City of Palo Alto (ID # 2458) City Council Staff Report

City of Palo Alto (ID # 2458)

City Council Staff Report

Report Type: Consent Calendar Meeting Date: 3/5/2012

March 05, 2012 Page 1 of 3(ID # 2458)

Summary Title: Landfill Gas and Leachate Maintenance Contract

Title: Approval of a Contract with SCS Field Services in a Not to Exceed Amount of $158,394 for the First Year to Provide Landfill Gas and Leachate Control Systems Maintenance, Monitoring and Reporting Services and to Exercise the Option of a Second and Third Year of the Contract

From: City Manager

Lead Department: Public Works

Recommendation Staff recommends that Council:

1. Approve and authorize the City Manager or his designee to execute the attached contract with SCS Field Services (Attachment A) in a not to exceed amount of $158,394, for landfill gas and leachate control systems maintenance, monitoring and reporting services, including $143,994 for basic services and $14,400 for additional services.

2. Authorize the City Manager or his designee to exercise the option in its discretion to renew the contract for the second and third year, in accordance with the contract terms, provided that the proposed increased cost of the renewal does not exceed the Consumer Price Index for Urban Wage Earners and Clerical Workers for the San Francisco-Oakland- San Jose area, published by the United States Department of Labor Statistics (CPI).

BackgroundThe attached contract with SCS Field Services is to provide services for maintenance, monitoring, and reporting for the landfill gas and leachate control systems as required by State and Federal regulations.

State and federal regulations require that landfill operators provide effective environmental control and monitoring systems to prevent the buildup and release of LFG and leachate from the buried wastes. Specific LFG control activities are listed in the landfill’s Title V “Air” Permit and in the Bay Area Air Quality Management District’s (BAAQMD’s) Regulation 8, Rule 34, including the newly adopted regulations for Methane Emissions from Municipal Solid Waste Landfills, CCR Title 17, §95460-95476,

March 05, 2012 Page 2 of 3(ID # 2458)

the EPA Greenhouse Gas Rule (40 CFR Part 98, Subpart HH). Leachate is required to be controlled under the landfill’s leachate discharge permit (Permit #11106), the landfill’s Waste Discharge Requirements issued by the San Francisco Bay Regional Water Quality Control Board, and the California Code of Regulations, Title 27.

These environmental control systems maintenance and monitoring tasks will continue to be required after the landfill closure for as long as the landfill will continue producing methane and leachate (estimated for a minimum period of 30 years).

DiscussionDue to the nature and quantity of the work, outside resources from a consulting firm are required. This work requires specialized instruments, tools, equipment and trained personnel in sufficient quantity to maintain the efficient operation of the LFG and leachate control systems. City staff will provide administrative oversight of the contract to ensure that these landfill control systems are maintained and operated properly, efficiently, cost-effectively and in compliance with all laws and regulations.

The work to be performed under this contract includes: 1) performance of routine landfill gas (LFG) system maintenance, monitoring and reporting; 2) performance of routine leachate (liquids) collection and removal system (LCRS) maintenance; 3) performance of LFG flare stack emissions sampling, analyses and reporting; 4) compilation and preparation of semi-annual and annual reports; and 5) performance of non-routine maintenance, repairs and other support services.

Selection ProcessA Request for Proposals (RFP) for the project was posted at City Hall and was sent to nine contractors. The solicitation period was 29 days. Three proposals were received on January 31, 2012.

Proposal Description/Number Landfill Environmental Control Systems Maintenance, Monitoring and Reporting/RFP #144178

Proposed Length of Project 36 months

Number of Proposals Mailed 9Total Days to Respond to Proposal

29

Pre-proposal Meeting Date N/ANumber of Proposals Received: 3Cost Range (Basic Services) $143,994 to $179,890

An evaluation committee consisting of three staff members from the Public Works Environmental Services Division reviewed and evaluated the proposals. The committee also ensured that the firms were responsive to the criteria identified in the RFP.

March 05, 2012 Page 3 of 3(ID # 2458)

The criteria used to select the recommended firm included:• Quality and completeness of proposal;• Quality, performance and effectiveness of the services to be provided;• Proposer’s experience, including experience of staff assigned to the work; • Cost to the City;• Proposer’s financial stability;• Proposer’s ability to perform the work within the time specified;• Firm’s prior record of performance with the City;• Proposer’s ability to provide future maintenance, repairs or services; and• Proposer’s compliance with laws, regulations and policies.

SCS Field Services was selected because of the quality and effectiveness of their services, the experience of their field staff and their ability to provide future field services. SCS Field Services’ cost of basic services ($143,994) was also lower than the other two proposals ($144,784 and $179,890). Their proposal was rated the highest based on all of the criteria specified above. SCS Field Services has been providing these services for the City since the late 1990s.

Resource ImpactFunding for this contract is available in the FY 2012 Refuse Fund operating budget.

Policy ImplicationsThis project does not represent any change to existing City policies.

Environmental ReviewThis work is exempt from the California Environmental Quality Act (CEQA) under Class 1 categorical exemptions Article 19, Section 15301. This work involves maintenance of existing facilities and involves no expansion of the existing use.

Attachments:

• SCS Landfill Gas Maintenance Contract 2012 (PDF)

Prepared By: Sean Kennedy, Management Specialist

Department Head: J. Michael Sartor, Director

City Manager Approval: ____________________________________James Keene, City Manager

... ....

CITY OF PALO ALTO CONTRACT NO. AGREEMENT BETWEEN THE CITY OF PALO ALTO AND SCS FIELD SERVICES, INC

FOR PROFESSIONAL SERVICES

This Agreement is entered into on ,("Agreement") by and between the CITY OF PALO ALTO, a California chartered municipal corporation ("CITY"), and Stems, Conrad and Schmidt Consulting Engineers, Inc., d/b/a, SCS FIELD SERVICES,' a corporation in the State of Virginia with offices located at 4730 Enterprise Way, Suite A, Modesto, CA, 95356 ("CONSULTANT").

RECITALS

The following recitals are a substantive portion of this Agreement.

A. CITY intends to procure services and engage a consultant to perform maintenance, monitoring and reporting services for the City of Palo Alto Landfill's environmental control systems (landfill gas and leachate collection systems) in connection with the Project ("Services").

B. . CONSULTANT has represented that it has the necessary professional expertise, qualifications, and capability, and all required licenses andlor certifications to provide the Services.

C. CITY in reliance on these representations desires to engage CONSULTANT to provide the Services as more fully described in Exhibit "A", attached to and made a part of this Agreement.

NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, contai~ed 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.

SECTION 2. TERM. The term of this Agreement shall be from the date ofits full execution by City, and shall expire one year from the commencement date, and may be extended by City for two additional 12-month periods (each an additional term) for a maximum of 36 consecutive months, subject to City Council's annual approval of each current year's budget and appropriation of funds 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

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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 one hundred forty-three thousand nine hundred· ninety-four Dollars ($143,994.00). In the event Additional Services are authorized, the total compensation for services arid reimbursable. expenses shall not exceed one hundred fifty-eight thousand three hundred ninety-four Dollars ($158,394.00). The applicable rates and schedule of payment are set out in Exhibit "C-l ", entitled "HOURLY RATE SCHEDULE," which is attached to and made a part of this Agreement.

Additional Services, if any, shall be authorized in accordance with and subject to the provisions of Exhibit "C". CONSULT ANT shall not recei'~e any compensation for Additional Services performed without the prior written authorization of CITY. Additional Services shall mean any work that is

. determined by CITY to be necessary for the proper completion of the Project, but which is not included within the Scope of Services described in Exhibit "A".

SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit monthly invoices to the CITY describing the services performed and the applicable charges (including an identification of personnel who performed the services, hours worked, hourly rates, and reimbursable expenses), based upon the CONSULTANT's billing rates (set forth in Exhibit "C-l "). If applicable, the invoice shall also describe the percentage of completion of each task. The information in CONSULTANT's payment requests shall be subj ect to verification by CITY. CONSULTANT shall send all invoices to the City's proj ect 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 CONSULT ANT'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 sub consultants, ifpermitted; have and shall maintain during the term of this Agreement all licenses, permits, qualifications, insurance and approvals of whatever nature that are legally required to perform the Services.

All of the services to be furnished by CONSULTANT under this agreement shall meet the professional standard and quality that prevail among professionals in the same discipline and of similar knowledge and skill engaged in related work throughout California under the same or similar circumstances.

SECTION 7. COMPLIANCE WITH LAWS. CONSULTANT shall keep itself informed of and in compliance with all federal, state and local laws, ordinances~ regulations, and orders that may . affect in any manner the Project or the performance of the Services or those engaged to perform Services under this Agreement. CONSULTANT shall procure all permits and licenses, pay all charges and fees, and give all notices required by law in the performance of the Services.

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SECTION 8. ERRORS/OMISSIONS. CONSULTANT shall correct, at no cost to CITY, any and all errors, omissions, or ambiguities in the work product submitted to CITY, provided CITY gives notice to CONSULTANT. If CONSULTANT has prepared plans and specifications or other design documents to construct the Project, CONSULTANT shall be obligated to correct any and all errors, omissions or ambiguities discovered prior to and during the course of construction of the Project. This obligation shall survive termination of the Agreement.

SECTION 9. COST ESTIMATES. If this Agreement pertains to the design of a public works project, CONSULTANT shall submit estimates of probable construction costs at each phase of design submittal. If the total estimated construction cost at any submittal exceeds ten percent (l 0%) 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 CONSULT ANT, and any person employed by or contracted with CONSULTANT to furnish labor andlor 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. Notwithstanding Section 11 above, CITY agrees that sub consultants may be used to complete the Services. The subconsultants authorized by CITY to perform wC!rk on this Project are:

1. Frank's Industrial Services, Inc. 2. Best Environmental 3. Accurate Air Engineering

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 sub consultant. CONSULTANT shall change or add sub consultants only with the prior approval of the city manager or his designee.

SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Anton Svorinichas the Project Director to have supervisory responsibility for the performance, progress, and execution ofthe Services and Art Jones as the proj ect coordinator to represent CONSULTANT during the dayto-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

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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 ofthe Project or a threat to the safety of persons or property.

The City's project manager is Ron Arp, Public Works Department, Environmental Services Division, 3201 East Bayshore Rd., Palo Alto, CA 94303, Telephone:650-496-5930. 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 ofthe 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.

16.1. To the fullest extent permitted by law, CONSULTANT shall protect, indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents (each an "Indemnified Party") from and against any and all demands, claims, or liability of any nature, including death or injury to any person, property damage or any other loss, including all costs and expenses of whatever nature including attorneys fees, experts fees, court costs and disbursements ("Claims") that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT, its officers, employees, agents or contractors under this Agreement, regardless of whether or not it is caused in part by an Indemnified Party.

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,

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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 ofthis 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 obtajn and maintain, in full force and effect during the tenn of this Agreement, identical insurance coverage, naming CITY as an additional insured under such policies as required above.

18.3. Certificates evidencing such insurance shall be filed with CITY concurrently with the execution of this Agreement. The certificates will be subject to the approval of CITY's Risk Manager and will contain an endorsement stating that the insurance is primary coverage and will not be canceled, or materially reduced in coverage or limits, by the insurer except after filing with the Purchasing Manager thirty (30) days' prior written notice of the . cancellation or modification, CONSULTANT shall be responsible for ensuring that current certificates evidencing the insurance are provided to CITY's Purchasing Manager during the entire term of this Agreement.

. 18.4. The procuring of such required policy or policies of insurance will not be construed to limit CONSULTANT's liability hereunder nor to fulfill the indemnification provisions of this Agreement. Notwithstanding the policy or policies of insurance, CONSULTANT will be obligated fqr 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 tenninate this Agreement, with or without calise, by giving ten (10) days prior written notice thereof to CONSULTANT. Upon receipt of such notice, CONSULT ANT will immediately discontinue its perfonnance 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 ofperfonnance by CITY.

19.3. Upon such suspension. or termination, CONSULTANT shall deliver to the

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City Manager immediately any and all copies of studies, sketches, drawings, computations, and other data, whether or not completed, prepared by CONSULT ANT 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 tennination 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 tennination; provided, however, if this Agreement is suspended or tenninated 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 detennination may be made by the City Manager acting in the reasonable exercise ofhislher discretion. The following Sections will survive any expiratIon or tennination of1his Agreement: 14, 15, 16; 19.4,20, and 25.

19.5. No payment, partial payment, acceptance, or partial acceptance by CITY will operate as a waiver on the part of CITY of any of its rights under this Agreement.

SECTION 20. NOTICES.

All notices hereunder will be given in writing and mailed, postage prepaid, by certified mail, addressed as follows:

To CITY: Office of the City Clerk City of Palo Alto Post Office Box 10250 Palo Alto, CA 94303

With a copy to the Purchasing Manager

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 perfonnance of the Services.

. 21.2. CONSULTANT further covenants that, in the perfonnance 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 detennines that CONSULT~T is a "Consultant" as that tenn is defined by the Regulations.ofthe Fair Political Practices Commission, CONSULTANT

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shall be required and agrees to file the appropriate financial disclosure documents required by the Palo Alto Municipal Code and the Political Reform Act.

SECTION 22. NONDISCRIMINATION. As set forth in Palo Alto Municipal Code section 2.30.510, CONSULTANT certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person because of the race, skin color, gender, age, religion, disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status, weight or height of such person. CONSULTANT acknowledges that it has read and understands the provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section 2.30.510 pertaining to nondiscrimination in employment.

SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE REQUIREMENTS. CONSULTANT shall comply with the City's Environmentally Preferred Purchasing policies which are available at the City's Purchasing Department, incorporated by reference and may be amended from time to time. CONSULTANT shall comply with waste reduction, reuse, recycling and disposal requirements of the City's Zero Waste Program. Zero Waste best practices include first minimizing and reducing waste; second, reusing waste and third, recycling or compo sting 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 of30% 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 ~inimum of30% or greater post-consumer material and printed with vegetable based inks.

• Goods purchased by Consultant on behalf of the City shall be purchased in accordance with the City's Environmental Purchasing Policy including but not limited to Extended Producer Responsibility requirements for products and packaging. A copy of this policy is on file at the Purchasing Office.

• Reusable/returmible 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, temi, condition, or provision of this Agreement.

SECTION 25. MISCELLANEOUS PROVISIONS.

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25.1 . This Agreement will be governed by the laws of the State of California.

25.2. In the event that an action is brought, the parties agree that trial of such action will be vested exclusively in the state courts of California in the County of Santa Clara, State of California.

25.3. The prevailing party in any action brought to enforce the provisions of this Agreement may recover its reasonable costs and attorneys' fees expended in connection with that action. The prevailing party shall be entitled to recover an amount equal to the fair market value of legal services provided by attorneys employed by it as well as any attorneys' fees paid to third parties.

25.4. This document represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representati~ns, and contracts, eithe! written or oral. This document. may be amended only by a written instniment, 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, froin time to time, may be referred to in any duly executed amendrrient 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.

25.10 The individuals executing this Agreement represent and warrant 1;hat they have the legal capacity and authority to do so on behalf of their respective legal entities.

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IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement on the date first above written.

CITY OF PALO ALTO

City Manager (Required on contracts over $85,000) Purchasing Manager (Required on contracts over $25,000) Contracts Administrator (Required on contracts under $25,000) .

APPROVED AS TO FORM:

Senior Asst. City Attorney (Required on Contracts over $25,000)

Attachments:

EXHIBIT "A": SCOPE OF WORK

CONSULTANT SCS FIELD SERVICES

EXHIBIT "B": EXHIBIT "C":

SCHEDULE OF PERFORMANCE COMPENSATION

EXHIBIT "C-l": EXHIBIT "D":

SCHEDULE OF RATES INSURANCE REQUIREMENTS

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EXIllBIT "A" SCOPE OF SERVICES

LANDFILL GAS AND LEACHATE CONTROL SYSTEMS MAINTENANCE, MONITORING AND REPORTING SERVICES

Purpose of Project: The purpose of this Request for Proposal (RFP) is to solicit services from qualified and experienced firms in order to perform maintenance, monitoring and reporthlg services for the City of Palo Alto Landfill's environmental control systems (landfill gas and leachate collection systems).

Background: History and Phasing: The City of Palo Alto (City) owns and operates an unlined, active, class III municipal solid waste disposal site, located at 2830 Embarcadero Road in Palo Alto, California. The landfill occupies approximately 126 acres of the 1800-acre, City-owned Byxbee Park and Baylands parcel. Approximately 76 acres of the landfill that were subject to landfilling activity have been filled to final grade and closed in accordance with applicable regulations. The landfill is divided into two phases: Phase I, comprises approximately 29 acres was developed into parkland in 1990. Phase II is divided into three areas, and has reached capacity in July, 2011 and undergo final closure construction in 2012.

The environmental control systems within the landfill consist of a vertical landfill gas extraction system and a retrofitted vertical leachate extraction system.

Landfill Gas System: The landfill gas (LFG) collection system consists of 109 vertical extraction wells (92 existing plus 17 additional wells to be installed by July 2011); strategically located throughout the landfill. Most of the gas wells are spaced approximately 200 feet apart, have been constructed Vl{ith a 4 to 6-inch diameter schedule 40 PVC casings placed within 24-inch diameter boreholes and have an average depth of approximately 35 feet below the landfill surface. An HDPE piping network collects and transmits gas from the extraction wells to a blower-flare facility currently located within Byxbee Park (Phase I). As early as mid-2011 the existing landfill flare is expected to be replaced by a new flare located at the adjacent Palo Alto Regional Water Quality Control Plant (R WQCP). Landfill gas is either destructed in the landfill flare or transferred to the adjacent Water Quality Control Plant (RWQCP) where the landfill gas supplements the natural gas to incinerate sewage solids. The pipe network is above grade throughout the landfill facility with the exception of the closed sections of the landfill. In the closed sections gas conveyance pipelines are buried within the final cover system, above the clay cap within a thickened vegetative soil layer.

Leachate System: The Palo Alto landfill Leachate Collection and Removal System (LCRS) consists of 24 vertical extraction wells, (4 of which will be added in Spring 2011). These wells are typically constructed with 6-inch diameter Schedule 80 PVC casings, and strategically distributed throughout the landfill. Well spacing averages approximately 300 feet, with locations being selected based upon historic information and local leachate levels at the time of installation. Each well has a dedicated pneumatic pump, and compressed air is delivered to each well from a centrally located compressor via a network of welded HDPE

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piping. Leachate is collected from the wells and transported via the piping network to the City of Palo Alto sanitary sewer main adjacent to the western boundary ofthe landfill. Leachate elevations within the refuse mass is measured through a set of 9 vertical piezometers equally spaced located within the landfill footprint. An additional seven (7) piezometers are expected to be installed at the landfill in mid-2011.

Condensate Collection: Gas condensate produced by the LFG collection system is collected in traps and pumped into the facility's LCRS via pneumatic submersible pumps. Two (2) new condensate sumps are expected to be installed in mid-20 11 in Phase IIC. There are curr~nt1y thirteen (13) condensate sumps located in Byxbee Park (phase I), Phase IIA, Phase lIB and Phase lIC, combined.

General Requirements: This scope of work includes: I) Performing routine LFG collection and emission control system maintenance, monitoring and reporting; 2) Performing routine LCRS maintenance and monitoring; 3) Performing annual landfill flare stack emissions sampling, analyses and reporting; 4) Compiling and preparing various LFG reports and provide miscellaneous engineering support services; and 5) Performing non-routine maintenance, repairs and temporary relocations of the LCRS and LFG systems so !that refuse filling can take place. Consultant shall comply with all requirements of the Landfill's Title V Air Permit (#A2721), Regulation 8, Rule 34 of the Bay Area Air Quality Management District's (BAAQMD's) regulations, including the newly adopted regulations for Methane Emissions from Municipal Solid Waste Landfills, CCR Title 17, §95460-95476, the ,EPA Greenhouse Gas Rule (40 CFR Part 98, Subpart HH), the landfill's leachate discharge permit (Permit #08106) as well as all pertinent plans and specifications relating to work associated with maintenance and operation of the site's environmental control systems.

Reduction in work for landfill Closure - This agreement provides for a one-year agreement with the option of extending the agreement annually for two additional years. The City reserves the right to modify or cancel the agreement based on the Consultant's performance (as evaluated by the City) andlor a change in the appropriations level for this work in each fiscal year's budget as adopted by the Palo Alto City Council. The landfill has ceased acceptance of refuse and will possibly undergo closure by the end of 2012. Therefore, Consultant should anticipate a decrease in the amount of work as City Staff begin transitioning into post closure maintenance duties. It can also be expected that th~ amount of contract budget for non-routine work "Task 5" will also decrease significantly because the existing piping does not need to be reconfigured after cessation of filling activities. The City does not expect the scope of work for Tasks 3 and 4 (flare testing and reporting) to be reduced during this potential 3 year contract.

The City will negotiate extensions ofthe agreement with the Consultant on an animal basis. The City does not expressly or by implication agree that the actual amount of work shall correspond therewith, but reserve~ the right to increase, decrease or modify the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or expedient by the City.

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144178 Landfill Gas and Leachate Control Systems Maill;tenance, Moni~oring, and Reporting Services Contract 2·6-12,doc

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The Consultant shall provide all necessary services, "labor, tools, materials, equipment, vehicles, and instrumentation for the routine scope of services under this agreement including, but not limited to, fus"ion welder for joining high-density polyethylene (HDPE) pipe, monitoring equipment for detecting LFG and any other equipment necessary to perform the routine scope of work contained herein. These items of equipment are considered necessary items for the Consultant, and separate charges for use ofthese items in the course of the routine work, will not be paid by the City.

Fees shall be paid on a time and materials, unit cost and lump sum basis for services rendered under this scope of services in accordance with submitted rates. Consultant shall not exceed "the contract amount without written authorization from the City. Reimbursable direct costs, such as subcontractors and construction materials, shall be billed and paid at Consultant's costs plus overhead! profit markup of a maximum often percent (10%). Field labor time for routine LFG or LCRS work (Tasks 1 and 2),shall be billed at the hourly rates specifiedjn the Consultant's fee schedule and shall be based only on time worked at the Palo Alto Landfill. No additional compensation for travel and mileage to or from the landfill shall be billed. Overtime rates shall be applicable to appropriate situations such as emergency call-outs or repairs requiring Consultant services beyond nonnal working hours (7:00 am to 5:00 pm Monday through Friday) or for maintenance and repair tasks when overtime has been authorized by the City. The Consultant shall provide appropriate documentation to support all invoices.

For work other than the routine service.s for the LFG cpllection system and the LCRS, the Consultant shall, at the City's request, submit cost estimates for the requested tasks for City approval. After performing the non-routine tasks, the Consultant's billing for the tasks shall not exceed the estimate by more than ten (10) percent without prior authorization of the City.

Work performed by the Consultant under this scope of service will be subject to inspection and testing by the City of Palo Alto. Any work found to be defective or unsatisfactory shall be repaired or replaced by the Consultant at the Consultant's expense. All routine operation, maintenance or monitoring work will take place either aboveground or in buried shallow vaults (Less than three feet in depth). The City will provide all applicable permits for work under this agreement. Contactor will not be responsible for the overall quality of the gas with regard to trace components and will not take "generator status" for any waste produced at the landfill deemed hazardous.

Personnel job titles and required experience levels are listed below. This agreement requires that all field personnel have the following minimum qualifications:

Senior Technician (or eguivalent) • Five (5) years experience performing work on LFG and LCRS systems; • Ability to tune and optimize the vacuum on the LFG collection system without

supervision or close oversight; .

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• Ability to detect and repair LFG system and LCRS leaks and diagnose potential failures before they occur;

• General understanding oflandfill regulations relating to the LCRS and LFG systems; and

• Ability and skill to make piping repairs weld HDPE pipe and install temporary condensate sumps without supervision. All Senior Technicians (or equivalent) must be trained and certified in HDPE fusion welding.

Technician (or equivalent) • Two (2) years experience performing work on LFG and LCRS systems; • Ability to detect and repair LFG system and LCRS leaks and diagnose potential

failures before they occur; • General understanding oflandfill regulations relating to the LCRS and LFG systems;

and • Ability and skill to make piping repairs, weld HDPE pipe and install temporary

condensate sumps with supervision. All Technicians (or equivalent) must be trained and certified in HDPE fusion welding.

The City may approve offield Technicians that do not have the minimal qualifications listed above on a case-by-case basis, and only when: 1) the scope of the Technician"s work is specific to the Technician's skill set; and 2) the Technician has proper oversight and supervision by appropriately qualified personnel.

The City will endeavor to allow unrestricted site access for Consultant personnel, equipment, and materi'als for the completion of the work. However, Consultant personnel shall be responsible for communication and coordination of the work with appropriate site City staff.

Work to Be Performed Task 1 - Routine LFG System Maintenance, Well-Head Monitoring, Surface Monitoring and Reporting

Bid Item Definition For Task 1: The Consultant shall provide a Senior Technician (or equivalent) with an experience and skill leyel defined · above, at the hourly rates specified in the Fee Schedule for the performance of routine LFG system maintenance, well-head monitoring and surface monitoring and reporting. Consultant shall also provide on the bid schedule an estimate of the Manager/Supervisor/Office Support Staff time necessary to support this work.

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144178 Landfill Gas and Leachate Control Systems Maintenance, Monitoring, and Reporting Services Contract 2·6·12.doc

A) Senior Technician (or equivalent) 584 hours onsite expected for year one of the contract. Much of this routine work for the final two years of this agreement is anticipated to be conducted by City staff with the exception that the Consultant may continue surface monitoring, review and compilation of gas well data and all reporting. Field Time Estimate breakdown for Task 1 during year 1 is expected to be:

• One 8 hour day (onsite) per week for well and component adjustment and monitoring (416 hours per year);

• One 16 hour event (onsite) per quarter for surface and component monitoring (64 hour per year); and

• Miscellaneous additional follow-up time for adjusting high-oxygen LFG wells (104 hours onsite per year). '

B) Management/Supervisor/Office Support Staff to support Task 1.

General Scope of Work For Task 1 Unless otherwise specified by the City, a date-specific schedule or a set day of the week schedule shall be submitted by the Consultant for approval'by City staff, and will specify when the LFG maintenance services are to be performed by the Consultant. Generally, for year one of this agreement Task 1 services will include the following:

• Inspection once per week of 1 09 LFG well-heads 15 condensate sumps, flare station and other valves, fittings and components;

• Monthly measurement of methane and non-methane organic compounds (NMOC), oxygen concentration and pressure within each well-heads inn accordance with Regulation 8, Rule 34, and Title 17, Section 95469. lfthe well head does not meet the standards of Regulation 8, Rule 34, Section 305, and Title 17, §95469, then the Consultant shall docmnent and make adjustments and repairs (if necessary) following Regulation 8, Rule 34, Section 414 scheduling requirements. It is anticipated that some follow up visits will be necessary by the Senior Technician for the purpose of monitoring and adjusting wells with high oxygen content. The Consultant shall make recommendations to the City for further repairs if necessary; Consultant shall compile the wellhead information, including all follow-up monitoring results and submit monthly reports to the City, within 21 days from the end of each month. At the City's discretion, Consultant shall train City staffwhile completing the field work portion of this work. The monitoring requirements of the rule are located in §95469. These requirements are listed below:

i. Monthly wellhead monitoring and requirement to achieve negative pressure at all wellheads, including corrective action/re-monitoring.

ii. Quarterly instantaneous surface emissions monitoring (SEM) at 25-foot spacing with a 500 ppmv methane limit, including testing of cover penetrations, with corrective action/re-monitoring.

iii. Quarterly leak testing ofGCCS components not under vacuum at a 500 ppmv methane limit, including corrective action/re-monitoring,

iv. Quarterly integrated surface sampling with a limit of25 ppmv methane.

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v. Continuous flow and temperature ptonitoring.

• In addition to the monthly well head monitoring, the Consultant shall monitor and . . compile records to support the LFG component quarterly leak monitoring requirements of the BAAQMD's Regulation 8, Rule 34, Section 501 and 503 and Title 17, §95460-95476. Separate Quarterly Component Monitoring reports shall be submitted to the City within 21 days from the end of each quarter. At the City's discretion, Consultant shall train City staffwhile completing the field work portion of this work

• Adjust/tune and optimize the vacuum on the individual wells in order to maximize methane extraction while minimizing oxygen intrusion into the landfill; At the City's discretion, Consultant shall train City staffwhile completing the field work portion of this work

• Quarterly measurement of methane and NMOC concentration on the landfill surface in accordance with site surface monitoring plan and Regulation 8, Rule 34, Section 501 . and 506 and including the newly adopted regulations for Surface Emissions Monitoring (SEM), CCR Title 17, §95469 listed below: i. Quarterly instantaneous surface emissions monitoring (SEM) at 25-foot spacing

with a 500 ppmv methane limit, including testing of cover penetrations, with corrective action/re-monitoring.

ii. Quarterly leak testing of GCCS components not under vacuum at a 500 ppmv methane limit, i.n:cluding corrective action/re-monitoring.

iii. Quarterly integrated surface sampling with a limit of25 ppmv methane.

• Consultant shall establish a portable wind· station or obtain measurements from the Palo Alto Airport to document compliance with meteorological conditions during the monitoring events. A detailed written report summarizing the results of the monitoring activities shall be provided to the City within 21 days of the end of each quarter. A date-specific schedule shall.be developed by the Consultant and submitted for approval by the City. At the City's discretion, Consultant shall train City staff while completing the field work portion of this work.

• Clearing flammable vegetation from' collection lines and wells as needed;

• Weekly inspection of the flare station, including download of the data ·logger. Document and collect all data including all startup, shutdown and malfunction paperwork. This maintenance includes inspection and minor preventive maintenance and such as annual cleaning of the flame arrestor, ensuring all components are in good working order such as valves, data logger, pressure gauges, alarms, louver controls, flow meters and blowers; The Consultant shall obtain information from the R WQCP to prepare the necessary reports. At the City's discretion, Consultant shall train City staff while completing the field work portion of this work.

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Weekly minor repair of aged or damaged extraction system components;

• Compile all data from the tasks listed above to be utilized by Consultant in preparing the Title V Semi-annual reports (Task 4).

These tasks shall be performed with due care and diligence and in a workman-like manner, with the goal to:

• Maximize methane extraction while minimizing oxygen intrusion into the landfill; • Minimize the emissions of LFG to the atmosphere; • Detect and correct deficiencies, inefficiencies and failures in the LFG collection and

emission control system; and • Identify leaks and potential leak risks as well as to repair the leak.

The Consultant shall provide one' (1) copy of all field records generated during on-site service before leaving the site for the day.

Task 2 - Routine Leachate Collection and Removal System (LCRS) Maintenance Bid Item Definition For Task 2: The Consultant shall provide a qualified Technician (or equivalent) with an experience and skill level defined above, at the hourly rates specified in the Fee Schedule for the performance of routine LCRS system maintenance and monitoring. Consultant shall also provide on the bid schedule an estimate of the Manager/Supervisor/Office Support Staff time necessary to support this work. '

A) Technician (or equivalent) 416 hours onsite per year (Year one 'ofthe contract). Field Time Estimate breakdown for Task 1 ' .

• One 8 hour day (onsite) per week for servicing and maintaining leachate and condensate system components. .

B) Management/Supervisor/Office Support Staff to support Task 2,

General Scope of Work For Task 2 A.date-specific schedule or day of the week schedule shall be developed by the Consultant and submitted for approval by the City. The Consultant's schedule shall specify when the LCRS weekly maintenance services are to be performed by the Consultant.

'Routine LCRS maintenance shall be performed with due care and diligence and in a workman-like manner with the goal to:

• Maximize the leachate extraction volume; • Minimize the risk of leachate release or discharge other than to the sanitary sewe,r; • Detect and correct deficiencies, inefficiencies and failures in the LCRS; and • . Accurately quantify leachate production rates at the time of the LCRS weekly survey

and over the period since the previous survey.

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144178 Landfill Gas and Leachate Control Systems Maintenance, Monitoring, and Reporting Services Contract 2-6-12,doc

The LCRS weekly maintenance services shall include, but not be limited to the following tasks: At the City's discretion, Consultant shall train City staffwhile completing the field work portion of this work

1) Make weekly routine observations of each LCRS well and record, on City supplied forms, the following information: . • }lump cycle counter reading; • Discharge rate at time of observation; and • Operational status of pump and well.

2) Perform weekly routine maintenance of each LCRS well including the following: • Inspect well head assemble for leaks and/or malfunctions; • Make routine adjustments andlor minor repairs as needed for proper operation of

all components; • ~ecord work performed and parts replaced on approved forms; and • Note any evidence of fire, excessive LFG or any other unsafe condition and take

corrective action or notify the Project Manager. .

3) Penorm pump maintenance including the following: • Remove one (1) pump and replace with a clean pump on a rotational basis pre

detennined by the City of Palo Alto; • Remove, replace and clean additional pumps as needed to maintain full operation

of the system; • Clean all scale and debris from the removed pump(s) and make minor

adjustments and/or repairs as needed; • Record work performed and parts replaced on City furnished forms; and • Maintain pump maintenance supplies and pump services area in an orderly

condition.

4) Inspect leachate out-fall complex including: • Inspect the sampling valve; • Inspect main shut-off valve; and • Inspect overall assembly for leaks and general operation.

5) Inspect and record leachate level depths of piezometers;

6) Consultant shall enter collected field data onto an MS Excel spreadsheet provided by the City. Consultant shall evaluate the data and discharge calculation results (performed by the spreadsheet) for normal discharge volume discrepancies. Based on the data from the spreadsheet, Consultant shall determine a course of action for maintenance andlor troubleshooting leachate well/pump failures. The Consultant shall perfonn all repairs as needed.

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Professionlli Services Rev. June 2, 2010

144178 Landfill Gas ~d Leachate Control Systems Maintenance, Monitoring, and Reporting Services Contract 2-6-12.doc

7) Consultant shall inspect and perfonn routine maintenance on one (1) air compressor including the following:

Compressor: • Automatic drain; • Oil/water separator; • Oil level (top as needed); • Air filter (replace as needed); and • Change oil and replace oil filter every 5000 hrs • Perfonn any other factory recommended tasks for routine maintenance. • Collect any air compressor water

8) Consultant shall provide one (1) copy of all field records generated during the LCRS weekly service including a completed copy of the LCRS.weekly Inspection Form. Consultant shall deliver the records to the City before leaving the site on the day of service.

9) Quarterly Survey and Maintenance Service - The Consultant shall perform a quarterly survey and maintenance service on the LCRS on a date-specified schedule to be approved by the City. The quarterly survey and maintenance service shall include the following:

• Inspect leachate wells, components, and piping: • Inspect entire length of leachate collection piping and air delivery lines for

leaks and deterioration; • Free piping from vegetation observing locations and conditions of pipes and

hosing; • Clean and lubricate all valves and connections. Make routine adjustments

andlor minor repaired as needed; • Inspect check valves located at each wellhead for proper operation. If check

valve allows back-flow, clean or replace; • Record work performed. Record observations including status of each well

and its respective components, such as pump, counter and check valve; • Prepare and submit a brief system assessment report on a quarterly basis.

This report shall summarize all maintenance perfonned on the LCRS, as well as providing recommendations for future maintenance on an individual well basis during each quarter.

10) Other activities associated with the routine maintenance of the LCRS under this scope of services include, but are not limited to:

• Disconnection and removal of lateral collection pipes and air delivery lines from extraction wells;

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• Extension of vertical extraction wells to facilitate refuse operations (including removal of well-head assembly, removal of pumps and hoses, reinstallation of pumps and hoses, reinstallation of well-head assemblies;

• Reconnection of lateral collection pipes and air delivery lines to extraction wells; .

• Relocation of lateral collection pipes and air delivery lines; • Installation of heavy equipment crossings; • Repair of problems including, but not limited to compressor, pump, wellhead

assembly, clogged collectiori lines, etc.; • Fabrication or procurement of gas-tight well-head assemblies; • Procurement and assembly of down-well hoses and ropes; • Connection of new wells to LCRS; and • Aid in fire detection and suppression when associated with extraction wells.

Task 3 Landfill Flare Stack Emission Sampling, Analytical Testing and Reporting The flare source test shall be conducted by Consultant on the Surlite Flare or the new flare to be located at the Regional Water Quality Control Plant in accordance with the Title V Major Facility Review Permit No. A2721, dated October 13, 2004, Condition 1028, Item Nos. 15 and 16 including determination of flare destruction efficiency. Additionally; because the landfill is subject to the AB32 Landfill Methane Rule (see Task 4), the flare must be tested annually to document compliance with Rule's 99% methane destruction requirement, as specified in Section §9 54 71 of the Rule. Also, in accordance with Item No. 15 of the permit the Bay Area Air Quality Management District (BAAQMD) shall be notified by Consultant at least 14, days in advance of the test and compliance plan for the source test will be submitted to the agency. A report summarizing the results of the source test shall be submitted to the City and BAAQMD within 45 days of completion of the test.

Task 4 Report Preparation and Engineering Services Consultant's scope of work for Task 4 is outlined below and includes report preparation in compliance with the Title V permit and Bay Area Air Quality Management District (BAAQMD) Rule 8-34, as listed below. A draft of each report shall be provided to the City for review prior to submittal. The final reports shall incorporate City's comments. The final reports and certifications will be signed by the responsible official at the City.

Title V Semi-Annual Monitoring Reports (Two Reports) The Title V permit for the City of Palo Alto Landfill includes a requirement for the preparation and submittal of semi-annual monitoring reports associated with permit compliance. Consultant shall collect the required information for completion of these reports and prepare the reports on behalf of the City for submittal to the BAAQMD. City generated data and documentation for Title V monitoring will be provided to the Consultant in a timely and complete manner for inclusion in the report, with the exception of information Consultant collects and maintains in accordance with Consultant's scope of work under this agreement.

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144178 Landfill Gas and Leachate Control Systems Maintenance, Monitoring, and Reporting Services Contract 2·6-12.doc

Semi-Annual Rule 8-34 NSPS Reports (Two Reports) Consultant shall prepare the, semi-annual Rule 8-34 annual reports required by the BAAQMD. Consultant shall collect the necessary data to complete this reports under Section 411 of Rule 8-34 and Part 40 Code of Federal Regulations (CFR) 60.757(f) of the New Source Performance Standards (NSPS) for Municipal Solid Waste Landfills (40 CFR Part 60, Subpart WWW). The reports shall be developed in the fonnat prescribed by the BAAQMD. The semi-annual repprts will contain the following information, as required:

1) Operating Records Required by Section?O 1 :

a) All collection system downtime, including individual well shutdown times, length of time for shutdown, and the reason for the shutdown. All periods greater than five (5) days when the collection system was not operating.

b) All emission control system downtime, length of time for shutdown, and the reason for the shutdown. Description and duration of all periods when the control device was not operating for greater than one (1) hour and the length of time that the device was not operating. .

c) Continuous temperature records (data logger) for all operating flares and any enclosed combustors with a listing of the dates/times when flare temperature went below limit allowed in the Title V permit and any times when temperature gauge was off-line or not operational.

d) Monthly LFG flow meter readings.

e) Records of all quarterly LFG system component leak testing, including monitoring dates, leak concentration by volume if in excess of 1,000 parts per million, by volume (ppmv), location ofleak, date of discovery, the action taken to repair the leak, date of repair, date of any required re-monitoring, and the re-monitored concentration in ppmv.

f) Annual waste acceptance rate and the current amount of waste in-place (to be provided by the City). Once the landfill closes this requirement will not be required.

g) Records of the nature, location, amount, and date of deposition of non-degradable wastes, for any landfill 'areas excluded from the collection system requirement as documented in the G~ Collection and Control System (GCCS) Design Plan (to be provided by the City). Once the landfill closes this requirement will not be required.

h) Continuous gas flow rate records (data logger information) with a listing of the dates/times when flow rate went above limit allowed in the Title V permit and any times when the flow meter was off-line or not operationa~.

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i) Records of all quarterly surface emissions monitoring, including monitoring dates, surface emission concentration by volume if in excess of 500 ppmv, location of exceedance, date of discovery, the action taken to repair the exceedance, date of repair, date of any required re-monitoring, and the re-monitored concentration in ppmv.

. j) For monthly wellhead monitoring (temperature, vacuum, and oxygen or nitrogen content), records of all monitoring dates and any excesses of the limits stated in Section 8-34-305, Title 17, §95460-§95476, and below (or alternative ·limits approved in~he Title V Permit), including well identification number, the measured excess, the action taken to repair the excess, and the date of repair, date of any required re-monitoring, and the re-monitored value. .

i) A minimum of monthly recording of gauge pressure at all wellheads (all wells must operate under negative pressure conditions). .

ii) Monthly monitoring of oxygen or nitrogen concentrations at all wellheads (oxygen must not exceed 5 percent or nitrogen over 20 percent).

iii) Monthly monitoring of temperatures at all wellheads (temperature shall not exceed 55°C (131°F».

2) Calibration information for monitoring equipment used for the various monitoring activities listed above (e.g., OVA, GEM-SOO unit, flow meter, temperature, etc.).

3) Description and duration of all periods when the gas stream was diverted from the control device through a bypass line to th~ WQCP incineration. Once the new flare goes online and the old flare is disconnected this requirement will not apply . .

4) The date of installation and location of all wells or system expansions as the result of monitoring exceedances during previous reporting period.

5) Data upon which the density of well and equipment sizing were based.

6) Gas generation rate estimates.

7) Provisions for increasing LFG extraction capacity as gas generation increases.

8) The provisions for the control of LFG migration.

Semi-Annual Startup Shutdown and Malfunction Plan Reports (Two Reports) The landfill is subject to 40 CFR Part 63, Subpart AAAA, the National Emission Standard for Hazardous Air Pollutants (NESHAPs) for Municipal Solid Waste Landfills. In accordance with NESHAPs requirements, a start-up, shutdown, and malfimction (SSM) plan was prepared for the Palo Alto landfill. This SSM Plan documents the procedures for operating and maintaining the affected elements of the landfill gas collection and control system during startup shutdown and malfunction. In addition to the requirements to prepare

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an SSM plan, CFR 40 contains provisions requiring periodic SSM reports at a minimum semi-annual basis. .

Annual Compliance Certification (One Report) The Title V permit for the City of Palo Alto Landfill also includes a requirement for the preparation and submittal of an annual compliance certification. Consultant shall coll~ct the required infonnation for completion of a report to accompany this certification and prepare the report on behalf of the City for submittal to the BAAQMD.

This scope of work assumes that any City provided documeritation associated with any compliance activities for Title V will be provided to Consultant in a timely and complete manner for inclusion in the report for any items not already completed by Consultant.

AB32 - Landfill Methane Rule Annual Reporting (One Report) The City is subject to the AB32 Landfill Methane Rule (Title 17 California Code of Regulations (CCR), Chapter 10, Article 4, Sub article 6, §95462 through §95476), which has an annual reporting requirement. The initial required annual report under this Rule must be submitted by March 15, 2012, for reporting of calendar year 2011 data.

Annual Reports must include the following infonnation, as specified in §95470 of the Rule:

• General site infonnation • Total volume ofLFG collected (reported in standard cubic feet (scf)), • Average composition ofLFG collected over the reporting period (reported in percent

methane and percent carbon dioxide by volume), • Gas control device type, installation, rating, fuel type, and total LFG combusted in

each control device, • Date GCCS installed • Percent methane destruction efficiency • Volume and composition of gas shipped off-site • Type and amount of supplemental fuels burned with the LFG. • Recent topograpijic map, and • All required monitoring data.

Consultant will compile the required data into a report in a format suitable for submittal to the California Air Resources Board (CARB) Executive Officer. Consultant will provide a draft of the report to the City for review. Final report will incorporate the City's comments and be submitted to CARB

EPA - Greenhouse Gas Annual Reporting (online· submittal) The City is required under the EPA GHG reporting rule, 40 CFR, Part 98, Subpart RH, to submit a report annually. Consultant will compile the required data and input into an appropriate electronic fonnat in accordance with EPA GHG rule specifications for upload to the EPA's online reporting tool (e-GRRT). Consultant will submit draft data file to the City for review. Final report will incorporate the City's comments and be submitted to EPA via e-

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GRRT. Consultant will be added to the website as City's agent and manage the website reports on qty's behalf.

The data to be reported is for calendar year 2011, and the reporting deadline is March 30, 2012. As specified in the EPA Rule, the following infonnation is required:

• Landfill Operations (Open/closed/Year)

• Waste Disposal Calculations

• Waste Composition (If Available)

• Modeling'Parameters Used

• Methane Dat:;t

• Landfill Area, Cover Types by Area, and Oxidation Fractions Used

• LFG Modeling Results

• Emissions from stationary combustion units.

• Flow of collected LFG

• Methane content of LFG

• Temperature and pressure data for LFG

• Description of control device(s) both on- and off-site

• Control device operating hours

• Description of GCeS, landfill areas and waste depths

• Computed methane volume captured

• Computed methane generated (corrected for, oxidation using EPA model)

• Computed methane generated (corrected for oxidation using LFG recovery flow and collection efficiency) .

• Methane Emissions, 'Method 1 (Modeling)

• Methane Emissions, Method 2 (Gas Captured and Estimated Collection Efficiency)

Other Engineerinf! Services On occasion the Consultant may be asl<ed to evaluate the perfonnance and design of the gas system using the services of a qualified LPG engineer. Consultant shall provide engineering services for duties including, but not limited to possible LFG and, LCRS system design, pennitting and equipment change-out. Work on these engineering services requires written approval from the City prior to Consultant working on or billing to these Tasks. Typ~cally, Consultant shall develop and submit a written cost estimate prior to work on these subtasks.

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Task 5 - Non-Routine Maintenance and Repairs and Other Support Services. Consultant shall provide as requested by the City, on-call support services, including: manpower; equipment; instrumentation; and materials in accordance with the fee Schedule for this task and the rate schedule supplied by the Consultant. This work shall occur only after approval from the City. Non-routine maintenance and repairs may include but not be limited to:

1) Providing qualified personnel that shall respond to the LFG flare alanns (24 hours per day, seven days per week). The Consultant shall respond to the call out and be on-site within four (4) hours notice in the'event of emergency repairs associated with the flare system.

2) Attending meetings with the BAAQMD or other agency staff.

3) The Consultant shall provide laborer(s) and technicians(s}, at rates specified in the proposal for duties associated with the non-routine maintenance of the LFG or LCRS systems. At the City's request, the Consultant shall:

a) Attend meetings with City staff, to review status/condition of the LCRS or LFG system.

b) Provide written recommendations for repairs or upgrades that are outside the routine maintenance tasks.

c) Provide laborers and technicians to undertake projects requested by the City, including, but not limited to:

• Disconnection and removal of lateral collection pipes from LFG and LCRS extraction wells;

• Extension of vertical extraction wells to facilitate refuse filling operations; • Reconnection of lateral collection pipes; • Installation of heavy equipment crossings; • Repair of damaged LFG and LCRS extraction system components; and • Connection of new LFG and LCRS wells to the system.

End Scope of Work

EXHmIT "B"

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I 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. ofDayslWeeks

FromNTP

1. Perform on-going maintenance, monitoring, and reporting. 365

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EXHIBIT "C" COMPENSATION

The CITY agrees to compensate the CONSULTANT for professional services performed in accordance with the terms and conditions of this Agreement, and as set forth in the budget schedule below. Compensation shall be calculated based on the hourly rate schedule attached as exhibit C-l up to the not to exceed budget amount for ea?h task set forth below.

The compensation to be paid to CONSULTANT under this Agreement for all services described in Exhibit "A" ("Basic ServicesH

) and reimbursable expenses shall not exceed $143,994.00. CONSULTANT agrees to complete all Basic Services, including reimbursable expenses, within this amount. ill.the event CITY authorizes any Additional Services, the maximum compensation shall not exceed $158,394.00. Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to the CITY.

CONSULTANT shall perform the tasks and categories of work as outlined and budgeted below. The CITY's Project Manager may approve in writing the transfer of budget amounts between any of the tasks or categories listed below provided the total compensation for Basic Services, including reimbursable expenses, does not exceed $143,994.00 and the total compensation for Additional Services does not exceed $14,400.00.

BUDGET SCHEDULE NOT TO EXCEED AMOUNT Task 1 $44,180 (Ro.utine landfill gas system maintenance, monitoring, and reporting.)

Task 2 $25,764 (Routine leachate collection and removal system maintenance.)

Task 3 $7,550 (Landfill flare stack emission sampling, testing, and reporting.)

Task 4 $33,000 (Report preparation and engineering services.)

Task 5 $30,000 (Non~routine services, repairs and other support services.)

Sub-total Basic Services $140,494

Reimbursable Expenses $3,500

Total Basic Services and Reimbursable expenses $143,994

Additional Services (Not to Exceed)

Maximum Total Compensation

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$14,400'

$158,394

144178 Landfill Gas and Leachate Control Systems Maintenance. Monitoring, and Reporting Services Contract 2-6-12.doc


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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:

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 me&! 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 infonnation. Any expense anticipated to be more than $500.00 shall be approved in advance by the CITY's project manager. "

ADDITIONAL SERVICES

The CONSULTANT shall. provide additional services only by advanced, written authorization from the CITY. The CONSULTANT, at the CITY's project manager's request, shall submit a detailed written proposal including a description of the scope of services, schedule, level-of effort, and CONSULTANT's proposed maximum compensation, including reimbursable expense, for such services based on the rates set forth in Exhibit Col. 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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15 144178 Landfill Gas and Leachate Control Systems Maintenance, Monitoring, and Reporting Services Contract 2-6·12.doc

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EXHIBIT "C-l" HOU~YRATESCHEDULE STANDARD FEE SCHEDULE

POSITION RATEIHOUR FIELD SERVICES

Laborer ................................................................... . Technician ................................... ..... .............. ........ . Fusion Technician ......................... ............................. .. . Equipment Operator ................................... ............... . Sr. Technician .......................................... ................. . Foreman .................................... .. ....... ...................... . Superintendent. ................... ...................... ...... ........... .

54.00 54.00 70.00 70.00 70.00 89.00 112.00

MANAGEMENT/SUPPORT PERSONNEL RATEIHOUR

Secretarial. ... ...... '.' .................................................. . Proj ect Administrator ... ..... ..................... .......... .... ....... . Designer/Drafier ........................ ' ......... ~ ................... . Project ProfessionaL .................................................... . Proj ect Manager ....................................................... . . Regional ManagerlProject Director ................ ......... : ...... .

SCS ENGINEERS

Principal ................................................................... . Senior Proje,:tlTechnical Manager. ............................... . Engineering Project Manager ......................................... . Certified Industrial Hygienist. .. ~ ..................................... . Sr. Project Professional. ... , .......................................... . Eng. Project Professional. ........................................... . Staff professional. ................. ....................................... . Sr. Eng. Technician .................................................... ..

General Tenns:

50.00 60.00 95.00 100.00 145.00 195.00

255.00 190.00 175.00 160.00 140.00 126.00 100.00 85.00

1. Labor rates are in effect until February 28,2013. Any work perfonned after that date is subject to new Standard Fee Schedule.

2. The above rates include salary, overhead, and profit. Other direct charges such as subcontractors, construction equipment, materials, air travel, freight, auto rental, permits, fees, taxes, tolls, and other costs incurred for the project. Will be billed at cost plus 10 percent. The cost of equipment owned by SCS Field Services will not be subject to administrative mark-up. Automobile mileage is $0.50 per mile. Trucks will be charged at $18.00 per hour. (No administrative mark-up will be applied to charges for company-owned vehicles.)

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Professional Services Rev June 2, 2010


EXHIBIT "D" INSURANCE REQUIREMENTS

CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES wirn AM BEST'S KEY RATING OF A-:VII, OR IDGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA.

AWARD JS CONTINGENT ON COMPLIANCE WITJ-I CITY'S INSURANCe REQUlREMENTS, AS SPECIJ7IED, BELOW:

MINIMUM LIMITS REQUIRED TYPE OF COVERAGE REQUIREMENT

EACH

YES YES

YES

YES

YES

-YES

OCCURRENCE AGGREGATE

WORKER'S COMPENSATION STATUTORY EMPLOYER'S LIABILITY STATUTORY

BODILY INJURY $1,000,000 - $1,000,000 GENERAL LIABILITY, INCLUDING PERSONAL INJURY, BROAD FORM PROPERTY DAMAGE $1,000,000 $1,000,000 PROPERTY DAMAGE BLANKET CONTRACTUAL, AND FIRE LEGAL BODILY INJURY & PROPERTY DAMAGE $1,000,000 $1,000,000 LIABILITY COMBINED.

BODILY INJURY $1,000,000 $1,000,000 - EACH PERSON $1,000,000 $1,000,000 - EACH OCCURRENCE ·$1,000,000 $1,000,000

AUTOMOBILE LIABILITY, INCLUDING ALL OWNED, HIRED, NON-OWNED PROPERTY DAMAGE $1,000,000 $1,000,000

BODILY INJURY AND PROPERTY $1,000,000 $1,000,000 DAMAGE COMBINED

PROFESSIONAL LIABILITY, INCLUDING, ERRORS AND OMISSIONS, MALPRACTICE (WHEN APPLICABLE), AND NEGLIGENT PERFORMANCE ALL DAMAGES $1000000

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 SUB CONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS' COMPENSATION, EMPLOYER'S LIABILITY AND PROFESSIONAL INSURANCE: NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES.

I. INSURANCE COVERAGE MUST INCLUDE:

A. A PROVISION FOR A WRITTEN THIRTY DAY ADVANCE NOTICE TO CITY OF CHANGE IN COVERAGE OR OF COVERAGE CANCELLATION; AND

B. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONTRACTOR'S AGREEMENT TO INDEMNIFY CITY.

C. DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY'S PRIOR APPROVAL.

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

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ADDITIONAL INSUREDS. B. CROSS LIABILITY

THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER, BUT TIDS ENDORSEMENT, AND THE NAMING OF MUL TJPLE 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 TIiE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.

NOTICES SHALL BE MAILED TO:

PURCHASING AND CONTRACT ADMINISTRATION CITY OF PALO ALTO P.O. BOX 10250 PALO ALTO, CA 94303

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Documents

City of Palo Alto (ID # 2458) City Council Staff Report