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HomeMy WebLinkAboutStaff Report 258-08TO:HONORABLE CITY COUNCIL FROM:CITY MANAGER DEPARTMENT: UTILITIES DATE:JUNE 16, 2008 CMR: 258:08 SUBJECT:APPROVAL OF A UTILITIES ENTERPRISE FUND CONTRACT WITH ROTO ROOTER SERVICES COMPANY FOR SEWER LATERAL CLEANING SERVICES IN AN AMOUNTNOT TO EXCEED $160,000 AND A TERM OF UP TO THREE YEARS RECOMMENDATION Staff recommends that Council approve and authorize the City Manager or his or her designee to execute the attached contract with Roto Rooter Services Company in an amount not to exceed $160,000 for the first year of Sewer Lateral Cleaning Services. Staff also recommends that Council approve and authorize the City Manager or his or her designee to exercise the option to renew the contract for the second and third years (in an amount not to exceed of $160,000 per year), provided the funds are appropriated in the budget for subsequent fiscal years, the contractor is responsive to the City’s needs, and the quality of the contractor’s work product is acceptable during each year of the contract. DISCUSSION Prqiect Description The work to be performed under this contract is for cleaning sewer laterals when a customer reports a sewer back-up. The Contractor is required to provide a timely response to the City’s requests and to be available to clean the sewer laterals 24-hours a day, 365 days a year on an as- needed basis. This contract will allow the City’s Utilities Wastewater Operations staff to focus on scheduled maintenance and repairs to the 200-miles of collection system mains and will reduce the City’s overtime costs for responding to sewer blockage calls during the holidays. CMR: 258:08 Page 1 of 3 Summary of Bid Process Bid Name/Number Sewer Lateral Cleaning Services/RFQ #126818 Proposed Length of Project 36 months Number of Bids Mailed to Contractors 4 Number of Bids Mailed to Builder’s0 Exchanges Total Days to Respond to Bid 14 Pre-Bid Meeting?yes Number of Bids Received:2* *Bid summary provided in Attachment B. Staff has reviewed the bids submitted and recommends that the bid submitted by Roto Rooter Services Company be accepted and that Roto Rooter Services Company be declared the !owest responsible bidder. Staff confirmed with the Contractor’s State License Board that the contractor has an active license on file. Staff checked references supplied by the contractor for previous work performed and found no significant complaints. RESOURCE IMPACT The first year of funding, $160,000, has been budgeted in FY 08/09. POLICY IMPLICATIONS This recommendation is consistent with the Council approved Utilities Strategic Plan Key Strategy #2, "Invest in utility infrastructure to deliver reliable service." ENVIRONMENTAL REVIEW This project is categorically exempt from California Environmental Quality Act (CEQA) pursuant to CEQA Guideline Sections 15301 (b) repair and maintenance of existing utility facilities and 15302 (c) replacement or reconstruction of existing utility facilities. CMR: 258:08 Page 2 of 3 ATTACHMENTS A:Contract B:Bid Summary C:Insurance Certificate PREPARED BY: DEPARTMENT H~EAD: CITY MANAGER APPROVAL: ~Silvia Santos, Project Engineer, Engineering WGW Frank Alvarado, Supervisor, Operations WGW Javad Ghaffari, Manager, Operations WGW VALERI~ O. F~tG Director of Utilities ~ ~._~ STEVE EMSLIE/KELLY MORARIU Deputy City Managers CMR: 258:08 Page 3 of 3 ATTACHM- City of Palo Alto Contract no. C08126818 GENERAL SERVICES AGREEMENT THIS AGREEMENT made and entered into on the ~ day of .20 ~, by and between the CITY OF PALO ALTO, a California Charter City ("CITY"), and: (Name)Roto Rooter Services Company (Address) 1831 Bavshore Way (City) Burl~game (State) CA (Zip) 94010 (Phone) (650) 259-7650 ("CONTRACTOR"). In consideration of their mutual covenants, the parties hereto a~ee as follows: SERVICES. CONTRACTOR shall provide or furnish the services ("Services") described in the Scope of Services, attached as Ex!-dbit A. EXHIBITS. The following exhibits are attached to and made a part of this Agreement: ~AA" - Scope of Services / Project Schedule ~-~-’/"B" - Compensation ~____~,’C" - Insurance Requirements . ’D" Non-Discrimination Compliance Form CONTRACT IS NOT COMPLETE UNLESS ALL EXHIBITS ARE ATTACHED. TERM. (a) The term of this Agreement is from July 1, 2008 to June 30, 2009. inclusive, subject to the provisions of subsection 3.(b) and Section Q of the General Terms and Conditions. (b) Y----"!Option to extend. CITY has the right to extend the term of this Ageement for two additional one year periods (the "Additional Terms"), based upon the same conditions of the initial term, subject to adjustments for compensation as set forth in Section E of the General Terms and Conditions. CITY shall notify CONTRACTOR in ~vriting of its exercise of its option for an Additional Term not less than thirty (30) days prior to the end of the then current term. CITY’s exercise of its right to extend the term of this Agreement is not a waiver of the "time is of the essence" provision in Section 4. SCHEDULE OF PERFORMAxNCE. CONTR.~.CTOR shall complete the Services within the term of this Agreement in a reasonably prompt and timely manner based upon the circumstances and direction communicated to CONTRACTOR, and if applicable, in accordance with the schedule set forth in the Schedule of Performance, attached as Exhibit A. Time is of the essence in this Agreement. RFQ 126818 1 COMPENSATION. CITY shall pay and CONTRACTOR agees to accept as not to exceed compensation for the full performance of the Services and reimbursable expenses, if any: The total maximum lump sum compensation of (s .); OR dollars ~---The sum of dollars ($..) per hour, not to exceed a total maximum compensation amount of dollars ($); OR A sum calculated in accordance with the fee schedule set forth in Exhibit B,; not to exceed a total maximum compensation amount of One Hundred Sixty Thousand dollars ($160 000). CONTRACTOR agrees that it can perform the Services for an amount not to exceed the total maximum compensation set forth above. Any hours worked or services performed by CONTRACTOR for which payment would result in a total exceeding the maximum amount of compensation set forth above for performance of the Services shall be at no cost to CITY. I- The City has set aside the sum of dollars ($___) for Additional Services. CONTRACTOR shall provide Additional Services only by advanced, written authorization from the City Manager or designee. CONTRACTOR, at the CITY’s request, shall submit a detailed written proposal including a description of the scope of services, schedule, level of effort, and CONTRACTOR’s proposed maximurn compensation, including reimbursable expense, for such services. Compensation shall be based on the hourly rates set forth above or in Exhibit C (whichever is applicable), or if such rates are not applicable, a negotiated lump sum. CITY shall not authorize and CONTP~a.CTOR shall not perform any Additional Services for which payment would exceed the amount set forth above for Additional Services. Pa?~nent for Additional Services is subject to al! requirements and restrictions in this Agreement. INVOICING. Send all invoices to the CITY, Attention: Project Manager. The Project Manager is: Javad Ghaffari Dept.: Utilities Department, Operations Division, Telephone: (650) 496-6932. Invoices shall be submitted in arrears for Services performed. Invoices shall not be submitted more frequently than monthly. Invoices shall provide a detailed statement of Services performed during the invoice period and are subject to verification by CITY. CITY shall pay the undisputed amount of invoices within 30 days of receipt. RFQ 126818 2 GENEP~kL TEP, MS AN~D CONDITIONS A.ACCEPTANCE. CONTRACTOR accepts and agrees to all terms and conditions of this Agreement. This Agreement includes and is limited to the terms and conditions set forth in sections 1 through 6 above, these general terms and conditions and the attached ext’dbits. Co QUALIFICATIONS. CONTRACTOR represents and warrants that it has the expertise and qualifications to complete the services described in Section 1 of this Agreement, entitled "SERVICES," and that every individual charged with the performance of the services under this Agreement has sufficient skill and experience and is duly licensed or certified, to the extent such licensing or certification is required by law, to perform the Services. CITY expressly relies on CONTRACTOR’s representations regarding its skills, knowledge, and certifications. CONTRACTOR shall perform all work in accordance with generally accepted business practices and performance standards of the industry, including all federal, state, and local operation and safety regulations. INDEPENDENT CONTIL’-kCTOR. It is understood and agreed that in the performance of this Agreement, CONTRACTOR and any person employed by CONTtL4.CTOR shall at all times be considered an independent CONTRACTOR and not an agent or employee of CITY. CONTRACTOR shall be responsible for employing or engaging all persons necessary, to complete the work required under this Agreement. SUBCONTRACTORS. CONTRACTOR may not use subcontractors to perform any Services under this Agreement unless CONTRACTOR obtains prior written consent of CITY. CONTtL4CTOR shall be solely responsible for directing the work of approved subcontractors and for any compensation due to subcontractors. COMPENSATION DU1KING ADDITIONA_L TER2~IS. CONTRACTOR’s compensation rates may be adjusted effective on the commencement of each Additional Term. The lump sum compensation amount, hourly rates, or fees, whichever is appIicabIe as set forth in Exhibit "B" attached, may be increased by an amount not to exceed the percentage increase in the Consumer Price Index for Urban Wage Earners and Clerical Workers for the San Francisco-Oakland- San Jose area, published by the United States Department of Labor Statistics (CPI) which is published most immediately preceding the commencement of the applicable Additional Terra, which shall be compared with the CPI published most immediately preceding the commencement date of the then expiring term. Notwithstanding the foregoing, in no event shall CONTRACTOR’s compensation rates be increased by an amount exceeding five percent of the rates effective during the immediately preceding term. Any adjustment to CONTRACTOR’s compensation rates shall be reflected in a ~vritten amendment to this Agreement. F.TAXES AND CHARGES. CONTRACTOR shall be responsible for payment of all taxes, fees, contributions or charges applicable to the conduct of CONTRACTOR’s business. COMPLIAaNCE WITH LA~VS. CONTKACTOR shall in the performance of the Services comply with all applicable federal, state and local laws, ordinances, regulations, and orders DAMAGE TO PUBLIC OR PRIVATE PROPERTY. CONTRACTOR shall, at its sole expense, repair in kind, or as the City Manager or designee shall direct, any damage to public or private property that occurs in connection ~vith CONTRACTOR’s performance of the Services. CITY may decline to approve and may withhold payment in whole or in part to such extent as may be necessary to protect CITY from loss because of defective work not remedied or other damage to the CITY occurring in connection with CONTRACTOR’s performance of the Services. CITY shall submit written documentation in support of such withhoiding upon CONTRACTOR’s request. When the grounds described above are removed, payment shall be made for amounts withheld because of them. RFQ 126818 3 go No WARRANTIES. CONTRACTOR expressly warrants that all services provided under this Ageement shall be performed in a professional and workmanlike manner in accordance with generally accepted business practices and performance standards of the industry and the requirements of this A~eement. CONTRACTOR expressly warrants that all materials, goods and equipment provided by CONTILa.CTOR under this A~eement shall be fit for the particular purpose intended, shall be free from defects, and shall conform to the requirements of this Agreement. CONTRACTOR agrees to promptly replace or correct any material or service not in compliance with these warranties, including incomplete, inaccurate, or defective material or service, at no further cost to CITY. The warranties set forth in this section shall be in effect for a period of one year from completion of the Services and shall survive the completion of the Services or termination of this Agreement. MONITORING OF SERVICES. CITY may monitor the Services performed under this Agreement to determine whether CONTP~4.CTOR’s work is completed in a satisfactory manner and complies with the provisions of this Agreement. CITY’S PROPERTY. Any reports, information, data or other material (including copyright interests) developed, collected, assembled, prepared, or caused to be prepared under this Agreement will become the property of CITY without restriction or limitation upon their use and will not be made available to any individual or organization by CONTRACTOR or its subcontractors, if any, without the prior written approval of the City Manager. AIJI)ITS. CONTRACTOR agrees to permit CITY and its authorized representatives to audit, at any reasonable time during the term of this Agreement and for three (3) years from the date of final payment, CONTRACTOR’s records pertaining to matters covered by this Agreement. CONTRACTOR agrees to maintain accurate books and records in accordance ~vith generally accepted accounting principles for at least three (3) following the terms of this Agreement. NO IMPLIED WAIVER. No payment, partial payment, acceptance, or partial acceptance by CITY shall operate as a waiver on the part of CITY of any of its rights under this Agreement. INSURANCE. CONTRACTOR, at its sole cost, shall purchase and maintain in full force during the terln of this Agreement, the insurance coverage described in Exhibit D. Insurance must be provided by companies with a Best’s Key rating of A-:VII or higher and which are otherwise acceptable to the Ctiy’s Risk Manager. The City’s Risk Manager must approve deductibles and self-insured retentions. In addition, all policies, endorsements, certificates and/or binders are subject to approval by the Risk Manager as to form and content. CONTRACTOR shall obtain a policy endorsement naming the City of Palo Alto as an additional insured under any general liability or automobile policy. CONTRACTOR shall obtain an endorsement stating that the insurance is primary coverage and will not be canceled or materially reduced in coverage or limits until after providing 30 days prior written notice of the cancellation or modification to the City’s Risk Manager. CONTRACTOR shall provide certificates of such policies or other evidence of coverage satisfactory to CITY’s Risk Manager, together with the required endorsements and evidence of payment of premiums, to CITY concurrently with the execution of this Agreement and shall throughout the term of this Agreement provide current certificates evidencing the required insurance coverages and endorsements to the CITY’s Risk Manager. CONTRACTOR shall include all subcontractors as insured under its policies or shall obtain and provide to CITY separate certificates and endorsements for each subcontractor that meet all the requirements of this section. The procuring of such required policies of insurance shall not operate to limit CONTRACTOR’s liability or obligation to indenmify CITY under this Agreement. HOLD HAILMLESS. To the fullest extent permitted by law and without limitation by the provisions of section F. relating to insurance, CONTR~a, CTOR shall indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents from and against any and all demands, claims, injuries, losses, or liabilities of any nature, including death or injury to any person, property damage or any other loss and including without limitation all damages, penalties, RFQ 126818 4 Qo No So fines and judgments, associated investigation and administrative expenses and defense costs, including, but not limited to reasonable attorney’s fees, courts costs and costs of alternative dispute resolution), , arising out of, or resulting in any way from or in connection with the performance of this Agreement. The CONTP, A.CTOR’s obligations under this Section apply regardless of whether or not a liability is caused or contributed to by any negligent (passive or active) act or omission of CITY, except that the CONTRACTOR shall not be obligated to indemnify for liability arising from the sole negligence or willful misconduct of the CITY. The acceptance of the Services by CITY shall not operate as a waiver of the right of indemnification. The provisions of this Section survive the completion of the Services or termination of this Contract. NON-DISCRIMINATION. In the performance of this Contract, CONTRACTOR shall not discriminate against any employee or applicant for employment because of race, skin color, gender, age, religion, disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status, weight or height of such person. CONTRACTOR agrees to meet all requirements of Palo Alto Municipal Code, Chapter 2.30 pertaining to nondiscrimination in employment, including completing the Non-Discrimination Compliance Form, attached hereto as Exhibit D, and incorporated herein by this reference. WORKERS’ COMPENSATION. CONSULTANT, by executing this Agreement, 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 cornnaencing and during the performance of the Services. TERMINATION. The City Manager may terminate this Agreement without cause by giving ten (10) days’ prior written notice thereof to CONrTtLACTOR. If CONTRACTOR fails to perform any of its material obligations under this Agreement, in addition to nil other remedies provided by law, the City Manager may terminate this Agreement immediately upon w-ritten notice of termination. Upon receipt of such notice of termination, CONTRACTOR shall immediately discontinue performance. CITY, CITY shall pay CONTKACTOR for services satisfactorily performed up to the effective date of termination. If the termination if for cause, CITY may deduct from such payment the amount of actual damage, if any, sustained by CITY due to Contractor’s failure to perform its material obligations trader this Agreement. Upon termination, CONTRACTOR shall immediately deliver to the City Manager any and all copies of studies, sketches, drawings, computations, and other material or products, whether or not completed, prepared by CONTP..4.CTOR or given to CONTRACTOR, in connection with this Agreement. Such materials shall become the property of CITY. ASSIGNMENTS/CHA2qGES. This Agreement binds the parties and their successors and assigns to al! covenants of this Agreement. This Agreement shall not be assigned or transferred without the prior written consent of the CITY. No amendments, changes or variations of any kind are authorized without the written consent of the CITY. CONFLICT OF INTEREST. In accepting this Ageement, 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 this Contract. CONTRACTOR further covenants that, in the performance of this Contract, it will not employ any person having such an interest. CONTRACTOR certifies that no City Officer, employee, or authorized representative has any financial interest in the business of CONTRACTOR and that no person associated with contractor has any interest, direct or indirect, which could conflict with the faithful performance of this Contract. CONTtCa.CTOR agrees to advise CITY if any conflict arises. GOVERaNING LAW. This contract shall be governed and interpreted by the laws of the state of California. RFQ 126818 5 go go ENTIRE AGREEMENT. This Ageement, including all exhibits, represents the entire a~eement between the parties with respect to the services that may be the subject of this Agreement. Any variance in the exh.ibits does not affect the validity of the A~eement and the Agreement itself controls over any conflicting provisions in the e,x)fibits. This A~eement supersedes all prior a~eements, representations, statements, negotiations and undertakings whether oral or written. NON-APPROPRIATION. This Ageement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code. This Ageement 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 shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Contract. THIS AGREEMENT SHALL BECOME EFFECTIVE UPON ITS APPROVAL AND EXECUTION BY CITY. IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED THIS AGREEMENT THE DAY, MONTH, AND YEAR FIRST WRITTEN ABOVE. CITY OF PALO ALTO Assistant City Manager A_PPROVED AS TO FOPaM: Senior Asst. City Attorney APPROVED: Title: o,,~.~,.., /,. e,,(/ Taxpayer Identification No. Director of Administrative Services RFQ 126818 6 Scope of Services Scope of Services Sewer Lateral Cleaning Services Exhibit A The City is responsible for the sewer lateral from the City’s clean-out (usually located in the planting strip or behind the sidewalk near the property line) to the sewer main. The section of the lateral between the City’s clean-out and the dwelling remains the responsibility of the customer. The Contractor shall clean the sewage backup in response to authorized service calls within a required response time. The required response time shall be under 30 minutes, and less in those cases where flooding is occurring in a dwelling. The contractor shall have sufficient personnel, equipment, and resources to respond within this time requirement. The Contractor shall provide a single point of contact to the City. City’s Dispatcher will contact the Contractor when a customer reports a sewer backup problem. The Contractor shall arrive at the subject location within 30 minutes from the Dispatcher’s call and report the arrival time to the Dispatcher. If the sewer overflow is in danger of entering the storm drains or waterways, the Contractor shall immediately block the storm drains or waterways with sandbags (or City approved equivalent). The Contractor shall notify the City’s Communications Dispatch at (650) 329-2413 in the event the sewage has entered City storm drains or waterways. Communications Dispatch will inform Utilities Operations or its standby personnel to clean up the storm drain or waterway. The Contractor shall make initial contact with the reporting party (property owner or building occupant) to inform them of the work to be performed on the City portion of the lateral. The Contractor shall locate the City’s clean-out. If the clean-out is found, the Contractor shall clean the sewer lateral from the City’s clean-out to the sewer main. If the clean-out is not found, the Contractor shall contact the City’s Communications Dispatch to obtain the assistance from Utilities Operations to locate the clean-out. If the clean-out does not exist, the Contractor shall obtain the property occupant’s permission to clean the sewer lateral from the customer’s property. If the blockage is in the City portion of the lateral, the Contractor shall unplug the blockage by using appropriate equipment such as a mechanical rod or a cutter blade to completely remove any debris or roots in the lateral. The Contractor must provide an electrical generator for use by their personnel to power up any tools or equipment that is required to perform the job. CITY OF PALO ALTO C08126818 Page 1 of 3 Scope of Services Exhibit A The subject lateral shall be free of blockage for at least one year from the date it was cleaned. If the lateral is found collapsed or has any structural damage, the Contractor shall notify the Dispatcher at (650) 329-2413 immediately. Prior to leaving each job location, the Contractor shall clean up the worksite by removing any non-soluble debris and flushing soluble debris back into the sewer lines (through the clean-out). Contractor shall not permit standing pools of liquid or debris to be left in the streets, gutters, sidewalks, planting strips, or around the cleanout. All waste materials must be removed from the site for proper disposal. Contractor shall not use any bleach or deodorizer near any storm catch basin or inlet. Any damage, caused by the Contractor, to the public or private properties shall be restored to pre-job conditions at no cost to the City. The Contractor shall fill out a "Sewer Lateral/Mainline Stoppage Report" using the City-provided form (attached at the end of this section) each time they report to the job location. These reports shall be submitted by mail to the Project Manager on a weekly basis. Training on filling out this report will be provided at the pre-construction meeting. All operators shall be trained prior to reporting to the job sites. Upon completion of each job, Contractor shall obtain the customer’s signature to acknowledge the work being done on his/her property. Contractor shall also call the City’s Communications Dispatch and notify them that the work has been completed. At all times, during and up to the completion of the work, Contractor must secure the job site, by using barricades, lights, safety cones, or warning signs to prevent injury. The Contractor shall remove all safety signs, sand bags, tools, or equipment from the public right-of- way upon completion of the work. The job site must be returned to a safe condition. The Utility WGW Operations team shall remain the sole responsible entity to work on the sewer mains. The Contractor shall not perform any work on any sewer main in the City of Palo Alto. If the Contractor becomes aware of any back-up in the sewer main, the City Dispatch Center shall be notified immediately. Records indicate that approximately one-third of sewer back-ups occur on the customer’s side of the lateral. Therefore, one third of the responses to the sewer back up calls may result in the processing of two separate transactions: one for the City’s lateral and one for the customer’s lateral. Under this Contract, the Contractor is not precluded from doing work for the customer. However, any work performed for the customer requires the customer’s written authorization. (Note: The Contractor will be required to certify that such an agreement is in place, and shall cross reference the City’s CITY OF PALO ALTO C08126818 Page 2 o~3 Scope of Services Exhibit A invoices and the customer’s invoices.) It is the Contractor’s responsibility to explain to the customer that he/she will be responsible for paying the bill for the customer side of the sewer lateral, unless the City clean-out does not exist. ¯Contractor personnel shall be clearly identified (by uniform and by virtue of utilizing clearly marked vehicles) when responding to City-dispatched calls. °The Utility Department may periodically conduct customer satisfaction surveys to verify the quality of the work that is done under this contract. Any work outside of the ’scope of the work’ as specified in this contract requires written authorization from the City. In the event of such work, the invoice(s) must identify the name of the City employee giving such authorization. Contractor shall submit a single invoice for the Work in place and complete as of the 25th day of the preceding month. Each invoice shall identify the date and the house address for each sewer lateral serviced. Progress payments will not be processed unless all reports are received by the Project Manager. Warranty Contractor shall warrantee their work for one year for each service call. If the sewer backup re-occurs within one year from the date the lateral was cleaned by the Contractor, the Contractor shall re-clean the lateral per Contract at no cost to the City. Pricing The unit price for each Bid Item in Bidder’s Bid Pages shall include all work necessary to thoroughly clean the sewer laterals per specified scope of services. Measurement for payment will be made for each sewer lateral cleaned. The price will be full compensation for the work, inclusive of materials, labor, equipment, transportation, travel time to and from Palo Alto, traffic control if applicable, removal and disposal of all materials of whatever nature encountered, attending pre-construction meeting, training staff on Contract requirements, preparation of field reports, invoicing, and any other miscellaneous and associated costs. No additional compensation will be made for variations in depth or length of sewers. Project Schedule: Contract shall respond to the City’s requests on an as-needed basis to clean the sewer laterals 24-hours a day and 365 days a year within 30 minutes. CITY OF PALO ALTO C08126818 Page 3 of 3 ~ wiwlwlw! PRODUCER MARSH USA INC. 525 VINE STREET, SUITE 1600 CINCINNATI, OH 45202 004G S-RRSC-GAUWP-08i09 00193 INSURED ROTO ROOTER SERVICES COMPANY 1831 OLD BAYSHORE ROAD BURLINGAME, CA 94010 CERTiFICATE OF INSURANCE CE.T,FICATE .CLE-001219550-5~ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE POUCY. THIS CERTIF]CATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES DESCRIBED HEREIN. COMPANIES AFFORDING COVERAGE COMPANY A ZURICH AMERICAN INSURANCE COMPANY COMP,~,NY B AMERICAN ZURICH INSURANCE COMPANY COMPANY C NIA COMPANY D N/A c~)Y~RAGE§:: £ertif]ca[e ~Pp~d&S and r#p_ ac:~ any p~:~vi6]~sl# issued -certificate for the pol!cy period n.oled be 0w:...-:i .:,.. L9..i .:’: THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAy BE ~SSUED OR ,MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. col TYPE OF INSURANCELTR i A i GENERAL L!ABIUTY ~COMMERCIAL GENERAL LIABILITY ~-’----I CLAIMS MADE ~ OCCUR OWNER’S & CONTRACTOR’S PROT A AUTOMOBILE LIABILITY" A X ANY AUTO I ALL OWNED AUTOS __ SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS tGARAGE UABlUTY L_E~X CESS UABIUTY I ] UMBRELUkFORM i | OTHER THAN UMBRELLA FORM 8 THE PROPRIETOR] PARTNERS/EXECUTIVE OFFICERS ARE: OTHER POLICY NUMBER GLO 9379368-04 BAP 9379363-04 (ADS) BAP 9379482-04 (HI) POUCY EFFECTIVE DATE {MMIDDHY) 04/01/08 04/01/08 04/01/08 POUCY EXPIRATION DATE (MMID D/YY) 04/01/09 04/01/09 04101 I09 LIMITS t GENERAL AGGREGATE $5,000,000 PRODUCTS- COMPIOP AGG{ $4,000,000 PERSONAL & ADV INJURY $2,000,000 EACH OCCURRENCE $2,000,000 FIRE DAMAGE (Any one fire) ! $ 500,000 MED EXP (Any one 0erson)I $5,000 j COMBINED SIiN GLE LIMIT $3,ooo,ooo/ BODILY INJURY I $/ AUTO ONLY - EA ACCIDENT ! $ I OTHER THAN AUTO ONLY:[,~:: : EACH ACCIDENT I AGGREGATE I $ 8 WORKERS COt~,IPENSATION AND ~%/C 9379366-04 (ADS)EMPLOYERS" LIABILITY A WC 5919232-02 (HI)~_~ INC~ :WC 9379367-04 (STOP GAP)EXCL 04t01t08 04101/08 04/01/08 04/01/09 04/01109 04101/09 i EACH OCCURRENCEIAGGREGATE $ i’X J wc STATU- OTH~ : TORY LIMITS I I ER i [EL EACH ACCIDENT ~; $1,000,000 LE.L DISEASE-POLICY LIN IT i $1 000 000 f EL DISEASE-EACH EMPLOYEEi $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESISPECIAL ITEMS THE CITY OF PALO ALTO, ITS OFFICERS, OFFICIALS, EMPLOYEES, AGENTS AND VOLUNTEERS ARE NAMED AS ADDITIONAL INSUREDS. PER ENDORSEMENT NO. CG 2010 COVERAGE IS PRIMARY AND NON-CONTRIBUTORY. CERTIFICATE HOLDER " CITY OF PALO ALTO PUBLIC WORKS ENGINEERING 250 HAMILTON AVENUE PALO ALTO, CA 94301 CANCELLATION SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CA,NCELL~D BEFORE THE ~×PIRATION DATE THEREOF. THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED HEREIN. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE. ITS AGENTS OR ~.EFRESENTATIVES. OR THE ISSUER OF THIS CERTIFICATE AUTHORIZED REPR~SENTATIV~ BY: John F, Schullz MM1(3/02)VALID AS OF:04/04!08 CERTIFICATION OF NONDISCRIMINATION EXHIBIT D Project: Sewer Lateral Cleaning Services Certification of Nondiscrimination: As suppliers of goods and/or sep,4ces to the City of Palo Alto in excess of $5,000, Ihe firm, contractor or individual(s) listed below certify that: Ihey do not and in the performance of this contract they will not discriminate in employmenl of any person because of race, skin color, gender, age, religion, disabilily, national origin, ancestry, sexual orientation, housing status, marital status, familial status, weight or height of such person; and further certify that they are in compliance with all Federal, State and local directives and executive orders regarding nondiscriminalion in employment. Signature: __ CITY OF PALO ALTO RFQ 126818 PAGE 1 OF 1 ATTACH MARSH USA INC. 525 VINE STREET, SUITE 1600CINCINNATI, OH 45202 400408-RRSC-GAUWP-08/09 00193 ATTACHMENT C ,CERTi CATE.OF NSURANCE . : . . ¯ ’ ~ : - " CLE-001219550-53_. INSURED RQTO ROOTER SERVICES COMPANY 1831 OLD BAYSHQRE ROAD BURLINGAME, CA 94910 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER ’THAN THOSE PROVIDED IN THE POLICY. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIES DESCRIBED HEREIN. COMPANIES AFFORDING COVERAGE COMPANY A ZURICH AMERICAN INSURANCE COMPANY COMPANY B AMERICAN ZURICH INSURANCE COMPANY COMPANY C NIA COMPANY D NIA THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. NO’P~VITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ~POLICY EFFECTIVE LTR I TYPE OF INSURANCE POLICY NUMBER DATE (MM/DD/YY} A i GENERALUABILITY "GLO g379365-04 104i0i’/08 ~q COMMERCIAL GENERAL UABILITY ’ ~ cLA,us MADE FX---I OCCUR i OWNER’S & CONTRACTOR’S PROT AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED AUTOS __~SCHEDULED AUTOS _~ HIRED AUTOS NON-OWNED AUTOS GARAGE UABIUTY EMPLOYERS’ LIABILITY A t B ! THE PROPRIETOR/ i PARTNERS/EXECUTIVE! OFFICERS ARE:....... i’OTHER ...... BAP 9379363-04 (ADS) ,BAR 9379482-04 (HI) I__E_.XC ES S UABIUTY ............ ! ] U~,,BRELL~ FORM ;!I | OTHER THAN UMBRELLA FORM ’B ’"’ I WORKER~ COMPENSATION AND .... iWC 9379366-04 (ADS)wc 5919232-02 [__~[ INCL WC 9379367-04 (STOP GAP) ~ ,, ~XCL l B~SCRIPTIOM OF OPERATIQ~StLOCATIO~SNEHICLESISPECIAL ITEMS 04/01/08 4io1 o8 04/01/08 04/01/08 POUCY EXPIRATION } DATE {MM/DD/YY) LIMITS } 04/01/09 [ GENERAL AGGREGATE $5,000,000 PRODUCTS- COMP/OP AGG ’$4,000,000 PERSONAL & ABV INJURY $2,009,000 I EACH OCCURRENCE $2,000,000 FIRE DAMAGE {Any ~e ~e)$500 } MED EXP{A,oyPn,?,Pe~°n) t ~ 5,000 04/01/09 COMBINED SINGLE LIMIT ~ $3,000,000 04/01/09 BODILY INJ URY I {Per person) ~ BODILY INJURY ~(Per accident) [ PROPER~ DAMAGE }t OTHER THAN AUTO ONLY:~..~.~.:- t$EACH ACCIDENT ~ EACH OCCURRENCE ~ $ 04/01/09 ~X i wCSTATUL’i !OTH~": " .....~ EL DBEASE-E~C~ EMPEO~EE~ $1,000,000 THE CITY OF PALO ALTO, ITS OFFICERS, OFFICIALS, EMPLOYEES, AGENTS AND VOLUNTEERS ARE NAMED AS ADDITIONAL INSUREDS. PER ENDORSEMENT NO. CG 2010 COVERAGE IS PRIMARY AND NON-CONTRIBUTORY, CERTIFICATE HOLDER CITY OF PALO ALTO PUBLIC WORKS ENGINEERING 250 HAMILTON AVENUE PALO ALTO, CA 94301 CANCELLATION ’ BY:John F. Schullz MM1(3102)VALID AS OF:04104/08 Attachment "C"