HomeMy WebLinkAbout1998-01-26 City Council (15)TO:
City of Palo Alto
City Manager’s Report
HONORABLE CITY COUNCIL
3
FROM:CITY MANAGER DEPARTMENT: PUBLIC WORKS
DATE:
SUBJECT:
JANUARY 26, 1998 CMR:117:98
APPROVAL TO RENEW CONSULTANT CONTRACT WITH PRA
GROUP FOR LANDFILL ENVIRONMENTAL MONITORING AND
CONSULTING SERVICES
RECOMMENDATION
Staffrecommends that Council:
Approve and authorize the City Manager, or her designee, to exercise the option to
renew the consultant contract with PRA Group for landfill environmental monitoring
and consulting services for the second and third year, in amounts not to exceed
$59,990. Renewal of the contract for the third year is contingent upon Council
approval of the budget, the consultant’s responsiveness to the City’s needs and the
quality of the consultant’s work during the second year of the contract.
o Authorize the City Manager, or her designee, to negotiate and execute one or more
change orders to the contract with PRA Group for related, additional, but unforeseen
work which may develop during the project, the total value of which will not exceed
$5,990 during the second year, and $5,990 during the third year of the contract,
provided the contract is extended for that year.
DISCUSSION
Project Description
The work to be performed under the contract is for performing the routine monitoring, field
sampling, laboratory analyses, and report generation required by Palo Alto’s Landfill
environmental compliance programs, permits issued for the facility, and agreements with
regulatory agencies.
Contract Extension
On October 15, 1996, Council approved the contract with PRA Group for landfill
environmental monitoring and consulting services as detailed in attached CMR:420:96. Staff
omitted language in the staff report that indicated the term of the contract was for one year
with an option to extend the term for two additional years.
CMR:117:98 Page 1 of 2
Following the first year of the contract, staff has determined that the consultant PRA Group
provided quality work and subsequently negotiated an acceptable escalation factor for the
second year of the contract. Staff is requesting approval to renew the consultant contract for
the second year with the option of extending the term for one additional year.
ALTERNATIVES TO STAFF RECOMMENDATION
The alternative to renewal is rebidding the Landfill Environmental Monitoring and
Consulting Services Contract. State regulations and landfill permits require on-going landfill
monitoring. Rebidding would result in disruption of the current, monitoring programs in
progress and may result in increase cost for contract services.
RESOURCE IMPACT
Funds for this project are included in the FY 1997-98 Public Works Departmem operating
budget.
POLICY IMPLICATIONS
This report does not represent any change to existing policies.
TIMELINE
Upon approval, staff intends to continue the landfill monitoring programs currently in
progress required by State regulations and landfill permits.
ENVIRONMENTAL REVIEW
Not a project under the Califomia Environmental Quality Act (CEQA).
ATTACHMENTS
A- CMR:420:96
B - Contract #C7090455
C - Consultant Renewal Proposal
D - Insurance Certificates
PREPARED BY: Sean Kennedy, Environmental Specialist, Public Works Operations
DEPARTMENT HEAD:
GLENN S. ROBERTS
Director of Public Works
CITY MANAGER APPROVAL:
HARRISON
Assistant City Manager
CMR:117:98 Page 2 of 2
TO:
ATTACHMENT A
City of Palo Alto
City Manager’s Report
HONORABLE CITY COUNCIL
2
FROM~CITY MANAGER DEPARTMENT: Public Works
AGENDA DATE:
SUBJECT:
October 15, 1996 CMR:420:96
Approval of Consultant Contract With PRA Group for Landfill
Environmental Monitoring and Consulting Services
REOUEST
This is a request for approval of a consultant contract with PRA Group in the amount .of
$59,990 for Landfill Environmental Monitoring and Consulting Services.
RECOMMENDATIONS
Staff recommends that Council:
Approve and authorize the Mayor to execute the attached consultant contract with
PRA Group in the amount of $59,990 for Landfill Environmental Monitoring and
Consulting Services.
o Authorize the City Manager or her designee to negotiate and execute one or more
change orders to the consultant contract with PRA Group, the total value of which
shall not exceed $5,990.
PoLIcY IMPLICATIONS
The approval of this contract is consistent with existing policies.
EXECUTIVE SUMMARy
Consultant Services Description
The work to be performed under the contract involves performing the routine monitoring,
field sampling, laboratory analyses, and report generation required by the Palo Alto
Landfill’s environmental compliance programs, permits issued for the facility, and
agreements with regulating agencies. The tasks are divided into four compliance, areas:
groundwater monitoring, leachate discharge monitoring, landfill gas monitoring, and storm
water monitoring. One additional task, identified as "On-call Services" (providing landfill
related operational problems, contingency reporting, regulatory review and acting as a
liaison, and peer review of submittals), is also included in the. scope of services.
Selection Process
CMR:420:96 Page 1 of 2
Staff sent a request for proposals to 39 consulting firms on August 13. 1996. Firms were
given 21 days to respond to the request. A total of 18 firms submitted proposals. 10
responded with the "no bid form," and 11 did not respond.
A selection advisor-,’ committee consisting of staff from the TechnicAl Services Section of
the Public Works Operations Division reviewed the proposals. The committee carefully
reviewed each firm’s qualifications and submittals in response to the RFP relative to the
following criteria: specialized experience and qualifications of the consultant in the design
¯ and operation of Class III sanitary landfills including groundwater, leachate, and landfill gas
system design; monitoring; analysis and interpretation; site closure; regulations governing
Class III landfills; and familiarity with regulatory agencies; specialized experience,
qualifications, and credentials of individuals assigned to the project; completeness in
responding to the request for proposals; proposed fees relative to the services, provided; and
meeting the requirements of Part III of the request for proposals, contract administration
instructions and forms. The environmental consulting firm PRA Group was selected because
of their cost and their specialized experience and qualifications in the area of ground water,
leachate, landfill gas, and storm water monitoring programs and systems.
FISCAL IMPACT
Funds for this project are included in the FY 1996/1997 budget.
ENVIRONMENTAL ASSESSMENT
These services do not constitute a project for,the purposes of the California Environmental
Quality Act.
CONFLICT OF INTEREST
Staff, with the concurrence of the City Att0mey, has determined that the consultant is exempt
from .complying with the financial disclosure provisions of the City’s conflict of interest
code, because the consultant’s range of duties and services to be provided under the contract
are limited in scope or are primarily ministerial in nature.
ATTACHMENT
Agreement
GLENN S.-ROBERTS
Director of Public Works
CITY MANAGER APPROVAL:
CMR:420:96 Page 2 of 2
ATTACHMENT B
CONTRACT NO. ~ 9 o ~ 4E5
BETWEEN THE CITY OF PALO ALTO AND
THE PRA GROUP, INC.
FOR LANDFILL ENVIRONMENTAL MONITORING
AND CONSULTING SERVICES
This Contract No. d~oq~4~9~ is entered into O~0~" ~
by and between the CITY OF PALO ALTO,’ a chartered city
municipal corporation of the State of California ("CITY"), and
THE PRA GROUP, INC., a California corporation, located at 2495
Industria! Parkway West, Hayward, CA 94545 ("CONTRACTOR").
’,RECITALS:
WHEREAS, CITY desires certain professional services
("Services"), as more fully described in Exhibit "A"; and
WHEREAS, CITY desires to engage CONTRACTOR, including its
employees, if any, in providing the Services by reason of its
qualifications and experience in performing such Services, and
CONTRACTOR has offered to provide the Services on the terms and in
the manner set forth herein;
NOW, THEREFORE, in considerat~ion of the covenants, terms,
conditions, and provisions of this Contract, the parties agree:
SECTION I. TERM
i.i This Contract will commence on the date of its
execution by CITY. The obligation of CONTRACTOR tO perform the
Services will commence in accordance with the time schedule set
forth in Exhibit ’~". Time is of the essence of this Contract.. In
the event that the Services are not completed within the specified
time schedule on account of CONTRACTOR’s default, CITY’s city
manager will have the option of extending the time schedule for any
period of time. This provision will not preclude the recovery of
damages for delay caused by CONTRACTOR.
1.2 The initial term of this Contract is twelve (12)
months. However, CITY reserves the right to cancel or modify th~
Contract according to any changes or deletions in regulatory agency
requirements for CONTRACTOR’s services. CITY may renew this
Contract with CONTRACTOR on an annual basis for up to two (2)
additional years following the first year of the Contract. The
renewal of the Contract is subject to whether CONTRACTOR’s
performance under the Contract is satisfactory to CITY and whether
the Palo Alto City Council allocates funding for the Contract for
each of the subsequent two (2) years of the term. CITY shall
notify CONTRACTOR of its intent to renew no later than September 1
of each year, beginning with September i, 1997. Prior to the
renewal of this Agreement, CITY and CONTRACTOR shall negotiate a
96102 sy~ 0071051
1
CONTRACTOR for its services under the renewed Contract. If no
agreement can be reached on an acceptable escalation factor, the
Contract shall not be renewed.
SECTION 2.
CONTRACTOR
QUALIFICATIONS, STATUS, ....AND DUTIES OF
2.1 CONTRACTOR represents and warrants that it has the
expertise and professional qualifications to furnishor cause to be
furnished the Services. CONTRACTOR further represents and warrants
that the project director and every individual charged with the
performance of the Services under this Contract are duly licensed
or certified by the State of California, to the extent such
licensing or certification is required by law to perform the
Services.
2.2 In reliance on the representation and warranty set
forth in Section 2.1, CITY hires CONTRACTOR to perform, and
CONTRACTOR covenants and agrees that it will furnish or cause to be
furnished, the Services.
2.3 CONTRACTOR will assign IRVING D. AFFELDT as the
project director to have supervisory responsibility for the
performance, progress, and execution of the Services. If
circumstances or conditions subsequent to the execution of this
Contract cause the substitution of the project director for any
reason, the appointment of a substitute project director will be
subject to the prior written approval of the project manager.
2.4 CONTRACTOR represents and warrants that it will:
2.4.1 Procure all permits and licenses, pay all
charges and fees, and give all notices which may be necessary and
incident to the due and lawful prosecution of the Services;
2.4~2 Keep itself fully informed of all existing a~d
future Federal, State of California, and local laws, ordinances,
regulations, orders, and decrees which may affect those engaged or
employed under this Contract, any materials used in CONTRACTOR’s
performance under this Contract, or the performance of the
Services;
2.4.3 At all times observe and comply with, and cause
its employees and contractors (and consultants), if any, who are
assigned to the performance of this Contract to observe and comply
with, the laws, ordinances, regulations, orders and decrees
mentioned above; and
2.4.4 Will report immediately to the project manager,
in writing, any discrepancy, or inconsistency it discovers in the
laws, ordinances, regulations, orders, and decrees mentioned above
in relation to any plans, drawings, specifications or provisions of
this Contract.
96101 syn 0071051
2
2.5 Any reports, information, data or other material
given to, or prepared or assembled by, CONTRACTOR or its
contractors, if any, under this Contract will become the property
of CITY and will not be made available to any individual or
organization by CONTRACTOR or its contractors, if any, without the
~prior written approval of the city manager.
2.6 CONTRACTOR will provide CITY with the number of
copies of each report as specified in Exhibit A, if any, which may
be required under this Contract~ upon completion and acceptance of
each report by CITY. ~
2.7 If CITY requests additional copies of reports,
drawings, specifications or any other material which CONTRACTOR is
required to furnish in limited quantities in the performance of
the Services, CONTRACTOR will provide such additional copies and
CITY will compensate CONTRACTOR for its duplication costs.,
2.8 CONTRACTOR will be responsible for employing or
engaging all persons necessary to perform the Services. All
contractors of CONTRACTOR will be deemed to be directly controlled
and supervised by CONTRACTOR, which will be responsible for their
performance. If any employee or contractor of CONTRACTOR fails or
refuses to carry out the provisions of this Contract or appears to
be incompetent or to act in a disorderly or improper manner, the
employee or contractor will be discharged immediately from further
performance under this Contract on demand of the project manager.
2.9 Unless otherwise indicated, CONTRACTOR shall perform
each task and accomplish each objective described in Exhibit "A".
CONTRACTOR’s Basic Services shall be furnished as described in
Exhibit "A", Section I.
2.10 CONTRACTOR shall perform or obtain any and all of
the following additional .services, not included under Basic
Services, if so authorized in writing by CITY, and shall be paid as
provided in Section 4 of this CONTRACT:
2.10.1 Providing services as an expert witness in
connection with any public hearing, arbitration proceeding, or
proceeding of a court of record.
2.10.2 Incurring travel and subsistence expenses
for CONTRACTOR and his staff beyond those normally required under
Basic Services.
2.10.3 Performing any. other services that may’be
agreed upon by .the parties subsequent to the execution of this
CONTRACT.
2.10.4
Exhibit "A", Section II.
Such additional services as defined in
96102 syn 0071051
SECTION 3.DUTIES OF CITY
3.1 CITY will furnish or cause to be furnished the
specified services set forth in Exhibit "A" and such other
information regarding its requirements as may be reasonably
requested by CONTRACTOR.
3.2 The city manager will represent CITY for all
purposes under this Contract. CHAD CENTOLA is designated as the
project manager for the city manager. The project manager will
supervise the performance, progress, and execution of the Services,
and will be assisted by SEAN KENNEDY, the Project Coordinato.r.
3.3 If CITY observes or otherwise becomes aware of any
default in the performance of CONTRACTOR, CITY will use reasonable
efforts to give written notice thereof to CONTRACTOR in a timely
manner. ’,
SECTION 4 -COMPENSATION
4.1 In consideration of the full performance of the
Services by CONTRACTOR, CITY will pay CONTRACTOR ~a total sum not
to exceed fifty-nine thousand~ nine hundred ninety dollars
($59,990.00) for the first year of the term of this Contract,
payable within thirty (30) days of submission by CONTRACTOR of its
itemized billings, in triplicate, in accordance with the following
fee schedule set forth in Exhibit "B".
SECTION 5. AUDITS
5.1 CONTRACTOR will permit CITY to audit, at any
reasonable time during the term of this Contract and for three (3)
years, thereafter, CONTRACTOR’s records pertaining to matters
covered by this Contract. CONTRACTOR further.agrees to maintain
and retain such records for at least three (3) years after the
expiration or earlier termination of this Contract.
SECTION 6. INDEMNITY
6.1 CONTRACTOR. agrees to ’protect, indemnify, defend andhold harmless CITY, its Council members, officers, employees and
agents from any and all demands, claims, or liability of any
nature, including death or injury to any person, property damage or
any other loss, caused by or arising out of ~CONTRACTOR’s, its
officers’, agents’, subcontractors’ or employees’ negligent acts,
errors, or omissions, or willful misconduct, or conduct for which
applicable law may impose strict liability on CONTRACTOR in the
performance of or failure to perform its obligations under this
Contract.
SECTION 7.WAIVERS
7.1 The waiver by either party of~ any breach or
violation of any covenant, term, condition or provision of this
Contract, or of the provisions of any ordinance or law, will not be
96101 syn 0.071051
4
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 orof any other term, covenant, condition,
provision, ordinance or law. The subsequent acceptance by either
party of any fee or other money, which may become due hereunder will
not be deemed to be a waiver of any preceding breach or violation
by the other party of any term, covenant, condition or provision of
this Contract or of any applicable law or ordinance.
7.2 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 Contract.
SECTION 8.INSURANCE
8.1 CONTRACTOR, at its sole cost and -expense, will
obtain and maintain,.in full force and effect during the term of
this Contract, the insurance coverage described in Exhibit "C",
insuring not only CONTRACTOR and its contractors, if any, but also,
with the exception of workers’ compensation, employer’s liability,
and professional liability insurance, naming CITY as an additional
insured concerning CONTRACTOR’s performance under this Contract.
8.2 All insurance coverage required~hereunder will be
provided through carriers with Best’s Key Rating Guide ratings of
A:X or higher which are admitted to transact insurance business in
the State of California. Any and all contractors of CONTRACTOR
retained to perform Services under this Contract will obtain and
maintain, in full force and effect during the term of this
Contract, identical insurance coverage, naming CITY as an
additional insured under such policies as required above.
8.3 Certificates of such insurance, preferably on the
forms provided by CITY, will be filed with CITY concurrently with
the execution of this Contract. 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 altered by the insurer except after filing with
CITY’s city clerk thirty (30) days’ prior written notice of such
cancellation or alteration, and that the City of Palo Alto is named
as an additional insured except in policies of workers’
compensation, employer’s liability, and professional liability
insurance. Current certificates of such insurance will be kept on
file at all times during the term of this Contract with the city
clerk~
8~4 The procuring of such required policy or policies’of
insurance will not be construed to limit CONTRACTOR’s liability
hereunder nor to fulfill the indemnification provisions of this
Contract. Notwithstanding the policy or policies of insurance,
CONTRACTOR will be obligated for the full and total amount of any
damage, injury, or loss caused by or directly arising as a result
of the Services performed under this Contract, including such
damage, injury, or loss arising after the Contract is terminated or
the term has expired.
96101 syn 0071051
SECTION 9. WORKERS’ COMPENSATION
9.1 CONTRACTOR, by~ executing this Contract, certifies
that it is aware of the provisions of the Labor Code of the State
of California which require every employer to be insured against
liability for workers’ compensation or to undertake self-insurance
in accordance with the provisions of that Code, and certifies that
it will comply with such provisions, as applicable, before
commencing the performance of the Services.
SERVICES
SECTION I0. TERMINATION OR SUSPENSION OF CONTRACT OR
I0.I The city manager may suspend the performance of the
Services, in whole or in part, or terminate this Contract, with or
without cause, by giving thirty (30) days’ prior written notice
thereof, to CONTRACTOR. Upoh receipt of such notice, CONTRACTOR
wil! immediately discontinue its performance of the Services.
10.2 CONTRACTOR may terminate this Contract or suspend
its performance of the Services by giving thirty (30) days’ prior
written notice thereof to CITY, ~but only in the event of a
substantial failure of performance by CITY or in the event CITY
indefinitely withholds or withdraws its request for the initiation
or continuation of the Services to be performed.
10.3 Upon such suspension or termination by CITY,
CONTRACTOR will be paid for the Services actually rendered to CITY
on or before the effective date of suspension or termination;
provided, however, if this Contract is suspended or terminated on
account of a default by CONTRACTOR, CITY will be obligated to
compensate CONTRACTOR only for that portion of the Services which
are of direct and immediate benefit to CITY, as such determination
may be made by the city manager acting in the reasonable exercise
of her discretion.
10.4 Upon such suspension or termination, CONTRACTOR will
deliver to the city manager immediately any and all copies of
studies, sketches, drawings, computations, and other data, whether
or not completed,, prepared by CONTRACTOR or its contractors, if
any, or given to CONTRACTOR or its contractors, if any, in
connection with this Contract. Such materials will become the
property of CITY.
10.5 The failure of CITY to agree with CONTRACTOR’s
independent findings, conclusions, or recommendations, if the same
are called for under this Contract, on the basis of differences in
matters of judgment, will not be construed as a failure on the part
of CONTRACTOR to fulfill its obligations under this Contract.
SECTION II.ASSIGNMENT
11.1 This Contract is for the personal services of
CONTRACTOR, therefore, CONTRACTOR will not assign, transfer,
convey, or othe[wise dispose of this Contract or any right, title
96101 s)~ 0071051
or interest in or to the same or any part thereof without the prior
written consent of CITY. A consent to one assignment will not be
deemed to be a consent to any subsequent assignment. Any
assignment made without the approval of the city manager will be
void and, at the option of the city manager, this Contract may be
terminated. This Contract will not be assignable by operation of
law.
SECTION 12.NOTICES
12.1 All notices hereunder will be given in writing and
mailed, postag.e prepaid, by certified mail, addressed as follows:
To CITY:Office of the City Clerk
City of Palo Alto
Post Office Box 1.0250
Pago Alto, CA 94303
To CONTRACTOR: Attention of the project director
at the address of CONTRACTOR recited above
SECTION 13.CONFLICT OF INTEREST
!3.1 In accepting this Contract, CONTRACTOR covenants
that it presently has no interest, and will not acquire any
interest, direct or indirect, financial or otherwise, which would
conflict in any manner or degree with the performance of the
Services.
13.2 CONTRACTOR further covenants that, in the
performance of this Contract, it will not employ any contractor or
person having such an interest. CONTRACTOR certifies that no
person who has or will have any financial interest under this.
Contract 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.
SECTION 14. NONDISCRIMINATION
14.1 As set forth in the Palo Alto Municipal Code, no
discrimination will be made in the employment of any person under
this Contract because of the age, race, color, national origin,
ancestry, religion, disability, sexual preference or gender of that
person. If the value of this. Contract is, or may be, five thousand
dollars ($5,000) or more, CONTRACTOR agrees to meet all
requirements of the Palo Alto Municipal Code pertaining to
nondiscrimination in employment, including completing the requisite
form furnished by CITY and set forth in Exhibit "D".
96101 s)~ 0071051
7
14.2 CONTRACTOR agrees that each contract for services
with an independent provider will contain a provision substantially
as follows:
"[Name of Provider] will provide CONTRACTOR
with a certificate stating that [Name of
Provider] is currently in compliance with all
Federal and State of California laws covering
nondiscrimination in employment; that [Name of
Provider] will pursue an affirmative course of
action as required by the Affirmative Action
Guidelines of the City of Palo Alto; and that
[Name of Provider] will not discriminate in
the employment~ of any person under this
contract because of the age, race, color,
national origin, ancestry, religion,
disability, sexual preference or gender of
such person. "
14.3If CONTP~ACTOR is found in violation of the
nondiscrimination provisions of the State of California Fair
Employment Practices Ach or similar provisions of Federal law or
executive order in the performance of this Contract, it will be in
default of this Contract. Thereupon, CITY will have the power to
cancel or suspend this Contract, in whole or in part, or to deduct
the sum of twenty-five dollars ($25) for each person for each
calendar day during which such person was subjected to acts of
discrimination, as damages for breach of contract, or both. 0nly
a finding of the State of California Fair Employment Practices
Commission or the equivalent federal agency ~or officer will
constitute evidence of a breach of this Contract.
14.4 If CONTRACTOR is in default of the nondiscrimination
provisions of this Contract or the Affirmative Action Guidelines
pertaining to this Contract, CONTRACTOR will be found in material
breach of this Contract. Thereupon, CITY will have the power to
cancel or suspend this Contract, in whole or in part, or to deduct
from the amount payable to CONTRACTOR the sum of two hundred fifty
dollars ($250) for each calendar day during which CONTRACTOR is not
in compliance with this provision as damages for breach of
contract, or both.
SECTION 15.MISCELLANEOUS PROVISIONS
15.1 CONTRACTOR represents and warrants that it has
knowledge of the requirements of the Americans with Disabilities
Act of 1990, and the Government Code and the Health and Safety Code
of the State of California, relating to access to public buildings
and accommodations for disabled persons, and relating to facilities
for disabled persons. CONTRACTOR will comply with or ensure by its
advice that compliance with such provisions will be effected in the
performance of this Contract.
15.2 This Contract will be governed by the laws of the
State of California, excluding its-conflicts of law.
96101 syn 0071051
15.3 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 or in the United States District Court
for the Northern District of California in the County of Santa
Clara, State of California.
15.4 The prevailing party in any action brought to
enforce the provisions of this Contract may recover its reasonable
costs and attorneys’ fees expended in connection with that action.
15.5 This document represents the entire and integrated
agreement between the parties and supersedes all prior negotia-
tions, representations, and contracts, either written or oral.
This document may be amended only by a written instrument, which is
signed by the parties.
15.6 All provisions of this Contract, whether covenants
or conditions, will be deemed to be both covenants and conditions.
15.7 The covenants, terms, conditions and provisions of
this Contract will apply ~o, and will bind, the heirs, successors,
executors, administrators, assignees, and contractors, as the case
may be, .of the parties.
15.8 If a court of competent jurisdiction finds or rules
that any provision of this Contract or any amendment thereto is
void or unenforceable, the unaffected provisions of this Contract
and any amendments thereto will remain in full force and effect.
15.9 All exhibits referred to in this Contract and any
addenda, appendices, attachments, and schedules which, from time
to time, may be referred to in any duly executed amendment hereto
are by such reference incorporated in this Contract and will be
deemed to be a part of this Contract.
15.10 This Contract may be executed in any number of
counterparts, each of which will be an original, but all of which
together will constitute one and the same instrument.
15.11 This Contract is subject to the fiscal provisions
of the Charter of the City of Palo Alto and the Palo Alto Municipal
Code. This Contract 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 Contract are no longer
available. This Section 15.11 shall take precedence in the event
of a conflict with any other covenant, term, condition, or
provision of Zhis Contract.
96101 syn 0071051
IN WITNESS WHEREOF, the parties hereto have by their duly
authorized representatives executed this Contract on the date first
above written.
ATTEST:
~.Cit~ Clerk
APPROVED AS TO FORM:
Senior Asst. City Attorney
A~ ~t an’t~Cij~]~@nag e r
Risk
CITY OF PALO ALTO
Mayor /
THE
By:
Its:
GRO INC
Taxpayer’s I.D. No.94-3073907
Attachments:
EXHIBIT "A" :
EXHIBIT "B" :
EXHIBIT "C" :
EXHIBIT "D" :
SCOPE OF SERVICES AND TIME SCHEDULE
FEE SCHEDULE
INSURANCE
NONDISCRIMINATION COMPLIANCE FORM
96101 syn 0071051
10
PRA Group
CONSULTING ENGINEERS
ATTACHMENT C
No. GP-106/G193-07
December 3, 1997
City of Palo Alto
Department of Public Works
Operations Division
P.O. Box 10250
Palo Alto, CA 94303
ATTN: Mr. Sean Kennedy
SUBJECT:PROPOSAL FOR RENEWAL OF LANDFILL MONITORING AND CONSULTING
CONTRACT #7090455 ,
Palo Alto Sanitary Landfill, Palo Alto, California
Dear Mr. Kennedy:
The PRA Group (PRAG) is pleased to present this proposal for the renewal of Contract #7090455
for landfill monitoring and consulting services at the above subject site. PRAG understands that
the term of agreement for the contract renewal is twelve months (Oct 97 to Oct 98) and may be
extended for up to one additional twelve-month period. -
Over the past year, we have become familiar with the site and with the various regulatory
documents and permits that govern the monitoring requirements at the site. We feel that our
experience on this project will allow us to better serve your needs in the coming year. The scope
of work proposed for this project (consistent with the scope of work in Palo Alto RFP #90455) is
as follows:
SCOPE OF WORK
Task 1:
Task 2:
Quarterly Groundwater Monitorinq and Semi-Annual Reporting
Perform quarterly sampling and. analysis of thirteen (13) groundwater
monitoring wells in accordance with Order No. 93-113.
Prepare two (2) Semi-Annual Self-Monitoring Reports, including statistical
analysis and calculation of intra-well tolerance limits.
Quarterl¥~ Semi-Annual and Annual Leachate Monitoring
Perform quarterly, semi-annual and annual leachate sampling and analysis
as specified in Discharge Permit #96106.
Prepare four (4) quarterly summary letter reports of monitoring activities
and analytical results.
WASTE MANAGEMENT
The PRA Group, Inc.
ENVIRONMENTAL ,& CIVIL -~. GEOTECHNICAL ,ik
2495 INDUSTF’dAL PARKWAY WEST, HAYWARD, CA 94545
TEL (510) 732-9895 FAX (510) 732-0289
GROUNDWATER 4,GEOLOGY
No. GP-106/G193-07
Page 2
Task 3"Monthly and Quarterly Landfill Gas Monitorinq
2.
3.
4.
Perform quarterly sampling and analysis of landfill gas at four (4) locations.
Perform monthly monitoring of soil gas pressure and methane percent as
volume in four (4) gas monitoring probes.
Perform monthly monitoring of methane percent as volume and percent
LEL in ten (10) structures.
Prepare four (4) quarterly landfill gas monitoring reports.
Task 4:
Task 5:
Storm
1.
Water Monitorinq
Provide all materials necessary for storm water Sarfipling, transmittal of
samples to the lab6ratory, and analysis of samples.
Annual Groundwater Monitorinq
Task 6:
Prepare the Annual Self-Monitoring Report in accordance with Order Nos.
88-038 and 93-113.
Constituents of Concern (CQC) Monitorinq
Conduct sampling and maintain records for ihe COC as specified in the
Semi-Annual SMPIAnnual Summary/COC Report (PRAG, April, 1997).
Additional Services:
1,.Provide on-call consulting services for landfill related work as r~quested.
General Notes
Groundwater, landfill gas and leachate sampling will be performed consistent with the
PRAG Sampling and Analysis Plan (SAP). The samples will be obtained by experienced
staff members of our water quality sampling team. Unless instructed otherwise, PRAG
will discharge all purge water to the surface. Stormwater sampling and reporting is to be
performed by the City of Palo Alto.
PRAG will provide all equipment, incidentals and services necessary for performing
monitoring, sampling, analysis, report preparation and record maintenance as outlined in
the scope of work above. Allsubcontract services provided will be billed on a cost plus
10 percent basis. PRAG will continue to use LEGEND Analytical Services, Inc. Santa
Rosa, California (formerly NET, Inc.) to perform the chemical analysis.
The PRA Group, Inc.
No. GPq 06/G193-07
Page 3
COST ESTIMATE
Task 1"
Task 2:
Quarterly Groundwater Monitorinq and Semi-Annual Reporting
Quarterly, Sampling Cost:
Quarterly Groundwater Analytical Cost:
Semi-Annual Reporting Cost:
ANNUAL COST:
$1,700.00
$: 2,050.00
$ 2,000.00
$19,000.00
Quarterly, ,,Semi-Annual and Annual Leachate Monitorin_q ’
Quarterly Sampling Cost:
Annual Leachate Analytical Cost:
Quarterly Reporting Cost:
ANNUAL COST:
Task 3: Monthly and Quarterly Landfill Gas Monitorinq
Quarterly Sampling Cost:
Monthly Monitoring Cost:
Monthly Meter Rental:
Quarterly Landfill Gas Analytical Cost:
Quarterly Reporting Cost:
ANNUAL COST:
Task 4:Storm Water Monitor|nq
Annual Storm Water Analytical Cost:
Annual Lab Coordination:
ANNUAL COST:
Task 5: Annual Groundwater Monitorinq
Annual Reporting Cost:
ANNUAL COST:
$ 600.00
$ 78o.oo
$ 275.00
$ 4,280.00
$ 430.00
$ 550.00
$ 115.00
$1,320.00
$ 400.00
~16~580.00
$695.00
$220.00
$ 915.00
$1,0o0.00
$1,000.00 ..........
The PRA Group, Inc.
No. GP-106/G193-07
Page 4
Task 6:Constituents of Concern (COC) Monitorinq
COC Analytical Cost:
Annual Reporting Cost:
ANNUAL COST:
Additional Services:
$ 2,285.00
$ 500.00
2,785.00
Any additional services required by the city of Palo Alto shall be subject to further
negotiations between the city and the PRA Group. Services are to be provided in
accordance with our Standard Fee Schedule, with an hourly fee.discount of 10% for
preferred customer status. ¯
Total Cost For All Tasks (Oct 1997 to Oct 1998)$44,560.00
The PRA Group, Inc.
No. GP-106/G193-07
Page 5
LIMITATIONS
This proposal is subject to the following terms and conditions:
EXCLUSION OF WARRANTIES: Our services are to consist of professional opinion only. NO
WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OR
MERCHANTABILITY OR FITNESS FOR THE PURPOSE is made or intended in connection with
our work or by the proposal for consulting or other services or by the furnishing of oral or written
reports or findings. If the owner (client) desires assurances against project failures, the owner
agrees to obtain appropriate insurance through his or her own insurance broker, which insurance
shall include a waiver of subrogation clause as to The PRA Group, Inc.
Arbitration: Any controversy or claim arising out of or relating to this contract, or the breach
thereof, or any controversy or claim arising out of the same transaction, occurrence, or series of
transactions or occurrences, related to the subject of this contract, whether in tort or contract, and
whether in law or equity, shall be settled by arbitration in accordance with the rules of the
American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may
be entered in any court having jurisdiction thereof. The arbitration here provided for shall be
subject to the following limitation of liability clause and the provision limiting the time within which
a claim may be filed hereunder.
Limitation of Liability: The owner (client) agrees to limit the liability of The PRA Group, Inc.
to the owner (client) and all third parties arising from our professional acts, errors, omissions, or
negligence, such that our total aggregate liability to all those named shall not exceed our total fee,
exclusive of subcontractors’ fees, for the services rendered on. this.project, up to a maximum of
$50,000. The limit of our liability can be increased by an amount designated by the owner (client)
on the signatures portion of this document upon payment by the owner (client), as an additional
fee, of 5 percent of the increase in the limit.
Limitation Period: Notice of demand for arbitration must be filed in wdting with the other party
to this agreement and with the American Arbitration Association within 3 years from the date of
completion of our services rendered hereunder; such date of completion of services shall be
established from the date of our final billing to the owner (client).
The PRA Group, Inc.
No. GP-106/G193-07
Page 6
SIGNATUR ES
If this proposal and our limitations meet with your approval, please authorize our work by signing
the attached Standard Form of Agreement. Complete the checked items, and return one copy
to our office. Please contact our office at (510) 732-9895 if you have any questionS. We
appreciate this opportunity to work with you and look forward to serving your consulting needs’
in the year to come.
Sincerely,
THE PRA
Brand .~ld
:aft Geologist
BWB’~GPH43097.PRO
The PRA Group, Inc.
STANDARD FEE SCHEDULF ,¯~ anuary 1 ,through December 31, i)~ :,:
PERSONIVEL HO URLY RATES
Senior Principal .............................................................: .........$130.00
Principal ...............................~ ............................................120.00
Associate Engineer/Geologist ............................................................95.00
Senior Proiect Engineer/Geologist .........................................................90.00
Project Engineer/Geologist ..............................................................85.00
Senior Staff Engineer/GeologiSt ..........................................................80.00
Staff Engineer/Geologist ................................................................75.00
Engineering Assistant ..................................................................65.00
Chief Technician* . ....................................: ...............................70.00
Senior Technician* .....................................................................60.00
Technician* .......................: ..................................................SO.00
Support Technician ..........................................: .........................35.00
Senior Drafter/Designer* ................................................................65.00
Drafter*.............................................................................SS.00
Technical Support/Reproduction* .........................................................45.00
Expert Witness/Legal Services .............................: .............................On Request
Travel Time .........................................................Standard .Hourly Rate (Portal to Portal)
*A 2-hour minimum charge will be made for all field services. Additional time will be charged in 2-hour increments. Time
worked on weekends, holidays, or more than 8 hours per day at the request of the client or the client’s representative will be
invoiced at 1.5 times the hourly rates listed above.
ADDITIONAL OFFICE SERVICES
Computer (CAD, DCA, Engineering Analysis) ...............................................
Reproduction ........................................................................
Plotting Service
Bond ..............................’ .............................................
Vellum ..........................................................................
Mylar ...........................................................................
Blueprint/sepia ...................................................................
Facsimile ....................~. .......................................................
Video Camera ........................................................................
$15.O0/hour
$0.10/pag~
$2.60/sq ft
$2.70/sq R
$5.70/sq R
$030/sq ft
$125/page
$5.00/hour
SPECIAL SERVICES
Materials, Consultants, Outside Laboratory Testing .................................... . ........
Spedal field testing will be invoiced at personnel rotes and c~)st of special equipment plus 15%.
Cost Plus 15%
DRILL~G AND SAMPLING
Soil Drilling and Rock Coring (4 hour minimum) .............................................
~Dfilling and Sampling Supplies, Subcontract Services,.
Outside Equipment Rental ............................................................
On Request
Cost Plus 15%
FIF, LD EQUIPMENT
Nuclear Gauge (Minimum 2-hour increments) ...............................................$5.00/hour
Photoionization Detector (Minimum 2-hour increments) ........................................$5.00/hour
Brass Liners/Caps (Environmental) ........................................................$8.00/each
Open Double-Ring Infiltrometer** ..........................................................$125.00/day
Sealed Double-Ring Infiltrometer** ........................................................$150.00/day
BAT Permeameter .....................................................................$100.00/day
**Excludes installation and monitoring.
VEHICI.,E CHARGES
Vehicle 2x4 (Minimum 2-hour increments) ..................................................$5.O0/hour
Vehicle 4x4 (Minimum 2-hour increments) ............................................." .....$10.O0/hour
Mileage .............................................................................$0.45/mile
Mobile Lab/Sampling Van (with equipment) ................................................$200.O0/day
Page 1’of 3
WATER QUAL17~ SAMPLI~VG ~OUIPMENT /_~
Pre~sur~ Tr~:luc~r and Data Lo~~ .i~~. .................................. ~-~ .i’ ¯ ..............
Additional Trar~duc~r~ .................................................................
Bla~lder Pump with Nitrogen Tank ........................................................
Gas Operated Well Pur~ing Equipment ....................................................
Hand Pump .........................................................................
Well Sounder ........................................................................
Bailer ...............................................................................
pH, Temperature and Conductivity Meter ...................................................
Health and Safety Equipment ............................................................
Special Equipment, including Sampling Containers,
Tubing, Pumps, etc ...................................................................
$150.00/day
ZS.00/day
40.00/day
50.00/day
30.00/day
20.00/day
20.00/day
20.00/day
On Request
Cost Plus 15%
.LABORATORY TESTS
SPECIAL sAMPLE PREPARATION .................................................Standard Personnel Rates
SOIL AND AGGREGATE
Sieve Analysis to No. 200 Sieve .............................................ASTM D 422 100.00
Sieve Analysis, Wash (% Finer Than No. 200 sieve only) ........................ASTM D 1140 50.00
Hydrometer Analysis ....................................................ASTM D 422 ¯100.00
Special Bulk Rate Hydrometer Analysis ......................................A~TM D 422 70.00
Combined Analysis, (Sieve and Hydrometer) ..................................ASTM D 422 165.00
Moisture Determination and Unit Weight ....................................ASTM D 2216 0 30.00
Moisture Content Only ...................................................ASTM D 2216 20.00
Plasticity Index of Soils ................’ ........................~ .........ASTM D 4318 100.00
Liquid Limit ......................; ....................................ASTM D 4318 75.00
Shrinkage Factors ........................................................ASTM D 427 60.00
Organic Content ........................................................ASTM D 2974 50.00
Sand Equivalent ........................................................ASTM D 2419 75.00
Specific Gravity ..........................................................ASTM D 854 65.00
Log Tube Sample .......................................................ASTM D 2488 10.00
Resistivity of Soil (Laboratory Measurement) .~ ................................CAL 532 or 643 80.00
pH (Laboratory Measurement) ........................................................40.00
Soil Soluble Sulphate, Chemical Analysis ................................................80.00
STRENGTH TESTS
Unconfined Compression
(includes Moisture Content and Unit Weight) .................................AS’I’M D 2166
Triaxial Compression Test:
Unconsolidated-U~idrained, Quick Test, .....................................ASTM D 2850
Unconsolidated-Undrained (back pressure saturated) ......................................
Consolidated-Undrained .................................................ASTM D 4767
Consolidated-Drained ..............................................................
Direct Shear Test:
Unconsolida~ed-Undrained, Quick Test ......................................ASTM D 3080
Consolidated-Drained ..............................................................
Consolidated-Drained, Residual ...............- .......................................
Torvane Shear Test ....................................................................
Pocket Penetrometer Test ...............................................................
$75.00
100.00/point
180.00/point
200.00/point
On Request
70.00/point
100.00/point
150.00/point
15.00
10.00
CONSOLIDATION~EXPANS ION TESTS
One Dimension Consolidation
(with 9 load increments and 2 time rates) .....................................ASTM D 2435
Constant Rate of Strain Consolidation with Time Rate ..............................ASTM D 4186
Consolidation Per Load Increment or Per Time Rate ...........................................
Swell or Settlement Potential ... ~ ..............................................ASTM D 4546
Method A, Multi-Load ..............................................................
Method B, Single Load ..............................................................
$580.00/test
450.00/test
70.00
200.00
120.00
Method C, Constant Volume, Sv,-II Pressure ............................, ..............200.00
Percent Free Swell ...............................................................S0.00
Expansion Index ............. .......................................ASTM D 4829/UBC 29-2 120.00
MOISTURE DENSITY RELATION TESTS
Compaction Curves
Standard Method A, Add $25 for Methods ’B, C, & D ............................ASTM D 698 $120.00
Modified Method A, Add $25 for Methods B, C, & D ...........................ASTM D 1557 135.00
Check Point .....................................................ASTM D 698, D 1557 70.00
California Impact ...........................................................CAL 216 160.00
Resistance Value (R-Value) ...................................................ASTM D 2844 180.00
HYDRAULIC CONDUCTIVITY
Rigid Wall Permeability ................................................................$250.00
Triaxial Permeability ........................................................ASTM D S084 380.00
CONCRETE
Concrete Mix Design Review ............................................................$140.00
Laboratory Trial Batch, Including Compression Testing of Six Specimens ...........................380.00
Concrete Cylinder Cured and/or Compression Tested .~ ....................................C 39 20.00
Unit Weight of Concrete Cylinders .................... ................................C 138 35.00
Air Content of Freshly Mixed Concrete ................................................C 23l ° 20.00
Compression Test, Gunite ...............................................................
Cylinder Molds .......................................................................2.00
Moisture Vapor Transmission Test ........................................................48.00
Unit Weight of Lightweight Concrete .................................................C 567 50.00
MAS ONRY
Grout or Mortar Specimen
Cured and/or’Compression Tested .........................C 579, C 1019, C 780, C 942, C 109 $20.00
Compression Test, Masonry Units ............................." .......................C 140 55.00
Absorption and Received Moisture, Masonry Units ......................................C 140 50.00
Grout or Mortar Mold ..................................................................2.00
ASPHALT
Centrifuge Kerosene Equivalent ...................................................CAL-303 $150.00
Extraction, % Bitumen ............................................D 1856, D 2172, or CAL-310 100.00
Fdm Stripping ~CAL,-302 75.00
Unit Weight of Asphalt Core or Compacted Sample .....................................D 2726 40.00
Moisture Content (Xylene Reflux Method) ............................................D 1461 150.00
Maximum Theoretical Specific Gravity (Rice Method) ....................................D 2041 80.00
NOTES
1.Sample pickup and delivery will be charged at a support technician’s hourly rate portal to portal.
2.Rush laboratory tests are subject to a 50 percent surcharge.
3.All samples will be discarded after 30 days unless prior arrangements are made.
4.Contaminated samples will be returned to the client for proper storage or disposal
CONDITIONS
1. All fees and other charges will be billed monthly or upon completion of services, whichever is sooner, arid shall be due at
the time of billing unless otherwise specified in the Proposal, Contract or Agreement.
2.A finance charge of 1-1/2% per month will be applied to any unpaid balance commencing thirty (30) days after the date of
the original billing.
3.Client shall be responsible for any legal or collection expenses necessary to obtain payment for billed services.
4.Charges for work on continuing projects will be based on a new Standard Fee Schedule effective January 1st of each year.
FEESCHED.96 Page 3 of 3
2025 Gateway Place #119
S~n JoSe, CA
ATTACHMENT
55110-COMPANIES AFFORDII~G COVERAGE~408-453 -8222
.....----.--.........-..................................-..........-....-...
~e P~ GroupI ...........................................................................2504 Te~olo ~ ~.~~CHaman, CA ~ ...........................................................................94545 =.~ ~ D
I~~" ~~izi~ ..........................................................................................
A~ ~ =~:~ ~ ~z~:~CCP48~048 04/01/97 04/01/98 ~-=.)/~ ~. (lO’O0
SR~ .....................
~~BILE LZ~~lO00
[~ ~ ~ ................................
[ ~ ~] ~ ~,~C~489048 04/01/97 04/01/~8 ~:~~) ~,.~ ~.$250 D~ C~P.~() ~~;~S500 D~ ~LL.. ................................
I-’-I ..........................................................................I ..............~ .................................
) ~i000~j ~LO~S*L~IN~~I 1000........................................................................... .............. .................................
.5...~~ ..........~z~ ~ o~:~l~,~s/~)~ ~ ’ ~RTIFI~ ~~ ITS
CIT~ OF PALO ALTOATTN: SEAN250 ~AMILTO~ AVE.PALO ~,~4301
REFUSE
POLICY NUMBER:" PER CERT!CATE COMMERCIAL GENERAL, L1ASilLITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY,
ADDITIONAL INSURED -- OWNERS, LESSEES OR
CONTRACTORS (FORM B)
This endorsemer~t modifies insurance Drovlded under the following:
COMMERCIAL GEN£RAL LIABILITY CO.V.ERAGF PAR’{’.
Name of Person or Organization:
SCHEDULE
CITY OF PALO ALTO PER CERTIFICATE
(If no entry appears above, information required to complete this endorsement will be shown in the. Declarations
as applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to inctude as an ;nsured the person or organization shown in tl~e
Schedule, but only with respect to liability arisi~8 out of "your work" for thai: insured by or for you.
CG 2OlO Ii 85 CopyriEht, Insurance _Services Office, Inc., 1984