HomeMy WebLinkAboutStaff Report 3456City of Palo Alto (ID # 3456)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 4/1/2013
City of Palo Alto Page 1
Summary Title: Approval of Contract for Los Altos Treatment Plant
Title: Approval of a Contract with Geosyntec Consultants in the Total Amount
of $241,000 for Preliminary Site Remediation Design and Permitting Services
for the Former Los Altos Treatment Plant Located at 1237 North San Antonio
Road (CIP PO-12002)
From: City Manager
Lead Department: Public Works
Recommendation and Draft Motion
Draft Motion: I move that the Council approve and authorize the City Manager or
his designee to execute the attached contract with Geosyntec Consultants
(Attachment A) in a not to exceed amount of $241,000, for consulting services for
the development of an ecological risk assessment,preliminary remediation plans,
CEQA analysis, wetlands mitigation plan and permitting for the former Los Altos
Treatment Plant, including $219,000 for basic services and $22,000 for additional
services.
Executive Summary
The attached contract with Geosyntec Consultants is to provide preliminary
design, CEQA analysis,and permitting services necessary to remediate the former
Los Altos Treatment Plant (LATP) site. The remediation will provide additional
usable property and an enhanced wetland transition area adjacent to the Palo
Alto Baylands. Funds for this project are budgeted under Capital Improvement
Program (CIP) project PO-12002. Construction funds are currently budgeted in FY
2017 however, the construction funding is proposed to move up to FY 2014 in the
upcoming budget approval cycle to remediate the site sooner. Preliminary design
of the site remediation is being performed now to utilize the existing approved
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wetlands delineation that expires in August 2013. Some of the remediation
activities will take place on these wetlands. Completion of the LATP Site
remediation project is a component of the Municipal Services Center (MSC)
Feasibility Study, which will consider alternatives for relocating elements of the
MSC and Animal Services Center, including utilizing the LATP site.
Background
The LATP was previously owned and used by the City of Los Altos as a wastewater
treatment plant. The LATP operated from 1958 until 1972. The LATP and its
associated sludge ponds were abandoned in 1972 when the Los Altos sanitary
sewer system was connected to the Palo Alto Regional Water Quality Control
Plant. Upon closure of the LATP, many of the buildings were removed. A half
interest of the property was purchased by Palo Alto in 1984 with the intent of
developing solid waste facilities on the site. In 2008, the City of Palo Alto
purchased the remaining half interest from the City of Los Altos for approximately
$6.5 million.Shortly after that, it was annexed into the City of Palo Alto.
Discussion
The LATP is a 13.26 acre site that has been divided into three areas based on
current condition:
Area A (4.0 acres) is undeveloped and currently consists of non-
native grasslands on top of fill material and brackish marsh along the
perimeter of a remnant slough channel. It is separated from Area B
by a levee;
Area B (6.64 acres) is the site of the former treatment plant facility
with abandoned structures and six former wastewater treatment
ponds; and
Area C (2.62 acres) is at a higher elevation than the other areas and
has numerous short-term leases to various contractors for
construction staging and storage.
Areas B and C are directly adjacent to the Bayview Business Park that is
currently owned by Google.
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The LATP site has undergone an extensive remedial investigation to characterize
the environmental conditions,and a two-part risk assessment has been approved
by the San Francisco Bay Regional Water Quality Control Board (RWQCB).The
first part of the risk assessment was prepared exclusively for Area C. No further
action is required for future land uses specified for Area C. The second part of the
risk assessment was prepared for Area A and Area B together. Areas A and B
were found to contain low levels of petroleum hydrocarbons, semi-volatile
organic compounds and metals likely resulting from the previous use as a sewage
treatment plant. A conditional letter of approval for remediation of Areas A and B
was issued by RWQCB and is the nexxus for the subject contract. The
recommended and approved environmental remediation method for Area B is to
encapsulate the land and former treatment ponds under imported fill.
The City has previously committed to leaving Area A undeveloped open space and
using this area as wetlands mitigation acreage for Area B wetlands filling and
development. No further action is required on Area C; however,additional fill
may be desirable to elevate the property above base flood elevations (BFE).Some
of the existing abandoned sludge ponds on Area B along with parts of Area A have
been delineated as waters of the U.S. A Jurisdictional Waters and Wetland report
was certified by the U.S. Army Corps of Engineers (USACE) in August 2008. The
certification expires in August 2013. The subject contract is structured to obtain
permits prior to that expiration or obtain an extension from USACE.
Additionally, the State Water Resources Control Board is in the process of
changing its policy on wetland protection. Information on the draft Wetland Area
Protection Policy (WRAPP) is available at
http://www.waterboards.ca.gov/water_issues/programs/cwa401/wrapp.shtml.
It is not certain how this draft policy would affect the remediation design or
wetlands mitigation. The proposed wetland definition under WRAPP might result
in a larger wetland delineation if the current approved delineation is allowed to
expire. Such a scenario would result in the need for additional mitigation area,
and therefore potentially less future usable area on the LATP site.
A community meeting will be held in the early stages of the project to explain the
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project background and scope and to solicit public input on the City’s approach to
remediating the LATP site that includes enhancing and preserving the wetlands in
Area A. The current wetlands delineated in Area B would be eliminated by the
remediation.
Summary of Solicitation Process
On November 15, 2012, the City of Palo Alto issued a request for proposals (RFP)
seeking a consultant to evaluate the historical site information, generate plans
and specifications for demolition and remediation work to cap the site, develop a
wetlands impact mitigation and monitoring plan, and work with all applicable
oversight agencies to establish permits for the site work.
A notice requesting proposals for the project was posted at City Hall and sent to
twelve consulting firms. The response period was 19 days. Proposals were
received from two qualified consultants on December 18, 2012.
Summary of Solicitation Process
Proposal Description/Number Los Altos Treatment Plant (LATP) Site
Remediation Design and Permitting /RFP
#148320
Proposed Length of Project 12 months
Number of Proposals Mailed 12
Total Days to Respond to
Proposal
19
Pre-proposal Meeting Date December 4, 2012
Number of Proposals
Received:
2
Range of Proposal Amounts:$195,967 to $324,313
An evaluation committee consisting of four staff members reviewed the proposals
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to ensure that the firm was responsive to the criteria identified in the RFP.
The criteria used to select the recommended firm included:
·Quality and completeness of proposal;
·Quality, performance and effectiveness of the solution and services to be
provided by the Proposer;
·Proposer‘s experience, including the experience of staff to be assigned to
the project, the with engagements of similar scope and complexity;
·Cost to the city;
·Proposer’s financial stability;
·Proposer’s ability to perform the work within the time specified;
·Proposer’s prior record of performance with city or others;
·Proposer’s ability to provide future maintenance, repairs parts and/or
services; and
·Proposer’s compliance with applicable laws, regulations, policies (including
City Council policies), guidelines and orders governing prior or existing
contracts performed by the contractor.
Based on these criteria, Geosyntec Consultants was determined the best rated
proposer. Geosyntec was selected because of its innovations, experienced
project staffing, understanding of project requirements, relevant project
experience, and knowledge of project solutions.
Timeline
Following approval of this contract, Geosyntec Consultants will begin work as
indicated in the scope of services. The project is expected to be complete within
12 months after commencing.
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Resource Impact
Funding for this contract is budgeted in Capital Improvement Program project PO-
12002 (Los Altos Treatment Plant Site Development Preparation and Security
Improvements). The purchase price of the property was discounted to account
for the remediation costs.
Policy Implications
This project does not represent any change to existing City policies.
Environmental Review
The City of Palo Alto is the lead agency for this project under the California
Environmental Quality Act (CEQA). The remediation planned will impact a
delineated wetlands and will require CEQA review. Staff expects that a mitigated
negative declaration will be required. It is also possible the remediation could be
exempted from CEQA under Section 15330 for minor cleanup actions. However,
the exemption is limited to remedial actions costing $1 million or less. The staff
cost estimate for the remediation is currently over $1 million. A more detailed
cost estimate will be prepared with the preliminary plans.
On March 6,2000, the Palo Alto City Council approved an Environmental Impact
Report (EIR) for a proposed project on the LATP that consisted of developing a
facility for a refuse collection contractor, a permanent household hazardous
waste facility and a construction storage yard for the Utility Department. Area C
became a temporary storage yard,but no work ever commenced on Areas A or B.
Plans for the other facilities were abandoned at that time.
Attachments:
·A -C13148320_Goesyntec Consultants_LATP Remed Design (PDF)
CITY OF PALO ALTO CONTRACT NO. C13148320
AGREEMENT BETWEEN THE CITY OF PALO ALTO AND
FOR PROFESSIONAL SERVICES
This Agreement is entered into on this day of April, 2013, ("Agreement") by
and between the CITY OF PALO ALTO, a California chartered municipal corporation ("CITY"), ,
and GEOSYNTEC CONSULTANTS, a Florida Corporation, located at 595 Market Street, Suite
610, San Francisco, CA 94105 ("CONSULTANT").
RECITALS
The following recitals are a substantive portion of this Agreement.
A. CITY intends to demolish structures related to a former sewage treatment system, encapsulate
former treatment ponds with fill, and mitigate wetland impacts at 1237 San Antonio Road, Palo Alto,
CA94303 ("Project") and desires to engage a consultant to provide conceptual design documents,
CEQA analysis, and obtain regulatory permits in connection with the Project ("Services").
B. CONSULTANT has represented that it has the necessary professional expertise,
qualifications, and capability, and all required licenses andlor 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.
o Optional On-Call Provision (This provision only applies if checked and only applies to on-call
agreements. )
Services will be authorized by the City, as needed, with a Task Order assigned and approved by the
City's Project Manager. Each Task Order shall be in substantially the same form as Exhibit A-I.
Each Task Order shall designate a City Project Manager and shall contain a specific scope of work, a
specific schedule of perforn1ance and a specific compensation amount. The total price of all Task
Orders issued under this Agreement shall not exceed the amount of Compensation set forth in
Section 4 ofthis Agreement. CONSULTANT shall only be compensated for work performed under
an authorized Task Order and the City may elect, but is not required, to authorize work up to the
maximum compensation amount set forth in Section 4.
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.
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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 damages
for delay if the extension is required due to the fault of CONSUL TANT.
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SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to
CONSULTANT for performance ofthe Services described in Exhibit "A", including both payment
for professional services and reimbursable expenses, shall not exceed two hundred nineteen
thousand Dollars ($219,000.00). In the event Additional Services are authorized, the total
compensation for services and reimbursable expenses shall not exceed two hundred forty-one
thousand Dollars ($241,000.00). The applicable rates and schedule of payment are set out in Exhibit
"C-l", 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-l "). If applicable,
the invoice shall also describe the percentage of completion of each task. The information in
CONSUL TANT' 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.
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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.
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 CONSUL TANT 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. Ifthe 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.
DOption 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.
00ption 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. Philip Williams Associates (ESA PWA)
2. Arcadis
CONSUL T ANT shall be responsible for directing the work of any sub consultants and for any
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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
sub consultant. CONSULTANT shall change or add sub consultants only with the prior approval of
the city manager or his designee.
SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Gordon Thrupp as
the associate-in-charge to have supervisory responsibility for the performance, progress, and
execution of the Services and Ryan Seelbach as the project manager to represent CONSULTANT
during the day-to-day work on the Project. If circumstances cause the substitution of the project
director, project coordinator, or any other key personnel for any reason, the appointment of a
substitute project director and the assignment of any key new or replacement personnel will be
subject to the prior written approval of the 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 Matt Raschke, Public Works Department, Engineering Services
Division, 250 Hamilton Ave., 6th Floor, Palo Alto, CA 94303, Telephone: (650) 496-5937. 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.
IZI[Option A applies to the following design professionals pursuant to Civil Code Section
2782.8: architects; landscape architects; registered professional engineers and licensed
professional land surveyors.] 16.1. To the fullest extent permitted by law, CONSULTANT shall
protect, indemnify, defend and hold harmless CITY, its Council members, officers, employees and
agents (each an "Indemnified Party") from and against any and all demands, claims, or liability of
any nature, including death or injury to any person, property damage or any other loss, including all
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costs and expenses of whatever nature including attorneys fees, experts fees, court costs and
disbursements ("Claims") that arise out of, pertain to, or relate to the negligence, recklessness, or
willful misconduct of the CONSULTANT, its officers, employees, agents or contractors under this
Agreement, regardless of whether or not it is caused in part by an Indemnified Party.
D [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
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 tenn, 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
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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
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. CONSUL T ANT 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, ifthis 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 ofhislher 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.
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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
To CONSULTANT: Attention of the project director
at the address of CONSULTANT recited above
SECTION 21. CONFLICT OF INTEREST.
21.1. In accepting this Agreement, CONSULTANT covenants that it presently has
no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would
conflict in any manner or degree with the performance of the Services.
21.2. CONSULTANT further covenants that, in the performance ofthis 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 ofthe 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. CONSULT ANT shall comply with waste
reduction, reuse, recycling and disposal requirements ofthe City's Zero Waste Program. Zero Waste
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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 3 0% or greater post-consumer content paper, unless otherwise approved
by the City's Project Manager. Any submitted materials printed by a professional
printing company shall be a minimum of30% or greater post-consumer material and
printed with vegetable based inks.
• Goods purchased by Consultant on behalf of the City shall be purchased in
accordance with the City's Environmental Purchasing Policy including but not
limited to Extended Producer Responsibility requirements for products and
packaging. A copy of this policy is on file at the Purchasing Office.
• Reusable/returnable pallets shall be taken back by the Consultant, at no additional
cost to the City, for reuse or recycling. Consultant shall provide documentation from
the facility accepting the pallets to verify that pallets are not being disposed.
SECTION 24. NON-APPROPRIATION
24.1. This Agreement is subject to the fiscal provisions ofthe 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 ofthis Agreement will apply
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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 ofthe system or in the security
of the Personal Information. CONSULTANT shall not use Personal Information for direct marketing
purposes without City's express written consent.
II
II
II
II
II
II
II
II
II
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Professional Services
Rev. June 2, 2010
25.9 All unchecked boxes do not apply to this agreement.
25.10 The individuals executing this Agreement represent and warrant that they
have the legal capacity and authority to do so on behalf of their respective legal entities.
IN WITNESS WHEREOF, the parties hereto have by their duly authorized
representatives executed this Agreement on the date first above written.
CITY OF PALO ALTO GEOSYNTEC CONSULTANTS
City Manager
APPROVED AS TO FORM:
Senior Asst. City Attorney
Attachments:
,
EXHIBIT "A":
EXHIBIT "B":
EXHIBIT "C":
EXHIBIT "C-1 ":
EXHIBIT "D":
SCOPE OF WORK
SCHEDULE OF PERFORMANCE
COMPENSATION
SCHEDULE OF RATES
INSURANCE REQUIREMENTS
10
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Rev. June 2, 2010
EXHIBIT" A'.'
SCOPE OF SERVICES
The Los Altos Treatment Plant (LATP) facility is a 13.2 acre property located at 1237 San Antonio
Road, Palo Alto, CA 94303. It is owned by the City of Palo Alto and is divided into three areas:
• Area A: 4 acres of undeveloped land with a narrow slough, wetlands, and an area with
fill. The City plans to remove the fill and restore the wetlands of Area A.
• Area B: 6.6 acres, which is the site of the former LAWTP. Area B currently contains a
small abandoned building, clarifier tank, and six abandoned sludge ponds.
• Area C: 2.6 acres that are used for storage of equipment the City and contractors.
The LATP is close to the margin of San Francisco Bay and is underlain by fill and unconsolidated
Bay Mud. Tidally influenced sloughs and wetlands are present on in the northern portion of the site
(Area A) and to the west and north. For most of the Site, the upper several feet of soil are imported
fill. Groundwater is within a few feet of the ground surface, and is expected to generally flow
northward toward the Bay. Groundwater quality is expected to be poor due to high total dissolved
solids (TDS), and is not a viable potential source of drinking water.
Environmental conditions of the site are well characterized. Chemical constituents of soil, sludge,
surface water, and groundwater were analyzed as and reported for environmental investigations
conducted in 1990, 1991,2000,2007, and 2008. Analytical results are available for samples have
been collected at more than eighty locations. Low levels of several metals were detected in much of
the soil, sludge and in some of the water samples. Localized areas with low levels of semi-volatile
and volatile organic compounds (SVOCs and VOCs) were also present. Based on environmental
characterization and risk assessment (Geosyntec, Oct 2009), the Water Board authorized no further
action for Area C (RWQCB, Feb 2010).
Geosyntec determined that previous cost estimates for remediation of Area B of the LA TP, which
included excavation and removal of large quantities of soil, were based on outdated EPA 1995
guidelines for "reactive sulfides", which were rescinded by EPA in 1998.
Geosyntec developed a site-specific risk-based conceptual plan for reclamation of Area B by capping
the impacted soil in conjunction with plans to raise the base grade meet FEMA flooding guidelines,
and restoration of wetlands in Area A to meet mitigation requirements for the reclamation of Area B.
The SF RWQCB granted conditional approval of Geosyntec's environmental assessment and
conceptual plan for reclamation by capping Area B and compensatory wetlands restoration of Area
A, pending a workplan for the reclamation and restoration and an associated data quality plan and
ecological risk assessment.
The City currently does not have specific development plans for Areas Band C, however, we
understand the City wants to maximize the useable area of Area B. Some ofthe existing abandoned
sludge ponds on Area B along with parts of Area A have been delineated as waters ofthe u.S. A
Jurisdictional Waters and Wetland report was certified by the U.S. Army Corps of Engineers
(ACOE) in August 2008. The certification expires in August 2013.
A key constraint on the development plan of Area B is the requirement to raise the base grade of any
11
S;\ASD\PURCH\SOLICIT A nONS-CURRENT BUYER-CM FOLDERS\PW -JOHN M\ContractS>.FY2013
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Contract!llC 13148320_ Geosyntec _LA TP Remediation Desi~ 13148320_ Goesyntec Consultants_LA TP Remed DesignRev3.doc
area with proposed structures to 8 feet above mean sea level (MSL) to comply with FEMA flood
protection requirements. As addressed in the RFP, clean fill form local construction sites may be
available for no cost, or ideally another construction project would pay the City to take fill at the
LATP facility. However, the potential cost to raise the base grade to comply with FEMA
requirements needs to be considered to ensure that development plans are feasible.
The City plans to restore wetlands in Area A to mitigate for the proposed filling of wetlands in Area
B. Based on the ACOE's 2008 delineation of wetlands and waters of the US. The total area of
wetlands is ~0.5 acres in Area B along portions ofthe margins ofthe sludge ponds and ~O. 7 acres in
Area A. Restoration of all of Area A as wetlands would add ~3.3 acres of new wetlands, which
would be a mitigation ratio ~6.6 to 1 relative to the ~0.5 acres that would be reclaimed in Area B.
This restoration ratio is likely more than sufficient for acceptance by regulatory agencies; however
the ACOE certification of the wetland delineation expires in August 2013.
Project Objectives
The primary objectives for this phase of work at the LATP are
1. Develop preliminary plans and obtain regulatory approval and permits for
reclamation/development of Area B and wetlands restoration in Area A to mitigate filling
of wetlands in Area B;
2. Prepare an Initial Study (IS) and if appropriate, a Mitigated Negative Declaration
(MND) in accordance with the CEQA Guidelines;
3. Submit applications for regulatory permits for the reclamation and restoration based on
the current ACOE designation before the designation expires August 2013.
A future phase of work may consist of the preparation of construction documents including detailed
plans and bid specifications for the demolition in Area B, earthwork for reclamation/development of
Area B, and wetlands restoration in Area A. Ifsuch future work becomes permissible, City of Palo
Alto may issue a contract amendment to Geosyntec forthe additional scope.
The scope of work for the contract is presented below.
Task 1. Review Information
The first task includes
• Review of existing information regarding environmental conditions of the LATP and
vicinity.
• Discussion the conceptual reclamation and restoration plans with agencies and obtaining
feedback prior to preparing the preliminary plans;
• Preparing a "Basis of Design" technical memorandum documenting agency input
including wetland mitigation ratios. Agency correspondence and/or minutes from
meetings or phone calls with agency staff shall be attached to the memorandum for
reference.
PAGE 3 OF 27
Geosyntec compiled the available data for the LA TP for the environmental assessments and risk
assessments conducted for Area C (Geosyntec, 2009) and Areas A & B (Geosyntec 2011).
Therefore, Geosyntec has already completed much of the data information review.
We will review the previous studies conducted at the site to better understand the subsurface
geotechnical conditions. The stratigraphy, compressibility, and shear strength of the underlying
sediments will be evaluated. This data will be taken into account for the design of the grades in Area
B and the constructed wetlands in Area A, and the possible construction of a new levee between
Areas A and B. Given the number of studies previously conducted, we assume that only a limited
field investigation and laboratory testing program, as described in Task 2, will be needed for this
work in order to confirm key existing data and fill limited data gaps. If, after our review the existing
information, it is determined that a more extensive field investigation and geotechnical lab testing
program is needed, we will inform the City of the additional effort required and will submit a
supplemental cost estimate.
We will also conduct additional review of adjacent wetlands, examples of other wetland mitigation,
and discuss options and requirements with the City and regulatory agencies prior to preparing the
"Basis of Design" technical memo.
Early consultation with regulatory agencies is important to determine (a) if the proposed wetland
restoration in Area A is acceptable to obtain a Clean Water Act (CWA) Section 404 permit! from
ACOE to mitigate the reclamation of wetlands necessary to development Area B. This policy,
adopted in 1993, established state guidelines for wetlands conservation. The primary goal is to
ensure no overall net loss and to achieve a long-term net gain in the quantity, quality, and
permanence of wetland acreage in California. A mitigation ratio of greater than 6, which would be
achieved by wetland restoration of Area A, is consistent with the policy.
Geosyntec will also prepare a Technical Memorandum describing the general steps and processes
necessary for alternate future uses of the site. The current risk assessment and remediation
methodology are based on commercial/industrial use of the site (specifically an Animal Shelter, a
material storage and transfer station, and temporary construction staging for local contractors). The
Technical Memorandum should document the additional reports, studies, and approvals necessary
for alternate site uses including, but not limited to the following:
• Car Dealerships
• K-12 Schools
• Community Colleges
• HotelslMotels
• Offices/R&D
• Warehouse
• Fleet and vehicle repair facilities
• General Retail
The main purpose of the Technical Memorandum is to disclose the information for potential lessees
or future buyers of the property. The Technical Memorandum should suggest possible new
PAGE 4 OF 27
subdivision or parcel lines that could facilitate alternate future uses with minimum additional
remedial investigation, studies or approvals.
Task 2. Preliminary Plans
Task 2, which follows the review of information and discussion of conceptual plans and mitigation
requirements with the agencies, comprises the following scope of work:
• Conducting a limited geotechnical investigation and analysis.
• Geotechnical analysis and preparation of preliminary plans and specifications, and
schedule and cost estimates for reclamation (capping) of Area B and wetlands restoration
of Area A.
• Analysis of wetlands restoration options and constraints.
• Preparation a remediation workplan to manage risk of exposure of construction workers
to chemicals in the sludge in Area B.
• Submission of preliminary plans as a draft to regulatory agencies and revision of the
plans based on comments and discussion the agencies.
• Finalizing the preliminary plans and preparing an ecological risk assessment for the
proposed reclamation and wetlands restoration.
• Preparing a data quality plan for collection of supplementary data to evaluate the
ecological risk of the restoration in accordance with the R WQCB requests.
We propose to precede the preliminary design with a limited geotechnical field investigation and
laboratory testing program, which will be followed by a geotechnical analyses, preliminary grading
design, and permit-level drawings and technical specifications.
Proposed Geotechnical Investigation
Geosyntec proposes to advance four to six geotechnical borings; one or two near the middle of Area
B, two along the possible alignment of the levee between Areas A and B, and one or two at the
location where Area A will be connected to the adjacent wetlands. Each boring will be advanced no
more than 50 feet below grade and samples will be obtained every five feet. Upon completion of the
borings, each hole will be backfilled in accordance with the requirements of the Santa Clara Valley
Water District.
Geotechnical samples will be sent to Cooper Testing Laboratory in Palo Alto ·for geotechnical
testing. In-place density, compaction characteristics, Atterberg limits, sieve analyses, consolidation,
and triaxial compression testing will be performed to characterize the engineering properties of the
underlying soil and to index the results of the current investigation with those from the previous soil
borings and geotechnical studies at the site.
Wetlands Restoration Analysis and Preliminary Design
The lands surrounding the LATP site (the Coast Casey basin, the Palo Alto Baylands, Charleston
PAGE 5 OF 27
Slough, and Ponds A 1 and A2W) all support broad swaths of vegetated marsh, unvegetated mudflat,
and shallow open water that host a wide variety of resident and migrant shorebirds and waterfowl.
The restoration of tidal wetlands within Area A of the LATP site presents an opportunity to not only
mitigate for the impacts of wetland fill within Area B, but to expand the local footprint of these
productive wetland, mudflat, and open water habitats. At the same time, the location of the site
within diked bay lands at the confluence of multiple flood control projects means that any effort to re
introduce tidal flows (even if they are muted or otherwise managed in some way) must consider the
potential effects of local flood management as well as future sea level rise. These types of multi
objective wetland restoration projects are common in and around San Francisco Bay.
The feasibility of wetland restoration in Area A is governed by multiple design elements. We will
consider these elements in order to develop a preliminary design that is suitable for review by the
City of Palo Alto, various stakeholders, and regulatory agencies such as the US Army Corps of
Engineers, US Fish and Wildlife Service, California Dept. ofFish and Game, Bay Conservation and
Development Commission (BCDC), and others. These design elements include:
• Mitigation ratios and habitat types. Early consultation with regulatory agencies is
important to determine acceptable wetland mitigation ratios and identify target habitat
structures (emergent tidal marsh, mudflat, open water) and wildlife communities
(shorebird foraging, waterfowl roosting, etc.) that will guide the development of the
restoration design.
• Site elevations and locally managed water surface elevations. To restore tidal
wetland habitats, processes, and functions, the ground surface elevations in the higher
portions of Area A need to be lowered such that they are comparable with the water
surface elevations (WSEs) that are maintained in the adjacent flood management basins
to which Area A could be connected. Based on our preliminary assessment, the lower
(wetland) portions of Area A appear to be at -0 ft NA VD, while higher (upland) areas are
-+5 ft NA VD. The adjacent Palo Alto Flood Basin (Baylands Park) is managed such
that it has a maximum WSE of +0.7 ft NAVD in the summer (with -1 foot oftidal
fluctuation) and +0.5 ft NAVD in the winter (per a Palo Alto Flood Basin operations
memo). The adjacent City of Mountain View's Coast Casey Flood Basin is non-tidal, but
WSEs in that basin during non-flood periods appear to fluctuate around 0 or + 1 ft
NAVD. The target elevation range to which Area A would be graded for wetland
restoration will depend in part on which flood management basin is most feasible for
connection to Area A.
• Hydraulic connectivity to surrounding flood basin wetlands. Although it would
likely be the most straightforward to hydraulically connect Area A with the adjacent
slough and wetlands in the Flood Basin to the northwest in Palo Alto Baylands Park,
there might be advantages (habitat, flood control, mosquito control) to connecting to the
City of Mountain View's Coast Casey Flood Basin. The type of hydraulic connection (1-
way vs. 2-way, culvert vs. breach) can also influence the evolution of wetland habitats
and management outcomes. We will work with the City and facilitate input from City of
Mountain View, the Santa Clara Valley Water District, the US Army Corps of Engineers,
and other local flood management stakeholders to identify which flood basin is preferred
PAGE 6 OF 27
and most cost effective for a connection to Area A, and what sort of hydraulic connection
would be best for both flood control and habitat restoration purposes.
• Sea level rise. Current guidance from BCDC describes an anticipated sea level rise in
San Francisco Bay of 16 inches by 2050, and 55 inches by 2100. We will address
projections of rising sea levels in our design and permitting documents for the wetlands
restoration and reclamation of the former LA TP. This is discussed further in the
Proposed Innovations Section below.
Geotechnical Analysis and Preliminary Design
We will use the geotechnical information to evaluate the future settlement potential and slope
stability of the proposed design for remediation/reclamation-development of Area B and wetlands
restoration of Area A. Of particular importance is the long term potential for settlement of the fill
within Area B and potential impacts of settlement on future site development and maintaining
adequate long-term flood protection. Slope stability will be a key design consideration for the
construction of the levee (or fill slope) that separates Area B from Area A. Results of the
geotechnical analyses and analyses of wetlands restoration options will be incorporated into the
permit-level grading design for reclamation of Area B and wetlands restoration of Area A.
Geosyntec will prepare a preliminary design package for regulatory review which will include
permit-level drawings, technical specifications, and a design basis report. For cost estimating
purposes, Geosyntec assumes that one permit -level design will be prepared with two minor revisions
based on regulatory comment. If through the permitting process, any major revisions to the design
are requested by the permitting agencies, Geosyntec will advise the City if additional budget is
needed to re-design the project.
Preliminary example illustrations are provided below of the current condition and the extent of
excavation potentially needed to restore wetlands in Area A with a connection to the Palo Alto
Baylands Park.
.•• ~@
Filledto·cap'$,tiil~~ponds and Raise Base Grade
; ". "//-." < •
Potential Extent of Excavation to Restore Wetlands in Area A
PAGE 7 OF 27
Ecological Risk Assessment
As requested by the SF R WQCB (May 2011) in their conditional approval of the Environmental
Assessment and conceptual plan for remediation and wetlands restoration (Geosyntec, May, 2011),
we will prepare an ecological risk assessment (ERA) to evaluate potential unacceptable risk to
ecological receptors from exposure to constituents of potential concern (COPCs) in soil from Area A
based on the proposed final site configuration. The constituents of interest (COls) in Area A are
assumed to be metals, polychlorinated biphenyls (PCBs), total petroleum hydrocarbons (TPH), and
organochlorine pesticides.
The ERA will follow appropriate state and federal guidance to identify the potential ecological
receptors, COPCs from the COls, and develop a conceptual site model (CSM). To identify COPCs,
site data from Area A will be screened using appropriate benchmarks and background/reference area
data. For our scope of work and cost proposal, we have assumed that available site data will be
adequate for this scope of work. If data are not found to be adequate, an updated cost proposal will
be provided to the City collect supplementary data prior to implementing the ERA.
Ecological receptors could include ecological communities (plants, invertebrates) and wildlife
(mammals and birds) that are likely to be present at the site. We will estimate exposure point
concentrations/dose using site soil data and exposure parameters from available literature/guidance
documents. We will calculate risks to ecological receptors using appropriate benchmarks/toxicity
reference values available in literature/guidance documents that are protective of ecological receptor
populations. The risk characterization will include discussion of the quantitative risk estimates,
qualitative weight of evidence, and key uncertainties to draw conclusions. The ERA will include a
discussion of the methodology, results, and conclusions, and supporting tables and figures. In
addition, the ERA will recommend maximum allowable levels for COPCs for comparison to post
restoration confirmation sampling and assuming soil from Area A can be used as fill in Area B based
on applicable state and federal regulations.
Task 3. CEQA Environmental Analysis and Regulatory Permitting
We will prepare an Initial Study (IS) for the project in accordance with the CEQA Guidelines
(Section 15063). The "project" is defined as the earthwork for reclamation/development of Area B,
and wetlands restoration in Area A.
Preliminary review of the project suggests that a Mitigated Negative Declaration (MND) for the
remedial activities and the wetlands restoration would be appropriate. In the event than an EIR is
required, ESA will prepare a separate scope and cost estimate for a project level EIR.
If the IS finds that potential significant adverse impacts could be mitigated to a level of
insignificance, we will prepare a MND that will be submitted with the IS. The City as the lead
agency for CEQA review will make the final determination about whether a MND is appropriate for
the project.
We will work closely with the applicable regulatory agencies to streamline and focus other
documentation required for evaluation and permitting of the proposed reclamation and development
of Area B and wetlands restoration as mitigation in Area A. Preparation of additional assessments
and permitting documents will be conducted as part of Task 3.
PAGE 8 OF 27
The Task 3 budget assumes 4 meetings with regulatory agencies and the City.
Task 3.1 Prepare Administrative Draft IS (and MND if Appropriate)
We will prepare an Administrative Draft IS forreview by City staff. The IS (and MND) will include:
• a detailed project description;
• description of setting and location, and a map;
• name of the project proponent;
• An assessment of seventeen potential environmental issues associated with the proposed
project in accordance with the CEQA environmental checklist form (CEQA Guidelines,
Appendix G) and applicable City standards and state or federal regulations.
This scope of work includes reconnaissance-level environmental surveys; no additional subsurface
investigations, protocol level species surveys, or wetland delineations are included in the proposed
services.
If appropriate based on the IS, we also prepare an Administrative Draft MND for review, which will
include:
• a description ofthe project;
• . commonly used names for the project;
• description of the project location and setting;
• maps of the project location and setting;
• the name of the project proponent;
• a proposed finding that the project will not have a significant effect on the
environment;
• an attached copy of the IS documenting reasons to support the finding;
• proposed mitigation measures, as appropriate, to avoid potentially significant
environmental impacts; and
• a Mitigation Monitoring and Reporting Program to implement any required
mitigation measures
Task 3.2 Prepare Public Review Draft
Upon receipt of written comments from the City on the Administrative Draft IS or (lS/MND) (one
round of comments is assumed), we will revise the IS (or IS/MND) as appropriate, and prepare the
Draft IS (or IS/MND) document for public review. We will also prepare the Notice oflntent (NOI)
to adopt a MND consistent with content requirements set forth in CEQA Guidelines Section
15072(g). Our cost proposal assumes that the City will make all arrangements for printing and
distribution of the document and notice (e.g., to its mailing list recipients, County Clerk's office,
State Clearing House, etc.).
Task 3.3 Prepare Response to Public Comments
Following receipt of comments on the draft public document, we will prepare a written response to
comments. Our estimate for the level of effort for the response to comments is 40 hours.
Task 3.4 Regulatory Permitting
We will work closely with the applicable regulatory agencies to streamline and focus the
supplementary work plans, reports, and other documentation required for evaluation and permitting
of the proposed reclamation and development of Area B and wetlands restoration as mitigation in
Area A.
PAGE 9 OF 27
The level of effort required to obtain regulatory permits is uncertain. Our cost proposal provides the
assumed number of hours and costs for the estimated regulatory permitting effort. Early consultation
and ongoing communication with the applicable regulatory agency personnel will help to streamline
the process and control costs. We will provide preliminary drafts of documents to the City and
regulators and incorporate their comments in final submittals.
Anticipated assessments and likely necessary regulatory permit applications include Biological
Assessment of Sensitive On-Site Habit; RWQCB 401 Water Quality Certification; USACOE
Nationwide Pre-Construction Notification (PCN); San Francisco Bay Conservation and
Development Commission Bay (BCDC); and California Department ofFish and Game.
Tentative Task 4. Construction Documents
Following the approval of the permitting agencies and approval of a contract amendment and
additional budget by Palo Alto City Council, Geosyntec may be requested to prepare a construction
level design and bid package for the remediation/reclamation-development of Area B and wetlands
restoration of Area A. This will involve updating the preliminary design and the production of final
construction drawings and bid documents. The bid documents will include the technical
specifications (Division 2) along with Bid Requirements (Division 0) and General Requirements
(Division 1). In addition to the bid package, the work would include an Engineer's cost estimate for
the City's use in budgeting and evaluating contractor's bids along with a proposed construction
schedule.
The scope of work elements for Tentative Task 4 which were specified by RFP 148320 include:
• Preparation of detailed demolition and construction plans and technical specifications for
bidding purposes.
• Preparation of a conceptual construction schedule and engineers cost estimate.
• A Quality Assurance Project Plan (QAPP), a Health & Safety Plan A Health and Safety plan
to manage risk of exposure of construction workers to chemicals in the sludge in Area B
including possible hydrogen sulfide gas.
• A transportation plan, environmental monitoring plans (e.g. air quality, dust control), and
temporary storm water pollution prevention plan (SWPPP)
• A grading and drainage plan, which will include
o Plans for excavation of soil in Area A to establish wetlands and connection of Area
A (and potentially the northern portion of f}.rea B) to the adjacent slough and
wetlands in the Palo Alto Baylands Park.
PAGE 10 OF 27
·0 Plans and specs for mixing of imported fill to stabilize the sludge in the former
LATP ponds and raising of base grade in Areas B and C to comply with FEMA flood
protection requirements.
o Discussion of options for acceptance of clean fill from local construction sites and
guidelines to ensure the imported soil is cle~n and suitable as subgrade material.
The cost for Tentative Task 4 will be negotiated at a future date if it becomes a viable course of
action for the project.
Tentative Task 5. Optional Supplemental Certification and Confirmation Sampling
As specified by the RFP, this optional supplemental task may be added via a contract amendment if
the construction project is awarded to a Contractor. This would include
• Sampling and analytical services during. the reclamation and restoration work in
accordance with the approved confirmation sampling and data quality plan.
• Guidance for additional excavation if necessary.
• Preparation of a report to certify that cleanup goals have been achieved and request for a
closure letter from the RWQCB.
If needed, our field staff will collect samples of soil, sludge, and water in accordance with the
approved remedial action and monitoring plan to confirm that objectives ofthe remedial action plan
are met. Ifthe project moves forward into construction, this task would be awarded as a contract
amendment.
Project Management and Meetings
Our cost proposal includes budget for up to eight meetings with the City and/or agency staff. For
each meeting we will prepare agendas and make presentations as appropriate. We will make regular
status reports by email to the City and arrange for conference calls or additional meetings as needed.
One of the meetings is assumed to be a public community outreach meeting where we will present
the remedial action and monitoring plan in layman's terms and field questions from the public.
Effective project management, communication, coordination of the consulting team, and
collaboration with the City, the RWQCB, ACOE and other agencies and stakeholders are key
requirements to make this a successful project. A budget of $9,500 is included to cover up to 50
hours of general project coordination, communication and management.
Preliminary Project Schedule
A preliminary schedule for the proj ect is presented on the next page for the scope of work described
in this proposal. The preliminary proposed schedule shows completion of Task 1 two months after
receiving notice to proceed. Task 1 includes preparation of a "Design Basis Memo" documenting
PAGE 11 OF 27
agency input on mitigation ratios, and a memo disclosing information for potential lessees or future
buyers of the property regarding existing risk-based regulatory approval for use of Areas Band C and
potential required additional analyses and permitting for other land uses. The schedule shows
completion ofT ask 2 (Submission of Preliminary Plans suitable for regulatory review including and
geotechnical analysis, reclamation plan for Area B, wetland restoration analysis, ecological risk
assessment) four months after notice to proceed. The schedule shows completion of Task 3 (CEQA
analysis and submission of regulatory permitting applications) five months after notice to proceed.
A key schedule constraint is to submit the preliminary design plans prior to the August 4, 2013
expiration of the USACOE wetlands designation. We feel it is unlikely that regulatory approval can
be obtained prior to August 2013; however the current wetlands designation should still apply as
long as the applications are submitted before the expiration date. Geosyntec will confirm this with
ACOE during preliminary meetings with the agency.
The proposed schedule shows completion of Tentative Task 4 Construction Documents (detail plans
and specifications) five months after regulatory approval of the preliminary design plans, however,
actual timing of this tentative task depends on timing of regulatory approval and authorization of a
contract amendment from the City
The schedule is dependent on the time required by the City to review of the draft reports, and time
required for the regulatory agencies to review and approve the preliminary design, ecological risk
assessment, data quality plan, and other required submittals. And the time for the agencies to issue
permits. The preliminary schedule allows two weeks for review of draft submittals by the City and
one month for review of the reports by the RWQCB. With these assumptions the total time is
approximately one year to complete the work.
Next page ...
PAGE 12 OF 27
Preliminary Proposed Project
-;=.~~~~~~'i¥i;Ri~~ll",-
= Final Report
= Meeting
= Regulatory Approval and Permits
11
Professional Services
Rev. June 2, 2010
EXHIBIT "B"
SCHEDULE OF PERFORMANCE
CONSULTANT shall perform the Services so as to complete each milestone within the number
of days/weeks specified below. The time to complete each milestone may be increased or
decreased by mutual written agreement of the project managers for CONSULTANT and CITY so
long as all work is completed within the 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
1. Task 1 -Review, Design Basis & Land Use Memos
2. Task 2 -Geotechnical Investigation & Preliminary
Drawings
3. Task 3 -CEQA Analysis & Permitting
11
Completion
No. of Weeks
FromNTP
8
12
20
Professional Services
Rev. June 2, 2010
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
. $219,000. 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 $241,000. 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 $219,000 and the total
compensation for Additional Services does not exceed $22,000.
BUDGET SCHEDULE NOT TO EXCEED AMOUNT
Task 1 $22,000
(Review, Design Basis & Land Use Permitting Memos)
Task 2 $94,000
(Geotechnical Investigation & Preliminary Design)
Task 3 $80,000
(CEQA Analysis & Permitting)
Project Management $9,500
Sub-total Basic Services $205,500
Reimbursable Expenses $13,500
Total Basic Services and Reimbursable Expenses $219,000
Additional Services (Not to Exceed)
Maximum Total Compensation
14
$22,000
$241,000
Professional Services
Rev. June 2, 2010
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 plus 12%.
Expenses for which CONSULTANT shall be reimbursed are: Drilling subcontractor,
laboratory testing, drilling fees, drilling support vehicles, drilling field supplies.
A. 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. Long distance telephone service charges, cellular phone service charges, facsimile
transmission 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 $5,000 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-l. The additional services
scope, schedule and maximum compensation shall be negotiated and agreed to in writing by
the CITY's Project Manager and CONSULTANT prior to commencement of the services.
Payment for additional services is subject to all requirements and restrictions in this
Agreement
Work required because the following conditions are not satisfied or are exceeded shall be
considered as additional services:
NIA
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Professional Services
Rev. June 2, 2010
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 MAINT AININSURANCEIN 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
YES
YES
YES
YES
YES
YES
OCCURRENCE AGGREGATE
WORKER'S COMPENSATION STATUTORY
EMPLOYER'S LIABILITY STATUTORY
BODILY INJURY $1,000,000 $1,000,000
GENERAL LIABILITY, INCLUDING
PERSONAL INJURY, BROAD FORM PROPERTY DAMAGE $1,000,000 $1,000,000
PROPERTY DAMAGE BLANKET
CONTRACTUAL, AND FIRE LEGAL BODILY INJURY & PROPERTY DAMAGE $1,000,000 $1,000,000
LIABILITY COMBINED.
BODILY INJURY $1,000,000 $1,000,000
-EACH PERSON $1,000,000 $1,000,000 -EACH OCCURRENCE $1,000,000 $1,000,000
AUTOMOBILE LIABILITY, INCLUDING
ALL OWNED, HIRED, NONOWNED PROPERTY DAMAGE $1,000,000 $1,000,000
BODILY INJURY AND PROPERTY $1,000,000 $1,000,000
DAMAGE, COMBINED
PROFESSIONAL LIABILITY, INCLUDING,
ERRORS AND OMISSIONS,
MALPRACTICE (WHEN APPLICABLE),
AND NEGLIGENT PERFORMANCE ALL DAMAGES $1,000,000
THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONTRACTOR, AT ITS SOLE COST AND EXPENSE,
SHALLOBT AIN AND MAINT AIN,IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT AGREEMENT,
THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONL Y CONTRACTOR AND ITS SUBCONSULTANTS,IF ANY, BUT
ALSO, WITH THE EXCEPTION OF WORKERS' COMPENSATION, EMPLOYER'S LIABll..,lTY 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.
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
INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS.
B. CROSS LIABILITY
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Professional Services
Rev June 2, 2010
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
THANTHENON-PAYMENTOFPREMIUM,THEISSUINGCOMPANYSHALLPROVIDECITY
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
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