HomeMy WebLinkAboutStaff Report 313-08TO:
City
City of Palo Alto
Manager’s Report
HONORABLE CITY COUNCIL 10
FROM:CITY MANAGER DEPARTMENT: PUBLIC WORKS
DATE:JULY 21, 2008 CMR:313:08
SUBJECT:APPROVAL OF A CONTRACT WITH GEOSYNTEC CONSULTANTS IN
THE TOTAL AMOUNT OF $198,000 FOR ENVIRONMENTAL RISK
ASSESSMENT AND REMEDIATION PLAN DEVELOPMENT SERVICES
FOR THE FORMER LOS ALTOS TREATMENT PLANT SITE LOCATED
AT 1237 NORTH SAN ANTONIO ROAD - LATP SITE DEVELOPMENT
PREPARATION, CAPITAL IMPROVEMENT PROGRAM PROJECT RF-
09004
RECOMMENDATION
Staff recommends that Council approve and authorize the City Manager or his designee to execute
the attached contract with Geosyntec Consultants (Attachment A) in a not to exceed amount of
$198,000 for consulting services for the development of an environmental risk assessment and
remediation plan for the former Los Altos Treatment Plant site, including $180,000 for basic services
and $18,000 for additional services.
BACKGROUND
The former Los Altos Treatment Plant (LATP) is a 13.26 acre site located at 1237 North San
Antonio Road. The LATP was previously owned and used by the City of Los Altos as a wastewater
treatment plant from 1958 until 1972. The LATP and its associated sludge ponds were abandoned in
1972 when Los Altos was connected to the Palo Alto Regional Water Quality Control Plant. Upon
closure of the LATP, many of the buildings were removed. A half interest of the property was
purchased by Palo Alto in 1984 with the intent of developing solid waste facilities on the site.
Over the years, a portion of the site has been utilized by the City as a contractor storage and staging
area and a portion of the land was leased to "Nutek", a small company whose business consisted of
using an electronic beam generator to sterilize materials for the pharmaceutical industry.
On November 13, 2007, Council approved an agreement with the City of Los Altos that provided for
the purchase of Los Alto’s other half interest in the property (CMR:409:07). Staff is currently
working with Los Altos staff and the Santa Clara County Local Agency Formation Commission
(LAFCO) to complete the annexation process to incorporate the property into Palo Alto City limits.
DISCUSSION
On June 9, 2008, staffprovided Council with an informational CMR on the status of the feasibility
study for the former LATP site and nearby parcels (CMR:279:08). CMR:279:08 contains a ful! list
CMR:313:08 Page 1 of 4
of potential uses being considered including: a new animal services center complex; a utility storage
and contractor staging area; a recycling drop-off center; as well as other potential uses. Staff will
evaluate potential uses of the LATP during the LATP Master Plan Study (Capital Improvement
Program Project PE-09004) approved by Council along with the 2008-09 CIP.
Previous investigations have revealed relatively minor levels of contamination at the LATP including
reactive sulfides, soluble copper, lead, oil and grease, semi-volatile organic compounds, metals and
other substances above their respective Environmental Screening Levels established by the San
Francisco Bay Regional Water Quality Control Board.
Before any proposed development can occur at the LATP, site remediation (cleanup) and preliminary
development activities must consist of:
Demolition and removal of all existing structures on the site, including buildings, concrete
foundations (or pads), asphalt surfaces and a large sewage digester tank;
Dewatering and proper disposal of contaminated water within the sludge ponds;
Removal and proper disposal or treatment and onsite capping of the sulfide reactive sludge
contained within the sludge ponds;
Removal and proper disposal or capping of contaminated soils in accordance with the
remediation plan objectives that will be approved by the State; and
Confirmation sampling and testing, backfill and other site preparation before new facilities
can be located.
Public Works staff has solicited proposals from experienced and qualified consulting firms to
evaluate the LATP site information, conduct an environmental risk assessment, prepare a
remediation action plan utilizing risk levels acceptable to the State, generate plans and specifications
for furore remediation site work, develop a monitoring plan, and provide confirmation sampling and
analytical services so that the City can remediate the site to acceptable contaminate levels and reuse
the property.
Due to the nature and quantity of the work, outside resources from a contractor are required. The
work requires highly experienced and trained personnel with education specializing in each of these
disciplines: chemistry, toxicology, engineering, hydrogeology and biology. In addition, the
consultant must have experience with methods, processes and knowledge of the regulatory agencies
and permitting procedures necessary to clean up similarly contaminated sites. Staff will provide
administrative oversight of the contract to ensure that the consultant is operating within budget and
is in compliance with all laws and regulatioris.
Selection Process
A notice inviting formal bids for the project was posted at City Hall and sent to eight consulting
firms. The bidding period was 19 days. Proposals were received from seven qualified consultants
on May 27, 2008.
CMR:313:08 Page 2 of 4
Summary of Solicitation Process
P_ro~osal Description/Number Former Los Altos Treatment Plant Environmental Risk
Proposed Length of Project
Number of Proposals Mailed
Total Days to Respond to Proposal
Pre-proposal Meeting Date
Number of Proposals Received:
,Assessment/RFP #12698~6
18 months
8
19
N/A
7
An evaluation committee consisting of four staff members from the Public Works Operations
Division reviewed the proposals to ensure that the firms were responsive to the criteria identified in
the RFP.
The criteria used to select the recommended firm included:
Quality and completeness of proposal;
Quality, performance and effectiveness of the solution and services to be provided by the
Proposer;
Proposer’s experience, including the experience of staff to be assigned to the project, with
engagements of similar scope and complexity;
Cost to the City (P~oposal costs ranged $67,040 to $303,933 for basic services);
Proposer’s financial stability;
Proposer’s ability to perform the work within the time specified;
Proposer’s prior record of performance with City or others;
Proposer’s ability to provide future maintenance, repairs parts and/or services; and
Proposer’s compliance with applicable laws, regulations, policies (including City Council
policies), guidelines and orders governing prior or exisfmg contracts performed by the
contractor.
Based on these criteria, the evaluation committee selected Geosyntec Consultants as the best rated
proposer. Geosyntec is a large consulting firm that specializes in environmental engineering and
remediation, geoteehnical and civil engineering and construction related services. Geosyntec has 32
offices worldwide including offices in Oakland, San Francisco and Sacramento.
RESOURCE IMPACT
Funding for this contract is available in the FY 2008-09 adopted budget, LATP Site Development
Preparation, Capital Improvement Program Project RF-09004.
POLICY IMPLICATIONS
This project does not represent any change to existing City policies.
ENVIRONMENTAL REVIEW
The City of Palo Alto is the lead agency for this project. This project is categorically exempt from
the California Environmental Quality Act (CEQA) in accordance with Section 15306 because the
project only entails information gathering and preparing a plan for future action that will not cause a
CMR:313:08 Page 3 of 4
major disturbance to an environmental resource. Any plan for future development on the property
will be subject to further environmental assessment.
ATTACHMENTS
Attachment A: Contract
Attachment B: Certification of Nondiscrimination
PREPARED BY:
DEPARTMENT HEAD:
CITY MANAGER APPROVAL:
Manager, Enviromnental Comrol Pr~ga’ams
Director of Public Works .... ---
~LLY MO~ ~d STEVE EMSLIE
DepuW Ci~ M~agers
CMR:313:08 Page 4 of 4
CITY OF PALO ALTO CONTRACT NO. C09126986
ATTACHMENT A
AGREEMENT BETWEEN THE CITY OF PALO ALTO AND
GEOSYNTEC CONSULTANTS
FOR PROFESSIONAL SERVICES
"FORMER LOS ALTOS TREATMENT PLANT ENVIRONMENTAL RISK ASSESSMENT"
This AGREEMENT is entered into ., by and between the CITY OF
PALO ALTO, a charter city and a municipal corporation of the State of California ("CITY"), and
GEOSYNTEC CONSULTANTS, a corporation in the state o~’Florida with offices located at 475
14th Street, 4~h Floor, Oakland, CA 94612 ("CONSULTANT").
RECITALS
The following recitals are a substantive portion of this Agreement.
A. CITY intends to develop new facilities on the former Los Altos Treatment Plant ("Project’,)
and desires to engage a consultant to prepare an environmental risk assessment and develop a
remediation plan in connection with the Project ("Services").
B. CONSULTANT has represented that it has the necessary professional expertise,
qualifications, and capability, and all required licenses and!or certifications to provide the Services.
C. CITY in retiance on these representations desires to engage CONSULTANT to provide the
Services as more fully described in Exhibit "A", attached to and made a part of this Agreement.
NOW, THEREFORE, in consideration of the recitals, covenants, terms, and
conditions, this Agreement, the parties agree:
AGREEMENT
SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described in
Exhibit "A" in accordance with the terms and conditions contained in this Agreement. The
performance of all Services shall be to the reasonable satisfaction of CITY.
SECTION 2. TERM. The term of this Agreement shall be from the date of its full execution
through December 31, 2009 in accordance with the Schedule of Performance attached as Exhibit "B"
unless terminated earlier pursuant to Section 19 of this Agreement.
SECTION 3. SCHEDULE OF PERFORMANCE. Time is of the essence in the performance of
Services under this Agreement. CONSULTANT shall complete the Services within the term of this
Agreement and in accordance with the schedule set forth in Exhibit "B", attached to and made a part
of this Agreement. Any Services for which times for performance are not specified in this Agreement
shall be commenced and completed by CONSULTANT in a reasonably prompt and timely manner
based upon the circumstances and direction communicated to the CONSULTANT. CITY’s
agreement to extend the term or the schedule for performance shall not preclude recovery of damages
for delay if the extension is required due to the fault of CONSULTANT. CONSULTANT, however,
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shall be excused for delays beyond its reasonable control that could not have otherwise been dvoided
through the exercise of due care.
SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to
CONSULTANT for performance of the Services described in Exhibit "A", including both payment
for professional services and reimbursable expenses, shall not exceed one hundred eighty thousand
dollars ($180,000.00). In the event Additional Services are authorized, the total compensation for
services and reimbursable expenses shall not exceed one hundred ninety-eight thousand dollars
($198,000.00). The applicable rates and schedule of payment are set out in Exhibit "C", entitled
"COMPENSATION," which is attached to and made a part of this Agreement.
Additional Services, if any, shall be authorized in accordance with and subject to the provisions of
Exhibit "C". CONSULTANT shall not receive any compensation for Additional Services perfo .rmed
without the prior written authorization of CITY. Additional Services shall mean any work that is
determined by CITY to be necessary for the proper completion of the Project, but which is not
included within the Scope of Services described in Exhibit "A".
SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit monthly
invoices to the CITY describing the services performed and the applicable charges (including an
identification ofpersolmel who performed the services, hours worked, hourly rates, and reimbursable
expenses), based upon the CONSULTANT’s billing rates (set forth in Exhibit "C"). If applicable, the
invoice .shall also describe the percentage of completion of each task. The information in
CONSULTANT’s payment requests shall be subject to verification by CITY. CONSULTANT shall
send all invoices to the City’s project manager at the address specified in Section 13 below. The City
will generally process and pay invoices within thirty (30) days of receipt.
SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All of the Services shall be
performed by CONSULTANT or under CONSULTANT’s supervision. CONSULTANT represents
that it possesses the professional and technical personnel necessary to perform the Services required
by this Agreement and that the personnel have sufficient skill and experience to perform the Services
assigned to them. CONSULTANT represents that it, its employees and subconsultants, if permitted,
have and shall maintain during the term of this Agreement all licenses, permits, qualifications,
insurance and approvals of whatever nature that are legally required to perform the Services.
All of the services to be furnished by CONSULTANT under this agreement shall meet the
professional standard and quality that prevail among professionals in the same discipline and of
similar knowledge and skill engaged in related work throughout California under the same or similar
circumstances.
SECTION 7. COMPLIANCE WITH LAWS. CONSULTANT shall keep itself informed of and
in compliance with all federal, state and local laws, ordinances, regulations, and orders that may
affect in any manner the Project or the performance of the Services or those engaged to perform
Services under this Agreement. CONSULTANT shall procure all permits and licenses, pay all
charges and fees, and give all notices required by law in the performance of the Services.
SECTION 8. ERRORS/OMISSIONS. CONSULTA_NT sha!l correct, at no cost to CITY, any and
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all errors, omissions, or ambiguities in the work product submitted to CITY, provided CITY gives
notice to CONSULTANT. If CONSULTANT has prepared plans and specifications or other design
documents to construct the Project, CONSULTANT shall be obligated to correct any and all errors,
omissions or ambiguities discovered prior to and during the course of construction of the Project.
This obligation shall survive termination of the Agreement.
SECTION 9. COST ESTIMATES. If this Agreement pertains to the design of a public works
project, CONSULTANT shall submit estimates of probable construction costs at each phase of
design submittal. If the total estimated construction cost at any submittal exceeds ten percent (10%)
of the CITY’s stated construction budget, CONSULTANT shall make recommendations to the CITY
for aligning the PROJECT design with the budget, incorporate CITY approved recommendations,
and revise the design to meet the Project budget, at no additional cost to CITY.
SECTION 10. INDEPENDENT CONTRACTOR. It is understood and agreed that in performing
the Services under this Agreement CONSULTANT, and any person employed by or contracted with
CONSULTANT to furnish labor and/or materials under this Agreement, shall act as and be an
independent contractor and not an agent or employee of the CITY.
SECTION 11. ASSIGNMENT. The parties agree that the expertise and experience of
CONSULTANT are material considerations for this Agreement. CONSULTANT shall not assign or
transfer any interest in this Agreement nor the performance of any of CONSULTANT’s obligations
hereunder without the prior written consent of the city manager. Consent to one assignment will not
be deemed to be consent to any subsequent assignment. Any assignment made without the approval
of the city manager will be void.
SECTION 12. SUBCONTRACTING.
Notwithstanding Section 11 above, CITY agrees that subconsultants may be used to complete the
Services. The subconsultants authorized by CITY to perform work on this Project are:
1.Philip Williams & Associates
CONSULTANT shall be responsible for directing the work of any subconsultants and for any
compensation due to subconsultants. CITY assumes no responsibility whatsoever concerning
compensation. CONSULTANT shall be fully responsible to CITY for all acts and omissions of a
subconsultant. CONSULTANT shall change or add subconsultants only with the prior approval of
the city manager or his designee.
SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Gordon Thmpp as
the project director to have supervisory responsibility for the performance, progress, and execution of
the Services and as the project coordinator to represent CONSULTANT during the day-to-day work
on the Proj ect. If circumstances cause the substitution of the proj ect director, proj ect coordinator, or
any other key personnel for any reason, the appointment of a substitute project director and the
assigamaent of any key new or replacement personnelwill be subject to the prior written approval of
the CITY’s project manager. CONSULTANT, at CITY’s request, shall promptly remove personnel
who CITY finds do not perform the Services in an acceptable manner, are uncooperative, or present
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a threat to the adequate or timely completion of the Project or a threat to the safety of persons or
property.
The City’s project manager is Ron Arp, PuNic Works Department, Operations Division, at 3201 E.
Bayshore Road, Palo Alto, CA 94303, Telephone: 650-496-5930. The project manager will be
CONSULTANT’s point of contact with respect to performance, progress and execution of the
Services. The CITY may designate an alternate project manager from time to time.
SECTION 14. OWNERSHIP OF MATERIALS. Upon delivery, all work product, including
without limitation, all writings, drawings, plans, .reports, specifications, calculations, documents,
other materials and copyright interests developed under this Agreement shall be and remain the
exclusive property of CITY without restriction or limitation upon the.ir use. CONSULTANT
agrees that all copyrights which arise from creation of the work pursuant to this Agreement shall
be vested in CITY, and CONSULTANT waives and relinquishes all claims to copyright or other
intellectual property rights in favor of the CITY. Neither CONSULTANT nor its contractors, if
any, shall make any of such materials available to any individual or organization without the
prior written approval of the City Manager or designee. CONSULTANT makes no
representation of the suitability of the work product for use in or application to circumstances not
contemplated by the scope of work.
SECTION 15. AUDITS. CONSULTANT will permit CITY to audit, at anyreasonable time during
the term of this Agreement and for three (3) years thereafter, CONSULTANT’s records pertaining to
matters covered by this Agreement. CONSULTANT further agrees to maintain and retain such
records for at least three (3) years after the expiration or earlier termination of this Agreement.
SECTION 16. INDEMNITY.
16.1. To the fullest extent permitted by law, CONSULTANT shall protect,
indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents
(each an "Indemnified Party") from and against any and all demands, claims, or liability of any
nature, including death or injury to anyperson, property damage or any other loss, including all costs
and expenses of whatever nature including attorneys fees, experts fees, court costs and disbursements
("Claims") that arise out of, pertain to, or relate to the negligence, recklessness, or willful
misconduct of the CONSULTANT, its officers, employees, agents or contractors under this
Agreement, regardless of whether or not it is caused in part by an Indemnified Party.
16.2. Notwithstanding the above, nothing in this Section 16 shall be construed to
require CONSULTANT to indemnify an Indemnified Party from Claims arising from the active
negligence, sole negligence or willful misconduct of an Indemnified Party.
16.3. The acceptance of CONSULTANT’s services and duties by CITY shall not
operate as a waiver of the right of indemnification. The provisions of this Section 16 shall survive
the expiration or early termination of this Agreement.
SECTION 17. WAIVERS. The waiver by either p arty of any breach or violation of any covenant,
term, condition or provision of this Agreement, or of the provisions of any ordinance or law, will not
be deemed to be a waiver of any other term, covenant, condition, provisions, ordinance or law, or of
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any subsequent breach or violation of the same or of any other term, covenant, condition, provision,
ordinance or law.
SECTION 18. INSURANCE.
18.1. CONSULTANT, at its sole cost and expense, shall obtain and maintain, in full
force and effect during the term of this Agreement, the insurance coverage described in Exhibit "D".
CONSULTANT and its contractors, if any, shall obtain a policy endorsement naming CITY as an
additional insured under any general liability or automobile policy or policies.
18.2. All insurance coverage required hereunder shall be provided through carriers
with AM Best’s Key Rating Guide ratings of A-:VII or higher which are licensed or authorized to
transact insurance business in the State of California. Any and all contractors of CONSULTANT
retained to perform Services under this Agreement will obtain and maintain, in full force and effect
during the term of this Agreement, identical insurance coverage, naming CITY as an additional
insured under such. policies as required above.
18.3. Certificates evidencing such insurance shall be filed with CITY concurrently
with the execution of this, Agreement. The certificates will be subject to the approval of CITY’s Risk
Manager and will contain an endorsement stating that the insurance is primary coverage and will not
be canceled, or materially reduced in coverage or limits, by the insurer except after filing with the
Purchasing Manager thirty (30) days’ prior written notice of the cancellation or modification,
CONSULTANT shall be responsible for ensuring that current certificates evidencing the insurance
are provided to CITY’s Purchasing Manager during the entire term of this Agreement.
18.4. The procuring of such required policy or policies of insurance will not be
construed to limit CONSULTANT’s liability hereunder nor to fulfill the indemnification provisions
of this Agreement. Notwithstanding the policy or policies of insurance, CONSULTANT will be
obligated 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 Agreement, including such damage, injury, or loss
arising after the Agreement is terminated or the term has expired.
SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES.
19.1. The city manager may suspend the performance of the Services, in whole or in
part, or terminate this Agreement, with or without cause, by giving ten (1’0) days prior written notice
thereof to CONSULTANT, Upon receipt of such notice, CONSULTANT will immediately
discontinue its performance of the Services.
19.2. CONSULTANT may terminate this Agreement or suspend its performance of
the Services by giving thirty (30) days prior written notice thereof to CITY, but only in the event of a
substantial failure of performance by CITY.
19.3. Upon such suspension or termination, CONSULTANT shall deliver to the
City Manager immediately any and all copies of studies, sketches, drawings, computations, and other
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data, whether or not completed, prepared by CONSULTANT or its contractors, if any, or given to
CONSULTANT or its contractors, if any, in connection with this Agreement. Such materials will
become the property of CITY.
19.4. Upon such suspension or termination by CITY, CONSULTANT will be paid
for the Services rendered or materials delivered to CITY in accordance with the scope of services on
or before the effective date (i.e., 10 days after giving notice) of suspension or termination; provided,
however, if this Agreement is suspended or terminated on account of a default by CONSULTANT,
CITY will be obligated to compensate CONSULTANT only for that portion of CONSLrLTANT’s
services which are of direct and immediate benefit to CITY as such determination may be made by
the City Manager acting in the reasonable exercise of his/her discretion
19.5. No payment, partial payment, acceptance, or partial acceptance by CITY will
operate as a waiver on the part of CITY of any of its rights under this Agreement.
SECTION 20. NOTICES.
All notices hereunder will be given in writing and mailed, postage prepaid, by
certified mail, addressed as follows:
To CITY:Office of the City Clerk
City of Palo Alto
Post Office Box 10250
Palo Alto, CA 94303
With a copy to the Purchasing Manager
To CONSULTANT: Attention of the project director
at the address of CONSULTANT recited above
SECTION 21. CONFLICT OF INTEREST.
21.1. In accepting this Agreement, CONSULTANT covenants that it presentlyhas
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.
21.2. CONSULTANT further covenants that, in the performance of this Agreement,
it will not employ subconsultants, contractors or persons having such an interest. CONSULTANT
certifies that no person who has or will have any financial interest under this Agreement is an officer
or employee of CITY; this provision will be interpreted in accordance with the applicable provisions
of the Palo Alto Municipal Code and the Government Code of the State of California.
21.3. If the Project Manager determines that CONSULTANT is a "Consultant" as
that term is defined by the Regulations of the Fair Political Practices Commission, CONSULTANT
shall be required and agrees to file the appropriate financial disclosure documents required by the
Pa!o Alto Municipal Code and the PoliticalReform Act.
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SECTION 22. NONDISCRIMINATION. As set forth in Palo Alto Municipal Code section
2.30.510, CONSULTANT certifies that in the performance of this Agreement, it shall not
discriminate in the employment of any person because of the race, skin color, gender, age, religion,
disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status,
weight or height of such person. CONSULTANT acknowledges that it has read and understands the
provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination
Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section
2.30.510 p err aining to nondiscrimination in employment, including completing the form furnished by
CITY and set forth in Exhibit "E."
SECTION 23. MISCELLANEOUS PROVISIONS.
23.1. This Agreement will be governed by the laws of the State of California.
23.2. In the event that an action is brought, the parties agree that trial of such action
will be vested exclusively in the state courts of California in the County of Santa Clara, State of
California.
23.3. The prevailing party in any action brought to enforce the provisions of this
Agreement may recover its reasonable costs and attorneys’ fees expended in connection with that
action. The prevailing party ghall be entitled to recover an amount equal to the fair market value of
legal services provided by attorneys emp!oyed by it as well as any attorneys’ fees paid to third
parties.
23.4. This document represents the entire and integrated agreement between the
parties and supersedes all prior negotiations, representations, and contracts, either written or oral.
This document may be amended only by a written instrument, which is si’gned by the parties.
23.5. The covenants, terms, conditions and provisions of this Agreement will apply
to, and will bind, the heirs, successors, executors, administrators, assignees, and consultants of the
parties.
23.6. If a court of competent jurisdiction finds or rnles that any provision of this
Agreement or any amendment thereto is void or unenforceable, the unaffected provisions of this
Agreement and any amendments thereto will remain in full force and effect.
23.7. All exhibits referred to in this Agreement and any addenda, appendices,
attachments, and schedules to this Agreement which, from time to time, may be referred to in any
duly executed amendment hereto are by such reference incorporated in this Agreement and will be
deemed to be a part of this Agreement.
23.8. This Agreement is subject to the fiscal provisions of the Charter of the City of
Palo Alto and the Palo Alto Municipal Code. This Agreement will terminate without anypenalty (a)
at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year,
or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the
fiscal year and funds for this Agreement are no longer available. This Section 24.8 shal! take
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precedence in the event of a conflict with any other covenant, term, condition, or provision of this
Agreement.
23.9. The individuals executing this Agreement represent and warrant that they have
the legal capacity and authority to do so on behalf of their respective legal entities.
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IN WITNESS WHEREOF, the parties hereto have by their duly authorized
representatives executed this Agreement on the date first above written.
CITY OF PALO ALTO
City Manager
APPROVED AS TO FORM:
~C CONSULTANTS
Senior Asst. City Attorney
APPROVED:
Director of Administrative
Services
Taxpayer Idemification No.
Attachments:
EXHIBIT "A":
EXHIBIT "B":
EXHIBIT "C":
EXHIBIT "C-I"
EXHIBIT "D":
EXHIBIT "E":
SCOPE OF SERVICES
SCHEDULE OF PERFORMANCE
COMPENSATION
RATE/FEE SCHEDULE
INSURANCE REQUIREMENTS
CERTWICATION OF NONDISCRIMINATION
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EXHIBIT "A"
Background:
SCOPE OF SERVICES
Purpose and History_:
The City of Palo Alto (City) solicited proposals to conduct an Environmental Risk Assessment,
prepare a Remediation Action Plan and provide confirmation sampling and analytical services for
the former Los Altos Treatment Plant (LATP) site. The City has recently purchased the property
from the City of Los Altos and is in the process of annexing the property into the City Limits.
The LATP was previously owned and used by the City of Los Altos as a wastewater treatment
plant. The LATP operated from 1958 until 1972. The LATP and its associated sludge ponds
were abandoned in 1972 when Los Altos was connected to the Palo Alto Regional Water Quality
Control Plant. Upon closure of the LATP, many of the buildings were removed. A half interest
of the property was purchased by Palo Alto in 1984 with the intent of developing solid waste
facilities on the site.
Since then, Area C (See Drawing 1 attached) has been utilized by the City as a contractor storage
and staging area and a portion of the land was leased to "Nutek", a small company whose
business consisted of electronic beam generator to sterilize materials for the pharmaceutical
industry.
Previous investigations have revealed contamination levels that exceed the regulatory hazardous
waste levels for reactive sulfides within the sludge as well as for soluble copper and lead at two
locations within the soil. Several sampling locations have shown less than hazardous
concentrations of oil and grease, SVOCs, PNAs, CAM metals, and other contaminates above
their respective Environmental Screening Levels (ESLs) established by the San Francisco Bay
Regional Water Quality Control Board.
Site Description:
The LATP is a 13.26 acre site located east of Highway 101 at 1237 North San Antonio Road
(Drawing #1). The LATP is divided up into three areas:
Area A - 4 acres, undeveloped and contains a narrow slough, associated wetlands, and an
area that has been filled with soil/asphalt/gravel fill. The City has committed to leaving
Area A undeveloped open space and using this area as wetlands mitigation acreage for
Area B wetlands filling and development;
Area B - 6.64 acres, site of the former Los Altos Wastewater Treatment Plant, currently
contains a small industrial facility remnant and six abandoned sludge ponds; and
Area C - 2.62 acres, primarily undeveloped except for graveled storage yard for utility
contractors.
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CITY OF PALO ALTO CONTRACT NO. C09126986
Some of the existing abandoned sludge ponds have been delineated as waters of the U.S. An
updated Jurisdictional Waters and Wetland report was submitted this year to the U.S. Army
Corps of Engineers.
Proiect Description:
The City tentatively plans to develop the property as follows: relocate the City’s animal center
complex (from East Bayshore Blvd), develop a utility storage and contractor staging area,
relocate a recycling drop-off center, establish a household hazardous waste drop-off facility, and
develop a small city waste and debris transfer site. City staff is aware that before any proposed
development can occur at the LATP, that wetlands mitigation, site remediation and site
preparation would at a minimum consist of the following field activities:
1)Excavation of soil within Area A so that additional wetlands and waters of the U.S. can
be established to replace areas to be filled within Area B.
2)Demolition and removal of all existing structures on the site (Areas B and C), including
buildings, concrete foundations (or pads), asphalt surfaces and a large sewage digester
tank.
3) Dewatering and proper disposal of contaminated water within the sludge ponds.
4) Removal of all sludge, including sulfide reactive sludge contained within the sludge
ponds.
5) Removal of hazardous soils from Areas B and C.
6) Removal of non-hazardous but contaminated soils from Areas A, B and C.
7) Backfill and other site preparation before new facilities can be located. And
8) Additional engineered fill to elevate some or all of Areas B and C to 8 feet above mean
sea level to meet FEMA flood protection requirements.
Scope of Work
Task 1. Information Review
The first task is for Geosyntec Consultants, Inc, (Geosyntec) and Philip Williams & Associates
(PWA) to compile and review available reports and information for the facility and surrounding
area pertaining to the soil and groundwater chemistry, chemistry of the sludge and water in the
ponds, and general hydrogeology. Previous studies have been completed at the LATP and
documented in reports listed below. As part of this task, Geosyntec will also review reports on
environmental investigations, risk assessments and remediation proj ects in the vicinity of the
LATP. In addition Geosyntec will research environmental and use permitting requirements and
background information for the area, including the updated Jurisdictional Waters and Wetland
report by the USACOE. This task will include a Project Kick-off meeting with the City to
discuss existing data and potential data needs.
Geosyntec understands that the chemical analytical data is available in electronic format as an
Excel file, and has assumed that it will obtain the data in this format.
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CITY OF PALO ALTO CONTRACT NO. C09126986
Preliminaly Environmental Survey Former Los Altos Sewage Treatment Plant Site.
Wahler Associates, June 1990.
Phase II Environmental Survey 12 75 North San Antonio Road Former Los Altos
Sewage Treatment Plant, Palo Alto, California. Wahler Associates, November 1990.
Solid Waste Facility Feasibility Study Phase L Palo Alto, California. Wahler
Associates, December 1991.
Solid Waste Facility Feasibility Study Phase II,, Los Altos Sewage Treatment Plant Site.
Wahler Associates, September 1992.
Geotechnical Report Palo Alto Former Los Altos Treatment Plant Site Development
Project. CH2MHill, December 1997.
Phase I Environmental Site Assessment Palo Alto Former Los Altos Treatment Plant Site
Development Project. CH2MHill, July 1997.
Draft Environmental Impact Report, LATP Site Development Project. CH2MHi11,
August 1997, and Responses to Comments Final Environmental Impact Report LATP Site
Development Project September 1999.
Results of Soil Sampling, Former Los Altos Treatment Plant, Area A. Conor
Pacific, September 8, 2000.
Results of Soil Sampling on June 20, 2007, Former Los Altos Treatment Plant (Revision
1). Golder Associates, August 13, 2007.
Task 2. Environmental Risk Assessment
Task 2.1 Soil Gas and Shallow Groundwater Survey
Due to the proximity of these VOC impacts to the City’s property and the likelihood that the final
development plan will include buildings, it is prudent to evaluate whether VOCs are present on
the City’s property. Geosyntec will perform an investigation along the eastern boundary of the
Subject property, specifically a soil gas survey with an onsite mobile laboratory that provides
results during the progress of the investigation. Additionally, Geosyntec will collect three to five
grab groundwater samples from selected investigation points to send to an analytical laboratory
for analyses for VOCs, as well as several field measurements and geochemistry analyses for
water quality parameters. Geosyntec will prepare a separate letter report to the City summarizing
the results.
Task 2.2 Database
Geossnatec will utilize the database created as part of Task I and data from Task 2.1 to develop
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CITY OF PALO ALTO CONTRACT NO. C09126986
maps illustrating the distribution of chemicals at the site. The visual representation of chemical
concentrations will allow for immediate identification of "hot spots" and potential data gaps.
The database will also facilitate efficient statistical calculations for the risk assessment.
The data will be used to perform a tiered screening-level risk evaluation. The evaluation shall be
performed in accordance with the SF RWQCB screening for environmental concerns (RWQCB,
2007). For the first step, which is a follow-up to a compilation conducted by Golder (2007),
Geosyntec shall compare the maximum chemical concentrations from results of the samples
collected to date to the SF RWQCB Environmental Screening Levels (ESLs) or commercial/
industrial receptors as well as applicable environmental receptors. The results of the first tier of
screening will be used to develop the list of Chemicals of Potential Concern (COPCs) for further
risk evaluation.
For chemicals identified as COPCs by the screening-level analysis, Geosyntec shall conduct a
site-specific risk assessment. The site-specific risk assessment will include the following steps
consistent with US EPA and DTSC guidance: (1) exposures assessment, (2) toxicity assessment
and (3) risk characterization.
Task 2.3 Exposure Assessment
The exposure assessment will consider both current and likely future site uses, and will be based
on complete exposure pathways to actual or probable human receptors (i.e., general groups that
could come in contact with COPCs). Based on the existing data, chemicals such as polyaromatic
hydrocarbons and metals have been detected in site soil. These chemicals are of a concern
primarily for the direct contact pathways such as dermal contact and incidental soil ingestion.
Therefore, these pathways will be evaluated in the risk assessment. In addition, there is the
potential for VOCs to be present in soil gas and groundwater due to chemical releases from
neighboring properties. IfVOCs are detected in soil gas or groundwater, the vapor intrusion
pathway will also be evaluated. The final selection of exposure pathways will be conducted after
a detailed review of existing data and any new data collected. For each COPC and medium,
exposure point concentrations (EPCs) will be calculated using the USEPA software program,
ProUCL Version 4. The EPCs will reflect the average chemical concentrations and will be used
in conjunction with site-specific exposure parameters to estimate the intake of chemicals for each
complete exposure pathway. Exposure parameters will be selected based on site-specific values
where possible/as well as on assumptions presented in the Supplemental Guidance." Standard
Default Exposure Factors (USEPA, 1991), and Exposure Factors Handbook (USEPA, 1997a).
The focus of the risk assessment for this site will be on future commercial development.
However, if COPCs were identified in the first tier of screening based on environmental effects, a
second tier of screening will also be conducted using the average EPCs and the relevant ESL
criterion for ecological receptors.
Task 2.4 Toxicity Assessment
The toxicity assessment characterizes the relationship between the magnitude of exposure to a
COPC and the nature and magnitude of adverse health effects that may result from such
exposure. For risk assessment purposes, adverse health effects are classified into two broad
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CITY OF PALO ALTO CONTRACT NO. C09126986
categories: noncarcinogens and carcinogens. Toxicity criteria are generally developed based on
the threshold approach for noncarcinogenic effects and the non-threshold approach for
carcinogenic effects.
Chronic toxicity criteria may be selected from several sources including:
1.Cal-EPA OEHHA Toxicity Criteria Database, online (Cal-EPA, 2003);
2.US EPA’s (US EPA, 2003) Integrated Risk Information System (I~S);
US EPA (US EPA, 1997b) Health Effects Assessment Summary Tables
(HEAST), as referenced in the Region IX Preliminary Remedial Goals (PRG)
Table (US EPA, 2002a); or
US EPA NCEA Superfund Health Risk Technical Support Center, as referenced
in the US EPA PRG table (US EPA, 2002a).
If the screening evaluation identified chemicals that may be of concern for ecological receptors, a
review of the published toxicity literature shall be conducted to determine the most appropriate
toxicity criteria to use in a second tier ecological risk evaluation.
Task 2.5 Risk Characterization
The toxicity and exposure assessments are combined to estimate potential carcinogenic risks and
adverse noncarcinogenic health effects associated with exposure to chemicals detected at the
Site. Geosyntec will evaluate the potential for impact to estuarine aquatic receptors as well as
human receptors for those chemicals identified during the screening evaluation. The results of
the risk assessment will be used in aid in developing the remedial strategy for the site.
Geosyntec will prepare a report that summarizes the findings of the focused site-specific risk
assessment. The report will include a results of previous chemical characterization, input
parameters for the risk assessment, and the conclusions of the risk assessment. A draft copy of
the report will be submitted to the City for review and comment prior to submittal to the SF
RWQCB.
If needed for a refined site-specific risk assessment Geosyntec will conduct additional sampling.
Note, however, that our cost estimate does not include sample collection and laboratory analyses
for additional site characterization.
Task 3. Develop Remediation Action and Monitoring Plan
Prior to developing the remedial action, Geosyntec will meet with the City and SFRWQCB to
discuss remedial alternatives to mitigate risk associated with chemical impacts at the LATP.
PWA will assist in the development of the alternatives, and may also attend the meeting with the
City and SFRWQCB. Possible alternatives that Geosyntec will consider include:
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CITY OF PALO ALTO CONTRACT NO. C09126986
excavation and removal soil from the LATP;
excavation, on-site treatment and replacement of soil;
in-situ treatment of soil;
in-situ fixation of soil; and
capping of soil to remove an exposure pathway.
Based on the results of the environmental risk assessment and requirements of regulatory
agencies, Geosyntec will develop a Remedial Action and Monitoring Plan (RAP) that is cost-
efficient, considers minimization of impact to the environment, and will strive to meet the City’s
schedule for planned development of the Site.
In accordance with the Regional Water Quality Control Board’s (RWQCB’s) Water Quality
Control Plan (Basin Plan) for San Francisco Bay, Geosyntec will evaluate the ability of capping
the chemically-impacted soil to prevent detrimental increase in concentrations of toxic
substances found in bottom sediments or aquatic life. Geosyntec will also consider potential
effects on aquatic organisms, wildlife, and human health.
Geosyntec will prepare a draft RAP for review by the City. Subsequently, Geosyntec will
incorporate comments from the City and submit a final RAP to the RWQCB.
Task 4. Generate Detailed Technical and Operational Plans for Site Work
Following approval of the RAP by the RWQCB, Geosyntec and PWA will prepare technical and
operational plans for implementing the selected remedial alternative. These plans may include
information such as the following, as appropriate:
Methods and extents of excavation and removal or onsite relocation of soil, sludge and
water;
Possible on-site treatment and on-site placement of soil;
Possible in-situ treatment of soil;
Possible in-situ fixation of soil;
Capping of soil to remove an exposure pathway;
Confirmation sampling and laboratory analyses; and
Other necessary plans such as Quality Assurance Project Plan (QAPP), Health and
Safety Plan; transportation plans; temporary storm water pollution prevention plan.
Geosyntec will also develop a cost estimate for the approved RAP including costs for excavation,
chemical treatment, transportation, disposal, and laboratory analyses.
Task 5. Certification and Confirmation Sampling and Analytical Work
Geosyntec field staff, or a subcontractor, shall collect samples of soil, sludge, and water in
accordance with the approved remedial action and monitoring plan to confirm that objectives of
the remedial action plan are met. Geosyntec shall provide guidance to the remedial contractor if
confirmation sampling indicates that additional excavation or further treatment/processing is
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CITY OF PALO ALTO CONTRACT NO. C09126986
required. For the purposes of this contract, this Task will be funded for $30,000 to implement
Task 5 work in accordance with the Consultant’s time and materials and unit prices included in
this agreement. If further sampling and analytical work is deemed necessary, then the City will
add further funds to fully cover this work.
Geosyntec shall provide a letter report to the City, if appropriate, that attests that the remediation
was implemented according to the RAP.
Task 6. Meetings
Geosyntec’s cost proposal includes budget for eight meetings with the City and/or RWQCB staff.
For each meeting, Geosyntec and PWA will prepare agendas and make presentations as
appropriate. Geosyntec will make weekly status reports by email to the City and arrange for
conference calls or additional meetings as needed.
One of the meetings is assumed to be a public community outreach meeting where Geosyntec
will present the remedial action and monitoring plan in layman’s terms and field questions from
the public.
7
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CITY OF PALO ALTO CONTRACT NO. C09126986
EXHIBIT "B"
SCHEDULE OF PERFORMANCE
CONSULTANT shall perform the Services so as to complete each milestone within the number
of months specified below. The time to complete each milestone may be increased or decreased
by mutual written agreement of the project managers for CONSULTANT and CITY so long as
all work is completed within the term of the Agreement. CONSULTANT shall provide a
detailed schedule of work consistent with the schedule below within 2 weeks of receipt of the
notice to proceed.
Milestones Completion
No. of months
From NTP
1.Task 1 - Review information 1 momh
2.Task 2 - Analyze and develop risk assessment
3.Task 3 - Develop remediation action and monitoring plan
4.Task 4 - Prepare detailed plans and specifications for site work
5.Task 5 - Certification, sampling and analytical work
6.Regulatory review and response
7.Project closeout
2.5 months
5 months
7.5 months
9.5 months
16 months
18 months
Note: These milestones assume that the oversight agency staff will be responsive in their
review time with the project submittals. Actual response time may vary and completion
schedule will be adjusted accordingly.
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08072
CITY OF PALO ALTO CONTRACT NO. C09126986
EXHIBIT "C"
COMPENSATION
The CITY agrees to compensate the CONSULTANT for professional services performed in
accordance with the terms and conditions of this Agreement, and as set forth in the budget
schedule below. Compensation shall be calculated based on the hourly rate schedule attached
as exhibit C-1 up to the not to exceed budget amount for each task set forth below.
The compensation to be paid to CONSULTANT under this Agreement for all services
described in Exhibit "A" ("Basic Services") and reimbursable expenses shall not exceed
$180,000.00. CONSULTANT agrees to complete all Basic Services, including reimbursable
expenses, within this amount. In the event CITY authorizes any Additional Services, the
maximum compensation shall not exceed $198,000.00. Any work performed or expenses
incurred for which payment would result in a total exceeding the maximum amount of
compensation set forth herein shall be at no cost to the CITY.
CONSULTANT shall perform the tasks and categories of work as outlined and budgeted
below. The CITY’s Project Manager may approve in writing the transfer of budget amounts
between any of the tasks or categories listed below provided the total compensation for Basic
Services, including reimbursable expenses, does not exceed $180,000.00 and the total
compensation for Additional Services does not exceed $18,000.00.
BUDGETSCHEDULE NOTTOEXCEED AMOUNT
Task I $8,900
(Review information)
Task 2
(Develop risk assessment)
Task 3
(Develop remediation action and monitoring plan)
Task 4
(Detailed plans and specifications for site work)
Task 5
(Certification, sampling and analytical work)
$38,250
$38,900
$38,700 .
$29,700
Task 6
(Project management and meetings)
Sub-total Basic Services
$23,400
$177,850
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CITY OF PALO ALTO CONTRACT NO. C09126986
Reimbursable Expenses $2,150
Total Basic Services and Reimbursable expenses
Additional Services (Not to Exceed)
Maximum Total Compensation
REIMBURSABLE EXPENSES
$180,000
$18,000
$198~000
The administrative, overhead, secretarial time or secretarial overtime, word processing,
photocopying, in-house printing, insurance and other ordinary business expenses are included
within the scope of payment for services and are not reimbursable expenses. CITY shall
reimburse CONSULTANT for the following reimbursable expenses at cost. Expenses for
which CONSULTANT shall be reimbursed are:
A. Travel, including transportation and meals, will be reimbursed at actual cost subject to the
City ofPalo Alto’s policy for reimbursement of travel and meal expenses for City of Palo Alto
employees.
B. Long distance telephone cellular phone, facsimile transmission and postage charges are
reimbursable at actual cost.
All requests for payment of expenses shall be accompanied by appropriate backup information.
Any expense anticipated to be more than $1,000.00 shall be approved in advance by the
CITY’s project manager. Reimbursable subcontracted services Such as drilling and laboratory
analyses shall be billed at cost plus 12%.
ADDITIONAL SERVICES
The CONSULTANT shall pro+ide additional services only by advanced, written authorization
from the CITY. The CONSULTANT, at the CITY’s project manager’ s request, shall submit a
detailed written proposal including a description of the scope of services, schedule, level of
effort, and CONSULTANT’s proposed maximnm compensation, including reimbursable
expense, for such services based on the ratesset forth in Exhibit C-1. The additional services
scope, schedule and maximum compensation shall be negotiated and agreed to in writing by
the CITY’s Project Manager and CONSULTANT prior to commencement of the services.
Payment for additional services is subject to all requirements and restrictions in this
Agreement.
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080710
CITY OF PALO ALTO CONTRACT NO. C09126986
EXHIBIT "C-1"
HOURLY RATE SCHEDULE
RATE/FEE SCHEDULE -GEOSYNTEC
POSITION HOURLY RATE
Engineer/Scientist:
Staff Professional
Senior Staff Professional
Professional
Project Professional
Senior Professional
Associate
Principal
$96.00
SilO 00
$124 O0
$142 00
$162 00
$182 00
$200 oo
Construction Services:
Engineering Technician I
Engineering Technician II
Senior Engineering Technician I
Senior Engineering Technician II
Site Manager I
Site Manager II
Construction Manager
$50.00
$55 00
$60 oo
$65 oo
$v4 oo
$v9 00
$89 oo
Design, Graphical, and Administrative Services:
Designer
Senior Drafter/Senior CADD Operator
Drafter/CADD Operator/Artist
Admin Assistant/Tech Word Processor
Clerical
$104.00
$92.00
$80.oo
$52.00
$42.00
~R~79
Professional Services
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EXHIBIT D
PRODUCER
Marsh USA Inc.t560 Sawgrass Corporate Pkwy.
Suite 300
Sunrise, FL 33345-9010
Attn: Fax: 212-948-1306 / ContractReviewCSS@marsh.com
S81127-ALL-CAS1-07-08 OAKLA ALL4
INSURED
GeoSyntec Consultants, Inc.
475 14TH St., Suite 450
Oakland, CA 94596
CERTIFICATE NUMBER
ATL-001494534-01
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 POLICIES DESCRIBED HEREIN.
COMPANIES AFFORDING COVERAGE
COMPANY
A Commerce and Industry Ins Co
COMPANY
B American International Specialty Lines Ins Co
COMPANY
C American Home Assurance Co
COMPANY
D
: i’; : ::ThiSlcertific~te S~peis~d~ and rep..la:ces ah~ previ~M~ isSUed Ce~ifi~i~!:fo~tl~ ~61idy.pe’riod:n~ted b~10~i~::, 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 ISSUED OR MAY
PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN ISSUBJECT TO ALL THE TERMS, CONDITIONS AND F.XCLUSIONS OF SUCH POLICIES. AGGREGATE
LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPEOF INSURANCE POUCY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITSLTRDATE (MMIDD/YY)DATE (MMIDD/YY)
A GL 4178618 09/01/07 09/01/08
A
A
C
C
GENERAL LIABIlITy
~OMMERCIAL GENERAL LIABILITY
AUTOMOBILE UABIUTY
X ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
X HIRED AUTOS
x NON-OWNED AUTOS
GARAGE UABIUTY
ANY AUTO
EXCESS UABILITY
~UMBRELLA FORM
OTHER THAN UMBRELLA FORM
WORKERS COMPENSATION ANDEMPLOYERS’ LIABIUTY
THE PROPRIETOR]IX I INCLPARTNERS/EXECUTIVE
OFFICERS ARE:1 I EXCLOTHER
CA5053937 (AOS)
CA1955451 .(MA)
UMB8085625
WC5313943 (AOS)
WC5313944 (CA)
B Prof. Liability &195-19-04
Contr. Poll. Liab.
Claims Made Form
DESCRIPTION OF OPERATIONSlLOCATIONSNEHICLESlSPECIAL ITEMS
RE: PSA
CITY OF PALO ALTO
PURCHASING AND CONTRACT ADMINISTRATIONP.O. BOX 10250
PALO ALTO, CA 94303
09/01/07
09/01/07
09/01/07
09/01/07
09/01/07
09/01/07
09/01/08
09/01/08
09/01/08
09/01/08
09/01/08
09/01/08.
GENERAL AGGREGATE
PRODUCTS - COMP/OP AGG
PERSONAL & ADV INJURY
EACH OCCURRENCE
FIRE DAMAGE (Any one fire)
MED EXP (An~ one person)
COMBINED SINGLE LIMIT
$
$
$
$
$
$
$
BODILY INJURY $(Per person)
BODILY INJURY
(Per accident)$
PROPERTY DAMAGE $
AUTO ONLY - EA ACCIDENT
OTHER THAN AUTO ONLY:
EACH ACCIDENT
AGGREGATE
EACH OCCURRENCE
AGGREGATE
SIR:
I WC STATU-OTH-TORY LIMITS I I ERX
ELEACH ACCIDENT
EL DISEASE-POLICY LIMIT
EL DISEASE-EACH EMPLOYEE
2,000,000
2,000,000
1,000,000
1,000,000
100,000
25,000
1,000,000
$
$
$10,000,000
$10,000,000
$10,000
$
$
$
1,000,000
1,000,000
1,000,000
Each Claim / Aggregate 8,000,000
Ded: Each Claim 300,000
CITY OF PALO ALTO IS INCLUDED AS ADDITIONAL INSURED, WHERE REQUIRED BY WRITTEN CONTRACT, EXCEPT FOR WORKERS’
COMPENSATION AND PROFESSIONAL LIABILITY, THIS INSURANCE SHALL BE PRIMARY AND NON-CONTRIBUTORY AND LIMITED TO LIABILITY
ARISING OUT OF THE OPERATIONS OF THE INSURED WHERE REQUIRED BY WRITTEN CONTRACT, THE ABOVE GENERAL LIABILITY POLICY
CERTIFICATE HOLDER CANCELLATION :
BY:Eileen S. Yodanis
MM1(3102)VALID AS 0F:07/09/08
=’PRoDuCER
Marsh USA Inc.
1560 Sawgrass Corporate Pkwy.COMPANY
Suite 300 E
Sunrise, FL 33345-9010Attn: Fax: 212-948-1306 / Contract.ReviewCSS@marsh.com
S81127-ALL-CAS1-07-08 OAKLA ALL4
INSURED
GeoSyntec Consultants, Inc.475 14TH St., Suite 450
Oakland, CA 94596
DATE (MM/DD/YY)
07/09/08
COMPANIES AFFORDING COVERAGE
COMPANY
F
COMPANY
G
COMPANY
H
CONTINUED FROM DESCRIPTION SECTION:
INCLUDES SEPARATION OF INSUREDS COVERAGE. THE ABOVE GENERAL LIABILITY POLICY INCLUDES CONTRACTUAL LIABLITY COVERAGE
CERT F CATEHOLDER -. :, : : ¯-::
CI~ OF PALO ALTo
PURCHASING AND CONTRACT ADMINISTRATION
P.O. BOX 10250PALO ALTO, CA 94303
AUTHORIZED REPRESENTATIVE
of Ma~h USA Inc.
BY: Eileen S, Yodanis’
Page 2
EXHIBIT E
Attachment
Certificatiori of Nondiscrimination
As suppliers of goods or services to the City of Palo Alto, the firm and individuals listed below
certify that they do not discriminate in employment of any person 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; that they are in compliance with all
Federal, State and local directives and executive orders regarding nondiscrimination in
employment.
1.If Proposer is INDIVIDUALISote Proprietorship, sign here:
Date:
Proposer’s Signature
Proposer’s typed name and title
°~f Proposer is PARTNERSHIP or JOINT VENTURE, at least (2) Partners or each of
the Joint Venturers shall sign here:
Partnership or Joint Venture Name (type or print)
Date:
Member of the Partnership or Joint Venture signature
Date:
Member of the Partnership or Joint Venture signature
3.If Proposer is a CORPORATION, the duly authorized officer(s) shall sign as follows:
The undersigned certify that they are respectively:
Chairman of the Board and
Title Title
Of the corporation named below; that they are designated to sign the Proposal Cost Form by
resolution (attach a certified copy, with corporate seal, if applicable, notarized as to its
authenticity or Secretary’s certificate of authorization) for and on behalf of the below named
CORPORATION, and that they are authorized to execute same for and on behalf of said
CORPORATION.
GEOSY~TEC CONSULTANTS
C~Name/~type or
Date:May 23, 2008
Title: Chairman of the Board
By:Date:
Title:
City of Palo Alto - RFP126986