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HomeMy WebLinkAboutStaff Report 322-10TO: HONORABLE CITY COUNCIL FROM: CITY MANAGER DEPARTMENT: PUBLIC WORKS DATE: JULY 26, 2010 CMR:322:10 REPORT TYPE: CONSENT SUBJECT: Approval of a Wastewater Treatment Enterprise Fund Contract with Carollo Engineers, Inc. in an Amount of $981,266 for Preparation of the Long Range Facilities Plan for the Regional Water Quality Control Plant; and Adoption of a Budget Amendment Ordinance for the Fiscal Year 2011 to Provide an Additional Appropriation of $481,266 to Capital Improvement Program Project WQ-l000l, Plant MasterPlan RECOMMENDATION Staff recommends that Council: 1. Approve and authorize the City Manager or his designee to execute the attached contract with Carollo Engineers, Inc. (Attachment A) in an amount of $892,060 for engineering design services for preparation of the Long Range Facilities Plan for the Regional Water Quality Control Plant (RWQCP), Capital Improv~ment Program (CIP) Project WQ-10001; and 2. Authorize the City Manager or his designee to negotiate and execute one or more contract revisions to the contract with Carollo Engineers, Inc. for related additional services as specified in the contract, the total value of which shall not exceed $89,206 and 3. Adopt a Budget Amendment Ordinance (BAO) for $481,266 (Attachment B) to transfer $481,266 from CIP Project WQ-04010, Replace Existing Reclaimed Water Pipe, to CIP Project WQ-10001, Plant Master Plan. DISCUSSION The Palo Alto Regional Water Quality Control Plant (RWQCP) treats wastewater from approximately 229,800 residents and 170,460 jobs. This wastewater is generated in the cities of Los Altos, Mountain Vi~, and Palo Alto, the Town of Los Altos Hills, the East Palo Alto Sanitary District, and Stanford University. The City owns and operates the RWQCP with operating and capital costs shared by participating agencies. This project has been explained to the neighboring agencies. The RWQCP was built in 1972 at the site ofthe pre-existing Palo Alto wastewater treatment plant built in 1934. The Plant was upgraded to tertiary treatment in 1980. Plant capacity was increased in 1988. Some of the original plant structures remain in service. CMR:322:10 Page 1 of5 Plant facilities meet all current regulations and operate reliably, however aging facilities, changing regulations, and opportunities for greater effectiveness will require substantial capital facility changes for the RWQCP. The plant has the opportunity to plan efficient and effective long range facilities that will adapt to evolving environmental regulations, utilize more reliable waste treatment technologies, take advantage of newer waste-to-energy solutions, meet future demands, and reduce greenhouse gas emissions. In particular, the consultant has been tasked with development, evaluation, and recommendation of promising biosolids treatment alternatives that will be alternatives to the present incineration process, including standard wet anaerobic digesters producing methane gas that can be converted into electricity to run the plant, state-of­ the-art incineration technologies with energy recovery of exhaust heat, and arc plasma incineration running on a carbon neutral electricity supply. Developing the plant's future biosolids technology is synergistically interwoven with development of the liquid treatment system alternatives. The project presents numerous challenges that require a coordinated effort of technical and planning experts in the treatment ofbiosolids and wastewater. Coordination with CompostlEnergy Feasibility Study Council recently directed staff to prepare an anaerobic digestion/energy generation (compost/energy) feasibility study at an eight to nine acre park/landfill site south ofthe RWQCP. A staff report and recommendation that Council approve a consultant contract for the Energy/Compost Feasibility Study and Environmental Impact Initial Study is currently scheduled for the August 2, 2010 City Council meeting. The timeline for that project includes a community scoping meeting in September 2010, submittal of a Preliminary Financial/Greenhouse Gas Analysis in March 2011, and submittal of a final feasibility study and workplan for CEQA documentation in Fall 2011. The outcome of the energy/compost feasibility study at the landfill site will be coordinated with, and is compatible with, the Long Range Facilities Plan. The compost/energy study will evaluate the feasibility of composting biosolids, green waste, and food waste at the landfill site. Although the study may conclude that composting of food waste and green waste is feasible and biosolids composting is not, the Long Range Facilities Plan would still proceed as planned. If the opposite holds (i.e., anaerobi~ digestion of biosolids is viable at the landfill site), then the Long Range Facilities Plan would adapt to include this option in the Long Range Facilities Plan. Each project's scope of work requires data sharing (e.g., Carollo will provide biosolids data for all anaerobic digestion alternatives). Furthermore, Carollo will provide the feasibility study's consultant with specific data related to traditional wet anaerobic digestion alternatives such as project costs, greenhouse gas emissions, and methane production. Scope of Services Description The consultant will provide services to develop the RWQCP's Long Range Facilities Plan. The Facilities Plan will forecast needs for capital improvements over a 50-year planning horizon. A general list of the consultant's services includes: • Characterizing existing and future plant flow, capacity, energy, pollutant, and waste loadings • Evaluating trends and impacts from the air, water, and solids disposal regulatory environment CMR:322:10 Page 2 of5 • Evaluating impacts of sea level rise and greenhouse gas emissions • Evaluating community goals .and concerns • Evaluating options for rehabilitation or replacement of existing facilities • Evaluating alternatives for waste-to-energy, regulatory compliance, land adjacency issues, and operational considerations • Assisting the City in public outreach meetings • Developing benefits and costs of the most promising alternatives • Preparing the Long Range Facilities Plan report • Preparing a scope of work for a subsequent CEQA program level environmental review of the Long Range Facilities Plan ummarvo o lCl Ion rocess S fS r ·tat" p Proposal TitlelNumber Long Range Facilities Plan for the Regional Water Quality Control Plant -RFP136268 Proposed Length of Project 24 months Number of Proposals mailed &/or 24 emailed Total Days to Respond to Proposal 35 Pre-proposal Meeting Date May 11,2010 Number of Company Attendees at 17 firms Pre-proposal Meeting Number of Proposals Received: 3 Number of Companies Interviewed 3 Range of Proposal Amounts $687,490 to $1,109,819 Submitted Several firms not submitting proposals indicated that they didn't have the necessary resources, were not able to offer a competitive price, and were currently overloaded with work. Evaluation of Proposals The proposal evaluation committee consisted of five persons from the Public Works Water Quality Control Plant and Environmental Compliance Division staff. Proposers were interviewed June 14,2010. The finns interviewed are knoWn, respected, and experienced project personnel in the wastewater engineering field. The committee carefully reviewed each firm's qualifications and submittal in response to the criteria identified in the Request for Proposal. The criteria used to evaluate the proposing firms included: quality and completeness of proposal; quality, perfonnance, and effectiveness of the work plan; proposer's experience; proposer's ability to perfonn the work within the time specified; cost; proposer's financial stability; proposer's prior record of perfonnance with the City; and proposer's compliance with applicable laws and regulations. Staff selected Carollo Engineers because: a) the depth of the team's professional experience, especially in regional planning, biosolids management, and working with 'the public; b) Carollo's CMR:322:10 Page 3 of5 understanding of the City's needs, issues, and objectives; and c) the quality, innovation, and thoroughness of Carollo's proposed work plan. Contract Price and Project Budget The contract price for the Long Range Facilities Plan Project is $892,060. The recommended total budget for the project is $981,266, including $89,206 (10 percent) for additional services identified in the scope of work. Additional services include supplemental technical analysis in support of dry anaerobic digestion and energy generation, an analysis of an outfall extension beyond the salt marsh and brackish marsh habitat, or other miscellaneous uhforeseen services. Additional services must be pre-authorized by the Project Manager and executed by contract change order. Through partnership agreements, the neighboring cities that contribute sewage to the plant will pay their share of project costs, approximately 63%, while Palo Alto wastewater ratepayers will cover approximately 37% of project costs. Long Range Facilities Plan project costs will be paid from the Wastewater Treatment ~ Fund capital budget, which is typically budgeted at about $2.5 million per year. RESOURCE IMPACT The FY 2010 adopted capital budget included $500,000 funding for the project (CIP Project WQ-10001: Plant Master Plan). Additional funds are required to impJement the full range of services needed for the Long Range Facilities Plan; the additional costs of the services were unanticipated during capital budget development in early 2008. An additional amount of $481,266 is required to fund the $981,266 total project budget. Fupds in the amount of $1,105,115 are available in the CIP Project WQ-04010: Replace Existing Reclaimed Water Pipe; the pipeline project was completed in 2009 and project funds are no longer needed in CIP WQ- 04010. Unused funds in WQ-0401O will be moved to the Wastewater Treatment Fund Rate Stabilization Reserve in mid-year FY 2011. To secure funds from CIP Project WQ-0401O, staff requests that Council adopt a BAO transferring $481,266 from CIP Project WQ-0401O: Replace Existing Reclaimed Water Pipe to CIP Project WQ-10001: Plant Master Plan. The proposed BAO has no impact on the Wastewater Treatment Fund Rate Stabilization Reserve. POLICY IMPLICATIONS Authprization of this project does not represent a change in existing policies. ENVIRONMENTAL REVIEW This project is a planning and feasibility study and is statutorily exempt from CEQA. CEQA review will be performed during development of any resulting projects, as necessary. ATTACHMENTS Attachment A: Contract with Scope of Services Attachment B: Budget Amendment Ordinance PREPARED BY: JAMES B. FLANIGAN, Senior Engineer CMR:322:10 Page 4 of5 .' REVIEWED BY: JAMES S. ALLEN Manager, Water Quality Control Plant DEPARTMENT APPROVAL: ~lRA· GLENN S. ROBERTS Director of Public Works CITY MANAGER APPROV AL: CMR.:322:10 Page 5 of5 CITY OF PALO ALTO CONTRACT NO.: C11136268 AGREEMENT BETWEEN THE CITY OF PALO ALTO AND CAROLLO ENGINEERS, INC. FOR PROFESSIONAL SERVICES· ATTACHMENT A LONG RANGE FACILITIES PLAN FOR THE REGIONAL WATER QUALITY CONTROL PLANT . This AGREEMENT is entered into on this day of August, 2010, by and between the CITY OF PALO ALTO, a California chartered municipalcOtporation ("CITY"), and CAROLW ENGINEERS, INC., a cotpOration in the State of Delaware, with offices located at 2700 Ygnacio Valley Road, Suite 300, Walnut Creek, CA 94598 ("CONSULTANT"). RECITALS The following recitals are a substantive portion of thisAgreement. . A. CITY intends to prepare a Long Range Facilities Plan for the Regional Water Quality Control Plant (''Project''). and desires to engage a consultant to evaluate planning alternatives, conduct public outreach meetings and prepare the Long Range Facilities Plan report 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 descnbedin 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 through completion of the services in accordance with the Schedule of Performance attached as Exhibit ''B'' unless terminated earlier pursuant to Section 19 of this Agreement. SECTION 3. SCHEDULE OF PERFORMANCE. Time is of the essence in the perfOI'lllance 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 Professional Services Rev. January 11,2010 CITY OF PALO ALTO CONTRACT NO.: Cll136268 timely manner based UPQn the circumstances and direction cQmmunicated to' the CONSULTANT. ClTY's agreement to' extend the term Qr the schedule fQr perfQrmance shall nQt preclude reCQvery Qf damages for delay if the extensiQn is required due to' the fault Qf CON SUL T ANT. SECTION 4. NOT TO EXCEED COMPENSATION. The cQmpensatiQn to' be paid to' CONSULTANT fQr perfQrmance O.fthe Services described in Exhibit "A", including bO.th payment fQr prQfessiQna] services andreimbursab]e expenses, shall nO.t exceed Eight Hundred Ninety-two. ThQusand Sixty DQllars ($892,060,00). In the event AdditiQnal Services are authQrized, the to.ta] cQmpensatiQn for services and reimbursable expenses shall nO.t exceed Nine Hundred Eighty-Qne Thousand Two. Hundred Sixty-six DO.llars ($981,266.00). The applicable rates and schedule of payment are set Qut in Exhibit "C-l ", entitled "HOURLY RATE SCHEDULE," which is attached to' and made a part Qf this Agreement. AdditiQna] Services, if any, shall be authQrized in accordance with and subject to' the prO.visiO.ns O.f Exhibit "C". CONSULTANT shal] nO.t receive any cO.mpensatiO.n fQr AdditiO.nal Services perfO.rmed withO.ut the priQr written authQrizatiO.n Qf CITY. AdditiO.na]· Services shall mean any wQrk that is determined by ClTY to' be necessary for the proper completiQn of the PrO.ject, but which is nO.t included within the ScO.pe QfServices described in Exhibit "A". SECTION 5. INVOICES. In Qrder to' request payment, CONSULTANT shall submit mQnth]y invQices to the ClTY describing the services perfQrmed and the applicable charges (including an identification O.f personnel who. perfQrmed the services, hO.urs wQrked, hQurly rates, and reimbursable expenses), based UPO.n the CONSULT ANT's bi11ing rates (set fO.rth in Exhibit "C-l "). If applicable, the invQice shan a]sO. describe the percentage Qf c{)mp]etiQn O.f each task. The infQrmatiQn in CONSULTANT's payment requests shan be subject to' verificatiO.n by CITY. CONSULTANT shall send all invQices to' the City's project manager at the address specified in SectiO.n 13 be]Qw. The City will generally process and pay invoices within thirty (30) days O.f receipt. SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All of the Services shall be perfO.rmed by CONSULTANT Qrunder CONSULTANT's supervisiO.n. CONSULTANT represents that it possesses the professiO.na] and technical persO.nnel necessary to' perform the Services required by this Agreement and that the persO.nnel have sufficient skill and experience to perfQrmthe Services assigned to them. CONSULTANT represents that it, its employees and subcQnsultants, ifpermitted, have and shall maintain during the term O.f this Agreement all licenses, permits, qualificatiQns, insurance and apprQva]s O.fwhatever nature that are legally required to' perfQrm the Services. All O.f the services to' be furnished by CONSULTANT under this agreement shaH meet the prO.fessiO.nal standard and quality that prevai]amO.ng prO.fessiQnals in the same discipline and O.f similar knQwledge and skill engaged in related wO.rk throughQut CalifQrnia under the same O.r similar circumstances. SECTION 7. COMPLIANCE WITH LAWS. CONSULTANT shall keep itselfinformed Qf and in cO.mpliance with all federal, state and IQcal laws, O.rdinances, regu]atiQns, and orders that may affect in any manner the PrQject Qr the perfO.rmance Qf the Services O.r thQse engaged to' perfQrm Services under this Agreement. CONSULTANT shall procure all permits and licenses, pay all 2 Professional Services Re\,. January 11,2010 \\CC· TERRA \iarreol\PURCHDOCiSAP Bids and ProposalsIRFP\RFPJ 36268 long Range Facilities Plan for the RWQCP\Contract n J 136268 CAROLLO ENGINEERS.doc CITY OF PALO ALTO CONTRACT NO.: CII136268 charges and fees, and give all notices required by law in the performance of the Services. SECTION 8. ERRORS/OMISSIONS. CON SULT 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 CONSULT ANT. If CONSULT 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 of the Project. This obligation shall survive termination of the 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. If the total estimated construction cost at any submittal exceeds ten percent (10%) of the CITY's stated construction budget, CONSULTANT shall make recommendations to the CITY for aligning the PROJECT design with the budget, incorporate CITY approved recommendations, and revise the design to meet the Project budget, at no additional cost to CITY. The CONSULTANT has no control over the cost of labor, materials, equipment or services furnished by others, or over the construction contractor's method of determining prices, or other competitive bidding or market conditions, practices or bidding strategies. Cost estimates are based on CONSULTANT's opinion based on experience and judgment. CONSULTANT cannot and does not guarantee that proposals, bids or actual Project construction costs will not vary from cost estimates prepared by CONSULTANT. 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 CON SUL T ANT 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 12. SUBCONTRACTING. DOption A: No Subcontractor: CONSULT ANT shall not subcontract any portion ofthe work to be performed under this Agreement without the prior written authorization of the city manager or designee. ~Option B: Subcontracts Authorized: Notwithstanding Section 11 above, CITY agrees that subconsuItants may be used to complete the Services. The subconsultants authorized by CITY to perform work on this Project are: 1. Niessen Consultants -Biosolids Incineration Professional Services Rev. January 11.2010 \\CC-TERRA Ijarreol\PURCHDOCiSAP Bids and Proposals\RFP\RFPI 36268 Long Range Facilities Plan for the RWQCPlContract (' I 1 I 36268 CAROLLO ENGINEERS.doc CITY OF PALO ALTO CONTRACT NO.: C11136268 2. ESA Associates -Regulatory Review/Environmental 3. Michael Willis Architects -Site Layout! Architecture, 4. Mizutani Environmental -Air Permitting 5. Gutierrez Consultants -Financial PlanlFunding 6. Jim Binder, ARI-Incineration aridEnergy Recovery CONSULTANT shaH be responsible for directing the work of any subconsultants and for any compensation due to· subconsultants. ClTY assumes no responsibility whatsoever concerning compensation. CONSULTANT shall be fully responsible to ClTY 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 13. PROJECT MANAGEMENT. CONSULTANTwillassignRob~A.Ginette, P.E. as the project manager to have supervisory responsibility for the performance, progress, and execution of the Services and Lydia Holmes, P.E. as the assistant project manager to represent CONSULTANT during the day,.to-day work on the Project. If circumstances cause the substitution of the project director, project coordinator, or any other key personnel for any reason, the appointment of a substitute project director and the assignment of any key new or replacement personnel will be subject to the prior written approval of the ClTY's project manager. CONSULTANT, at CITY's request, shall promptly remove personilel who ClTY 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's project manager is Jim Flanigan, Public Works Department, Regional Water Quality Control Division, at2501 Embarcadero Way, Palo Alto, CA 94303, Telephone: 650-6] 7~3130. The project manager will be CONSULTANT's point of contact with respect to performance, progress and execution of the Services. The ClTY may designate an alternate project manager from time to time. SECTION 14. OWNERSIDP 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 withoutrestriction or limitation upon their use. CONSULTANT agrees that all copyrights which arise from creation of the work pursuant to this Agreement shall be vested in ClTY, and CONSULTANT waives and relinquishes all claims to copyright or other intellectual property rights in favor of the ClTY. Neither CONSUL T ANT nor its contractors, if any, shall make any of such materials available to any individual or organization without the prior written approval of the City Manager or designee. CONSULTANT makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the scope of work and any such reuse of completed documents or use of partially completed documents without written verification or concurrence by CONSULTANT for the specific purpose intended will be at CITY'S sole risk and without liability or legal exposure to CONSULTANT. 14.1 . City-Provided Information: The CITY shall furnish the CONSULTANT available studies, reports, and other data pertinent to CONSULTANT's services and CONSULTANT shall be entitled to use all such information and services provided by the CITY or others in performing 4 Professional Sen'ices Rey, January 11,2010 liCC ~ TERRA \iarreoIIPURCHDOC\SAP Bids and ProposaisiRFP\RFPI :16268 Long Range Facilities Plan for the RWQCPIContract C I} 136268 CAROLLO ENGINEERS,doc CITY OF PALO ALTO CONTRACT NO.: Cl1136268 CONSULTANT's services under· this Agreement. SECTION 15. AUDITS. CONSULT ANT will permit CITY to audit, at any reasonable time during the tern1 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 forat least three (3) years after the expiration or earlier termination of this Agreement. SECTION 16. INDEMNITY. [8JIOption A applies to tbe following design professionals pursuant to Civil Code Section 2782.8: arcbitects; landscape architects; registe.red 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 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. DIOption B applies to any consultant who does not qualify as a design professional as defined· in Civil Code Section 2782.8.] 16.1. To the fullest extent permitted by law, CONSULT ANTshall protect, indemnify, defend and hold hannless 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 C·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 CONSULT ANT 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 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 provision 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 ~ 5 Professional Sen-ices Rev. January 1 L 2010 \\CC-TERRA\iarreoI\PURCHDOC\SAP Bids and Proposals\RFP\RFPB6268 Long Range Facilities Plan for the RWQCP\Contract CJ 1136268 CAROLLO ENGlNEERS.doc CITY OF PALO ALTO CONTRACT NO.: Cll136268 SECTION 18. INSURANCE. 18.1. CONSULTANT, at its sole cost and ex:pense, shaH obtain and maintain, in full force and effect during the term of this Agreement, the insurance coverage described in Exhibit "D". CONSULTANT and its contractors, ifany, shaH obtain a policy endorsement naming CITY as an additional insured under any general liability or automobile policy or policies. 18.2. An insurance coverage required hereunder shall be provided through carriers with AM Best's Key Rating Guide ratings of A-:VII 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 of this Agreement. The certificates will be subject to the approval of CITY's Risk Manager and will contain an endorsement stating that the insurance is primary coverage and wi]] 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 shan 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 poli<;y or policies of insurance, CONSULTANT WIll be obligated for the fu]] 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 wiH immediately discontinue its performance of the Services. 19.2. CONSULTANT may terminate this Agreement or suspend its performance 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 shaH deliver to the City Manager immediately any and a]] 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 thi s Agreement. Such materials wi]] become the property of CITY . 6 Professional Sen'ices Re,·. January 1 L 2010 IICC-TERRAljalTeollPURCHDOClSAP Bids and ProposalslRFPlRFPJ36268 Long Range Facilities Plan for the RWQCPIContract CJ 1136268 CAROLLO ENGINEERS.w.lC . ., - ~ CITYOF PALO ALTO CONTRACT NO.: Cll136268 19.4. Upon such suspension or termination by CITY, CONSULTANT will be paid for the Services rendered or matirrials 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 teTlllination; provided, however, if this Agreement is suspended or terminated on account ofa default by CONSULTANT, . CITY will be obligated to compensate CONSULTANT only for that portion Of CONSULTANTs services which are of direct and;immediate benefit to CITY as such determination may be made by the City Manager acting in the reaSonable exercise ofhislher discretion ] 9.5. No payment, partial payment, acceptance, or partial acceptance by CITY wi]] operate as a waiver on the part of CITY of any of its rights under this Agreement. SECTION 20. NOTICES. All notices hereunder will be given in writing and mailed, postage prepaid, by certified mail, addressed as follows: To CITY: Office of the City Clerk City of Palo Alto Post Office Box lO250 Palo Alto, CA 94303 With a copy to the Purchasing Manager To CONSULTANT: Attention of the project director at the address of CONSULT ANT recited above SECTION 21. CONFLICT OF INTEREST. 21.1. In accepting this Agreement, CON SUL T ANT 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 Governinent Code of the State of California. 2].3. lfthe 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 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, 7 Professional s.n·ices Re'c. Janual)' I L 2010 \\CC-TERRA\jarreol\PURCHDOC\SAP Bids and Proposals\RFP\RFPI36268 Long Range Facilities Plan for the RWQCP\Contract CI1136268 CAROLLO ENGINEERS.doc CITY OF PALO ALTO CONTRACT NO.: Cll136268 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. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE REQUIREMENTS. CONSULTANT shall comply with the City's Environmental1y Preferred Purchasing poliCies which are available at the city's Purchasing Department which are incorporated by reference and may be amended from time to time. CONSULTANT shall comply with waste reduction, reuse, recycling and disposal requirements of the City's Zero Waste Program. Zero Waste best practices include first minimizing and reducing waste; second, reusing waste and third, recycling or composting waste. In particular, Consultant shaH comply with the. following zero waste requirements: • All printed materials provided by Consultant to City generated from a personal computer and printer including but not limited to, proposals, quotes, invoices, reports, and public education materials, shall be double-sided and printed on a minimum of30% or greater post-consumer content paper, unless otherwise approved by the City's Project Manager. Any submitted materials printed by a professional . printing company shall be a minimum of30% or greater post-consumer material and printed with vegetable based inks. • Goods purchased by Consultant on behalf of the City shall be purchased in accordance with the City's Environmental Purchasing Policy including but not limited to Extended Producer Responsibility requirements for products and packaging. A copy of this policy is on file at the Purchasing Office. • Reusable/returnable pal1ets shall be taken back by the Consultant, at no additional cost to the City , for reuse or recycling. Consultant shall provide documentation from the facility accepting the pallets to verify that pallets are not being disposed. SECTION 24. NON-APPROPRIATION 24.1. This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code. This Agre~ment will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the fol1owing fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and .funds for this Agreement are no longer available. This Section 24.8 shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement. 24.2. 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. SECTION 25. MISCELLANEOUS PROVISIONS. 8 Professional Services Rc,·. January 1 I. 20 JO \ICC-TERRA\iarreol\PURCHOOc\SAP Bids·and Proposals\RFPIRFP136268 Long Range Facilities Plan for the RWQCPIConlracl C1 1 136268 (" AROLLO ENGINEERS.doc CITV OF PALO ALTO CONTRACT NO.: Cl1136268 25 J . This Agreementwi11 be governed by the laws of the State of California. 25.2. 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. 25.3. The prevailing party in any action brought to enforce the provisions of this 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. 25.4. This document represents the entire and integrated agreement between the parties and supersedes a)) 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. 25.5. The covenants, terms, conditions and provisions of this Agreement will apply to, and will bind, the heirs, successors, executors, administrators, assignees, and consultants of the parties. . 25.6. 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. 25.7. All exhibits referred to in this Agreement and any addenda, appendices, attachments, and schedules to this Agreement which, from time to time, may bereferred 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. 24.10 If, pursuant to this contract with CONSULTANT, City shares with CONSULTANT personal information as defined in California Civil Code section 1798.81.5(d) about a California resident ("Personal Information"), CONSULTANT shall maintain reasonable and appropriate security procedures to protect that Personal Information, and shall inform City immediately.upon learning that there has been a breach in the security of the system or in the security of the Personal Information. CONSULTANT shall not use Personal Information for direct marketing purposes without City's express written consent. 24.11 The services to be performed by CONSULTANT are intended solely for the benefit of the CITY. 24.12 An unchecked boxes do not apply to this agreement. 9 Professional Services Re\". January II. 2010 \\CC-TERRA\jarreol\PURCHDOC,SAP Bids and Proposals\RFP\RFPI36268 Long Range Facilities Plan for the RWQCP\Contract C11136268 CAROLLO ENGlNEERS.doc . CITY OF PALO ALTO CONTRACT NO.: CIU36268 IN . wirNEss WHEREOF, the parties hereto have by their duly authoriZed representatives ex~ this Agreen1ent on the date first above written. . CITY OF PALO ALTO· . City Manager (Required for contracts over $85,000) PurchaSing Manager . (Required for contracts over $25,000) . Contracts Administrator (Required for contracts under $25,000) APPROVED AS TO FORM: Sr .. Assistant City Attorney .. AttachInents: CONSULTANT: CAROLLO ENGINEERS, INC. ' .. EXHIBIT ~'A": EXHIBIT ''B'': .. EXHIBIT "C": SCOPE OF SERVICES SCHEDULE OF PERFORMANCE COMPENSATION EXIllBIT "C-l": EXHIBIT "D": . SClIEDULE OF RATES INSURANCE REQUIREMENTS to ProCessiCiDal Services ltev.1amI8Iy 11.2010 \\CC-TERRA\jarreol\PURCHDOC\SAPBids and ProposaIs\RFP\RFP136268 lAmgRangeFaciJities Plan for the RWQCI"IContmct Clll36268 CAROu.o ENGINBBRS.doc Exhibit A PALO ALTO REGIONAL WATER QUALITY CONTROL PLANT LONG RANGE F ACILlTIES PLAN SCOPE OF SERVICES The CitY of Palo Alto is commissioning a Long Range Facilities Plan (LRFP) for facilities at the Palo Alto Regional Water Quality Control Plant (RWQCP) to develop a capital improvements plan (CIP) for improving the reliability and efficiency ofthe RWQCP and to develop astrategy to comply with existing and future regulatory requirements. . Task] -Project Initiation City and consultant staff win jointly hold a kickoff meeting. The consultant will prepare and distribute the kickoff meeting agenda and the meeting minutes. The consultant wi]] review the agenda with the City Project Manager (City PM) no later than one week before the kickoff meeting~ The agenda should include: • Project team/attendee introductions • Project organization and communications • Summary of workplan • Key project issues: e.g. evaluation criteria development, coordination, client decisions, etc. • Consultant's needs for City support, especially near term • Project schedule and key schedule factors. Communicate to the attendees anything the project team needs to know to keep the project moving smoothly. • Discussion to define the level of technical, regulatory and community/ environmental analysis needed to prepare for the public meetings, and to identify the specific efforts; deliverables and materials to be made before the community outreach effort begins. Task 2 -Development of Evaluation Criteria and Methodology The purpose of this task is to develop the evaluation criteria and methodology to be used in selecting, evaluating, comparing and rankingaIternatives and options. The City is responsible for generating the Goals for the LRFP. These goals will incorporate the concerns of the contributing communities. The goals for the LRFP will provide the basis for development of the evaluation criteria. Criteria development will include identification of the specific performance factors (e.g. energy usage, space required, reliability, etc.), foreach criterion, to be used in comparing alternatives. Up to three working sessions/meetings will be held with staff (including Utilities staff) to discuss criteria and evaluation methodologies. Evaluation criteria may include, but is not limited to: • • • • • • Capital, operational, and maintenance cost (inc1,uding life cycle costs) Staffing requirements! costs Redundancy, reliability, longevity Ease of operation and safety Ease of maintenance Modifiable -to increase capacity, link with a process change, etc. Environmental considerations: e.g. release of nitrogen to the bay, etc. City of Palo Alto -Contract C 11136268 1 of 10 Exhibit A • Carbon footprint minimization, especially through in-plant energy use reduction and energy recovery. . • Impacts on adjacent land uses (e.g. visual, odors, height, noise, traffic, etc.) • Treatment capacity and physical size, layout, footprint, and elevation impacts • Performance and usage history • Risk factors (such as regulatory requirements or sea level rise) • Constructability .• Constraints and other factors that are meaningful for distinguishing and comparing alternatives. • . Outside funding as applicable Task 3 -Characterization of Wastewater, Biosolids, and Recycled Water The purpose Of this task is to assemble the data needed for evaluating options and comparing alternative technologies. These data include current and projected quantities. City will provide all relevant data in an organized, usable format (e.g, MS Excel files). 3,} Compile relevant data for the current and projected influent waste streams(with subtotals for each of the Plant Partners, where applicable), including: • Wastewater flow: average, minimum, maximum, dry-weather, wet-weather (typical) • Wastewater constituents/quality: pollutant concentration, loadings • Potential source control impacts • Other waste streams: hauled restaurant grease, scum, septic waste, grit, screenings, sludge. With respect to hauled in restaurarit grease, consultant will utilize two scenarios: 1) current levels, and 2) restaurant grease froni entire servIce area. • These current and future estimates will be provided by City. Community food waste estimates will also be provided by City 3.2 Compile relevant data for current and projected biosolids loadings, including: • Peak day, week, and month gravity thickener inflow solids loading and percent solids. • Peak day, week, and month incinerator inflow solids loading and percent solids. • Peak day, week, and month incinerator ash volume and constituents. • Energy usage -natural and landfill gas, electricity -and greenhouse gas (GHG: CO2, CH4 , N20)emissions data for the incinerator and ancillary solids processes 3.3 Compile data for current and projected recycled water demand and water quality. The City will provide recycled water demand scenarios, including current demand and demand estimates for up to 3 additional scenarios. The consultant will use these demands to evaluate potential recycled water plant capacity requirements. . Upon substantial completion of this task,the consultant will prepare a draft chapter/section of the final report, or tables andlor graphics summarizing current and anticipated flows, loadings, etc. City of Palo Alto -Contract Cl 1 136268 2 of 10 Exhibit A Task 4 -Regulatory, Environmental and Community Constraints The purpose of this task is to identify nontechnical constraints and opportunities and evaluate . their impact, or potential impact, on LRFP options and choices. 4.1 Regulatory Requirements The City sha11 provide a list of potentia} future regulations to be used for development of future regulatory scenarios for evaluating alternatives; The consultant shan use this list to evaluate if the existing facilities can comply with federal, state, regional and . local . regulations, permits or ordinances, which are currently in effect, are in the development stage, or which may reasonably be anticipated, such as air emissions, receiving water discharge and land based requirements. The impact analysis shall include analysis of risk factors that could affect the development of alternatives, such as using what-if scenarios and/or probabilities associated with potential future requirements. The regulatory activity level changes with time and differing political administrations locally and federally; the . consultant shaH help plant staff envision long term possibilities. At this time City staffbelieves future regulatory action is possible for the following: • Water o Nitrogen: ammonia nitrogen and total nitrogen o Emerging Contaminants of Concern: Best Practical Control Technology to minimize o Salinity: IDS and SAR • Air Emissions o MACT Incinerator Standards (including CAA §112 v. §129 issue) o Mercury Incinerator Standards o Greenhouse Gas (GHG) emissions 4.2 Physical and Biological Environment 4.3 The consultant will characterize the environmental setting adjacent to the Plant, including physical and biological factors, and analyze impacts to the LRFP. The Plant is generally situated adjacent to 1) protected wetland and wildlife reserve on the NE side, 2) parkland (closed landfill) and marshland the SE side, 3) commercial buildings on the SW side, and 4) a regional light plane airport to the NW. Regional Opportunities. This task win evaluate regional solutions for biosolids handling and disposal. The consultant will contact and confer with City staff and staffleading other regional biosolids planning efforts including San Jose and Delta Diablo Sanitation District. Up to two conference calls or meetings will be held with potential regional partners. Task 5 -Existing FaCilitv, Equipment and Process Assessment The purpose of this task is to assess future process and equipment needs, and to develop data for comparing existing facilities/equipment with alternative technologies. In this task the consultant will: City of Palo Alto -Contract <::11136268 3 of 10 5.1 5.2 Exhibit A Assess the physical condition and remaining useful life of the existing facilities and equipment. In December of 2006 a comprehensive Facility Condition Assessment (FCA) of the structures and some of the process piping was completed. The FCA evaluated the condition of concrete and metal structures, but not the piping and machinery. It is expected that the condition assessment of existing structures will be limited to updating the information in the 2006 FCA. Identify operating deficiencies and potential modifications or enhancements to optimize the operation of existing facilities/equipment. Operational enhancement could mean adding new equipment, such as adding controls to automate the system. Estimate performance factors (from Task 2) for the optimized processes and equipment for use in . comparing with alternatives by comparing to normal operational ranges and design criteria. This task will consider inputlfeedback·from operations and maintenance staff. 5.3 Estimate the cost to modify or rehabilitate existing facilities, and the operation and maintenance costs. Task 6 -Offsite Pipeline Analyses 6.1 Outfall Capacity Analysis Evaluate the capacity Qfthe existing 54-inch diameter outfall to convey future peak wet­ weather flows up to 80 mgd at an tide levels (current tides). Als() analyze the capacity of the outfall to handle 80 mgd flow under various global warming related sea levellBay level rise scenarios. This outfaU was identified in the 1987 Reliability Evaluation Update as potentially being capacity constrained without the use of a supplemental emergency outfall. City will provide this 1987 study to the consultant. 6.2 Mountain View-Los Altos 72" Interceptor Sewer Consultant will evaluate alternatives for replacement or rehabilitation (w/ sewer bypass) of the existing Mountain View-Los Altos 72" Interceptor Sewer, which is a gasketed reinforced concrete pipe, nearly two miles in length under the Baylands. The pipe was installed in 1972. Peak wet weather flow capacity rights in this trunk sewer are 50 mgd for Mountain View, 12 mgd for Los Altos, 16.866 mgd for Palo Alto~ and 1.134 mgd for Los Altos Hills. EP ASD and Stanford do not discharge into this trunk sewer. Estimate costs in current dollars and distribute to appropriate partner agency. City wiJ] provide relevant as-built drawings and reports including the 2006 CCTV data and report summarizing the findings. . Task 7 -Summary ofReguirements, Needs and Opportunities The consultant will summarize the requirements, needs, and opportunities which have been identified and evaluated in the foregoing tasks. The summary shall state the reason. for each need. The consultant will confer with staff in formulating these requirements, needs and opportunities so as to faCilitate the work of identifying and evaluating alternatives and options. City of Palo Alto -Contract C 11136268 4oflO r , l , ., Exhibit A Task 8 -Identification and Evaluation of Alternatives The pwpose of this task is to brainstorm alternatives, screen the alternatives, and identify the most promising alternatives, which will then be evaluated in detail. Most of the alternatives will be technical in nature, such as incineration alternatives or alternatives to incineration. but some wil1 not be technical; such as where to transport and dispose ofbiosolids residuals. Alternatives should be compared using criteria developed in Task 2. 8.1 Technical Advisory Group: The City will arrange for a Technical AdvisQry Group (TAG) to attend two meetings of about a half day each to offer their knowledge and opinions as to new Of prospective technologies that might be of use to the Plant. The TAG is expected to be comprised of about two local professors or other experts in the field. The meetings will be held at City facilities. The City will organize and make all arrangements for the meetings. The consultant will attend both meetings and prepare the meeting minutes/notes. Consultant will not be expected to prepare PowerPoint presentations. 8.2 The consultant will participate in up to three meetings with City staff and permitting engineers from regulatory agencies, including the Regional Water Quality Control Board, the Bay Area Air Quality ManagementDistrict and as appropriate, other agencies that may have funding opportunities for design and construction, equipment purchase or pilot processes. 8 .. 3 Brainstorm alternatives and options to address the Requirements, Needs and Opportunities summarized in Task 7. A workshop will be held with Plant staff to discuss alternatives and gain input for additional alternatives, including emerging technologies. To plan for regulatory scenarios for potential future regulatory requirements, such as those identified in Task 4.1, it is anticipated that Regulatory Contingency Projects will be identified. 8.4 Perform cursory or high level analyses to determine the most promising options for further evaluation. Prepare a table (matrix) showing all alternatives considered, the tradeoff between alternatives, and, if applicable, the reason screened out. The table will be used for presentation at outreach meetings and will be included in the fmal report. Provide written documentation to support the decisions to keep or reject alternatives. Meet with Plant staff to confirm alternatives to be selected for detailed evaluation. 8.5 Evaluate in detail the most promising alternatives. As a guideline, up to three combination alternatives will be evaluated and compared. The detailed evaluations will . include analysis of "contingency" processes/technologies such that plausible alternative scenarios/conditions (e.g. a new regulation) that could have substantial impact on the long range plan are also evaluated. The evaluations will include budgetary levellifecycle costing of capital costs, operating costs (e.g., energy, etc.), maintenance costs and periodic costs for major rehabilitations andlor replacements. 8.6 A summary matrix of the alternatives evaluation will be prepared including comparisons based on evaluation criteria and pros and cons of alternatives. 8.7 The consultant will evaluate the best options using a sensitivity analysis for energy costs, labor costs, hauling costs, chemical costs, and other relevant factors. The City shall provide data on operating costs for the existing facilities, and anticipated future changes. The sensitivity analysis will be used to clarify the risk embedded in choosing a particular City of Palo Alto -Contract Cll136268 5 of 10 Exhibit A option with future uncertainties. The consultant wil1 identify the option least sensitive to future uncertainties. Task 9 -Preliminary Recommendations for Improvements The purpose of this task is to coordinate and meet with City staff to select and rank (from a project staff perspective) the alternatives to be presented in the Stakeholder/Community Outreach general meetings. Task 10-Stakeholder/Community Outreach Support The purpose of this task is for the consultant to provide technical support to the Stakeholder/Community Outreach effort. City staff shall be responsible for organizing .and conducting the community meetings. The consultant will attend the meetings to support City staff on technical, regulatory or community/environmental matters. The consultant's primary involvement in the Stakeholder/Community Outreach effort will be to 1) perform technical, . regulatory and community/environmental analyses to prepare for the Stakeholder/Community Outreach effort; 2) prepare slides, handouts and/or other materials for the community meetings, and 3) during the outreach process, perform additional technical, regulatory and/or community/environmental analyses to support the ongoing community meetings. 10.1 I Preparation for the Stakeholder/Community Outreach Meetings (community meetings) 10.1, I Review with City staff the schedule and format of the community meetings, and to determine the scope of the consultant's efforts, including the materials that the . consultant will prepare for the meetings. 10.1.2 Prepare slides, handouts, poster boards, etc. for the community meetings. 10.2 Attend up to six community meetings and support staff in presenting the more technical information, and otherwise lending consultant's expertise to the presentations and the answering of questions. 10.3 With City Staff input, prepare meeting minutes which detail the staff presentations, expressions of concerns, issues and opportunities by the community, action items and . follow-up business, and of any additional alternatives discussed, even if they are judged unfeasible or unrealistic. Consultant will include the meeting minutes in the Final Report. 10.4 Perform research, evaluations and/or preparation of materials as needed to support the outreach process during the period of ongoing community meetings, including between meeting fol1ow-up activities. . 10.5 Assist City staff in developing and maintaining a project website. City staff will take the lead in developing and maintaining the website, with the consultant's effort· expected to be limited to preparing text and graphics of a more technical nature for uploading to the website. The website will be active the duration of the project. . ] 0.6 Assist City staff in giving updates of the LRFP/community outreach process to City Council. This effort will include involvement in preparing presentation materials, including aerial photos, and/or reports. Staff expects togo before the Council up to two times: once during the community outreach phase and the other at the end of the LRFP project. ] 0.7 Summarize the community outreach process and results in a technical memorandum and/or a draft chapter for the Final Report. City of Palo Alto -Contract Cl]136268 6 of 10 Exhibit A Task II -LRFP Report The LRFP will encompass a 50 year time period ending in the year 2062. The LRFP Report (report) will have text and graphics covering all the elements of this study, generally including the following elements: • . Executive S1Jl11J1lary • Summary of the LRFP planning process in general (including evaluation criteria and methods) • The existing plant: 0. Characterization of waste streams 0. Existing plant assessment and deficiencies • Environmental setting and land uses • Regulatory, Environmental, Financial, and Community Opportunities and Challenges • . Present and future requirements, needs and opportunities • Selection of most promising alternatives • Detailed evaluation of alternatives • Stakeholder/Community Outreach process and results • Graphics, as a minimum 0. All graphics will be adaptable to use in PowerPoint presentations by City staff 0. Aerial photograph showing partner agency boundaries and percentage contributions . 0. Bird's eye aerial photograph and all plant neighbors showing accurate land use and the context of the plant setting 0. Bird's eye aerial photograph of the plant site showing boundaries as wen as existirig pretreatment, primary, secondary, tertiary, recycled water, administrative, and biosolids treatment facilities 0. Aerial side view of plant with callouts for pretreatment, primary, secondary, tertiary, recycled water, administrative, and biosolids treatment facilities 0. Schematic graphic showing plant process and disposal options .0 Plan view of the plant showing the recommended alternatives/projects 0. Plan view of the plant showing the phasing of recommended projects. Include any land purchase requirements. • The results ofthe study: 0. Descriptions (text and graphics) of pre ferre dire commended alternatives/projects for future CIPs, including hfe cycle costs, additional utilities or resources/staffing needs, pre-construction and construction requirements (including maintaining existing processes during construction), construction activities, and the like. 0. Spatial requirements for new facilities, including proposed location and need for purchase of new land. 0. Proposed phasing of projects based on a priority system and financing concerns. Prepare a Gantt chart(s) for project staging, with linkages between projects and a critical path where appropriate. City of Palo Alto -Contract C11136268 7 of 10 • Exhibit A o Recommended CIP projects for the near term, midterm, and long term; and activities necessary to implement the projects (such as facilities plans, preliminary and final design, etc.) o Recommended timeline for final decision making and program development for Biosolids, showing remaining useful life of current incinerators. Timeline will show linkages and critical path. o Recommended Regulatory Contingency Projects that may be needed, should the corresponding regulatory requirement be enacted. o Results of the pipeline analyses and description of what the analysis included. A financial plan to include: o Summary of proposed phasing of facility. improvements o As applicable the timing and cost of purchasing new land for expansion o A forecast of costs to construct preferred faciljty improvements, including decommissioning and demolition o A review of grant or loan funding opportunities for recommended capital projects for improvement of facilities, with an analysis of restrictions, requirements and/or availability of funds. o A forecast of operating and maintenance costs for the wastewater and reclaimed water treatment facilities, including new facilities and existing facilities o A forecast of anticipated revenue from the sale of reclaimed water, energy andlor solids o A plan· for financing the capita) and net operating costs o Forecast of capital costs to each of the partners (permanent capacity rights) o Forecast of operating costs to each of the partners (annual flow and strength share) o Forecast of impact to ratepayer rates Provide 10 copies of a draft report for staff review and comment and 15 copies of the final report. An electronic copy in original format(Word, AutoCAD, etc.) and in PDF format will also be provided for the draft and final report. Task 12 -Project Management 12.1 Project Schedule: Prepare a baseline project schedule with milestones, and update regularly, including identification of critical. paths. 12.2 Project Progress Meetings: Biweekly progress conference calls will be held with the RWQCP staff. In addition, twelve (12) progress meetings will be held at the RWQCP. The meetings will generally be as follows. • About three days prior to the meeting,the consultant will contact the City project manager (City PM) to discuss the agenda for the upcoming meeting, and shall City of Palo Alto -Contract Cll136268 8oflO 1 - 12.3 Exhibit A notify the PM ifadditional City staff should attend. The consultant wiJ) prepare the agenda and distribute it via email two working days before the meeting. • The consultant will lead the meetings. • The consultant will prepare the meeting minutes in a format acceptable to the City and distribute them via email. • The fixed agenda items will be: .. 0 Review the meeting agenda and ask if there are any changes. o Follow-up with old business o ~ewitems o . Review progress to schedule and budget o Open discussion o Review of action items and close Invoices Invoices will be submitted monthly. Submit a draft of invoice format for City review prior to submitting the first invoice. The invoice will itemize, by task, a) the person and/or staff job classification, b) hourly rate, c) subconsultant fees, d) reimbursable costs (itemized by type), and e) consultant's markup. The invoice package will contain the following: • Subconsultant and/or materials invoices, and any other backup which clarifies charges. . • Monthly Progress Report: Brief descriptions of work performed and milestones accomplished, organized by task. . Task 13 -Electronic Model ofRWOCP The consultant will construct an electronic 3D model of the existing and recommended future plant, its landscaping, roads, and so forth for planning and rapid prototyping of potential ideas during meetings, as an aid for community presentations. Task 14 -hlcinerator Seismic Stability Analysis Consultant will perform a seismic reliability analysis of the plant's existing sewage sludge incinerators in the event of a major earthquake. The incinerators are constructed of refractory bricks arranged to form hearths and walls, surrounded by a steel shell. It is unknown how the .incinerators would perform in an earthquake as large as or larger than the 1989 Lorna Prieta Earthquake. Task 15 -Scope of Work for CEOA Environmental Review It is anticipated that a CEQA analysis will be prepared in conjunction with the LRFP. The CEQA analysis would be done via contract amendment, or as a separate project, and is expected to start before the LRFP project is finished. The consultant will prepare the Scope of Work for the CEQA review. The consultant will work with plant staff to coordinate with the City Planning Department and the City Attorney's Office to determine the level of CEQA review required (~D, MND, EIR) and the planned/recommended facilities to be included in the CEQA review. The finished Scope of Work will be in a form.such that it can be directly included in a Request for Proposals, describing in detail a11 the work involved in preparing the CEQA document and City of Palo Alto -Contract C) 1 ) 36268 90f1O Exhibit A the deJiverables required. The scope wi1l be in a WBS task format and will include a timeline for the project and an estimated cost to complete. Up to two meetings or conference calls may be held with City staff, City attorneys and City planners. Final Scope of Work will be provided in electronic form (Word file) and 5 hard copies. Task) 6 -Coordination with Dry Digestion Feasibility Study. Palo Alto City Council has directed staff to prepare a Feasibility Study for the dry anaerobic digestion/energy generation project. The consultant will work with the Feasibility Study consultant, as well as with City staff from the RWQCP and other City divisions to provide an exchange of information between the two projects. Up to three meetings or conference calls may be held with feasibility study consultant's staff and City staff to coordinate the evaluations. ADDITIONAL SERVICES . . The City may elect to have the consultant perfonn any or all of the following additional services, or other unforeseen tasks that may arise during the project. The scope and budget for any additional services would be agreed upon prior to starting work The consultant shall perform these services only if pre-authorized in writing by the City Project Manager. ) . Additional meetings (community meetings or working meetings), graphics, hard copies of deliverables, or other miscellaneous unforeseen expenses. . 2. Salt Marsh Conversion The plant's effiuent has converted about 14 acres of salt marsh habitat to brackish marsh habitat. Should the city extend the outfall directly to the San Francisco Bay beyond the levees of the unnamed slough in the marshland, the consultant shan prepare a conceptual design and estimate of design and construction cost for extension of the outfall beyond the salt marsh and brackish marsh habitat. 3. Architectural Evaluation and TM 4. A Technical Memorandum can be prepared by consultant describing code, occupancy, zoning and site related issues. TM will include; site planning alternatives explored, ideas to screen or enhance plant features to gain public acceptance, alternatives presented for non-process buildings, coordination with landscape architectural issues and requirements for meeting LEED for new andl or renovated non-process buildings. Order of magnitude cost opinions related to the architecture non-:-process facilities will be prepared. Consultant wiJ] provide Preliminary Cost information fOT meeting LEED requirements in new and renovated non-process structures. . Additional Technical Analysis Supporting Development of a Separate Feasibility Study of Dry Anaerobic Digestion andlor EnergyRecovery The scope of this task is for the consultant to provide additional technIcal support for the Dry Anaerobic Digestion Feasibility Study which is beyond the scope of Basic Services Task 16 above. An example of additional technical support would be estimating the amount of methane generated by digesting a mixture of biosolids, green waste (yard waste) and food waste in a single anaerobic reactor. City of Palo Alto -Contract C11136268 10 of 10 CITY OF PALO ALTO CONTRACT NO.: Cl 1 136268 EXHIBIT "'B" SCHEDULE OF PERFORMANCE CONSULTANT shall perfonn the Services so as to complete each milestone within the number of weeks 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 of the notice to proceed. Milestones ] . Kickoff meeting: 2. Outreach phase begins: 3. Outreach completed: 4. Project completed*: *Project completion estimated summer of 20] 2 Completion No. of Weeks fromNTP 5 26 78 104 Professional Services Rev. January 11,2010 \\CC· TERRA \jarreoIIPURCHDOC\SAP Bids and Proposals\RFP\RFPI36268 Long Range Facilities Plan for the RWQCP\Contracl ('11136268 (' AROLLO ENGlNEERS.doc CITY OF PALO ALTO CONTRACT NO.: Cll136268 EXIDBIT"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 hQurly mte schedule attached as exhibit C-l up to the not to exceed budget amount for each task set forth be]ow. The compensation to be paid to CONSULT ANT under this Agreement for all services described in Exhibit "A" ("Basic Services") and reimbursable expenses shall not exceed $892,0()0.00. CONSULT ANT agrees to complete all Basic Services, including reimbursable . expenses, within this amount. In the event CITY authorizes any Additional Services, the maximum compensation shaH not exceed $981,266.00. Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of . compensation set forth herein shan be at no cost to the CITY. CONSULT ANT 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 $892,060.00 and the tota] compensation for Additional Services does not exceed $89,206.00. BUDGET SCHEDULE NOT TO EXCEED AMOUNT Task 1 $8,810 (Project Initiation) . Task 2 $37,002 (Evaluation Criteria and Methodology) Task 3 $61,708 (Chamcterization of Wastewater, Biosolids and Recycled Water) Task 4 $56,874 (Regulatory, Environmental and Community Constraints) Task 5 $67,238 (Existing Facility Assessment) Task 6 $33,412· (Off site Pipeline Analyses) Task 7 $25,945 (Summary of Needs and Opportunities) Task 8 $150,222 Professional Services Rev. January II, 2010 \\CC -TERRA \jarreoIlPURCHDOC\SAP Bids and Proposals\RFP\RFPI36268 Long Range Facilities Plan for the RWQCPIContract C 11136268 CAROLLO ENGINEERS.doc CITY OF PALO ALTO CONTRACT NO.: Cll136268 (ID and Evaluate Alternatives) Task 9 (Prelim.inary Recommendations) Task 10 (Stakeholder/Community Outreach) Task 11 (LRFP Report) Task 12 (Project Management) Task 13 (Electronic 3D Model) Task 14 (Incinerator Seismic Stability) Task 15 (CEQA Scope) Task 16 (Support Anaerobic Digestion Feasibility Study) Sub-total Basic Services Reimbursable Expenses $36,772 $100,926 $97,856 $89,912 $20,684 $21,740 $15,280 $15,268 $839,649 $52,411 Total Basic Services and Reimbursable expenses $892,060 Additional Services (Not to Exceed) $89,206 Maximum Total Compensation $981,266 REIMBURSABLE EXPENSES The administrative, overhead, secretarial time or secretarial overtime, word processing, photocopying, in-house printing, insurance and other ordinary business expenses are included within the scope of payment for services and are not reimbursable. expenses. CITY sha11 reimburse CONSULTANT for the following reimbursable expenses at cost. Expenses for which CONSULTANT shall be reimbursed are: 2 Professional Services Rev. January 11,2010 \\CC-TERRA \iarreol\PURCHDOc\SAP Bids and Proposa!s\RFP\RFPI36268 Long Range Fao:ilities Plan for the RWQCP\Contrao:t C 11136268 CAROLLO ENGINEERS,doc . CITY OF PALO ALTO CONTRACT NO.: C11136268 A. Third party reproduction services, travel for site visits and meetings, including transportation and meals, will be reimbursed at actual cost subject to the City ofPalo Alto's policy for reimbursement of travel and meal expenses for City of Palo Alto employees. B. Project Equipment Communication Expense (PECE) per direct labor hour. PECE shall include items such as computer, long distance telephone cellular phone, facsimile transmission, filming, video, photographs, and postage charges. All requests for payment of expenses shall be accompanied by appropriate backup information. Any expense ailticipated to be more than $} ,000.00 shall be approved in advance by the CITY's project manager. ADDITIONAL SERVICES The CONSULT ANT. shall provide additional services only by advanced, written authorization from the CITY. The CONSUL T ANT, 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-l. The additional services· scope, schedule and maximum compensation shall be negotiated and agreed to in writing by the CITY's project manager and CONSULTANT prior to commencement of the services. Payment for additional services is subject to all requireinents and restrictions in this Agreement Work required because the following conditions are not satisfied or are exceeded shall be considered as additional services: ]. Additional meetings (community meetings or working meetings), graphics, hard copies of deliverables, or other miscellaneous unforeseen expenses. 2. Salt Marsh Conversion The plant's effluent has converted about ] 4 acres of salt marsh habitat to brackish marsh habitat. Should the city extend the outfall directly to the San Francisco Bay beyond the levees of the unnamed slough in the marshland, the consultant shall prepare a conceptual design and estimate of design and construction cost for extension of the outfall beyond the salt marsh and brackish marsh habitat 3. Architectural Evaluation and TM A Technical Memorandum can be prepared by consultant describing code, occupancy, zoning and site related issues. TM will include; site planning alternatives explored, ideas to screen or enhance plant features to gain public acceptance, alternatives presented for non-process buildings, coordination with landscape architectural issues and requirements for meeting LEED for new and/or renovated non-process buildings. Order of magnitude cost opinions related to the architecture non-process facilities will be prepared. Consultant will provide Preliminary Cost information for meeting LEED requirements in new and 3 Professional Services Rev. January 11.2010 \\CC-TERRA \jalTeo\\PURCHDOC\SAP Bids and ProposalsiRFP\RFPI ::16268 Long Range Facilities Plan for the RWQCP\(:ontract C 11136268 CAROLLO ENGINEERS. doc i t CITY OF P l\LO ALTO CONTRACT NO.: C] 1136268 renovated non-process structures. 4. Additionai Technical Analysis Supporting Development of a Separate Feasibility Study of Dry Anaerobic Digestion and/or Energy Recovery The scope of this task is for the consultant to provide additional technical support for the Dry Anaerobic Digestion Feasibility Study which is beyond the scope of Basic Seryic;es Task 16 above. An example of additional technical support would be estimating.the amount of methane generated by digesting a mixture of biosolids, green waste (yard waste) and food waste in a single anaerobic reactor. 4 Professional Services Rev. January I I. 2010 '.\CC-TERRA ljarreollJ'URCHDOnSAP Bids and Proposals\RFP\RFPI36268 Long Range·F acilities Plan for tbe RWQCP\Contract CI ) 136268 CAROLLO ENGINEERS.doc CITY OF PALO ALTO CONTRACT NO.:Cll136268 EXHIBIT "C-l" HOURLY RATE SCHEDULE POSITION Senior Professional Lead Project Professional Project Professional Professional Technician Word Processing/Clerical HOURLY RATE $234 $213 $197 $165 $137 $90 Professional Services Rev. Janual)' 11,2010 \\CC -TERRA \iarreol\PURCHDOC\SAP Bids and Proposals\RFP\RFPI36268 Long Range Facilities Plan for the RWQCP\Contract C 11136268 CAROLLO ENGINEERS.doc - CITYOF PALO ALTO CONTRACT NO.: Cl1136268 EXHIBIT"D" INSURANCE REQUIREMENTS CONTRACTORS TO THE CITY OF PALO ALTO (C'ITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AJ-"FORDEDBY COMPANIES \1\-lTD AM BEST'S KEY RATING OF A-:VIJ,OR IDGHER, LJCENSED ORA'£1THORIZED TOTRA.~SACT INSlJRANCEBUSINESS IN THE STATE OF CALJFORNIA. AWARD IS CONTINGENT ON COMPLIANCE WITH CITY'S INSURANCE REQUIREMENTS AS SPECIFIED BELOW' , , MINIMUM LIMITS REQUIRED TYPE OF COVERAGE REQUIREMENT EACH YES YES YES YES YES YES OCCURRENCE AGGREGATE WORKER'S COMPENSATION STATUTORY EMPLOYER'S LIABILITY STATUTORY BODILY INJURY $],000,000 $],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 $],000,000 $],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 NEGUGENt PERFORMANCE ALL DAMAGES $1,000,000 THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSlTRED: CONTRACTOR, AT ITS SOLE COST AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT. THE ENTIRE TERM OF Al\i-Y RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED,INSURING NOTONL Y CONTRACTOR AND ITS SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS' COMPENSATION. EMPLOYER'S LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSllREDS CITY, ITS COlJNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES. I. INSURANCE COVERAGE MUST INCLUDE: A. A PROVISION FOR A WRITTEN 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 CERTIFICATES(S) OF·INSURANCE EVIDENCING REQUIRED COVERAGE. III. ENDORSE~T PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO "ADDlTlONAL INSUREDS" A. PRIMARY COVERAGE WlTH 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 INSURANCE CARRIED BY OR FOR TIIT BENEFIT OF THE ADDITIONAL INSUREDS . . B. CROSS LIABILITY Professional Sen'ices Rev. January II. 2010 \iCCcTERRA\jarreol\PURCHDOC\SAP Bids and Proposals\RFP\RFPI36268 Long Range Facilities Plan for the RWQCP\ConlTact ("11136268 CAROLLO ENGINEERS.doc CITY OF PALO ALTO CONTRACT NO.: Cl 1 136268 THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREPS UNDER THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXT1NGUISH ANY RlGHTS OF THE INSURED AGAINST ANOTHER, BUT nns ENDORSEMENT, AND THE NAM1NG OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY. C. NOTICE OF CANCELLATION ). IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTIlER 1HAN THE NON-PAYMENT OF PREMIUM, HIE 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-PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. NOTICES SIlALL BE MAILED TO: PURCHASING AND CONTRACT ADMINISTRATION CITY OF PALO ALTO P.O. BOX 10250 PALOALTO,CA 94303 2 Professional Setvices Rev. January 11,2010 \\ce-TERRA\jaqeolIPURCHDOC\SAP Bids and Proposals\RFP\RFPI36268 Long. Range Facilities Plan for the RWQCP\Contract ('I) 136268 CAROLLO ENGINEERS.doc t- 1 1 ATTACHMENT B ORDINANCE NO. ORDINANCE OF T~E COUNCIL OF THE CITY OF PALO ALTO AMENDING THE BUDGET FOR THE FISCAL YEAR 2011 TO PROVIDE AN ADDITIONAL APPROPRIATION OF $481,266 TO CAPITAL IMPROVEMENT PROGRAM (CIP) PROJECT WQ-10001, PLANT MASTER PLAN The Council of the City of Palo Alto does ordain as follows: SECTION 1. The Council of the City of Palo Alto finds and qetermines as follows: A. Pursuant to the provisions of Section 12 of Article III of the Charter of the City of Palo Alto, the Council on June 28, 2010 did adopt a budget for fiscal year 2011; and B. In fiscal year 2010, the City Council appropriated $500,000 for CIP Project WQ-10001(Project) to cover the costs of a study of the existing water treatment facilities. The study will include capital replacement needs, regulatory compliance, land­ use, economic and environmental issues; and C. This project was put out to bid; the low bid is higher than the amount appropriated, and an additional funding of $481,266 is needed to award the bid of the Project; and D. Instead of drawing from the Waste Water Treatment Fund Rate Stabilization Reserve (RSR) to fund the additional amount needed, additional appropriation of $481,266 will be funded by a transfer from CIP Project WQ-04010 Replace Existing Reclaimed Water Pipe Project. The Reclaimed Water Pipe Project has been completed and has remaining appropriations that were not yet returned to the RSR; and E. City Council authorization is needed to amend the 2011 budget to make available the funds needed for CIP Project WQ- 10001, Plant Master Plan. SECTION 2. The appropriation for CIP Project WQ-04010, Replace Existing Reclaimed Water Pipe is hereby reduced by Four Hundred Eighty One Thousand Two Hundred Sixty Six Dollars ($481,266). SECTION 3. The sum of Four Hundred Eighty One Thousand Two Hundred Sixty Six Dollars ($481,266) is hereby appropriated to CIP Project WQ-10001, Plant Master Plan. SECTION 4. The transactions above will have no impact on the Wastewater Treatment Fund Rate Stabilization Reserve. SECTION 5. ~s specified in Section 2.28.080(a) of the Palo Alto Municipal Code, a two-thirds vote of the City Council is required to adopt this ordinance. SECTION 6. As provided in Section 2.04.330 of the Palo Alto Municipal Code, this ordinance shall become effective upon adoption. SECTION 7. The Council of the City of Palo Alto hereby finds that this project is a planning and feasibility study and is therefore, statutorily exempt from California Environmental Quality Act. INTRODUCED AND PASSED: AYES: NOES: ABSTENTIONS: ABSENT: ATTEST: City Clerk APPROVED AS TO FORM: Senior Asst. City Attorney APPROVED: Mayor City Manager Director of Public Works Director of Administrative Services