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HomeMy WebLinkAbout1999-09-27 City CouncilTO: City City of Palo Alto Manager’s Report HONORABLE CITY COUNCIL 3 FROM:CITY MANAGER DEPARTMENT: PUBLIC WORKS DATE:SEPTEMBER 27, 1999 CMR:348:99 SUBJECT:APPROVAL OF CONSULTANT CONTRACT WITH EINARSON, FOWLER & WATSON DBA CONOR PACIFIC/EFW IN THE AMOUNT OF $59,000 FOR LANDFILL ENVIRONMENTAL MONITORING AND CONSULTING SERVICES RECOMMENDATION Staff recommends that Council: o Approve and authorize the Mayor to execute the attached one-year consultant contract with Conor Pacific/EFW in the amount of $59,000, with option for an additional two years, to provide landfill environmental monitoring services. Authorize the City Manager or her designee to negotiate and execute one or more change orders to the consultant contract with Conor Pacific/EFW, the total value of which shall not exceed $6,000 per year. Authorize the City Manager or her designee to exercise the option to renew the consultant contract for the second and third years provided the quality of the consultant’s work is acceptable during the first year of the consultant contract (and/or other conditions which will determine the City’s ~villingness to renew the consultant contract), the consultant is responsive to the City’s needs, and the proposed cost of the renewal consultant contract does not exceed the Consumer Price Index for all urban consumers (San Francisco - Oakland - San Jose, CA). DISCUSSION Pro)ect Description The work to be performed under the contract is routine monitoring, sampling, and laboratory analyses required for the Palo Alto landfill’s environmental control programs. Site permits as well as local, state, and federal regulations require these tasks. Specifically, the tasks include: 1) groundwater monitoring; 2) leachate monitoring; 3) landfill gas monitoring; 4) stormwater monitoring; and 5) monitoring report preparation. CMR:348:99 Page 1 of 3 Selection Process Staff sent a request for proposal (RFP) to 11 pre-qualified consulting firms on July 19, 1999. Firms were given 22 days to respond to the request. A total of 7 firms submitted proposals. Proposals ranged from $41,355 to $174,195 annually. Those firms not responding indicated that they did not submit a proposal because their current workloads would not allow them to take on the services required, and the firms did not feel they could provide competitive pricing due to their geographic distance from the landfill. A selection committee, consisting of three Public Works Operations staff members experienced in landfill environmental monitoring programs, reviewed the proposals and carefully evaluated each firm’s qualifications and submittal in response to the RFP relative to the following criteria: 1) bid price; 2) specialized experience and qualifications in the monitoring and permit compliance of sanitary landfills including groundwater, leachate, and landfill gas system monitoring, analysis, and interpretation; 3) operations plan; 4) other services provided; 5) overall proposal quality and completeness; and 6) verification of client references for experience and performance in similar programs. Conor Pacific/EFW was selected, because it had the lowest price (over three years) and the selection committee ranked them number one overall according to the selection criteria noted above. RESOURCE IMPACT Funding for this contract is available in the FY 1999-00 Refuse Fundbudget. POLICY IMPLICATIONS This project does not represent any change to existing City policies. ENVIRONMENTAL REVIEW This project is exempt for the California Environmental Quality Act (CEQA). ATTACHMENTS Attachment A: Agreement PREPARED BY: Sean Kennedy, Manager, Environmental Control Programs DEPARTMENTHEAD: . _~ 2. ~ GLENN S. ROBERTS Director of Public Works CITY MANAGER APPROVAL: HARRISON Assistant City Manager CMR.a48:99 Page 2 of 2 CONTRACT NO. BETWEEN THE CITY OF PALO ALTO AND EINARSON, FOWLER AND WATSON FOR CONSULTING SERVICES ATTACHMENT A 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 EINARSON, FOWLER AND WATSON, located at 2650 East Bayshore Road, Pa!o Alto, CA 94303; Taxpayer Identification No.: 77-0271139 ("CONSULTANTs"). RECITALS: WHEREAS, CITY desires certain professional consulting services ("Services") and the preparation and delivery of, without limitation, of reports ("Deliverables") (Services and Deli~erables are, collectively, referred to as the "Project" , as mole fully described in Exhibit "A"; and WHEREAS, CITY desires to engage CONSULTANT, including its emp!oyees, if any, in providing the Services by reason of its qualifications and experience in performing the Services, and CONSULTANT has offered to complete the Project 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.! This Contract will commence on October 15, 1999, and will expire on October 14, 2000, unless this Contract is earlier terminated by CITY as provided in Section ii or extended as provided in this Section i. Upon the receipt of CITY’s notice to proceed, CONSULTANT wil! commence work. Time is of the essence of this Contract. The term may be extended for two (2) additional one (I) year terms, subject to: i.i.i City of Palo Alto City Council’s annual approval of each years budget and appropriation of funds for this Contract; 1.1.2 The CONSULTANT’S compliance with the terms of this Contract; 1.1.3 A mutual agreement to continue the Contract with: a. Negotiations beginning 60 days prior to each 12 months’ anniversary date; 990714 10677-00001 !sj 0282415 0 b. A mutual agreement to extend the Contract completed 30 days prior to the renewal period; c. Satisfactory compliance and extension by the CONSULTANT with the established certificates of insurance, licensing, permits, and other requirement of the Scope of Services. CONSULTANT will be required to complete al! Deliverables the closing date for which is prior to the expiration of the Contract or any extension thereof, even though the Deliverab!es are due after the date of expiration. CITY will pay for such Deliverab!es at the rates provided in Exhibit "B" in effect on the date of expiration. SECTION 2.SCOPE OF PROJECT; CHANGES & CORRECTIONS 2.1 The scope of the Project, as described in .Exhibit "A", shall constitute the Basic Services. 2.2 CITY may order substantial changes in the scope or character of the Basic Services, the Deliverables, or the Project, either decreasing or increasing the amount of work required of CONSULTANT. In the event that such changes are ordeqed, subject to the approval of CITY’s City Council, as may be required, CONSULTANT will be entitled to full compensation for all work performed prior to CONSULTANT’s receipt of the notice of change and further will be entitled to an extension of the time schedule. Any increase in compensation for substantia! changes will be determined in accordance with the provisions of this Contract. CITY. will not be liable for the cost or payment of any change in work, unless the amount of additional compensation attributable to the change in work is agreed to, in writing, by CITY before CONSULTANT commences the performance of any such change in work. 2.3 Where the Project entails the drafting and submission of Deliverables, for example, construction plans, drawings, and specifications, any and all errors, omissions, or ambiguities in the Deliverables, which are discovered by CITY before invitations to bid on a construction project (for which the Deliverables are required) are distributed by CITY, will be corrected by CONSULTANT at no cost to CITY, provided CITY gives notice to CONSULTANT. SECTION 3 CONSULTANT QUALIFICATIONS, STATUS, AND DUTIES OF 3.1 CONSULTANT represents and warrants that it has the expertise and professiona! qualifications to furnish or cause to be furnished the Services and De!iverab!es. CONSULTANT further represents and warrants that the project director and every 990714 10677-00001 Isj 0282415 0 -- 2 - individual, including any consultant (including CONSULTANTs), charged with the performance of the Services 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, and that the Project will be executed by them or under their supervision. CONSULTANT will furnish to CITY for approval, prior to execution of this Contract, a list of al! individuals and the names of their employers or principals to be employed as consultants. 3.2 In reliance on the representations and warranties set forth in this Contract, CITY hires CONSULTANT to execute, and CONSULTANT covenants and agrees that it will execute or cause to be executed, the Project. 3.3 CONSULTANT will assign KRIS JOHNSON as the project director to have supervisory responsibility for the performance, progress, and execution of the Project. 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. 3.4 CONSULTANT represents and warrants ~hat it will: 3.4.1 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 Project; 3.4.2 Keep itself fully informed of all existing and future Federa!, State of California, and !ocal laws, ordinances, regulations, orders, and decrees which may affect those engaged or emp!oyed under this Contract and any materials used in CONSULTANT’s performance of the Services; 3.4.3 At all times observe and comply wi:h, and cause its emp!oyees 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 3.4.4 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 the Deliverables. 3.5 Any Deliverab~es given to, or prepared or assembled by, CONSULTANT or its consultants, if any, under this Contract will become the property of CITY and will not be made available to any individua! or organization by CONSULTANT or its 990714 10677-00001 lsj 0282415 0 -- 3 - consultants, if any, without the prior written approva! of the city manager. 3.6 CONSULTANT will provide CITY with one (i) initial copy of each Deliverable and, after CITY has accepted the Deliverable, with the number of final copies s=ecified in Exhibit 3.7 If CITY requests additional copies of any documents which are a part of the Deliverables, CONSULTANT will provide such additional copies and CITY will compensate CONSULTANT for its duplicating costs. 3.8 CONSULTANT will be responsible for employing or engaging all persons necessary to execute =he Project. All consultants of CONSULTANT will be deemed to be ~:rectly controlled and supervised by CONSULTANT, which will be resEonsible for their performance. If any employee or consultant of =©NSULTANT fails or refuses to carry out the provisions of this Con=tact or appears to be incompetent or to act in a disorderly or inproper manner, the employee or consultant will be discharged im~.edlately from further performance under this Contract on demand of =he project manager. 3.9 In the execution of the Prc~ecz, CONSULTANT and its consultants, if any, will at al! =imes be considered independent contractors and not agents or em~--vees of CITY. 3.10 CONSULTANT will perform or ch=ain~or cause to be performed or obtained any and all of the f~iiowing Additional Services, not included under the Basic Services, if so authorized, in writing, by CITY: 3.10.1 Providing services as =.. expert witness in connection with any public hearing or ._:==ing, arbitration proceeding,or proceeding, of a court of record: 3.10.2 Incurring travel and subsistence expenses for CONSULTANT and its staff beyond those normally ~equired under the Basic Services; 3.10.3 Performing any other Addi=icnal Services that may be agreed upon by the parties subsequent __ the execution of this Contract; and 3.10.4 Other Additional Services now or hereafter described in Exhibit "A" to this Contract. 3.11 CONSULTANT will be responsible for employing all consultants deemed necessary to assist ]_n~]SULTANT in the performance of the Services. The appointmen= -= consultants must 990714 10677-00001 Isj 0282415 0 -- 4 - be approved, in advance, by CITY, in writing, and must. remain acceptable to CITY during the term of this Contract. SECTION 4, DUTIES OF CITY 4.1 CITY will furnish or cause to be furnished the services, if any, listed in Exhibit "A" and such information regarding its requirements applicable to the Project as may be reasonably requested by CONSULTANT. 4.2 CITY will review and approve, as necessary, in a timely manner the Deliverables and each phase of work performed by CONSULTANT. CITY’s estimated time of review and approval will be furnished to CONSULTANT at the time of submission of each phase of work. CONSULTANT acknowledges and understands that the interrelated exchange of information among CITY’s various departments makes it extremely difficult for CITY to: firmly establish the time of each review and approval task. , CITY’s failure to review and approve within the estimated time s~hedule will not constitute a default under this Contract. 4.3 The city manager will represent CITY for all purposes under this Contract. SEAN KENNEDY is designated as the project manager for the city manager. The project manager will supervise the performance, progress, and execution of the Project, and will be assisted by non Arp, the project coordinator. 4.4 If CITY observes or otherwise becomes aware of any default in the performance of CONSULTANT, CITY will use reasonable efforts to give written notice thereof to CONSULTANT in a timely manner. SECTION 5.COMPENSATION 5.1 CITY will compensate CONSULTANT for the Basic Services through October 14, 2000, at the prices described in the Fee Schedule attached as Exhibit "B." The rates for any extensions shall be as negotiated by the CITY and CONSULTANT pursuant to Section i. 5.1.1 In consideration of the full performance of the Basic Services, including any authorized reimbursable expenses, CITY will pay CONSULTANT a fee not.to exceed Fifty Thousand Dollars ($50,000) for the first year of the agreement and the maximum amount negotiated pursuant to Section 2 for any yearly extension. The fees of the consultants who have direct contractual relationships with CONSULTANT, wil! be approved in advance, by CITY. CITY reserves the righ< to refuse payment of such fees, if such prior approval is not obtained by CONSULTANT. 990714 10677-00001 Isj 0282415 0 -- 5 - 5.1.2 The amount of compensation for CONSULTANT’s performance of Additional Services shall not exceed Nine Thousand Dollars ($9000) for the first year of the agreement or the amount negotiated pursuant to Section 2 for any yearly extension. The fee for any Additional Services shall be agreed upon at the time the CITY requests the Additional Services. The full payment of charges for extra work or changes, or both, in the execution of the Project will be made, provided such request for payment is initiated by CONSULTANT and authorized, in writing, by the project manager. Payment wil! be made within thirty (30) days of submission by CONSULTANT of a statement, in triplicate, of itemized costs covering such work or changes, or both. Prior to commencing such extra work or changes, or both, the parties will agree upon an estimated maximum cost for such extra work or changes. CONSULTANT will not be paid for extra work or changes, including, without limitation, any design work or change order preparation, which is made necessary on account of CONSULTANT’s errors; omissions, or oversights. ~ 5.1.3 Direct personnel expense of employees assigned to the execution of the Project by CONSULTANT will include only the work of architects, engineers, designers, job captains, draftspersons, specification writers and typists, in consultation, research and design, work in producing drawings, specifications and other documents pertaining to the Project, and in services rendered during construction at the site, to the extent such services are expressly contemplated under this Contract. Included in the cost of direct personnel expense of these employees are salaries and mandatory and customary benefits such as statutory employee benefits, insurance, sick leave, holidays and vacations, pensions and similar benefits. 5.2 The schedule of payments will be made as follows: 5.2.1 Payment of the Basic Services will be made in monthly progress payments in proportion to the quantum of services performed, or in accordance With any other schedule of payment mutually agreed upon by the parties, as set forth in Exhibit "B", or within thirty (30) days of submission, in triplicate, of such requests if a schedule of payment is not specified. Final payment will be made by CITY after CONSULTANT has submitted all Deliverables, including, without limitation, reports which have been approved by the project manager. 5.2.2 Payment of the Additional Services will be made in monthly progress payments for services rendered, within thirty (30) days of submission, in triplicate, of such requests. 990714 10677-00001 isj 0282415 0 - 6 - 5.2..3 No deductions wil! be made from CONSULTANT’s compensation on account of penalties, liquidated damages, or other sums withheld by CITY from payments to general CONSULTANTs. SECTION 6. ACCOUNTING, AUDITS, OWNERSHIP OF RECORDS 6.1 Records of the direct personnel expenses and expenses incurred in connection with the performance of Basic Services and Additional Services pertaining to the Project will be prepared, maintained, and retained by CONSULTANT in accordance with generally accepted accounting principles and will be made available to CITY for auditing purposes at mutually convenient times during the term of this Contract and for three (3) years following the expiration or earlier termination Of this Contract. 6.2 The originals of the Deliverables prepared by or under the direction of CONSULTANT in the performance of this Contract will become the property of CITY irrespective of ~hether the Project is completed upon CITY’s payment of the amounts required to be paid to CONSULTANT. These originals will be delivered to CITY without additional compensation. CITY wil! have the right to utilize any final and incomplete drawings, estimates, specifications, and any other documents prepared hereunder by CONSULTANT, but CONSULTANT disclaims any responsibility or liability for any alterations or modifications of such documents. SECTION 7.INDEMNITY 7.1 CONSULTANT 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 CONSULTANT’s, its officers’, agents’, consultants’ or employees’ negligent acts, errors, or omissions, or willful misconduct, or conduct for which applicable law may impose strict liability on CONSULTANT in the performance of or failure to perform its obligations under this Contract. ~ECT.ION 8.WAIVERS 8.1 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 deemed to be a waiver of any such covenant, term, condition, provision, ordinance, or law or of any subsequent breach or violation of the same or of any other covenant, term, condition, provision, ordinance or law. The subsequent.acceptance by either party of any fee or other money which may become due hereunder wil! 990714 10677-00001 Isj 0282415 0 -- 7 - not be deemed to be a waiver of any preceding breach or violation by the other party of any covenant, term, condition or provision of this Contract or of any appli~cable law or ordinance. 8.2 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. .$ECTI.QN 9 .....INSURANCE 9.1 CONSULTANT, 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 CONSULTANT and its consultants, if any, but also, with the exception of workers’ compensation, employer’s liability and professional liability insurance, naming CITY as an additional insured concerning CONSULTANT’s performance under this Contract. 9.2 All insurance coverage required hereunder:Qill be provided through carriers with Best’$ Key Rating Guide ratings of A:VII or higher which are admitted to transact insurance business in the State of California. Any and all consultants of CONSULTANT 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. 9.3 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 the CITY’s city clerk thirty (30) days’ prior written notice of such cancellation or alteration, and that the City of Pa!o 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. 9.4 The procuring of such required policy or policies of insurance will not be construed to limit CONSULTANT’s liability hereunder nor to fulfill the indemnification provisions of this Contract. Notwithstanding the policy or policies of insurance, CONSULTANT will be obligated for the full and total amount of any damage, injury, .or loss caused by or directly arising as a result of the Services performed under this Contract, including such damage, injury, or loss arising after the Contract is terminated or the term has expired. 990714 10677-00001 lsj 0282415 0 -- 8 -- SECTION i0,WORKERS’ ¢OMPENSATI,ON I0.I CONSULTANT, 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, befzre commencing the performance of the Project. PROJECT SECTION I!.TERMINATION OR SUSPENSION OF CONTRACT OR ii.i The city manager may suspend the execution of :he Project, in whole or in part, or terminate this Contract, with or without cause, by giving thirty (30) days’ prior written notice thereof to CONSULTANT, or immediately after submission to CITY by CONSULTANT of any completed item of Basic Services. Upon ~eceipt of such notice, CONSULTANT will immediately discontinue its performance under this Contract. 11.2 CONSULTANT may terminate this Contract or suspend its execution of the Project 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 Basic Services or the execution of the Projest. 11.3 Upon such suspension or termination by CITY, CONSULTANT wil! be compensated for the Basic Services and Additional Services performed and De!iverables received and approved prior to receipt of written notice from CITY of such suspension or abandonment, together with authorized additiona! and reimbursable expenses then due. If the Project is resumed after it has been suspended for more than 180 days, any change in CONSULTANT’s compensation will be subject to renegotiation and, if necessary, approval of CITY’s City Council. If this Contract is suspended or terminated on account of a default by CONSULTANT, CITY will be obligated to compensate CONSULTANT only for that portion of CONSULTANT’s services which are of direct and immediate benefit to CITY, as such determination may be made by the city manager in :he reasonable exercise of her discretion. 11.4 In the event of termination of this Contract or suspension of work on the Project by CITY where CONSULTANT is not in default, CONSULTANT will receive compensation as follows: 11.4.1 For approved items of services, CONSULTANT will be compensated for each item of service fully performed in :he amounts authorized under this Contract. 990714 10677-00001 isj 0282415 0 - 9 - 11.4.2 For approved items of services on which a notice to proceed is issued by CITY, but which are not fully performed, CONSULTANT will be compensated for each item of service in an amount which bears the same ratic ~o the total fee otherwise payable for the performance of the service as the quantum of service actually rendered bears to the services necessary for the full performance of that item of service. 11.4.3 The total compensazion payable under the preceding paragraphs of this Section wil! not exceed the payment specified under Section 5 for the respes=ive items of service to be furnished by CONSULTANT. 11.5 Upon such suspension =r termination, CONSULTANT will deliver to the city manager immediately any and all copies of the Deliverables, whether or not comp!e=ed, prepared by CONSULTANT or its consultants, if any, or given to CONSULTANT or its consultants, if any, in connection winh this Contract.~ Such materials will become the property of C!TY. ~ 11.6 The failure of CITY :o agree with CONSULTANT’s independent findings, conclusions, or recommendations, if the same are called for under this Contract, on ~he basis of differences in matters of judgment, will not be construed as a failure on the part of CONSULTANT to fulfill its obligations under this Contract. SECTION 12. ..ASSIGNMENT 12.1 This Contract is for the personal services of CONSULTANT; therefore, CONSULTANT will not assign, transfer, convey, or otherwise dispose of this C=nnract or any right, title or interest in or to the same or any par~ thereof without the prior written consent of CITY. A consent to she assignment will not be deemed to be a consent to any subsequent assignment. Any assignment made without the approval cf CITY will be void and, at the option of the city manager, this Czntract may be terminated. This Contract will not be assignable b’; operation of law. SECTION 13.NOTICES 13.1 All notices hereunder will be given, in writing, and mailed, postage prepaid, by cer:ified mail, addressed as follows: To CITY:Office of the City :lerk City of Palo Alto Post Office Box !61~ Palo Alto, CA 943G~ 990714 10677-00001 Isj 0282415 0 -- i0 - To CONSULTANT: Attention of the project director at the address of CONSULTANT recited above .SECTION 14,CONFLICT OF INTEREST 14.1 In accepting this Contract, CONSULTANT covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services. 14.2 CONSULTANT further covenants that, in the performance of this Contract, it will not employ contractors or persons having such an interest mentioned above. CONSULTANT certifies that no one 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 app%icable provisions of the Palo Alto Municipal Code and the Government Code of the State of California. SECTION 15. NONDI$CRIMINATIQN 15.1 As set forth in the Palo Alto Municipal Code, no discrimination will be made in the emp!oyment of persons under this Contract because of the age, race, color, national origin, ancestry, religion, disability, sexual preference or gender of such person. If the value of this Contract is, or may be, Five Thousand Dollars ($5,000) or more, CONSULTANT 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". 15.2 CONSULTANT agrees that each contract for services from independent providers will contain a provision substantially as fol!ows: "[Name of Provider] will provide CONSULTANT 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, sexua! preference or gender of such person." 990714 10677-00001 Isj 0282415 ~-- Ii - 15.3 If CONSULTANT 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 discrimination, as damages for breach 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. 15.4 If CONSULTANT is found in default of the .nondiscrimination provisions of this Contract or the applicable Affirmative Action Guidelines pertaining to this Contract, CONSULTANT wil! 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~ayable to CONSULTANT the sum of Two Hundred Fifty Dollars ($250) for each calendar day during which CONSULTANT is not in compliance with this provision as damages for breach of contract, or both. SECTION 16.MISCELLANEQgS PROVISIONS 16.1 CONSULTANT represents and warrants that it has knowledge of the requirements of the federal 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. CONSULTANT will comply with or ensure by its advice that compliance with such provisions will be effected pursuant to the terms of this Contract. 16.2 Upon the agreement of the parties, any controversy or claim arising out of or relating to this Contract may be settled by arbitration in accordance with the Rules of the American Arbitration Association, and judgment upon the award rendered by the Arbitrators may be entered in any court having jurisdiction thereof. 16.3 This Contract will be governed by the laws of the State of California, excluding its conflicts of law. 16.4 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. 990714 10677-00001 isj 0282415 0 - 12 - 16.5 The prevailing party in any action brought to enforce the terms of this Contract or arising out of this Contract may recover its reasonable Costs and attorneys’ fees expended in connection with that action. 16.6 This document represents the entire and integrated Contract between the parties and supersedes al! prior negotiations, representations, and contracts, either written or oral. This document may be amended only by a written instrument, which is signed by the parties. 16.7 All provisions of this Contract, whether covenants or conditions, will be deemed to be both covenants and conditions. 16.8 The covenants, terms, conditions and provisions of this Contract will apply to, and wil! bind, the heirs, successors, executors, administrators, assignees, and consultants, as the case may be, of the parties. 16.9 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. 16.10 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. 16.11 This Contract may be executed in any number of counterparts, each of which will be an original, but al! of which together will constitute one and the same instrument. 16.12 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 16.12 will take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Contract. 990714 10677-00001 isj 0282415 0 - 13 - IN WITNESS WHEREOF, the parties hereto have hv their duly authorized representatives executed this Contract on the date first above written. ATTEST:CITY OF PALO ALTO City Clerk APPROVED AS TO FORM: City Attorney APPROVED : Assistant City Manager Director of Public Works Director of Administrative Services Mayor EIN~SO.N_~ FOWLER & WATSON, dbaCO ORi AC Name: / Title : Title: Taxpayer’s I.D. No. :7-0271139 (Compliance with Corp. C:de § 313 is required if the entity cn whose behalf this contract is signed is ~ corporation. In the alternative, a certified corporate resolution attesting to the signatory authority of the individuals signing in their respective capacities is acceptable) Risk Manager Attachments :EXHIBIT "A": SCOPE OF SERVICES AND TIME SCHEDULE EXHIBIT "B": FEE SCHEDULE EXHIBIT "C": INSURANCE EXHIBIT "D": NONDISCRIMINATION COMPLIANCE FORM 990714 10677-00001 Isj 0282415 0 -- 14 - CERTIFICATE OF ACKNOWLEDG~4~NT (Civil Code-§ 1189) )ss On~ ~r~ H/{}OOj~<~4Q~I~,.{ ,, before me, the undersigned, a notary public in and for said County, personally appeared personally known to me(~r proved to,,,..me cn ~h~ b~sis of s~tisfaGto_ry evidence) to be the person(s) whose name(s) i__s/are subscribed to he within instrument, and acknowledged to me that he/she/they executed the same in his/h_~r/their authorized capacity(ies), and that by his h!_hg_r/their signature(s) on the instrument the person(s)k or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal:~ Signature o~ l~t~ary Public 990714 10677-00001 isj 0282381 0 - 15 - CERTIFICATE OF ACKNOWLEDGMENT (Civil Code § 1189) STATE OF A ) )ss On ~<~~/~ /~/~ , before me, the undersigned, a notary public in and .for said County, personally appeared ~personally known to me(or proved to me on the basis of satisfactory evidencg) to be the person(s) whose name(s) i__s/are subscribed tore within instrument, and acknowledged to me that h_h_e/she/they executed the same in h~/her/their authorized capacity(ies), and that by his/her/their signature(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 officiaA seal. Si_na Public 990714 10677-00001 Isj 0282381 0 -- 16 - EXI4~IT A - SCOPE OF SERVICES AND TIME SCHEDULE RFP#lI7716 PALO ALTO LANDFILL ENVIRONMENTAL MONITORING AND CONSULTING SERVICES SECTION 1 BASIC SERVICES Task 1 - Semi-Annual Groundwater Monitoring and Reporting Under this task the Contractor shall, in accordance with the Self-Monitoring Program specified in the Regional Water Quality Control Board (RWQCB) Order No. 99-026 (which is incorporated by reference into this contract) and RWQCB Order No. 93-113 (which is incorporated by reference into this contract), Title 27 requirements, and this Scope of Services, provide the services outlined below: Document and perform semi-annual groundwater sampling and analyses; o Document and perform field analyses and measurements; Prepare and maintain all required records and develop and perform all Quality Assurance/Quality Contro! procedures; Prepare the Semi-Annual Self-Monitoring Reports as required by Order No. 99-026. The Semi-Annual Self-Monitoring Reports shall include an evaluation of the results by the statistical method that the Palo Alto has developed for it’s groundwater monitoring program, the intra-well tolerance limit method for each well and each monitoring parameter, to determine ifa release has occurred as required by Order No. 99-026; Conduct an evaluation of the intra-well 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 " Statistical Analysis of Detection Monitoring Data From the Palo Alto Landfill (EMCON Associates, June, 1992)" and the statistical software package called Sanitas version 7.5 developed by Intelligent Decisions Technologies, Ltd (IDT). If there is a change in the intra-well tolerance limit for that particular well and parameter, the tolerance limit shall be updated. 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 99-026, Part A, Section F. 1.f, Part B, Section 1.B). Page 1 of 7 EXHIBIT A - SCOPE OF SERVICES AND, TIME SCHEDULE RFP #! 17716 On-site P-station Monitoring (Order 99-026, Part A, Section F.1 .f, Part B, Section 1.B). Facilities Monitoring 0~art B, Section 1.E). Leaehate elevation level monitoring (Order 99-026, Part A, Section F. 1.e). Aerial Photomap showing limits of fill and observation and monitoring station locations (Order 99-026, part A, Section F. 1.c). Waste Disposal Summary (Order 99-026, Part A, Section F. 1.g, and Part B, Section 1.A). Task 2 - Quarterly Monitoring and Semi-Annual Leachate Reporting Under this task, the Contractor shall in accordance with the Palo Alto Regional Water Quality Control Plant (PARWQCP) Industrial Wastewater Discharge Permit #99106 (which is incorporated by reference into this Contract), and leachate monitoring in accordance with Order No. 99-026 provide the services outlined below: Document and perform quarterly, semi-annual, and annualleachate sampling and analysis as specified in Permit #99106. Document and perform leachate monitoring in accordance with Order No. 99-026, Part B, Section 1.C.iii. Document and perform field analysis and measurements. Develop and perform all Quality Assurance/Quality Control procedures. Prepare and submit semi-annual summary monitoring activities and analytical results for each period. Provide all equipment, labor, tools, materials, incidentals, and services necessary for performing leachate monitoring and sampling and analysis. Collect data, evaluate and prepare a Leachate Monitoring System evaluation (section to be included in the Annual Report). Evaluation shall be based on factors such as leachate flow volumes with comparison to historical flows, leachate monitoring wells, collection sumps, leachate contour maps, leachate sampling analytical data, presence or absence of perimeter seeps and other factors described in Provision C.7., Part A, F.l.e, and F.3.e. Prepare leachate contour map based on City collected data. The City will perform monitoring and record keeping in connection ~vith Task 2 as follows: Continuous pH monitoring. Page 2 ol~ 7 EXHTBIT A -SCOPE OF SERVICES AND TIME SCHEDULE All flow measu’rements for leachate discharge. , Compile the Semi-Annual Periodic Report of Continued Compliance (PRCC). , Weekly leachate elevation readings. Task 3 - Monthly and Quarterly Landfill Gas Monitoring and Reporting 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 S gas monitoring probes located at the PaIo Alto Landfill designated as gas probes t~IG-2A, MG-4, MG-5, MG-6A, and MG-7A 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 five (5) gas monitoring probes located at the Palo Alto Landfill. These prob~ will be installed by July 31, 1999. 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 and three (3) structures at the nearby Water Quality Treatment Plant. 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 repcrts 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 build-up. Provide all equipment, labor, tools, materials, incidentals, and services necessary for performing landfill gas monitoring, sampling, analysis, and report preparation. Task 4- Storm Water Monitorin~ and Reportin~ Under this task, the Contractor shall in accordance with the Santa Clara County NPDES General Storm Water.discharge Permit, Order No. 97-03 (which is incorporated by referenze into this Contract), and the Palo Alto Storm Water Monitoring Program dated October, 19~-7 (which is incorporated by reference into this Contract), provide the services outlined belov< Page 3 of 7 EXHIBIT A - SCOPE OF SERVICES AND TIME SCI-[EDULE Rr--P #I 17716 Document andperform storm water sampling (two qualified storm events) and conduct wet and dry season visual observations, including estimates of flow measurements in accordance with Order No. 9 7-03 and the Storm Water tkfonitoring Program for the Palo Alto Landfill (Attachments 4 and 5). 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 brief Storm Water Discharge Analytical Results Letter Report summarizing and transmitting the results of the storm water monitoring, sampling, and analysis activities performed including Quality Assurance/Quality Control Procedures. Coordinate with the City and laboratory, pay costs for laboratory testing, shippi.ng of sample equipment and all incidentals associated with reporting results. , The City will perform the following on-site inspection ant2 compilation of the final Storm Water Discharge Annual Report in connection with Task 4 as follows: o Storm water annual inspection and certification Compile Storm Water Discharge Monitoring Annual Report (Order 97-03). Task 5 Annual Groundwater IVlonitorin,~ and Reportin~ Under this task, the Contractor shall prepare the Annual Self-Monitoring Report required by Order No. 99-026, Part A.F.3. In addition, under this task, the Contractor shall conduct ~mpling for Constituents of Concern (COC) as required by Orders No. 99-026 and 93-113. The Contractor shall provide all equipment for sampling operations, including compressors and controllers, labor, tools, materials, incidentals and services necessary for performir.g groundwater monitoring, sampling, analysis, statistical analysis, report preparation, and record maintenance. 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. Page 4 of 7 EXHIBIT A - SCOPE OF SERVICES AND TIME SCHEDULE RF’P #I 17716 SECTION III INFORMATION TO BE PROVIDED BY THE CITY The City will provide tothe 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 reporting schedule for the Semi-Annual reports has been changed from April 30 and October 31 (submittals) to January 31 and July 31. Therefore the Contractor shall coordinate with the current City Contractor to gather all of the information necessary in order to compile the appropriate reports. The Contractor shall complete work in accordance with the=schedule set forth below: ’ Task 1 - Groundwater Monitorin~ The Contractor shall submit one (1) final drat~ copy of each Semi-Annual Groundwater Monitoring Keport to the City by the fifteenth (15) day of the month following each six month reporting cycle. In the event that delays by the City in submitting the portions of the report that the City is responsible for preparing ~/V station monitoring, leachate levels, etc.), the submittal date will be adjusted accordingly. The six month reporting cycles are defined as follows: Winter/Spring - January 1 to June 30 Summer/Fall - July 1 to December 31 Due to a submittal schedule change requested by the RWQCB, the first reporting period under this agreement shall cover the period from April 1, 1999 to December 31, 1999. After submitta!, the City will promptly review the report for completeness and accuracy. In the event of errors or omissions, the Contractor shall promptly make the necessary corrections and provide six (6) final 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 Monitorino~ The Contractor shall submit one (1) final draft copy of each Semi-Annual Leachate Monitoring Summary to the City of Palo Alto Public Works Operations Division by the seventh (7) day of the month following each Semi-Annual reporting period. The first Page 5 of 7 EXHIBIT A - SCOPE OF SERVICES AND TIM~ SCI-[EDULE RFP #I 17716 reporting period summary under the agreement shall cover the period from July 1 to December 31, 1999. Sampling quarters are defined as follows 1~t Quarter - January 1 to March 31 2nd Quarter- April 1 to June 30 3rd Quarter- July 1 to September 30 4t~ Quarter - October 1 to December 31 After submittal, the City will promptly review the report for completeness and accuracy. In the event of errors or omissions, the Contractor shall promptly make the necessary corrections and provide two (2) final 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 ofthe month following each semi-annual period. Task 3 - Landfill Gas Monitorino~ The Contractor shall submit one (1) final draft copy of each Landfill Gas Monitoring Report to the City of Palo Alto Public Works Operations Division by the fifteenth (15) day ofthe month following each calendar quarter. Calendar quarters are defined as follows: 1~t Quarter - January 1 to March 31 2na Quarter - April 1 to June 30 3rd Quarter- July 1 to September 30 4t~ Quarter - October 1 to December 31 The first reporting quarter under the agreement shall cover the quarter from October 1, 1999 to December 31, 2000. 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 (6) final 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. Within the length of this contract, additional regulatory changes may occur that would require additional monitoring of landfill gas (e.g. surface sweeps, leak testing). The City may at that time request Contractor to perform the additiona! testing on a negotiated fee basis, and in accordance with Section II Additional Services. Task 4- Storm Water Monitorin~ The Contractor shall submit one (1) copy of each Storm Water Discharge Analytical/observation Results Report to the City of Palo Alto Public Works Operations Division within three weeks after a storm water sampling event has taken place during the Page EXHIBIT A - SCOPE OF SERVICES AND TIME SCHEDULE R.F’P @117716 wet season. In addition, all results shall be submitted with enough lead time to allow the City to review the resulti and submit the report by the July 1 annual date. Task 5 - Annual Groundwater Monitoring The Contractor shall submit one (1) final draft copy of each Groundwater Monitoring Annual Report to the City of Palo Alto Public Works Operations Division by the fifteenth (15) day of December of each year. The first reporting year Shall cover the period of January 1, 1999 through December 31, 1999. The Cohtractor will combine the Annual Report with the 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 (6) final corrected copies of the reports with enough lead time to allow the City to review the corrections and submit the reports by January 31 of each year. The Contractor shall submit as part of the Annual Report six (6) sections of each ’ Constituents of Concern (COC) report. The Contractor shall combine the COC report with the Semi-Annual/Annual Monitoring Report as a single document. The semi-annual, annual, and COC report shall be submitted as one report. Page 7 of 7 EXHIBIT B - FEE SCHEDULE The following fee schedule provides for all compensation to Contractor for performing services itemized in this Request for Proposal. The Contractor’s fees shall include funding for all labor, tools, equipment, laboratory services, reproduction, insurance, overhead, profit, and any other expense necessary for completing each task identified below and detailed in Exhibit A of this contract. Task 1 - Semi-Annual Groundwater Monitoring and Reporting a.Semi-Annual Groundwater Sampling Fee .. b.Semi-Annual Groundwater Analytical Fee c.Semi-Annual Monitoring Report Preparation Fee Unit Cost Annual $1,846 $3,692 $2,387 $4,774 $2,404 $4,808 Task 2 - Quarterly and Semi-Annual Leachate Monitoring; and.Reportlng a.Quarterly Leachate Sampling Fee $ 644 b.Annual Leachate Analytical Fee $ 964 c.Semi-Annual Leachate Monitoring Letter Fee $1,057 $2,576 $ 964 $2,114 Task 3 -Monthly and Quarterly Landfill Gas Monitoring and Reporting a.Quarterly Landfill Gas Sampling Fee $ 134 b.Monthly Landfill Gas Monitoring Fee $ 305 c.Annual Landfill Gas Analytical Fee $6,072 d.Quarterly Landfill Gas Monitoring Report Fee $ 549 .’$ 536 $3,660 $6,072 $2,196 Task 4 -Stormwater Monitorin~ a.Annual Stormwater Analytical Fee (2 events)$ 671 b.Sampling and Observations $ 806 c.Annual Stormwater Results Submittal $ 545 $ $ $ 671 806 545 Task 5 -Annual Groundwater Monitoring a.Annual Groundwater Monitoring Report Fee b.Constituents of Concern Report Preparation c.Constituents of Concern Analytical Fee $1,254 $1,254 $ 716 $ 716 $14,305 $14,305 TOTAL ANNUAL FEE $49,689 Standard Fee Schedule (for on-call services-see attached sheet) Additional Services (Scope of additional se~’ices subject to negotiation and written authorization from City) not to exceed ...... $9,000 PRO O U C ER Marsh Canada Limited 1300 - 510 Burrard St. Vancouver, B.C. CANADA V6C 3J2 Certificate No. 19_.~9 INSURED CONOR PACIFIC/EFW 2650 East Bayshore Road Paid Alto, CA 94303 A F i ibF LIABILITY:INSURANCE ! 08/26/9~. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMA’T’ON ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLC.ER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE 3OVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE Commerce & Industry Insurance Company :: ,SanadaCOMPANYA COMPANY B COMPANY C Commerce & Industry Insurance Company :’ .Canada COMPANY D COVERAGES CO LTR A C D TYPE OF INSURANCE GENERAL LIABILITY ~IERCIAL GENERAL LIABILITY CLAIMS MADE I X IOCCUR R’S & CONTRACTOR’S PROT. AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILITY EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM IWORKERS COMPENSATION AND EMPLOYERS’ LIABILITY THE PROPRIETOR]INCL.PARTNERS/EXECUTIVE OFFICERS ARE:i ~EXDL POUCYNUMBER (Limits shown in this section are in Canadian dollars) GL 152 5530 CA3829816 4784503 POLICY EFFECTIVE DATE (MM/DDfYY) 07/01/99 02J01/99 07/01/99 POLICY EXPIRATION DATE (MMiDD/YY) 07/01100 02/01/00 07/01/00 LIMITS GENERAL AGGREGATE { S i 3:’.~."00.CDN PRODUCTS-COMPiOP AGG l S i :,:’: 000.CDN PERSONAL & ADV INJURY ! $i :,:,: 500.CON EACH OCCURRENCE I S i :O: 500.CON FIRE DAMAGE (Any one fire) ,MED EXP (A~,y ene ~ersc, n}} S 1.000. CON COMBINED SINGLE LliVlIT "" Is BODILY INJURY (Per person) . S 8ODILY INJURY (Per accident) PROPERTY DAMAGE AUTO ONLY - EA ACCIDENT EACH OCCURRENCE AGGREGATE Excess Auto WC STATU-OTH- TORY LIMITS ER EL EACH ACCIDENT "~’L DISEASE - POLICY LIMIT ~’L DISEASE - EA EMPLOYEE ":CO,000. CDN ":¢ 3,000. CDN DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESISPECLAL ITEMS COVERAGE:INSURANCE CO. & POLICY NO.EFFECTIVE DATE:EXPIRY DATE:LIMIT OF LIAB!L!TY PROFESSIONAL LIABILITY Commerce & Industry Ins. Co. COPS 7619666 07/01/1999 07/01/2000 $1,500,000 CDN $1,500,000 CON With respect to Section A, it is understood and agreed that CF Commercial and the City of Palo Alto are added as Additicna! Insure:_= ~._: ::~.-.,’ with respect to the operations of the Named Insured. ICERTIFICATE HOLDER I CANCELLATION City of Paid Alto Attn: Public Works - Ron Arp 250 Hamilton Avenue P.O. Box 10250 PaiD Alto, CA 94303 !ACORD 25-S (1/95) SHOULD ANY OF THE ABOVE DESCRIBED POLIC:EE EE BEFORE THE EXPIRATION DATE THEREOF. THE ~_=.= _ ". 3 : 2’.’PANY ’.’,’ILL ENDEAVOR TO MAIL 30 DAYS WRFI:T, EN NOT:CE . _ -= .ERTIFICATE HOLDERS NAMED TO THE LEFT. BUT FAILURE TO.’.".-. _ ~ .C. NOTICE SHALL IMPOSE NO OBLIGATION OR LI~_RILITY OF ~:,~ K ’.Z ~=ON THE COMPANY. ITS AGENTS OR REPRESEt-~ATIVES A[~TJ4ORIZE’O-REPRE S E N TATtk;~" "X . ~" ",.,J ! ~’~.--’-~-----~A~ COF.=ORATION 1988 MICOR Insurance Brokers, Inc. 2025 Gateway Place #119 San Jose CA 95110 MICOR Insurance Brokers, Inc. P~e No 408-453--8222 F~No. 408--453--8225 INSURED Einarson, Fowler & Attn: Judi 2650 E. Bayshore Palo Alto CA 94303 Watson ONLY AND CCNFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMP~.rYA Hartford Insurance Group COMPANY ~ E C E I Y E rB COMPANYc AUG 2 7 1999 COM;ANY CITY OF PAL0 ALTOPt~UC WORKS-OPEI~TIn~ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO T’E INSURED NAMED ABOVE FOR THE POUCY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTF~CT C~ OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES D£.-’CRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER DATE (MM/CIP_JYY}~-~TE {MM/DDPP0 LIMESLTR ~coME!:~AL L!ABILITY GENERAL AGGREGATE ] $ MERCIAL GENERAL~LIABILITY PRODUCTS - COMP/OP AGG $ CLAIMS MADE L--J OCCUR PERSONAL & ADV INJURY $ ER’S & CONTRACTOR’S PROT’ ’~OWN EACH OCCURRENCE ~.$ FIRE DAMAGE (Any o~e fire) MED EXP (Any one person)$ A I AUTOMOBILE LIABILITY ~ ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS ~RAGE LIABILITY ANY AUTO { EXCESS LIABILITY L~ UMBRELLA FORM t t OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND INCL EMPLOYERS LIABILITY THE PROPRIETOR/ PARTNERS/EXECUTIVE OFFICERS ARE:] ! EXCLOTHER 57WECCZ2839 o3/o1/99 o3/o1/oo COMBfNED S}NGLE LIMIT BODILY INJURY(Per pe~n) BODILY iNJURY,~Pet accident) PROPERTY DAMAGE AUTO ONLY- EA ACCIDENT, OTHER THAN AUTO ONLY: ,, EACH ACCIDENT AGGREGATE EACH OCCURRENCE AGGREGATE WC STATU-x TORY LIMITS I ELEACH ACCIDENT ELDISEASE - POLICY LIMIT ELDISEASE - EA EMPLOYEE DESCRIPTION OF OPERATIONS./LOCATIONS/VEHICLES4SPECIAL ITEMS CERTIFICATE HOLDER City of Palo Alto Attn: Public Works - Ron Arp 250 Hamilton Ave. P.O. Box 10250 Palo Alto, CA 94303 ACORD 25-S (1/95) PALOALT CANCELLATIO!~ SHOUL~ -’:o~" 2: "--E ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIR#- 2.,’; C:-’E T-EREOF. THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 :-~YS ,’,=,.TTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE BUT F~.L ;,.=-,,.E~ .UA:L SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILrTYOR R’ PRESENTAT,VES. MICOR Ins:~nd _e_~mokers, Inc. " ACORD CORPORATION ~’"’~ A ~EECURY CASUALTY CO 408"371-1566 .............................................................................. CO~OR ~F~C E~ ................................................................. P~ ~TO ~ 94303 ............................................... ~S ~S TO CE~ ~X ;~ ~LI~S O~ I~U~CE tl~5~ BELOW ~ B~EN ~UEO TO ~ ~UR~ ~{D ~vE ~OR ~ POtl~IN~=~, NO~THST~01~ ~T REC~REME~. ~ OR ~ND~0N OF ANY C~ OR O~£R O~M~NT ~TH ~SP~ TO ~1~C~IR~ M~Y BE f~ED OR MAY F~N, ~ iNSU~ ~FO~ D ~ ~ POUC(E$ OES~B~D HSR~IN IS SU~ TO ~ THE EX~U~O~ ~D CONOmo~ OF SUCH POLI~E~ X: ~ou=~ u~u~TO FOLLOW 0 8 / 2 9 / 9 9 0 g 12 9 / 0 0 ~ ~,~ SHOULD ~ O~ THE A~ DESCRIBED PO~CI~ B~ CANCELLED B~RE ~I~TION ~T~ THEREOF, THE ISSUING COMPA~ ~LL ~D~vOR TQ LI~LI~ O~ ~Y ~NO UPON THE COMP~, ITS AGENTS 08 A~HO~Z~ R~P~EXTA~IV= PART I11 - CERTIFICATION OF NONDISCRIMINATION FORM 410 Proje~:Landfill Environmental Monitoring and Consulting Services Certification of Nondiscriminationi 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 odgin, ancestry, disability, or sexual preference; that they are in compliance with all Federal, State and local directives and executive orders regarding nondiscrimination in employment. Firm: Conor Title of Officer Signing:Secz-et.az-~, Signature DATE: 8/1,Q,,/99 CITY OF PALO ALTO: CERTIFICATION OF NONDISCRIMINATION F?.FP #11"7716