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HomeMy WebLinkAboutStaff Report 293-09TO: HONORABLE CITY COUNCIL FROM: CITY MANAGER DEPARTMENT: PUBLIC WORKS DATE: JULY 6, 2009 CMR:293:09 REPORT TYPE: CONSENT SUBJECT: Approval of Contract with Thomas S. Barron, PE, a Consulting Civil Engineer, in a Total Amount Not to Exceed $99,000 Per Year With an Option to Renew for Two Additional One Year Terms for Industrial Wastewater Discharge Evaluations for the Regional Water Quality Control Plant RECOMMENDATION Staff recommends that Council: 1. Approve and authorize the City Manager or his designee to execute the attached contract with Thomas S. Barron, P.E. in the amount of $99,000 for the fIrst contract year for assistance in evaluating industrial wastewater discharges at the Regional Water Quality Control Plant. 2. Authorize. the City Manager or his designee to exercise the option to renew the contract for the second and third year, in an amount of $99,000 per year. DISCUSSION Scope of Services Description The scope of work to be perfonned under this contract is for engineering consultant services needed to assist Regional Water Quality Control Plant (RWQCP) staff in evaluating industrial processes, practices, and sampling data to determine compliance status, investigate methods of reducing pollutant loadings, and conduct trend analyses. These tasks are part of a larger effort to reduce pollutants discharged to the RWQCP from industrial processes, and from commercial and residential sources. This source control work is needed to ensure that the treated wastewater, air emissions, reclaimed water, and incinerator ash from the Plant meet all regulatory requirements, and that pollutants are reduced to the maximum extent practicable. The draft scope of services was reviewed and approved during the Budget process. Please see Exhibit A of Attachment A for the complete scope of services. CMR:293:09 Page 1 of3 Solicitation Process A Request for Proposal for the project was posted at City Hall and sent to nine consulting fInnS on April 20, 2009. The solicitation period was 22 days. Two consulting firms, Thomas S. Barron, P.E., and R&M Environmental and Infrastructure Engineering, Inc., submitted proposals. The City did not receive more responses because of the highly specialized nature of the work. The work requires technical knowledge about metal finishing shops, extensive experience in water pollution prevention, and familiarity with water treatment facility processes. ummaryo o lCltatlOn rocess S fS r' . P Proposal DescriptionlNumber Industrial Wastewater Discharge EvaluationlRFP Number 13126() Proposed Length ofpf(~iect 36 months Number of Proposals Mailed 9 Total Days to Respond to Proposal 22 Number of Proposals Received 2 An evaluation committee of three Public Works Environmental Compliance Division staff was utilized to review the proposals. The committee carefully reviewed each firmts qualifications and submittal in response to the criteria identified in the RFP. The criteria used to evaluate the proposing firms included: quality and completeness of proposal; quality, performance, and effectiveness of the solutions; proposer's experience; cost; proposer's financial stability; proposer's ability to perform the work within the time specified; proposer's prior record of performance with the City; proposer's compliance with applicable laws and regulations. Each of the three reviewers selected Thomas S. Barron's proposal as best meeting the review criteria Thomas S. Barron's proposal and his previous work under contract with the City of Palo Alto, demonstrate that he is capable of successfully meeting the project requirements. Staff recommends that the contract be awarded to Thomas S. Barron. RESOURCE IMPACT Funds are available in the Fiscal Year 2010 operating budget of the Regional Water Quality Control Plant to cover the current year contract and contingency amounts. POLICY IMPLICATIONS: This contract continues similar work done previously and does not represent new policy direction. ENVIRONMENTAL REVIEW This contract approval is exempt under Section 15307 of the California Environmental Quality Act guidelines and no environmental review is required. ATTACHMENTS Attachment A: CMR:293:09 Contract (includes Scope o/Services) Page 2 on PREPARED BY: 7 ~?--- DEPARTMENT HEAD: CITY MANAGER APPROVAL: C1l.VJ'¥'U' ~ENE ATTACHMENT A CITY OF PALO ALTO CONTRACT NO.: C09131266 AGREEMENT BETWEEN THE CITY OF PALO ALTO AND THOMAS S. BARRON, PE FOR PROFESSIONAL SERVICES INDUSTRIAL WASTE WATER DISCHARGE EVALUATIONS This AGREEMENT is entered into • by and between the CITY OF PALO ALTO, a charter city and a municipal corporation of the State of California ("CITY"), and THOMAS S. BARRON, PE CIVIL ENGINEER~ a Sole Proprietor with offices located at 3351 Beechwood Drive~ Lafayette, CA 94549 C'CONSULTANT"). RECITALS The following recitals are a substantive portion of this Agreement. A. CITY intends to conduct industrial wastewater discharge evaluations ("Project'') and desires to engage a consultant to assist the Regional Water Quality Control Plant in meeting stringent standards for discharge to San FranciSco Bay in connection with the Project (~'Services"). B. CONSULTANT has represented that it has the necessary professional expertise, qualifications, and capability, and all required licenses and/or certifications to provide the Services. C. CITY in reliance on these representations desires to engage CONSULTANT to provide the Services as more fully described in Exhibit "A", attached to and made a part of this Agreement. NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, this Agreement, the parties agree: AGREEMENT SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perfonn the Services described in Exhibit 4'A'" in accordance with the tenns and conditions contained in this Agreement. The perfonnance of all Services shall be to the reasonable satisfaction of CITY. SECTION 2. TERM. The tenn of this Agreement shall be from the date of its full execution by CITY, and shall expire one year from the commencement date, and may be extended by CITY for up to an additional two (2) 12-month periods (each an "Additional Tenn") for a maximum ofthirty-six (36) consecutive months, subject to CITY Council's annual approval of each current year's budget and appropriation of funds unless terminated earlier pursuant to Section 19 of this Agreement. SECTION 3. SCHEDULE OF PERFORMANCE. Time is ofthe essence in the perfonnance of Services under this Agreement. CONSULTANT shall complete the Services within the tenn of this Agreement and in accordance with the schedule set forth in Exhibit "B". attached to and made a part of this Agreement. Any Services for which times for perfonnance are not specified in this Agreement shall be commenced and completed by CONSULT ANT in a reasonably prompt and timely manner 1 09064 professional Services Revised 10/lS/07 CITY OF PALO ALTO CONTRACT NO.: C09131266 based upon the circumstances and direction communicated to the CONSULTANT. CITyts agreement to extend the term or the schedule for performance shall not preclude recovery of damages for delay if the extension is required due to the fault of CONSULT ANT. SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to CONSULTANT for performance of the Services described in Exhibit "A", including both payment for professional services and reimbursable expenses, shall not exceed Ninety-nine Thousand Dollars ($99,000.00) per year. In the event Additional Services are authorized, the total compensation for services and reimbursable expenses shall not exceed Ninety-nine Thousand Dollars ($99,000.00) per year. The applicable rates and schedule of payment are set out in Exhibit "C", entitled "COMPENSATION," which is attached to and made a part of this Agreement. Additional Services, if any, shall be authorized in accordance with and subject to the provisions of Exhibit "C", CONSULTANT shall not receive any compensation for Additional Services performed without the prior written authorization of CITY. Additional Services shall mean any work that is detennined by CITY to be necessary for the proper completion of the Project, but which is not included within the Scope of Services described in Exhibit "A", SECTION 5. INVOICES .. In order to request payment, CONSULTANT shall submit monthly invoices to the CITY describing the services performed and the applicable charges (including an identification of personnel who performed the services, hours worked, hourly rates, and reimbursable expenses), based upon the CONSULT ANr s billing rates (set forth in Exhibit "C'j. If applicable, the invoice shall also describe the percentage of completion of each task. The information in CONSULTANT's payment requests shall be subject to verification by CITY. CONSULTANT shall send all invoices to the City' sproject manager at the address specified in Section 13 below. The City will generally process and pay invoices within thirty (30) days of receipt SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All of the Services shall be perfonned by CONSULTANT or under CONSULTANT's supervision. CONSULT ANT represents that it possesses the professional and technical personnel necessary to perform the Services required by this Agreement and that the personnel have sufficient skill and experience to perform the Services assigned to them. CONSULTANT represents that it, its employees and subconsultants, if permitted, have and shall maintain during the term of this Agreement all licenses, permits, qualifications, insurance and approvals of whatever nature that are legally required to perform the Services. All of the services to be furnished by CONSULTANT under this agreement shall meet the professional standard and quality that prevail among professionals in the same discipline and of similar knowledge and skill engaged in related work throughout California under the same or similar circumstances. SECTION 7. COMPLIANCE WITH LAWS. CONSULT ANT shall keep itself informed of and in compliance with all federal, state and locallawst ordinances, regulations, and orders that may affect in any manner the Project or the perfonnance of the Services or those engaged to perform Services under this Agreement. CONSULT ANT shall procure all permits and licenses, pay all charges and fees, and give all notices required by law in the performance of the Services. 2 09064 Professional Services Revised 10/18/07 CITY OF PALO ALTO CONTRACT NO.: C09131266 SECTION 8. ERRORS/OMISSIONS. CONSULT ANT shall correct, at no cost to CITY, any and all errors, omissions, or ambiguities in the work product submitted to CITY, provided CITY gives notice to CONSULTANT. If CONSULTANT has prepared plans and specifications or other design documents to construct the Project, CONSULTANT shall be obligated to correct any and all errors, omissions or ambiguities discovered prior to and during the course of construction of the Project. This obligation shall survive tennination of the Agreement. SECTION 9. COST ESTIMATES. If this Agreement pertains to the design of a public works project, CONSULT ANT shall submit estimates of probable construction costs at each phase of design submittal. If the total estimated construction cost at any submittal exceeds ten percent (10%) of the CITY's stated construction budget, CONSULTANT shall make recommendations to the CITY for aligning the PROmCT design with the budget, incorporate CITY approved recommendations, and revise the design to meet the Project budget, at no additional cost to CITY. SECTION 10. INDEPENDENT CONTRACTOR. It is understood and agreed that in perfonning the Services under this Agreement CONSULTANT, and any person employed by or contracted with CONSULTANT to furnish labor andlor materials under this Agreement, shall act as and be an independent contractor and not an agent or employee of the CITY. SECTION 11. ASSIGNMENT. The parties agree that the expertise and experience of CONSULTANT are material considerations for this Agreement CONSULTANT shall not assign or transfer any interest in this Agreement nor the perfonnance of any of CONSUL T ANT's obligations hereunder without the prior written consent of the city manager. Consent to one assignment will not be deemed to be consent to any subsequent assignment Any assignment made without the approval of the city manager will be void. SECTION 12. SUBCONTRACTING. Notwithstanding Section 11 above. CITY agrees that subconsultants may be used to complete the Services. The subconsultants authorized by CITY to perfonn work on this Project are: 1. Stephanie Hughes -Chemical Engineer/Assistant Project Manager 2. Kelly Moran-Senior Scientist 3. Nelda Matheny -Technical Assistant and Senior Scientist 4. Ann Blake -Senior Scientist 5. Alicia Culver -Senior Researcher 6. Susan Kegley -Technical Assistant and Senior Scientist CONSULTANT shall be responsible for directing the work of any subconsultants and for any compensation due to subconsultants. CITY assumes no responsibility whatsoever concerning compensation. CONSULT ANT shall be fully responsible to CITY for aU acts and omissions of a 3 09064 Professional Services Revised 10/18/07 CITY OF PALO ALTO CONTRACT NO.: C09131266 subconsultant. CONSULT ANT shall change or add subconsultants only with the prior approval of the city manager or his designee. SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Thomas Barron as the project director to have supervisory responsibility for the performance, progress, and execution of the Services and as the project coordinator to represent CONSULT ANT during the day-to-day work on the Project. If circumstances cause the substitution of the project director, project coordinator, or any other key personnel for any reason, the appointment of a substitute project director and the assignment of any key new or replacement personnel will be subject to the prior written approval of the CITY's project manager. CONSULTANT, at CITY's request, shall promptly remove personnel who CITY finds do not perfonn1he Services in an acceptable manner, are uncooperative, or present a threat to the adequate· or timely completion of the Project or a threat to the safety of persons or property. The City's project manager is 'Brad Eggleston, Public Works Department, Environmental Compliance Division, at 2501 Embarcadero Way, Palo Alto, CA 94303, Telephone: 650-329-2104. The project manager will be CONSULTANT's point of contact with respect to performance, progress and execution of the Services. The CITY may designate an alternate project manager from time to time. SECTION 14. OWNERSHIP OF MATERIALS. Upon delivery, all work product, including without limitation, all writings, drawings, plans, reports, specifications, calculations, documents, other materials and copyright interests developed under this Agreement shall be and remain the exclusive property of CITY without restriction or limitation upon their use. CONSULTANT agrees that all copyrights which arise from creation of the work pursuant to this Agreement shall be vested in CITY, and CONSULTANT waives and relinquishes all claims to copyright or other intellectual property rights in favor of the CITY. Neither CONSULTANT nor its contractors, if any, shall make any of such materials available to any individual or organization without the prior written approval of the City Manager or designee. CONSULTANT makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the scope of work. SECTION 15. AUDITS. CONSULTANT will permit CITY to audit, at any reasonable time during . the term of this Agreement and for three (3) years thereafter, CONSULTANT's records pertaining to matters covered by this Agreement. CONSULT ANT further agrees to maintain and retain such records for at least three (3) years after the expiration or earlier termination of this Agreement. SECTION 16. INDEMNITY. 16.1. To the fullest extent permitted by law, CONSULTANT shall protect, indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents (each an "fudemnified Party") from and against any and all demands, claims, or liability of any nature, including death or injury to any person, property damage or any other loss, including all costs and expenses of whatever nature including attorneys fees, experts fees, court costs and disbursements ("Claims") that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT, its officers, employ~es, agents or contractors under this 4 09064 Professional Services Revised 10/18/07 CITY OF PALO ALTO CONTRACT NO.: C09131266 Agreement, regardless of whether or not it is caused in part by an Indemnified Party. 16.2. Notwithstanding the above, nothing in this Section 10 shall be construed to require CONSULTANT to indemnify an Indemnified Party from Claims arising from the active negligence, sole negligence or willful misconduct of an Indemnified Party. 16.3. The acceptance of CONSULTANT's services and duties by CITY shall not operate as a waiver ofthe right of indemnification. The provisions ofthis Section 16 shall survive the expiration or early tennination of this Agreement. SECTION 17. WAIVERS. The waiver by either party of any breach or violation of any covenant, tenn, condition or provision of this Agreement, or of the provisions of any ordinance or law, will not be deemed to be a waiver of any other tenn, covenant, condition, provisions, ordinance or law, or of any subsequent breach or violation ofthe same or of any other tenn, covenant, condition, provision, ordinance or law. SECTION 18. INSURANCE. 18.1. CONSULTANT, at its sole cost and expense, shall obtain and maintain, in full force and effect during the tenn of this Agreement, the insurance coverage described in Exhibit "D". CONSULT ANT and its contractors, if any, shall obtain a policy endorsement naming CITY as an additional insured under any general liability or automobile policy or policies. 18.2. All insurance coverage required hereunder shall be provided through carriers with AM Best's Key Rating Guide ratings of A-:Vn or higher which are licensed or authorized to transact insurance business in the State of California. Any and all contractors of CONSULTANT retained to perfonn Services under this Agreement will obtain and maintain, in full force and effect during the term of this Agreement, identical insurance coverage, naming CITY as an additional insured under such policies as required above. 18.3. Certificates evidencing such insurance shall be filed with CITY concurrently with the execution ofthis Agreement. 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 materially reduced in coverage or limits, by the insurer except after filing with the Purchasing Manager thirty (30) days' prior written notice of the cancellation or modification, CONSULTANT shall be responsible for ensuring that current certificates evidencing the insurance are provided to CITY's Purchasing Manager during the entire tenn of this Agreement. 18.4. 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 Agreement. 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 perfonned under this Agreement, including such damage, injury, or loss arising after the Agreement is tenninated or the tenn has expired. 5 09064 Professional Services Revised 10/18/07 CITY OF PALO ALTO CONTRACT NO.: C09131266 SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES. 19.1. The city manager may suspend the perfonnance of the Services, in whole or in part, or tenninate this Agreement, with or without cause, by giving ten (10) days prior written notice thereof to' CONSULTANT. Upon receipt of such notice, CONSULTANT will immediately discontinue its perfonnance of the Services. 19 .2. CONSULT ANT may terminate this Agreement or suspend its perfonnance of the Services by giving thirty (30) days prior written notice thereofto CITY, but only in the event of a substantial failure of perfonnance by CITY. 19.3. Upon such suspension or termination, CONSULTANT shall deliver to the City Manager immediately any and all copies of studies, sketches, drawings, computations, and other data, whether or not completed, prepared by CONSULTANT or its contractors, if any, or given to CONSULTANT or its contractors, if any, in connection with this Agreement. Such materials will become the property of CITY. 19.4. Upon such suspension or termination by CITY, CONSUL TANTwill be paid for the Services rendered or materials delivered to CITY in accordance with the scope of services on or before the effective date (i.e., 10 days after giving notice) of suspension or tennination; provided, however, if this Agreement is suspended or tenninated on account of a default by CONSULTANT, CITY will be obligated to compensate CONSULT ANT only for that portion of CONSULTANT's services which are of direct and immediate benefit to CITY as such detennination may be made by the City Manager acting in the reasonable exercise ofhislher discretion 19.5. No paymellt, 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 Agreement. SECTION 20. NOTICES. 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 With a copy to the Purchasing Manager To CONSULTANT: Attention of the project director at the address of CONSULTANT recited above SECTION 21. CONFLICT OF INTEREST. 21.1. In accepting this Agreement, CONSULTANT covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would 6 09064 Professional services Revised 10/18/07 CITY OF PALO ALTO CONTRACT NO.: C09131266 conflict in any manner or degree with the perfonnance of the Services. 21.2. CONSULTANT further covenants that, in the perfonnance of this Agreement, it will not employ subconsultants, contractors or persons having such an interest. CONSULT ANT certifies that no person who has or will have any financial interest under this Agreement is an officer or employee of CITY; this provision will be interpreted in accordance with the applicable provisions of the Palo Alto Municipal Code and the Government Code of the State of California. 21.3. If the Project Manager determines that CONSULTANT is a "Consultant" as that tenn is defined by the Regulations of the Fair Political Practices Commission, CONSULTANT shall be required and agrees to file the appropriate financial disclosure documents required by the Palo Alto Municipal Code and the Political Reform Act. SECTION 22. NONDISCRIMINATION. As set forth in Palo Alto Municipal Code section 2.30.510, CONSULTANT certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person because of the race, skin color, gender, age, religion, disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status~ weight or height of such person. CONSULTANT acknowledges that it has read and understands the provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section 2.30.510 pertaining to nondiscrimination in employment, including completing the form furnished by CITY and set forth in Exhibit "E.n SECTION 23. MISCELLANEOUS PROVISIONS. 23.1. This Agreement will be governed by the laws of the State of California. 23.2. 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 in the County of Santa Clara, State of California. 23.3. The prevailing party in any action brought to enforce the provisions ofthis Agreement may recover its reasonable costs and attorneys' fees expended in connection with that action. The prevailing party shall be entitled to recover an amount equal to the fair market value of legal services provided by attorneys employed by it as well as any attorneys' fees paid to third parties. 23.4. This docwnent represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations, and contracts, either written or oral. This docwnent may be amended only by a written instrument, which is signed by the parties. 23.5. The covenants, terms, conditions and provisions of this Agreement will apply to, and will bind, the heirs, successors, executors, administrators, assignees, and consultants of the parties. . 23.6. If a court of competent jurisdiction finds or rules that any provision of this 7 09064 Professional Services Revised 10/18/07 CITY OF PALO ALTO CONTRACT NO.: C09131266 Agreement or any amendment thereto is void or unenforceable, the unaffected provisions of this Agreement and any amendments thereto will remain in full force and effect. 23.7. All exhibits referred to in this Agreement and any addenda, appendices, attachments. and schedules to this Agreement which, from time to time, may be referred to in any duly executed amendment hereto are by such reference incorporated in this Agreement and will be deemed to be a part of this Agreement. 23.8. This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code. This Agreement will terminate without anypena1ty (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· Agreement are no longer available. This Section 23.8 shall take precedence in the event of a conflict with any other covenant, term, condition. or provision ofthis Agreement. 23.9. The individuals executing this Agreement represent and warrant that they have the legal capacity and authority to do so. on behalf of their ~spective legal entities .. 8 09064 Professional Services Revised 10/18/07 CITY OF PALO ALTO CONl'RACT NO.: C09131266 IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement on the date first above written. CITY OF PALO ALTO THOMAS B~ON, PE By: ~ ~ City Manager APPROVED AS TO FORM: Title:_---:::::O;..,.;titJ:;-..,;::;....;..:rt;.;:e,.r~ ______ _ City Attorney Attachments: EXHmIT "An: EXHmIT "B": EXHmIT "C": EXHmIT "C-l": EXHIBIT "ott: EXHmIT ''En: 09064 SCOPE OF SERVICES SCHEDULE OF PERFORMANCE COMPENSATION SCHEDULE OF RATES INSURANCE REQUIREMENTS CERTIFICATION OF NONDISCRIMINATION 9 Professional Services Revised 10/18/07 CITY OF PALO ALTO CONTRACT NO.: C09131266 EXHIBIT "A" SCOPE OF SERVICES Task 1. Industrial Dbcharger Inspection Assistance The Project Team will provide on-call assistance to RWQCP staff during compliance inspections of industrial dischargers. This assistance may include the following key activities: 09064 1.1 Compliance Detenninations -As requested by RWQCP staff, the Project Team will assist in the periodic inspection of industrial facilities to detennine whether their discharges are in compliance with permit requirements. For example, the Team will join RWQCP staff in reviewing waste sources and the use of Best Management Practices at laboratories, vehicle wash facilities, dental offices, machine shops, and other sites. 1.2 Pollutant Source Identification and Control-Upon request, the Project Team will help industrial sites identify which of their production processes, facility maintenance operations, or other activities are generating wastewaters containing pollutants of concern to the RWQCP. The Team will also help sites evaluate the technical and economic feasibility of alternative pollution prevention projects and source control measures to reduce the amounts of identified pollutants being discharged to the sanitary sewer system. These evaluations will use the same methods as studies conducted previously by the Project Team at Alza, CPI, Space Systems Loral, and other sites in the RWQCP service area and elsewhere. 1.3 New & Modified Facility Permit Reviews -Metal finishing facilities may elect to discharge to the sanitary sewer under either a concentration-or mass-based local limit. In order to choose between these options, a new or extensively modified site needs to be advised as to which specific Reasonable Control Measures it would have to install in each of these two options. As appropriate, the Project Team will: • Review the shop's construction drawings and other design documents, visit the site, and meet with the shop's equipment vendors; • Prepare a list of Reasonable Control Measures that are to be installed at each waste copper source; • Evaluate alternatives in cases where the shop believes that it's layout or other process requirements prevent the use of particular measures; • Prepare a waste copper mass balance; and Professional Services Revised 10/18/07 CITY OF PALO ALTO CONTRACT NO.: C09131266 • Forecast the amount·ofwaste copper mass that will be discharged by the facility_ 1.4 Trunkline Analyses -In addition to site discharge data, the RWQCP obtains samples and analyzes pollutants at various points in its collection system. To continue to meet ever-stricter metals discharge requirements, the RWQCP must have a robust understanding of metals species throughout the collection system. The Project Team has previously evaluated the concentration and mass of individual metals in the collection system trunklines as well as mass results for the RWQCP partner agencies. An Excel workbook has been prepared to allow data manipulation and a comparison of historical concentration and mass variations between individual tnmklines and between metal species. The workbook and resulting pivot tables and charts are anticipated to be a useful tool for identifying metals trends and develop appropriate source control responses. . Anticipated Data Needs: As necessary for each assigned task, the RWQCP will furnish paper and electronic copies of site permits, applications for permit modifications, site discharge data, trunkline data, and similar information. Other data will be obtained from water districts serving the area. DeHverables: The Project Team will prepare inspection checklists, technical memoranda, and reports to document each site visit and the recommendations that are made. Draft copies of these items will be furnished to the RWQCP for review. The final edition of each report will be accompanied by an electronic copy for RWQCP files andlor posting to the RWQCP website. Electronic copies of all databases and calculation worksheets will also be furnished. Task 2. Metal Finishing Diseharge Compliance Monitoring The Project Team will calculate an annual estimate of the amount of waste copper that metal finishers discharge to the RWQCP. This calculation will include each remaining major metal finishing shop in the service area. The task involves the use of time-weighted concentration and flow data to estimate the copper mass being discharged by each metal finishing site. Alternative flow-weighted and non-weighted methods maybe used. Obtaining these data and making the calculations will involve several steps: 09064 2.1 Organize Calculations -The Project Team will begin by extending the time period covered by each of its existing RCM status spreadsheets, thereby preparing the way for entry of new data. 2 Professional Services Revised 10/18/07 CITY OF PALO ALTO CONTRACT NO.: C09131266 2.2 Review Copper Processes -Next, the Team may briefly contact each site to confirm annual operating days, the status of previously installed RCMs, process changes, and copper discharge reduction projects. 2.3 Obtain Discharge Data -Each site will be asked to confirm its PRCC data (Le., copper concentration and flow meter readings) for the wastewater discharge from its metal finishing operations. As appropriate, the Team will obtain results of flow meter calibrations that may have been done by the sites, and will compare discharge and water supply meter data. 2.4 ComRute Copper Dischargt!s -Next, the Project Team will perfonn weighted and non-weighted calculations to detemrine the 12-month rolling average daily copper discharge concentration and mass for each metal finishing site. 2.5 Present Results -Calculation results win appear as both tables and charts, following the formats presented in RWQCP annual reports. Anticipated Data Needs: The RWQCP and the City of Mountain View will be requested at the end of each 6-month period to furnish electronic copies of available PRCC copper concentration and sewer flow data for each site. In coordination with the responsible source control inspectors, the Project Team may obtain additional data directly from each site. Dellverables: Copper discharge calculation results will be presented in report form, as described above. In addition, .doc, .xls, and .pdf copies will be furnished of the annual report input together with all spreadsheets used in the calculations. Task 3. Po))utant Source Evaluations The Project Team will conduct special pollutant source evaluations as requested by the RWQCP. In these efforts, the Project Team will review one or more industrial facilities, classes of industrial activities, or products, to detennine potential sources of pollutants and possible control measures. In each case, the Project Team will prepare a workplan for approval by the RWQCP prior to commencing. The deliverables for each evaluation will be draft and final technical memoranda, together with copies of supporting data and calculations. The Project Team will, upon request, continue with existing source identification studies that it is conducting for the RWQCP. In the past 3 years these have included the following efforts: 09064 Pesticides Used at City Facilities Environmentally Preferable Purchasing Water Supply Metals Analysis Incinerator Ash Metals Analysis Creek Discharge Sources RWQCP Metals Analysis 3 Professional Services Revised 10/18/07 CITY OF PALO ALTO CONTRACT NO.: C09131266 Molybdenum Source Evaluation Cooling Water Treatment Chemicals Plastic Grocery Bags Styrofoam Food Containers Plastic Water Pipe Evaluation Compost Technologies Anticipated Data Needs: The Project Team will identify data resources while carrying out project~ related research. Files, professional contacts, and other resources will be provided by both the Team and RWQCP staff. Deliverables: The Project Team will prepare technical memoranda to document its findings for each source evaluation. Drafts of these memoranda will be furnished to RWQCP staff for review before final editions are produced. Research data (e.g., literature, lab test results, internet sources, correspondence, and telephone notes) will be provided to the RWQCP to facilitate future projects. Electronic copies of data, calculations, and reports will also be provided. Task 4. Annual Headworks Load Calculation The Project Team will detennine the annual industrial loading to the RWQCP influent for industrial pollutants specified by RWQCP staff (e.g., copper, nickel, cyanide, zinc, selenium, and mercury). For copper, loadings contributions from corrosion sources (Le., base corrosion, hot water recirculating systems, cooling water systems), industrial processes, and sanitary sewage will be calculated in addition to the total industrial loading. Industrial monitoring data (Le., flow and pollutant concentrations) will be provided by RWQCP staff. The Project Team will extend the previously developed database to compile and filter this information, and will then estimate loadings from various kinds of industries. These individual loadings will be used to calculate a total industrial loading. 09064 4.1 Extend Database. The database will be extended to accept new discharge data that become available each year. 4.2 Compile and Validate Data. Data provided in electronic form by RWQCP staffwill be loaded into the database and categorized by industry type. In addition, the data will be filtered and then checked for units consistency, for extreme values, and for completeness. 4.3 Compute and Verify Mass Loadings -Mass loadings will be computed from concentration and flow data for individual sites. If flow data are not available (as may be the case for smaller commercial facilities), flow will be estimated from water use 4 Professional Services Revised 10/18/07 CITY OF PALO ALTO CONTRACT NO.: C09131266 records (if practical) or based upon estimates developed by Palo Alto and other communities for similar businesses with respect to type and size. Copper loadings from corrosion and sanitary sewage will also be calculated on an individual basis. Calculations to determine copper contributions from these sources will follow methods developed for Palo Alto during previous studies concerning corrosion rates and headworks loading allocations. Data below detection limits will be evaluated in two ways: by setting non-detected values equal to zero and equal to the detection limit. For data sets that meet certain criteria (Le., adequate percentage of detected values and adequate total number of data points), it is also possible to use statistical methods to provide better estimates. Once the individual loadings are determined, total mass loadings for the entire service area will be calculated for each constituent. In addition, copper loadings will be calculated for base corrosion, excess corrosion from hot water recirculating systems, excess corrosion from cooling water systems, and from sanitary sewage. Anticipated Data Needs: RWQCP staffwill provide an electronic copy of all industrial monitoring data for the specified pollutants, as well as flow and site-specific information necessary to determine the copper loadings. Proposed Deliverables: Deliverables will include electronic copies of spreadsheets and reports containing the calculated mass loadings. Task 5. Re~laimed Water Irrigation The City of Mountain View is proceeding with a project to convey reclaimed effluent from the RWQCP to offices and parks north of Highway 101. This water will be used for irrigation of these developed areas. The impact of using this water on trees, shrubs, grasses, and other plantings is the subject of both field and laboratory investigations: • Thomas Barron will continue to assist the RWQCP by taking photographs of trees and other plants at ten sites within the project area, and at two outside control sites. These photographs document conditions prior to the reclaimed water being used, and will be supplemented by the technical guidance of the City of Mountain View arborist. • Nelda Matheny, Thomas Barron, and Stephanie Hughes will continue a recently implemented program to monitor changes in soil and plant tissue chemistry in redwood trees receiving reclaimed irrigation water. This effort will also track tree health at control sites outside the area. Anticipated Data Needs: The Project Team will propose specific trees and plants for monitoring in detail as the reclaimed water project proceeds. 5 09064 Professional Services Revised 10/18/07 CITY OF PALO ALTO CONTRACT NO.: C09131266 Proposed Deliverables: The Team will provide sets of digital photographs, field notes, and technical reports of findings and recommendations. Task 6. Dental Facility Inspections Most dental practices in the service area have been inspected at least once. Therefore, the Team will focus upon new offices that open; existing practices that are purchased by a new owner; and re- inspection of practices whose amalgam separator or best management practices (BMPs) need further review. Anticipated Data Needs: The RWQCP will furnish paper and electronic copies of dental facility data necessary to complete the inspections. Proposed Deliverables: The Team will provide file copies of all correspondence, completed inspection checklists, and vacuum system photographs for each site that is visited. Task 7. Project Management The Prime Contractor will use a project management system that will include the following: 09064 • Preparing a workplan during the first month of the project. This plan will show individual tasks together with budgets and actual costs for each. • Assigning specific tasks to each team member via work authorizations. These documents will establish the scope, deliverables, budget and schedule for each task. • Publishing monthly status reports. These reports will document key activities, work progress, RWQCP decisions, and budget status. • Updating the project plan. Scope and budget changes will be accumulated as the work proceeds, and will be reconciled every 6 months. • Attending periodic progress review meetings at which project accomplishments and issues will be discussed with R WQCP staff. • Administering subcontracts placed with members of the Project Team. 6 Professional Services Revised 10/18/07 CITY OF PALO ALTO CONTRACT NO.: C09131266 EXHIBIT "B" SCHEDULE OF PERFORMANCE CONSULTANT shall perfonn the Services so as to complete each milestone within the number of days specified below. The time to complete each milestone may be increased or decreased by mutual written agreement of the project managers for CONSULTANT and CITY so long as all work is completed within the tenn of the Agreement. CONSULTANT shall provide a detailed schedule of work consistent with the schedule below. 09064 Milestones 1. Attend project planning meetings with RWQCP staff and prepare a work plan deliverable: 2. Perfonnance of on-going services, as described in Exhibit "A": Completion No. of Days FromNTP 45 365 Professional Services Revised 10/18/07 CITY OF PALO ALTO CONTRACT NO.: C09131266 EXHIBIT "C" COMPENSATION The CITY agrees to compensate the CONSULTANT for professional services perfonned in accordance with the tenns and conditions of this Agreement based on the hourly rate schedule attached as Exhibit C-l. The compensation to be paid to CONSULTANT under this Agreement for all services described in Exhibit "An (UServices") and reimbursable expenses shall not exceed $99,000.00 per year. CONSULTANT agrees to complete all Services, including reimbursable expenses, within this amount. In the event CITY authorizes any Additional Services, the maximum compensation shall not exceed $99,000.00 per year. Any work perfonned or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to the CITY. REIMBURSABLE EXPENSES The administrative, overhead, secretarial time or secretarial overtime, word processing, photocopying, in-house printing, insurance and other ordinary business expenses are included within the scope of payment for services and are not reimbursable expenses. CITY shall reimburse CONSULTANT for the following reimbursable expenses at cost. Expenses for which CONSULTANT shall be reimbursed are: A. Travel outside the San Francisco Bay area, including transportation and meaIs~ will be reimbursed at actual cost subject to the City of Palo Alto's policy for reimbursement of travel and meal expenses for City of Palo Alto employees. All requests for payment of expenses shall be accompanied by appropriate backup infonnation. Any expense anticipated to be more than $50.00 shall be approved in advance by the CITY's project manager. ADDITIONAL SERVICES 09064 The CONSULT ANT shall provide additional services only by advanced, written authorization from the CITY. The CONSULTANT, at the CITY's project manager's request, shall submit a detailed written proposal including a description of the scope of services, schedule, level of effort, and CONSULTANT's proposed maximum compensation, including reimbursable expenses, for such services based on the rates set forth in Exhibit C-l. The additional services scope, schedule and maximum compensation shall be negotiated and agreed to in writing by the CITY's Project Manager and CONSULTANT prior to commencement of the services .. Payment for additional services is subject to all requirements and restrictions in this Agreement. Professional Services Revised lO/lS/O? 09064 CITY OF PALO ALTO CONTRACT NO.: C09131266 EXHIBIT "C-l" HOURLY RATE SCHEDULE CONSULTING TEAM HOURLY RATE Thomas Barron Stephanie Hughes Kelly Moran Nelda Matheny Ann Blake Alicia culver Susan Kegley 1 $150 $145 $150 $140 or 165 $140 $110 $60 or 150 Professional services Revised 10/18/07 Exhibit D ACORDT,. CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYYYY) 6/5/2009 PRODUCER Phone: 213-787-1100 Fax: 213-787-1164 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Frenkel & CO., Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 725 S. Figueroa St., Suite 2200 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Los Angeles CA 90017 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A; American Safetv Ind Co 25433 Thomas S. Barron, PE INSURERB; 3351 Beechwood Drive Lafayette CA 94549 INSURERC; INSURERD; INSURERE; COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ~~~~ TR TYPEOFIN,mD, ,I''' POLICY NUMBER PJl.H~: EFFECTIVE Pgilf~ EXPIRATION LIMITS A X ~NERAL LIABILITY ENV003677-0B-05 12/9/200B 12/9/2010 EACH OCCURRENCE $1 000 000 -::=iMERCIAL GENERAL LIAEILITY ~~~~~~S YE~~~~~ncel $50 000 -CLAIMS MADE Ii] OCCUR MED EXP (Anyone person) $5 000 PERSONAL & ADV INJURY $1 000 000 - GENERAL AGGREGATE $1 -000 000 ilN'LAGG~EnE LIMIT APnS PER; PRODUCTS -COMP/OP AGG $1 000 000 X POLICY ~~8T LOC ~TOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accidenl) - ALL OWNED AUTOS BODILY INJURY ,--(Per person) $ SCHEDULED AUTOS r-- r--HIRED AUTOS BODILY INJURY (Per accidenl) $ NON-OWNED AUTOS r-- r--PROPERTY DAMAGE $ (Per accidenl) RRAGE UABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EAACC $ AUTO ONLY; AGG $ EXCESSiUMBRELLA LIABILITY EACH OCCURRENCE $ o OCCUR D CLAIMS MADE AGGREGATE $ $ R DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND I WCSTATU-I TORY LIMITS 10TH-ER EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERlEXECUTIVE E.L. EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? E.L. DISEASE -EA EMPLOYEE $ g~~~~~~~~~rs~~NS below E.L. DISEASE -POLICY LIMIT $ A OTHER ENV003677-0B-05 '12/9/200B 12/9/2010 Per Claim 1,000,000 Professional Liability Aggregate 1,000,000 Claims Made DESCRIPTION OF OPERATIONS I LOCATIONS IVEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Certificate holder is added as an Additional Insured to the General Liability but only as respects all covered operations of the Named. Insured. RE: C09131266. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED City of Palo Alto BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE (10-DAY NOTICE Attn: Jose Arreola FOR NON-PAYMENT OF PREMIUM) TO THE CERTIFICATE HOLDER NAMED 250 Hamilton Ave, Mezzanine TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO Palo Alto CA 94301 OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE $~ -.C::-.-- ACORD 25 (2001108) ©ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED. the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED. subject to the terms and conditions of the policy. certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s). authorized representative or producer, and the certificate holder. nor does it affirmatively or negatively amend. extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) EXHIBIT E Attachment B Certification of Nondiscrimination 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 emplC¥TJent of any person because of race, skin cotor, gender. age. religion. disability, national origin. ancestry, sexual orlentation, housing status, marital status. fernY1a1 status. weight or height of auchperson; that they are In compliance with all Federal. State and local directives and executive orders regarding nondiscrimination In employment. 2. If Proposer Is PARTNERSH. or JOINT VeNTURE, at Iea8t (2) Partners or each of the Joint Venturers shaD sign here: Partnership or Joint Venture Name (type or print) Date: '--------Member of the PartnershIp or Jolnt Venture signature Date: ~----Member of the Partnership or Joint Venture sfgnature 3. If Proposer Is a CORPORATION. the duly authorIZed officer shall stgn 88 follows: The undersigned certify that they are: nue Of the corporation named below; that they are designated to sIgn the Proposal Cost Form by resolution (attach a certIfled copy. with corporate seal. If applicable. notarized as to its authenticity or Secretary's certificate of authorization) for and on behalf of the balow named CORPORATION, and that they are authorized to execute same for and on behalf of said CORPORATION. Corporation Name (type or print) By:, _____________ , Date: _____ _ City of Palo Alto -RFP131286 Psgaiof1