Loading...
HomeMy WebLinkAbout1996-10-15 City Council (27)TO: City of Pallo 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 REQUEST 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 Staffrecommends 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. 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 SffMMARY 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 advisory 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 Sta~ with the concurrence of the City Attorney, 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 PREPARED BY: Sean Kennedy, Envir_o~71 Specpli~../ DEPARTMENT HEAD REVIEW:/’¢~.3t-..- ,,~!. ~ GLENN S. ROBERTS Director of Public Works CITY MANAGER APPROVAL:B _9 NAR A~sistant Cqty Manager CMR:420:96 Page 2 of 2 CONTRACT NO. BETWEEN THE CITY OF PALO ALTO AND THE PRA GROUP, INC. FOR LANDFILL ENVIRONMENTAL MONITORING AND CONSULTING SERVICES This Contract No.is entered into , by and between the CITY OF PALO ALTO, a chartered city and a municipal corporation of the State of California ("CITY"), and THE PRA GROUP, INC., a California corporation, located at 2495 Industrial 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 consideration 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 defaul~, 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 the 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 Counci! 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 syn 0071051 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 furnish or 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 CONTP~ACTOR 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 and 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 s?’n 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 wil! 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 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 3 _96 ~02 syn 007 ] 051 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 Coordinator. 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 tfmely manner. SECTION 4 COMPENSATION 4.1 In consideration of the full performance of the Services byCONTRACTOR, 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 and hold 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 s.~a 0071051 4 deemed to be a waiver of any other term, provisions, ordinance or law, or of any violation of the same or of any other term, covenant, subsequent covenant, condition, breach or 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 wil! 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 Ratinq Guide ratings of A:X or higher which are admitted to transact insurance business in the State of California. ~Iny and all contractors of CONTRACTOR retained to perform Services under this Contract wil! 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 !0. 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. Upon receipt of such notice, CONTRACTOR will 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 ii.i This Contract is for the personal services of CONTRACTOR, therefore, CONTRACTOR will not assign, transfer, convey, or otherwise dispose of this Contract or any right, title 96101 syn 0071051 or interest in or to the same or any part thereof without the prior written consent of CITY. A consent to one assignment wil! 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, 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 To CONTRACTOR: Attention of the project director at the address of CONTRACTOR recited above SECTION 13. CONFLICT OF INTEREST 13.1 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, co!or, 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 ~’n 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." 14.3 If CONTRACTOR is found in violation of the nondiscrimination provisions of the State of California Fair Employment Practices Act 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 breac~ of contract, or both. Only 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 8 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 to, 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 an~ 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 fisca! 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 this 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:CITY OF PALO ALTO City Clerk APPROVED AS TO FORM: Mayor Senior Asst. City Attorney APPROVED: THE INC Assistant City Manager Director of Public Works By: Its: Taxpayer’s I.D. No.94-3073907 Deputy CityManager, Administrative Services Risk Manager Attachments: EXHIBIT "A" : EXHIBIT "B" : EXHIBIT "C" : EXHIBIT "D" : SCOPE OF SERVICES AND TIME SCHEDULE FEE SCHEDULE INSURANCE NONDISCRIMINATION COMPLIANCE FORM 96101 s}m 0071051 10 CERTIFICATE OF ACKNOWLEDGEMENT (Civil Code ~ 1189) ~ALIFO~TIASTATE OF COUNTY OF ~ )) ss. ) On OCT. 4th ,1996, before me,SANDINUNE, NOTARY~C a Notary Public in and for said County and State, personally appeared IRVING D. AFgm~TIII , personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ~are subscribed to the within instrument and acknowledged to me that ~_~/she/they executed the same in ~her/their authorized capacity(ies), and that by,her/their slg-- nature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public Ii 96101 syn 0071051 EXHIBIT A SCOPE OF SERVICES AND TIME SCHEDULE EXHIBIT A - SCOPE OF SERVICES AND TIME SCHEDULE Page 1 of 7 PALO ALTO LANDFILL ENVIRONMENTAL MONITORING AND CONSULTING SERVICES SECTION 1 BASIC SERVICES Task 1 - Quarterly Groundwater Monitoring and Semi-Annual Reporting Under this task, the Contractor shall, in accordance with the Self-Monitoring Program specified in Regional Water Quality Control Board (RWQCB) Order No. 88-038 (which is incorporated by reference into this contract) and RWQCB Order No. 93-113 (which¯ is incorporated by reference into this contract) and this Scope of Services, provide the services outlined below: Document and perform quarterly groundwater sampling and analysis. Document and perform field analysis and measurements. Prepare and maintain all required records, and develop and perform all Quality Assurance/Quality Control prgcedures. Prepare the Semi-Annual Self-Monitoring Reports as required by Order No. 93- 113, Sections 13(5)(1) and 13(5)(4). The Semi-Annual Self-Monitoring Reports shall include an evaluation of the results by the statistical method that the Palo ¯ Alto has developed for its groundwater monitoring program, the intra-well tolerance limit method for each well and each monitoring parameter, to determine if a release has occurred as required by Order No 93-113. Calculate the intra-well tolerance limits for each monitoring parameter in accordance with the method described in the document entitled A Statistical Analysis of Detection Monitoring Data From the Palo Alto Landfill (EMCON Associates June, 1992) (which is incorporated-by reference into this contract), for two (2) groundwater monitoring wells tocated at the Palo Alto Landfill designated as groundwater monitoring wells G-19 and G-20. Conduct an evaluation of the intra-wdl tolerance limits for each well and each monitoring parameter each year or when the RWQCB requires. The intra-well tolerance limits shall be calculated according to the method described in the A Statistical Analysis of Detection Monitoring Data From the Palo Alto Landfill (EMCON Associates June, 1992) of this Exhibit. If there is a change in the intra-we11 tolerance limit for that particular well and parameter, the tolerance limit shall be updated. EXHIBIT A - SCOPE OF SERVICES AND TIME SCHEDULE Page 2 of 7 Provide all equipment for sampling operations, including compressors and controllers, labor, tools, materials, incidentals and services necessary for performing groundwater monitoring, sampling, analysis, statistical analyses, report preparation, and record maintenance. The City will perform the following on-site observations and provide the information to the Contractor for inclusion in each Semi-Annual Self-Monitoring Report: On-site V-station Monitoring (Order 88-038, Part A, Section F.I.f, Part B, Section 1.B). On-site P-station Monitoring (Order 88-038, Part A, Section F.I.f, Part B, Section 1.B). Leachate elevation level monitoring (order 88-038, Part A, Section F.I.g, and Part B, Section 1.A). Aerial Photomap showing limits of fill and observation and monitoring station locations (Order 88~038, Part A, Section F.I.C). Waste Disposal Summary (Order 88-038, Part A, Section F.I.g, and Part B, Section 1.A). Task 2 - Quarterly, Semi-Annual, Annoal Leachal;e Monitoring Under this task, the Contractor shall, in accordance with the Palo Alto Regional Water Quality Control Plant (PARWQCP) Industrial Wastewater Discharge Permit #96106 (which is incorporated by reference into this contract), provide the services outlined below: Document and perform quarterly, semi-annual, and annual leachate sampling and analysis as specified in Permit #96106. Document and perform field analysis and measurements. ¯Develop and perform all Quality Assurance/Quality Control procedures. Prepare and submit quarterly summary of monitoring activities and analytical results for each quarter. Provide all equipment, labor, tools, materials, incidentals and services necessary for performing leachate monitoring and sampling and analysis. EXHIBIT A - SCOPE OF SERVICES AND TIME SCHEDULE Page 3 of 7 The City will perform monitoring and record keeping in connection with Task 2 as follows: ¯Continuous pH monitoring. Daily flow measuring. Compile the Semi-Annual Periodic Report of Continued Compliance (PRCC). Task 3 - Monthly and Quarterly Landfill Gas Monitoring Under this task, the Contractor shall, in accordance with this Scope of Services, provide the services outlined below. Document and perform quarterly sampling and analysis of landfill gas at the landfill gas flare and three (3) gas monitoring probes located at the Palo Alto Landfill designated as gas probes MW-1, MW-2, and MW-3, for volatile organic compound concentrations using EPA Method TO-14. Document and perform monthly monitoring of soil gas pressure and methane percent by volume in four (4) gas monitoring probes located at the Palo Alto Landfill designated as gas probes MW-1, MW-2, MW-3, and MG-3B. Atmospheric barometric pressure at the time of monitoring shall also be recorded. Document and perform monthly monitoring of methane gas percent by volume concentrations and percent Lower Explosive Limit (LEL) in ten (10) structures located at the Palo Alto Landfill. ¯Document and perform field analysis and measurements. ¯Develop and perform all Quality Assurance/Quality Control procedures. Prepare Quarterly Landfill Gas Monitoring Reports. The Landfill Gas Monitoring reports shall at a minimum, describe each monitoring activity, discuss monitoring results and any recommendations for the design changes or modifications to the monitoring program or any on-site structures to prevent landfill gas buildup. Provide all equipment, labor, tools, materials, incidentals and services necessary for performing landfill gas monitoring, sampling, analysis, and report preparation. EXHIBIT A - SCOPE OF SERVICES AND TIME SCHEDULE Page 4 of 7 Task 4 - Storm Water Monitoring Under this task, the Contractor shall, in accordance with the Santa Clara County NPDES General Storm Water Discharge Permit, Order No.92-016 (which is incorporated by reference into this contract), and the Palo Alto Storm Water Monitoring Program (which is incorporated by reference into this contract), provide the services outlined below: Provide sample containers, sample chain-of-custody forms, sample field data sheets, and coordinate and provide transmittal of storm water samples to the laboratory. ¯Develop and perform all Quality Assurance/Quality Control procedures. Prepare a Storm Water Discharge Analytical Results Report summarizing the results of the storm water monitoring, sampling, and analysis activities performed including Quality Assurance/Quality Control procedures. Provide all equipment, labor, tools, materials, incidentals and services necessary for performing storm water monitoring, sampling, analysis, and summary report preparation. The City will perform the following on-site observations/inspections and compile the Storm Water Discharge Annual Report in connection with Task 4 as follows: ¯Conduct annual storm water sampling. Conduct wet and dry season visual observations, including estimates of flow measurements, and annual inspections and certifications (Order 92-016, Section B, Part 5.a, b, and c). Compile Storm Water Discharge Monitoring Annual Report (Order 92-016, Section B, Part 16). Task 5 - Annual Groundwater Monitorin~ Under this task, the Contractor shall prepare the Annual Self-Monitoring Report required by Order Nos. 88-038 and 93-113, Sections 13(b)(2) and 13(b)(4).The Contractor shall provide incidentals and services necessary for report preparation and record maintenance as required by Order No. 93-113, Section !3(b)(2). Task 6 - Constituents of Concern (COC~ Monitorin~ Under this task, the Contractor shall conduct sampling for Constituents of Concern (COC) as EXHIBIT A - SCOPE OF SERVICES AND TIME SCHEDULE Page 5 of 7 required by Order No. 93-113, Sections 10, 13Co)(3), and 13(b)(4). The Contractor shall provide all equipment for sampling operations, including compressors and controllers, labor, tools, materials, incidentals and services necessary for performing groundwater monitoring, sampling, analysis, statistical analyses, report preparation, and record maintenance. Report content shall at a minimum meet the requirements specified in Order No. 93-113, Section 13(b)(4). SECTION II ADDITIONAL SERVICES The Contractor shall provide on-call consulting assistance for Landfill related operational problems, contingency reporting, regulatory review, acting as a regulatory liaison, and peer review of reports prepared by the City or its consultants performing work at the Landfill. Any additional services required by the City shall be subject to further negotiations between the City and the Contractor and shall require written approval by the City. SECTION HI INFORMATION TO BE PROVIDED BY THE CITY The City will provide to the Contractor copies of all permits and other documents incorporated by reference into this contract and copies of all readily available reports, data, and information in connection with the Contractor’s Scope of Work. Available reports include, but are not limited to, current monitoring program reports, geotechnical investigations, Solid Waste Assessment Test (SWAT) reports, and prior monitoring records. SECTION IV PERFORMANCE SCHEDULE The Contractor shall complete work in accordance with the schedule set forth below: Task 1 - Groundwater Monitorin~ The Contractor shall submit six (6) copies of each Semi-Annual Groundwater Monitoring Report to the City of Palo Alto Public Works Operations Division by the fifteenth (15) day of the month following each six month reporting cycle. In the event of delays by the City in submitting the portions of the report that the City is responsible for repairing (P/V station monitoring, leachate levels, etc.), the submittal date will be adjusted accordingly. The six month reporting cycles are defined as follows: Winter/Spring - October 1 to March 31 Summer/Fall - April 1 to September 30 The first reporting quarter under the agreement shall cover the quarter from October 1, 1996 EXHIBIT A - SCOPE OF SERVICES AND TIME SCHEDULE ......Page 6 of 7 to March 31, 1997. After submittal, the City will promptly review the reports for completeness and accuracy. In the event of errors or omissions, the Contractor shall promptly make the necessary corrections and provide six corrected copies of the reports with enough lead time to allow the City to review the corrections and submit the reports by one month following the end of their respective reporting period. Task 2 - Leachate Monitoring The Contractor shall submit six (6) copies of each Quarterly Leachate Monitoring Summary to the City of Palo Alto Public Works Operations Division by the seventh (7) day of the month following each calendar quarter. The first quarterly summary under the agreement shall cover the quarter from October 1, 1996 to December 31, 1996. Calendar quarters are defined as follows: 1st Quarter - January 1 to March 31 2nd Quarter - April 1 to June 30 3rd Quarter - July 1 to September 30 4th Quarter - October 1 to December 31 After submittal, the City will promptly review the reports for completeness and accuracy. In the event of errors or omissions, the Contractor shall promptly make the necessary corrections and provide six corrected copies of the reports with enough lead time to allow the City to review the corrections and submit the report by the fifteenth day of the month following each calendar quarter. Task 3 - Landfill Gas Monitoring The Contractor shall submit five (5) copies of each Landfill Gas Monitoring Report to the City of Palo Public Works Operations Division by the fifteenth (15) day of the month following each calendar quarter. Calendar quarters are defined as follows: 1 st Quarter - January 1 to March 31 2nd Quarter - April 1 to June 30 3rd Quarter - July 1 to September 30 4th Quarter - October 1 to December 31 The first reporting quarter under the agreement shall cover the quarter from October 1, 1996 to December 31, 1996. EXHIBIT A - SCOPE OF SERVICES AND TIME SCHEDULE Page 7 of 7 After submittal, the City will promptly review the reports for completeness and accuracy. In the event of errors or omissions, the Contractor shall promptly make the necessary corrections and provide six corrected copies of the reports with enough lead time to allow the City to review the corrections and submit the report by the last day of the month following each calendar quarter. Task 4 - Storm Water Monitoring The Contractor shall submit one (1) copy of each Storm Water Discharge Analytical Results Report to the City of Palo Alto Public Works Operations Division within three weeks after storm water sampling event has taken place during the wet season. In addition, all results shall be submitted with enough lead time to allow the City to review the results and submit the report by the July 1 annual report submittal date. Task 5 - Annual Groundwater Monitoring The Contractor shall submit six (6) copies of each Groundwater Monitoring Annual Report to the City of Palo Alto Public Works Operations Division by the fifteenth (15) day of April of each year. The first reporting year shall cover the period of April 1, 1996 through March 31, 1997. The Contractor may combine the Annual Report with t_he Semi-Annual Monitoring Report as a single document. After submittal, the City will promptly review the reports for completeness and accuracy. In the event of errors or omissions, the Contractor shall promptly make the necessary corrections and provide six corrected copies of the reports with enough lead time to allow the City to review the corrections and submit the reports by April 30 of each year. Task 6 - Con_~ituents of Concern (COC) Report The Contractor shall submit six (6) copies of each Constituents of Concern (COC) Report to the City of Palo Alto Public Works Operations Division on a schedule to be determined. The Contractor may combine the COC report with the Semi-Annual Monitoring Report as a single document. EXHIBIT B FEE SCHEDULE EXHIBIT B - FEE SCHEDULE The following fees include all labor, materials, tools, equipment, laboratory services, reproduction and incidentals necessary for completing each task identified below and detailed in Exhibit A of this contract. Task 1 - Quarterly Groundwater Monitoring and Semi-Annual Reporting a.Quarterly Groundwater Sampling Fee b.Quarterly Groundwater Analytical Fee c.Semi-Annual Groundwater Monitoring Report Preparation Fee $ 1,540.00 $ 1,852.50 $ 1,660.00 Task 2 - Quarterly, Semi-Annual and Annual Leachate Monitoring a.Quarterly Leachate Sampling Fee b.Annual Leachate Analytical Fee c.Quarterly Leachate Monitoring Report Preparation Fee $ 550.00 $ 710.00 $ 220.00 Task 3 - Monthly and Quarterly Landfill Gas Monitoring a.Quarterly Landfill Gas Sampling Fee b.Monthly Landfill Gas Monitoring Fee c.Annual Landfill Gas Analytical Fee d.Quarterly Landfill Gas Monitoring Report Preparation Fee $ 385.00 $ 330.00 $ 4,800.00 $ 330.00 Task 4 - Stormwater Monitoring a.Annual Stormwater Analytical Fee b.Annual Stormwater Monitoring Report Preparation Fee $ 630.00 $ 440.00 Task 5 - Annual Groundwater Monitoring a. Annual Groundwater Monitoring Report Preparation Fee $1,000.00 Task 6 - Constituents of Concern Monitoring a.Constituents of Concern Analytical Fee b.Constituents of Concern Report Preparation Fee $ 9,620.00 $1,000.00 SEP !8 ’96 81:34=M COMSULT!MG SERVICES STA_N~I)ARD FEE SCHEDULE January 1 through December 31, ]996 ,=.2 PERSONNEL IlO UR.LY RA, TES Senior Principal .....................................................................$130.00 Principal .......................................................................120.00 A.c,~~ciate Engineer/Geologist ............................................................95.00 Senior Project Engineer/Geoiofcst .........................................................90.0(I Proiect Er%,’Lueer/Geologist ..............................................................85.00 Senior Staff E%,ineer/Geol~,~M ............................" ..............................80.00 S~ff Engineer/Geolo,gi,,t ...............................................................75.00 En~ine~rin~ A.,~sista nt .................................................................. Chief Tc<hnic~an° . ..................................................................70.00 Senior Technician" . ....................................................................~0.00 Technician" . ........................................................................50.00 Support T~chnician ....................................................................35.00 Senior Drabber/Designer ................................................................BS.00 Drafter~ ............................................................................55.00 Technical Supp~,rt/Reproduction~ ........................................................45.00 ~×p~rt Witness/Lea;a] S~rvices ..........................................................On R~quast Travel Time .........................................................5tnndard Hourly Rate (Portal to Portal) "A 2-hour minimum charge: will be mack. for a|l 5e]d .~ervic&~. Additional time wil! be cha~cd in 2-hour increments. Tune worked on weekends, h~’~liday.~, ur more than 8 h~ur~ per day ~t the request ~f the client or the client’s representative will be invoiced at "L5 times the hourly rate.~ listed abuvc. ADDITIONAL OFFICE SERVICES Computer (CAD, [3CA. Engineering Analysis) ............................................. Reprod ucticm ........................................................................ Plottin~ Se~ic~ Vellum ...................................................... " .................... _Myl~ .. ~ ........................................................................ Bluep~t/Sep~ ................................................................... ~ae¢im~le ............................................................................ Vid~ Cam~ ...................................................................... ~PECI-4L SERVICES Materials, Coru~ultant~, Outside Laberatc~ry Testing ............................................. Special field testing will be inw,iced at personnel rates and ¢o.~t of special equipment plus 15% DRILLING AND SAMPLING Soil Drilling and Rock Coring (4 huur mL,’dmum) .............................................. Drilling and Sampling Supplies, Subcontract Services, Outside Equipment Rental ........................................................... Nuclear Gauge (Minimurn 2-hour increments) ..............................¯ . ................ Photoioniz.ation Detector (Minimum 2-hour increment.~) ........................................ Brass Liner:,/C.aps (Environmental) ........................................................ Open Double-Ring infiltrometer"~* ......................................................... Sealed Double-Ring l, rffihrometer*" ........................................................ BAT Permeameter ..................................................................... **Exclud~..~ in..~tattation and monitoring. VEHICLE CH.KRGES Vehicle 2x4 (Minimmn 2-hour increments) .................................................. Vehicle 4x4 (Minimum 2-hour in~r~rnents) .................................................. Mil~ag~ ............................................................................. Mobile Lab/Samplin8 van (with equipm~:~t) ........................................... " ..... $]5.00/hour SOlO/page $2.60/sq ft $2.70/sq ft $5.70/sq ft $0.30/sq ft $1.25/paSe SS.00/hour Cost Plus 15% On Request Co,st Plus 15% $5.00/hour $5.00/hour $8.00/each $125.00/day $1$O.O0/day $100.O0/day $5.00/haur $10.00/hour $0.,’lS/mile $200.00/day Page 1 of 3 WATER ~UA.LITY ~P~G EQUIPME~ Pre~su~ T~n~ducer and ~s ~ger .............................................. Additional Tm ~ucer~ ............................................................. Bladder Pump with Nitrogen Tank ........................................................ Gas Operst~ Well Pur~ng Equipment ................................................. Hand Pump ....................................................................... Well S,~un~er ...................................................................... Ba~ler ............................................................................... pH, Temperature and Co~uct~v~ty Meter .................................................. Health and 5afeD’ ~[pment ........................................................... Sp~l ~quipment, including Sampling Cont~ine~, Tubin~ Pumps, etc ................................................................. $150.00/day 25.00/day 40.00/day 50.00/day 30.00/day 20.00/day 20.00/day 20.00/day On Reque~t Cost Plus 15% I.~KBO RATORY TESTS SPECIAL SAMPLE PREPARATION .................................................Sm.dard Pen~ormel Rat~ SOIL AND AGGREGATE Sieve Analysis to No. 200 Sieve ..........................................ASTM D 422 100.00 Siev~: Amfly.~is, Wash (% Finer Than No. 2(10 sieve only) ........................ASTM D 1140 50.00 Hydrometer Analysis ....................................................ASTM D 422 100.00 Special Bulk Rate Hyd_rometer Analysis ......................................ASTM D 422 70.00 Combined An,-dysis, (Sieve and Hydrometer) ..................................ASTM D 422 165.00 Moisture Determination and Unit Weight ....................................A~TM D 2216 30.00 Moistur~ Content Only ..................................................ASTM D 2216 20.00 Plasticity Ind,× ~,f Soils ..................................................ASTM D 4318 100.00 Liquid Limit ...........................................................ASTM D 4~’18 75.00 Shrinkage Factors ........................................................ASTM D 427 60.00 Org,~ Content ........................................................ASTM D 2974 S0.0O S~nd 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 M_e~,~ur~m~nt) .................................CAL 52,2 or 643 80.00 pH (Laboratory Measurement) .......................................................40.00 Soil Soluble Sulphate, Cl~mical Analy.~is ...............................................80.00 STRENGTH TESTS Unconfined Compression (includes Moisture Content and Unit Weight) ........................." ........ASTM D 2166 Tfiaxial Compre~siun Test: Un,’onsolidated--Undrained, Quick T~st ......................................ASTM D 2850 Unconsolidated-Undrained (back pressure ,~a~rated) ..................................... Con.~olidat~d-Undramed ................................................ASTM D 4767 Consolidated--Drained .............................................................. Direct Shear Test: Unconsolidated--Undrained, Quick Test ......................................ASTM D 3080 Consolidated-Drained .: ............................................................ Co nsolid,’~t~d- Drained, Ra, idual .....................................:. ................ T~rrvane $hear "Test .................................................................... Pocket Pen~trometer Te.~t ............................................................... $75.00 lO0.O0/poLnt 180.O0/point 200.O0/point On Request 70.00/point I00.00/point lS0.00/point 15.00 lO.O0 CONSOLIDATION/EXPANSION TESTS One Dimension Con,~NiSation (with ~4 losd ia~¢rements and 2 ~ime rotes) .....................................ASTM D 2435 Constant Rate uf Strain Consolidation with Time Rate ..............................ASTM D 4]86 Consolidation Per Load increment ,.,r Per Time Rnte ......................................... Swell or Settlement Potential ..................................................ASTM D 4546 M¢.thnd A, Multi-Load ...... . ........................................................ Method B. Single Load .............................................................. FEGSCHED.95 $580.00/test 4~0.00/test 70.00 200.00 120.00 Page 2 of 3 200.00Method C, Constant Vniume, SwdJ Pre,~sure ............................................ Percent Fr~e Swell ....................................................................50.00 Expansion Index ..................................................ASTM D 4829/UBC 2%2 120.00 MOISTURE DENSITY RELATION TESTS Comp~ction Curves Standard M~.~thnd A, Add $25 h~r Methods B, C, ~ D ...........................~TM D 6~ S~20.00 Modified Metho~ ~, Add ~25 Ch~k Pumt .....................................................ASTM D 698, D ~57 70.00 Ca~fornin Impact ........................................................CAL 216 1~.0~ Re.~istance Value ~R-Value) ...................................................~4 D 28~1~.00 HYDRAULIC CONDUCTIVITY Rigid Wall Permeability ................................................................$250.00 Tria.,vgal Permeability ........................................................ASTM D 5084,380.00 CONCRETE Concrete Mix De,4gn Review . ...........................................................$140.00 Laboratt~ry Trial Batch,, Including Compression Testing of S~x Spedmens ...........................380.00 Concrete Cylinder Cured and/or Compres~im~ Tested ....................................C 39 20.00 Umt Weight of Concrete Cylmder~ ................... .................................C 13S 35.00 Air Content of ~r~..’shly Mixed Concrete ................................................C 231 20.00 Compression Test, Gunite ......................................................." ........ Cylinder Molds .......................................................................2.00 Moisture Vapor Transrrfission Test ........................................................48.00 Unit Wei ,g),,t of Lightweight Concrete .................................................C 567 50.00 MASONRY Gn3ut or Mortar Specimen Cured and/or Cr~mpression Tested ........................C ~79, C 1019, C 780, C 942, C 109$20.00 Compression Test, Masonry Units ...................................................C 14{1 55.00 Absorption and Received Moi’~ture, Masonry Unit,~ ......................................C 140 S0.00 Grout or Mortar Mold ..................................................................2.00 ASPI-IALT CentriY’uge Kerosene Equivalent ...................................................CAL,-303 $150.00 Extraction, % Bitumen ............................................D 1856, D 2172, or CAI.,-310 100.00 Film Stripping ..................................................................CAb302 75.00 Urdr Weight of Asphalt C.~re or C_x3mpacted Sample ....................................D 2726 40.00 Moisture Content (Xylene Reflux Method) ............................................D 1461 150.00 Maximum Theoretical Sp~cifid Gravity (Rice Method) ....................................D 2041 80.00 NOTES 1.Sample pickup and delivery will be charged at a support technician’s t~ourly rate portal to porta!. 2.Rush laboratory tests are subject tn a S0 percent surckarge. 3.All samples will be di,~cardc, d after 20 days unless prior ~rrangements are n’~nde. 4.Cont.aminated samples will be returned tu the client for proper storage r,r disposal. CONDITIONS 1. A.1[ fc’~s ,’,txci ot~.xer cb,ar~e.,, will ~ billed =’u~nthly or upon completio, ~,~ ~=rvi~..e.-, wltid~ev~r ia sooner, and shall be due at the time of billing unless otherwise spaeified in the Prupusal, C~.ntraet or Agreement. 2.A finance charge of l-1/2%, per month will be applic, d to, any unpaid balance commencing thirty (30) days after the date of the ongirml billing. 3.Client sl~alJ be responsible for any legal or collection expen,~s neces~ry to obtaL~ payment for billed .~r~iees. 4.Charges fi.~r work on continuing proiects will be based c,r~ a new Standard Fee Schedule effective January 1st of ~ch year Page 3 of 3 EXHIBIT C INSURANCE CERTIFICATES CERTIFICATE OF iNSURA~CE MZCOR INSUR3%NCE BROKERS, INC.THI~ C~TIFICATE IS ~SU~D RXTE.~D OR ALTER THE COV~AG~ APFORD~D BY ........................................................................... P££~OD I~DICATED, NOTW~TMST~ ~ REQU~RRM~h~, T~M OR COh~XTION OF ~ CO~P~ O~ 0TR~ DOC~ WZTH RESPECT TO ’,’~.~C~ THIS CS~T~F~T~ MAY BE ISSUED OR MAY ~KTAIN~ T~H !~S~CE ~FORD~D BY TH~ POLICIS~ D~g~B~D HKRB~N I~ 8%~JECT TC "’".............................................................I .............................~ .................................GE~E~L LXAB~L~TY i ~ ~os~x~ t~000 A’~; ~.M~IAL GBN LI~ILITY CCP407728 05/25/96 05/25/971 ~o~-=o.~/o~ ~. II000 :{ ] S~BDULED A~OS .....................~ ...........A’X~ ~=~=~o~CCP407728 05/25/96 05/25/97 ~o~r~ ~=~i~~ ~o~-o~zo A~7o~$250 DED COMP.(~ ~CC:D~)I~{ ] o~=~o~ ~z~zrY $500 DED COLL .....................I ........... :EXCESS LIABILITY I ~A~ o~ I ~oA~ - ~ ~TAT~ORYAWORKERS’ COMP ~C579681 06/14/96 06/14/97 i000 ~=~ a~ A EMPLOYERS" LIAB INCL~ED I I000 ~-~=~ ~ OTHER SPECIAL 90% C/I i i ! ~B~ ~:~xo~ o~ o~l~o~O~SlV~R~c~.~IS~=z~ ~Ms CERTIFICATE HOLDER ITSOFFICERS, AGENTS & ~PLOYEES ~E ~DED AS ~D~TIONAL INS~ED, BUT ONLY ASTO WORK PERFO~ED ~ER CONTACT, PER FO~ GECG840 ATTACHED.PER FO~~GEC~840 (11/95) ATTAC~D**TEN DAY NOTICE IN THE EV~T OF N0~ PA~ENT OF PREMIX** C~RTIFICAT£ HOLDER ~ ~= =.~==....,>.===..... ==. . .. .= ====:=== ...===.= === ==== ...." " ======== =="’==’==~WCEL~TION .= =..= ==..~. ==**= The PRA Group and PRA GROUP 4OlK RETIREMENT TRUST2495 Industrial Parkway WestEayward, CA94~45 CITY OF PALO ALTOATTN: SEAN KEN~TEDY, REFUSE 250 B3tMILTOIq AV~ £ C £ ~ V 5 OPALO ALTO, CA94301 ACORD 2 -S (3/88) SEP 2, .19% CITY OF PAL0ALT0 PUBLIC W0RKS-0PERATIONS =SHOULD ~_~Y O~ TH~ R30VE DESCRIBED POLICIE~ BE C~.~C£LLED BRFORE TXE ParT,ON DATE THEREOF, TX~ !SSUINO COMR~ WILL ~EAVOR TO MA!L 2025 Gateway Place #fir San Jose, CA95 ii0-COMPPtNIES AFFORDING COVERAGE~08-453- 8222 Sep-26-96 06:33P WESTERN TECHNICAL INSURANCE, INC. Programme Administrator - CSI International Underwriting (Cayman) Ltd. P.O. Box 1392, Grand Cayman, Cayman Islands, British West Indies. Tel: (809 949) 7322 Fax: (809 949) 7891 CERTIFICATE OF INSURANCE DATE:26 September, 1996 This certifies that the insurance policy (described below by a policy number) written on forms in use by the Company has been issued, this certificate is not a policy or a binder of insurance and does not alter, amend or extend the coverage afforded by that policy. NAME AND ADDRESS OF INSURED:The PRA Group,’ Inc. 2495 Industrial Parkway East Hayward, CA 94545 Notwithstanding any requirement, term or condition of any contract or other document wSth respect to which this certificate may be issued or may pertain, the insurance afforded by that policy is subject to all of its terms, exclusions and conditions. TYPE OF INSURANCE: POLICY NUMBER: Professional Liability EFFECTIVE DATE:EXPIRATION DATE: 1058 LIMITS OF LIABILITY: PROJECT DESCRIPTION: 1 October 1995 30 September 1996 Each Claim/Annual Aggregate - US$1,000,000 Landfill Monitoring/Consulting Services for the City of Palo Alto CANCELLATION: If the described policy is cancelled before its expiration date, the Company wil! mail written notice, thirty (30) days in advance, to the certificate holder, but failure to mail such notice will not impose any obligation of any kind upon the Company. CERTIFICATE HOLDER: City of Palo Alto Civic Center, First Floor 250 Hamilton Avenue Palo Alto, CA 94301 United States of America ISSUING COMPANY:- WESTERN TECHNICAL INSURANCE, INC. TITLE: Authorised Si~;natory f_/western:inscen.doc V GOLDEN EAGLE INSURANCE cOMPANY P,O, BOX 85826 - SAN DIEGO, CA. 92186-5826 AUTOMATIC ADDITIONAL INSUREDS - CONSTRUCTION CONTRACTS POlicy No:CCP407728 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, This endnrsement modifies insurance provided under the ’[ollowlng: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Endorsement E*,fective:05125/96 - 97 Named Insured:THE PRA GROUta & 1=iRA GROUP 401K RETIR:LEMENT TRUST This ~ndorsem=nl ch^n.ges Ih~ policy ~ff=cli’,,= on the inception dot= ot’ Ihc policy unless another dot= is indic.’d=d ahoy=. Th~ rullowlng provision is add,a..l. ~o Section I1 (WNO 1S AN INSUREDJ. An), person~’~) or organi~.tlons {’sJ (herein’after c~l!ed "Additional /nsur=d’) wilh whom you a~r~ in a wriHen conlracl to name as ~n Insur~ is ~ [nsur~ hut only wkh r~sp~t to ]i~ilhy arising out of your ongoin~ (~s oppo~ to com- pleted) operations for the Additional lnsur~ on the prqi~t sp~ifi~ in th~ conlract, [ncludin8 acts or o~ssions o1" the Additional Insured in connection with the ~n~ral ~up~ision o£ your ongoing (~ opposed to completed) operations. blo,.uever, the insurance provld~ to the Additional lnsured does not ~pply to: "Property damage" 1) Property owrte.d, use.x] or occupied by or rented to the Additional lnsur~J; 2) Property in the c~re, custody, or control oF the Additlnnal InsurewJ or o\’~r which ~my pu~ose exercising physical control; or "Bodily in.iury." "property damage," or "personal in.iury~ arising out of’ ~.n archhect’L engin~r’s, er surveyor’s ren- derin~ oror Dilute to render any professional so.ices for yoh, for the Additional Insure. or for others, including: i) The preparing, approving, or fMlin8 Io approve maps, drtwin~s, opinions, reports, su~e),s, change orders, 2) Sup~isor)’, in;p~tion, or engin~Hn~ so.ices. .-" These exclusions apply in ~ddition to tho.~e contained in the Commercial General Liability Coverag~ Part. Pr=m{um: Th= premium for this endorsement is’ five percenl ~5%) Of" th~ ;’#mum general li~bilily premium, n’dnimum prem3um of $250.00. The advrmce prom[urn charged at Ihis time is subjecl to th~ audit provis!ons of th~’..policy. EXHIBIT D NON-DISCRIMINATION COMPLIANCE FORM CERTIFICATION of NONDISCRIMINATION SECTION 410 Landfill Environmental Monitoring Certification of Nondiscrimination: As suppliers of goods or services to the City of Palo Alto, the firm and individuals listed below certify that they do not discriminate in employment with regards to age, race, color, religion, sex, national origin, ancestry, disability, or sexual preference; that ,they are in compliance with all Federal, State and local directives and executive orders regarding nondiscrimination in employment; and that they agree to demonstrate positively and aggressively the principle of equal opportunity in employment. The Bidder agrees specifically: 1.0 To establish or observe employment policies which affirmatively promote opportunities for minodty persons at all job levels. 2.0 To communicate this policy to all persons concerned, including all employees, outside recruiting services, especially those serving minority communities, and to the minority communities at large. 3.0 To take affirmative action steps to hire minodty employees within the organization. 4.0 To be knowledgeable of the local, state, and federal laws and regulations concerning affirmative action policies and provide opportunities for employees. Firm" THE PRA OUP, INC.¯~]~ .........DATE; 913196 //Title of Officer ~’~ning: P~N~IPAL-V{~IE P~ESID~ ......... Signature Please in~ude ~ny ~ditional info~atlbn ~g~m~ now in effe~ ~thin your END OF SECTION CFI’Y of PALO ALTO: Non.-d~m~on (6/94)SECTION 410-1