HomeMy WebLinkAboutStaff Report 264-06City of Palo Alto
City Manager’s Report
TO:
FROM:
DATE:
SUBJECT:
HONORABLE CITY COUNCIL
CITY MANAGER
JUNE 19, 2006
APPROVAL OF CONTRACT
DEPARTMENT: PUBLIC WORKS
CMR:264:06
WITH THOMAS BARRON, A
CONSULTING ENGINEER, IN THE AMOUNT OF $90,000 PER YEAR
FOR INDUSTRIAL WASTEWATER DISCHARGE EVALUATIONS FOR
THE REGIONAL WATER QUALITY CONTROL PLANT
9
RECOMMENDATION
Staff recommends that Council:
°
Approve and authorize the City Manager or his designee execute the attached contract
with Thomas Barron in the amount of $ 90,000 for the first contract year for assistance in
evaluating industrial wastewater discharges.
Authorize the City Manager or his designee to negotiate and execute one or more change
orders to the contract with Thomas Barron for related, additional but unforeseen work
which may develop during the project, the total value of which shall not exceed $13,000
for the first contract year.
Authorize the City Manager or his designee to exercise the option to renew the contract
for the second and third years, provided the proposed cost of the renewal contract does
not exceed the Consumer Price Index for all urban consumers (San Francisco - Oakland -
San Jose, CA), the contractor is responsive to the City’s needs, and the quality of the
contractor’s work is acceptable during the first and second years, respectively, of the
contract.
o Authorize the City Manager or his designee to negotiate and execute one or more change
orders to the second and third years of the contract for related, additional but unforeseen
work which may develop during the project, the total value of which shall not exceed
$13,000 in each year, provided the contract is renewed for those years. The most likely
reasons why additional work would be required are implementation of EPA’s recently
finalized pretreatment streamlining regulations and of new requirements for regulation of
industrial facilities that are proposed in a cyanide Basin Plan amendment under
consideration by the Regional Water Board.
DISCUSSION
Scope of Services Description
The scope of work to be performed under the contract is for engineering consultant services
needed to assist Regional Water Quality Control Plant (RWQCP) staff in evaluating industrial
CMR:264:06 Page 1 of 3
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 Attachment B for the
complete scope of services.
A RFP for the project was posted at City Hall and sent to nine consulting firms on March 20,
2006. The solicitation period was 22 days. Only one consultant, Thomas Barron, submitted a
proposal. More responses were not received because of the highly specialized nature of the
work, which requires technical knowledge about metal plating and printed circuit board shops,
extensive experience in water pollution prevention, and familiarity with water treatment facility
processes.
Proposal Description/Number
Proposed Length of Project
Number of Proposals Mailed
Total Days to Respond to Proposal
Number of Proposals Received
Summary of Solicitation Process
Industrial Wastewater Discharge Evaluation!RFP Number
116618
36 months
9
22
1
An evaluation committee was not utilized because only one proposal was received. Thomas
Barton’s proposal and his previous work under contract to 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 Barron. Staff, with the concurrence of the City Attorney, has
determined that the firm is exempt from complying with the fmancial disclosure provisions of
the City’s conflict of interest code, because the firm’s range of duties and services to be provided
under the contract are limited in scope or are primarily ministerial in nature.
A contingency amount of $13,000 in each of the three years of the contract is requested. The
most likely reasons why additional work would be required are implementation of EPA’s
recently finalized pretreatment streamlining regulations and of new requirements for regulation
of industrial facilities that are proposed in a cyanide Basin Plan amendment under consideration
by the Regional Water Board.
RESOURCE IMPACT
Funds are available in the fiscal year 2006-07 operating budget of the Regional Water Quality
Control Plant to cover the current year contract and contingency amounts.
ENVIRONMENTAL REVIEW
This contract approval does not constitute a project under the California Environmental Quality
Act and no environmental review was required.
CMR:264:06 Page 2 of 3
ATTACItMENTS
Attachment A: Contract
Attachment B: Scope of Services
PREPARED BY:
DEPARTMENT HEAD:
BRAD EGGLESTON
GLENN ROBERTS
Director of Public Works
CITY MANAGER APPROVAL:
Assistant City Manager
CIVI~264:06 Page 3 of 3
CITY OF PALO ALTO CONTRACT NO. C0611661~TTAC}~ENTA
AGREEMENT BETWEEN THE CITY OF PALO ALTO AND
THOMAS S. BARRON,- PE
FOR
INDUSTRIAL WASTE WATER DISCHARGE EVALUATION
This AGREEMENT 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 Thomas S.
Barton, PE Civil Engineer, a Sole Proprietor located at 3351
Beechwood Drive, Lafayette, CA 94549. ("CONSULTANT").
RECITALS
The following recitals are a substantive portion of this
Agreement.
A. CITY desires to engage a consultant, to conduct industrial
wastewater discharge evaluation that will 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 and any subconsulta~ts have
the necessary, professiona! 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
D.. CONSULTANT has agreed to perform the Services on the terms and
conditions contained in 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 perform ~he "Services
described’ ’in Exhibit "A" in accordance with the terms and
conditions contained in this Agreement. The performance of all
Services shall-be to the reasonable satisfaction of CITY.
SECTION 2. TERM. The term of this Agreement shall be from the
date of its full execution to 365 days from that date, and may be
extended by CITY through its City Manager for up to an additional
two (2) twelve-month periods (each an ~Additional Term") for a.
maximum of thirty-six. (36) consecutive months, subject to CITY
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CITY OF PALO ALTO CONTRACT NO. C06116618
Council’s annual approval of each current year’s budget and
appropriation of funds, terminated earlier pursuant to Section 20
of this Agreement.
SECTION 3. SCHEDULE OF PERFORMANCE. Time is of the essence in the
performance of Services under this Agreement. CONSULTANT shall
complete the Services within the term 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
performance are not specified in this Agreement shall be commenced
and completed by- CONSULTANT in a .reasonably prompt .and timely
manner based upon the circumstances and direction com!nunicated to
the CONSULTANT. CITY’s 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 CONSULTANT.
SECTION 4. NOT TO EXCEED CC~4PENSA.TION. The compensaiion 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 Thousand Dollars
($90,000.00). In the event Additional Services are authorized, the
total compensation for services and reimbursable expenses shall not
exceed One Hundred Three Thousand Dollars ($103,000.00). The
appl±cable 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 CIT~. Additional Services shall
mean any work that is determined 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 CONSULTANT’s
billing rates (set forth in Exhibit "C"). 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. Send all invoices to the CITY
attention the Project Manager. The Project Manager is.:. Brad
Eggleston, Dept.: Public Works, Environmental Compliance Division,
2501 Embarcadero Way, Palo Alto, CA 94303, Telephone: 650-329-
2104.
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CITY OF PALO ALTO CONTRACT NO. C06116618
SECTION. 6. QUALIFICATIONS/STANDARD OF CARE. All of the Services
shall be performed by CONSULTANT or under CONSULTANT’s supervision.
CONSULTANT 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 have and shall
maintain during the term of this Agreement all licenses, permits,
qualifications, insurance and approvals of whatever na[ure 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 skil! engaged in related work throughout California
under the same or similar circumstances.
SECTION 7. COMPLIANCE WITH LAWS. CONSULTANT shall keep itself
informed of and in compliance with all federal, state and loc~l
laws,.ordinances, regulations, and orders that may affect in any
manner the Project or the performance of the Services or those
engaged to perform Services under this Agreement. CONSULTANT shall
procure all permits and licenses, pay all charges and fees, and
give all notices required by law in the performance of the
Services.
CONSULTANT shall report immediately to the CITY’s project manager,
in writing, any discrepancy or inconsistency it discovers in the
laws, ordinances, regulations, orders, and/or guidelines in
relation to the Project of the performance of the Services.
All documentation prepared by CONSULTANT shall provide for a
completed project that conforms .to all applicable codes, rules,
regulations and guidelines that are in force at the time such
documentation is prepared.
SECTION 8. ERRORS/OMISSIONS. CONSULTANT 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.
SECTION 9. INDEPENDENT CONTRACTOR. It is understood and agreed
that in performing the Services under this Agreement CONSULTANT,
and any person employed~ by or contracted with CONSULTANT to
furnish labor and/or materials under this Agreement, shall act as
and be an independent contractor and not an agent or employee of
the CITY. The manner and means of conducting the Services are the
responsibility of~and under the control of CONSULTANT, except to
the extent they are limited by applicable law and the express
terms of this Agreement.
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CITY OF PALO ALTO CONTRACT NO. C06116618
CONSULTANT will be responsible for employing or engaging all
persons necessary to perform the Services. All contractors and
employees of CONSULTANT are deemed to be under CONSULTANT’S
exclusive direction and control. CONSULTANT shall be responsible
for their performance.
SECTION i0. 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 performance of any of CONSULTANT’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 iI. SUBCONTRACTING.
Notwithstanding Section i0 above, CITY agrees that subconsultants
may be used to. complete the Services. The subconsultants
authorized by CITY to perform work on this Project are identified
in Exhibit "A". CONSULTANT shall be responsible for directing the
work of the subconsultants and for any compensation due " to
subconsultants. CITY assumes no responsibility whatsoever
concerning such compensation. CONSULTANT shall be fully responsible
to CITY for all acts and omissions of a subconsultant. CONSULTANT
shall change or add subconsultants only with the prior approval of
the city manager or his designee.
SECTION 12. PROJECT MANAGEMENT. CONSULTANT will~assign Thomas S.
Barton, PE as the project director to have supervisory
responsibility for the performance, progress,, and execution of the
Services. If circumstances or conditions subsequent to the
execution of this Agreement cause the substitution of the project
director 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
perform the 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 manager will represent CITY for all purposes under this
Agreement. Brad Eggleston is designated as the project manager for
the CITY. The project manager will ~be CONSULTANT’s point of
contact with respect to performance, progr4ss and execution of the
Services. The CITY may designate an alternate project manager from
time to time.
SECTION 13. DUTIES of CITY. To assist CONSULTANT in the performance
of the Services, CITY .wil! furnish or cause to be furnished the
specified services and/or documents described in Exhibit "A" and
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CITY OF PALO ALTO CONTRACT NO. C06116618
such other available information as may be reasonably requested by
CONSULTANT.
SECTION 14. OWNERSHIP OF MATERIALS. All drawings, plans, reports,
specifications, calculations, documents, other materials and
copyright interests deve!oped or discovered by CONSULTANT or any
other person, engaged directly br indirectly by CONSULTANT to
perform the services required hereunder shall be and remain the
property of CITY without restriction or limitation upon their use.
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.
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. CONSULTANT 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. 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
"Indemnified 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") resulting from, arising
out of or in any manner related to performance or nonperformance by
CONSULTANT] its officers, employees, agents or contractors under
_this Agreement, regardless of whether or not it is caused in part
by an Indemnified Party.
The acceptance of CONSULTANT’s services and duties by CITY shall
not operate as a waiver of. the right of indemnification. The
provisions of this Section 16 shall survive the expiration or early
termination of this Agreement.
SECTION 17. WAIVERS. The waiver by either party of any breach
or violation of any covenant, term, condition or prov.ision of this
Agreement, or of the provisions of any ordinance or law, will not
be deemed to be a waiver of any other term, covenant, condition,
provisions, ordinance or law, or of any subsequent breach or
violation of the same or of any other term, covenant, condition,
provision, ordinance or law.
SECTIONIS.INSURANCE.
18.1.CONSULTANT, at its sole cost and expense, shal!
obtain and maintain, in ful! force and effect during the term of
this Agreement, the insurance coverage described in Exhibit "D".
CONSULTANT and its contractors, if any, shall obtain a policy
050310
CITY OF PALo ALTO CONTRACT NO. C06116618
endorsement naming the City of Palo Alto 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 Best’s Key Rating Guide ratings
of A-:VII or higher which are admitted to transact insurance
business, in the State of California. Any and all contractors of
CONSULTANT retained to perform 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 of this Agreement.
The certificates wi!l 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
cgncellation or modification, CONSULTANT shall be responsible for
ensuring that current certificates evidencing the insurance are
provided to CITY’s Purchasing Manager during the entire term 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 performed under this Agreement,
.including such damage, injury, or loss arising after the Agreement
is terminated or the term has expired.
SECTION 19. WORKERS’ COMPENSATION. CONSULTANT, by executing this
Agreement, 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 and during the performance of the
Services.
SECTION 20.TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES.
20.1.The city manager may suspend the performance of
the Services, in whole or in part, or terminate this Agreement,
with or without cause, by giving ten (i0) days’ prior written
notice thereof to CONSULTANT. Upon receipt of such notice,
CONSULTANT will immediately discontinue its performance of the
Services.
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CITY OF PALO ALTO CONTRACT NO. C06116618
20.2.CONSULTANT may terminate this Agreement or
suspend its performance of the Services by giving ten(10) days
prior written notice thereof to CITY, but only in the event of a
substantial failure of performance by CITY.
20.3.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.
20.4. -.Upon such suspension or termination by CITY,
CONSULTANT will 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., I0 days after giving notice) of
suspension or termination; provided, however, if this Agreementis
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 bythe City Manager acting
in the reasonable exercise of his/her discretion
20.5. 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 Agreement.
SECTION 21.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 22.CONFLICT OF INTEREST
22.1.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 conflict in any manner or degree with the performance of the
~Services.
22.2.CONSULTANT further covenants that,in the
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CITY OF PALO ALTO CONTRACT NO. C06116618
performance of this Agreement, it will not employ subconsultants,
contractors or persons having such an interest. CONSULTANT
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.
22.3. If the Project Manager determines that CONSULTANT
is a "Consultant" as that term 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 [he Palo Alto Municipal Code and the Political Reform
Act.
SECTION 23. NONDISCRIMINATION. As set forth in Palo Alto
Municipal Code section 2.30.510, CONSULTANT agrees that in the
performance of this Agreement, it shall not discriminate inthe
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 Chapter 2.28 of the Palo
Alto Municipal Code relating to Nondiscrimination Requirements and
the penalties for violation thereof, and agrees to meet all
requirements .of Chapter 2.28 pertaining to nondiscrimination in
employment, including completing the form furnished by CITY and set
forth in Exhibit "E".
SECTION 24.MISCELLANEOUS PROVISIONS.
24.1. This Agreement will be governed by the laws of
the State of California.
24.2.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 or in the United States District
Court for the Northern District of California in the County of
Santa Clara, State of California.
24.3.The prevailing party in any action brought toenforce the provisions of this Agreement may recover its reasonable
costs and attorneys’ fees expended in connection with that action.
24.4.This document represents the entire and
integrated agreement 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.
24.5.The covenants, terms, conditions and provisions
of this Agreement will apply to, and will bind, the heirs,
8 050310
CITY OF PALO ALTO CONTRACT NO. C061!6618
successors, executors, administrators, assignees, and CONSULTANTs,
as the case may be, of the parties.
24.6.If a court of competent jurisdiction finds or
rules that any provision of this Agreement or any amendment thereto
is void or unenforceabie, the unaffected provisions of this
Agreement and any amendments thereto will remain in fullforce and
effect.-
24.7.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.
24.8.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 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
Agreement are no !onger available. This Section 24.8 shall take
precedence in the event of a conflict with any other covenant]
term,~ condition, or provision of this Agreement.
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CITY OF PALO ALTO CONTRACT NO. C06116618
IN WITNESS WHEREOF, the parties hereto have by their duly
authorized representatives executed this Agreement on the date
firs[ above written.
APPROVED AS TO FORM:
Senior Asst. City Attorney
APPROVED:
Director of Administrative
Services
¯ CITY OF PALO ALTO
Assistant City Manager
THOMAS S.BARRON~ PE
Name: ~]-k O~] ~k~ ¯ ¢~
Title: ~~
(If co~ora~on: Presid~t or Vice-Pre~i~n~)
By:
Name:
Title:
(If corporation: Secretary or Treasuxer)
Taxpayer Identifi-cation. No.
(Social Security Number if S.ole Proprietorship).
(Compliance with Corp. Code ~ 313 is required
if the entity on whose behalf this contract
is signed is a corporation. In the
alternative, a certified corporate resolution
attesting to the signatory authority of the
individuals signing in their respectivecapacities is acceptable)
Attachments:
EXHIBIT "A":
EXHIBIT "B""
EXHIBIT "C"-
EXHIBIT "D"
EXHIBIT "E":
SCOPE OF SERVICE
SCHEDULEOF PERFORMANCE
COMPENSATION
INSURANCE
NONDISCRIMINATION COMPLIANCE FORM
10 050310
EXHIBIT A
INDUSTRIAL WASTEWATER DISCHARGE EVALUATIONS
SCOPE OF SERVICES
"~Indust:ria:|:!:i~i~har=.~er In_ ~eetion~Assistance
The Consultant shall provide on-call assistance to RWQCP staff during compliance
inspections of industrial dischargers. It is expected that this assistance shall include five
key activities:
1.1
!.2
1.3¸
Compliance Determinations - As requested by RWQCP staff, the Consultant
shall assist in the periodic inspection of industrial facilities to determine
whether their discharges are in compliance with permit requirements.
For example, th~ Consultant shall join RWQCP staff in reviewing waste
copper sources at metal finishing sites to assure that the correct Reasonable
Control Measures are present. The Consultant shall also examine the use of
Best Management Practices at laboratories, vehicle wash facilities, dental
offices, machine shops, and other sites.
Pollutant Source Identification and Control - Upon request, the Consultant
shall 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 Consultant shall 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 shall use the same methods as
studies conducted previously by the Consultant at Alza, CPI, Space Systems
Loral, and other sites in the RWQCP service area and elsewhere.
Facility Modification Reviews - The industrial discharge ordinance provides
that a metal finishing site discharging under a mass limit may petition the
RWQCP for an increase in that limit if its production increases, or if it adds
a new waste copper source. When such a petition is received, the
Consultant shall evaluate the site’s proposal, and shall then recommend the
amount by which the copper discharge limit should increase. This
recommendation will be based upon:
¯Estimation of the waste copper loads generated by the modified or
expanded process, both before and after the change;
Contract C06116618 Page 1 of 7
EXHIBIT A
t.4
¯Estimation of the waste copper load that is removed by the on-site
wastewater treatment system before and after the change; and
¯Evaluation of alternative control measures that can cost-effectively
reduce the amount of waste copper being discharged.
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 Consultant shall:
¯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 its layout
or other process requirements prevent the use of particular measures;
¯Prepare a waste copper mass balance; and
¯Forecast the amount of waste copper mass that will be discharged by
the facility.
1.5 Tmnkline Analyses - In addition to site discharge data, tlae RWQCP obtains
samples and analyzes pollutants at various points in its collection system.
These analyses help identify what portions of" the se~wice area contribute the
greatest pollutant loads, and can in some instances be used to identify likely
sources of incidental discharges.
These efforts will be continued and streamlined during the first year of the
proposed project. For example, the collection of concentration and flow
data on certain days of each quarter may be coordinated, and that
information compared by the Consultant with PRCC data from key
commercial, industrial, and institutional dischargers.
As necessary for each assigned task, the Consultant shall ask the RWQCP to furnish
paper and electronic c.opies 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.
Contract C06116618 Page 2 of 7
EXHIBIT A
Deliverables: The Consultant shall prepare technical memoranda and reports to
document each site visit and the recommendations that are made. Draft copies of these
items shall be furnished to the RWQCP for review. The final edition of each report shall
be accompanied by an electronic copy for RWQCP files and/or posting to the RWQCP
website. Electronic copies of all databases and calculation worksheets shall also be
furnished.
¯ a~k~:2:.~.tal:-.Finisl~ing DiScha~ge~Compliance Monitoring
The Consultant shall calculate an annual estimate of the amount of waste copper that
metal finishers discharge to the RWQCP. This calculation shall include each 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 may be used.
Obtaining these data and making the calculations will involve several steps:
2.!.Qrganize Calculations - The Consultmat shall begin by extending the time
period covered by each of its existing RCM status spreadsheets, thereby
preparing the way for entry of new data.
2.2 Review Copper Processes - Next, the Consultant shall briefly contact each
site as needed 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
(i.e., copper concentration and flow meter readings) for the wastewater
discharge from its metal fmisl~.ng operations. As appropriate, the
Consultant shall obtain results of flow meter calibrations that may have been
done by the sites, and shall compare discharge and water supply meter data.
2.4 Compute Copper Discharges - Next, the Consultant shall perform weighted
and non-weighted calculations to determine the 12-month rolling average
daily copper discharge concentration and mass for each metal finishing site.
2.5 Present Results - Calculation results will appear as both tables and charts,
following the fomaats presented in RWQCP annual reports.
Contract C06116618 Page 3 of 7
EXHIBIT A
The RWQCP and the City of Mountain View shall, at the end of each 6-month period,
furnish electronic copies of available PRCC copper concentration and sewer flow data for
each site. In coordination with the responsible source control inspectors, the Consultant
may obtain additional data directly fi’om each site.
Deliverables: Copper discharge calculation results will be presented in report form, as
described above. In addition, e-mail copies will be furnished of the mmual report input
together with all spreadsheets used in the calculations.
The Consultant shall conduct special pollutant source evaluations as requested by the
RWQCP. In these efforts, the Consultant shall review one or more industrial facilities,
classes of industrial activities, or products, to determine potential sources of pollutants
and possible control measures. As appropriate, the Consultant shall conduct field work,
pollutant sampling, chemical analyses, and literature reviews to gather the necessary
pollutant data. If requested by the RWQCP, the pollutant source evaluation shall include
an estimate of the portion of loading of the pollutant that can be attributed to various
business categories. On the basis of such research, the Consultant shall recommend how
to identify and implement appropriate new pollution prevention measures.
In each case, the Consultant shall prepare a workplan for approval by the RWQCP prior
to commencing. The Consultant shall identify data resources while carrying out project-
related research. Files, professional contacts, and other resources shall be provided by
both the Consultant and RWQCP staff. The deliverables for each evaluation shall be in
draft and final technical memoranda, together with copies of supporting data and
calculations.
Deliverables: The Consultant shall prepare technical memoranda to document its
findings for each source evaluation. Drafts of these memoranda shall 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) shall be
provided to the RWQCP to facilitate future projects.Electronic copies of data,
calculations, and reports shall also be provided.
The Consultant shall determine 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 (i.e.,
base corrosion, hot water recirculating systems, cooling water systems), industrial
processes, and sanitary sewage shal! be calculated in addition to the total industrial
loading.
Contract C06116618 Page 4 of 7
EXHIBIT A
Industrial monitoring data (i.e., flow and pollutant concentrations) shall be provided by
RWQCP staff. The Consultant shall 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.
4.1 Extend Database. The database shall 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
staff shall be loaded into the database and categorized by industry type. In
addition, the data shall be filtered mad then checked for unit’s consistency,
for extreme values, and for completeness.
4.3 Compute and Verify Mass Loadings - Mass Ioadings shall 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 shall
be estimated from water use records (if practical) or based upon estimates
derived from similar businesses with respect to type and size.
Copper loadings from corrosion and sanitary sewage shall also be calculated
on an individual basis. Calculations to determine copper contributions from
these sources shall follow methods developed for Palo Alto during previous
studies concerning corrosion rates and headworks loading allocations.
Data below detection limits shall 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 (i.e., 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 shall be calculated for each constituent. In addition,
copper loadings shall be calculated for base corrosion, excess corrosion
from hot water recirculating systems, excess corrosion from cooling water
systems, and from sanitary sewage.
RWQCP staff shall 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.
Deliverables: Deliverables shall include electronic copies of spreadsheets and reports
containing the calculated mass loadings.
Contract C06116618 Page 5 of 7
EXHIBIT A
The City of Mountain View is proceeding with a project to convey reclaimed effluent
from the RWQCP to offices and parks north of Highway I Ol. 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:
Consultant shall assist the RWQCP by taking photographs of trees and other
plains at ten sites within the project area, and at two outside control sites.
These photographs currently document conditions prior to the reclaimed
water being used, and shall be supplemented by the technical guidance of
the City of Mountain View arborist.
An irrigation study, sponsored by the Santa Clara Valley Water District, is
underway at UC Davis. This study includes soil samples from the RWQCP
service area and other sites that are being evaluated to determine the impact
of total dissolved solids (TDS) in recycled water on the soil structure, and
on the Coastal Redwood. The Consultant shall track the findings of this
study.
City of Mountain View staff arborist or another botanist will designate specific trees and
plants for monitoring in detail as the reclaimed water project proceeds.
Deliverables: The Consultant shall provide sets of digital phot0gn’aphs, field notes, and
technical reports of findings and recommendations.
Task..6i: .....<Dim!tal;Fa~ility :tttspectRms-.. - ¯
The consultant shall conduct inspections of dental facilities, with a focus upon new
offices that open; existing practices that are purchased by a new owner; and re-inspection
of practices whose anaalgam separator or best management practices (BMPs) need
review.
The RWQCP dental practice database will be updated as new practices apply for a sewer
permit. In addition, a review of the telephone directory and the MPDS membership list
shall be made at least annually, at RWQCP request, to discover ownership changes and
new practices established since the last update.
Deliverables: The Consultant shall provide file copies of all correspondence, completed
inspection checklists, and vacuum system photographs for each site that is visited.
Contract C06116618 Page 6 of 7
EXHIBIT A
Task 7.Project Management
The Consultmat shall:
Prepare a workplan dining the first month of the project. This plan shall
show individual tasks together with budgets and actual costs for each.
Prepare monthly status reports. These reports shall document key activities,
work progress, RWQCP decisions, and budget status.
Attend periodic progress review meetings at which project accomplishments
and issues shall be discussed with RWQCP staff:
Administer subcontracts placed with members of the consultant team.
Additional Services
Performance of Additional Services and related fees shall be negotiated in advance of any
work mad approved in writing by the Project Manager: Additional Services may consist
of, but are not 1,imited to the following:
Assist the City with the implementation of EPA’s recently finalized pretreatment
streamlining regulations and of new requirements for regulation of industrial
facilities that are proposed in cyanide Basin Plan amendment under consideration
by the Regional Water Board.
Contract C06116618 Page 7 of 7
CITY OF PALO ALTO CONTRACT NO. C06116618
EXHIBIT "B"
SCHEDULE OF PERFORMANCE
CONSULTANT shall perform the Services so as to complete each milestone within the
number of days specified below. The number of days 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 term of the
Agreement". CONSULTANT shall provide a detailed schedule of work consistent with
the schedule below within 10 days of receipt of the notice to proceed.
Milestones Completion
Number of Days From NTP
1.Attend project planning meetings with RWQCP
Staff and prepare a work plan deliverable.
45
2.Performance of on-going services,
as described in Exhibit "A"
365
050310
CITY OF PALO ALTO CONTRACT NO. C06116618
EXHIBIT "C"
COMPENSATION
The CITY agrees to compensate the CONSULTANT for professional services
performed in accordance with the terms and conditions of this Agreement,
and as set forth in the budget schedule below, Compensation shall be
calculated based on the hourly rate schedule attached as exhibit C-1 up to the
not to exceed budget amount for each task set forth below.
The compensation to be paid to CONSULTANT under this Agreement for all
services described in Exhibit "A" ("Basic Services") and reimbursable
expenses shall not exceed $90,000.00. CONSULTANT agrees to complete
all Basic Services, including reimbursable expenses, within this amount. In
the event CITY authorizes any Additional Services, the maximum
compensation shall not exceed $103,000.00. Any work performed or
expenses incurred for which payment would result in.a total exceeding the
maximum amount ofcompensation set forth herein shall be at no cost to the
CITY.
CONSULTANT shall perform the tasks and categories of.work as outlined and
budgeted below. The CITY’s project manager may approve in writing the
transfer of budget amounts between any of the tasks or categories listed
below provided the total compensation for Basic Services, including
reimbursable expenses, does not exceed $90,000.00 and the total
compensation for Additional Services does not exceed $13,000.00.
BUDGET SCHEDULE NOT TO EXCEED AMOUNT
Task 1
(Industrial Facility Inspections)
$10,000
Task 2
(Metal Finishing Mass Loading)
$4,800
Task 3
(Special Evaluations)
$32,000
Task 4
(Annual Industrial Loading)
$7,000
Task 5
(Reclaimed Water Irrigation)
$20,000
Task 6 $10,000
(Dental Facilities)
050310
CITY OF PALO ALTO CONTRACT NO. C06116618.
Task 7
(Project Management)
Sub-total Basic Services
Reimbursable Expenses
$5,200
$89,000.00
$1,000.00
Total Basic Services and Reimbursable expenses
Additional Services (Not to Exceed)
Maximum Total Compensation
$90,000.00
$13,000.00
~103~000.00
REIMBURSABLE EXPENSES ¯
CITY shall reimburse CONSULTANT for reimbursable expenses including,
postage, mileage and other miscellaneous costs, at cost. All requests for
payment of expenses shall be ~accompan.ied by appropriate backup
information. Any expense anticipated to be more than $500.00 shall be
approved in advance by the CITY’.s project manager.
ADDITIONAL SERVICES
The CONS.ULTANT 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
exper~se, forsuch services based on the rates set forth in Exhibit C-1. The
additional services scope, schedule and maximum compensation shall be
negotiated and agreed to in writing by the CITY’s project manager
CONSULTANT prior to commencement of the services. Payment for
additional services is subject to all requirements and restrictions in this
Agreement.
2 050310
C!TY OE PALO ALTO CONTRACT NO. C06116618
EXHIBIT "C-1"
HOURLY RATE SCHEDULE
(Effective through 6/30/07)
THOMAS BARRON, PE
Project Manager (Thomas Barron)
Project Engineer (Thomas Barron)
Administrative & Research Assistant
Senior Scientist (Ann Blake)
Senior Researcher.(Alicia Culver)
Senior Scientist (Yeggie Dearborn)
Senior Scientist (Philip Dickey)
Project Manager (Stephanie Hughes)
Senior Scientist (Kelly Moran)
’Rise Barron)
$130.001hr
$120.00/hr
$65.00/hr
$100.00/hr
$100.00/h r
$125.00/h r
$85,00/hr
$175.00/h r
$130.00/hr
050310
EXHIBIT D
Los Ang~l~= CA 90017
Phone : 213-7£ ;’--I L0O Fax : 213-787-I!64
CERTIFICATE OF LIABILITY INSURANCE T~OI ~10 / 06114/06
THIS CERTIFIC..ATEE IS ISSUED A~ A MATT’~R OF INFORMATION.
ONLY AND CONFERS NO RIGHTS UPON "HE CERTIFICATE
HOLD~ THIS C~RTIFIC~TE D~ NOT ~M~ND, ~TEND OR
ALT~R 7HE COVERAGE AFFORDED BY ~ HE POLICIES BELOW.
COVERAGES
IOLK::IEB. AGGF!~G^T~ t Ii-’i,TD ,~HO"hW MAY HAV~ BE~N R~DUC~O BY P~JD CLAIM9,
~Y EFFECTIVED~TE l~le,/ImrfY) .....
12/09/04
12109/04
PFL 04-2057-003
$
,-,,
~I,000,000
$1,000 ~000
A Profess/e,: Liab PFL 04-2057-003 12/09/06I ~a. Claim
Clai~s PR- 7erm i Aqqr. at~
City of ~alo A!t~, it= counc~l members, offic~is, agents, ~d employ~e~
add~ aa A~i~.~;}.o~l insured ~ ~e ~neral ~ili~ ~ut only
all ¢overed ~!;,o~tio~s of ~e N~d Insure.
*10-~y M.uti.~ o.[ Canc~llation for Non~Pa~en£ of Pr~.
CERTIFICATE i. 0 t L. ’ ’.
CPALOAL
Cit’~" .:::" .:’?:::~lo Alto
P~::rcb, c,.:;.i~%] -$ Contract
Ad~ i u:;. "’:
~.O. :’-’,-::’;= 10250
ACORD 25 (?..091 ~0"~
CANCELLATION
~ ~GORD CORPORATION
IMPORTANT
¯ : ... c~.r~’ificate holder is ~n ADDITIONAL INSURED, the pollcy(ies) must be endorsed. ~, statement
o.~ :~:,s certificate ~oes not cor~fer rights to the certiflcat~ holder in lieu of sue;; ~ndorserr ent(s).
’: :!~:.:;::’.ROGATION IS WAIVED, subject to the tetras and condilions of the policy~ certain poiicies may
;":’q’J~,e en endorsement. A statement on this ¢ertiflcat~ does not confer r!gh~,s to the ced.ificate
.’,oig~;r in lieu of such endor~ement(~).
DISCLAIMER
T;,,:: :..:~,ificate of Insurance on the reverse side of thiS form does not constitute a contra ~t bet’ween
¯ :i-~e i’.~£uing ins.urer($), =uthorlzed representative or producer, and the certificate holder, ~or does it
.:~;:~:nat!~ely or negatively amend, extend or alter the coverage afforded by the.. policies li ~’ted thereon.
ACORD 2S
EXHIBIT E
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 employment of any person because of race, skin color,
gender, age, religion, disability, national origin, ancestry, sexual orientation, housing status,
marital status, familial status, weight or height of such person; that they are in compliance with all
Federal, State and local directives and executive orders regarding nondiscriminalJon in
employment.
1. If Proposer is INDIVIDUAL, sign~
Proposer’s Signature
Proposer’s typed name and title
If Proposer is PARTNERSHIP or JOINT VENTURE, at least (2) Partners or each of
the Joint Venturers shall sign here:
Partnership or Joint Venture Name (type or print) .
Date:
Member of the Partnership or Joint Venture signature
Date:
Member of the Partnership or Joint Venture signature
3.tf Propose~- is a CORPORATION, the duly authorized officer(s) shall sign as follows:
"The undersigned certify that they are respectively:
Title and Title
Of the;corporation named, below, that they are designated to sign the Proposal Cost Form by
resolution (attach a. certified copy, with corporate seal, if applicable, notarized as to its
authenticity or Secretary’s certificate of authorization) forand on behalf of the below named
CORPORATION, and that they are authorized to execute same for and on behalf of said
CORPORATION.
Corporation Name (type or print)
By:
Title:
By:
Title:
Date:
Date:
City of Palo Alto - RFP 116618
Page 1 of 1