrate positively end aggressively the principle of equal opportunity in employment.
The Bidder agrees specifically:
1.0 To establish or observe employment policies which affirmatively promote
opportunities for minorlW persons at all job levels.
2.0 To communicate this policy to ell persons concerned, including ell e.mployees,
outside recruiting servi~es, especially those serving minority ommunities, and
to the minority ~ommunities et large.
3.0 To take affirmative action steps to hire minority employees within the
organization.
4.0 To be knowledgeable of the local, state, and federal laws and regulations
concerning affirmative action policies and provide opportunities for employees.
Firm:EBA WastechnoloEies DATE: June 19, 1997
Title of Officer Signing:Managing Director
Signature
Please include any additional information available regarding equal opportunity employment
programs now in effect within your company.
END OF SECTION
CITY of PALO ALTO: Non-discrimination (6/94)