HomeMy WebLinkAbout0521.000'. -
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OCtobe:r 4 ~ 19'90
THE HONORABLE CITY COUNCIL
Palo Alto, California
Regional Water Quality Contr2l...n Plant Envirorunental_nstudies
Consultant Agreement
Members of the Council:
Re~t in Brief
This report recommends that counci~ authorize the Hayor to eKccute
an agreement with James H. ~tqomery, Consulting Engineers~ Inc.
(JMK), in the a~ount of $141~44J, for the first of two phases of
work to conduct environmental studies required by regulatory
agencies. FUnds are available. in the Wastewater Fund FY 1990-91
operatinq budget.
~gground'
The Regional Water QUality Control Plant (RWQCPJ is required to
conduct. a number of e.nvironmental studie.s by the Regional. Water
Quality Control Board {Reqional Board} and the Bay Area Air Quality
xanaqement District (Air District). These studies were commenced
in earlier aqreements and further studies are now required.
Di sciJss-.i2n
A Request for Proposals f~r performing environmental studies was
issued to five consultant firES and three responded. The proposals
were reviewed in accordance with the City's selection procedure for
professional consultants. Only Ja~es x. Xontgomery~ Consulting
Engineers, Inc. (JMM) was interviewed, :because their p-roposal
demons~rated a significantly better knowledge of the study
requirements ar,d an experienced project team which could expedite
completion of all project t.asks~ J"MM's costs were the same or
lower than the ot;her consul tant firms. The two other firms
submitting proposals were Kennedy/Jenks/Chilton Consulting
Enqineers and Scientists, and Uribe Associates. This project vas
included in the list of FY 90-91 consu~tant 'Work 5ubDitted to the
Finance and Public W?rks Committee in July 1990 and was not
selected to be returned to the Committee for review.
The attached agreement wit.h .JlOl covers consult.ant t.asks to be
accomplished in two phases. Staff is requesting approval for the
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first phase -of .. ork at this time in order to meet short tera
regulatory agency deadlines. Staff will return to council with a
>legotiated cost fo·r the second phase by Jamlary 1991 when Board
req'uirements are clarified. The first phase consists of:
• • • • •
Cost Impact Study (Phase Il
Marsh Conversion Study
Air Risk Assessment
Inclnerator Evaluation
Additional Services
TOTAL
'$ 10,228
55 .. 40'0
50" 0<15
16,800
9,010
rhe Costjlmpact Study is required by the 'Water discharqe. permit and
is due on August 1, 1991. The purpose is to deteraine the. impact
fcom the discharge of metals on South San Francisco Bay and to
compare that impact to the dollar and environmental costs of
reducing the metals.
The Marsh Conversion Study is to establish tile amount of salt"
brackish and fresb water marsh 'Which exists in the area of the
RWQCP's discharge. This .. ill allOW' staff to determirle .. hether the
marsh cbanges in the future.. conversion of s,al t to fresh water
marsh is a potential problem because certain endangered and other
species depend on tbe salt marsh.
The Air Risk Assessment is designed to calculate the possible rIsk
from. the air emissions at t.he RWQCP to workers and residents ..
State law requires that. it be submitted by January 31, 1991. The
Incinerato;r Evaluation is a preliminary study of methods of
reducing incinerator emissions ..
The Additional Services portion of the contract is needed to fund
smaller studies and follow-up items, which are being required by
the regulatory agencies with increasingly shorter turn-around
times.. These include commercial sector source control planning
documents and identification of residential control opportunities.
A general list of tasks tor Phase II work has been included in the
attached agreemeni;.. These include finalizing the Cost Impact Study
and further source control work.
Staff will return t.o Council .. ith an amendment to the agreement
vbich clarifies these tasks and specifies a negotiated tee. It is
anticipated that the approved FY 90-91 budget will not be suffi
eient to fund Phase II tasks and that a Budget Amendment Ordinance
will be required.
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Recommenda\iops.
St.aff recolDlDends that. council:-
1. Approve and authorite the Mayor to elCecute the attached
consultant agreement with James M .. Montgomery, consulting
Engineers, Inc .. for Phase I work in the amount of $141,'43 to
conduct environmental studies required b)-the Regional Water
Quality Control Board as conditions of the R~ional Water
Qu~lity control Plant's discharge permit ..
2. Authorize the city Manager or his designee to negotiate and
execute amendments to the agreement for services related to or
incidental to the scope of vork or services l the value o~ all
of 'Which amendments shall not exceed $5 ~ 0,0'0 ..
Respectfully 6ubmitted,
{/~
PHIL SOBEL
Manaqer l Environmental compliance
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A G R J I • I H ,
BETnEIi nu: CITY 01' PALO ALTO AJIl)
JaMES K. MONTGOMERT, COKSULYINO ENGINEERS, INC.
FOR PROPBSSIONAL BNGINEeRING CONSULTANT SERVICes
THIS AGREEMENT is maoe and entered into this ___ day o.f
~...,.,.----c. 1990, by and between the CITY OF PALO ALTO.. a
municipal corporation of California, hereinafter referred to as
·CITY .. • and JAKES x. MONTGOMERY, CONSULTING ENGINEERS, INC.
(Taxpayer Identification No.95-1S78S05). a California Consulting
Engineering Corporation .... with offices at 355 Lennon Lane, Walnut
Cceek. CA 94598 1 hereinafter referred to as ·CONSULTANT-;
• IT. E S 8 Z ~ K:
WHEREAS, CITY desires certain professional services
hereinafter described; and
WHEREAS, CITY desir~s to engage CONSULTANT to provide
these services by reason ~f its qualifications and experience for
performinq such services .... and CONSULTAN1' has offered to provide the.
required services on the terms and in the manner set forth hereIn;
NOW. _THEREFORE,. in ccnsideration of their mutual
covenants,. the parties hereto aqree as €ollows:
SECTION _1. __ =_ DEFINITIONS
The term "City· as used in this Agreement shall mean and
include all the territory lying within the municipal boundaries of
the City of Palo Alto~ California, as presently existing, plus all
territory which may be added thereto during the term of this
Agreement by annexation or otherwise.
l.~ CITY MANAGER
The te:c:m ·City Hanaqer-shall mean the d·.lly appointed
city Manager of the city of Palo Alto, California, or his
designated representative.
L 1 CITY ATTORNEY
The term ·City Attorney· shall mean the duly appointed
City Attorney of the City of Palo Alto, California,. or his
designated representative.
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1. 4. CITY CLER g
The term ·City Clerk-shall mean the duly appointed City
Clerk of the City of Palo Alto, California ... or her d"esiqnated
representative.
1.S RISK MANAGER
The term -Risk Manager-shall mean t~ duly appointed
Risk. Manager of the City of Palo Alto, California.. or his
designated representative.
1.6 ~cr
The term
Exhibit WA-entitled
part bereof by this
·Project
·SCope of
l"e:ference.
means the services described in
Project-attached bereto and made a
SECT!ON 2 -PROJECT COORDINATION
2.1 £U::!
The City Manager shall be representative of CITY for all
purposes under this Agreement. Phil Sobel is designated as the
PROJECT MANAGER for the city Manager, and he shall supervise the
progress and execution Qf this Agreement, aoo shall also be
designated as the PROJECT ENGINEER.
2.2 CQNSULTANT
CONSULTt\NT shall assign a single PROJECT DIRECTOR to have
overall respvnsibility for the progress and execution of this
Agreement for CONSULT~~ Randall D. Raines is hereby designated
as the PROJECT DIRECTOR f.or CONSULTANT. Tony Bui shall be assigned
as PROJECT COORDINATOR for CONSULTANT and shall represent CONSUL
TANT during the day-to-day work on the Project. Should circum
stances or conditions subsequent to the e.:acecution of this Agree:::lent
require a substitute PROJECT DlRECTC·R or PROJECT COORDINATOR for
any reason the PROJEcr DIREC'r'OR or PROJECT COORDINATOR designee
shall be subject to the prior written approval of the PROJECT
ENGINEER.
SECTION ), -SCOPE OF PROJECT
The scope of the Project to be executed by CONSULTANT
under the phases of the Basic Services described in section 4.1 of
this Agreement is as described in Exhibit -A-.
SECTION 4 -DUTIES OF CONSULTANT
4.1 BASIC SERVICES
4.1.1 Pha~e I of Basic Services. Under Phase I of
the Basic Services, CONSULTANT shall perform the following tasks
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described in Section I of Exhibit -A-: (iJ Task 1 -~Health Risk
Assessment-. including Subtasks la1-1.1!!i. iii) Subtask 2.1
·SUlI.UDari.z:e Historical Oata on Metals and -cyanide Discharge-~
inclU<!ing Sub,task 2.1a-2.1c; (iii) T.!I:sk 3 -·Second: Year Marsh
conversion Study·, including Subtasks 3.1-3.4: and {iv) Task 4 -
-Incinerator Scrubber Evaluation-, including Subtasks 4.1-4.5.
CONSULTANT shall proce~ yith Phase I of the Basic SerYices after
the execution of this Agreement and upon receipt of Notice To
Proceed under Phase I from the PROJECT MANAGER.
4.1.2 Phase II of Basic services. U.nder Phase II of
the Basic Services~ CONSULTANT shall perform the following tasKS
described in Section I of ExhibIt -A-: Subtasks 2.2-2.8, related
to the '-Cost/Impact Analysis of Achie.ving Water Quality Based
Effluent Limits.-CONSULTANT shall proceed with Phase II ~f the
Basic services only after authorization from the Palo Alto City
Council and upon receipt of Notice To Proceed under Phase II from
the PROJECT MANAGER.
4.2 ADDIT!ONAL SER~!C~~
CONSULTANT shall perfo~ or Obtain any and all Qf the
following additional service5 4 not included under the Basic
services" if so authorized in wri tinq by CITY" and shall be paid as
provided in section 6 of this Agreement:
4.2.1
agreed upon by
Agreement.
Performinq any other services that may be
the parties subsequent to the execution of this
4.2.2 The following task described in Section II of
Exhibit -A-: Task S -·Source Reduction Program Development·.
including Subtasks S.1-5.6.
4.3 GENERAL DUTIES OF CONSULTANT
4.3.1 CONSULTANT represents that it is qualified to
furnish the services described under this Agreement. CONSULTANT
further declares that one or more members or employees of bis firm
and that of its subconsultants, if anYr are licensed by the state
of California to perform their services and that these services
will be performed by them or under their supervision. CONSULTANT
shall furnish to CITY' for approval" prior to execution of this
~greementr a list of all firms or corporations to be employed as
subconsultants.
4.3.2 CONSULTANT states that it is aware of the
requirements of the Government Code and t~e Health and Safety Code
of the State of California relating to access to public buildings
and accommodations for physically handicapped 'persons" and relating
to facilities for handicapped persons. CONSULTANT shall comply
with sucb provisions in carryi~ out the terms of this Agreement.
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4.3.3 CONSULTANT shall ~urnish CITY with every
reasonable opportunity tor CITY to ascertain that the services of
CONSULTANT are being pertorZled in. .accordance with the requirements
and intentions of this Agreement.
SECTION S -DUtIES OF CIty
5~1 CITY sh.all provide tull inform.ation regarding its
requirement5 for the Project.
5.2 CITY shall examine documents 5ubmitted by CONSULTANT and
shall render decisions pertaining thereto prompt.ly.. to avoid
~nreasonable delay in the progress of CONSULTANTts work.
5.3 The services .. information, survey5 and reports required
by paragraph 5.1 shall be furnished at CITY'a expense and CONSUL
TANT shall be entitled to rely u·pon the &ccu=acy thereof.
5.( l~ CITY observes or othe~i5. becomes aware of any fault
or defect in the Project or nonconformance with the. contract
documents, C!TY shall give p·rompt: ".rritten notice thereof to
CONSULTANT.
5.5 CITY shall furnish information required by CONSULTANT as
expeditiously as po5sible~
SECTION 6 -PAYMENT
payment shall b4 made by CITY only tor 5.rvices rende.red
and within thirty (30J ~ays of submi5Sion in triplicate of monthly
p·roqre.ss payment re-quests. Each invoice shall be itemiz'ed as to
t.he type of payment described in this section.
6.1 ~TANT'S FEES
6.1~1 In consid~r&tion tor the full performanc~ ot
Phase I of t.,'le Basic Services described in section 4.1 of this
Agreement~ CITY agrees to pay CONSULTANT a fee not to exceed One
Hundred Thirty-Two Thousand Four Hundred and Thirty-Three Dollars
($132~433.00) for the first year of the term of this Agreement.
6.1.2 The amour.t of CONSULTANTts compensation for
Phase I of the Basic Services shall be calculated as set forth in
Exhibit ·8-.. Fee Schedule .. attached hereto and made a part hereof
by this reference, up to the maximum amount •• t forth in paragraph
6.1.1.
6.1.3 In consideration for the tull performance of
Phase II of the Basic services d.scri~ed in section 4.1 of this
Agreement .. CITY anticipates that it yill pay CONSULTANT a fee not
to exceed One Hundred Eighteen Thousand Five Hundred .Fifty Nine
Dollars ($118,5S9.00).
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6 .. 1.4 The amount of CONSULTANT's compensation fot'
Phase II of the Basic Services is also anticipated to be calculated
as set forth in Exhibit -S-, up to the maxim~ amount set forth in
paragraph 6~ 1.3. Final detenaination and allocation of CONSUL
TANT's fees tor Phase II of the Basic services shall be subject to
the approval of the Palo Alto City Council.
6.1.5 S-ubconsul tants. Fees for 5ubconsultants ... hired
directly by CONSULTANT, shall be approved by CITY in advance of
incurring such fees.
6.1.6 For Additional ~en'ice~. For-CONSULTA..."'lT 's
additional services; as descriped in Sectio~ 4~2 of this Agreement,
compensation shall be as prescribed in Exhibit -S-I but not to
exceed Nine Thousand Ten Dollars {$9 .. 010. 0,0) for the first year of
the term of this Agreement. CONSULTANT's compensation tor
additional services shall be computed en a time and materials basis
as shown in Exhibit ·B·~ The rate schedules shall be updated on
January 1 of each year.
~.1.7 For Extra Work or Ch~~~. Payment for extra
~ork ~r changes in the work not initiated by the CONSULTANT and
autho·rized in writing by the PROJECT ENGINEER shall be madE: withIn
thirty (30) days of submission by CONSULTANT of a statement in
triplicate of itemized costs covering such work. Prier to
commencing such e~tra work or changes. CONSULTANT and CITY shall
agree u·pon an estimatea not-to-exceed cost for such extra "Work. In
no ~vent shall CONSULTANT be paid for design ~ork or change order
preparation which is "necessary becaose of CONSULTANT's errors or
oversights ..
6.1.8 Calculation of Direct Personnel Expense.
Direct personnel expense of employees engaged on the Project by
CONSULTANT includes the work of architects, engineers. designers r
job captains~ draftspersoos, specification writers and typists, in
consultation r research and design, in produ~ing dra~ings, specifi
cations and othe:-documents pertaining to the Project.. and in
services during construction at the site. Included in the cost of
direct personnel expense of these employees are salaries and
mandatory and customary benefits sucb as statutory employee
benefits~ insurance~ sick leave. holidays and vacations, pensIons
and similar benefits.
6.2 PAYMENT SCHEDULE
6.2.1
Services sball be
services performed.
For Basic Services. Pa:l"lDents
made in progress payments in
for· the Basic
proportion to
Final payment under each phase of th·:!! Basic services
shall be made by CITY after CONSULTANT has submitted all required
products and reports and received approval thereon by CIT¥~
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6.2.2 For-Additional Services. Payments for
additional services of CONSULTANT as defined in Section 4 shall be
made on a time and materials basis and as part vf the monthly
progress payments tor the Basic services rendered in accordance
with Exhibit WB-,
6.2.) Qeductions.
CONSULTANT's compensation on
damages. O~ other sums withheld
No deductions shall be made from
account of penalty, liquidated
from payments to contractors.
6.2... Payment Upon SUspension or Abandonment of
Pro;e<;,.t. If tile project is suspended for more than three (3)
~ths or abandoned in vb~le or in part# CONSULTANT shall be paid
its co:mpensation for services performed. prior to receipt of written
notice frOD CITY of such suspension or abandonment, together with
additional and reimbursable expenses then due. If the Project is
resumed afte.r being suspended for more than sixty C6·0} days" any
change in CONSULTANT's ~Qmpensation shall be 5ubject to renegotia
tion and .. if necessary" approval by the Palo Alto City Council. If
this Agreeme.nt is suspended or t~rminated for fault of CONSOLTANT,
CITY shall be obligated to compensate CONSULTANT only for that
portion of CONSULTANT's services 'Whicb are provided prior to
suspension or abandonment.
SEctION 7 -PROGRESS hNP COMPLETION
1.1 TERM OF AGREEMENT AND RENEWAL
The initial tera of this Agreement is twelve (12) m~ths.
However" CIT~ reserves the right to cancel or modify the Agreement
according to any changes or deletions in regulatory agency
requirements for CONSULTAN'T's services. CITY may renew this
Agreement with CONSULTANT 00 an annual basis for u·p to two {2}
additional years fol1o~inq the first year of the Agreement. The
renewal of the Agreement is subject to whether CONSULTANT's
performance under the Agreement is satisfactory to CITY and 'Whether
the Palo Alto city council allocates funding for the Agreement for
each of the subsequent t .... o (2J fiscal years of the term. Prior to
the renewal of this Agreement~ CIT~ and CONSULTANT shall negotiate
a mutually ~cceptable escalaticn factor tor fees to be paid to
CONSULTANT for its services under the renewed Agreement. If no
agreement -can be re3ched on an accep.table escalation factor" the
Agreement shall not be renewed.
7.2 TIME IS OF THE ESSENCE
It is understood and agreed that time is of the essence
of this Agreement.. and that~ following receipt of Notice to
Proceed" CONSULTANT shall commence 'Work on initial tasks under
Phase I of t.he Basic Services in accordance with the time sched·ule
set forth in Exhibit -A-. Work on subsequent tasks under Phase I
shall proceed in accordance with said time schedule. Work under
Phase II of the Agreement shall p·roceed only following approval and
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funding by the Palo Alto City council of Phase II of the Aqreement
and CONSOLTANT's receipt of Notice To Proceed under Phase Ir.
1.3 TIXE OF COMPLETION OF EACH PHAg
CONSULTANT agrees to perform the Basic Services within
the time Ii.its set forth in Exhibit -A-provided. however~ that
any change in the sccpe of services or other changes due to CITY's
operating requirements .. or in connection with other contractors or
consultants operations l may require a revised time table.
CITY agrees to exercise due diligence in performing its
tasks to implement the CONSULTANT's time table.
7. c CITY I 5 RE:V!EW AND APPROV!..L
Between each phase of -work there is a review and approval
period by CITY. The CITY will exercise due diligence to complete
these tasks; however.. it is recognized that the interrelated
exchange of information among CITY's various departments maxes it
impossible to set a specific time schedule. Normally. the CITY's
estimated period of review and approval will be furnished to
CONSULTANT at the time of sUbmission of each phase of work.
7.5 EXTENSIO~ Of TIJII'..E OF COMPLETION
In the event the services -called tor under this Agreement
are no,t completed by CONSULTANT 'Within the time specified. CITY
shall have the option to extend the time of completion.
SECTION 8 -CHANGES IN WORK
CITY may order major changes in scope or character of
~orkl either decreasing or increasing the amount of CONSULTANT's
services. In the event that such changes are ordered, CONSULTANT
shall be entitled to full compensation for all work performed prior
to receipt of notice of change. Increased compensation for major
changes shall be determined in accordance 'With section 6 of the
Agreement, but in no event shall CITY be liable for payment unless
the amount of su~h extra compensation shall rirst have been agreed
to in 'Writing by CITY ..
In the evant that major changes are ordered pursuant to
this section, the schedule for progress and ~ompletion in Secticn
7 ,of this Agreement and compensation shall be adjusted by neso,tia
tion between CONSULTANT and CITY r subject to approval, if necessary
by the Palo Alto City Council.
SECTION 9 -TERMINATION OR SUSPENSION OF AGREEMENT
9 .. 1 C1u.'lCELLA'I,'ION aT CONSULTANT
CONSULTANT may termina.te this Agreement or suspend lIo'ork
on the Project upon thirty (30) days1 written notice to CITY, but
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only in the event of SUbstantial failure of performance by CITY or
in the ev~nt CITY abandons or indefinitely postpones the Project.
9.2 CANCELLATIOn Bt CITY
Without limitation to such rights or remedies as CITY
sb3l1 otherwise have by law~ CITY shall have the right to termin~te
this Agreement or suspend ~ork on the Project for any reason, upon
fifteen {lS) days' 'Written notice to CONSULTANT ... or immediat!!:ly
after submission to CITY by CONSULTANT, ot any completed item of
service specified i!'l section C of this Agreement. CONSULTANT
agrE"es to -cease all work under this Agreement u·pon receipt of said
written notice.
9~) COMPENSATION OF CONSULTANT IN THE
EVENT OF TtRMIN~TION OF THIS AGREEMENt
In the event of termination o~ this
suspension of work on the Project by either CITY
CONSULTANT shall receive compensation as follows:
Aqreement or
or CONSULTANT ~
9.3.1 For approved items of service under Section.
of this Aqreement, compensation shall be in the amount outlined
under Section 6 of this Aqreement for the items of service fully
performed by CONSULTANT.
9.3.2 For items of service on which a not-ice to
proceed has been issued by CITY. but lihich have not been fully
completed and approved ... CONSULTANT shall be compensated for said
service in an amount Which bears the same ratio to the total fee
o·thervise payable for the performance of said se.rvice as the
service actually rendered bears to the total service necessary for
the full performance of said item of service.
9.).3 In no e.vent shall the total compensation paid
in the immediately preceding paragraphs exceed the payment
specified in section 6 for the respective items of service to be
furr.ished by CONSULTANT~
9~ 3.4 Notwithstanding anythinq in the preceding para-
graphs, upon termination for fault of CONSULTANT, CITY shall be
001 igated to pay for only that portion of the 'Service which can be
incorporated in the Project.
9.,( DUTIES OF CITY ]o..ND CONSUVfAST
Upon terainaticn of this Agreement or suspension of ~ork
on the Project by either cIT'i or CONSULTANT 6 all duties of CITY and
CONSULTANT, as set forth in sections 4 and 5 bereinabove, shall
terminate.
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SECTION 10 _ -COt'SULTNlT'S "'CCOUNTIN~. __ R£m_RDS
Records of all expenses pertaining to the Project shall
be kept by CONSULTANT on a generally recogr.i~ed accounting basis
and shall be available to CITY at mutually convenient times~
SEC'fI'JN 11 -.QWNERSH1P OF DOCUMENTS
11.1 Subject to the provisions of Paragraph 11.2 below~ the
original drawinq5~ maps, plans, designs, records of survey, work
data, specifications, studies and other documents prepared by
CONSULTANT in the performance of this Agreement, although instru
ments of professional service, are and shall be the property of
CITY.
11.2 Upon termination under section 9 of this Agreement and
upon CITY's payment of the amount required to be paid under same
section, the originals and all drawings, calculations, speclfica
tions~ studies and similar documants becoma the property of CITY.
and CONSULTANT sha11 transfer them to CITY upon request without
additional compensation. CITY shall have the right to utilize any
completed or uncompleted dra~ings~ estimates, specIfications, and
o·ther documents prepared hereunder by CONSULTAN'l': however ~ CITY
shall indeJ!".nify CONSULTANT against any loss which may be caused to
CONSULTANT by such use and reuse.
SECTION 12 -INTERES_T OF CONSULTANT; CONSULTANT INDEPEN
~..Qf_g-~~
In accepting this Agreement, CONSULTANT covenants that it
presently has no interest, and shall not acquire any interest~
direct or indireGt, financial or otherwise,. which would conflict in
any manner or degree with the perCormance of the services here
under. CONSULTANT further covenants that,. in the performance of
this Agreement, no subcontractor or person having such an interest
shall be employed. CONSULTANT certifies that no one who has or
will have. any financial interest under this Agreement is an officer
or emplo:tee of CITY.
It is expressly agreed that in the performance of the
professiOllal services required under this Agreement CONSOLTANT~ and
any of its subconsultants or employees~ shall at all times be ~on
sidered independent contractors and not agents or employees of
CITY.
SECTION 13 -OGTSTIJE CONSULTANTS
CONSULT.ANT shall be responsible for employing all outside
conSUltants (subco-nsultants) necessary to aid CONSULTANT in the
performance of the services listed in Section C of this Agreement;
provided, ho'tiever. that all su.ch subconsultants shall receive prior
approval of CITY in ~itir.g and shall remain acceptable to CITY
during the term of this Agreement~
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SECTION 14 -INPEMNITY
CONSULTANT agrees to indemni [y. defend and hold harmless
CITY, its offieers, agents and employees from any and all demands,
claims, or liability of any nature, including death or injury to
any person .. property damage or any ether loss, caused by or arising
out of CO~SOLTANT'S, its officers', agents', subcontractors 1 or
employees' negligent acts, errors, or omissions, or ~illful
misconduct, Or conduct for vhich the la~ imposes strict liability
on CONSULTA.VI in the performance or failure to perform this
Agreement.
SEczrON ]5 -INSURANCE
15.1 CONSULT~VT, at its sole cost and expense, shall obtain
and maintain, in full force and effect througbout the entire term
of this Agreement, the insurance coverage descrihed in Exhibit ·C-.
attached he~eto a~ made a part hereof by this reference, insuring
not only CONSULTANT and its subcontractors, if any~ but a1s0 1 with
the exception of .... orkers· compensation, emplo~ .. er's liability
insurance and profe.ssional liability insurance, CITY, its o:fficers.
agents and employees, and each of them, yith respect to activities
and services performed by CONSULTANT for or on behal f of CITY under
the provisions of this Agreement.
lS.2 Certificates of such insurance, preferably on the forms
p;rovided by CIT'i 1 shall be fiI"ed with CITY concurrently 'With the
execution of this Agreement or, vith CITY's approval, yithin ten
tiD) working days thereafter. said certificates shall be subject
t-=> the approval of the CITY Risk Manager and shall contain an
eIiCorsement stating that said insuran<::e is primary coverage and
will not be cancelled or altered by the insurer except after filir~
~ith the city Clark thirty (30) days' prior ~ritten notice of such
cancellation or alteration, and that the City of Palo Alto is named
as an additional insured (except in policies of pr-ofessional
liability insurance). Current certificates of such insurance sball
be kept on file at all times during the term of this Agreement with
the city Clerk.
SECTION 16 -WORKERS' ~~PENSATION
CONSULTANT, by executing this Agreement, certifies that
it is aware of the provisions of the Labor Code of the state of
Cal ifornia ~hlch require every employer to be insured against
liability for workers' compensation or to und~rtake self-insurance
in accordance vith the provisions of that Code l and certifies that
it will comply with such provisions before cOmDencing the perform
ance of the work of this Agreement~
CONSULTANT agrees to permit CITi' to audit, at any
reasonable time during the term of this Agreement and for three (J)
years thereafter, CONSULTANTts records pertaining to matters
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covered by this Agreement. CONSULTk~T further agrees to maintain
such records tor at least three (3) yea:s after the term of this
Agreement a
SEc'noN 18 -:."'-GREEMENT BINDING
The terms I covenants, and conditions of this Agreement
shall apply to_ and shall bind, the heirs, successors, executors~
administrators. assigns, and subcontractors of both parties.
~iQN 19 -NONASSIGNABILITX
19.1 PERSONAL SERVICES Of CONS~LTANT
Both parties hereto recognize that this Agreement is for
the personal services of CONSULTANT and cannot i:le transferred,
assigned or subcontracted by CONSULTANT 'Without the prior written
consent of CITY.
19.2 SERVICES OF SUBCQNSULTANT AND THEIR EJIl'PLOYEES
CONSULTANT shall be responsible for employing or engaging
all persons necessary to perform the services of CONSULTANT here
under.. No subconsultant of CONSULT.~t...'iT will be recogrJized by CITY
as such: rather, all subconsultants are deemed to be employees of
CONSULTANT, and it agrees ·to be responsible for their performa~ce.
CONSULTANT shall qive its personal attention to the fulfillment of
tbe provisions of this Agreement by all of its employees and sub
coosultants, if any, and shall keep the work under its control. If
any employee or subccnsultant of CONSULTANT fails or refuses to
carry out the prOVisions of thi~ Agreement or appears to be
inc~etent or to act in a disorderly or improper manner ... he or she
shall be discharged immediately from the work under this Agreement
on demand. ot CITY.
SECTION 2 Q -RELIA.."'lCE UPON PROFESSION~1_ SJ~':.lLL...Q[
WNSULTANT
It is mutually understood and agreed by and bet~een the
parties hereto that CONSULTANT is skilled in the professional
calling necessary to perform the ~ork agreed to be done hereunder
and that CITY relies upon the skill of CONSULTANT to do and perform
the work in the most skillful manner .. and CONSULTANT agrees to thus
perform the vork. The acceptance of CONSULTANT's work by CITY does
not operate as a release of CONSULTANT from said obligation.
SECTION 2l -WAIVERS
The "Waiver by either party of any breach or violation of
any term .. covenant,. or condition of this Agreement or of any
provision ... ordinance,. or law shall not be deemed to be a waiver of
any other term .. covenant .. condition, ordinance, or law or of any
subsequent breach or violation of the same or of any other term,.
covenant,. condition, ordinance .. or law. The subsequent acceptar~e
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by either party of any tee or other money ~hich M3Y become due
hereunder shall not be deemed to be a "Jai-.~er of any preceding
breach or violation by the other party of any term~ covenant. or
condition of this Agreement or cf any applicable law O~ ordinance.
SECTION 22 -NQ IMPLIED WAIVER
No payment., partL!ll payment, accep,tance. or partial
acceptance by CITY shall operate as a ~aiver on the part of CITY oC
any of its rights under this Agreementa
SECTlor; 2) -COSTS ANp ATTORNEYS' FE~
The prevailing party in any action brought to enforce the
tenns of this Agreement or arising out of this Agree.ment may
reCQver its reasonable costs and attorney fees ex~nded in
connection with such an action from the other ~rty.
SECTION 24 -NONDISCRIMINATIO~; PENALTy
24.1 PUT'! OF CONSULTANT
No discrimination shall be made in the employment of
pe~s~s under this Agreement because ~f the race. color. national
or~~1n. ancQstry. religion or sex of such perscn~ If the value of
this Aqreement is, or may be. Five Thousand Dollars {$5,OOO} or
more, CONSULT~ aqrees to meet ali requirements of the Palo Alto
Municipal Code pertaining to nondiscrimination in employment and to
complete and submit the ·Compliance Report--Noodisc~imination
Provi~ions of City of Palo Alto Contracts· on th~ form. furnished by
CITY,
CONSULTANT agrees that each aqree~ent for services from
independent providers shall contain a provision substantially as
folloW'S-:
·PROVIDER shall provide CONSULTANT ~ith a
certificate stating that he (or she) is currently in
compliance with all Federal and State of California la~s
covering nondiscrimination in employment: t.hat be. (or
sbe) will pursue an affirmative course of action as
required by the Affirmative Action Guidelines of t.he City
of Palo Alto; and that be (or she) ~ill not discriminate
in the employment of an~t" person under this contract
because of race. 4:;olor. national origin. ancestry. sex or
religion of such person.-
24,2 PENALTY fOF< O!SCRnUNATlaN
I f CONSULTANT is found in violation of the nondiscrimina
tion prOV1s~ons of the State of Cali€ornia Fair Employment
practices Act or similar p"t"Qvisions of federal law-or executive
order in the perfQ~ance of this Agreement, it shall thereby be
found in ~aterial breach of this Agre~ment. Thereupon. CITY shall
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have the power to cancel or suspend this Agreement, in whole or in
part. or to deduct from the amount payable to CONSULTANT the sum of
Twenty-Five Dollars ($25} for each person !¢r each calendar day
d,urinq 'Which su-ch person 'Was discri:ainated against, as damages for
said breach of contract, or both. Only a finding of the State of
California Fair Employment Practices commission or the equivalent
federal aq~ncy or officer shall constitute evidence of a violation
of contract under this section.
If CONSULTANT is found in violaticn of the nondis
cciDination provisions of this Agreement or the applicable
affirmative action ~~idelines pertaining to this A9reement~
CONSULTANT shall be found in material breach of this Agreement.
Thereupon .. CITY shall have the power to canc-el or suspend this
Agreement... in ... hole or in part., or to deduct from the amount
payable to CONSULTANT the sum of Tvo Hundred Fifty Dollars ($250)
for each calendar day during 'Which CONSULTANT is .found to have been
in such noncompliance as damages for said breach of contract., or
botb.
SEctION 25 -ARBITRATION
Upon agreement of the parties any controversy or claim
arl.s~nq out of or relating to this Aqreement may be settled by
arbitration in accordance with the Rules o~ the American Arbitra-·
tion Association.. and judgment upon the award rendered by the
Arbi trators may be entered in any court having jurisdiction
thereof.
SECTION 26 -NOTI~~~
All notices hereunder shall be given in writing and
mailed ... postage prepaid., by certified mail ... addressed as follo~s:
To CIT'l: Office of the City Clerk
25·0 Hamil ton Avenue
Palo Alto., CA 94303
To CONSULTANT: Attention of the PROJE~ DIRECTOR
at the address of CONSULTANT recited above
stCIIQN 27 -ALL COVENANTS ARE CONDITIONS
All provisions of this Agreem.ent are expressly :made
conditions.
SECTION 2S -AGREEMENT CO~AINS ALL
UNDERSTANDINGS; ~ENDMENT
This document represents the entire and integrated
aqreement betW'een CITY and CONSULTANT and supersedes all prior
negotiations, representations, and agreements ... either written or
.oral ..
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This dOCWllent may be amended only by written instrument,.
siqned by both CITY and OONSULTk~.
SECTION 21 -GOVERNING lAW'
This Agreement sh"ll be qoverned by the laW's of the state
of California.
IN' WITNESS WHEREOF ~ the parties bereto have executed this
Agreement the day and year first above written.
ATTEST:
City Clerk
APPROVED AS TO FORM:
Assistant City Attorney
APPROVED:
CITY OF PAIJO ALTO
Mayor
JAKES H. HONTGOMERi CONSULTING
ENGINEERS ~ INC.
c=c-=~~----AssTstant city Manager
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Fl.nance Director
Risk Kanager
APPROVED AS TO COIITENT:
Director of PUblic Works
Attachments:
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EXHIBIT -A·
EXHIBIT "s"
EXHIBIT ·C·
SCOPE OF PROJECT , SCHEDULE
RATE SCHEDULE , PAYMENT SCHEDULE
INSURANCE
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Cit] at Pa( .. Alto
Reponal Waler QuaIl!, Centrol Plant
£ ... ir""m.,,la] Slu4ies
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EXHIBIT A
SCOPE OF PROJECT
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BASIC SERVICES
IntroducOOn
EXHIBIT A
SCOPE OF PROJECT
T AUt OF CONTENTS
Task I -Health Risk Assessment
Task 2 -~AnoIysi'
Task 3 -Seoood ear Man!> Coover>ion Study
Task 4 -IncineroIa" Saubber Evaluatioa
ADDITIONA.L SERVICES
IntroducOOn
Task S -Soura: Redu<:lioo I'roimn Development
Task 6 -Coordinatioo with NPDES Studies
PROJECf DELIVERABLES
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INTRODUCTION
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SECTION I
BASIC SERVICES
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Ueder this AJTtement. CONSULTANT shall peIforrn fOO! environmental studies foc til<
CITY. These studies are JisI<d below:
Health Risk Assessment fa RWQCP Emissions
OlsrIImpact AnIIysis ol Achieving WIIrr Quality Based EffitJC!lt limits
Sc<ood Ycac M.rsh C<>avenioa Study.
• Incineratoc Scrubber EvW.tion.
The Health Risk Assessment and Evaluation ol the 1nciner.1I0< Wet Scrubbers arc related '"
requirements ol til< Bay Area Air Q.<aIity Mana&eJllCD! District. The other studies aIO related 10
conditions in til< Reci<>rutl Wiler Quality Control PIlln(s NDPES penni! issued by lI>e Regional
Board. CONSULTANT shall perform these studies in accordance '" til< dewled scope ol
'lied: and scbedulc IS described belo ....
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TASK I • HEALTH RISK ASSESSMENT
Sabtask I.' • Coo<dinai' ... ith BAAQMD
CONSULTA..~ shan obt,ua lhe emission estimates f.rom the Bay Nea Air Quality
Management Disttict (BAAQMD) and ~solve any diff~"'nces between Il1e BAAQMD and the
data subrnined in Il1e June, 1990 Emissions lnvent"'JI Report foe Il1e Palo A.~o Regional Water
Quality Control Plant (Plant}. CONSULTA."IT shall also prepare a preliminary 10.7 risk
contour map for the. incinerator emissions. With lhls contour Ill3p~ CONSUL TA..''T shaD lheD
meet with Il1e CITY and Il1e BAAQMD 10 establisb Il1e zone of impact foe inclusion in tlle
bealth risk assessmenL Alibis lime. iI is assumed that a 10-6 risk isople!h will be identified as
the zone of impact.
Subtask 1.2 -Prepare Flcint, ModelHnc Plan.
CONSULTANT shan prepare I Facili<y Modenine Plan in accordanl'e wi!h BAAQMD
requirements... The Pian shan inc10de the air quality model to be Elsed. method of modening
source emissions, the meteorological d3.ta set 10 be used. receptoc locations,. and any other
significant information pertinent 10 the preparation of the air quality modelling iU1d ri.4
assessmeDL
Sublask 1.3 • Estimate Population Within Zone or Impact
CONSULTANT >han prepare I b= map oflbe zone of impact .sing U.S"G's" 1>minu'<
serics map'" Census tract inConnation from Il1e US" Bu=u of Census >han be superimposed
Onto the base map. H only I portion ofa census tract lies within the woe of impact. the entire
census Iract shaD be induded in Il1e analys~ Wilhin!he 10-6 isople!h, census tracts shan be
divided into urban block groups. Residential and empIoYIrh.:nt populaooc data shall be
obtafucd from the U.S. Census Bureau or from local plannin, agencies. For each census tract
0< subarea analyzed. CONSULTANT >han identify a centroid location and Irallsfer !he above
information (Into the base map. Utilizin&: the latest telepbone direclOry yeII{)w pages,
CONSULTANT >han locate !he day;:are centerS, hospitals. semoe centers and schools ,"'ilhin
Il1e zone of impa;t 00 Il1e base map.
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Subtuir. 1.4 " Prepare He.ltb Risk AssHsmenl (HRA)
In Iltis task, OONSUl. TANT shan porform I bealth risk ts~ssment (HRA) in accordance ",,,<1\
tile atfit CAPCOA JUidelin.:s. Subask 1.4 is funher cfivided into four subtrls. The subusls
and tIleir requirements .... as ~o .... _
Subtask 1.41 " AIr QUOlil1 ModeliDI. A preliminary air modelling .sing the ISCST
computer model has beta pttp>red. CONSULTANT shall utilize these pn:liminary results lIS I
stanin, point for further ",fineme"t. MeI<l><OIO(icaJ data measured at Redwood City foc the
last five yean shall be obOlincd for input. U IVall.bIe, CONSULTANT sban ubtain I ..-lnd
rose 10 identify the pn:Vlllin, wind concfitions. Upper air sounding' talce. from the Oakland
Inrcrnational AiIpon for the same period will be obtained 10 det<:nninc the mixing beight data.
Air modellinl sha.ll be performed foc all emissions from tile Plant. The first step in the
modenn, Ipproach used will be 10 porform I coarse-pid analysis 10 cover the zone 0( impact
as requiIed by the BAAQMD. The ne'" Slep will be 10 perf<>ml • fine grid analysis 10
determine the location and magnitude of the maximum annual ground kvel impact. The
preliminary results indicated that emissions from me Piant may pose some additional risk 10
two nearby "";dental are .... d 10 .... octen II the Plant and the adjacent colIlIt1ClCial areas. The
fine grid &ruI!ysis for tlte PWu WIll .valuate air quality within the Plan! boundaries and in the
adjacent CO!DlDel1:ia1 areas, .,in, the fine .. I!rid pos5lDle within the accuracy 0( the model In
addition 10 estimadnl the annual Ivcnie cooditions for risk 10 workers,. the maximum 8-bour
and I-bourcoocentntioos ,hall also be calculated 10 cocopare against the maximum exposure
level' specified by OSHA and NIOSH.
Sabtask 1.4b " Healtlo Risk AsstSSlMnl. CONSULTANT shan perfocm • HRA in
confona.anco with CAPCOA', Air Toxic. "Ho< Spot" Program Risk As",,,ment Guidelines
and <he AB2S8S Heal'" Risk Assessment Guidelines BAAQMD Sopp1ementallnstructioos and
Commeots. These references define two principal types of cancer risk which must 1-e
estirnaJ:ed in pc:rfonnin, I. risk: usessment 'These are:
Marlmum Individual Caacer Risk -The probability of"'.e maximally exposed
individual 0( contracting cancer durin,. 10 year lifetime.
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Population Euess Clncer BUl'deD -The CSOr:Il3ted increase in cancer cases in
the population exposed kl an individual cancer risk greater than ooe in O<l< million (It)-
6) and ICSXIing in the are.> impact«! by the Plane
Residential Population.
Ot>-site and Nearby Employmcnl Population.
The risk for n: Sidcnts and ""ockers will be summarized separately.. Both inha.lation and IlOQ
inhalatioc path .... y. 0( exposure .haD be eVlllua!ed in tl1e risk assessment.
Subia." 1 .• < • Propar. HRA RoporL CONSULTANT shall prepare a report
summarizing tl1e ",suI .. 0( above tasks for submittal kl the BAAQMD. The repon shall comply
with tl1e prcMsions of the BAAQMD Supplem<ntallnstructions and O>mmcnts. AdditionaDy.
tl1e report .. ~aD also address and discuss tl1e K>nowing ilCmS:
Discuss background levets of pollutants and what effects tbey may ba\l~ on the risk:
ilSsessIDCnt.
DisclJss health risks associated with cadmium, including irs oral ingestion potency.
Discuss tl1e accuracy of tl1e air quality modelling and any uncertainty of the unit cancer
risk (UCR) facton developed by the DOHS.
Compare 10-6 risk with the ovcraD cancer me in the U.S. and o<Iler activities sueo as
cigar<:tte smoking.
Review the poIicics of other ageocies in csing excess cancer rate in decision making.
ie. ttillalomethanes in drinking water, EPA sludge rcgulatiocs, hospital incineruocs,
etc.
Summarize alternative factocs for assessing cancer risks· specific any. the difference
between tl1e DOt!S and the OSHA and NIOSH maximum ex~ levels.
rIVe copies 0( tl1e c!raCt "'part shaD be submitted by November IS, 199(}. Afu3: inearponlting
comments from tbe CITY, t ...... enty-five copies of the: fma! report shan be: ~bmitlc:d 10 the CITY
by January IS, 1991.
Subtask lAd -Update Risk Assessment ror Incinerator Emissions_ Based on the
.bove results, CONSULT Moi. sllaD update tile August 17, 199(} Technical Memorandum No.
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1. Air Dispc:nioo Modellin, and l'ieliruinary Risk Assessmenl r.,.. Sludge IncineratorS-This
memo .....m identified the risks associated with the incinerator emissions. Five copies 0( (he
draft memo sball be submitted by Nov.mber 1$. 1990. T ..... nty-Ii ve final copies olille
ICchnicol momo sIWJ be submilled" the CITY.
S.bWk 1.5 • AMi,t Ihe 011 in Public MeetinlS
OONSULTANT shall &SSisI the CITY in communicating L~e findings oi the HRA 10 ",orken
and residents. II is anoopated lIlal the CITY will assume the lead role in scheduling and
conducling obese public meetings. OONSUL TANT assis'.ance shaD include the foDowing:
Prepere an ex...,'; .. summaoy oi the HRA "'PO" for • non-lCclmical audieDCe.
Participate in I mann I with the Plant ",orien 10 discuss the findings of the HR.A.
oep<Xt.
• Pu1icipate in I meeting with the OTY manae-ers and council lI1CIp.bers k) discuss the
_IS oi the HRA rep<n
Panicipatc in • pub6c meeling ",jib JocaI ",sidents and wodters 10 discuss the findings
of the HRA rep<n CONSULTANT shaD develop an announc.mcnl and faa she<, roc
the public """lin,.
SnbUsk 1.6 • Pro", ... Updale M .. tinC
OONSULTANT shall meet.nlh the CITY twice 10 review the progress and findings of the
project. Tbe draft "'port findings will be presented .. the fiI>l meeting and the second mccling
will be 10 review the aTY'. comments prior 10 finaIizin, the HRA !epO<t.
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TASK 1 -COSTIIMPACT ANALYSIS OF ACHIEVING WATER QUALITY
BASED EFFLUENT LIMITS
The oojectives cf the CostIImpact Analysis of Achieving W.u:r Quafll)l Basod Effluen, Limits
are listed below:
Summarize the discharge of mews and cyanide from the Plant over me last teR
years.
Estabtish [be background ambico;: concent:r360ns of metals and cyanide in the
South Bay based 00 the 2-year =elving water monitoring studies pofocmed by the
) South Bay discbargers.
Determine !lte po!lutantlo>dings discbarged by the Plan, for "'el and dry seasons.
Summarize potentiaDy feasible options to .reduce metals a."ld cyanide in the effluent
fro", earlier studies performed f« tlte PlanL In addition, two new options, outfall
n<rth cf Dumbartoo Bridge and "",lamatio., shall be L-x:ludocL
titimate the spada] impacts OD receiving water quality of these: paten daIly feasible
options. Spatial impacts to receiving water shan be depic-ted as a "footprint" of
common concentration..
Develop eovironmc:otallmPacts of the~ potentially feasible options including
eMZgy CO[l5umption. residual disposal, and loss of wet1ands-~
Estimate the economic costs of the~ potentially k:3SIoIe options based 00 past
repons.
Evaluate options based OIl costs and impacts 00 =civing ",ater qualilJ'
Identify the IIlO<I cost-dr«tive opaon(s) for implementadoo-
Develop specific implementation steps, scbedn1~ and discuss enforcemem actions
in conjunction y;itfI the Regional Board.
Subfask 1.1 ... Summarize-Historical DatIon Metab: and Cyarude Discnarge
Subtask 2.1 is divided inle ~ subtasks. The. subtasks and their requirements ~ as foDcw:
Sabtad: 2.la -Sammarizr influent and' effluent concentrations and mass
emissions of metals Ind cyanid~. CONSULTANT sball summarize the historical
influent and emllen! concenO".Hions and mass emissions of metals and cyanide ;t[ me PUnt for
the las: IS years. These hisrorical data will!>e ploCled an time-scale diagrams fa the metals and
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cyanide from appro>rimately N<wember. 1915 Ihrough March, 1991. The metals and cyanide
rem<WaJ ~ shan also be plooed for lhis period.
CONSULT A..'I,'T shan statistically analyze Ibe metal concentrations i. !he PIlIn' influen, and
efflueD' for !he tv.·o previous years (March. 198910 March, 1991) 10 de<ermine!he average,
95L~ percenc.1e,. and the +day average concentrations..
Su'btask 2.1b -Denne nlrrent Plant coDlrmutio!1s. Using the previous two )'cars
da ... CONSULTANT ,ban define Lie Pi .... ' contIibutioDs 10 Ibe IOta! metals and cyanide
heinl c!ischaricd 10 Ibe Soolll Bay. Other majoc So.1ll Bay dischargers include Ibe San
Jose/SiUltJ. Qua and Sunnyvale wasteWater treatment plants and nOllpoinl source
cootribuOons.. The nonpoinr: contributioDs will be obtained from the Santa Cua VaDe)'
Nonpom, Source SIUdy Load Assessment Report. The drafl 'lUdy repon had mcflCalcd Iha~
wIlen compared with lbe mean annual loads from the 3 South Bay discbargers., !he Donpoint
sources accoun~cd for 60 10 80 percen, of !he IOtalloads f« chromium, copper. lead, nickeL
and zinc. The Planr·s contributions.. in comparison to the sotalloads. 'Wl.n be plotted on pie
charts and/or bar &nPbs. Tbe da .. sball plotted be for Ibe weI and dry scasoos.
Subtask 2.1c • Summarize reet-nt saud, results. Several sC'.;d~s arc: being condl,X;ted
as pan of dl<: Plan(s NPDES penniE requirements. These studies include the receiving water
and sediment monilOring. bioaccumulaOOo 'lUdy. sediment bioassay "',ting and a dye SlUdy.
CONS lJI. TANT 5ball summarlzc Illese recent srudies.
Stutask Z.Z -Identi'y PoI.n,i.U! Viable Options Cor Melals aDd Cyanide
Reduction
Six options have been idenlified 10 reduce !he metals discharge., !he Soulb Bay:
Fun scale metals,.,..,."a1 at !he !'lonl
Recycle flow tn:atrncnl aI!he PIanL
Source Rductioo /waste mi nirnization.
Deep water ourrail (norIh ofDumbartoo Bridge) effluenl disposal.
• Offsboo: outran effluon! disposal
Reclamation.
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CONSli'l .. TANT shall evaluate these potentially viable options and shall estimate their
R:spectivc process and facilities ""luircmenu.
SoMas!< lola· Summarin run ""al. Ireatmenl option, If the Basia Plan limits .. ere
imposed in the furore. the 1989 Metals Removal Study had coocluded thal tile only practical
and reliable method of compliance would be 10 remove the mct:i:s at the PianL To ensure
adequate removal. treatmen[ or t."e en~ Planl flow with reverse 05-mosl.S would be required.
The annual cos;s (amortiz.ed capita! and operations and maintenance costs) of I reverse osmosis
facility have been estimated at $19 million per )'ear~ As I point of -comparison.. the annual
operation and maintenance costs of the existing facilities in fiscal year 1988-89 were
approximately $9 miIlioo. The COS[ figures wiD be updat<d as appropriate.
Subt2sk 2.2b -Evaluate rKycle now treatment option. The Metals Removal
Study 01 .. briefly evolu.ted tt<ating til. PLmt recycle flows with lime precipitation for ""'tal.
removaL The report concluded that although recycle flow trea':mC:Gt ,:'ouId not achieve the
Basin Pian limits; it coold potentially n:rnovc a large amount of metals-Potential reductions
wlth recycle flow 1reannenJ are functions olthe foDowing:
TIeatability of Ihe "",yde flows by Iimc precipitation.
Effect on removal efficiency of a unit process l,,'hen the amounts of meta!s being
R:CJC1cd were decIused.
As described above, Ihe effect of recycle flow tt<.tIDent "" Ihe fmal effluent quality is difficult
to predict. Efftcicnt treatmc:nt of the recycle flows would deCTtasc the loadings 10 I llrut
process. which could resuIl in a decrease in its historical removal efficiency. Thcref-ore, the
benefits of R:CJcIe !low ttutmenJ may be s1igMy offset by decreased removal efficiency in Ihe
main proc= Using best engineering judgernen~ CONSULTANT sballestimate the over.ill
effectiveness of recycle flow ttutmenL
Subbsk 2.2c • Evaluate sOllrce reduction options. The effectiveness of source
control 10 meet the Basin Plan limits .'as evaluated in the Waste !lwfinimizal5on Study. The
study coccluded that 'il'hile waste minimization s2lould be encouraged; its impI(:menlation
would .DO( enable the P1ant 10 meet me Basin P1an limits. For those parameters that would
tequu--c redoctioa 10 ID«t their respecti"'e Ba.!:."1n Plan limits,. Table I summarizes the estimated
influent loadings after wast~ minimization against the maximum allowable loadings.. The
estimated rcdLXtioos v.'e..~ calculated based on me f-allowing assumpoons::
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No J«luctions or metals in !he water supply_
• FIVe percent reduction in the residential contnouoons with the implementatioo of a
pubEc awarene" campaigw and wast< collection program.
Twellljl peI1%nt re:luctioo in !he industrial coolIibuli<>ns.
Twenty-five percent J«luctioo in !he CO<DIIlCI1CiaI coolJibutioos.
No reduction in the unaccounted contributions.
As silo"," in Table 1. !he reduced W1ucntloading. would exceed the allowable loamng ..
A1tbooab SOIlitt control ",,,,,td nO( be .trccn.e in mecang the B .. in Plan Emits, !he Regional
Board bao amended Ill. Plan(s NPDES penni, '" ~w...!he implemcnlalioa el. pUO( program
for silver J«lucOOn. This requirement has been ","",ove1y sequired in • letter dated April 12,
1990 from the Regional Board '" the Plant CONSULTANT .hall oummarize the eXpcrlcnce
gained from the SINer pilot program and '" «tim .. e additional requirements '" implement
source control. of the other constituents. Subtask 2.2c has two :;ubtask..~ Their requirements
are as fOOow:
SnbUsk 2.2e.l • Sommari.., results of SIlver pilot program. CONSULTANT
.11211 summari2e!he Je'ults of the ruvc:r pilot program, including the following items:
Additional industriallCOtlllIlelcial categories regula!cd.
Enforcement procedures.
Costs of iInplemen",tion.
Notable J«luctions in !he silver loadlngs '" the Plant
lInpr<wements '" the Industrial Pre~ttnenl Program.
• Required wast< minimization plan.
-A sewer rate sttucblre for metals.
-The aV1lllabffiry of. waste minimization expen 10 assist !he indLlSlries.
. AddiEiocaJ staffing.in the prctreatmeru program lO monitor and enforce
waste minimizaIioo requirements.
-Additional samprmg '" enswo compfian=
Subtast 1.2.e.2 ... Identify source reduction options for OCher metals and
cyanide. In conjuncnon ,.,;th tl1e silver pilot program implemented by tile PIan~ San
.Jose/Sana Oan Ilnd Sunnyvale will be conducting similar prognuns wgcting copper,
nickel. zinc, and lead. These tWG discbargers focused on .radiator repair 5hops.
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automotive repair shops, cJecrropJarers,. and metal finishers. The experience and succt:ss
fro<n <he San Jo<e/Santa Oan. and Sunnyvale programs sh. U be revi< ",cd.
Based in pan on <he expencnce from the 3 pilot programs. CONSULTAYf shall
summarize the steps 10 control. other sourceS and metals. Steps and measures EO reduce
metili from industries and commercial operations may include t;e IOUowing:
Identify additionaI commercial caIegories for waste reduction of target metals.
Devc;opment of best management practices (BMP) f-Or identified commercial
categories...
Prioritize commercial sources and target the top conmoutors in each categOC)'
for inclusion into me program.
The range of metals and cyanide reductior:iS and the effect on -.he effluent cooccntraOocs
sha1J be estimated as a f-..metion of time aver the neXl five years of implementation.
Sub4ask 2.2d .. E,,-aJualr deep water outfalJ (cortla or D!lmbarton Bridge)
option. According 10 the Basin Plan. higher effluent concenerations of merals 'at'ould be
allowed if me .,'astcwatcr w~ discharged via a deep ware!' outfall providing an initial dilution
of 10:1 and located north of t11e Dumbartoo. Bridge. This optioo had beeR previously
investigated and was removed from fW1her consideration due to its high cost and the neg'ittive
environmental impacts identified in the Environmental Impact Statement (EIS). However. if:
may appear a!Irac;;"e ",ben comp=d against. fun-scale rev",e osmosis faciliJy.
As this option was previously inv~stiga!ed in detail. further analysis VIo'ould coc be required.
CONSlTLTANTshall summarize the existing EIS analysis of this option.. The: outfall would
cfischuge <he effluenl from all 3 South Bay discharger; '" the central channel of<he Sooth Bay.
This option is distinct from the others listed .bove as it ... ould 00( reduce the IOta! metals and
cyanide loadings being discharged into !he South Bay.
Sublask :!.2e -Evaluate-orrsbore outran (orr of existing diS(;'IIarge clJannel)
option. CONSULTA.~'T shan Cl{alllare the merits of converting the existing man-made
wscharie channel into I cfischarge outfall extending to,a diffuser at Mayfloe1d Sloogh oc 10 the
central channel of !he Sou'" Bay. CONSUL T~"l shan pcIform outfall analyses 10 delerminc
t1le location and design features of an offs.hore outfan that would achieve I minimum 10-.1
dilution.
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Subtask Joll. Jdentir, waler reclamation options.. Water rcclamation wocld reduce
!he quantily of wastewater discharged inro !he Sou<l! Bay and <l!ereby I<duce <I!e mass loadings
of metals and the spaoal influeoce of !he effluent P~ ..... cver~ since the target effluent funics are
conceotratioc1-baR.d rather than mass.-based and compIe~ reuse of the PlanE effluent is DOt
fea5lb1e witllin the oclli.1 several decades., reclamation alone cannot be considered as an option lO
meet the target limits..
The Plant is anticipating an increase in its reclamation demands. up 10 5 percent of t1Ie total
plant flow .. within the next 3 years.. Th is baseline reclamation fkl' .... will be included as part of
<I!e potentially feasible ""tions. Additionally. <I!e Plant will initiate a Master Redamatloo PI""
in me fiscal year 1990-91 foe Ille ennr. service arc.. Stanford University and <l!e City of
Mountain V'"..e .... arc cWTentIy investigating their res.,«tive reclamation potentiaL
OONSUL T A...'IT 'ShaD. review the results of l1lesc sroldic s.. The review will focus on projects
,,'hich can be initiated Ill' impkmented in addition 10 <I!e baseline demand.
Reclamation in tl'.e South Bay have the dual advantages of COfI_scrving a valliablc scarce
m;ource (potable water) and reducing pollutant discbarge intO Ille Soulll Bay. Generally. Ille
cost-effec:ti ... eness or Ilttlamatioo project is determined by comparing its unit cost (S per acre
loot) 10 Ille anticipated cost of pot>ble .... ter. In this case, some marginal projects may be cost
effectiveness .... bea the benefits of ponutan[ reduction is included into the analysis.
CONSULTANT sha1'l develop a reasooable metbodology 10 assign reclamation project costs 10
Ute Ni'O differeru benefits. A5 an uample~ project costs op 10 the cost of potable water coold
be considered as associated with lAo'ater conserva~n. Addhional project costs required wou 1d
be assigned to poDutanl ~oction. For £his reason. reclamation .couId be a cost-~ff«tiveness
means 0( metals reduction.
Suhlask l-l -Assess Impacts of Potentially Feasible Options
CONSULTANT sball assess Ille imp""" of tbe identified ""tions. Sobuslr. 2.3 has ,,"0
subtasks. The subtasks and their ~uirements are descnDed below.
5ubtask !.3a -A.naJyu spatial impacts. Quantification of the impacts on benerlC~a1
uses is highly subjective. While Iflc NPDES srudics have bees de~gncd 10 identify any ClJ!Tetl.t
impacts.. che results from these studies Canna( be readily used u> predict fu~ impacts due '10
reduced loadings.
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One concrete method of assessing impacts would hoe to ~cntify the changes in spatial influecce
due 10 the varying metals loadings.. Ie order 10 estimate the spatial influence, the a.ailabte
dilutioll If !:be existing dlsdwgc locaooll 'i\ill be conslderl!d.. The Basin Plan considers the
e...~t5 of dilution as reflected in dlifere,H Ii:nits for shaDow water and deep water discharges.
CONSUL T.ANT shall flf'St estimate the level of dilution required ao reduce che cum:n[ effluent
concentrations 10 the proposed receiving 'iIr'ater quality objectives.. The~ the spada! area thaI is
required ., achieve that level of dilution "ill be estimated
!be receiving water monitoring data shall be used in conjunction with tIle dye study n:sults 10
analyze the spatial impacts of the idcntif>ed options. FlTSt. the basdine condition win be
c~1ablli;hed. A5 an example. based 00 L"lC 1989 Mtws Removal Report. effluent cooccntration
(95th percentile) of SIlver was 9.3 ~~ therefore. the effluen[ would bave lO be diluted by
approximately 4:1 to ~11 its Ba..~n Plan limit 0(2.3 1J.g/L Using L~ curren! (Man::lt. 1990 10
Marett.. 1991) Plant effluent data.. th<: results of the dye srudy. and me appropriate target
recei·...-ing watCT limits., the areas "",Trn concentrations e~ceeding the target limits will be sl!o~rn..
.As the rec::eiving water concentration is a fuoctioG of tidal condition.. u,e areas that e~ceed the
target CODCentraOons 50, 95 and 99 percents of the time 'Win be drawn. The areas win be
drawn a:sSlJnllng tne receiving water concentration equals 10 zero and equal'" the averag<:
cDncenuacion found in the receiving ~'ater ;nonitoring study~
For tbe wllowing options;. recycle flo~ treatment,. source reduction.. and reclamation;. the spatial
influence required 10 reduce the resultant effluent concentr.ltions 10 the Basin Plan limits would
be identified. As an example, if SIo..'lUTCe reduction measures ~r<:re 10 reduce t.~e current silver
effluent <:oocentrations by 20 percent (7.4 .Ilg/1.).. approxirna~dy a 3:1 diluQOQ ""ould be
required to reach its Basin Pian limit Tbe spatial e~tent of the 3: 1 dilution w'J! be identified
and compared against the baseline condition. The differences in spatial extent will provide an
estimate of the impact olthc identifiro opDon on the receiving llo'3Iel". CONSULTA....'IT shall
also dIscuss any localized implk."tS associated with the spatial boundaries of the f-easib!e
alternatives.
Subtas'k 2.3b .. Estimate Ea"ironmentar lmpacts. CO:SSULTA."IT shan assess the
eC\llronmental impacts 0( the polentia1!y feasible options. The environmental impacts of the
deepwater outfall nort1l of Dumbart<Jn Bridge llo'ere evalualed in a previous repoct and .. ill be
summarized here. """here appropriate, the same criteria u5ed fa the deep';i,'ater outfall analysis
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,.,;n be .. peatod f<x Ibe other feasible options. A,. minimam. "'e following environmen!al
issues oIWI be cvaluaud:
Energy usage.
Residual disposal including impacts oo1and 0".
Spatial areas in "'e Sou'" s.y exceeding target =civlng water limits.
Effect 00. wa1er R:sources (reclamatioo).
Air qualiJy during bolll construccioo and operation.
Growth inducing impacts C",c1uding jobs and housing).
Traffic and 1r.lnSpOrtItion.
Wetlands.
Odor and noise.
Sllbtask 1.4 • Estimate Costs or PoIenti.Uy F •• sible Options
Capital and annual operations and maintenance costs shan be estimated roc the potc:nnally
feas.ible options. The cost effeCtiveness or Illest options will be compared based 00 IOta! cost
versus poonds or me!als ",moved. AD example or IlIe gI1Iph is sllown in Figure I.
The unit costs for' each option shall be estimated assuming orner options would not be
applicable. However~ it is understood that t!:le final solution may include a combination of
cootroi options.. Tbe reason for estimating: each option by itself is that implementation of one
option may affect the removal efficieocy of another dowm.t:ream option. As an example,
implementation of industrial source coocrol options eooid reduce me amounts of metals
lvailablc lOr IOC)'CIe flow treatment
Sabbsk 1.5 • Perform Ecooomic ADalysis
CONSULTANT shaD project !be economic and social impacts ossocia.ed with eac~ feasible
option... CONSULTANT sban demonstrate that implementation of these options would cause
• widespread and substantial social and economic impact.· CONSUL lANT shall obtain Ille
draft &uidance for a.ssessing ecooomic impacts associated with P01W" and industrial treatment
la;hnoIogy upgrades from !be F.P A and follow llIe .. guidermes foe !be economic analysis.
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Subta.sk 2.' • Recomme'1d Reasonable Options ror ImpttrMDtatioD
CONSULTANT shall compar-e the economk costs and Li~ cDvu-oru:ncntal impacts of tIle
polentiany feasible options. B=d OQ lhis comparison, COSSL'L TA."" in conjunction \With
the CITY and R.egional Board staffs .. shall identify an tllc reasonab!c options foc
implemenoation. CONSL'L T A."'T shall des..,."De in detall me specific oasks and • schedule in
order 10 implement me identified reasonable options.
CONSUL TM"'T sball then summarize the cO'-.. ts.,. pc·tl.Utiii1ts removed. and spatial influence
.. 'hen an me reasonable options an: implemc nted concurrendy. Additionany, COSSUL T ANT
shaD also pc:rfam I preliminary fil1aJ.-.ciaI analysis 10 estimate me impactS 0( implementing these
options on the sewer ratts..
Sublask 2.7 • Prepare Drall '.Dd final RepOt'ts
A repoet on the c05tfunpact approach ~ determine effluenr limits shall be prepared by
CONSULTANT ~ The report shall present tlIe fi~ding5 of each study task. and provide
recocmended Emits for the PIar.t. FoDo'Wlng me drJr R:vic:w, an interim final report shall be
prepam:'J incorporating the comments received. Comments on the interim final report s.flaD be
inoorporated 81ld me final report shan be submitted to <fle Regional Board. The final report o.iIl
be comple<ed prior ., August I. 1991. me specified deadIi.'le in <fle NPDES permiL
Sublask 2.3 • Coordinatiotl Meetings
COSSULTANT shan =t regulrny with th, CITY, the Regiooal Board, and me otI1e, two
South Bay discharg= roc progress opdale and coordination. It is assumed !hM, through tile
duration oC this tasIr, COSSULTA.'iT shan meet six times .. ith me CITY, teo times \With the
Regiooal Board, and tell! times with tbe other 1'4'0 dischargers.
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TASK 3, SECOND YEAR MARSH CONVERSION STUDY
Sabrasl< 3.1 ' Mapping
Subla.1< J.1a ' Obtain Aerial PboIog ... mmefry. CONSULTANT .~all obtai. low
level color infra-red aerial photographS of t1Ie marsh area adjacent ao the Plant. The
photographs will be printed at 24 by 36 incbes. The scale will be I :2400. The pbotographs
will be used to ClUte • "photo-map",
Subtuk J.lb ' Tnlosr.r Mapping D.I2i1s. Based 00 inteIpretatioa 0( the aerial
pbotographs descn"bed above, the differe.' marsh types (saltwater, brackish, freshwater) will
be de6neated on the "pboto-map".
S.hlask 3.1. ' e.kulat. Acr •• ge of Man;h Types. Using a band held digital
ploni.meter, the aauge 0( the <IifI"cr<.t marsb types will be calculated f<J< comparison with the
baseline (1990) condition.
Suhlask 3.ld ' V'gelation Su",.ys. CONSULTANT sball cond,c, limited fidd
surveys of vegetative cover along the sampk lines established for the baseline study_ Up 10 60
. data points, with each point represented by • O,S M2 quadrat, ",ooJd be analyzed fcc perce",
rover of vegetation species. The analysis would focus on t:he areas oC transition identified in
the baseline .rudy. Method. employed in Ille survey eff,," would be identical 10 that .sed
during the filliI. year {baselir.eJ study_
Subia." 3.1 ' Endangered Specia Habil2l Utilization
Sublask 3.z. -Conduct CalirOf"Dia Clapper Rail Survey. This survey will consist
0( breeding season (Marck and April ooJyJ call counts. A minimum of five count episodes wil1
be conducted. II: will be compkted by the sance biOlogist ... bo ccnducted the first year survey
in order 10 provide consistent data interpretation.. During the hour bd"or'c sunset.. me surveyor
wiD. walk out 00 • levee Of a catwa!k. and lisu:a to and record location of rail pairs or single
rails. The biologist will distinguish betweeD male and female caDs and betweeD paired and
"npaired calls, using IICCCpted methods. (fomter 1989) The objectlve of Ille survey will be 10
proYide • q,ualitative assessment of clapper rail use of salt IIW>h and bracki>h IIW>h babltats.
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Subbsk 3.2b • Trap for Salt Marsh Harv..t Moc~, T",,, seasons (summer. fall) of
trapping will be conducted Each lrapping episode will consist of five nights of <rapping. and
as specified by the U.S. Fish and Wildlife Service, ... ill DO( exceed 100 trapS per nighc
Everything caught in the traps ",ill be tagged and eacll trap site W!11 be vegetatively
characterized witJ'iin lone meter sqUilIl: quadrat placed over and encompassing the trap.
~ent COVeT. average lttter depdt, and avCIage vegetation height will be measun:d at 12 points
withln the quadraL
The <rapping will be done by the same wildlife biologist who conducted the first trapping in
order 10 provklc consistent data interp"'tatlo~ CONSULTANT so all obtain all appropriate
permits from the U.s. FISh and Wildlife Service and California Department of Flsb and Game
and coordinate with tbc involved staff of tbcse agencie ..
Subtask J.lc -Ute-rature Re"iew~ Conduct a comprehensive rev1e\ll' of the ava.Ilable
literature concerning uo11zatioQ of marsh habitats by we: two endangered species aDd the
potential cff¢;t of wastewater effluent cootaminar.1:S a...,d altered salinities 00. rhis babitat
utilization.
Soblask 3.3 -Analyze Data/Prepare Repo<ls
Soblask 3.3 •• Analyu Data. All ~Slllts (first and secood year) will be compiled and the
data p1()(rcd 00 grnphs as appropriate.
Sabtask J.3b -Prepare Draft and Final Reports. A report or. !..lJe marsh conver;;.ion
and babita.t un.1izatioo analysis will be prepared, docu~nting the findings of each srudy task.
~ultS will be generally presented '" qualitative terms. Q\l?.ntitatlve assessments will be made
-,wbenever valid. Correlations will also be pre~D!ed in qualitative krms. supported by
quanolatlve data wbt.:re possible. TeD draft copies .".]1 be prepared for review me CITY.
FoOowing the draft review. an interim final report ",ill be prepared incorporaling comments
received CD Ll:!e draft report.
Twcnry~five copies of the interi...-n fmal repon 'ii.'iTI be prepared for subminal k) the .Regional
Board by 1uly I, 1991. Comments from the Regiooal Board shan be incorporated and one
hundred copie. of • final "'port sh.n be submitted.
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Subl .... k 3.4 • COOf'c1i •• UoaIMeetin IS
CONSUL rANT sIIall coordinate closely with tile CITY <hrougbout cooduct CJl: Ille .my. In
addltion. CONSULTANT shall attend up 10 three _ttings with Ille CITY .. diDo'
1Opr=owi-CJl: ICSPOOsibk agencies CeoJ. Regiooal B<AAS) as di=ted by !h<: CITY.
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TASK 4 • INCL'llERATOR SCRUBBER EVALUATION
5mbUsII: 4.1 • Sourc. Tostinc or Incinerator Scrubbinc 5,slem
CadIDium emissk>ns from II>e incineraIOrS have been previously idendfio:! as I potential health
risk. The Plant .,..,:n be installing I. Dew ventu.ri-type wee ~TUbbing system 10 reduce: emissions
from the incinerator off-gases. Currently. it is anticipated that the new SCT\lbbers will be
operadonal by December I. 1990.
CONSULTANT shall ~orm source testing of the ne .... scrubbing system 10 evaluate its
cadmium and particulates removal dficienq . CONSULTANT shall c<>llec. Iil= discrete
samples of me inflDent and CmUCDr las streams. The influent sample sllall be coDectM at I
location in order 10 obtain a representative sample of the incinCl1110r gases" The collection and
analysis proced"",. shaD followed EPA·approved guidelines. The source lesnng program
sI1ali he designed '" determine !he follol>ing:
Amount of particulate cadium and gaseous cadmium in the scrubber influent
Amount of particulates. in the scr'Jbbc:r influent.
Arnoonl of parncul.te cadium and gaseous cadmium in the scrubber effluent
Arnoont of portkul.te. in !he scrubber effluent
• Correlation between particulate and cadmium n:rooval through the .. -rubber.
Snbla.1< 4.1 • Prepare MISS Balance for Cadmium
CONSULTANT shan pn:pan: a mas. balance for cadmium Illroogh the Plant "dLring exisiting
saIilpling data. The existing data includes the following:
"J"1:tn:e;lay sampling resul" from the 1989 Metals RetnO'o'a1 Study.
lncincraur soom: IeSling data (by Acun:x) from !he 1990 Emissions Inventory Report.
Sawoe Testing of Incineratcr ScrubbUlg System from Subtask 5, I aTxwe,
'Wben thCI~ are inconsistencks with the existing data, CONSUL TA..'iT shan use best
engineering judgement '" prepan: !he mass balance.
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Sublask 4.3 -Estimate Req,uir." Cadmium Reduction.
OONSUL T ANT.nan e,timate any funher cadmium required in order 10 reduce: excess cancer
risk ., seositi •• m:cplDCS 10 below 1(t6. The sensitive retcplDCS are as determined from
Sabtask 1.3 above.
Sabtask 4.4 -R.view Av.i1able Techaology rO<' Cadmium Reductiou
CONSULTANT shaH perfcnn • brief fiterature ",view 10 identify til. best available current
""'hoology 10 achieve the requirecl reductions identified abc... In addition. roNSUL TANT
shaH .mew the industrial processes thllI gcnc:ratcs cadmium ....... and qualitatively assess tile
impact of soora: reductioo on cadmium emissions.
Subla,k 4.5 • Prepare utt ... Report
OONSUL T ANT shall prep"" • lener "'pert ,ummariring the results of the obcv. sublasks.·
Five copies of the draft leaer "'pert will be wbmi ned eight .. ee ks after sourt:e ICSting of til.
incinerator scrubber SYS8e11l. After ;ecciving comments from tile orr. roNSUL TANT shall
preP"'" and submit twenty-five ~ies of the finallettcr ~
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INTRODUCTION
SECTION II
ADDITIONAL SERVICES
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Under this Agreement, CONSUL TAI>"T shall perfornl two additional tasks foc Ill. CITY.
Tbcsc tasIcs an: tistod below:
Source Reduction Program Developmenl
CoonIinaDon with NPDES Studies.
CONSUL TAN1' >haD pc:rfonn Ih<:se ,:udies in 3CCOrdJlnce to lhe detailed scope ol work and
schcdale as cIescribed below.
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TASK 5· SOURCE REDUCTION PROGRAM DEVELOPMENT
Subtask 5.1 • Review Lo .. 1 Umi~ .ilb O,ber Municipalities
Recently. CONSUL TAN1' surveye<l several municipalities lICl'O<S the country '" compare their
Iocalllmits against <he Ilmits for Palo Alto, San Jose. and Sunnyvale. This le1epbone survey
identified several municipalities (Vallejo. CA; Bos'on. MA; Miami, FL) ",til more stringen,
Ilmits. CONSULTAN1' shall :e-eonlaCt, vilIle1epbone. <hese municipalities'" identify their
serVice area characreristics; types and quantity oi industti.aJ and comtneR:ial discbarges; bow tile
local limits ..... re derived; experiences of discha.'1ler5 complying with tile .. Ilmits; and tIlei<
~nforccmen~ staffing. and monitoring :equirements. CONSULTAN1' sball also review any
pertinen, ~ avallab1e from these municipalities regareing their Iocalllmi, developmenl
CONSULTANT shall summarize the :esults of this in-depth "'1epbone survey and report
.review in I IleChnical memorandum.
Subla.k 5.1 • Review Source Reductio. Programs al Other Municipalities
III addition 10 the municipalities described above. K"Veral have also initiated soarce reduction
programs within their service areas for metals and omer pollutants. These include the
Melropolitan Sewer District of Se.lIle and EBMUD. CONSUL TAl'IT shall contact these
municipalities. via teIepbOlle,. to discilss their successful strategies K> encourage from the
industrial. commercial, and «:sidenrial sec>ors. CONSULTANT sball include the «:suits of
this review in tile same oeclulical memorandum, described in Subtask S.l above.
Sublask 5.l . IlIenUf, Viable SUaleg;", 10 Encourage Source Relfucoon
Based o. !!le ",sults of the above surveys and discussions with Ille CITY, CONSULT AN1'
sIIall identify specific strategies Ie eocOUf1lge 11K: impkmentalion of sourt;e reductioo measure ..
Since some resistance lO source reduc60a. may be expec~ a tMo.-fold implementation
program is cevisiooed.. This prog;-.un would include a regulatory element and an economic
element.
ReJ:U'alory Ele"",nl. Strategies in tlle reJ:Ulatory ~1emen' may include working with 11K:
CITY 10 define methods of monitoring and cnfOfCcment as wen IS a general management
approac\ 10 systemically include indu~triaI and commercial operations discharging metals
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within the seMce area. lbe esu.bHslumnt of ""wlocal discharge limitS based on the potential
Plant emoent limits would be carefuny Illdressed. lbe potential imp.ctS and timing of new
locallimilS must be consideted.
Ec:onomic Element.. The goal of the ecooomic program is 10 develop ince nnves 10 the
comrnercia.I and industrial establishments to engage in source redoction measures.. Inceotives
will be designed 10 eocollnlge dis<barge:s from ,,"0 pe"'1'""tives. FU"St!y, discharg= may
implement SQurce reduction measures because they arc: less expensive than noo-compliance
(i.e. fines and fee schedules). As an e:wnple. the CITY =ently adopted, sewer charge [0£
taxies (metals and cyanide). This 10xics sewer charge is equivalent 10 about 14 pe~eDt of the
IO<aI sewer bill for. rypical industry. OONSUL TANT shall evaluate the potential of this .... 'er
charge as an incentive foe toxics reduction. CONSULTANT shall evaluate the optimal
proportion of cories cOSts 10 the total sewer cbarges in order 10 maximize its eff.ecti ve ness.
Other financial disincentives will be coosi~
Secoodly. dischargers would implement 50urtc reduction measures if resources {capital and{or
service) arc available. Capital rna,. be made a .... ailable in the (-oem of a loan program
adminisraed by the CITY, <J< through other means 10 be developed. ~es may be provided
by the CITY. sucb as 11Oxic5 metals waste coDectioD theat is currently under cons!Oeradon by
theCfTY.
Subiast .s.4 -Conduct Work,bops
The output or Task 3 will be I set of strateg1e~ 'Subject lO on-going re-cvaluation and
developmenL CONSULTANT ,ball conduct I wockshop with the CITY staff 10 discuss these
stralCg1eS, oolain input, and evaluate po1<ntial constrainlS from the administrative poOcics oflhc:
PIan!'s member agencle$. CONSULTANT shaIl also meet with the Metals Advisory Group
and other in-.ced industtial and CO<DIIlOJcial "'Prosentatives. The meeting will be desigoed 10
obtain input from the dischargers on what fackJrs may affect Ihcir decisions on implementing
source reduction rne.a.sllRs. From these wor1cshop and ~ctings.. three strategies will be
selected foe mare delaikd cvalualion.
SabCasl< 5.5 -Evaluate Optimal Strate,;", for Impleme.tation
roNSULT ANT ,hall analyze the thm: select<d strategies acc<J<ding 10 I matrix-type decision
I0oI. The exact decision paramcIeTS are cumndy undefined; bowever, they will be selected in
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coojon<:lioo ";!II tile CITY .. of!. Several elemen'" of this matrix may indude costs of the
programs. a revenue plan and allocadoo of «>StS among dischargen." effects Oil se .... er rates,.
and ecooomic and social impacts on tile scmc.: area. A sensitiviry type analysis sl!aII also be
pcr!onned on IinancW .Iemen'" suell 15 sew ... tale$. Based on tile ~sults of this evaluation.
tile optimal sttatei)l{s) 'IIiIl be =ommendcd for imp1emcnwion.
Suiltasl< 5.' • Prepare Dr. n and Final Reports
OONSUL TANT shall summarize Ille results of the above findings into • ~pon. Specific
implemenwion steps and schedule shall be included. Five draft cOj>ies will be prepared foe
revie ... Ihe CITY. Fonowing tile draft .. vie .... I final .. port will be prepared incv<porating
commetll • ...,.ived on tile draft "'port.
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TASK' • COORDINATION WITH NPVES STunW
CONSULTANT sball coordinate -.it!t !he ite&iooal Board and tit<: OIlIer NC South Bay
disdtarger> "" \be ",,·goin, NPD£S stUdies. The seMceS shall include meeting attcodanceS.
study revie ..... and project coomi_ CONSULTANT $hall pafu<m .. rvices under tillS
task alllle m<UC$l of' :Ire CITY.
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SECTION III
PROJECT DELrvERABLF,s
TASK 1 • HEALTH RISK ASSESSMENT
M<Jdellillg Plan
Draft Health Risk AssessnlClll Report
f"rnol Heal", ltisk Mse..".,nt ReponlO CiIy
F;nal Health Risk Assessment Repo<t '" BAAQMD
TASK 1 -COSTIIMPACT ANALYSIS
• Summary oll'!anllnfloelll and Eflluent Corlcentralioll>
• Draft CosIilmpact AnalySis Rtp<¥t
• FIIl8l C<>st/!mpact Ar>.tlyQ5 Rtp<¥t
October I. 1990
November 16, ,990
1anuary IS. 1991
January 31, 1991
Februazy,l991
June 3, 1991
July IS, 1991
TASK 3· SECOND YEAR MARSH ASSESSMENT STUDY
0r.I{. Marsh Assessment Report
• Final Marsb Assessment.Report
TASK 4 • lNCll'IEltATOR SCRUBBER EVALUATION
Draft Letter Report
lune},1991
luly I. 1991
& weeks after SOOI<"
l<Sting
2 weeks after m:civing
comments from CiIy
TASK $. SOURCE REDUCfION PROGRAM DEVELOPMENT
A-25
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November 15, 1990
To Be Establisha!
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EXHIBIT B
RATE SCHEDULE AND PAYMENT SCHEDULE
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o EXRIB!1 • -Section II
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SCHEDIJU OF HOUlU. Y RATES fOR ENGIJ','EERING fEES'
EFFEC1lVE JUNE I. 1990
SerJoc Company Officer ... per bour
Prindpaf Professional $120 per boor
S upezvising Professiooal S 89 per !Jour
Senior Professional $ 76 per boor
Profes.sionaI S 62 per boor
Associate Professiooal S 52 per boor
Assistant Profe,siorW S 17 per boor
Senio< Designer S ?oJ per boor
Designer • S SO per boor
Drafter S n per flour
SeRio< Residenl Engineer S 13 per !Jour
Residenl Engineer-lnspedOC S H perbour
Secrela!)' S 40 per bour
Reprodu<ticn Typist S 39 per !Jour
Oerlt $ 29 per boor
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lbe iddividual hourly rates includes salary. overbead. and profil •
To be delennined on an individual basis .
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EXHIBIT C
tNStlltANCE
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HIlES II. 1I0llTGOllUT COllSllLTIlIG
ENGINEERS .. INC. ET AI.
2 50 •• l'IAJ) [ SOli AVENUE
PASADENA, CALlFORlOlA 91101
aa.!"""-UA8IU1"f
A X C'''_lOC~ ~ UA8IL.o'fY
C1.JoWSiIIJDE I OCCW'l.
~'I>'COIo~'S~_
auTO*)aLE UA8lU"n'
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I 1ICM£t1JJ..E) Alft'ClS
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1 ~IEll.o.uTos.
GAA-n£" U,o,(I1UT"!'
GL 5903820
{"'C~ooa. ~["}.
72 lJEN!IX 4660E
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COMPANIES AFFOROING COVERAGE
~ A NATIONAL UNIOn FIRE INSURANCE
COKfANY OF PITTSBURGH. PENNSYLVANIA
~ B HARTFCRD FIR! INSURANCE COMPANY
1-31-90
Gi.~ "I~EGJ,"E
"""~'()"S..<oGG"!GAT'E I
1!!-31-'1 PEJOSCJ'No'.Ll,o,o"El'm~~-.
E.OOC;<OCC~
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rNJURY
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Sl,.rUTDRY
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.... IT IS .A..iS(j---AGREED om T EOCS r,SURARCE SHALL BE COPilSIDERED PRIJA.ARY ~ NOT
TO ANY OTHER VAL!'D IN~E AVAILABLE 7'0 • THE CITY OF PALO ALTO .... ITS OFFICERS~ AGENTS'
OUC"'Tj(lIH 0' QNJI.aTW;,IrIi-iociilofCSl'lO&c~.DI,. ... ".cnOlCM"CIAl. ffUtI SPECIAL CONDITIONS AS RESPECTS GENERAL " .~:~~::;;t
HABUITI': SVCH INSURANCE SHALL rOCWDe ·XHE CITY OF PALO ALl'O. ITS OFFICE:RS .. AGENTS"
AS ADDITIONAL I.'V5UREDS,-BUT sor.zI.Y AS RESPECTS iIORK pERFORMED BY THE RJ...ItlED INSURED.
SO. UKN -REGIONAL ~TE:R PLANT ENVIRONMENTAL STUDIES
CITY OF PALO .. Lro
P.O. BOX 1~250
PAW ALTO, CALIFORNIA. 94303
ATTAr:-PSIL BOBEL
6,"~ .... "''1-'' OF TrlE ASOY( CESCRIBEO PO"JCIE5 !l: CANCElLEO 8EFQFtE _HE
EVIAAl1O/11 CATE 'rnER£O¥, ~E ISSUING CQMPANY .1Ll.. ~
IIAlL ~ DA'I-"5 wiJllrlTTEl<4 ~iC.5 JO TH.E CERTlFlC"'TE HOLDer:. I'oIAAIal ro ~E
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,CAl.lFOlUIIA 90064
444-3l))
... TTl! , IlICUT LD ----
JAKES II. IIOlI1T'QOlfnl CONSt1LTIRG
EHCINEEI.S. DlC. E'l .u.
250 •• !'fADISllN AVENUE
PASADENA, CA 9!lOI
OWNDI;", C~'S '''''IT.
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A PlOFESSIClllAl UAlrLl"
JEC-IOIO
JEC-1008
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INC •
~A.H¥A
~ANTB
COMPANTES AFFORDING COVERAGE
LF.XlNGTON. ll.OYOS & CERIAlS COMPA..~IES
u.oYl>S & CERTAIN COllPANIES
~ER4 "'ClGM':.,o;re
PlIoOOUCT9-COfII"IOF>S II;GGRE'G"~ 1
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CC-.INED . """ '.:MIT
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""''' !kl'J'RY
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EOC~ "':;'il"f:Ci"1"E 0""""""" 1-31-18 I 2,000, 5 2,000.
8-31-91
r'lf.>,e", o.o.~:DElor)
~'SiE,I,S£_flQLlC" 1,. .. 11')
{D<S£ASC-u.c"
"SU8.1fCl TO SJ.OOO. '511
AS R~PECTS: JM.1If .JOB NO. UKJI -REGIONAL JiATER OUALITY C05T.R0!. PLANT ENV1RON,"!ENTAL STC,.'DIFS.
------
CITY OE' PALO ALTO
P.O. BOX 10250
PALO AL7'O, CALIFORlfIA '4303
ATTII: PBIL SOBEL
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SKOUUl AfO' OF TI1E ,.,8QVE OES<:FlIBEO POi..ICIE:S * CANCE~ st.FOF'lE "'e:
EXPIMTI()'" O,lTE T"'E~EOF. tHE ISSUING COfr,IPAN'1' 'll'1l.1 ENoDEAIIO" TO
MAIL __ .3Q. C.-.V$ WAI"rTEN..otlCE 'JO nte CCI'fTIFICAre: HOlOE:i'I ~ME-O ,0 T~E
L£FT, a.v; F-'lLURl ~ IllAJL StJCli NOncE SHAll It.If'OSE NO oeUCATIO"I OR
u.-.BIU:rt' Of' IoNf I[]NO UPON THE COtojPAiliV. ITS AGE"fTS ~ f"IEPFl.fSENoTAnIl'ES
eOftPORATICIN 1tll
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111159. Olymp[c Blvd .• Sth F1_
Los ArI,.l.s. GalLfomla 90064
Tol: (211) 444·131)
Atta: Kick" t..
''''''' -James ~. ~ontlomery
Cocsul~lftl Engineers. Inc. etal
250 •. lIadiso[l Ave ..
Pa5a~ena. £A 91101
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COMPANIES AFFOIIOING COVEFIAGE
~AA"/A
twin Citles Fire rnsuranc~ Compacy
THIS IS TO CEmLFY THAf TM£ POlICIES 01" INSuP..-.NCE LISTeC aaow ~\If: aEEi'Ij ISSUED TO TliE INSU FlED lIj"i-.I€D "'BOVl 1"01'1 Tl-1E 1"'Ot.1C¥ F'!:~'OO
INDICATED, ~l"'\tIII'T)oIST"'N01fo1G ,t.N't' "EOUIREMENT, TE"''' OFt CO..omo ... Of'" AN" C~CT OFi OTHER OOCUt.1E"NT WITH RESP!.OCT lO WMICI+ 111IS
a:~TlFICATE WIlY a.e ISSUEO 0" MAY PfRT.lJN, nos: !NS4.J~NCE A1FQ'Icec 1"1' ~E POLICES C>ESC~leEO HE~EI!IIIS SUBJECT T.o ~ T>-lE TE1'lMS.
E.lllCiUSKJ"IS .loNe COi04CITIONS Of' SUCH IlIOIJCI(S LNITS SMOWN MAY MAVE sa~ REtlUCl:c BY F'~ID ClAIMS
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PDUC:'I' II'RC'l'nI! POUC'IIIXJI'\IIIU.nc:tt
DAT'llloN/OOl'l"l') II ...... (MWOCIVY)
GIi""'f1AL .o.GG,"E~TlE
Pl'IODIJCT$.COW'f(lP'S AGu""AfG .... n: •
P'E,IIISONAl. I -oJ"ERTlSh'«O 1NJUFfI' I
~-'O<I DCC Li1'IiP9fCE
~.A<: D"'~"'GE ,,.,.. ..... PnJ
"'E:W;"l EXPE'oSE ~..,. ~"""')-I"
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05/01/90 OSfill/91 • 1,000,
1,000,
1.OOO~
AS RESPEC'fS: JHM XlB NO. UKN -REGIONAL nl'ER OUALITY CONTROL PLA.U EYVIRQNMENTAL STUDIES
•
CITY OF PALO ALTO
P.O. BOX 10250
IHOV\..CI "lilY OF ~s ~ cE$e!=! IBED POI.<lES EIE C,t,NCELL£D !!IEFO'"E ~
EX.-1fV,"1'1Of,j Ci4"1't THf'''IfOf', n.E ISSUING COIl4~,t,N'" WllL. '111-,.,. m
MAlL -3.0. C,t,,,, WCUTTEi'II "'<)TIC! 1"0 THE CE~T1F1C4""", MOLDE!=! ""'''''E"D .0 T)jE
PALO AL!'O i CA LIFORNU 94)03 iN. Wi ii. '&lULIAikIJiiULl/ii'W '"
.IT1'1lI.: paIL BOBEL
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