HomeMy WebLinkAboutStaff Report 3768
City of Palo Alto (ID # 3768)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 6/10/2013
City of Palo Alto Page 1
Summary Title: Contract Approvals and other Actions Related to the Capping
of the Palo Alto Landfill.
Title: Approval of: 1) the Palo Alto Landfill Closure Stipulated Notice and
Order No. LEA-2013-01-1; 2) Amendment No. 1 to Contract No. C12143502 in
the Amount of $247,889 for a Total Amount of $461,002 with Golder
Associates for Closure Design Service; and 3) Contract C13150284 in the
Amount of $250,000 with Toubar Equipment Company for Landfill Closure
and Maintenance Services
From: City Manager
Lead Department: Public Works
Recommendation
Staff recommends that Council:
1) Approve Palo Alto Landfill Closure Stipulated Notice and Order No. LEA-
2013-01-1;
2) Approve Amendment No. 1 to Contract No. C12143502 in the amount of
$247,889 for a total amount not to exceed amount of $461,002 with Golder
Associates for landfill closure design services; and
3) Approve Contract No. C13150284 in the amount of $250,000 with Toubar
Equipment Company for Landfill Closure Maintenance Services.
Executive Summary
Staff has obtained agency approvals to change the landfill’s cap design so that the
City will save a forecasted $3 to $5 million in one time construction costs. This
new type of cap, known as an evapo-transpirative (ET) cap would consist of a 4 to
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5 feet thick layer of soil that would be environmentally superior and would not
involve the purchase or installment of expensive geosynthetic cap materials.
Finalizing the design and beginning construction of this ET cap will require a
contract amendment for the landfill designer (Golder) and a contract for a closure
maintenance contractor (Toubar).
The landfill’s regulatory agencies have denied the City’s request to postpone all
closure work until 2014. However, the County Local Enforcement Agency (LEA)
would like the City to enter into a revised stipulated order that would commit the
City to begin capping work in 2013 and complete the work within 18 months (i.e.
before an energy/compost facility could be developed). While this timeframe is
not what the City had requested, the change to an ET cap would reduce the
potential costs which triggered the City’s request. Completing the landfill’s cap
before a potential energy/compost facility could cost the City an additional $1
million for an ET cap as compared to the $3 million estimated with geosynthetic
cap.
Background
Landfill Closure, Cap Preparation and Settlement Repair
The Palo Alto Landfill is 126 acres in size and has been in operation for over 60
years. The landfill has been filled to capacity and capped in a phasing plan that
has resulted in 75 acres filled and properly capped as of 2001. The final phase of
the landfill, a 51 acre section designated as “Phase IIC” was filled to capacity on
July 28, 2011. The landfill’s final closure plan scheduled the Phase IIC cap
construction during calendar year 2012. The Phase IIC cap design specified a
geosynthetic cap that was estimated to cost approximately $6 million. Following
the landfill’s closure, staff has developed and implemented a soil importation and
closure preparation plan for the purpose of preparing Phase IIC for capping and
repairing subsidence in the previously closed sections of the landfill. Through an
informal Request for Proposals process discussed in Staff Report ID# 2073, staff
procured a soil broker/contractor (Toubar Equipment Company) to provide and
import the clean soils to the landfill as well as to screen, mix, stockpile or place
the soils as directed by staff. Some of this imported soil has been used both to
construct the foundation layer that will underlie the cap and has been mixed with
compost to be used to construct a vegetative soil layer suitable for parkland. This
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work has been substantially completed. For settlement repair in the closed
sections, approximately 2/3 of the previously closed sections have been raised to
their original design grades through soil importation. Re-graded areas are hydro-
seeded to establish native grasses and maintenance pathways/trails are built for
public access. These soils are hauled into the landfill by commercial trucking firms
and originate from grading projects typically within a radius of 25 miles from the
landfill. The City receives a fee for soils deposited at the landfill. In addition, the
soils broker/contractor has been performing additional tasks to prepare for
landfill closure which have been outside the scope of the original RFP. These tasks
are funded through offsets in the soils revenue (i.e. through discounts in soil fees
to the soil broker/contractor). The new contract will allow the current soils
broker to continue performing these services (offsetting costs against received
revenues) while a formal RFP is conducted for comprehensive capping services.
Staff believes this two step procurement process will allow the City to meet the
closure deadline in the stipulation while ensuring that the services are
competitively priced.
Energy/Compost Project
On April 5, 2010, Council directed staff to initiate a feasiblity study for an
Energy/Compost Facility in Palo Alto. In September 2011, a Final Feasibility
Report was completed that recommended that if the site at Byxbee Park becomes
available through the passage of Ballot Measure E, then the City should take
further actions to consider anaerobic digestion and other technologies for
managing the City’s food scraps, yard trimmings, and biosolids at the site. In
November 2011, Palo Alto voters passed Measure E, which removes a 10-acre
parcel of land adjacent to the wastewater treatment plant from dedication as
parkland for a 10-year term, only for the limited use as an Energy/Compost
Facility. Approximately 8-acres of this 10-acre parcel are on the uncapped portion
of the Palo Alto Landfill. On February 6, 2012, Council directed staff, to develop
an Action Plan and Timeline for consideration of an Energy/Compost Facility on
the Measure E parcel (Staff Report ID# 2361). The Action Plan and Timeline were
approved by Council on July 2, 2012 (Staff Report ID# 2557). Council also
approved the development of an RFP that will allow the City to obtain firm pricing
from vendors interested in providing technologies to manage the City’s food
scraps, yard trimmings, and biosolids. The Energy/Compost Facility RFP was
developed, approved by Council (Staff Report ID# 3269) and was issued in
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February 2013. Proposals are due in July 2013. The RFP also includes soliciting
pricing for export options to allow comparison with the City’s current export
pricing for food scraps and yard trimmings.
Landfill Cap Construction Postponement
As discussed above, Measure E could allow a proposed Energy/Compost Facility
to be located on a portion of the uncapped landfill. Also, since the landfill is
already filled to capacity, then it is likely that a large energy/compost facility could
involve the excavation and re-grading of buried refuse in order to form a flat pad.
Therefore, in order to prevent the expenditure of public funds to cap the landfill
and then subsequently remove the cap if an energy/compost facility is approved,
on February 6, 2012, Council directed staff to work with regulatory agencies to
obtain approval for postponing the final capping of the landfill for one
construction season from 2012 to 2013. On August 6, 2012, staff entered into a
Stipulated Notice and Order No. LEA–2012-01 with the Santa Clara County
Department of Environmental Health (Local Enforcement Agency “LEA”), which
allowed the postponment of the landfill capping until the 2013 construction
season. The California Regional Water Quality Control Board (RWQCB) and the
California Department of Resources Recycling and Recovery (CalRecycle) also
approved this postponement. On January 14, 2013, along with the decision to
issue an RFP for an energy/compost facility, Council also directed staff to seek
regulatory approvals for postponing the cap construction for an additional period
of up to 16 months when there would be a final decision on the Energy/Compost
Facility. Staff was also directed to research possibilities for an appeal and/or a
legislative solution if the request for an extension of capping the landfill is denied
by the regulatory agencies.
Discussion
New Type of Cap Approved
On January 30, 2013 while meeting with senior regulatory staff to discuss the
postponement of the landfill capping for another construction season, the
regulatory staff suggested that the City consider changing its currently approved
geosynthetic cap to a lower cost cap known as an evapo-transpirative (ET) cap
(also known as a water balance cap). This ET cap would consist of a 4 to 5 feet
thick layer of soil that would prevent rainwater infiltration into the buried refuse
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by naturally storing the rainwater in the soil during the wet season and losing the
water to evaporation and transpiration during the dry season. These types of ET
caps are appropriate for sites such as Palo Alto where the annual rainfall is less
than 20 inches per year (Palo Alto’s annual average is approximately 15 inches).
City staff directed the City’s consultant (Golder) to prepare a conceptual study on
the applicability of an ET cover for the Palo Alto Landfill. The study showed that
the ET cap could be applicable for the Palo Alto Landfill and that the majority of
the typical imported soils would meet the specifications for an ET cap.
In April 2013, staff received agency approvals to change the landfill’s cap design
to an ET cap. Advantages of the ET cap are:
1) The City will save $4 to $5 million in construction costs. If these costs are
realized then the Refuse Rate Stabilization Reserve would be positive after
the CIP is closed;
2) An ET cap is environmentally superior alternative that does not physically
or chemically degrade over time like geosynthetic materials;
3) Since the ET cap is a monolithic 4 to 5 feet thick layer of soil it would
maintain its function when subsidence (i.e. sinking) occurs. A prescriptive
clay layer would be subject to cracking after subsidence that can lead to a
pathway for water and gas. A geosynthetic cap can pond after subsidence
and can create large and expensive repairs; and
4) More plants and shrubs could be planted on the landfill as long as the roots
are less than 4 feet in depth. This could give the City more options with
regard to shrubs and improve the park landscaping/planting plan. More
plants would improve the ET cap’s performance because transpiration is a
necessary part of the function.
Postponement Requests
Since the Council date of January 14th, staff has met with senior regualtory staff,
the director of CalRecycle (Caroll Mortensen), Assemblyman Rich Gordon, County
Supervisor Joseph Simitian - who sent a letter to Caroll Mortensen supporting the
postponement. Staff also proposed a legislative solution that would give a
postponement to the cap schedule. CalRecycle and the LEA have denied the
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City’s request to postpone all cap installation work until 2014.
The LEA and CalRecycle maintain that under applicable State standards, the City’s
election to delay closure from the scheduled Summer/Fall 2013 season until the
Summer/Fall 2014 season constitutes a violation of State Permitting and Closure
Standards and remains in violation until final closure of the entire landfill is
completed. In contrast, the City disagrees with this conclusion and maintains that
the delay in final closure is justified and does not constitute a violation. However,
all parties agree that through compliance with the schedule listed in the attached
Stipulated Order, the City can achieve its goal of delaying final closure for a short
period without any adverse repercussions resulting from the alleged violation. If
the City does not enter into a new stipulated order with the LEA, then the LEA
could attempt to impose civil penalties of not to exceed $10,000 per day for each
violation or for each day the landfill fails to achive compliance with the
timeframes listed in the previous stipulated order dated August 2012.
The LEA is proposing to enter into another stipulated notice and order with the
City that would require the City to partially cap Phase IIC in 2013 and fully cap the
entire area before an Energy Compost facility could be constructed (Attachment
C). Although the LEA has approved attachment C, they have indicated that
CalRecycle must also formally approve the order before it can be implemented.
Staff is recommending that Council approve the attached stipulated order in
concept, only if no significant changes are made to a final stipulated order by
CalRecycle.
Staff Recommended Course of action
Staff are proposing the following actions:
1) Approve the contract amendment for $247,889 with the landfill closure
consultant (Golder) to complete the engineering work necessary for the
implementation of the ET cap (Attachment A);
2) Approve the agreement with Toubar Equipment Company (Toubar) to provide
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and implement the new cap work under the direction of City Staff (Attachment
B). Once the ET cap’s plans and specifications are completed then staff will
develop a competetive RFP for further capping services; and
3) Approve the stipulated order (Attachment C) in concept, and direct staff to sign
the order if no significant changes are made to a final order by CalRecycle.
Also direct staff to begin capping sections of the landfill with the ET cap as time
allows in 2013, continuing through 2014.
Timeline
The City has proposed the following schedule to the LEA see attached Stipulated
Agreement.
Milestone Estimated
Completion
Dates
Milestone Description
Approval No. 1 -
Receive Final ET
Cover Approval
April 24, 2013 Written conditional approval from the LEA
and State that the ET Cover is acceptable for
the Palo Alto Landfill.
Council Approvals
for the Stipulated
Order and closure
contracts
June 10, 2013 Council approval for: 1) Stipulated order; 2)
Design contract amendment for additional
modeling, testing and closure report revision;
and 3) Closure construction agreement
approval for construction of the ET Cover.
CEQA August 1, 2013 Complete Initial Study/Mitigated Negative
Declaration evaluating Construction Impacts
during ET construction.
Additional
Laboratory Testing
and Modeling
August 31,
2013
Complete additional work to refine the ET
Cover thickness and specifications
Existing Phase IIC
soil delineation
August 31,
2013
Complete field work to identify where
existing soils may meet the ET specifications
Revised Closure and
Postclosure
Maintenance Plan
September 15,
2013
Submit final drawings, specifications, and a
revised CPCMP.
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(CPCMP) Revision
Approval No. 2 Estimated
Dates
Final Approval of the Revised CPCMP
from the 3 agencies
Begin ET Cap
construction
14 days after
approvals
Begin importing soils and construction ET
cover.
Submit interim
progress report on
cap construction
December 31,
2013
Delineate acreages where cap has been
installed/confirmed by Quality Control
Program Testing.
Construct ET Cap
over entire Phase IIC
December 31,
2014*
Note – 18 month interval assumes 2 (dry)
construction seasons. ET cover can’t be
constructed during the rainy season.
Submit interim
progress report on
cap construction
July 1, 2014 Delineate acreages where cap has been
installed/confirmed by Quality Control
Program Testing.
Final Construction
Quality Assurance
Report
December 31,
2014*
Prepare and submit quality assurance
documentation Note – 19 months assumes 2
(dry) construction seasons.
* The date above is based on conclusions to determine the percentage of existing ET cap soils
that are already in place in the existing Phase IIC landfill. The study described above as
“Existing Phase IIC soil delineation” will provide an estimate of the quantity of soil that is
already available on-site and can be used for the final landfill cap. If the study concludes that a
large quantity of existing soils are not suitable for the final cap, the City will be required to
obtain the appropriate soils from off-site. The current calculated estimate of soil acceptance is
200,000 cubic years per year. The City will make good faith efforts to complete the cap by
December 31, 2014. However, unforeseen delays may extend completion beyond that date.
Additional time may be requested beyond that date as described in Section B.3 of the attached
stipulated order.
Resource Impact
If the City were to cap the entire landfill before an energy/compost facility could
be developed,under any type of cap design, there would be a cost to remove the
cap, re-grade the refuse and re-cap the area. The table below shows the cost
forecasts for removal of the cap for waste regrading with the 10 acre
energy/compost option.
Table 2 Cost Comparison (worst case 10 acre energy/compost facility)
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Type of Cap Assumptions Forecast
Geosynthetic
cap
Impact 34 acres – remove and replace
vegetative soils, destroy and repurchase
geosynthetic cap materials
$3,000,000
ET Cap Impact 34 acres -250,000 cubic yards x $2 x 2
events (remove and replace)
$1,000,000
It should be noted that the City will know whether an energy/compost facility will
be developed and/or the size and configuration of the facility before the cap is
installed over most of the Phase IIC area. Both of the attached contract
documents being approved are budgeted through the landfill closure CIP RF
11001.
The Toubar closure maintenance contract expense limit is recommended at a
maximum $250,000 of budgeted funds. However, another $600,000 of
construction work (total of $850,000) could be accomplished as directed by the
City and funded through revenue offsets as discussed above.
Policy Implications
There are no new policy implications with the recommended actions in the
report.
Environmental Review
The activities proposed in this report are exempt under the California
Environmental Quality Act. An initial Study/Mitigated Negative Declaration will
be completed by Golder for the construction impacts associated with this cap
construction.
Attachments:
Attachment A - CONTRACT AMENDMENT Golder Associates C12143502 (PDF)
Attachment B - Toubar Equipment Company Contract C13150284 (PDF)
Attachment C - Palo Alto Stipulated Agreement - June 2013 (DOCX)
1 Revision July 25, 2012
AMENDMENT NO.1 TO CONTRACT NO. C12143502
BETWEEN THE CITY OF PALO ALTO AND
GOLDER ASSOCIATES, INC. FOR PROFESSIONAL SERVICES
This Amendment No. 1 to Contract No. C12143502 (“Contract”) is entered into TBD,
by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”),
and GOLDER ASSOCIATES, INC., a U.S. corporation in the State of Georgia with offices located
at 1000 Enterprise Way, Suite 190, Roseville, CA 95678 (“CONSULTANT”).
R E C I T A L S:
WHEREAS, the Contract was entered into between the parties for the provision of
installation of a closure cap upon Phase IIC of the Palo Alto Landfill (“Project”) and to provide for
design, California Environmental Quality Act (CEQA) compliance, permitting, and Construction
Quality Assurance (CQA) in connection with the Project (“Services”); and
WHEREAS, the parties wish to amend the Contract;
NOW, THEREFORE, in consideration of the covenants, terms, conditions, and
provisions of this Amendment, the parties agree:
SECTION 1. Section 1 of the Contract is herby amended to read as follows:
“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. Section 2. of the Contract is herby amended to read as follows:
“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. Section 3 of the Contract is hereby amended to read as follows:
“SECTION 3. Time is of the essence in the performance of Services under this
Agreement. CONSULTANT shall complete the Services with the term of this
Agreement and in accordance with the schedule set forth in Exhibit “B” attached to
and made a part of the original 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 base upon the
circumstances and direction communicated to the CONSULTANT. CITY’S
agreement to extend the term or the schedule for performance shall no preclude
recovery of damages for delay in the extension is required due to the fault of
CONSULTANT.”
Attachment A
3 Revision July 25, 2012
EXHIBIT “A”
BACKGROUND
The City of Palo Alto requires Golder Associates, Inc. (Golder) to provide an alternative cap design
for the Palo Alto Landfill Phase IIC area. The reason for the request is to allow for a more cost
effective way of removing a portion of the cap if an Energy-Compost Facility were to be built there
and to allow the City to cap Phase IIC in a timely manner to stay in compliance with the landfill
closure rules and regulations.
Golder shall provide engineering services to support the proposed Phase IIC evapotranspirative
(ET) cover for the City of Palo Alto Landfill (PALF). Golder has evaluated the feasibility of
implementing an evapotranspirative (ET) cover at the PALF (Golder report dated April 2013).
Based on the work completed by Golder, the regulatory agencies have provided conditional approval
for completing the final design and construction of an ET cover. In addition, to reducing conflicts
with the potential AD facility, an ET cover will provide the City with significant cost savings.
SCOPE OF SERVICES
WORK PLAN SUMMARY
The major components of the project include:
Provide additional soil sampling to evaluate key physical saturated and unsaturated
properties.
Provide additional soil delineation to assess soil types and soil density throughout the
existing cover which includes providing recommendations for remediation of unsuitable
areas and a technical memorandum.
Prepare final construction documents and update Final Closure Postclosure Maintenance
Plan.
Prepare an initial study and negative declaration for the Phase IIC ET cover design.
Provide construction quality assurance and quality control (QA/QC) during construction
of the Phase IIC ET cover.
Prepare final certification report for submittal to the regulatory agencies.
Provide surveying services to the Phase IIC closure work.
Evaluate and develop drainage design plans for Phase IIC and other closed areas of the
landfill.
Provide landfill related engineering support which may include technical advice,
compilation of as-built drawings of the landfill environmental control systems, and other
engineering tasks as needed.
4 Revision July 25, 2012
TASK DETAILS
TASK 1 – ADDITIONAL SOIL SAMPLING, TESTING AND MONITORING
Golder’s April 2013 ET cover feasibility study identified the need for additional soil sampling,
testing, and unsaturated flow modeling in order to finalize the soil material specification
requirements for the project. Accordingly, Golder shall collect up to five soil samples that are
representative of the range of existing soil types taking into account the previous characterization
completed by Golder (April 2013). For each soil type, Golder shall evaluate key physical saturated
and unsaturated properties for soil remolded to a relative compaction of 85 percent, 87 percent, and
90 percent of the modified Proctor density.
The soil samples shall be collected using a backhoe and operator provided by the City.
Representative soil samples shall be collected by a Golder engineer and transported to a geotechnical
laboratory for further testing. During the soil sampling effort, Golder shall physically observe and
document the presence of rocks, including size and frequency, which was a concern raised by the
California Regional Water Quality Control Board, San Francisco Bay Region (RWQCB).
For each representative soil sample the following tests shall be completed:
Five grain-size distribution tests (sieve and hydrometer)
Five Atterberg limit tests
Five specific gravity tests
Five modified Proctor compaction tests
15 saturated hydraulic conductivity tests
15 tests to estimate the soil-water characteristic curve (SWCC) parameters
At the completion of the testing, Golder shall use the computer program UNSAT-H to update the
water balance modeling that was previously completed (Golder, April 2013). Based on the
results of the laboratory testing and modeling, Golder shall prepare an addendum to the April
2003 ET cover feasibility study that:
Summarizes the field sampling program
Presents the laboratory test results
Summarizes the results of the unsaturated flow modeling
Provides final recommendations for the ET cover materials including allowable
gradation range and required minimum and maximum compaction effort.
Golder shall prepare and submit a draft report in electronic format for the City’s review.
Following receipt of the City’s comments, Golder shall prepare a final report which shall be
submitted in electronic format.
TASK 2 – ADDITIONAL PHASE IIC SOILS DELINEATION
5 Revision July 25, 2012
Golder’s April 2013 ET cover feasibility study identified at least one unacceptable soil sample for
use in the ET cover. Two additional samples were identified as marginal and may or may not be
acceptable pending the final material specification requirements of Phase IIC. Accordingly, Golder
shall complete additional soil delineation tests assessing which portions of the existing cover soils
are unsuitable for use in the ET cover. Specifically, this work shall consist of the following:
Completion of up to 30 hand auger holes to assess the soil types and in-place density of
the soils throughout the existing cover. Particular emphasis shall be directed to the west
slope where the City desires to limit the amount of additional soil placed on this slope
due to the presence of the sewer line at the toe of the slope.
For each soil sampling location, Golder shall obtain in-situ density measurements using a
nuclear density gauge to measure in-place moisture and density in the upper 1 foot. A
drive cylinder shall be used for depths greater than one foot.
Soil samples shall be collected and tested for Atterberg limits and grain-size distribution
from each of the 30 locations. Modified Proctor tests shall be completed for
representative soil types (up to 10).
Based on the results of Task 1 and the above field investigation and laboratory testing, along
with the results in the April 2013 report, Golder shall delineate the areas of existing suitable and
unsuitable soils and provide recommendations for remediation of unsuitable areas. Remediation
may require ripping and recompaction, over-excavation and replacement, and/or construction of
the full ET cover section over the unsuitable soils.
The results of our soil delineation program shall be summarized in a technical memorandum. Golder
shall provide the City an electronic draft copy and an electronic final copy of the technical
memorandum.
TASK 3 – PREPARE FINAL CONSTRUCTION DOCUMENTS
Based on the work completed for Tasks 1 and 2, Golder shall prepare final construction documents
and update the Final Closure Postclosure Maintenance Plan (FCPMP) for the Phase IIC ET cover.
This work will include the following:
Construction drawings
Technical specifications
Construction Quality Assurance/Quality Control (QA/QC) Plan
Revision to the FCPMP
Draft submittals of the above deliverable documents shall be submitted electronically to the City.
Golder shall incorporate the City’s comments and provide one electronic copy and four hard
copies of each deliverable.
TASK 4 – CEQA INITIAL STUDY AND PREPARE NEGATIVE DECLARATION
6 Revision July 25, 2012
An initial study and negative declaration shall be prepared for the project and will reflect the Phase
IIC ET cover design. The scope-of-work and deliverables for this task are nearly identical to that
included in our current contract except the project descriptions and individual evaluations shall be
based on the proposed Phase IIC ET cover instead of the previous geomembrane cover system.
TASK 5 – CONSTRUCTION QUALITY ASSURANGE/QUANLITY CONTROL
Golder shall provide construction quality assurance and quality control (QA/QC) during
construction of the Phase IIC ET cover. The QA/QC program shall be completed in accordance with
the regulatory-approved QA/QC Plan prepared under Task 3. For the purposes of establishing a
budget for this task, we have assumed the following level of effort:
The City will require screening of proposed ET cover soil to show that the imported soils
meet the project specifications and those test results will be provided to Golder for
review.
Golder shall independently sample the imported soils at a frequency of one test per 5,000
cubic yards for grain-size analysis and Atterberg limits tests. A 20% contingency to the
laboratory testing costs to account for rejection of unsuitable soils has been added to
allow Golder to get through the City’s screening process.
During the drier construction season (assumed to be 8 months), a CQA technician shall
be on-site for 3 days per week/4 hours per day to complete in-situ density tests and
obtain samples for CQA testing. This frequency shall be reduced to 1 day per week/4hrs
per day during the wetter winter months (assumed to be 4 months). The work shall be
assumed to begin in September and continue for 18 months.
Monthly meetings shall be held between Golder’s CQA Engineer-of-Record and the City
to review test results and progress to date.
TASK 6 – FINAL CERTIFICATION REPORT
At the completion of the Phase IIC ET cover construction, Golder shall prepare a final certification
report for submittal to the regulatory agencies. The report shall comply with California Code of
Regulations (CCR) Title 27 and address the following:
Summarize the QA/QC field and laboratory testing completed for the project
Include field reports summarizing field observations and testing
Identify any non-conforming materials encountered for the project and discuss how the
non-conformance was addressed
Provide as-built drawings for the Phase IIC ET cover grades, drainage controls, and
landfill gas and leachate control infrastructure
The certification report shall be stamped by a registered civil engineer or engineering geologist per
CCR Title 27.
TASK 7 – PROJECT SURVEYING
7 Revision July 25, 2012
Golder shall retain a licensed surveyor to provide surveying services related to the Phase IIC closure.
Surveying services shall consist of the following:
Providing grade control throughout the project. Grades stakes shall be set in active
grading areas on a periodic basis.
Survey the location of final drainage controls (invert elevations along alignment)
Survey any remaining locations of the landfill gas and leachate infrastructure yet to be
surveyed.
Preparation of an as-built drawing showing final surface elevations on 50-foot centers
with as-built drainage, landfill gas, and leachate controls and tie-in locations to
previously closed sections.
Additional out-of-scope surveying as requested by the City.
The level of effort for this task will be dependent on the length of construction and the number
of site visits required. The following level of effort for the subcontracted surveyor shall be as
follows:
$5,000 to establish a 3-dimensional final grade model for Phase IIC.
Grade setting at once per month for 18 months. Each monthly visit is assumed to take 8
hours a field time ($165/hr) and require 2 hours of office staff support ($110/hr). This
results in a budgeted cost of approximately $28,000.
Eight full field days of as-built surveying ($165/hr) with 64 hours of office staff support
($110/hr). This results in a budgeted cost of approximately $19,300.
$5,000 in out-of-scope surveying services if requested by the City.
TASK 8 – DRAINAGE DESIGN FOR PHASE IIC AND PREVIOUSLY CLOSED PHASES
The landfill areas closed to date have limited drainage controls to divert sheet flow from the top deck
to the side slopes, which has resulted in erosion. To improve drainage and reduce long-term erosion,
Golder shall evaluate and develop the following drainage concepts:
Diversion berms near the transition between the top deck and side slopes
Riprap-lined swales
Buried down-drain pipes
Golder shall review these concepts with the City before incorporating these into design plans.
Drainage details shall be incorporated into the Phase IIC documents under Task 3. Golder shall
prepare additional drainage plans (two drawings maximum) showing the location and details
recommended to be installed in the previously closed areas of the PALF.
TASK 9 – MISCELLANEOUS ENGINEERING SUPPORT
8 Revision July 25, 2012
At the request of the City, Golder shall provide additional landfill-related engineering support.
Before any work is completed under this task, Golder shall submit for City approval a specific level
of effort, define deliverables and establish a not-to-exceed maximum budget. Anticipated additional
effort may include:
Providing technical advice on how to incorporate shrubs, and possibly trees, on the
landfill cover
Assisting the City in compiling as-built drawings of leachate and landfill gas controls in
a more user-friendly CAD format
Other engineering tasks as requested by the City
9 Revision July 25, 2012
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 consisten with the schedule below within 2 weeks of receipt of the notice to proceed.
Milestones
Completion
(No. of Days From
NTP)
1. TASK 1 – Additional Soil Sampling, Testing and Modeling. 77
2. TASK 2 – Additional Phase IIC Soils Delineation 77
3. TASK 3 – Prepare Final Construction Documents 91
4. TASK 4 – CEQA Initial Study and Prepare Negative Declaration 91
5. TASK 5 – Construction Quality Assurance/Quality Control 570
6. TASK 6 – Final Certification Report 570
7. TASK 7 – Project Surveying 570
8. TASK 8 – Drainage Design for Phase IIC and Previously Closed
Phases 91
9. TASK 9 – Miscellaneous Engineering Support 570
10 Revision July 25, 2012
EXHIBIT “C”
COMPENSATION
BUDGET SCHEDULE Total
Original Contract C12143502 Dated February 2, 2012
Tasks 1 – 6 Design, CEQA, Construction
and Quality Assurance. $193,713
Additional Services: $19,400
TOTAL NOT TO EXCEED FEE–ORIGINAL CONTRACT $213,113
Total Spent to date (close out Tasks 1-6) $72,540
Balance Remaining to fund Amendment No. 1 $140,573
BUDGET SCHEDULE NOT TO EXCEED
AMOUNT REIMBURSABLES
Amendment No. 1 To Contract C12143502
1. Task 1 – Additional Soil
Sampling, Testing and
Modeling.
$52,406 $150
2. Task 2 – Additional Phase
IIC Soils Delineation $27,148 $750
3. Task 3 – Prepare Final
Construction Documents $39,030 $0
4. Task 4 – CEQA Initial
Study and Prepare Negative
Declaration
$23,134 $0
5. Task 5 – Construction
Quality Assurance/Quality
Control
$139,698 $9,440
6. Task 6 – Final Certification
Report $21,994 $0
7. Task 7 – Project Surveying $62,304 $0
8. Task 8 – Drainage Design
for Phase IIC and Previously
Closed Phases
$12,596 $0
9. Task 9 – Miscellaneous
Engineering Support $10,000 $0
Total Basic Services and
Reimbursable Expenses: $368,872 $9,590
Total Basic Services and Reimbursable Expenses: $388,462
Less Balance Remaining From Original Contract: $140,573
Total Amendment No. 1 Amount $247,889
Total Compensation (Original Contract Plus Amendment
No.1) Not To Exceed:
$461,002
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Attachment B
CITY OF PALO ALTO CONTRACT NO. C13150284
AGREEMENT BETWEEN THE CITY OF PALO ALTO AND
TOUBAR EQUIPMENT COMPANY
FOR PROFESSIONAL SERVICES
This Agreement is entered into on this TBD day of TBD, 2013, (“Agreement”) by
and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”),
and TOUBAR EQUIPMENT COMPANY, a U.S. Corporation, located at 2535 Pulgas Avenue,
East Palo Alto, CA 94303 ("CONSULTANT").
RECITALS
The following recitals are a substantive portion of this Agreement.
A. CITY intends to perform closure maintenance work on Phase I and Phase IIC of the Palo
Alto Landfill (“Project”) and desires to engage a consultant to provide closure maintenance services
include managing the importaiton of large amounts of soil, grading and placing the soil, as well as
other landfill related maintenace 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, in
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.
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-1.
Each Task Order shall designate a City Project Manager and shall contain a specific scope of work, a
specific schedule of performance 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 of this 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.
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SECTION 2. TERM.
The term of this Agreement shall be from the date of its full execution through December 31,
2013 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
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 Two-Hundred Fifty Dollars
($250,000). In the event Additional Services are authorized, the total compensation for services and
reimbursable expenses shall not exceed Two-Hundred Fifty Dollars ($250,000).
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
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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.
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.
XOption 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:
GreenScape
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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 Charlie Touchatt as
the Project Manager to have supervisory responsibility for the performance, progress, and execution
of the Services and Charlie Touchatt 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 Chuck Muir, Public Works Department, Environmental Services
Division, PO Box 10250 Palo Alto, CA 94303, Telephone:650-496-6980. 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
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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.
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 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
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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. If the
insurer cancels or modifies the insurance and provides less than thirty (30) days’ notice to
CONSULTANT, CONSULTANT shall provide the Purchasing Manager written notice of the
cancellation or modification within two (2) business days of the CONSULTANT’s receipt of such
notice. 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. 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.
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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 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.
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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
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
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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
security of the Personal Information. CONSULTANT shall not use Personal Information for direct
marketing purposes without City’s express written consent.
25.9 All unchecked boxes do not apply to this agreement.
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EXHIBIT “A”
SCOPE OF SERVICES
Closure Maintenance Assistance at the Palo Alto landfill
Scope of Work
Background
The Palo Alto Landfill began formal refuse filling in the 1950s. The City of Palo Alto (City) has
been closing and capping this landfill in phases since 1991. In 2010, the City began performing
large scale settlement repair due to subsidence within closed sections of the landfill. In July
2011, the landfill reached final capacity and closed to the public. Since then, the City has been
importing a large amount of soil into the landfill in order to prepare the last phase (Phase IIC) for
final capping.
The last area of settlement repair is an area designated as Phase I (aka Byxbee Park). It is
estimated that approximately 50,000 cubic yards of clean soils will be required to bring this area
to its original design grades. Another large amount of soil is needed in the Phase IIC capping
project where a monolithic 4 to 5 feet thick layer of specified soils will be placed over the 51
acres. It is estimated that up to 400,000 cubic yards of soils may be needed for this cap
construction based on the conceptual cap design, although some of the cap soils are already
onsite.
This agreement is meant to procure closure maintenance services with “Toubar Equipment
Company” (Toubar) in order to assist the City in the importation and management of the large
amount of required soils through the end of Calendar year 2013. This agreement will also fund
other tasks related to landfill maintenance as described below. These tasks will be performed on
a time and materials (not to exceed) and unit costs basis and will be directed by the City.
Hydroseeding of bare slopes before the onset of the rainy season will also be performed by
Toubar as part of this agreement. Toubar will provide this work as performed on a unit price per
acre fee as specified below.
This agreement involves both fees paid by Toubar for the disposal of clean soils at the landfill
and costs paid to Toubar by the City as described below.
Scope of Work
Toubar shall provide clean soils from area-wide grading projects and manage the soils at the
landfill for the purpose of settlement repair and capping. Toubar shall also provide equipment
and staff necessary for other maintenance related tasks at the landfill as described below.
Task 1 Provide, Import and Manage Clean Soils
Toubar shall provide, import and properly manage approximately 200,000 cubic yards of
suitable soils for placement at the landfill as directed by the City. The City at its sole discretion
will approve all soil borrow sources prior to acceptance based on the following criteria:
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a) The soils shall not contain any chemical contaminants. Sampling and analytical testing
shall be provided by Toubar and official lab results and chain of custody documentation
must be submitted to the City and approved before soil can be delivered to the landfill.
Minimum Sampling Frequency – A minimum of one sample for each (original)
location of soil larger than 500 cubic yards. And a minimum of one additional
sample per 5,000 cubic yards of soil originating at any one location. For soil
stockpiles of 500 CY or greater four (4) discrete samples shall be taken and
submitted as one composite sample.
Minimum Testing Required – CAM 17 Metals TTLC, TPH (Oil, diesel and
gasoline) by EPA 8015. Additional analyses could be required by the City
depending on the risk level of the borrow source. For example, the City may
require pesticide analyses if the borrow source has been farmland for a long
period of time.
Approval criteria will be the Shallow Soil Screening Levels for Residential Land Use
Table A-1 of the San Francisco Bay Area Regional Water Quality Control Board Interim
Final Environmental Screening Levels (ESLs). Exceptions will be made for metals
where background levels are higher than the ESLs in the Bay Area.
b) The soils shall not be approved if a contamination source is suspected;
c) The soils shall originate from residential or low risk commercial properties such as schools
or previously undeveloped properties where no contamination source(s) are suspected;
d) The soils shall be suitable for vegetative cover. Non-compatible vegetative soils such as
sand, gravel, soils containing other materials (e.g., asphalt mix/chunks, concrete
chunks/ready mix, mulch, or wood chips) or overly saturated soils will also not be accepted;
And
e) A certification form (attached) shall be signed by the generator (or generator’s agent) of
each borrow source larger than 1,000 cubic yards certifying that the soil meets the City’s
requirements.
f) For Phase IIC cap soils, the following draft grain size distribution criteria will be used by
Toubar to identify soils that would be acceptable for this purpose. The sampling and testing
criteria is expected to be a minimum of 1 representative sample per borrow source, and 1
additional sample for every 5,000 cubic yards or as directed by the City. Sampling
frequencies, laboratory testing methods and types of tests will be further defined by the City
as soon as the final cap design has been completed.
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Material Screening and Processing: If Toubar would like to process or otherwise screen the
borrow source soils to meet the City’s criteria, and if the City allows this option, then Toubar
shall provide a suitable shaker deck or other suitable screener and screen the soil to the required
particle sizes. Toubar shall dispose of spoils onsite as directed by the City. Incoming soil
stockpiles and the mixing and screening area may be limited to a minimum area of one acre due
to above ground gas and leachate wells throughout the site. Toubar shall move the soils to
construct the cap directed by the City. Toubar shall be required to control dust through the
processing City will supply water source near the site for the Toubar’s usage. Toubar shall
provide a water truck and staff for dust suppression.
Placement and compaction: Toubar shall provide equipment and staff to place and compact this
soil as directed by City. At a minimum, Toubar must provide an 815 Compactor (or equivalent
compactor as approved by City), a D-6 or larger bulldozer and Motor Grader. The soils in the
Phase IIC cap shall be placed with only the bulldozer to minimize the compaction of the soil.
City will provide grade control and Toubar shall fine grade the soil to its intended surface
elevations as directed by the City. Toubar shall at no additional fee accept and properly manage
all City generated soils hauled by City staffs. City takes all responsibility for the soils meeting
the above specifications.
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Other Onsite Soils Management: Toubar shall provide a full time staff near the entrance to the
Landfill to control and verify trucks. Toubar shall ensure that all trucks originate from City
approved soil borrow sources. Toubar shall record and provide soils documentation to the City
each week submitted by the following Wednesday. This documentation shall include at a
minimum:
The job address of where the soil originated;
The Company that hauled the soil into the Landfill;
The number of trucks and the size of each truckload in cubic yards;
The total number of cubic yards per borrow source;
The total fee calculation to be paid to the City per borrow source; and
The grand totals of each category.
Toubar shall also provide a full time water truck and shall suppress dust caused by the soil
management operation. City will provide a nearby location for the water truck to fill with
reclaimed water.
Toubar shall provide all traffic control flagmen as needed to control their traffic and to show the
truck drivers where to dump their soil loads. Toubar shall use this staff or others to review each
load for unacceptable large rocks or other debris and extract the debris before spreading the load.
Task 2 – Additional Onsite Maintenance Work
a) Street Sweeping Services – Toubar shall provide adequate street sweeper to sweep and
remove soil from the paved Harbor and Embarcadero roadways on a daily basis. Toubar to
sweep a minimum of two hours per day or as directed by the City.
b) Labor – Toubar to provide laborers to perform the following tasks as directed by the City:
Raise wellheads, vaults or other piping components;
Cut and remove piping, replace and weld HDPE piping once filling has occurred;
Clean soil out of drainage ditches;
Install stormwater controls – silt fencing, waddles, rip rap etc. and
Other tasks as directed by the City.
c) Path Construction – Toubar shall construct pathways as directed by the City. Toubar shall
provide and use all equipment needed such as 613 scraper to dig out the path and haul baserock,
motor grader, skip loader, water truck and vibratory smooth drum roller.
e) Drainage Projects – Toubar shall provide labor and equipment to install onsite drainage
features as directed by the City. Tasks may include providing an excavator or backhoe, along
with laborers to install piping or rip rap drainage features.
f) Removal of soils – This task may involve the removal and hauling of unspecified soils to
locations on the landfill as directed by the City. Equipment may include an excavator and 10
wheel truck(s) to haul the soils.
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Task 3 – Hydroseeding
Toubar shall hydroseed bare slopes and decks with the mixes of native grasses and fertilizer as
specified below and as directed by the City. Toubar shall perform this work within 3 days after
the first rain event after October 15, 2013 or when directed by the City.
Fertilizer - NatureTech 5-2-3 OrganiPlex – install at 500 lbs/acre.
Total Nitrogen (N) . . . . . . . . . . 5.0000%
0.0030% Ammoniacal Nitrogen
0.0310% Nitrate Nitrogen
0.8650% Other Water Soluble Nitrogen
4.1010% Water Insoluble Nitrogen*
Available Phosphate (P2O5) . . . 2.0000%
Soluble Potash (K2O) . . . . . . . . 3.0000%
Calcium (Ca) . . . . . . . . . . . . . . 2.0000%
a) Iron (Fe) . . . . . . . . . . . . . . 0.2000%
Seed percentages for the Palo Alto Landfill:
Festuca (Vupia) Microstachys: 12.8%
Stipa (Nassella) Pulchra: 17%
Danthonia Calf. (Calf. Oatgrass): 17%
Bromus Carinatus (Calf. Brome): 32%
Elymus Glaucus (Blue wildrye): 21.2%
Other Terms and Conditions
Guarantee of Work and Termination
The City’s goal is to have Toubar provide all of this scope as described in Tasks 1-3 above.
However, the City does not guarantee that the amount of work listed in this Agreement will be
completed by Toubar. The City still needs regulatory approval for the Phase IIC capping
project. This agreement may be terminated if the following occurs:
If Toubar gets behind schedule with the importation or processing of the soil (as
determined by the City);
If Toubar falsifies any sampling or analytical data;
If Toubar truck drivers report transporting soil from one address and the City confirms
another address;
If Toubar violates any compliance issues such as dust generation, stormwater
contamination, hazardous materials or other related issues; or
City Management or City Council decides to cancel this agreement.
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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 Completion
No. of Days/Weeks
From NTP
1. Import and place soils to design grades established by City: 180 days
2. Additional work as required by City 180 days
Regardless of the start date of this agreement, the end date of this contract is expected to be
December 31, 2013 unless renewed by the City in writing.
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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 based on the hourly rate schedule
attached as Exhibit C-1.
The compensation to be paid to CONSULTANT under this Agreement for all services
described in Exhibit “A” (“Services”) and reimbursable expenses shall not exceed $250,000.
CONSULTANT agrees to complete all Services, including reimbursable expenses, within this
amount. In the event CITY authorizes any Additional Services, the maximum compensation
shall not exceed $250,000. 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.
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. Expenses for
which CONSULTANT shall be reimbursed are: (Included in the basic services)
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 N/A shall be approved in advance by
the CITY’s project manager.
ADDITIONAL SERVICES
The CONSULTANT shall provide additional services only by advance, 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
expenses, 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.
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[OPTIONAL] Work required because the following conditions are not satisfied or are
exceeded shall be considered as Additional Services:
Budget Schedule Not To Exceed Amount
Task 1 (Fees paid to the City) - Supply and manage 200,000
cubic yards of suitable soils. Includes all associated work
described in Task 1 above.
-$500,000 (estimated)
Task 2 (Fees paid to Contractor) – Maintenance work
described in Task 2 to be completed as directed by City on a
Time and Materials basis
+$600,000 (estimated as
required by City)
Task 3 (Fees paid to Contractor) – Hydroseeding as specified
in Task 3 above.
+$150,000
Subtotal +$250,000
Estimated Net Total
$0.00
Maximum Agreement Authorization +$250,000
The fees paid to the City shall be based on the following unit prices:
Category Rate
Import soils in accordance with Task 1- Full Load
(cost per load)
$40.00
Import soils in accordance with Task 1 - 10 Wheeler
(cost per load)
$20.00
Import and screen soils (if approved by City) – Full
Load (cost per load)
$25.00
Import and screen soils (if approved by City) – 10
Wheeler (cost per load)
$15.00
Note – Discounted rates may be implemented at the City’s discretion in order to import
more soils for compliance or scheduling purposes. City will issue written approval
before discounts can be implemented.
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EXHIBIT “C-1”
HOURLY RATE SCHEDULE
Hydroseed 46 acres (estimated)……….. $3,260 per acre.
5/1/2013
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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 $1,000,000
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 (30) 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.
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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
Palo Alto/Santa Clara County Stipulated Notice & Order Page 1 of 10
Attachment C
In the Matter of:
CITY OF PALO ALTO LANDFILL AND COMPOSTING FACILITY- SWIS NO. 43-AM-0001
STIPULATED NOTICE AND ORDER - NO. LEA-2013-01-1
PUBLIC RESOURCES CODE (§§45000, 45011, 44106, and/or 45023) and
CALIFORNIA CODE OF REGULATIONS, TITLE 14, (§§18304, 18304.1)
TO: Phil Bobel, City of Palo Alto, Public Works Department, PO Box 10250, Palo Alto,
California 94303:
DATE: June 1, 2013
PLEASE TAKE NOTICE THAT:
1. This Order supersedes and replaces Stipulated Notice and Order No. LEA 2012-01-1
2. WHEREAS, the Santa Clara County Agriculture and Environmental Management
Agency, Department of Environmental Health is the Solid Waste Local Enforcement
Agency (“LEA”) and is authorized by the California Department of Resources Recycling
and Recovery (“CalRecycle”) to act in the capacity of the LEA for this Facility pursuant to
Public Resource Code Section 43200 et seq.;
3. WHEREAS, the City of Palo Alto Refuse Disposal Site is a solid waste facility located at
2830 Embarcadero Road, Palo Alto, California 94303 (the “Facility”);
4. WHEREAS, the City of Palo Alto is the owner and operator of the Facility, with the City
of Palo Alto Public Works Department carrying out operations (collectively, the “City”);
5. WHEREAS, the San Francisco Bay Regional Water Quality Control Board, (“Regional
Board”) issued Waste Discharge Requirements in 1999 (Board Order No. R2-1999-026
“WDRs”) which specifies discharge specification and monitoring provisions for the
Facility;
6. WHEREAS, following CalRecycle concurrence on February 14, 2006, the LEA issued the
Facility a Solid Waste Facility Permit No. 43-AM-0001 (the “SWFP”) on March 3, 2006,
which the Facility is currently operating under;
7. WHEREAS, the permitted Facility boundary of approximately 137 acres is within a larger
1,800-acre, City-owned Byxbee Park and Baylands parcel.
8. WHEREAS, the landfill disposal area (footprint) occupies approximately 126 acres of the
137-acre permitted Facility boundary. The landfill is divided into four phases (see Exhibit
A map): Phase I comprising approximately 29 acres, Phase IIA (23 acres), Phase IIB (23
acres), and Phase IIC (51 acres);
Palo Alto/Santa Clara County Stipulated Notice & Order Page 2 of 10
9. WHEREAS, approximately 75 acres of the landfill (Phases I, IIA and IIB) have received
final cover in accordance with State regulations. Phase I was capped and developed into
parkland in 1991. Phase IIA was capped in 1992. Phase IIB (23 acres) was capped in
2000. Seventy-two of the 75 acres of these areas were opened to parkland in 2011 with
three acres being held for stockpiling of vegetative soils for the Phase IIC closure.
10. WHEREAS, State regulations (California Code of Regulations, Title 27, Section 21110)
require the timely submittal and implementation of closure and postclosure maintenance
plans;
11. WHEREAS, the City submitted Final Closure and Postclosure Maintenance Plans (Plans)
in 2009 for closure of Phase IIC which were approved by Regional Board, CalRecycle,
and LEA in 2010. Phase IIC was scheduled to undergo closure via construction of a
synthetic material in Summer/Fall 2012 in accordance with State requirements;
12. WHEREAS, the final Phase IIC ceased accepting waste on July 28, 2011;
13. WHEREAS, in November 2011, City residents approved Measure E, an initiative to un-
dedicate from parkland a ten-acre section of land (eight acres of Phase IIC and two acres
of land adjacent to the landfill footprint) for a minimum period of ten years to study the
feasibility of a potential organics energy/composting facility. Measure E is meant to
identify a parcel of land that could be studied for the purpose of building an
energy/conversion facility to handle yard trimmings, food waste, and/or sewage sludge.
14. WHEREAS, the Stipulated Notice & Order (Order) dated August 1, 2012 is the governing
enforcement document for the LEA and was signed by the LEA on August 7, 2012, and
by the City of Palo Alto on August 16, 2012;
15. WHEREAS, Section B2 of the Order allows the City to request an extension with
appropriate justification;
16. WHEREAS, the City submitted a letter to the LEA, CalRecycle, and the Regional Board
dated January 18, 2013, requesting further postponement of work for Phase IIC for one
additional year to December 31, 2014;
17. WHEREAS, the LEA, CalRecycle, the Regional Board and other stakeholders met with
the City at the Facility on January 30, 2013, to discuss the request, make observations, and
request additional information;
18. WHEREAS, several City residents notified the LEA in writing of their concerns related to
any future delay of landfill closure and urged the LEA to enforce the existing Order and to
not grant any further delays to final capping requirements;
19. WHEREAS, the LEA issued an inspection report dated January 30, 2013, issuing a
violation notice for failure to close the landfill by December 31, 2012;
Palo Alto/Santa Clara County Stipulated Notice & Order Page 3 of 10
20. WHEREAS, the LEA and CalRecycle maintain that under applicable State standards,
including but not limited to 27 CCR 21110 (a) & (e), the City’s election to delay closure
from the scheduled Summer/Fall 2013 season until the Summer/Fall 2014 season
constitutes a violation of State Permitting and Closure Standards and remains in violation
until final closure of the entire landfill is completed. In contrast, the City disagrees with
this conclusion and maintains that the delay in final closure is justified and does not
constitute a violation. However, through compliance with the below schedule, the City can
achieve its goal of delaying final closure for a short period without any adverse
repercussions resulting from the violation;
21. WHEREAS, the Order No. LEA 2012-01-1 did not impose penalties as long as time
frames in the Order are adhered to;
22. WHEREAS, the City submitted the requested additional information to the LEA,
CalRecycle, and Regional Board on February 12, 2013, which included a project timeline
and study of a more cost effective and environmentally superior engineered alternative
water balance (WB) cover;
23. WHEREAS, the LEA, CalRecycle, and Regional Board have reviewed the timeline the
City provided on the proposed Energy/Compost facility and determined that the future
construction of such a project is likely to cause significant delays of final landfill closure;
24. WHEREAS, This Order allows for the City to make decisions that will provide some
flexibility on any future Energy/Compost facility in order to limit costs associated with
such a proposed project;
25. WHEREAS, the City submitted the final report for the WB cover to the LEA, CalRecycle
and the Regional Board on March 12, 2013 that concluded the WB cover was a feasible
option for final cover;
26. WHEREAS, the City has determined the WB cover would be technically feasible and
would be more cost effective as well as provide maximum flexibility over the current final
cover proposal. In addition the City concludes that the final WB cover proposal provides
adequate protection to human health and the environment;
27. WHEREAS, the LEA concurs with the WB cover recommendation based on information
provided by the City. CCR Title 27 Section 20080 (b-c) [Regional Board authority] and
Section 21090(a) [LEA authority] allows agencies to approve engineered alternatives to
the prescriptive standard for final cover systems provided the selected alternative cover
design performs at least as well as the prescriptive cover design in terms of its ability to
isolate landfill wastes from precipitation and irrigation waters. The discharger must
demonstrate that the prescriptive standard is unreasonably and unnecessarily economically
burdensome and will cost substantially more than an alternative design.
Palo Alto/Santa Clara County Stipulated Notice & Order Page 4 of 10
28. WHEREAS, the City would need to submit a revised final closure plan and postclosure
maintenance plan and obtain approvals from the LEA, CalRecycle and Regional Board for
the additional delay and alternative WB cover;
29. WHEREAS, the proposed WB cover would allow for a progressive closure of the landfill
at a lesser cost than the current proposal. The City estimates the costs for the current
Prescriptive Standard Cover to be approximately $5.725 million and the proposed WB
cover to cost approximately $993,000 which constitutes a significant savings to the City of
over $4.7 million. The cost savings for installation of the proposed WB cover greatly
exceeds the original costs estimates of $3 million to uncap the landfill for a proposed
Energy/Compost facility;
30. WHEREAS, the City Council voted to direct City staff to request landfill closure
postponement of the entire 51 acres;
31. WHEREAS, the City formally requested in a letter dated February 10, 2012, to postpone
the Palo Alto Landfill Phase IIC cap construction work for one construction season (from
Summer/Fall 2012 to Summer/Fall 2013) in order to study the feasibility of an organics
Energy/Compost facility on the City landfill property;
32. WHEREAS, the City requested additional time to evaluate facility designs based on a
recent Request For Proposals for the proposed Energy/Compost facility;
33. WHEREAS, Since July 2011 the City has been preparing for closure by working on the
required closure tasks to date and has delayed the next task of preparing contract
documents;
34. WHEREAS, the LEA and the City recognize that going out to bid in March 2013 was
premature considering the pending final cap design changes;
35. WHEREAS, the City has stated its commitment to protect the environment and the
community by complying with the required monitoring and maintenance tasks for
landfills;
36. WHEREAS, through implementing closure of a portion of the Phase IIC area and
compliance with the revised schedule below, the City can achieve its goal of delaying final
closure for an additional period with limited adverse repercussions resulting from the
violation issued by the LEA;
37. WHEREAS, the City has successfully completed most milestones from the previously
signed Order No. LEA 2012-01-1 as well as the March 29, 2013 letter from the LEA
modifying the compliance schedule for 30 days;
38. WHEREAS, the LEA and CalRecycle deny the City’s January 18, 2013, request for
further postponement of all of the capping work for Phase IIC for one additional year to
December 31, 2014. The agencies are allowing postponement of the completion of the
Palo Alto/Santa Clara County Stipulated Notice & Order Page 5 of 10
Phase IIC cap construction in conformance with the conditions and schedule contained
within this order.
\
\
\
THEREFORE, PURSUANT TO PUBLIC RESOURCES CODE SECTIONS 45000,
45011, AND 44106, THE CITY IS ORDERED TO:
1. Proceed with the following schedule concerning landfill closure of a portion of Phase IIC:
Milestone Estimated
Completion
Dates
Milestone Description
Approval No. 1 -
Receive Final WB
Cover Approval
April 24, 2013 Written conditional approval from the LEA
and State that the WB Cover is acceptable for
the Palo Alto Landfill.
Council Approvals
for the Stipulated
Order and closure
contracts
June 10, 2013 Council approval for: 1) Stipulated order; 2)
Design contract amendment for additional
modeling, testing and closure report revision;
and 3) Closure construction agreement
approval for construction of the WB Cover.
CEQA August 1, 2013 Complete Initial Study/Mitigated Negative
Declaration evaluating Construction Impacts
during WB construction.
Additional
Laboratory Testing
and Modeling
August 31,
2013
Complete additional work to refine the WB
Cover thickness and specifications
Existing Phase IIC
soil delineation
August 31,
2013
Complete field work to identify where
existing soils may meet the WB specifications
Revised Closure and
Postclosure
Maintenance Plan
(CPCMP) Revision
September 15,
2013
Submit final drawings, specifications, and a
revised CPCMP.
Approval No. 2 Estimated
Dates
Final Approval of the Revised CPCMP
from the 3 agencies
Begin WB Cap
construction
14 days after
approvals
Begin importing soils and construction WB
cover.
Submit interim
progress report on
cap construction
December 31,
2013
Delineate acreages where cap has been
installed/confirmed by Quality Control
Program Testing.
Construct WB Cap
over entire Phase IIC
December 31,
2014*
Note – 18 month interval assumes 2 (dry)
construction seasons. WB cover can’t be
constructed during the rainy season.
Submit interim July 1, 2014 Delineate acreages where cap has been
Palo Alto/Santa Clara County Stipulated Notice & Order Page 6 of 10
progress report on
cap construction
installed/confirmed by Quality Control
Program Testing.
Final Construction
Quality Assurance
Report
December 31,
2014*
Prepare and submit quality assurance
documentation Note – 19 months assumes 2
(dry) construction seasons.
* The date above is based on conclusions to determine the percentage of existing WB cap soils
that are already in place in the existing Phase IIC landfill. The study described above as “Existing
Phase IIC soil delineation” will provide an estimate of the quantity of soil that is already available
on-site and can be used for the final landfill cap. If the study concludes that a large quantity of
existing soils are not suitable for the final cap, the City will be required to obtain the appropriate
soils from off-site. The current calculated estimate of soil acceptance is 200,000 cubic years per
year. The City will make good faith efforts to complete the cap by December 31, 2014. However,
unforeseen delays may extend completion beyond that date. Additional time may be requested
beyond that date as described in Section B.3 below.
2. Monthly notices documenting the progress made pursuant to the above schedule shall
be considered public. Notices shall be provided to the following:
a. LEA: Michael Balliet, Santa Clara County LEA, Department of Environmental
Health, 1555 Berger Dr., Ste. 300, San Jose, CA 95112.
Michael.balliet@deh.sccgov.org
b. CalRecycle: Eric Kiruja, California Department of Resources Recycling and
Recovery, 1001 I Street, PO Box 4025, MS 10A-15, Sacramento, CA 95812.
Eric.Kiruja@calrecycle.ca.gov
c. Regional Board: Devender Narala, San Francisco Bay Regional Water Quality
Control Board, 1515 Clay Street, Suite 1400, Oakland, CA 94612
Devender.Narala@waterboards.ca.gov
3. During the closure period, the City will implement all of the provisions stated below to
minimize environmental impacts:
a) Complete the foundation layer grading. Except in limited areas where some
capacity is needed for clearing and grubbing spoils.
b) Continue operating the gas and leachate systems at high efficiency
c) Protect storm water by adding and maintaining stormwater protection Best
Management Practices (BMPs). City staff will commit to maintaining these BMPs
through the 2013/2104 wet season.
d) The City will seed bare areas within the closed sections of the landfill.
e) The City will also continue monitoring in accordance with the following table:
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Palo Alto/Santa Clara County Stipulated Notice & Order Page 7 of 10
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Monitoring Schedule
Item Tasks Minimum Frequency
Landfill Gas Surface Monitoring
Extraction components
Wellheads
Soil gas offsite migration
Quarterly
Quarterly
Monthly
Quarterly
Leachate Wells and conveyance system Weekly
Stormwater Runoff
Sampling
Other observations
Monthly during wet season
Minimum twice per year
Quarterly
Perimeter
Monitoring
Erosion, seeps, other problems Monthly
Other Monitoring
(Top Deck)
Erosion, seeps, other problems Monthly
A. PLEASE TAKE NOTICE THAT PURSUANT TO PUBLIC RESOURCES CODE
SECTIONS 45011, 45014, 45023, 45024, 44305 AND 44306 if the above actions are not
completed or complied with by the specified date, and no extension of time has been granted
consistent with the terms of this Stipulated Notice and Order, the LEA and/or CalRecycle
may:
1. Petition the superior court for injunctive relief to enforce this Stipulated Notice and Order.
(Public Resources Code Section 45014);
2. Petition the superior court for civil penalties in an amount not to exceed $10,000 per day
for each violation (Public Resources Code Section 45023 and 45024);
3. Impose administrative civil penalties in an amount not to exceed $5,000 per day for each
day the Facility fails to achieve compliance with the time frames specified above (Public
Resources Code Section 45011); and/or
4. Suspend or revoke the SWFP (Public Resources Code Sections 44305 and 44306).
B. ADDITIONAL STIPULATED NOTICE AND ORDER PROVISIONS
1. The City agrees to evaluate design options for the proposed Energy/Compost facility and
will encourage proposals that will limit disturbance of the final landfill cap in order to
address the City’s cost concerns of possible cap removal. The City further agrees to make
a good faith effort to identify and resolve engineering challenges for the new cap and
Palo Alto/Santa Clara County Stipulated Notice & Order Page 8 of 10
proposed Energy/Compost facility so that both can be completed in a timely and cost
effective manner.
2. The City shall not transfer legal ownership to another party or operator until after the
facility is completely certified and closed.
3. In the event the time frames for completion of the above specified activities cannot be
adhered to despite City’s good faith efforts, then the LEA, after consultation with
CalRecycle, may extend the time frames consistent with applicable state regulations. The
LEA, after consultation with CalRecycle, shall review and in its reasonable discretion may
approve the extension request upon the City’s showing of its good faith efforts to
otherwise meet the above deadlines or upon other reasonable grounds. Any requests for
extension must be submitted in writing with appropriate justification at least two weeks
prior to the due date. Any such extension to the time frames or other amendment to this
Stipulated Notice and Order shall be in the form of an Addendum or Amended Stipulated
Notice and Order. The LEA, after consultation with CalRecycle, shall determine if an
Addendum or Amended Stipulated Notice and Order are appropriate.
4. Failure to comply with the schedule outlined in this Stipulated Notice and Order may
result in the LEA and/or CalRecycle expending available funds under the circumstances
set forth in Public Resources Code Sections 45000 and/or 48020, et seq., which, in the
judgment of the LEA and/or CalRecycle, is required by the magnitude of endeavor or the
need for prompt action to protect public health and safety or the environment. If the LEA
and/or CalRecycle expend funds to perform work authorized by Sections 45000 and/or
48020, et seq., the LEA and/or CalRecycle may seek cost reimbursement from the City
pursuant to Public Resources Code Sections 45000(d) and 48023. Moreover, funds so
expended by CalRecycle constitute a lien upon the real property owned by any responsible
party that is subject to the remedial action, pursuant to Public Resources Code Section
48023.5
5. This Stipulated Notice and Order has been negotiated in good faith and the actions
undertaken by the City in accordance with this Stipulated Notice and Order do not
constitute an admission of any fault. The City does not admit, and retains the right to
controvert in any subsequent proceedings, other than proceedings to implement and
enforce this Stipulated Notice and Order, any terms of this Stipulated Notice and Order.
6. All parties to this Stipulated Notice and Order agree to comply with and be bound by the
terms of this Stipulated Notice and Order.
7. Neither the LEA nor CalRecycle shall be liable for injuries or damages to persons or
property resulting from acts or omissions by the City or related parties in carrying out
activities pursuant to this Stipulated Notice and Order, nor shall the LEA or CalRecycle be
held as a party to any contract entered into by the City or its agent(s) in carrying out
activities pursuant to this Stipulated Notice and Order.
Palo Alto/Santa Clara County Stipulated Notice & Order Page 9 of 10
8. This Stipulated Notice and Order does not relieve the City from complying with all other
applicable local, state, and federal requirements, nor does it preclude the LEA or
CalRecycle from taking any and all other enforcement actions allowed by law.
9. Any notice or correspondence to the City pertaining to this Stipulated Notice and Order
shall reference the Stipulated Notice and Order and be directed as follows:
Phil Bobel, Assistant Director
City of Palo Alto Public Works Department
PO Box 10250
Palo Alto, CA 94303
10. This Stipulated Notice and Order may only be amended in writing by an appropriate
representative of the LEA and the City. Any such addendum or amendment to this
Stipulated Notice and Order shall be signed by a representative of the LEA and the City
and shall become a part of this Stipulated Notice and Order.
This Stipulated Notice and Order is agreed upon and issued as of the last date set forth below.
County of Santa Clara:
_________________________________________ _____________
Michael Balliet Date
Hazardous Materials Program Manager
Santa Clara County Department of Environmental Health
Local Enforcement Agency
APPROVED AS TO FORM AND LEGALITY:
________________________________________ _____________
Mark Bernal, Deputy County Counsel Date
City of Palo Alto:
_________________________________________ ____________
Phil Bobel, Assistant Director – Environmental Services Date
City of Palo Alto, Department of Public Works
APPROVED AS TO FORM AND LEGALITY:
Palo Alto/Santa Clara County Stipulated Notice & Order Page 10 of 10
____________________________________________ _____________
Cara Silver, Senior Assistant City Attorney Date