HomeMy WebLinkAboutStaff Report 185-1010
TO: HONORABLE CITY COUNCIL
FROM: CITY MANAGER DEPARTMENT: PUBLIC WORKS
DATE: APRIL 12, 2010 CMR:185:10
REPORT TYPE: CONSENT
SUBJECT: Approval of a Wastewater Treatment Enterprise Fund Contract With
the Avogadro Group, LLC for a Period of Three Years for
Incinerator Emission Testing at the Regional Water Quality Control
Plant With Funding for the First Year Approved in the Not to Exceed
Amountof $89,175 and a Total Contract Amount of $280,000
RECOMMENDATION
1. Staff recommends that Council direct the City Manager or his designee to execute the
attached contract with The Avogadro Group, LLC (Avogadro) for a period of three years
with funding in the amount not to exceed $89',175 in the first year, not to exceed amount of
$80,340 for the second year, and a not to exceed amount of $83,570 in the third year for
provision of services to conduct Incinerator Emissions Testing at the Regional Water Quality
Control Plant (Attachment A).
2. Authorize the City Manager or his designee to negotiate and execute one or more change
orders to the contract with Avogadro, for related, additional but unforeseen work which may
develop during the project, the total value of which shall not exceed $9,825 in the first year,
$8,660 in the second year, and $8,430 in the third year.
Project Description
The Regional Water Quality Control Plant (RWQCP) has operated two sludge incinerators since
1972 to incinerate biosolids. The RWQCP is required annually to measure air emissions in order
to ensure compliance with the permit issued by the Bay Area Air Quality Management District.
In addition to the permit compliance parameters, staff requested that the incinerators be
monitored for a wide variety of parameters including but not limited to metals, greenhouse gases,
dioxins, furans and aldehydes. The results from these tests will be used during the development
of the master plan of the wastewater treatment plant and in future greenhouse gas calculations.
Summary of Solicitation Process
A request for quotation for the project was posted at City Hall and sent to ten air emission testing
firms. The solicitation period was 28 days. Solicitations were received from two qualified
contractors on February 16, 2010. Staff has reviewed all solicitations submitted; two firms,
Avogadro Group and TRC Environmental Corporation submitted proposals. More responses
CMR:185:10 Page 1 of3
were not received because of the highly specialized nature of the work, which requires
specialized knowledge and experience in emission testing for biosolid incinerators.
Solicitation NamelNumber Emission Testing of Sludge Incinerators RFP# 13 5189
Proposed Length of Project 3 years
Number of Proposals Mailed 10
Total Days to Respond to Solicitation 28
Number of Solicitations Received: 2
An evaluation committee of three Public Works Environmental Compliance Division staff was
utilized to review the proposals. The committee carefully reviewed each firm's qualifications
and submittal in response to the criteria identified in the RFP. The proposal evaluations resulted
in The Avogadro Group, LLC's selection. In general, the evaluations gave TRC Environmental
Corporation better scores in the "Cost to the city" category, but The Avogadro Group, LLC
scored higher in the "Proposers experience" and "Proposers prior record of performance with
city or others" categories. The Avogadro Group, LLC's record of performance with Palo Alto
and its experience in testing biosolids incinerators, including Central Contra Costa Sanitary
District's biosolids incinerator, were key factors in the decision.
RESOURCE IMPACT
Funds for the first year of the contract have been appropriated in the FY 2009-2010 Wastewater
Enterprise Funds. The cost for the first year is greater than the second and third year, because
Avogadro will conduct additional testing in the first year. In the second and third year, the
testing is the same but there is a small increase due to a nominal price increase. Fund for years
two and three are contingent upon Council approval of the budget for each subsequent year.
POLICY IMPLICATIONS
This recommendation does not represent any change to existing City policies.
ENVIRONMENTAL REVIEW
The recommended action is exempt from review under the California Environmental Quality Act
pursuant to CEQA Guidelines Section 15301 (b), which exempts negligible expansion of an
existing use including operation of publicly-owned sewerage services, structures, facilities,
mechanical equipment, or topographical features.
ATTACHMENTS
Attachment A: Contract
CMR:185:1O Page 2 of3
PREPARED BY:
DEPARMENT HEAD:
CITY MANAGER APPROVAL:
CMR:185:10
~£?rffi-
KARIN NORTH
Associate Engineer
tLJRA-
GLENN S. ROBERTS
Director of Public Works
CITY OF PALO ALTO CONTRACT NO.: CI0135189
AGREEMENT BETWEEN THE CITY OF PALO ALTO AND
THE AVOGADRO GROUP, LLC
FOR PROFESSIONAL SERVICES
(EMISSION TESTING OF SLUDGE INCINERATORS)
This AGREEMENT is entered into on this __ day of April, 2010, by and between
the CITY OF PALO ALTO, a California chartered municipal corporation ("CITY"), and THE
AVOGADRO GROUP, LLC, a Limited Liability Company, located at 2825 Verne Roberts Circle,
Antioch, CA 94509 ("CONSULTANT").
RECITALS
The following recitals are a substantive portion of this Agreement.
A. CITY intends to analyze incinerator emissions ("Project") and desires to engage a consultant
to conduct annual incinerator emission testing 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 perform the 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 ofthis Agreement shall be from the date ofits full execution by
CITY, and shall expire three years from the commencement date, 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 of the essence in the performance of
Services under this Agreement. CONSULTANT shall complete the Services within the term ofthis
Agreement and in accordance with the schedule set forth in Exhibit "B", attached to and made a part
ofthis Agreement. Any Services for which times for performance are not specified in this Agreement
shall be commenced and completed by CONSULT ANT in a reasonably prompt and timely manner
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based upon the circumstances and direction communicated 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 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 for each of the three years, shall not exceed
Eighty-nine Thousand One Hundred Seventy-five Dollars ($89,175.00) for 2010. 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) for 2010; shall not exceed Eighty
Thousand Three Hundred Forty Dollars ($80,340.00) for 20 11 year. In the event Additional Services
are authorized, the total compensation for services and reimbursable expenses shall not exceed
Eighty-nine Thousand Dollars ($89,000.00) for 2011, and shall not exceed Eighty-three Thousand
Five Hundred Seventy Dollars ($83,570.00) for 2012. In the event Additional Services are
authorized, the total compensation for services and reimbursable expenses shall not exceed Ninety
two Thousand Dollars ($92,000.00) for 2012. 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 subj ect to the provisions of
Exhibit "C" . CONSULT ANT shall not receive any compensation for Additional Services performed
without the prior written authorization of CITY. 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 0 f 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 . CONSULTANT shall
send all invoices to the City's project 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
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. CONSULT ANT 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
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circumstances.
SECTION 7. COMPLIANCE WITH LAWS. CONSULTANT shall keep itselfinfonned of and
in compliance with all federal, state and local laws, ordinances, regulations, and orders that may
affect in any manner the Project or the performance of the Services or those engaged to perfonn
Services under this Agreement. CONSULTANT shall procure all pennits and licenses, pay all
charges and fees, and give all notices required by law in the perfonnance of the Services.
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 CONSUL T ANT 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 ofthe Project.
This obligation shall survive tennination ofthe Agreement.
SECTION 9. COST ESTIMATES. If this Agreement pertains to the design of a public works
project, CONSULTANT shall submit estimates of probable construction costs at each phase of
design submittal. lfthe 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 PROJECT 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 performing
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
ofthe city manager will be void.
SECTION 12. SUBCONTRACTING.
Notwithstanding Section 11 above, CITY agrees that subconsultants may be used to complete the
Services. The sub consultants authorized by CITY to perfonn work on this Project are labs:
1. Curtis and Tomkins, Ltd
2. Vista Analytical Laboratory
3. Air Toxics Ltd.
CONSULTANT shall be responsible for directing the work of any subconsultants and for any
compensation due to sub consultants. CITY assumes no responsibility whatsoever concerning
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compensation. CONSULT ANT shall be fully responsible to CITY for all acts and omissions of a
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 Erick Mirabella as
the proj ect director to have supervisory responsibility for the performance, progress, and execution of
the Services and John Pascale 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, proj ect
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 ofthe 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 ofthe Project or a threat to
the safety of persons or property.
The City's project manager is Karin North, Public Works Department, Environmental Compliance
Division, at 2501 Embarcadero Way, Palo Alto, CA 94303, Telephone: 650-494-7629. 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. CONSULT ANT agrees
that all copyrights which arise from creation ofthe 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. N either 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. CONSULT ANT 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. CONSULT ANT will permit CITY to audit, at any reasonable time during
the term ofthis 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.
O[Option A applies to the following design professionals pursuant to Civil Code Section
2782.8: architects; landscape architects; registered professional engineers and licensed
professional land surveyors. ] 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 "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
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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, employees, agents or contractors under this
Agreement, regardless of whether or not it is caused in part by an Indemnified Party.
i25J[Option B applies to any consultant who does not qualify as a design professional as dermed
in Civil Code Section 2782.8.1 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 "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.
16.2. Notwithstanding the above, nothing in this Section 16 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 of the right ofindemnification. 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 provision ofthis Agreement, or ofthe 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 ofthe same or of any other term, 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 term of this Agreement, the insurance coverage described in Exhibit "DII.
CONSULT ANT and its contractors, if any, shall obtain a policy endorsement naming CITY as an
additional insured under any general1iability 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 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 ofthis Agreement. The certificates will be subject to the approval of CITY's Risk
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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 term of this Agreement.
18.4. The procuring of such required policy or policies of insurance will not be
construed to limit CONSULT ANT'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. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES.
19.1. 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 (10) days prior written notice
thereof to CONSULTANT. Upon receipt of such notice, CONSULTANT will immediately
discontinue its perfonnance of the Services.
19.2. CONSULTANT may terminate this Agreement or suspend its perfonnance of
the Services by giving thirty (30) days prior written notice thereof to CITY, but only in the event of a
substantial failure of performance 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, ifany, in connection with this Agreement. Such materials will
become the property of CITY.
19.4. 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., 10 days after giving notice) of suspension or termination; provided,
however, if this Agreement is suspended or terminated on account of a default by CONSULTANT,
CITY will be obligated to compensate CONSULTANT only for that portion of CONSULTANT's
services which are of direct and immediate benefit to CITY as such detennination may be made by
the City Manager acting in the reasonable exercise ofhislher discretion
19.5. 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 20. NOTICES.
All notices hereunder will be given in writing and mailed, postage prepaid, by
certified mail, addressed as follows:
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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
conflict in any manner or degree with the performance of the Services.
21.2. CONSULTANT further covenants that, in the 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.
21.3. If the Project Manager determines that CONSULTANT is a "Consultant" as
that term is defined by the Regulations of the Fair Political Practices Commission, CONSULT ANT
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.
SECTION 23. ENVIRONMENT ALLY PREFERRED PURCHASING. The City of Palo Alto
is a green business and works to purchase and provide products in an environmentally sustainable
manner. CONSULT ANT will use production methods that reduce waste and environmentally toxic
products, as well as have less packaging. CONSULTANT will adhere to the standard that printed
materials will be, at a minimum, printed on 30% post consumer recycled paper with vegetable based
ink. The designer will check with the project manager to discuss the maximum recycled content
paper available for each project. FSC (Forest Stewardship Council) certified paper that is "process
free" is preferred. CONSULTANT will use methods that reduce energy use and thus the carbon
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footprint for the development, production and delivery of products. CONSULT ANT shall adhere to
the City's Environmentally Preferred Purchasing policies as may be amended from time to time.
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 in the County of Santa Clara, State of
California.
24.3. 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.
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 ofthis Agreement will apply
to, and will bind, the heirs, successors, executors, administrators, assignees, and consultants 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 unenforceable, the unaffected provisions of this
Agreement and any amendments thereto will remain in full force 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 subj ect to the fiscal provisions ofthe Charter ofthe 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 anytime 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 24.8 shall take
precedence in the event of a conflict with any other covenant, term, condition, or provision ofthis
Agreement.
24.9. The individuals executing this Agreement represent and warrant that they have
the legal capacity and authority to do so on behalf of their respective legal entities.
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24.10 All unchecked boxes do not apply to this agreement.
IN WITNESS WHEREOF, the parties hereto have by their duly authorized
. representatives executed this Agreement on the date first above wrltten.
CITY OF PALO ALTO . .
CONSULTANT:
THE AVOGADRO GROUP, LLC
_City Manager (Required for contracts over
$85,000) By: .q;;;-~ .
_Purchasing Manager Name: '-;;ha~4 5~ 4/1 ap;;~ '.
Tit1e:.----'_-.!.,~Ht%,~L~/:.....;L2=o::...-------
APPROVED AS TO FORM:
Senior Asst. City Attorney
Attachments:
EXHIBIT "A":
EXHIBIT ''B'':
EXHIBIT "C":
EXHIBIT "C-l":
EXHIBIT ''DtI: .
'.,
SCOPE OF SERVICE
SCHEl)ULE OF PERFORMANCE
COMPENSATION
SCHEDULE OF Rt\TES
INSURANCE REQUIREMBNTs
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1. Summary of Work
CITY OF PALO ALTO CONTRACT NO.: C10135189
EXHIBIT A
Scope of services
a. This contract involves 3 years of annual emission testing of sludge incinerators at
the Palo Alto Regional Water Quality Control Plant (PARWQCP) to show
compliance with the emission limits of Condition No. 16107, Item Number 11 of
Application No. 6797 and Condition No. 24496, Item Number 2 of Application
20506 issued by the Bay Area Air Quality Management District (BMQMD).
Compliance tests will be performed in 2010, 2011, and 2012.
b. In conjunction with the annual compliance tests in 2010, 2011 and 2012, this
contract involves annual testing and reporting (under separate cover) for metals,
carbon dioxide (C02), and nitrous oxide (N20). All work will proceed after
issuance of a task order.
c. This contract also involves emissions data collection for aeration basins and
trickling filters exhaust system at the PARWQCP for methane, nitrous oxide
(N 20). and carbon dioxide (C02). The emission testing is to be performed in
2010.
2. Quality Control
a. The Avogadro Group must maintain their listing as an approved independent
contractor listed with the California Air Resources Board as qualified to perform
those tests required by the work herein.
b. The Avogadro Group r shall comply with federal, state, and local safety laws.
c. The Avogadro Group assigned project manager must provide proof of QSTI
certification. In addition, the Group 4 (metals) certification is desired but not
required.
d. Prior experience for each of the listed test methods in Section 5 is required and
references may be requested.
3. Background Data
a. Source Owner/Location:
b. Project Manager:
Palo Alto Regional Water Quality Control Plant
2501 Embarcadero Way
Palo Alto, CA 94303
Karin North
c. Sources: S-1 Sludge Incinerator #1
City of Palo Alto -CONTRACT C10135189 PAGE 1 OF 14
CITY OF PALO ALTO CONTRACT NO.: C10135189
EXHIBIT A
S-2 Sludge Incinerator #2
Aeration Basins
Trickling Filters exhaust system
d. Abatement Devices: A-20 Afterburner #1 & A-22 Scrubber #1
A-21 Afterburner #2 & A-23 Scrubber #2
e. Plant Number: 617
f. Application Number: 6797
g. Condition Number: A0617
h. Sampling Locations: 1. At the outlet of the two abatement devices, there are
two sampling ports accessible on the outlet stack at the
incinerator building rooftop.
2. Aeration Basins
3. Trickling Filter Tower Exhaust
4. Task 1 : Annual Compliance Test
a. A compliance test is to be performed on one incinerator per year. A compliance
test will be performed on S-2 Incinerator No.2 prior to May 11,2010. Thereafter,
an annual compliance test shall be performed no sooner than 9 months and no
later than 12 months after the previous test on the incinerator that is in operation
at the time of the test.
b. Per the permit conditions, the emission testing firm shall be responsible for
submitting an approved testing protocol to the BAAQMD Source Test Section as
well as providing the BAAQMD Source Test Section the required advanced
notification of the date of the compliance test.
c. The emission testing firm shall conduct tests on the following emission
parameters:
i. Concentration (dry basis) of non-methane organic compounds (NMOC) in
the landfill gas;
ii. Exhaust gas flow rate from each afterburner (dry basis);
iii. Concentrations (dry basis) of NMOC, NOx and 02 in the flare stack gas;
and
iv. The NMOC destruction efficiency achieved by each afterburner.
d. The plant shall provide the following parameters:
i. Landfill gas flow rate to each afterburner (dry basis); and
City of Palo Alto -CONTRACT C10135189 PAGE 2 OF 14
CITY OF PALO ALTO CONTRACT NO.: C10135189
EXHIBIT A
ii. The average combustion temperature in each afterburner during the test
period.
e. Within 25 days of the compliance test, the Avogadro Group shall prepare, for
owner review, two copies of a draft report. Within five days of receipt of any
comments, the emission testing firm shall prepare five copies of the final report.
f. The report shall include a summary of emission results, source location
information, test conditions, test procedures, standard measurement procedures,
quality assurance, detailed results for individual test runs, and supporting data
including CEMS data, calibrations, field data sheets, calculations, and
spreadsheets.
g. The final report will be under separate cover from any other report required in this
specification. The owner will submit a copy of the final report to the BAAQMD.
h. Under certain circumstances when an incinerator malfunction occurs and steady
state operations have not been reached, the City may need to postpone the
emissions testing. In its cost estimate for this task, Avogadro Group shall provide
a separate daily standby rate that shall be applicable in the event that testing
must be postponed.
5. Task 2: 2010,2011, and 2012 emission data collection
a. Upon request by the City of Palo Alto, in 2010, 2011, and 2012 the Avogadro
Group shall conduct tests on the following emission parameters or a subset
requested by the City for the following timed test runs:
i. Perform triplicate 1-hourtest runs using test method EPA 320 Fourier
Transform Infared Spectroscopy (FTIR), for N20, CH4, and TNMHC
ii. Perform triplicate 6-hour test runs, using test method EPA 29 and
analytical method ICP/MS, for the following metals: antimony (Sb), arsenic
(As), beryllium (Be), cadmium (Cd), chromium (Cr), copper (Cu), cobalt
(Co), lead (Pb), manganese (Mn), molybdenum (Mo), mercury (Hg), nickel
(Ni), phosphorous (P), selenium (Se) and zinc (Zn).
iii. Perform triplicate 1-hourtest runs using test method EPA 30B, for mercury
(Hg).
iv. Perform triplicate 6-hour test runs, using test method CARB 425, for
hexavalent chromium.
v. Perform triplicate 3-hour test runs, using test method CARB 430, for
aldehydes: formaldehyde, acetaldehyde, and acrolein.
vi. Perform triplicate 1-hour test runs, using test method TO-15, for BTEX.
vii. Perform triplicate 1-hour test runs, using test method EPA 10, for carbon
monoxide (CO)
viii. Perform triplicate 4-:-hour test runs, using test CARB 429, for speciated
PAH compounds
City of Palo Alto -CONTRACT C10135189 PAGE 3 OF 14
CITY OF PALO ALTO CONTRACT NO.: C10135189
EXHIBIT A
ix. Perform triplicate 1 ~hour test runs, using test method EPA 3A, for 02/C02
x. Perform triplicate 4~hour test runs, using test method EPA 23, for dioxins
and furans (PCDDI PCDF)
xi. Perform triplicate 2~hour test runs, using test method EPA 26A, for
hydrogen chloride (HCI) and hydrogen fluoride (HF)
xii. Perform triplicate 1 ~hour test runs, using test method EPA 6C, for sulfur
dioxide (S02)
xiii. Perform triplicate 6 minute averages using test method EPA 9, for opacity
xiv. Perform triplicate test runs, 4~hour test runs using test method EPA OTM-
27 (may need to be modified by heating cyclone) and OTM-28, for PM2.5,
and PM (condensable) and test method EPA 5 for filterable PM.
xv. Perform triplicate test runs, 2-hour test runs using test method EPA 5 for
filterable PM.
b. The plant shall provide the following data:
i. The average combustion temperature in each afterburner during the test
period.
c. Within 35 days of the test, the emission testing firm shall prepare, for owner
review, an electronic version of a draft report. Within five days of receipt of any
comments, the emission testing firm shall prepare one (1) hard copy of the final
report and one (1) electronic copy of the final report.
d. The report shall include a summary of emission results, source location
information, test conditions, test procedures, standard measurement procedures,
quality assurance, detailed results for individual test runs, and supporting data
including CEMS data, calibrations, field data sheets, calculations, and
spreadsheets.
e. The final report will be under separate cover from any other report required in this
specification.
f. Under certain circumstances when an incinerator malfunction occurs and steady
state operations have not been reached, the City may need to postpone the
emissions testing. In its cost estimate for this task, the Avogadro Group shall
provide a separate daily standby rate that shall be applicable in the event that
testing must be postponed.
6. Task 3: 2010 emission data collection from trickling filters tower exhaust and aeration
basins .
a. In 2010, the emission testing firm shall conduct tests on the trickling tower
exhaust on the following emission parameters for the following timed test runs:
City of Palo Alto -CONTRACT C10135189 PAGE 40F 14
CITY OF PALO ALTO CONTRACT NO.: C10135189
EXHIBIT A
LPerform triplicate 30-minute runs, using test method for EPA 320 FTiR for
·N20 and CH4
iLPerform triplicate 30-minute runs, using test method EPA 18 for TNMHC
iiLPerform triplicate 30-minute runs, using test method EPA 4 for stack
moisture
iV.Perform triplicate 30-minute runs, using test method EPA 1,2 for stack
velocity and for capturing average flow of trickling filter exhaust system.
v.Perform triplicate 30-minute runs, to capture the average now of the
trickling filters.
b. In 2010, the Avogadro Group shall conduct tests on the aeration basins on the
following emission parameters for the following timed test runs:
L Perform triplicate 30-minute runs, using test method for EPA 320 for N20,
CH 4 , and TNMHC, using an EPA Surface Isolation Flux Chamber
c. The plant shall provide the following data:
i. The area of the aeration basins.
d. Within 35 days of the test, the Avogadro Group shall prepare, for owner review,
an electronic version of a draft report. Within five days of receipt of any
comments, the emission testing firm shall prepare one (1) hard copy of the final
report and one (1) electronic copy of the final report.
e. The report shall include a summary of emission results, source location
information, test conditions, test procedures, standard measurement procedures,
quality assurance, detailed results for individual test runs, and supporting data
including CEMS data, calibrations, field data sheets, calculations, and
spreadsheets.
f. The final report will be under separate cover from any other report required in this
specification.
9. Authorized Subconsultants
a. Labs shall be qualified to perform the tests required.
b. Subcontracting labs must be approved in advance by the City of Palo Alto project
manager.
10. Additional terms and conditions
a. Facility requirements
L Operation of the incinerators at the required test conditions according
to an agreed-upon testing schedule
City of Palo Alto -CONTRACT C10135189 PAGE 5 OF 14
CITY OF PALO ALTO CONTRACT NO.: C10135189
EXHIBIT A
ii. Clear, safe access to the sampling site and a safe work platform in the
form of catwalks
iii. Minimum of two 4 inch i.d. standard pipe test couplings with caps
removed in condition to accept a standard 1 to 3-inch diameter
sampling probes.
iv. A minimum of four 11 O-volt 20-amp electrical outlets will b available
within 50 feet of the area designated for the mobile laboratory. Three
additional 20-amp outlets will be available within 100 feet of each stack
sampling location.
v. An area will be designated and cleared for location of the mobile lab,
prior to Avogadro arriving on site. The area will be within 100 feet of
the base of the sampling site.
vi. All operation data necessary to show load conditions and calculate
results will be available
vii. All plant emergency and evacuation procedures, including necessary
site contact numbers will be available. Avogadro will have full access
to the facility's Material Safety Data Sheets (MSDS)
b. Process Information. Unless the test team includes an Avogadro employee
responsible for collecting unit data, the City shall provide accurate information in
a manner acceptable to the regulatory agency and in sufficient detail to perform
the necessary test calculations
c. Postponement or Cancellation. If the City postpones, reschedules, or cancels a
test, all expenses incurred for the preparation and travel that must be repeated
prior to the actual test will be invoiced. If the postponement or cancellation is
made less than two weeks prior to a scheduled test, Avogadro will charge the
City a fee of 10% of the estimated project price.
d. Standby Fees: If the test team arrives on site and cannot test due to causes
beyond Avogadro's control (i.e. City process or equipment problems, inclement
weather, etc.) standby fees will be charged at Avogadro's normal manpower
rates.
e. Inclement Weather. Inclement weather is defined as lightning, thunderstorms,
strong winds, icing, or other atmospheric conditions that may endanger or cause
damage to Avogadro personnel and/or equipment or otherwise adversely affect
the test results. The decision to conduct or postpone sampling operations will be
at the discretion of the Avogadro test team leader. If weather conditions preclude
safe testing during the scheduled hours and days the City will be invoiced at the
per-man, per-day standby rate.
f. Limitations of Liability. Avogadro shall not be responsible for an unsuccessful
test to compliance failure, malfunction, or improper operation of the facility's
process and/or control equipment. The City is responsible for having the process
and/or control equipment operating in a representative manner.
City of Palo Alto -CONTRACT C10135189 PAGE 60F 14
BAY AREA
AJRQ!JAUTY'
MANkO EMENT
DISTRICT
ALAMEDA COUNTY
Rob.eda aooR~r
Soott t-Iagge'riy
jChalrperstln)
Nate Miley
Shelia Yount)
CONTRA COSTA coilNTY
Malt OeSaulnler
Mark Ross
Gayle u'iI~ema
.lSBcr,I.,,:!,)
MARIN CO.UNTY
HarOld-C. Brown. Jr.
WiPA'(\OONTY
Bille;! Wagenknecht
SAN FRllNCllico COUNTY
.f Chris 'Oaly
, Napaot)
{~~ilt)
SAN MATEO COUNTY
Jerry Hili
M,ar!~nd Town.I!.Qnd
(IJIc~alrpeoslin)
SAN.TA C.L:ARA cOUNTY
LflKnlll$
Juila Miller
Dena Mossar
(vacant)
SolANO COUNTY
jOhn F. Sliva
SQNO.W~.CQUNTY
TimSmilh
Pamela Tori/att
William C. Nerlon
:xecuthie Officer/Plpeo
CITY OF PALO ALTO CONTRACT NO.: C10135189
EXHIBIT A
February 04. 2003
Pllio Alto ltfi!gionai Water Quality Control Plant
2561 El;lJbarcjldero Way
Palp Alto. CA 94303
Attention: William Miks
Dear Applicailt:
Application NUI1lber:
Plant Number:
Equipment Location:
6191
617
Same as above
Thi~ l~ttl!r is t.oadvise you that your applicaJion for changes in permit cQnditjQrts for the following equipment
has been approved:
S-1 SLUDGE INCINERATOR #1. Abated by A-20Attel'buru~r and A-22 Serubb~r
8-2 SLUDGE INCINERATOR #2, Abated by A-Zl Afterburner and' A-23 Scrubber.
Operation ofthi$ equipment Will bellubject to the attached condition:16101
Plellsemclu,de your appli138,tionnumbet with anycottespondeilce witli th¢ District. Jfyoubave any
questions 0)1 this matter, plasse call TlId .Hull; Air Q:Uality Engineer n at (41S) 749-4919.
RTHlVCh
Attachment
Vetytru!y yQui:$,
William C. Nort()Il
Executive OKti9~/ APCO
by~ F'S~ emilt . erylces IVlSlOD
939 ELLIs STREET· SAN FRANCISCO CALIFORNIA 94109 • 415.771.6000·/IlIt!w.l}(wqmd.got)
City of Palo Alto -CONTRACT C10135189 PAGE 70F 14
CITY OF PALO ALTO CONTRACT NO.: C10135189
EXHIBIT A
y-' GOND# r61 07 -------. -------. --. ---• -----.. ----.. ------.. ------
I'
The Palo Alto Regional Water Quality. Control Plant
(PARWQCP)
District PJ.ant #617
Sources S-1 and S-2 Sludge Incinerators
1. The combineq sludge throughput at 8-1 and 8-2 shall
not exceed 32 dtpd (dry ton per day) averaged over any
rolling 30 daY period. [basis: OUl)lulat~lJe increase]
2. The combined sludge throughput at 8-1 and S-2 shall
not exoeed 55 dtpd (dry ton per day) averaged over any
1'0 11ing24 hour period. [basis: cumulatiVe increase]
3. The combined incineration of cQntrQUed su(;)stance
waste .atS-1 or S-2snall not exceed 57 kg .per hour
andsha.ll be limited to the following materials:
[basis: toxics] .
a. confiscated drugs and contro1.led substances,
including containers
b. drug paraphernalia
c. storage bags made of non-dhlorinated plastio
d. paper and cardboard
4. Emissions from 8'-1 Incinerator shall be abated by.A-20
AfterbUrner and A·22 Scrubber during all periods of·
()peration. [basis: cumulative increase. and toxics]
5. Eiliissions from S-2 Incinerator shall be abated by A-21
Afterburner and A·23 Scrubber dur.ing all periods of
operation. [basis: oumulative increaSe and toxinsJ
6. nie destruction efficiency of A-20i:tnd A-21
Afterburner's shall not be less than tbe following
percentage by weight or outlet concentration shall not
be .greater than the following: [basis: dumulative
increase and toxics]
VOG
Dioxin
. Formaldehyde
Furans
Percentage
98%
30%
98%
98%
Concentration
20 ppmvd (3% 02)
90 P!!Jlm!3 (7% 02)
1.2 ppmvd (3% 02) .
373 pg/m3 (7% 02)
7. TDe capture efficiency of A-22 and A-23 Scrubbers
shall not be less than the following percentage by
weight or outlet concentration shall not be greater
City of Palo Alto -CONTRACT C10135189 PAGE80F 14
CITY OF PALO ALTO CONTRACT NO.: C10135189
EXHIBIT A
than the following: [basis: cumulative inorease and
toxios]
Hel
ArseniQ
Beryllium
CadmiUm
Chromium
Lead
Manganese
Mercury
Nickel
Se.1enium
Unc
percentage
50%
98%
94.5%
98%
99%
98%
99%
10%
9U%
90%
90%
Concentration
0.5 ppmvd ~3% 02)
17 uglm3 (7% 02)
0.03 ug/ rna (7~ 02)
5"9 ug{ 1ri3 (7% 02)
0.65 ugl lila (7% og)
265 ugl m3 (7% 02)
35 ug/ m3 (7% 02)
140 U91 m3 (7% (2)
15 ugJ rna (7% 02)
32 u91 rn3 (1% 02)
2513 ugl rn3 (7% 02)
8. The Afterburners A-20 and A-21 are permitted to fire
natural gas; landfill gas, or a combination thereof.
Wb.en landfill gas ;is fired, the non-methan.e organio
oompouogs (l\IMOC)' in the gas shall be reduoed by at
least 98% (wt) or have an emission less than 120 p.pm
by 'volume at the outlet (dry basis, expressed as
m.sthane ,corrected to 3% oxygen.) .The minimum
combustion zone temperature for A-20 andA-21 shall be
eqIJal to tbe average combustion zone temperature
determined during the most recent oomplying source
test minus 50 degrees F, provided that the minimum
com.Dustion zone temperature is not less than 1300
degree$ F. {basis: Toxic Risk Management Policy and
RegUlation B-~4-301.3} .
9. To determine compliance with above Part 8, each A·20
and A·21 Aft'~rburner shall be eqUipped with continuous
temperatur~' me!;lS'uring and recording instrumentation
oonsist:ing Qf at least 1 temperature probe and at
If!ast one rec.otding device, which will continuously
record temperature. [basis: Regulation 8~34"509,
clllDulative inorease and tOX10S]
10. The temp.erature measuring and recording
instrumenta:tion to be installed and the speoific
placement within the afterburner of each of the
temperature probes specified in Part 9 shall be .
subject to the prior approval of the Source Test
Section of the District's Technical Division. [basis:
oumulative increase and toxics]
11. In order, to demonstrate compliance with Regulation 8,
Rub 34, Sections 301.3 and 412, the Permit Holder
shall ensure that a District approved source test is
City of Palo Alto -CONTRACT C10135189 PAGE90F 14
CITY OF PALO ALTO CONTRACT NO.: C10135189
EXHIBIT A
conducted annually on the Afterburners A-20 and A-21
(--) while firing landfill gas. As a minimum, the annual
\ source test shall determine the following:
a. landfill gas flow rate to ea.ch afterburner (dry
basis);
b. concentration (dry bas,is) of total non-methane
organic colli pounds (NMOC) in the landfill gas;
c. exhaust gas flow rata from a.ach afterburner (dry
basis);
d. concentrations (dry basis) of NMQC, and 02 in the
flal"'estack gas;
e. the NMOC destruction efficiency achieved by each
afterpurner;and
f. tJ'Ie average combustion temperature in each
afterburner during the test period.
the first SOtlrce test shall be conducted no later than
~o days after landfill gas firing commences.
Subsequent source tests shall be eo.nductad no sooner
than S months and no later than 12 months after the
previous source test. The Source Test Secti()n of the
Dis1:rict shall be contacted to obtain approval of the
source tast procedures at least 14 days in advance of
ea:ch $OUrce test. The SOurce rest Section shall be
notified of the soheduled test date at lea'st 7 days in
advance of eaCh source test. The source test re@ort
shall be submitted to the Compliance and Enforcement
Div1$ion and to the Source Te.stSection within 45 days
of the test date. {basis:· RegUlations 8-34-301.3 and
8-34-412)
12. A·22 and A-'23 Scrubbers shall be properly maintained
a.mlkept in goodwor'king condition at all times. Each
A-lf2 and A-23 Scrubber .shall be equipp.ed with a
f16wlJ1.eter which will continuously r.eoOrd in units of
gpm and a pressLlre gal;lge whioh will cpntinuously
record in units of pSi. The flow rate and pressure at
eaCh scrubber shall be maintained within the
acceptable ranges established by the manufacturer.
[basis: cumu.lative incre<:tse and taxies]
13. The operator oT S-1 and 8-2 shall maintain the
following records for eaoh day of operation:
a. the hOur'S and time of operation,
b. The throughput of Sludge at each S-l and 8-2,
c. Date.1 time, and duration of. each controlled
substance incineration and the type and amount (kg)
of each material incinerated
d. The temperature data collected from the temperature
recorder at A-20 and A-21 ,
City of Palo Alto -CON"rRACT C10135189 PAGE 100F 14
I
\' .
CITY OF PALO ALTO CONTRACT NO.: C10135189
EXHIBIT A
a. The flowrate and pressure data collected at A-22
and A-23,
f. Each emission test or analY!3:is result lo.gged in for
the day of operation they were taken.
These records shall be retained for at least two five
years from the date .of entry and be made available to
the BAACllM.D upon request. [pasis: Regulation 8-34-509 J
cumulative increase,snd tox:i;c s 1
City of Palo Alto -CONTRACT C10135189 PAGE 11 OF 14
BAY AREA
AIRQgALlTY
MANAGEMENT
DISTRICT
SINCE 1955
Required
Action
Authorization
of Limited Use
Contact
Information
CITY OF PALO ALTO CONTRACT NO.: C10135189
EXHIBIT A
November 18,2009
Palo Alto Regional Water Quality Control Plant
2501 Embarcadero Way
Palo Alto, CA 94303
Attention: Rick Wetzel
Authority to Construct for Permit Application No. 20506, Plant No. 617
Your Authority to Construct is enclosed. This Authority to Construct is not a PelTIlit to
Operate. To receive your Permit to Operate you must:
1. Complete the Start-up Notification portion of the Authority to Construct.
2. Send the Start-up Notification to the assigned PelTIlit Engineer via e-mail, fax or
mail at least seven days prior to operating your equipment.
Note: Operation of equipment without sending the Start-up Notification to the District may
result in enforcement action.
The Authority to Construct authorizes operation during the start-up period from the date of
initial operation indicated in your Start-up Notification until the PelTIlit to Operate is issu~d,
up to a maximum of90 days. All conditions (specific or implied) included in this Authority
to Construct will be in effect during the start-up period.
If you have any questions, please contact your assigned PelTIlit Engineer:
Eric Y Chan, Air Quality Engineer II
Tel: (415) 749-4685 Fax: (415) 749-5030 Email: echan@baaqmd.gov
The Air District is a Cer,rified Green Business
Printed using soy-based inks on 100% post-consumer recycled conren! paper
939 ELLIs STREET' SAN FRANCISCO CALIFORNIA 94109 • 415.771.6000 • www.BAAQMD.GOV
City of Palo Alto -CONTRACT C10135189 PAGE 12 OF 14
CITY OF PALO ALTO CONTRACT NO.: C10135189
EXHIBIT A
Plant Name: Palo Alto Regional Water Quality Control Plant
S-4641 Emergency Standby Diesel Generator Set
Condition No. 24496 Plant No. 617 Application No. 20506
1. The owner/operator of Plant #617 shall not emit
more than 35 tons of NOx in any consecutive 12-
month period. (basis: Offsets Trigger)
2. At least once every 12 months, the
owner/operator shall perform a source test to
measure the NOx emissions from the incinerators
(S-1 and S-2) and the afterburners (A-20 and A-
21). These NOx emissions shall be added with
the NOx emissions from the plant's other NOx
emitting sources. If the NOx emissions exceeds
35 tpy, the owner/operator shall notify the
District's Permit Services Division and provide
NOx offsets according-to Regulation 2-2-302.
The NOx emissions from the backup diesel
engines shall use the following emission
factors and engines' last 12-month's hours of
operation data:.
10.44 lb/hr for S-4614
27.47 Ib/hr for S-4621, 4622, 4638, 4639
33.65 lb/hr for S-4640
8.92 lb/hr for S-4641
{basis: Offsets Trigger}
. End of Conditions
City of Palo Alto -CONTRACT C10135189 PAGE 130F 14
1.
2.
3.
4.
5.
CITY OF PALO ALTO CONTRACT NO.: C10135189
EXHIBIT A
Plant Name: Palo Alto Regional Water QuaUty Control Plant
S-4641 Emergency Standby Diesel Generator Set
Condition No. 12850 Plant No. 617 Application No. 20506
The owner/operator shall not exceed 50 hours per year per engine for reliability-related testing.
[Basis: "Stationary Diesel Engine ATCM" section 93115, title 17, CA Code of Regulations, subsection
(e)(2XA)(3) or (e)(2)(B)(3)]
The owner/operator shall operate each emergency standby engine only for the following purposes: to mitigate
emergency conditions, for emission testing to demonstrate compliance with a District, State or Federal
emission limit, or for reliability-related activities (maintenance and other testing, but excluding emission
testing). Operating while mitigating emergency conditions or while emission testing to show compliance with
District, State or Federal emission limits is not limited.
[Basis: "Stationary Diesel Engine ATCM" section 93115, title 17, CA Code of Regulations, subsection
(e)(2XA)(3) or (e)(2)(B)(3»)
The oWner/operator shall operate each emergency standby engine only when a non-resettable totalizing meter
(with a minimum display capability of9,999 hours) that measures the hours of operation for the engine is
installed, operated and properly maintained.
[Basis: "Stationary Diesel Engine ATCM" section 93115, title 17, CA Code of Regulations,
subsection(e )(4)(G)(I)]
Records: The owner/operator shall maintain the following monthly records in a District-approved log for at
least 36 months from the date of entry (60 months if the facility has been issued a Title V Major Facility
Review Permit or a Synthetic Minor Operating Permit). Log entries shall be retained on-site, either at a central
location or at the engine's location, and made immediately available to the District staff upon request.
a. Hours of operation for reliability-related activities (maintenance and testing).
b. Hours of operation for emission testing to show compliance with emission limits.
c. Hours of operation (emergency).
d. For each emergency, the nature of the emergency condition.
e. Fuel usage for each engine(s).
[Basis: "Stationary Diesel Engine ATCM" section 93115, title 17, CA Code of Regulations, subsection
(e)(4)(1), (or, Regulation 2-6-501)]
At School and Near-School Operation:
If the emergency standby engine is located on school grounds or within 500 feet of any school grounds, the
following requirements shall apply:
The owner/operator shall not operate each stationary emergency standby diesel-fueled engine for non
emergency use, including maintenance and testing, during the following periods:
a. Whenever there is a school sponsored activity (if the engine is located on school grounds)
. b. Between 7:30 a.m. and 3:30 p.m. on days when school is in session.
"School" or "School Grounds" means any public or private school used for the purposes of the education of
more than 12 children in kindergarten or any of grades 1 to 12, inclusive, but does not include any private
school in which education is primarily conducted in a private home(s). "School" or "School Grounds"
includes any building or structure, playground, athletic field, or other areas of school property but does not
include unimproved school property.
[Basis: "Stationary Diesel Engine ATCM" section 93115, title 17, CA Code of Regulations, subsection
(e)(2)(A)(1)] or (e)(2)(B)(2)]
City of Palo Alto -CONTRACT C10135189 PAGE 140F 14
CITY OF PALO ALTO CONTRACT NO.: ClO135189
EXHIBIT "B"
SCHEDULE OF PERFORMANCE
CONSULTANT shall perfonn the Services so as to complete each milestone within the time
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 within 2 weeks of receipt ofthe notice to proceed.
Milestones
1. Completion of Task 1 -2010
2. Completion of Task 2 and 3 -2010
3. Completion of Task 1 -2011
4. Completion of Task 2 -2011
5. Completion of Task 1 -2012
6. Completion of Task 2 -2012
1
Completion
fromNTP
June 15,2010
September 1,2010
July 1, 2011
December 31, 2011
July 1, 2012
December 31,2012
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CITY OF PALO ALTO CONTRACT NO.: CI0135189
EXHIBIT "C"
COMPENSATION
The CITY agrees to compensate the CONSULT ANT 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-l 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 the
total for each year. 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 the amount listed for each year. Any
work performed 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.
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 within each service year provided the total
compensation for Basic Services, including reimbursable expenses, does not exceed the
total for each year.
Year Bud!!et Schedule
2010 Task 1-Annual Compliance Testing
2010 Task 2-Emission Data Collection l
Incinerator
2010 Task 3-Emission Data Collection
(Aeration Basin and Trickling Towers)
Subtotal for Basic Services 2010
Additional Services
Total for 2010
2011 Task 1-Annual Compliance Testing
2011 Task 2-Emission Data Collection,
Incinerator
Subtotal for Basic Services for 2011
Additional Services
al for 2011
1 Task 1-Annual Compliance Testing
1 Task 2-Emission Data Collection,
Incinerator
Subtotal for Basic Services for 2012
Additional Services
Total for 2012
1
Not To Exceed
$6,635
"$69,850
$12,690
$89,175
$9,825
$99,000
$6,970
$73,370
$80,340
$8 1 660
$89,000
$7,250
$76,230
$83,570
$8,430
$92,000
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CITY OF PALO ALTO CONTRACT NO.: CI0135189
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.
ADDITIONAL SERVICES
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
expense, for such 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 and CONSULTANT prior to commencement of the services.
Payment for additional services is subject to all requirements and restrictions in this
Agreement.
Work required because the following conditions are not satisfied or are exceeded shall be
considered as additional services:
• Charges for extra days on site over and above the schedule will be an additional
$1,695 (equipment and per diem only) plus Avogadro's normal manpower rates."
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vogadro
Field Testing Personnel
EXHIBIT "C· 1 "
THE A VOGADRO GROUP, LLC
FEE SCHEDULE FOR SOURCE TESTING
EFFECTIVE JANUARY 1,2010 TO DECEMBER 31, 2010
Hourlv Rate ($)
Consultant. ................................................................................................................................................... 185
Senior Project Manager ............................................................................................................................... 145
Project Manager .......................................................................................................................................... 125
Test Team Leader ........................................................................................................................................ 110
Senior Technician ........................................................................................................................................ 100
Field Technician ............................................................................................................................................ 85
Support Personnel Hourly Rate ($)
Senior Office Worker .................................................................................................................................. 125
Office Worker ............................................................................................................................................... 85
Overtime Rate for Hourly Employees Hourly Rate ($)
Over 8 hours per day or between 40 and 60 hours per week .............................................. Standard Rate x 1.5
Over 12 hours per day or over 60 hours per week .............................................................. Standard Rate x 2.0
Note: Avogadro also accounts/or oVertime meeting the "consecutive day" rules.
Overhead Direct Costs Unit Rate ($)
Per Diem ............................................................................................................................................... 145/day
Mobile Lab Vehicle Mileage .............................................................................................................. 1.50/mile
Other Overhead Direct Costs, including analytical costs ........................................................... Cost Plus 15%
Testing Equipment Fees Daily Rate ($)
Mobile Laboratory, no CEMS -less mileage .............................................................................................. 350
Mobile Laboratory with CEMS (0 2, CO2, NOx, CO) -less mileage ...... : .................................................... 700
Portable Sampling System ........................................................................................................................... 200
Data Acquisition System ............................................................................................................................. 100
Strip Chart Recorders ................................................................................. ; ................................................ 100
O2 Analyzer ................................................................................................................................................. 125
CO2 Analyzer .............................................................................................................................................. 125
CO Analyzer ................................................................................................................................................ 175
NOx Analyzer .............................................................................................................................................. 175
S02 Analyzer ............................................................................................................................................... 200
THC Analyzer ............................................................................................................................................. 300
FTIR Analyzer (on site) .............................................................................................................................. 750
Gas Chromatograph (on site) ....................................................................................................................... 750
Heated sample line, 50 or 100 Ft. ................................................................................................................ 100
Isokinetic Sampling System -Complete ...................................................................................................... 250
Non-Isokinetic Pump & Meter ........................................................................................ : ........................... 175
VOST Meter Box ........................................................................................................................................ 225
20 I A I OTM-027 Cyclone I Cascade Impactor .............................................................................. : ............ 125
Impinger Set ........................................................................... '" .................................................................. 100
Midget Impinger Assembly ......................................................................................................................... 150
Lung Sampler .............................................................................................................................................. 100
Tedlar Bags (each) .......................................................................................................................................... 35
0111112010" This fee schedule supersedes all previous fee schedules.
CITY OF PALO ALTO CONTRACT NO.: ClO135189
EXHIBIT "D"
INSURANCE REQUIREMENTS
CONTRACTORS TO THE CITY OF PALO ALTO (CITY),AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE CONTRACT OBTAIN
AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH AM
BEST'S KEY RATING OF A-:VII, OR IDGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE
STATE OF CALIFORNIA.
AWARD IS CONTINGENT ON COMPLIANCE WITH CITY'S INSURANCE REQUIREMENTS, AS SPECIFIED, BELOW:
MINIMUM LIM:tTS
REQUIRED TYPE OF COVERAGE REQUIREMENT EACH
YES
YES
YES
YES
YES
YES
OCCURRENCE AGGREGATE
WORKER'S COMPENSATION STATUTORY
EMPLOYER'S UABILITY STATUTORY
BODILY INJURY $1,000,000 $1,000,000
GENERAL LIABILITY, INCLUDING
PERSONAL INJURY, BROAD FORM PROPERTY DAMAGE $1,000,000 $1,000,000
PROPERTY DAMAGE BLANKET
CONTRACTUAL, AND FIRE LEGAL BODILY INJURY & PROPERTY DAMAGE $1,000,000 $1,000,000
LIABILITY COMBINED.
BODILY INJURY $1,000,000 $1,000,000
-EACH PERSON $1,000,000 $1,000,000 -EACH OCCURRENCE $1,000,000 $1,000,000
AUTOMOBILE LIABILITY, INCLUDING
ALL OWNED, HIRED, NON-OWNED PROPERTY DAMAGE $1,000,000 $1,000,000
BODILY INJURY AND PROPERTY $1,000,000 $1,000,000
DAMAGE, COMBINED
PROFESSIONAL LIABILITY, INCLUDING,
ERRORS AND OMISSIONS,
MALPRACTICE (WHEN APPliCABLE),
AND NEGliGENT PERFORMANCE All DAMAGES $1,000,000
THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONTRACTOR, AT ITS SOLE COST AND EXPENSE,
SHALLOBTAINANDMAINTAIN,INFULLFORCEANDEFFECTTHROUGHOUTTHEENTIRETERMOFANYRESULTANTAGREEMENT,
THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONTRACTOR AND ITS SUBCONSULTANTS, IF ANY, BUT .
AS ADDmONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES.
ALSO, wrm TIlE EXCEPTION OF WORKERS' COMPENSATION, EMPLOYER'S LIABIlITY AND PRQFESS"NALINSlJRANCE, NAMING I
I. INSURANCE COVERAGE MUST INCLUDE:
A. A PROVISION FOR A WRITIEN THIRTY DAY ADVANCE NOTICE TO CITY OF CHANGE IN
COVERAGE OR OF COVERAGE CANCELLATION; AND
B. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR
CONTRACTOR'S AGREEMENT TO INDEMNIFY CITY.
C. DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY'S PRIOR APPROVAL.
II. CONTACTOR MUST SUBMIT CERTIFICA TES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE.
III. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO "ADDITIONAL
INSUREDS"
A. PRIMARY COVERAGE
WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS
AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY OTHER
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CITY OF PALO ALTO CONTRACT NO.: CI0135189
INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS.
B. CROSS LIABILITY
THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY SHALL
NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER, BUT THIS
ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF
THE COMPANY UNDER THIS POLICY.
C. NOTICE OF CANCELLATION
1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER
THAN THE NON-PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY
AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF
CANCELLATION.
2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-P A YMENT
OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A TEN (10) DAY
WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
NOTICES SHALL BE MAILED TO:
PURCHASING AND CONTRACT ADMINISTRATION
CITY OF PALO ALTO
P.O. BOX 10250
PALO ALTO, CA 94303
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