HomeMy WebLinkAboutStaff Report 3383
City of Palo Alto (ID # 3383)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 1/14/2013
City of Palo Alto Page 1
Summary Title: BAO and Biosolids Facility Plan
Title: Adoption of a Budget Amendment Ordinance in the amount of
$173,231 to Provide an Additional Appropriation for the Biosolids Facility
Plan Project at the Regional Water Quality Control Plant (WQ-10001); and
Approval of a Wastewater Treatment Enterprise Fund Contract with CH2M
HILL Engineers, Inc. in a Total Amount Not to Exceed $421,678 for the
Biosolids Facility Plan at the Regional Water Quality Control Plant-Capital
Improvement Program WQ-10001
From: City Manager
Lead Department: Public Works
Recommendation
Staff recommends that Council:
1. Adopt the Budget Amendment Ordinance in the amount of $173,231
(Attachment A) to transfer funds from CIP Project WQ-04011, Facility
Condition Assessment and Retrofit and to provide an additional
appropriation for the Biosolids Facility Plan Project at the Regional Water
Quality Control Plant (WQ-10001); and
2. Approve and authorize the City Manager or his designee to execute the
attached contract with CH2M HILL Engineers, Inc. (Attachment B) not to
exceed amount of $421,678 for professional services for the Biosolids
Facility Plan Project at the Regional Water Quality Control Plant - Capital
Improvement Program Project WQ-10001; including $405,586 for basic
services and $16,092 for additional services.
City of Palo Alto Page 2
Discussion
The Regional Water Quality Control Plant’s (Plant) sewage sludge incinerators
were constructed in 1972. The incinerators have been in operation for 41 years.
The incinerators treat the biosolids originating in Palo Alto, the owner and
operator of the Plant, as well as from five partner agencies (i.e., Mountain View,
Los Altos, Los Altos Hills, Stanford University, and the East Palo Alto Sanitary
District). Treated biosolids are reduced to inert ash and hauled to a hazardous
waste landfill in Beatty, Nevada.
On July 2, 2012, Council accepted the Plant’s Long Range Facilities Plan (LRFP)
(staff report ID # 2914). Council directed staff to: 1) prepare this Biosolids Facility
Plan to finalize a biosolids treatment and disposal option; 2) retire the Plant’s
incinerators as soon as practical; and 3) evaluate biosolids treatment options
including potential yard trimmings, food scraps, and other organic treatment
options arising from the Energy/Compost Facility evaluation. The final four
options from the LRFP along with any viable biosolids treatment or disposal
options arising from private company proposals in the Energy/Compost Facility
RFP process (staff report ID # 3269) will be evaluated in the Biosolids Facility Plan.
The Biosolids Facility Plan will allow for finalization of options developed in the
LRFP. Staff expects to return to Council in February 2014 with a final
recommendation on treatment and/or disposal options for biosolids, food waste,
and yard trimmings.
Retiring Incinerators
The Biosolids Facility Plan is needed to determine the best option for the Plant’s
next biosolids handling system. The City is one of two agencies still running a
biosolids incinerator in California. Palo Alto incinerator retirement is being
planned for 2019, when the incinerators will have been in service for 47 years.
The incinerators are of an older generation and are not amenable for conversion
to a renewable bioenergy facility that would recover energy from the biosolids.
The Biosolids Facility Plan will evaluate anaerobic digestion and gasification
options. The current incinerators are the largest source of greenhouse gas (GHG)
emissions from City facilities. In contrast to incinerators, which release the
City of Palo Alto Page 3
greenhouse gas carbon dioxide to atmosphere, gasification or anaerobic digestion
convert carbon from the biosolids into renewable fuel. Additionally, staff expects
the existing incinerators to have difficulty meeting future air regulations; the
incinerators currently produce hazardous waste ash and are becoming more
difficult to operate and maintain due to decreasing reliability.
Biosolids Schedule
A timeline of next steps for biosolids is shown below:
Item
Anticipated
Completion
Solids Technology/Disposal Recommendation in conjunction
with Energy/Compost Facility to Council February 2014
Biosolids Facility Plan Completion July 2014
CEQA Environmental Review Fall 2015
Biosolids Facility Design 2017
Startup New Biosolids Facility 2019
Scope of Services Description
Given the need to retire the incinerators, the LRFP narrowed down the solids
handling options to four solutions: onsite anaerobic digestion, offsite anaerobic
digestion at the San Jose/Santa Clara Water Pollution Control Plant, onsite
gasification, and offsite gasification through a regional coalition of wastewater
agencies [i.e., the Bay Area Biosolids to Energy coalition that Palo Alto joined on
December 10, 2012 (staff report ID # 3254)]. Final evaluation of these options will
be completed in the Biosolids Facility Plan. The Biosolids Facility Plan will identify
a recommended solids handling treatment technology and disposal option for
Council approval leading into the CEQA process, design, and construction.
City of Palo Alto Page 4
The scope of work includes development of planning criteria, alternative
screening and analysis, coordination with the Energy/Compost Facility evaluation,
financial plans, community outreach, report completion, development of a scope
of work for CEQA environmental review, and a predesign report for a biosolids
dewatering/truck loadout facility.
Summary of Solicitation Process
Proposal Title/Number Consulting Services for Biosolids Facility Plan
Project at the Regional Water Quality Control
Plant - RFP No. 147733
Proposed Length of Project 18 months
Number of Solicitations for
Proposal mailed &/or emailed
7
Total Days to Respond to
Proposal
41
Pre-proposal Meeting Date October 16, 2012
Number of Company
Attendees at Pre-proposal
Meeting
7 firms
Number of Proposals
Received:
3
Number of Companies
Interviewed
3
Range of Proposal Amounts
Submitted
$400,000 to $466,426
Evaluation of Proposals
An evaluation committee consisting of the Public Works Department
Environmental Services Division staff reviewed the proposals. Three firms were
invited to participate in oral interviews on November 16 and 19, 2012. The
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committee carefully reviewed each firm's qualifications and submittal in response
to the criteria identified in the RFP. The criteria used to evaluate the proposing
firms included: quality and completeness of proposal; quality, performance, and
effectiveness of the work plan; proposer's experience; proposer's ability to
perform the work within the time specified; cost; proposer's financial stability;
proposer's prior record of performance with the City; and proposer's compliance
with applicable laws and regulations. CH2M HILL Engineers, Inc. was selected
because of its innovations, experienced project staffing, understanding of project
requirements, relevant project experience, and knowledge of project solutions.
Resource Impact
The project is funded by the Wastewater Treatment Fund capital budget WQ-
10001. Partners will share in the planning and design costs. Funding in the
amount of $173,231 from CIP Project WQ-04011, Facility Condition Assessment
and Retrofit, will be transferred to CIP Project WQ-10001, Long Range Facilities
Plan, via the attached Budget Amendment Ordinance (BAO). The additional funds
from the BAO will cover the cost of the contract with CH2M HILL Engineers, Inc.
There is no net change in the reserves of the Wastewater Treatment Fund.
Funds needed to construct future replacement biosolids handling facilities will be
provided by the Wastewater Treatment Fund; the estimated capital cost for a
biosolids project in the LRFP ranged between $13 million and $89 million. The
Wastewater Treatment Fund recovers costs from the Palo Alto Wastewater
Collection Fund and from the City’s five partners. The Wastewater Treatment
Fund’s debt service expenses are recovered through partner billing; the billing
share is based on contract-defined flow capacity allocation. Funding of design and
construction will likely require debt financing. The design and construction project
will need to be approved by the Mountain View and Los Altos City Councils,
Stanford University, and the Board of the East Palo Alto Sanitary District as part of
an agreement requirement with each of the Plant partners. The agreement with
Los Altos Hills does not require partner approval for the construction project. The
partners are aware of the upcoming projects and the City continues to keep them
informed of our progress.
City of Palo Alto Page 6
Policy Implications
Authorization of this project does not represent a change in existing policies.
Environmental Review
The Biosolids Facility Plan is exempt from review under the California
Environmental Quality Act pursuant to Section 15262. A CEQA environmental
review will be completed for any project resulting from the Biosolids Facility Plan.
Attachments:
Attachment A: Budget Amendment Ordinance (DOC)
Attachment B: C13147733 Contract with CH2MHill (PDF)
Attachment A
ORDINANCE NO.xxxx
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
AMENDING THE BUDGET FOR THE FISCAL YEAR 2013 TO
PROVIDE AN ADDITIONAL APPROPRIATION OF $173,231 TO
CAPITAL IMPROVEMENT PROGRAM PROJECT NUMBER WQ-
10001, LONG RANGE FACILITIES PLAN, FOR THE
BIOSOLIDS FACILITY PLAN PROJECT
The Council of the City of Palo Alto does ordain as follows:
SECTION 1. The Council of the City of Palo Alto finds and
determines 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 18, 2012 did adopt a budget for fiscal year 2013; and
B. In fiscal years 2010, 2011 and 2013, the Council
appropriated a total of $1,381,266 for CIP Project WQ-10001,
Long Range Facilities Plan (previously named Plant Master
Plan), to address capital replacement needs for existing plant
facilities considering life-span, regulatory, land-use,
economic, and environmental issues; and
C. Included in CIP Project WQ-10001 is the biosolids
facility plan to study alternatives to replace the sewage
sludge incinerators with technologies such as anaerobic
digestion, gasification, or regional solutions using similar
technologies; and
D. A Request for Proposal was solicited for consulting
services for the biosolids facility plan. Bids were received
from three qualified vendors and CH2M HILL Engineers, Inc. was
selected with a bid of $405,586 for basic services, and
$16,092 for additional services; and
E. The available balance of $248,447 for CIP Project WQ-
10001 is not sufficient to cover the costs of the contract
with CH2M HILL Engineers, Inc. An additional appropriation of
$173,231 is needed; and
F. Funding of $173,231 from CIP Project WQ-04011,
Facility Condition Assessment and Retrofit, will be
transferred to CIP Project WQ-10001, Long Range Facilities
Plan.
G. City Council authorization is needed to amend the 2013
budget as hereinafter set forth.
SECTION 2. The sum of One Hundred Seventy-Three Thousand
Two Hundred Thirty-One Dollars ($173,231) is hereby
transferred from CIP Project WQ-04011, Facility Condition
Assessment and Retrofit, to CIP Project WQ-10001, Long Range
Facilities Plan.
SECTION 3. The sum of One Hundred Seventy-Three Thousand
Two Hundred Thirty-One Dollars ($173,231) is hereby
appropriated to CIP Project WQ-10001, Long Range Facilities
Plan, for the biosolids facility plan.
SECTION 4. As 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 5. As provided in Section 2.04.330 of the Palo
Alto Municipal Code, this ordinance shall become effective
upon adoption.
SECTION 6. The biosolids facility plan is categorically
exempt from the California Environmental Quality Act (CEQA)
pursuant to CEQA Guidelines Section 15262. A CEQA
environmental review will be completed for any project
resulting from the biosolids facility plan.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
ATTEST: APPROVED:
______________________________ ________________________________
City Clerk Mayor
APPROVED AS TO FORM: ________________________________
City Manager
______________________________ ________________________________
Senior Assistant City Attorney Director of Public Works
____________________________________
Director of Administrative Services
Professional Services
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CITY OF PALO ALTO CONTRACT NO. C13147733
AGREEMENT BETWEEN THE CITY OF PALO ALTO AND CH2M HILL ENGINEERS
FOR PROFESSIONAL SERVICES
This Agreement is entered into on this 14th day of January, 2013, (“Agreement”) by
and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”),
and CH2M HILL ENGINEERS, INC. (CH2M HILL), a Corporation, located at 1737 North 1st
Street, Suite 300, San Jose, CA 95112 ("CONSULTANT").
RECITALS
The following recitals are a substantive portion of this Agreement.
A. CITY intends to develop a plan to retire the city's 40 year old sewage sludge incinerators at
the Palo Alto Regional Water Quality Control Plant (“Project”) and desires to engage a consultant to
evaluate onsite and regional biosolids handling solutions, advise staff, and report on
recommendations in connection with the Project (“Services”).
B. CONSULTANT has represented that it has the necessary professional expertise,
qualifications, and capability, and all required licenses and/or certifications to provide the Services.
C. CITY in reliance on these representations desires to engage CONSULTANT to provide the
Services as more fully described in Exhibit “A”, attached to and made a part of this Agreement.
NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, this
Agreement, the parties agree:
AGREEMENT
SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described in
Exhibit “A” in accordance with the terms and conditions contained in this Agreement. The
performance of all Services shall be to the reasonable satisfaction of CITY.
SECTION 2. TERM.
The term 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 performance of
Services under this Agreement. CONSULTANT shall complete the Services within the term of this
Agreement and in accordance with the schedule set forth in Exhibit “B”, attached to and made a part
of this Agreement. Any Services for which times for performance are not specified in this
Agreement shall be commenced and completed by CONSULTANT in a reasonably prompt and
timely manner based upon the circumstances and direction communicated to the CONSULTANT.
CITY’s agreement to extend the term or the schedule for performance shall not preclude recovery of
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damages for delay if the extension is required due to the fault of CONSULTANT.
SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to
CONSULTANT for performance of the Services described in Exhibit “A”, including both payment
for professional services and reimbursable expenses, shall not exceed four hundred and five
thousand five hundred and eighty-six dollars ($405,586.00). In the event Additional Services are
authorized, the total compensation for services and reimbursable expenses shall not exceed sixteen
thousand and ninety-two dollars ($16,092.00). The applicable rates and schedule of payment are set
out in Exhibit “C-1”, entitled “HOURLY RATE SCHEDULE,” which is attached to and made a part
of this Agreement.
Additional Services, if any, shall be authorized in accordance with and subject to the provisions of
Exhibit “C”. CONSULTANT shall not receive any compensation for Additional Services performed
without the prior written authorization of CITY. Additional Services shall mean any work that is
determined by CITY to be necessary for the proper completion of the Project, but which is not
included within the Scope of Services described in Exhibit “A”.
SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit monthly
invoices to the CITY describing the services performed and the applicable charges (including an
identification of personnel who performed the services, hours worked, hourly rates, and
reimbursable expenses), based upon the CONSULTANT’s billing rates (set forth in Exhibit “C-1”).
If applicable, the invoice shall also describe the percentage of completion of each task. The
information in CONSULTANT’s payment requests shall be subject to verification by CITY.
CONSULTANT shall send all invoices to the City’s project manager at the address specified in
Section 13 below. The City will generally process and pay invoices within thirty (30) days of
receipt.
SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All of the Services shall be
performed by CONSULTANT or under CONSULTANT’s supervision. CONSULTANT represents
that it possesses the professional and technical personnel necessary to perform the Services required
by this Agreement and that the personnel have sufficient skill and experience to perform the Services
assigned to them. CONSULTANT represents that it, its employees and subconsultants, if permitted,
have and shall maintain during the term of this Agreement all licenses, permits, qualifications,
insurance and approvals of whatever nature that are legally required to perform the Services.
All of the services to be furnished by CONSULTANT under this agreement shall meet the
professional standard and quality that prevail among professionals in the same discipline and of
similar knowledge and skill engaged in related work throughout California under the same or similar
circumstances.
SECTION 7. COMPLIANCE WITH LAWS. CONSULTANT shall keep itself informed of and
in compliance with all federal, state and local laws, ordinances, regulations, and orders that may
affect in any manner the Project or the performance of the Services or those engaged to perform
Services under this Agreement. CONSULTANT shall procure all permits and licenses, pay all
charges and fees, and give all notices required by law in the performance of the Services.
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SECTION 8. ERRORS/OMISSIONS. CONSULTANT shall correct, at no cost to CITY, any and
all errors, omissions, or ambiguities in the work product submitted to CITY, provided CITY gives
notice to CONSULTANT. If CONSULTANT has prepared plans and specifications or other design
documents to construct the Project, CONSULTANT shall be obligated to correct any and all errors,
omissions or ambiguities discovered prior to and during the course of construction of the Project.
This obligation shall survive 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.
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 and/or materials under this Agreement, shall act as and be an
independent contractor and not an agent or employee of the CITY.
SECTION 11. ASSIGNMENT. The parties agree that the expertise and experience of
CONSULTANT are material considerations for this Agreement. CONSULTANT shall not assign or
transfer any interest in this Agreement nor the 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.
Option A: No Subcontractor: CONSULTANT shall not subcontract any portion of the 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
subconsultants may be used to complete the Services. The subconsultants authorized by CITY to
perform work on this Project are:
1. RMC Water and Environment
CONSULTANT shall be responsible for directing the work of any subconsultants and for any
compensation due to subconsultants. CITY assumes no responsibility whatsoever concerning
compensation. CONSULTANT shall be fully responsible to CITY for all acts and omissions of a
subconsultant. CONSULTANT shall change or add subconsultants only with the prior approval of
the city manager or his designee.
SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign David Green as the
Project Manager to have supervisory responsibility for the performance, progress, and execution of
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the Services and during the day-to-day work on the Project. If circumstances cause the substitution
of the project manager or any other key personnel for any reason, the appointment of a substitute
project manager and the assignment of any key new or replacement personnel will be subject to the
prior written approval of the CITY’s project manager. CONSULTANT, at CITY’s request, shall
promptly remove personnel who CITY finds do not perform the Services in an acceptable manner,
are uncooperative, or present a threat to the adequate or timely completion of the Project or a threat
to the safety of persons or property.
The City’s project manager is James Allen, Public Works Department, Environmental Services
Division, Water Quality Control Plant, 2501 Embarcadero Way, Palo Alto, CA 94303, Telephone:
650-329-2243. The project manager will be CONSULTANT’s point of contact with respect to
performance, progress and execution of the Services. The CITY may designate an alternate project
manager from time to time.
SECTION 14. OWNERSHIP OF MATERIALS. Upon delivery, all work product, including
without limitation, all writings, drawings, plans, reports, specifications, calculations, documents,
other materials and copyright interests developed under this Agreement shall be and remain the
exclusive property of CITY without restriction or limitation upon their use. CONSULTANT agrees
that all copyrights which arise from creation of the work pursuant to this Agreement shall be vested
in CITY, and CONSULTANT waives and relinquishes all claims to copyright or other intellectual
property rights in favor of the CITY. Neither CONSULTANT nor its contractors, if any, shall make
any of such materials available to any individual or organization without the prior written approval
of the City Manager or designee. CONSULTANT makes no representation of the suitability of the
work product for use in or application to circumstances not contemplated by the scope of work.
SECTION 15. AUDITS. CONSULTANT will permit CITY to audit, at any reasonable time
during the term of this Agreement and for three (3) years thereafter, CONSULTANT’s records
pertaining to matters covered by this Agreement. CONSULTANT further agrees to maintain and
retain such records for at least three (3) years after the expiration or earlier termination of this
Agreement.
SECTION 16. INDEMNITY.
[Option A applies to the following design professionals pursuant to Civil Code Section
2782.8: architects; landscape architects; registered professional engineers and licensed
professional land surveyors.] 16.1. To the fullest extent permitted by law, CONSULTANT shall
protect, indemnify, defend and hold harmless CITY, its Council members, officers, employees and
agents (each an “Indemnified Party”) from and against any and all demands, claims, or liability of
any nature, including death or injury to any person, property damage or any other loss, including all
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.
[Option 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, CONSULTANT shall
protect, indemnify, defend and hold harmless CITY, its Council members, officers, employees and
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agents (each an “Indemnified Party”) from and against any and all demands, claims, or liability of
any nature, including death or injury to any person, property damage or any other loss, including all
costs and expenses of whatever nature including attorneys fees, experts fees, court costs and
disbursements (“Claims”) resulting from, arising out of or in any manner related to performance or
nonperformance by CONSULTANT, its officers, employees, agents or contractors under this
Agreement, regardless of whether or not it is caused in part by an Indemnified Party.
16.2. Notwithstanding the above, nothing in this Section 16 shall be construed to
require CONSULTANT to indemnify an Indemnified Party from Claims arising from the active
negligence, sole negligence or willful misconduct of an Indemnified Party.
16.3. The acceptance of CONSULTANT’s services and duties by CITY shall not
operate as a waiver of the right 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.
SECTION 18. INSURANCE.
18.1. CONSULTANT, at its sole cost and expense, shall obtain and maintain, in full
force and effect during the term of this Agreement, the insurance coverage described in Exhibit "D".
CONSULTANT and its contractors, if any, shall obtain a policy endorsement naming CITY as an
additional insured under any general liability or automobile policy or policies.
18.2. All insurance coverage required hereunder shall be provided through carriers
with AM Best’s Key Rating Guide ratings of A-: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 will not
be canceled, or materially reduced in coverage or limits, by the insurer except after filing with the
Purchasing Manager thirty (30) days' prior written notice of the cancellation or modification,
CONSULTANT shall be responsible for ensuring that current certificates evidencing the insurance
are provided to CITY’s Purchasing Manager during the entire term of this Agreement.
18.4. The procuring of such required policy or policies of insurance will not be
construed to limit CONSULTANT's liability hereunder nor to fulfill the indemnification provisions
of this Agreement. Notwithstanding the policy or policies of insurance, CONSULTANT will be
obligated for the full and total amount of any damage, injury, or loss caused by or directly arising as
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a result of the Services performed under this Agreement, including such damage, injury, or loss
arising after the Agreement is terminated or the term has expired.
SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES.
19.1. The City Manager may suspend the performance of the Services, in whole or
in part, or terminate this Agreement, with or without cause, by giving ten (10) days prior written
notice thereof to CONSULTANT. Upon receipt of such notice, CONSULTANT will immediately
discontinue its 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 shall deliver to the
City Manager immediately any and all copies of studies, sketches, drawings, computations, and
other data, whether or not completed, prepared by CONSULTANT or its contractors, if any, or given
to CONSULTANT or its contractors, if any, in connection with this Agreement. Such materials will
become the property of CITY.
19.4. Upon such suspension or termination by CITY, CONSULTANT will be paid
for the Services rendered or materials delivered to CITY in accordance with the scope of services on
or before the effective date (i.e., 10 days after giving notice) of suspension or termination; provided,
however, if this Agreement is suspended or terminated on account of a default by CONSULTANT,
CITY will be obligated to compensate CONSULTANT only for that portion of CONSULTANT’s
services which are of direct and immediate benefit to CITY as such determination may be made by
the City Manager acting in the reasonable exercise of his/her discretion. The following Sections will
survive any expiration or termination of this Agreement: 14, 15, 16, 19.4, 20, and 25.
19.5. No payment, partial payment, acceptance, or partial acceptance by CITY will
operate as a waiver on the part of CITY of any of its rights under this Agreement.
SECTION 20. NOTICES.
All notices hereunder will be given in writing and mailed, postage prepaid, by
certified mail, addressed as follows:
To CITY: Office of the City Clerk
City of Palo Alto
Post Office Box 10250
Palo Alto, CA 94303
With a copy to the Purchasing Manager and Project Manager
To CONSULTANT: Attention of the project manager
at the address of CONSULTANT recited above
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SECTION 21. CONFLICT OF INTEREST.
21.1. In accepting this Agreement, CONSULTANT covenants that it presently has
no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would
conflict in any manner or degree with the performance of the Services.
21.2. CONSULTANT further covenants that, in the performance of this Agreement,
it will not employ subconsultants, contractors or persons having such an interest. CONSULTANT
certifies that no person who has or will have any financial interest under this Agreement is an officer
or employee of CITY; this provision will be interpreted in accordance with the applicable provisions
of the Palo Alto Municipal Code and the Government Code of the State of California.
21.3. If the Project Manager determines that CONSULTANT is a “Consultant” as
that term is defined by the Regulations of the Fair Political Practices Commission, CONSULTANT
shall be required and agrees to file the appropriate financial disclosure documents required by the
Palo Alto Municipal Code and the Political Reform Act.
SECTION 22. NONDISCRIMINATION. As set forth in Palo Alto Municipal Code section
2.30.510, CONSULTANT certifies that in the performance of this Agreement, it shall not
discriminate in the employment of any person because of the race, skin color, gender, age, religion,
disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status,
weight or height of such person. CONSULTANT acknowledges that it has read and understands the
provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination
Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section
2.30.510 pertaining to nondiscrimination in employment.
SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE
REQUIREMENTS. CONSULTANT shall comply with the City’s Environmentally Preferred
Purchasing policies which are available at the City’s Purchasing Department, 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 shall 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 of 30% 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 of 30% 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 pallets shall be taken back by the Consultant, at no additional
cost to the City, for reuse or recycling. Consultant shall provide documentation from
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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 Agreement will terminate without any penalty (a)
at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year,
or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of
the fiscal year and funds for this Agreement are no longer available. This section shall take
precedence in the event of a conflict with any other covenant, term, condition, or provision of this
Agreement.
SECTION 25. MISCELLANEOUS PROVISIONS.
25.1. This Agreement will 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 all prior negotiations, representations, and contracts, either written or oral.
This document may be amended only by a written instrument, which is signed by the parties.
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 be referred to in any
duly executed amendment hereto are by such reference incorporated in this Agreement and will be
deemed to be a part of this Agreement.
25.8 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
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security of the Personal Information. CONSULTANT shall not use Personal Information for direct
marketing purposes without City’s express written consent.
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EXHIBIT “A”
SCOPE OF SERVICES
1
Scope of Work
Professional Services for the Biosolids Facility Plan
City of Palo Alto RFP Number 147733
Introduction
This scope of work modifies and reflects the scope of work from the REQUEST FOR PROPOSAL (RFP)
NUMBER 147733 FOR PROFESSIONAL SERVICES for the BIOSOLIDS FACILITY PLAN (BFP) at
the Regional Water Quality Control Plant (RWQCP). The tasks included in this scope incorporate the
design criteria identified in RFP Number 147733. The biosolids options identified in RFP Number
147733 (4 hauling options and 4 onsite options) are incorporated into Task 3 – Screen for Viable
Alternatives, below.
Task 1 – Kickoff Meeting, Chartering, and Values Definition
City and CONSULTANT will hold a kickoff meeting. The CONSULTANT will prepare and
distribute the kickoff meeting agenda and the meeting summary. Task 1 will create a Working
Group (involved with day-to-day decisions and project reviews) as well as a Steering Team
(made up of City and Consultant staff that will provide periodic review and work to represent the
various stakeholder groups).
Project team/attendee introductions
Project organization and communications
o Formation of Working Group and Steering Team
Summary of workplan and goals for the project
o Develop/Refine Values, Goals and Objectives
Key project issues
CONSULTANT’s informational needs
o Coordinate with ARI – identify ARI needs for E/C RFP and evaluation process
o Identify initial data needs
Project schedule and key schedule factors. Communicate to the attendees anything the
project team needs to know to keep the project moving on budget and on schedule.
Assumptions: Assume one meeting with travel for Project Manager, Assistant Project Manager,
Technical Lead, and Biosolids Expert.
Deliverable: Kickoff meeting, agenda, (draft and final) meeting summary
Task 2 – Develop and Define Planning Criteria
The purpose of this task is to assemble the planning criteria needed for evaluating options and
comparing alternative technologies. Assume that draft chapters/tech memos will be developed
for CITY review prior to holding a single workshop to review all the planning criteria developed
in Task 2.
2.1 Characterization of Biosolids
The purpose of this sub task is to assemble the data needed for evaluating options and comparing
alternative technologies. These data include current and projected quantities. Projections will be
made from current levels through 2048.
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2.1.1 Compile relevant data for alternative analysis including:
Sizing criteria for facilities: Peak and average day and month incinerator inflow
solids tonnage (wet/dry) and percent solids
Hauling contract analysis/contract operator options: Annual average sludge
tonnage (wet / dry)
O&M Unit costs (update and expand these costs, as needed, from LRFP Appendix
M, Table 8)
Fats, oils, grease characteristics and loading assumptions
Plant Electricity Use
Plant Natural Gas Use
2.1.2 Determine sludge loadings. The values from the LRFP are conservative and will
need to be modified for population forecasts that differ from ABAG 2009 Projections.
Assumptions: Assume that data necessary for this task is readily available. CONSULTANT will
provide CITY with a detailed data request, including a request for flow and load data. CITY will
collect and provide data necessary to characterize biosolids.
CONSULTANT will rely on data and projections from the LRFP, as well as direction from the
CITY in regards to the range of alternative growth projections. CONSULTANT will review and
advise CITY on data and projections provided.
Assume that the range of growth projections are similar to that being used in the ARI vendor
proposals (70-100% of the ABAG projections). Assume that variability in growth projections
does not alter the base planning criteria nor the alternatives evaluation criteria. A sensitivity
analysis will be conducted after selection of the preferred alternative to determine the impact
and/or timing of improvements.
Deliverable: Completed chapter, (draft and final)
2.2 – Regulatory and Environmental Criteria
Building on the work in the LRFP, the CONSULTANT will identify and evaluate relevant
federal, state, and local regulations, permits, and ordinances. Both current and likely future
regulations should be evaluated for air, water, and solids. The impact analysis shall analyze risk
factors, short-term/long-term issues in decision making, what-if scenarios, and probabilities
associated with potential future requirements. As regulatory action evolves over time, the
CONSULTANT shall help Plant staff envision long term possibilities for treatment and sludge
disposal, trade-offs, and decision making issues. CITY shall provide CONSULTANT with
copies of local regulations that are pertinent to the BFP.
Deliverable: Completed chapter (draft and final)
2.3 – Other Environmental, Partnership, and Community Criteria
The purpose of this task is to identify other criteria that are critical to conducting the Biosolids
Facilities Plan – both nonmonetary criteria and criteria that can be monetized – and with the
Working Group and the Steering Team on relevant criteria and how they’ll be applied to
developing and evaluating the biosolids alternatives.
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As part of this task, CONSULTANT will define the current status of potential partner agencies,
the current status of their biosolids projects, and their potential/interest in partnering with the
Palo Alto RWQCP.
As part of this task, CONSULTANT will define the available/potential outside funding
opportunities and incentive programs that might be applicable to the biosolids-oriented
alternatives. (Formerly Task 6.1 in the RFP.)
Deliverable: Completed chapter (draft and final)
2.4 – Definition of Alternatives Evaluation Process, Key Criteria, and Decision Process
The purpose of this task is to develop the evaluation process, summarize key criteria (developed
in the subtasks above), and define the Decision Process to be used to conduct the Biosolids
Facilities Plan.
As part of this task, CONSULTANT will provide typical hauling contracts for staff use;
CONSULTANT will advise on key contract terms. CONSULTANT will advise, by tech memo,
on diversification recommendations and risks for sludge disposal options. (Formerly Task 4.3 in
the RFP)
2.4.1 Develop criteria for screening viable alternatives and review the criteria and screening
process (to be used in Task 3) with the Working Group and the Steering Team
2.4.2 Finalize alternatives evaluation criteria (to be used in Task 4 for the Most Viable
Alternatives) with CITY, noting need for consistency with the evaluation criteria established in
the E/C Facility RFP. (Formerly Task 4.4 in the RFP) Effort for a single Workshop to review
evaluation criteria and other planning criteria is included in this scope item.
At a minimum, evaluation criteria and methodology will be as listed below. CITY and
CONSULTANT may add additional criteria, or modify, as necessary. Evaluation criteria should
include, but are not limited to:
KEY Criteria: Costs
o Life cycle NPV (30 year analysis for 2019-2049)
o Capital Cost
o Debt Service Values with City financing
20-year SRF Load
30-year Water Revenue Bond
o Hauling Contract Costs
o Disposal Costs
o Plant O&M Costs
o Offsetting energy or other revenues
o Outside funding possibilities
KEY Criteria: Risk Analysis including technical feasibility, contractual risks, technology
track record, and implementation complexity
KEY Criteria: Energy Use and Production
KEY Criteria: Size of facility / footprint
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KEY Criteria: Environmental considerations, GHG analysis, and carbon footprint
impacts
KEY Criteria: Community impacts: traffic, odors, noise, and aesthetics.
KEY Criteria: Qualifications of private company providing service, as applicable
Secondary Criteria
o Operational
Changes to operational staffing levels
Redundancy, reliability, longevity
Ease of operation and safety
Ease of maintenance
Treatment capacity and scalability to future sludge loads
Reliability and technology readiness level for Palo Alto
o Impacts on adjacent land uses (e.g. visual, odors, height, noise, traffic, etc.)
o Constructability
o Other differentiators
Assumptions: Assume one meeting with travel for Project Manager, Assistant Project Manager,
and Technical Lead.
Deliverable: Completed chapter (draft and final), Workshop with Meeting Summary notes
Task 3 – Screen for Viable Alternatives
The purpose of this task is to review the possible alternatives for Biosolids-only solutions and
screen those alternatives to create a list of the most viable alternatives (up to 5) which will then
be carried into the full Alternatives Evaluation task (Task 4). Utilize the screening process
developed above (Task 2.4.1) to screen the following alternatives:
Hauling options 1 through 5 listed in the RFP
Onsite gasification options 1 and 2 listed in the RFP (pending outcome of Subtask 3.1)
Onsite anaerobic digestion options 3 and 4 listed in the RFP coupled with hauling options
1 through 4
The “no project” scenario (for CEQA and SRF Funding analyses) (as required in Task 4
in the RFP).
Other options identified in Subtask 3.2 below.
3.1 Screen Gasification Technology for Biosolids (previously Task 4.2.2 in the RFP)
Prepare a technical memorandum recommending whether a biosolids only gasification /
pyrolysis technology can be recommended at the highest level for approval as (a) ready for
implementation, (b) ready at full scale with no other disposal options, (c) suitably reliable, and
(d) adequately proven for use in federal, state, and local regulatory environments. Palo Alto is
supporting the pilot scale gasification system at San José/Santa Clara WPCP should Harvest
Power proceed with construction. If the City of San Jose does not recommend this technology in
their tech memo for Palo Alto and CITY concurs with these findings, then the overall alternative
analysis will not include gasification / pyrolysis analysis unless it is a vendor proposal.
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3.2 Identify other alternatives not identified in the RFP that may provide benefits comparable or
superior to the options identified in the RFP (up to 4). These may include anaerobic digestion
with thermal hydrolysis pretreatment, thermal drying, or additional hauling/partnership
opportunities.
3.3 Screening Workshop This screening effort will be conducted during a four hour workshop
with the following information available prior to the workshop:
Biosolids Characteristics/Criteria
Regulatory criteria
Outside Funding/incentive opportunities
Gasification Technical Memorandum
Definition of evaluation process
Assumptions: Assume one meeting with travel for Project Manager, Assistant Project Manager,
Technical Lead, and Biosolids Expert. Assume additional technical resources are available via
conference call or video conference.
Deliverable: (Draft and Final) Technical Memorandum Identifying the 5 Most Viable
Alternatives that move forward to Task 4 and documenting the Screening process
Workshop with Meeting Summary notes
Task 4 – Alternative Analysis
Assume that up to 5 Alternatives are carried forward from Task 3.
Task 4.1 – Evaluate Biosolids-Only Alternatives
The BFP timeframe will be 30 years. Except for Hauling and Disposal Option 1 to 3 (as listed in
the RFP), the operational start year will be 2019 and the CONSULTANT will perform a life-
cycle analysis ending in 2049. Many options include 20-year contracts (e.g., from vendors, Bay
Area Biosolids -to- Energy (BAB2E), San José/Santa Clara Water Pollution Control Plant,
gasifier owner/operators, etc.) and the CONSULTANT shall assume those contracts/bids are
renewed and extended for the full 30-year life of a facility. For contract operated options, assume
a 20-year contract with capital repairs made in year 20 to extend the facility to a 30-year life;
CONSULTANT will determine these mid-life capital repair costs for the alternative analysis.
The options (except for Option 2 in the RFP) shall be evaluated on a 30-year life cycle basis. The
list of options in the RFP reflects numerous base options on a 30-year life cycle, one hybrid
option involving early implementation and deferral of long-term contracts/costs, and potential
additional options from the Energy / Compost Facility Evaluation. The four hauling and disposal
options listed in the RFP only need one capital improvement project involving the Dewatering
Facility / Truck Loading Facility supplemented by various options of hauling/disposal. The
onsite options need more extensive onsite capital improvement in addition to the Dewatering
Facility / Truck Loading facilities and various hauling options. The dewatering and truck loading
facilities are common to all options, however the location is either at the WQCP or at the 10-acre
site.
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(From Task 4.2.2 in the RFP) Provide sound technical analysis, evaluate the above alternatives
and present findings to CITY staff in a clear way, based on criteria discussed below. Provide all
backup spreadsheets for CITY staff analysis. Prepare an analysis of the alternatives in such a
way that staff can receive community input (e.g., easy to understand graphics) at a public
meeting.
Assumptions:
Assume one meeting with travel for Project Manager, Assistant Project Manager, and Technical
Lead.
Deliverable: Chapter (draft and final) describing the evaluation results and Recommended
‘Biosolids-only’ alternative Workshop with Meeting Summary notes
Task 4.2 Recommend a dewatering approach for the Recommended ‘Biosolids-only’ alternative
Provide a brief technical memorandum recommending a dewatering approach (i.e., centrifuge,
belt filter presses, screw press, rotary press, or plate and frame filter) for the dewatering facility.
Deliverable: Technical Memorandum on dewatering approach (draft and final)
Task 5 - Coordinate with ARI and evaluate biosolids-related vendor proposals resulting from the
Energy /Compost Facility RFP
Alternative Resources, Inc. (ARI) is the consultant managing the Energy/Compost (E/C) Facility
RFP vendor solicitation process for the CITY. The purpose of this task is to coordinate with ARI
to achieve consistency of evaluation and biosolids criteria between the Biosolids and E/C
alternatives, and to work alongside the CITY and ARI to develop an integrated biosolids and
organics strategy for Palo Alto.
5.1 – Coordination with Energy / Compost (E/C) Facility Evaluation Consultant ARI
Alternative Resources, Inc. (ARI) is the consultant managing the RFP vendor solicitation
process. The Consultant will be expected to take initiative to work closely with ARI.
Consultant will share technical analysis and evaluation criteria and other information critical to
the integrated work.
General Coordination:
Coordinate (by conference call) with ARI consultants about the Energy / Compost
Facility Evaluation and vendor proposals.
Provide draft copies of reports to ARI when City staff receive draft documents, to
facilitate coordination.
Alternative Analysis Coordination:
Provide quantities of biogas from onsite options that may be used in a shared gas
handling system.
Coordinate evaluation criteria.
Deliverable: Technical Memorandum on alternatives evaluation to be integrated into ARI’s
documentation (draft and final)
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5.2 Evaluate Vendor Proposals
The purpose of this subtask is to evaluate the biosolids-related vendor proposals resulting from
the E/C Facility RFP to determine the technical viability and readiness. Consultant will support
analysis of green waste and food waste treatment options as they relate to the use of biosolids
and process gas handling.
Assume that ARI will be leading the review of the proposals and that ARI is evaluating the
proposals for conformance to the RFP requirements (including financial stability, acceptable
contractual terms, etc.). Consultant will support ARI with the technical review of the E/C
proposals that relate to the use of biosolids.
Based on criteria agreed upon with City staff, the Consultant will again go through a two-step
process:
Screen all proposals to identify those that are technically viable
Evaluate the remaining proposals for costs and comparison to the ‘biosolids-only
proposals.
The objective of Consultant’s work will be to provide recommendations (and raise concerns)
about technical issues, reliability and viability of proposed technologies, and suitability for Palo
Alto. Consultant will also reconcile differences in alternatives evaluation approach in vendor
proposals with Biosolids-only alternatives. The intent of the reconciliation process is to
determine a side-by-side analysis of all the alternatives being considered. Consultant will provide
analysis for Biosolids-only alternatives developed in Task 4 and work with ARI with the
objective of determining the optimal Integrated Organics Waste Option.
CONSULTANT will:
Review vendor proposals (provided by CITY from ARI) for biosolids management.
Provide findings of review to ARI and CITY staff about recommended options for side-
by-side evaluation along with preset baseline options in Task 4.
Assumptions:
It is expected that most biosolids options will be either wet anaerobic digestion or
gasification and covered by onsite options 2 and 4 (from Task 4, Item 11 in the RFP)
The evaluation will include cost and O&M in analysis for capital facilities at WQCP site
to store, blend, transport, and meter dilute sludge, sludge cake, scum, and/or bio-gas to
E/C Facility for further processing by E/C Facility vendor solution(s). (from Task 4, Item
11 in the RFP)
No workshop budgeted – review comments will be forwarded to CITY and ARI.
Deliverable: (draft and final)Chapter on screening process, evaluation results, and comparison
to Biosolids Only solutions (from Task 4)
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Task 6 – Financial Plans
CONSULTANT will prepare the BFP in a way that maximizes financial benefits to the CITY.
Financial planning work will only be conducted for one Recommended Alternative from Task 4.
Task 6.1 The BFP alternative analysis and report shall be completed in a manner that meets the
requirements of the SWRCB Division of Financial Assistance’s Clean Water State Revolving
Fund program requirements for an SRF loan. The BFP report will serve as the facilities planning
document to meet the program requirements of an SRF loan approval process. At a minimum
include the following:
1. A cost-effectiveness evaluation of alternative project concepts.
2. An estimate of the total capital costs and annual operation and maintenance costs.
3. A map of the service area.
4. A written record of the required public meeting.
5. A discussion of the selected alternative that includes the following:
• A detailed description of the selected alternative.
• A statement of the relevant design criteria.
• The estimated construction cost and annual operation and maintenance cost, and a
description of how the local costs will be financed.
• Dedication of an identified source of revenue to repay the loan (this will be done
later by council resolution, report can simply mention it)
• A discussion of the non-monetary benefits of the project.
• A discussion of any interagency service agreements necessary to construct, operate,
and maintain the system.
6. An implementation schedule for completion of the project.
7. A construction financial plan (year by year expenditures and finances)
Task 6.2
Because the decision on project financing has not yet been made, the CONSULTANT will show
debt service values for both an SRF loan, debt service values for a water revenue bond, or private
contractor tipping and per ton fees. Private contracts will be 20-year term with two 5-year
extensions on mutually agreeable terms, for a total potential contract of 30-years.
Task 7 – Community Outreach
The Community Outreach effort is an important part of the planning process. Outreach will be
conducted with public, partner staff, and elected officials. Staff has already received substantial
community input during the LRFP. The CITY desires ongoing input from the community to
continue informing the decision making process.
The purpose of this task is for the CONSULTANT to provide technical support to the
Community Outreach effort. CITY staff will 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 Community Outreach effort will be to
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1) perform technical, regulatory and community/environmental analyses to prepare for the
Community Outreach effort,
2) prepare slides, handouts and/or other materials for the community meetings, including
adjustments to graphics and tables used in the BFP, and
3) during the outreach process, perform additional technical, regulatory and/or
community/environmental analyses to support the ongoing community meetings.
Presentations to Boards or Councils will be given by CITY staff with Q&A assistance by the
CONSULTANT.
7.1 The CONSULTANT should assume involvement in the following meetings:
7.2 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.
7.3 Summarize the community outreach process and results in an appendix of the Final Report.
Assumptions: Assume up to five meeting with travel for Project Manager, and/or other project
team members who attend.
Deliverables: Materials and handouts for community meetings
Summary of community meetings
Materials for CITY developed and maintained website
Presentation materials for City Council and partner agency meetings
Timeframe Type of Meeting
Consultant
Expected to
Attend Expectation
Jan 14,
2013
Palo Alto Council Meeting
Study Session on E/C Facility RFP
and Landfill Capping Issues
No stay informed with
project manager
Spring
2013
Community Meeting
Input on Organics Resource &
Recovery Strategy
No stay informed with
project manager
Spring
2013
E/C Facility RFP
Community Meeting on E/C
No stay informed with
project manager
End of
2013
Facility RFP Proposals and Biosolids
Facility Plan Technology and
Disposal Solutions
Yes Technical assistance;
premeeting review of
presentation
Feb 2014 Palo Alto Council Meeting
Final Biosolids, Green Waste, and
Food Waste Recommendations
Yes Technical assistance;
premeeting review of
presentation
TBD Partner Council Meeting Yes Technical assistance
TBD Community Meeting Yes Technical assistance
TBD 2nd Palo Alto Council Meeting Yes Technical assistance
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Summary of the Community Outreach process.
Task 8 – BFP Report
The BFP will encompass a 30 year time period ending in the year 2049. The City will print the
final report. The BFP Report (report) will have text and graphics covering all the elements of this
study, generally including the following elements:
Standalone Summary Report for use with community and Council presentations
Main Report (preliminary outline)
o Executive Summary
o Introduction
o Waste Characterization and Loads
o Regulatory Issues
o Alternative Evaluation
o Recommendations
o Financial Details
o Appendices
1. Meeting presentations
2. Tech memos
Graphics: Graphics shall be adaptable to use in PowerPoint presentations by City staff
For printing of reports, provide electronic versions. Assume CITY will pay for
reprographics and coordinate production
o Reports will be electronically transmitted
o Report will be a clean PDF without scanning graphics
o Report will also be a Microsoft Word version with graphics
o Report will be suitable for web posting and forwarding via email
o Use of color in report is to be limited to essential graphics and tables to reduce
printing costs; use of ledger size drawings shall be only where useful
o Provide City staff a proof copy for the printer to match transmitted PDF copy
o The proof copy of the report is to be organized and tabbed
Assumptions:
1. Assume that existing survey and geotech information is adequate, and available for this
work.
2. Assume that City standards for demolition/salvage are provided.
Deliverables
Completed chapters
Administrative Draft Report (available to city staff and partner staff)
Interim Draft Report (available to public for comment)
Final Draft Report (available to Council for review)
Summary Report (standalone summary for use with elected officials and public meetings)
Final Report
Task 9 – Project Management
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CONSULTANT will provide necessary administration, project accounting, meeting summaries,
proper invoicing, budget control, project controls, quality assurance and reviews, and
professional oversight of the project. Project staffing shall be maintained at acceptable levels to
keep the project on schedule, ensure continuity of information, and satisfy the requirements of
the scope of work.
9.1 Project Schedule:
Prepare a baseline project schedule with milestones, and update regularly.
9.2 Project Progress Meetings: Biweekly progress meetings will be held via teleconference.
CONSULTANT will provide call-in information. The meetings will generally be as follows.
Agenda driven
The CONSULTANT will lead the meetings.
The CONSULTANT will prepare the meeting summaries in a format acceptable to the
CITY and distribute them via email.
9.3 Submit invoices monthly.
9.3.1 Submit a draft of invoice format for CITY review prior to submitting the first invoice. The
invoice shall 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) Consultants markup.
9.3.2 The invoice package shall contain the following:
Subconsultant and/or materials invoices, and any other backup which clarifies charges.
Updated project schedule (if needed).
Monthly Progress Report: Brief descriptions of work performed and milestones
accomplished, organized by task.
Task 10 – Scope of Work for CEQA Environmental Review
It is anticipated that a California Environmental Quality Act (CEQA) analysis will be prepared in
conjunction with the BFP. The CEQA analysis would be done via contract amendment, or as a
separate project, and is expected to start before the BFP project is finished. The CONSULTANT
shall 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 (ND, MND, or EIR) and the
planned/recommended facilities to be included in the CEQA review. The finished Scope of Work
shall be in a form such that it can be directly included in a Request for Proposals, describing in
detail all the work involved in preparing the CEQA document and the deliverables required.
Expect three meetings with City attorneys and three meetings with City planners by conference
call. It should be noted that a preliminary CEQA checklist is being prepared by ARI in regard to
the E/C facility. That document will be available in the Fall of 2012.
Assumptions: Meetings are by conference call.
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Deliverable: A Technical Memorandum generally describing the major issues for the
environmental review, with an attached Scope of Work for the CEQA analysis. 5 hardcopies and
the Word file(s)
Task 11 – Dewatering Facility / Truck Loadout Facility at WQCP: Predesign
Create a predesign report for a dewatering facility and truck loadout facility.
The predesign report shall include:
Predesign cost estimate
Basic process piping site plan with key yard piping identified
Basic process piping and layout drawing for the new facility
Building plan and elevation and key structural components
Odor control plan
Truck loading requirements (turning, exhaust, etc.)
Preliminary P&ID
Equipment type recommendations
Sizing for:
o scum concentrator
o dewatering equipment
o polymer system
o conveyors
o pumps
o storage units
o sludge and scum loadout system
o HVAC
o electrical 12kV load center
o backup diesel generator
o MCC
A demolition narrative and facility relocation, reuse, and salvaging requirements
A narrative on automation, control, and SCADA strategy
Industry standard information for a predesign report
Assumptions:
1. Assume that existing survey and geotech information is adequate, and available for this
work.
2. Assume that City standards for demolition/salvage are provided.
Deliverable: Electronic transmission of completed predesign report in PDF (with Word files),
with customary PDF drawings. Report shall be for easy re-distribution or download.
ADDITIONAL ASSUMPTIONS
1. The CONSULTANT will provide draft meeting summaries and draft technical
memoranda for review by the CITY. CITY staff will collect, organize and adjudicate
CITY review comments and provide those to CONSULTANT in one consolidated
document. CONSULTANT will then finalize document and document
CONSULTANT’S response to CITY review comments.
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2. Deliverables will be in electronic pdf format with Word files made available.
TASK 12 - ADDITIONAL SERVICES
The CITY may elect to have the CONSULTANT perform any or all of the following additional
services. The CONSULTANT shall perform these services only if pre-authorized in writing by
the CITY Project Manager. For each item (i.e. the deliverable), provide a skeletal approach
and/or work plan with assumptions, an estimate of the cost of service and an hourly rate sheet in
your proposal.
1. Additional meetings (community meetings or working meetings), graphics, hard copies of
deliverables, or other miscellaneous unforeseen expenses.
2. Additional alternative evaluation work
3. Additional work associated with Pre-design
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EXHIBIT “B”
SCHEDULE OF PERFORMANCE
CONSULTANT shall perform the Services so as to complete each milestone by the date
specified below. The date to complete each milestone may be increased or decreased by mutual
written agreement of the project managers for CONSULTANT and CITY so long as all work is
completed within the term of the Agreement. CONSULTANT shall provide a detailed schedule
of work consistent with the schedule below within 2 weeks of receipt of the notice to proceed.
Milestones Completion Date
1. Agreement on best biosolids alternative November 2013
2. Completed decision model based on E/C evaluation November 2013
3. Palo Alto Council Meeting Presenting Recommendation February 2014
4. Final Biosolids Facility Plan Report June 30, 2014
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EXHIBIT “C”
COMPENSATION
The CITY agrees to compensate the CONSULTANT for professional services performed in
accordance with the terms and conditions of this Agreement, and as set forth in the budget
schedule below. Compensation shall be calculated based on the hourly rate schedule attached
as exhibit C-1 up to the not to exceed budget amount for each task set forth below.
The compensation to be paid to CONSULTANT under this Agreement for all services
described in Exhibit “A” (“Basic Services”) and reimbursable expenses shall not exceed
$405,586.00. CONSULTANT agrees to complete all Basic Services, including reimbursable
expenses, within this amount. In the event CITY authorizes any Additional Services, the
maximum compensation shall not exceed $16,092.00. Any work performed or expenses
incurred for which payment would result in a total exceeding the maximum amount of
compensation set forth herein shall be at no cost to the CITY.
CONSULTANT shall perform the tasks and categories of work as outlined and budgeted
below. The CITY’s Project Manager may approve in writing the transfer of budget amounts
between any of the tasks or categories listed below provided the total compensation for Basic
Services, including reimbursable expenses, does not exceed $405,586.00 and the total
compensation for Additional Services does not exceed $16,092.00.
TASK NOT TO EXCEED AMOUNT
Task 1 Meetings and Administration $18,985.00
Task 2 Develop and Define Planning Criteria $47,840.00
Task 3 Screen for Viable Alternatives $44,482.00
Task 4 Alternative Analysis $82,122.00
Task 5 Coordination with Energy / Compost Facility Evaluation Consultant $34,026.00
Task 6 Financial Plans $15,918.00
Task 7 Community Outreach $41,475.00
Task 8 Biosolids Facility Plan Report $33,659.00
Task 9 Project Management $45,050.00
Task 10 Scope of Work for CEQA Environmental Review $10,420.00
Task 11 Dewatering / Truck Loadout Facility Predesign Report $31,609.00
Sub-total Basic Services $405,586.00
Additional Services (Not to Exceed) $16,092.00
Maximum Total Compensation $421,678.00
REIMBURSABLE EXPENSES
The administrative, overhead, secretarial time or secretarial overtime, word processing,
photocopying, in-house printing, insurance and other ordinary business expenses are included
within the scope of payment for services and are not reimbursable expenses. CITY shall
reimburse CONSULTANT for the following reimbursable expenses at cost.
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A. Travel shall be reimbursed at actual cost without markup.Travel outside the San Francisco
Bay area, including transportation and meals, will be reimbursed at actual cost subject to the
City of Palo Alto’s policy for reimbursement of travel and meal expenses for City of Palo Alto
employees.
B. Delivery costs, outside printing, and postage charges are reimbursable at actual cost.
All requests for payment of expenses shall be accompanied by appropriate backup
information. Any expense anticipated to be more than $1,000.00 shall be approved in advance
by the CITY’s project manager.
ADDITIONAL SERVICES
The CONSULTANT shall provide additional services only by advanced, written
authorization from the CITY. The CONSULTANT, at the CITY’s project manager’s request,
shall submit a detailed written proposal including a description of the scope of services,
schedule, level of effort, and CONSULTANT’s proposed maximum compensation, including
reimbursable expense, for such services based on the rates set forth in Exhibit C-1. The
additional services scope, schedule and maximum compensation shall be negotiated and
agreed to in writing by the CITY’s Project Manager and CONSULTANT prior to
commencement of the services. Payment for additional services is subject to all requirements
and restrictions in this Agreement
Work required because the following conditions are not satisfied or are exceeded shall be
considered as additional services:
1. Additional meetings with the community
2. Additional working meetings
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EXHIBIT “C-1”
HOURLY RATE SCHEDULE
See attached CH2M HILL rate schedule.
EXHIBIT C-1 - HOURLY RATE SCHEDULE
PALO ALTO BIOSOLIDS FACILITY PLAN RFP #147733
CH2M HILL
Person Role Hourly Rate
Dave Green Project Manager $249.00
Susan Dennis Asst. Project Manager $236.00
Dru Whitlock Technical Lead $205.00
Peter Burrowes Biogassification Expert $268.00
Tom Kraemer Integrated Waste Expert $249.00
Steve Jenkins Integrated Waste Expert-Gasification $249.00
Dave Oerke Dewatering Expert $249.00
Todd Williams Composting Expert $249.00
Tim Bauer Biosolids Drying Expert $205.00
Brett Riestead Mechanical Lead $176.00
Scott Cowden Odor Control Expert $205.00
Robert Lawson Cost Estimating Lead $205.00
Kathy Rosinski Sr. Professional II $196.00
TBD - design Project Professional 1 $152.00
TBD - design Engineering Technician $148.00
Leswin D'Cunha Staff Engineer $129.00
Meagan L-Bishop Editor $110.00
Administration Project Assistant $88.00
Project Accounting Project Accountant $88.00
RMC
Person Role Hourly Rate
David Richardson Financial Lead $265.00
Natalie Sierra Regulatory Lead $200.00
Marc Nakamoto Technical Analysis Lead $219.00
Robin Cort Environmental/CEQA Lead $225.00
Administration Admin and Graphics and Accounting $95.00
1. Rates include, direct labor costs, overhead rate elements and fee.
2. Rates are valid through June 30, 2014
3. Subconsultant rates do not include mark-ups
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EXHIBIT “D”
INSURANCE REQUIREMENTS
CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE CONTRACT
OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES
WITH AM BEST’S KEY RATING OF A-:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN
THE STATE OF CALIFORNIA.
AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AS SPECIFIED, BELOW:
MINIMUM LIMITS
REQUIRED TYPE OF COVERAGE REQUIREMENT EACH
OCCURRENCE AGGREGATE
YES
YES
WORKER’S COMPENSATION
EMPLOYER’S LIABILITY
STATUTORY
STATUTORY
YES
GENERAL LIABILITY, INCLUDING
PERSONAL INJURY, BROAD FORM
PROPERTY DAMAGE BLANKET
CONTRACTUAL, AND FIRE LEGAL
LIABILITY
BODILY INJURY
PROPERTY DAMAGE
BODILY INJURY & PROPERTY DAMAGE
COMBINED.
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
YES AUTOMOBILE LIABILITY, INCLUDING
ALL OWNED, HIRED, NON-OWNED
BODILY INJURY
- EACH PERSON
- EACH OCCURRENCE
PROPERTY DAMAGE
BODILY INJURY AND PROPERTY
DAMAGE, COMBINED
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
YES
PROFESSIONAL LIABILITY, INCLUDING,
ERRORS AND OMISSIONS,
MALPRACTICE (WHEN APPLICABLE),
AND NEGLIGENT PERFORMANCE
ALL DAMAGES $2,000,000
YES THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONTRACTOR, AT ITS SOLE COST AND EXPENSE,
SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT
AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONTRACTOR AND ITS SUBCONSULTANTS,
IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’ COMPENSATION, EMPLOYER’S LIABILITY AND PROFESSIONAL
INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL 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. CITY
APPROVES CH2M HILL’S PROFESSIONAL LIABILITY DEDUCTIBLE OF $750,000 AND
COMMERICAL GENERAL LIABILITY DEDUCTIBLE OF $500,000, WHICH EXCEED THE CITY’S
STANDARD $5,000 DEDUCTIBLE REQUIREMENT.
II. CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE.
III. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO “ADDITIONAL
INSUREDS”
A. PRIMARY COVERAGE
WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS
AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY OTHER
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INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS.
B. CROSS LIABILITY
THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY SHALL
NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER, BUT THIS
ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF
THE COMPANY UNDER THIS POLICY.
C. NOTICE OF CANCELLATION
1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER
THAN THE NON-PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY
AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF
CANCELLATION.
2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT
OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A TEN (10) DAY
WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
NOTICES SHALL BE MAILED TO:
PURCHASING AND CONTRACT ADMINISTRATION
CITY OF PALO ALTO
P.O. BOX 10250
PALO ALTO, CA 94303