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HomeMy WebLinkAbout2004-08-02 City Council (7)City of Palo Alto City Manager’s Report TO:HONORABLE CITY COUNCIL FROM:CITY MANAGER DEPARTMENT: PUBLIC WORKS DATE: SUBJECT: AUGUST 2, 2004 CMR:376:04 APPROVAL OF AMENDMENT NO: ONE TO CONTRACT NO. C3148873 WITH SCS FIELD SERVICES IN THE AMOUNT OF $21,054 PER YEAR FOR SERVICES ASSOCIATED WITH NEW REGULATORY REQUIREMENTS FOR LANDFILL FLARE STACK TESTING AND TITLE V MONITORING AND CERTIFICATION REPORTS RECOMMENDATION Staff recommends that Council: Approve and authorize the Mayor or his designee to execute Amendment No. 1 to Contract C3148873 (Attachment A) with SCS Field Services (SCS) expanding the scope of work to cover new regulatory requirements and increasing maximum compensation by an amount of $21,054 for a total contract amount not to exceed $110,178. Authorize the City Manager or his designee to negotiate and execute one or more change orders to the contract with SCS for related, additional but unforeseen work which may develop during the project, the total value of which shall not exceed $11,018. o Authorize the City Manager or his designee to. exercise the option to renew the agreement for the third and final year (beginning March, 2005) provided that: 1) the proposed cost of the renewal agreement does not exceed $110,178 plus the Consumer Price Index for all urban consumers (San Francisco - Oakland- San Jose, CA); 2) the contractor is responsive to the City’s needs; 3) the quality of the contractor’s work is acceptable during the second year of the agreement and/or 4) any other conditions which will determine the City’s willingness to renew the agreement. BACKGROUND In March 2003, Council approved a three-year service agreement with SCS to provide routine and non-routine landfill gas and leachate system maintenance and monitoring. A selection advisory committee of four Public Works Operations staff selected SCS from three CMR:376:04 Page 1 of 3 experienced proposers based on SCS’s: 1) experience and expertise of key staff; 2) understanding and teclmical approach to the work; and 3) the fee relative to the services to be provided. The first year’s contract price for basic services was $89,124. In December 2003, the City received a Title V Air Permit for the landfill from the Bay Area Air Quality Management District. As part of the l~ew Title V permit as well as new regulatory requirements, SCS.proposed that the City add $3,704 per year to fund more experienced senior technician hours in place of technician hours to perform the work due to new regulatory requirements. Specifically, the major new compliance tasks include: 1) annual flare emissions testing!reporting ($4,850 per year); and 2) Title V/Rule 8/34 monitoring and certification reports ($12,500 per year). These new tasks were not included in the original agreement scope of work. DISCUSSION The additional tasks (almual flare emissions testing/reporting and Title V/ Rule 8/34 monitoring and certification reports) should be completed by the City’s gas contractor SCS because these reports contail~ information, data and activity descriptions collected and conducted by SCS during the year. SCS should also coordinate with the flare emission tester because SCS °~tunes" the wellfield extracting the methane gas at various rates (based on wellfield concentrations) in order to attain the optimum temperature for testing.. SCS has maintained contract unit prices from the first year of the a~eement. RESOURCE IMPACT Funding for this contract is avaiiable in the FY 2004-05 budget. POLICY IMPLICATIONS This project does not represent any change to existing City policies. ENVIRONMENTAL REVIEW This project is exempt for the California Environmental Quality Act (CEQA). ATTACHMENTS Attachment A: Contract PREPARED BY: DEPARTMENT HEAD: Environmental Specialist GLENN S. ROBERTS Director of PuNic Works CMR:376:04 Page 2 of 3 CITY MANAGER APPROVAL: Assistant City Manager CMR:376:04 Page 3 of 3 ATTACHMENT A AMENDIVlENT NO. ONE TO CONTRACT NO. C3148873 FOR LAiq-DFILL ENVIRONM/~NTAL CONTROL SYSTEMS MAINTENANCE SERVICES BETWEEN THE CITY OF PALO ALTO ~D STEA-R!qS, CONRAD AIqD SCHI~!DT CONSULTING ENGINEERSr !NCor dba SCS FIELD SERVICES This Amendment No.One ~o Contract No. C3148873 ("Contract") is entered into , by and between the CITY OF PALO ALTO, a chartered city and a municlpal corporation of the State of California ("CITY"), and CONRAD and SCHHIDT CONSULTING ENGINEERS, INC. ~ba SCS FIELD SERVICES, a Virginia corporation, located at 4707 Greenleaf Circle, Suite F, Hodesto, California 95356 ("CONTRACTOR"). RECITALS: WHEREAS, the Contract was entered into between the parties for the provlsion of landfill environmental control systems maintenance services ("Services"); and WHEREAS, the parties wish to amend the Contract no extend the term of the contract, to amend the Scope of Work to add additiona! tasks for the new term due to new regulatory requ±rements for the gas system, and to increase the dollar amount of the Contract. NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Amendment, the parties agree: SECTION i.Section i amended ~o read as fol!ows: entitled ~Term" is hereby "i~I This Contract will commence on the date of i~s execution by CITY and will expire two (2) years from the date of execution, unless this Contract is earlier ~erminated by CiTY or extended as provided in this Section i. Upon the rece~p~ of CITY’s notice to proceed, CONTRACTOR will commence work. Time is of the essence of this Con~racz.The term may be extended for an additmonai one (i; year nerm, subject to: i.i.i City of Palo Alto City Council’s annual approval of each year’s budget and appropriation of funds for this Contracz; 1.1.2 The CONTRACTOR’S compliance with the terms of this Contract; 1 1.1.3 A mutua! agreement to amend this Contract (subject to approval by the City Council or the City Manager, as applicable) to continue the Contract term with: a. Negotiations as to contract [erms, compensation and scope of services, beginning 60 days prior to each 12 months’ anniversary date; b. Completion of a mutual agreement to extend the Contract 30 days prior to the renewal period; c. Satisfactory compliance with and extension by the CONTRACTOR of .the established certificates of insurance, licensing, permits, and other requirement of the Scope of Services. 1.1.4 The City Manager may approve any agreement to extend the Contract term so long as the maximum compensation for Basic Services and Additional Services do not exceed the amounts authorized in section 4 below. The obligation of CONTRACTOR to perform the Services will commence in accordan.ce with the time schedules and hour @aantities set forth in Exhibits "A", "A-I~, "B" and "E- l". Time is of the essence of this Contract. In the event that the Services .are not completed within the specified, time schedule on account of CONTRACTOR’s default, CITY’s city manager will have the option of extending the time schedule for any meriod of time. This provision will not preclude the recovery of damages for delay caused by CONTRACTOR." SECTION 2. Section 4 " entitled hereby amended to’read as follows: "Compensation" is "4.1 CiTY will compensate CONTP~CTOR for the following services and work: %.i.i In consideration of the full performance of the Basic Services, including any authoriz.ed reimbursable expenses, CITY will pay CONTRACTOR a fee not to exceed Eighty-Nine Thousand One Hundred Twenty-Four Dollars ($89,124.00) for the first year (2003-04) and not to exceed One Hundred Ten Thousand One. Hundred Seventy Eight Dollars ($110,178) for th÷ second year (04-05). The amount of.compensation will be calculated in accordance with the hourly rate schedule set forth in Exhibits and "B-I", on a time and materials, basis, up to ~he maximum amount set forth in this Section. The fees of the subcontractors who have direct contractual relationships with CONTR~CTOR, will be approved, in advance, by CITY. CITY reserves the right to refuse payment of such fees, if such prior approval is not obtained by CONTRACTOR. 4 .... CONTRACTORS compensation for any Additiona! Services, shall nor exceed Eight Thousand Nine Hundred Dollars ($8,900.00) for the first year (03-04) and shal! noz exceed Eleven Thousand Seventeen Dollars ($11,017) for the second year (04-05) unless such amounts are increased by amendment ro this Agreement. The City’s project manager shall nor authorize and CONT~hCTOR shal! nor perform any AdditioNal Servlces that would result in a cosz exceeding the amounzs set forth above. Prior to conmencing any Additional Services, CITY, through the Proiecz Manager, and CONTR~.CTOR shall agree in writing upon the scope of work, schedule and maximum compensation for such servlces. Such compensation shal! be based on the razes set forth in Exhibits "B" and "B-I". In no event shall CONTRACTOR design work or change order preparation which is necessary because of CONTRACTOR’s errors or oversights be authorized or paid for as an Additional Service. The raze schedules may be updated by CONTRACTOR only once each calendar year, and the sate schedules will not become effective for purposes of this Contract, unless and until CONTRACTOR glves CITY thirty (30) d~ys’ prior written notice of the effective date of’ any revised ra~e schedule. 4.1.3 If this contract is extended by the parties pursuant to Section i, the amount of compensation paid to CONTRACTOR shall not exceed the total contract amount for the prior year (04-05) plus the change in Consumer Price Index for all urban consumers (San Francisco-0akland-San Jose, CA). 4.1.4 The full payment of charges for extra work or changes, or both, in the execution of the Project will be made, provided such request for payment is initiated by CONTRACTOR and authorized, in writing, by the project manager. Payment will be made within thirty (30) days of submission by CONT~hCTOR of a statement, in trip!icate~ of itemized costs covering such work or changes, or both. Prior to commencing such extra work or changes, or both, the parties will agree upon an estimated maximum cost for such extra work or changes. CONTRACTOR will not be paidfor extra work or changes, including,, without limitation, any design work or change order preparation, which is made necessary on account of CONTRACTOR’s errors, omissions, or oversights. 4.1.5 Direct personnel e~<pense of employees assigned to the execution of the Project by CONTRACTOR will include only the work of architects, engineers, designers, job captains, surveyors, draftspersons, specification writers and typists, in consultation, research and design, work in producing drawings, specifications and other documents pertaining to the Project, and in services rendered during construction at the site, to the~ extent such services are expressly contemplated under this Contract. Included in the cost of direct personne! expense of these employees are salaries and mandatory and customary benefits such as statutory employee benefits, insurance, .sick leave, holidays and vacations, pensions and similar benefits. 4.2 .The schedule of payments will be made as fol!ows: 4.2.1 Pa~ent of the Basic Services will be made in monthly progress pa]~Lents in proportion to the quantum o.f services performed, or in accordance with any other schedule of payment mutually agreed upon by the parties, as set forth in Exhibits "B~ and "B-IH, or within thirty (30) days of submission, in triplicate, of such requests if a schedule of payment is not specified. Final paym~ent will be made by CITY after CONTRACTOR has submitted all Deliverables, including, without limitation, reports which have been approved.by the project manager. 4.2.2 Payment of the Additional Services will be made in monthly progress payments for services rendered, within thirty (30) days of submission, in triplicate, of such requests. 4.2.3 No deductions will be made from CONTRACTOR’s compensation on account of penalties, liquidated damages, or other sums withheld by C!TY from payments to general contractors.~ SECTION 3.The following Exhibits to the Contract is hereby added to read as set forth in the attachment to this 9snendm~ent, which is incorporated in full by this reference: a. Exhibit "A-l": b. Exhibit "B-I": Supplementary Scope of Work 2004-05 Fee Schedule SECTION 4. Except as herein modified, all other provisions of the Contract, including any exhibits and subsequent amen~ents thereto, shal! remain in full force and effect. IN WITNESS WHEREOF, the parties have by their duly authorized representatives executed this Amendmen~ on the date firsn above wr±tten. ATTEST:CITY OF PALO ALTO Ciny Clerk Mayor APPROVED AS TO Senior Asst. Ciny Attorney STEARNS, CONRAD and SCHMIDT CONSULTING ENGINEERS, INC. dba SCS FIELD SERVICES APPROVED: Assistanz City Manager Director of Administrative Services Director of Public Works By: Name: Galen S. Petoyan Title: Sr. Vice President Name :Thomaa A. Shuput Vice PresidentTitle: Risk Manager Taxpayer Identification No. 54-0913440 Attachments: {Compliance with Corp. Code § 313 is required if the entity on whose behalf this conzract is signed is a corporation. In the alternative, a certified corporane resolution attesting to the signatory authority of the individuals slgnlng in their respective capacities Is acceptable) Exhibit "A-I~: Supplementary Scope of Work Exhibit "B-I": 2004-05 Fee Schedule CERTIFICATE OF AC~LNOWLEDGMENT (Civi! Code§ 1189) STAT~ OF California COUNTY OF Los Angeles ) ) ) On J~!y’!3~ 2004 , before me, the undersigned, a notary public in and for said County,personally appeared Galen S. Petoyan- , personally known to me XXi~Ixxxi~~xx~~xxxoi~xxX~D~x~m~xxxx~ ~%X{~_~~X~X!}K_~ to be the person(~ whose name Z~{) is!~gX{ subscribed to the with£n instrument, and acknowledged to me that he~x~xtx~ executed the same in his/~%~[ authorized capacity[$~_j, and that by his~[~~ signature(~x) on the instrument the person~), or the entity .upon behalf of which the person6%X) acted, executed the instrument. WITNESS my hand and official seal. KAY ANNE SCHLOTFELDT Comm~ion # 1435~79Notary Public - Ca!lfomPa ~ LOS Ange~s Coun~ ~ Signa~us;e of Notary Pubtic~/ Kay Anne Schlotfeldt 6 CERTIFICATE OF ACKNOWLEDGMENT (Civil Code § 1189) STATE OF COUNTY OF California Los Angeles ) ) On July 13, 2004 , before me, the undersigned, a notary public in and for said County, personally appeared --Thomas A. Shuput ........... personally known to me ~4ZXX~gX~K~X~k~X~kg{~Xg~M~J~ ~X~ ~X@~ ~PJ~=~{XZ]9~~~) no be the person~) whose name~) is/H%_qt9 subscribed ~o the w~thin instrument, and acknowledmed to me that h e ~PX~ executed the same in his &~X~9~ authorized capaciE ,~l~~) , and that by his ~-~Kz%~9}~r signature ~) on the instrument the person(~), or the entity upon behalf of which the person(~<) acted, executed the instrument. WITNESS my hand and officia! sea!. ~ ~ MyComm.Expires~p13.2007~ EXHIBIT A-1 LANDFXLL ENV~[RONMENTAL CONTROL SYSTEMS MA~[NTENANCE SUPPLEMENTARY SCOPE OF WORK FOR 2004-2005 Add To Task 5 Annual Flare Emissions Testing/Reporting 1 Each $4,850. The work scope will include the following: The fla’e source test shall be conducted by Contractor on the Surlite Flare in accordance with the Title V Major Facility Review Pe1~nit No. A2721, dated December 4, 2003, Condition 1028, Item Nos. 15 and 16 including determination of flare destruction efficiency Also, in accordance with Item No. 15 of the permi~ the Bay Area Air Quality Management District (BAAQMD) shall be notified by Contractor at least 14 days in advance of the test and compliance plan for the source test will be submitted to the agency. A repor~ summarizing the results of the source test sba21 be submitted to the City and BAAQN~,~ within 45 days of completion of the field. Add Task 5 Reoor~ Prelaaration Contractor"s scope of work for Task 6 is outlined below and includes report preparation in compliance with the Title V pelTNt and Bay Area Air Quality Management District (BAAQiNgD) Rule 8-34, as listed below. Task 6A Title V Semi-Annual Monitoring Report (Two Reports) The Title V permit for the City of Paio Alto Landfill includes a requirement for the preparation and submittal of semi-annual momtoring repo~s associated with permit compliance. Contractor shall collectthe required infom~ation for completion of these reports and prepare the reports on behalf of the City of submittal to the BAAQMD. City will provide data and documentati on for Title V monitoring in a timely and complete manner for inclusion in. the report, with the exception of information Contractor maintains in-house on the landfill gas (LFG) system. A draft of the repo~-t shall be provided to the City for review prior to submittal. The final report shal] incorporate City’s comments and will be signed by the City’s responsible official. Task 6B - Semi-Annual Rule 8-34 Annua] Reports (Two Reports) Contractor shall prepare the sen~-annuai Rule 8-34 annual reports required by the BAAQiVI_~_ Contractor shall collect the necessary data to complete this reports under Section 411 of Rule 8- 34. The reports shalI be developed in the format prescribed by the BAAQMD. Draft versions of the reports shall be prepared and submitted to the City for review prior to final submittal to the BAAQMD. The sen~-annual reports will contain the following information, as required: 1) Operating Records Required by Section 501: a)All collection system downtime, including individual we]] shutdown times, length of time for shutdown, and the reason for the shutdown. All periods greater than five [5) days when the collection system was not operating. b)All emission control system downtime, length of time for shutdown, and the reason for the shutdown. Description and duration of all periods when the control device was not operating for greater than one (1) hour and the length of time that the device was not c)Continuous temperature records (chart recorder information) for all operating flares and any enclosed combustors With a listing of the dates/times when flm’e temperature went below limit allowed in the Title V permit and any times when.temperature gauge was off- line. or not operational. d) Monthly LFG flow rates readings. e)Records of all quarterly LFG system component leak testing, including monitoring dates, leak concentration by volume if in excess of 1,000 pints per million, by volume (ppmv), location of leak, date of discovery, the action taken to repair the leak, date of repair, date of any required re-monitoring, and the re-monitored concentration in ppmv. f)Annual waste acceptance rate and the cun’ent amount of waste in-place. g)Records of the nature, location, amount, and date of deposition of nondegradable wastes, for any landfill areas excluded from the collection system requirement as documented in the Gas Collection and Control System (GCCS) Design Plan. h)Continuous gas flow rate records chart recorder info__rmation) with a listing of the dates/times when flow rate went above limit allowed in the Title V pe~-mit and any times when the flow meter was off-line or not operational. i)Records of all quarterly surface e~Nssions monitoring, including monitoring dates, surface emission concentration by volume if in exces~ of 500 ppmv, location of exceedance, date of discovery, the action taken to repair the exceedance, date of repair, date of any required re-monitoring, and the re-monitored concentration in ppmv. For monthly wellhead monitoring (temperature, vacuum, and oxygen or nitrogen content), records of allmonitoring dates and any excesses of the limits stated in Section 8-34-305 and below (or alternative limits approved in the Title V Permit), including well identification number, the measured excess, the action ~aken tO repair the excess, and the date of repair, date of any required re-monitoring, and the re-monitored value. i)Monthly recording of gauge pressure at all wellheads (all wells must operate under negative pressure conditions). ii) Monthly monitoring of oxygen or nitrogen concentrations at all wellheads (oxygen must not exceed 5 percent or nitrogen over 20 percent). iii) Monthly monitoring of temperatures at all wellheads (temperature shall not exceed 2)Calibration information for monitoring equipment used for the various monitoring activities listed above (e.~.,~ OVA, GEM-500 unit, flow meter, temperature, etc.). 3)Description and duration of all period when the gas s~ream \vas diverted from the control device through a bypass line. 4)The date of installation and location of all wells or system expansions as the result of monitoring exceedances during previous reporting period. 5)Data upon ""~’~’<’~,,,,~,, *~"~,,~ "- ~o~’d .... ~y of well and eqmpment sizing were ~--~,~e,~. -~ 6)Gas generation rate estimates. 7)Provisions for increasing LFG extraction capacity as gas generation increases. 8)The provisions for the control of LFG migration. The Rule 8-34 m~nual reports will be combined with the Title V semi-annual reports as required by the Title V pm’mh; however, umque reports will be developed for each so that all of the required informanon is contained within. Also, to compIy with the Maximum Achievable Control Technology (MACT) standard, the semi-annual reports wi]l also include secJons on the stmt-up, shutdown, and malfunction (SSM) plan implementation during the reporting period. Task C- Annual Compliance Certification (One Report) The Title V permit for the City of Palo Alto Landfill also includes a requirement for the preparation and submittal of an annual compliance certification Contractor shall collect the required information for completion of a report to accompany this certification and prepare the report on behalf of the City for submittal to the BAAQMD. This scope of work assumes that monitoring data and documentation associated with any compliance activities for Title V will be provided by City in ~_ timely and complete manner for inclusion in the report for any items not already completed by Contractor. A draft Of the report shall be provided to the City for review prior to submittal. The final report will incorporate City’s comments. The final report and certification will be signed by the responsible official at the City. Schedule For Task 6 Per the Title V pem~it, the combined semi-annual Title V monitoring and Rule 8-34 reports are due on June 30, 2004 for the period covering December 2003 through May 2004, and on December 31, 2004 for the period covering June 2004 through November 2004. The annual compliance certification is due on December 31, 2004 for the period covering December 2003 through November 2004. Contractor shall endeavor to submit draft reports to the City within 2 weeks of the regulatory due date, leaving one week for City review and comment and one week for revision and submittal. City Provided items ~ The City will assist Contractor in obtaining records from IPT for the LFG recovery facility. The Contractor will not be responsib!e for the quality of the information provided by ~°T nor any missing information that IPT does not provide. ~City will provide site access for the site inspection, if necessary. ,The City will pay an3, fees directly to the BAAQMD, if any. The City’s shall endeavor to review the draft report within 5 working days from receipt of the draft report. End Scope of Work Exhibit B-1 2004-05 Fee Schedule Landfill En~4ronmental Control Systems Maintenance Task J2 - Routine LFG System Maintenance Senior Technician (or Equivalent)240 Hours $ Technician (or Equivalent)0 Hours $ Materials and incidentals 1 each $ 60.00 44.00 5 000.00 Total Task 1: $14,400.00 $ $5 000.00 $19,400.00 Task 2 - Routine LES Maintenance Senior Technician (or Equivalent)40 Hours $ Technician (.or Equivalent)416 Hours $ Pipe Clean-out (Roto-Rooter or equivalent)2 Events $ Materials and incidentals 1 Each $ 60.00 $ 44.00 2.500.00 5,000.00 $ Total Task 2: $ 2.400.00 18.304.00 5.000~00 25~704.00 Task 3 - LF’G Qharterty SurFace Mmfitoring and Reporting Foreman/Superintendent (or Equivalent)8 Hours $ Technician (or Equivalent)48 Hours $ Office Assistance (or.Equivalent)8 Hours $ 74.00 44.00 42.00 Total Task 3: $592.00 $2.112.00 $336.00 $o,~,4..0,, Task 4 - LFG Monthly Well I-Iead Monitoring and Reporting Foreman!Superintendent (or Equivalent) Senior Technician (or Equivalent) Technician (or Equivalent) Office Assistance (or Equivalent) 24 Hours 240 0 Hours 24 Hours $ $ $ $ 74.00 60.00 44.00 42.00 Total Task 4: 1.776.00 14.400.00 1,008.00 17,184.00 7/9/2004 Contiuued on Page 2 Task 5 - Non-Routine Maintenance & Repairs and Other Support Services Project Manager (or Equivalent) Foreman/Superintendent (or Equivalent) Senior Technician (or ~quivaient) Technician (or Equivalent) Laborer (or Equivalent) Office Assistance (or ~quivalenf) Materials and incidentals En gin eeri-n g/Drafting Services Annual Flare Emissions Testing 24 Hours $115.00 24 Hours $74.00 40 Hours $60.00 80 Each $44.00 80 Hours $40.00 32 Hours $42.00 1 Each $10,000.00 1 Each $2,500.00 1 Each 4850 Tota~ Task $2,760.00 $1,776.00 $2,400.00 $3,520.00 $3,200.00 $1,344.00 $lO,0O0.O0 $2,5o0.oo $4,850.00 $32,350.00 Task 6 -Reporting Total Task 6: $12,500.00 Total: $110,178.00 Notes: 1 Contractor shall invoice the City on a time and materials basis not to exceed the contract total without written approval from the City prior to completing ttie work. 2 Separate charges wiIi not be paid for tools, instruments, pipe welder, vehicles, or other equipment necessary to perform routine maintenance, mmfitoring and repairs associated with Tasks 1-4. 3 Material purchased by the Contractor shall include mark-up specified by the Contractor, but in no case shall mark up exceed 10 %. " 4 Billing should break down charges per task. 5 Field hours for Tasks 1-4 include time at the landfi!l onty. Separate charges will not be paid for travel time or mileage. 7/912004