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Staff Report 132-06
TO: FROM: HONORABLE CITY COUNCIL CITY MANAGER DEPARTMENT: PUBLIC WORKS DATE: SUBJECT: MARCH 13, 2006 APPROVAL OF AN ENTERPRISE CONTRACT SERVICES IN THE AMOUNT OF $131,868 ENVIRONMENTAL CONTROL SYSTEMS MONITORING AND REPORTING SERVICES CMR:132:06 WITH SCS FIELD FOR LANDFILL MAINTENANCE, RECOMMENDATION Staff recommends that Council: Approve and authorize the City Manager or his designee to execute the attached contract with SCS Field Services (Attachment A) in an amount not to exceed $131,868 for landfill environmental control systems maintenance, monitoring and reporting services, including $119,880 for basic services and $11,988 for additional services. Authorize the City Manager or his designee to exercise the option to renew the contract for up to two additional years provided the total maximum compensation does not increase in each year by more than the increase in the consumer price index for the preceding year or 5 percent, whichever is less and provided that the contractor is responsive to the City’s needs, the quality of the contractor’s work is acceptable during the first year of the contract and!or other conditions that will determine the City’s willingness to renew the contract. DISCUSSION Project Description The work to be performed under this contract includes 1) performance of routine landfill gas (LFG) collection and emission control system maintenance, monitoring and reporting; 2) performance of routine leachate extraction system (LES) maintenance; 3) performance of LFG flare stack emissions sampling, analyses and reporting; 4) compilation and preparation of regulatory reports; and 5) performance of non-routine maintenance, repairs and temporary relocations of the LFG and LES piping systems during refuse filling operations. City landfill permits and state and federal regulations require effective environmental control systems. Control and monitoring of LFG (consisting mainly of methane), are required by the landfill’s Title V Permit as well as by Regulation 8, Rule 34 enforced by the Bay Area Air Quality Management District (BAAQMD). Landfill liquids (leachate) are required to be removed and controlled by the landfill’s Waste Discharge Requirements, issued by the Regional Water Quality Control Board as well as by California Code of Regulations, Title 27. CMR:132:06 Page 1 of 3 Due to the nature and quantity of the work, outside resources from a contractor are required. The work requires specialized tools, equipment and trained personnel in sufficient quantity to maintain smooth operation of the environmental control systems of this contract. City staff will provide administrative oversight of the contract to ensure landfill environmental control systems are maintained and operated properly, efficiently, cost-effectively and in compliance with all laws and regulations. Selection Process A notice inviting formal proposals for the project was posted at City Hall and sent to four contractors. The solicitation period was 28 days. A proposal was received from one qualified contractor on January 10, 2006. Firms that did not submit proposals were contacted and gave the following reasons why they declined to submit proposals: One firm stated that it was too busy with its current workload; and one firm did not believe it could submit competitive pricing with firms already established in the Bay Area performing the type of work requested. Proposal Description/Number Proposed Length of Project Number of Proposals Mailed Total Days to Respond to Proposal Pre-proposal Meeting Date Number of Proposals Received: Summary of Solicitation Process Landfill Environmental Control Systems Monitoring and Reporting/RFP #115396 36 months 6 28 N/A 1 The Certification of Nondiscrimination is Attachment B. Maintenance, Even though only one proposal was submitted in response to this RFP, an evaluation committee consisting of two staff members from the Public Works Operations Division reviewed the proposal to ensure that the firm was responsive to the criteria identified in the RFP. The criteria used to select the recommended firm included: o Experience and qualifications of the firm, as well as key staff assigned; ¯Firm’s prior record of performance with the City; ®Proposal qtuality and completeness; ®Proposal price; ®Perceived response time and ability to perform the work. SCS Field Services was selected because it was the only firm to submit a proposal. However, SCS Field Services has been the City’s contractor for this work since 1997 and has been performing the work satisfactorily with no significant complaints. SCS Field Services proposal was rated highly for all of the criteria specified above. Staff has confirmed that the contractor has all applicable licenses and certifications on file. RESOURCE IMPACT Funding for this contract is available in the FY 2005-06 budget. CMR:132:06 Page 2 of 3 POLICY IMPLICATIONS This project does not represent any change to existing City policies. ENVIRONMENTAL REVIEW The repair, maintenance and monitoring of the existing environmental control systems are necessary to stay in compliance with State and Local regulatory requirements and do not have significant environmental impacts. These activities are Categorically Exempt from California Environmental Quality Act (CEQA) under Section 15301, Class 1 exemptions covering the operation, repair and maintenance of existing facilities. ATTACHMENTS Attachment A: Contract (includes Certification of Nondiscrimination as Exhibit E) PREPARED BY: DEPARTMENT HEAD: CITY MANAGER APPROVAL: Environmental Specialist GLENN S. ROBERTS Director of Public Works Assistant City Manager CMR:132:06 Page 3 of 3 CITY OF PALO ALTO COIqTP~ACT NO. C06115396 AGREEMENT BETWEEN THE CITY OF PALO ALTO A!qD SCS FIELD SERVICES FOR PROVISION OF SERVICES FOR LANDFILL ENVIRONMENTAL CONTROL SYSTEMS MAINTENANCE, MONITORING AND REPORTING This AGREEMENT is entered into March i, 2006, by and between the CITY OF PALO ALTO, a chartered city and a municipal corporation of the State of California ("CITY"), and Stearns, Conrad, Schmidt Consulting Engineers, Inc., dba: SCS Field Services, a corporation under the state of Virginia with offices located at 4707 Greenleaf Circle, Suite F, Modesto, CA 95356 ("CONSULTANT"). RECITALS The following recitals are a substantive portion of this Agreement. A. CITY desires to engage a consultant to perform maintenance, monitoring and reporting related to the Landfill’s gas and leachate control systems in connection with the Project ("Services"). B. CONSULTANT has represented that it and any subconsultants have the necessary professional expertise, qualifications, and capability, and all required licenses and/or certifications to provide the Services. C. CITY in reliance 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. D. CONSULTANT has agreed to perform the Services on the terms and conditions contained in this Agreement NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, this Agreement, the parties agree: AGREEMENT Section I. SCOPE OF SERVICES. CONSULTANT sha!l 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 to March i, 2007, and may be extended by CITY through it’s City Manager for up to an additional two (2) 12- 1 050310 CITY OF PALO ALTO CONTRACT NO. C06115396 month periods (each an "Additiona! TermH) for a maximum of thirty- six (36) consecutive months, subject to CITY Council’s annual approval of each current year’s budget and appropriation of funds, unless terminated earlier pursuant to Section 20 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. SECTION 4. COMPENSATION A. 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 nineteen thousand eight hundred eighty Dollars ($119,880.00). In the event Additiona! Services are authorized, the tota! compensation for services and reimbursable expenses shall not exceed one hundred thirty-one thousand eight hundred sixty-eight Dollars ($131,868.00). 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 performed 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". B. CONSULTANT’S compensation rates may be adjusted effective on the commencement of each Additional Term. The rates and fees 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 Term, 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 CONSULTANT’S compensation rates be increased by an amount exceeding five percent of the rates effective during the immediately preceding term.Any adjustment to CONSULTANT’S compensation rates shall be reflected in a written amendment to this agreement 050310 CITY OF PALO ALTO CONTRACT NO. C06115396 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 of personnel 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. Send all invoices to the CITY attention the Project Manager. The Project Manager is: Ron Arp, Dept.: Public Works, Operations Division, 3201 E. Bayshore Road, Palo Alto, CA 94303, Telephone: 650-496-6980. 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 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. Al! 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 WITE 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 al! charges and fees, and give all notices required by law in the performance of the Services. CONSULTANT shall report immediately to the CITY’s project manager, in writing, any discrepancy or inconsistency it discovers in the laws, ordinances, regulations, orders, and/or guidelines in relation to the Project of the performance of the Services. All documentation prepared by CONSULTANT shall provide for a completed project that conforms to all applicable codes, rules, regulations and guidelines that are in force at the time such documentation is prepared. SECTION 8. ERRORS/OMISSIONS. CONSULTANT shall correct, at no cost 050310 3 CITY OF PALO ALTO CONTRACT NO. C06115396 to CITY, any and all errors, omissions, or ambiguities in the work product submitted to CITY, provided CITY gives notice to CONSULTANT. SECTION 9. 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. The manner and means of conducting the Services are the responsibility of and under the control of CONSULTANT, except to the extent they are limit4d by applicable law and the express terms of this Agreement. CONSULTANT will be responsible for emp!oying or engaging all persons necessary to perform the Services. All contractors and employees of CONSULTANT are deemed to be under CONSULTANT’S exclusive direction and control. CONSULTANT shall be responsible for their performance. SECTION I0. 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 Ii.SiIBCONTRACTING. CONSULTANT shall not subcontract any portion of the work to be performed under this Agreement without the prior written authorization of the city manager or designee. SECTION 12. PROJECT MANAGEMENT. CONSULTANT will assign Anton Svorinich as the project director to have supervisory responsibility for the performance, progress, and execution of the Services. If circumstances or conditions subsequent to the execution of this Agreement cause the substitution of the project director or any other key personne! for any reason, the appointment of a substitute project director and the assignment of any key new or replacement personnel will 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 a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property. The city manager will represent CITY for all purposes under this Agreement. Ron Arp is designated as the project manager for the CITY.The project manager will be CONSULTANT’s point of contact 050310 4 CITY OF PALO ALTO CONTP~ACT NO. C06115396 with respect to performance, progress and execution of the Services. The CITY may designate an alternate project manager from time to time. SECTION 13. DUTIES of CITY. To assist CONSULTANT in the performance of the Services, CITY will furnish or cause to be furnished the specified services and/or documents described in Exhibit "A" and such other available information as may be reasonably requested by CONSULTANT. SECTION 14. OWNERSHIP OF MATERIALS. All drawings, plans, reports, specifications, calculations, documents, other materials and copyright interests developed or discovered by CONSULTANT or any other person engaged directly or indirectly by CONSULTANT to perform the services required hereunder shal! be and remain the property of CITY without restriction or limitation upon their use. Neither CONSULTANT nor its contractors, if any, shal! make any of such materials available to any individual or organization without the prior written approval of the city manager or designee. SECTION 15. AUDITS. CONSULTANT will permit CITY to audit, at any reasonable 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. To the fullest extent permitted by law, CONSLVmTANT 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 any person, property damage or any other loss, including all costs and expenses of whatever nature including attorneys fees, experts fees, court costs and disbursements ("Claims") resulting from, arising out of or in any manner related to performance or nonperformance by CONSULTANT, its officers, employees, or contractors under this Agreement, regardless of whether or not it is caused in part by an Indemnified Party. However, to the extent the Claim is caused by the active negligence, sole negligence or willful misconduct of an Indemnified Party, CONSULTANT’s indemnification obligations shall be reduced in proportion to the Indemnified Party’s share of liability. 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 party 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 050310 5 CITY OF PALO ALTO CONTRACT NO. C06115396 be deemed to be a waiver of any other term, covenant, condition, provisions, ordinance or law, or of any subsequent breach or violation of the same 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 the City of Palo Alto 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 Best’s Key Rating Guide ratings of A-:VII or higher which are admitted 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 materia!ly 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 ful! 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. 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 commencing and during the performance of the 050310 CITY OF PALO ALTO CONTRACT NO. C06115396 Services. SECTION 20.TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES. 20.1.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 (i0) days’ prior written notice thereof to CONSULTANT. Upon receipt of such notice, CONSULTANT will immediately discontinue its performance of the Services. 20.2.CONSULTANT may terminate this Agreement or suspend its performance of the Services by giving ten (i0) days prior written notice thereof to CITY, but only in the event of a substantial failure of performance by CITY. 20.3.Upon such suspension or termination, CONSULTANT shall deliver to the City Manager immediately any and all copies of studies, sketches, drawings, computations, and other 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. 20.4.Upon such suspension or termination by CITY, CONSULTThNT will be paid for the Sez-vices rendered or materials delivered to CITY in accordance with the scope of services on or before the effective date (i.e., i0 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 CONSULTA~TT’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 20.5. No payment, partia! payment, acceptance, or partia! acceptance by CITY will operate as a waiver on the part of CITY of any of its rights under this Agreement. SECTION 21.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 CONSULTThNT recited above 7 050310 CITY OF PALO ALTO CONTP~ACT NO. C06115396 SECTION 22. CONFLICT OF INTEREST 22.1.In accepting this Agreement, CONSULTANT covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services. 22.2.CONSULTANT further covenants that, in the performance of this Agreement, it will not employ subconsultantsj 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. 22.3. If the Project Manager determines that CONSULTANT is a "Consultant" as that term is defined by the Regulations of the Fair Politica! Practices Commission, CONSULTanT shal! be required and agrees to file the appropriate financial disclosure documents required by the Palo Alto Municipal Code and the Political Reform Act. SECTION 23. NONDISCRIMINATION. As set forth in Palo Alto Municipal Code section 2.30.510, CONSULTANT agrees 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, familia! status, weight or height of such person. CONSULTANT acknowledges that it has read and understands the provisions of Chapter 2.28 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof, and agrees to meet all requirements of Chapter 2.28 pertaining to nondiscrimination in employment, including completing the form furnished by CITY and set forth in Exhibit "E" SECTION 24.MISCELLANEOUS PROVISIONS. 24.1. This Agreement will be governed by the laws of the State of California. 24.2.In the event that an action is brought, the parties agree that tria! of such action will be vested exclusively in the state courts of California or in the United States District Court for the Northern District of California in the County of Santa Clara, State of California. 24.3.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. 050310 CITY OF PALO ALTO CONTRACT NO. C06115396 24.4.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 signed by the parties. 24.5.The covenants, terms, conditions and provisions of this Agreement will apply to, and will bind, the heirs, successors, executors, administrators, assignees, and CONSULTANTs, as the case may be, of the parties. 24.6.If a court of competent jurisdiction finds or rules 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. 24.7.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. 24.8.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 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 Agreement are no longer available. This Section 24.8 shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement. 050310 CITY OF PALO ALTO CONTP~ACT NO. C06115396 IN WITNESS 9~EREOF, the parties hereto have by their duly authorized representatives executed this Agreement on the date first above written. APPROVED AS TO FORM:CITY OF PALO ALTO Senior Asst. City Attorney Assistant City Manager APPROVED:SCS FIELD SERVICES Director of Administrative Services By : Name: Galen S. Petoyan Title: Sr. Vice President (If corpor~tlon: Presiden~ or Vice-Pr~siden~) By:. /<- ~ Name: Kay A. Sch]otfe]dt .... Title: ........ Asst. Corp. Sectv. (If corlDoration: S~cretarlz or Treasurer) Taxpayer Identification No. 54-0913440 (Compliance with Corp. Code § 313 is required if the entity on whose behalf this contract is signed is a corporation. In the alternative, a certified corporate resolution attesting to the signatory authority of the individuals signing in their respective capacities is acceptable) Attachments: (Note all the attachments below become part of-the final agreement) EXHIBIT "A" : EXHIBIT "B" : EXHIBIT "C" : EXHIBIT EXHIBIT "E": SCOPE OF WORK SCHEDULE OF PERFORMANCE COMPENSATION INSURANCE NONDISCRIMINATION COMPLIANCE FORM i0 050310 EXHIBIT A LANDFILL ENVIRONMENTAL CONTROL SYSTEMS MAINTENANCE, MONITORING AND REPORTING SCOPE OF WORK Background: The City of Palo Alto (City) owns and operates a 137-acre, Class III, municipal solid-waste landfill, 126 acres of which are permitted for waste disposal. The landfill site has historically been used for the disposal of solid waste since the 1930’s, although the more sophisticated till and cover type of operation was not instituted at the facility until the mid 1950’s. Approximately 76 acres of the 126-acre area permitted for refuse filling has undergone final closure with approximately 50 acres yet to be completely filled and closed. The first section to be closed (28 acres in 1990) has been converted into a passive park designated "Byxbee Park". Regulatory agencies with jurisdiction over the Palo Alto Landfill have mandated certain environmental control systems be installed at the facility, including a landfill gas (LFG) collection and emission control system and a leachate extraction system (LES). The LFG collection system consists of 92 vertical wells, 8 condensate sumps and approximately 17,000 linear feet of collection piping, consisting of 8 inch diameter header pipe and 4 inch lateral piping. Approximately 2,000 linear feet of piping is buried within Byxbee Park. All of the above-ground piping consists of welded HDPE pipe. The buried piping in Byxbee Park either consists of welded HDPE or PVC piping. The LFG is collected and piped to either: 1) the adjacent Palo Alto Water Quality Control Plant (WQCP) to be burned for the purpose of dewatering of sewage solids or 2) into a LFG flare located on the landfill footprint. The flare is utilized normally as a backup emission controldevice in case that the WQCP burners are down due to maintenance or repairs. Condensate from the LFG co!lection system is collected in PVC sumps and is then pumped into the LES. The LES consists of 21 vertical wells, 12,000 linear feet of collection piping consisting o f 4 inch header pipe and 2 inch lateral pipe plus an additional 12,000 linear feet of 1 inch welded HDPE piping utilized for the delivery of compressed air to operate the submersible leachate and condensate pumps. The compressed air is delivered from an onsite compressor to the "QED" (Clean Environmental) bottom-loading pneumatic pumps that are installed in each of the wells and sumps. The LES welt casings are constructed of six-inch HDPE or PVC pipe in older wells with blind flange heads. A set of 9 vertical piezometers are located within the landfill footprint and are utilized to measure leachate elevations within the refuse mass. General Requirements: This scope of work includes: 1) Performing routine LFG collection and emission control system maintenance, monitoring and reporting; 2) Performing routine LES maintenance; 3) Performing annual landfill flare stack emissions sampling, analyses and reporting; 4) Compiling and preparing the semi-annual Title V reports and provide miscellaneous engineering support 3/1/2006 Contract C06115396 Page 1 of ti EXHIBIT A services; and 5) Performing non-routine maintenance, repairs and temporary relocations of the LES and LFG systems. Contractor shall comply with all requirements of the Landfill’s Title V air permit (#A2721), the landfill’s permit to operate (Plant #2721) as well as to the Regulation 8, Rule 34 Bay Area Air Quality Management District’s (BAAQMD’s) regulations. The Contractor shall provide all necessary services, labor, tools, materials, equipment, vehicles, and instrumentation for the scope of services under this agreement including, but not limited to, four inch diameter fusion welder for joining high-density polyethylene (HDPE) pipe and well monitoring equipment (sounder, gas meters, etc.). These items of equipment are considered necessary items for the Contractor, and separate charges for use of these items in the course of the work, will not be paid by the City. Work performed by the Contractor under this scope of service will be subject to inspection and testing by the City of Palo Alto. Any work found to be defective or unsatisfactory shall be repaired or replaced by the Contractor at the Contractor’s expense. All routine operation, maintenance or monitoring work will take place either aboveground or in buried shallow vaults (tess than three feet in depth). The City will provide all applicable permits for work under this a~eement. Contactor will not be responsible for the overall quality of the gas with regard to trace components and will not take "generator status" for any waste produced at the landfill deemed hazardous. Personnel job titles and required experience levels are listed below. This agreement requires that all field personnel have the following minimum qualifications: SeniorTechnician (or equivalent) Five (5) years experience performing work on LFG and LES systems; Ability to tune and optimize the vacuum on the LFG collection system without supervision or close oversight; Ability to detect and repair LFG system and LES leaks and diagnose potential failures before they occur; General understanding of landfill regulations relating to the LES and LFG systems; and Ability and skill to make piping repairs, weld HDPE pipe and install temporary condensate sumps without supervision. All Senior Technicians (or equivalent) must be trained and certified in HDPE fusion welding. Technician (or equiYalent) ~Two (2) years experience performing work on LFG and LES systems; o Ability to detect and repair LFG system and LES leaks and diagnose potential failures before they occur; ~ General understanding of landfill regulations relating to the LES and LFG systems; and ¯ Ability and skill to make piping repairs, weld HDPE pipe and install temporary condensate sumps with supervision. All Technicians (or equivalent) must be trained and certified in HDPE fusion welding. The City may approve of field Technicians that do not have the minimal qualifications listed above on a case-by-case basis, and only when: 1) the scope of the Technician’s work is specific 3/1/2006 Contract C06115396 Page 2 of 11 EXHIBIT A to the Technician’s skil! set; and 2) the Technician has proper oversight and supervision by appropriately qualified personnel. The City will endeavor to allow unrestricted site access for Contractor personnel, equipment, and materials for the completion of the work. However, Contractor personnel shall be responsible for communication and coordination of the work with appropriate site City staff. Work To Be Performed Task 1 - Routine LFG System Maintenance, Well-Head Monitoring, Surface Monitoring and Reporting The Contractor shall provide a Senior Technician (or equivalent) with an experience and skill level defined above, at the hourly rates specified in the Fee Schedule for the performance of routine LFG system maintenance, well-head monitoring, surface monitoring and reporting. The Contractor shall perform Task 1 field services in a 520 hours budgeted per year. Senior Technician (or equivalent) Field Time Estimate breakdown for Task 1 One 8 hour day per week for well and component adjustment and monitoring (416 hours per year); One 8 hour day per quarter for stirface and component monitoring (32 hour per year); and Miscellaneous additional follow-up time for adjusting high-oxygen LFG wells (72 hours per year). Unless other wise specified by the City. A date-specific schedule or a set day of the week schedule shall be submitted by the Contractor for approval by City staff, and will specify when the LFG maintenance services are to be performed by the Contractor. Generally, Task 1 services will include the following: Inspection once per week of all 92 LFG well-heads, 8 condensate sumps, flare station and other valves, fittings and components; Monthly measurement of methane and non-methane organic compounds (NMOC), oxygen concentration and pressure within each well-heads. If the well head does not meet the standards of Regulation 8, Rule 34, Section 305, then the Contractor shall document and make adjustments and repairs (if necessary) following Regulation 8, Rule 34, Section 414 scheduling requirements. It is anticipated that some follow up visits will be necessary by the Senior Technician for the purpose of monitoring and adjusting wells with higch oxygen content. The Contractor shall make recommendations to the City for further repairs if necessary. Contractor shall compile the wellhead information, including all follow-up monitoring results and submit monthly reports to the City, within 21 days from the end of each month. in addition to the monthly well head monitoring, the Contractor shall monitor and compile records to support the LFG component quarterly leak monitoring requirements of the BAAQMD’s Regulation 8, Rule 34, Section 501 and 503. Separate Quarterly Component Monitoring reports shall be submitted to the City within 21 days from the end of each quarter. 3/1/2006 Contract C06115396 Page 3 of 11 EXHIBIT A Adjust/tune and optimize the vacuum on the individual wells in order to maximize methane extraction while minimizing oxygen intrusion into the landfill; Quarterly measurement of methane and NMOC concentration on the landfill surface in accordance with site surface monitoring plan and Regulation 8, Rule 34, Section 501 and 506. Contractor shall establish a portable wind station or obtain measurements from the Palo Alto Airport to document compliance with meteorological conditions during the monitoring events. A detailed written report summarizing the results of the monitoring activities shall be provided to the City within 21 days of the end of each quarter. A date- specific schedule shall be developed by the Contractor and submitted for approval by the City. Clearing flammable vegetation from collection lines and wells as needed; Weekly inspection of the flare station, including change out of the strip recorder and a download of the data logger. Document and collect all data including aIl startup, shutdown and malfunction paperwork. This maintenance includes inspection and minor preventive maintenance and such as annual cleaning of the flame arrestor, ensuring all components are in good working order such as valves, strip chart recorders, pressure gauges, alarms, louver controls, flow meters and blowers; Weekly minor repair of aged or damaged extraction system components; and o Compile all data from the tasks listed above to be utilized by Contractor in preparing the Title V Semi-annual reports (Task 4). These tasks shall be performed with due care and diligence and in a workman-like manner, with the goal to: Maximize methane extraction while minimizing oxygen intrusion into the landfill; Minimize the emissions of LFG to the atmosphere; Detect and correct deficiencies, inefficiencies and failures in the LFG collection and emission control system; and Identify leaks and potential leak risks as well as to repair the leak. The Contractor shall provide one (1) copy of all field records generated during on-site service before leaving the site for the day. Task 2 - Routine Leachate Extraction System (LES) Maintenance The Contractor shall perform the LES maintenance services on a weekly basis utilizing one Senior Technician or qualified Technician on-site eight hours per week, unless specified by the City. A date-specific schedule or day of the week schedule shall be developed by the Contractor and submitted for approval by the City. The Contractor’s schedule shall specify when the LES weekly maintenance services are to be performed by the Contractor. 3/1/2006 Conta’act C06115396 Page 4 of 11 EXHIBIT A Routine LES maintenance shall be performed with due care and diligence and in a workman-like manner with the goal to: Maximize the leachate extraction volume; Minimize the risk of leachate release or discharge other than to the sanitary sewer; Detect and correct deficiencies, inefficiencies and failures in the LES; and Accurately quantify leachate production rates at the time of the LES weekly survey and over the period since the previous survey. The LES weekly maintenance services shall include, but not be limited to the following tasks: 1)Make weekly routine observations of each LES well and record, on City supplied forms, the following information: Pump cycle counter reading; ~Discharge rate at time of observation; and ~Operational status of pump and well. 2) Perform weekly routine maintenance of each LES well including the following: .Inspect well head assemble for leaks and/or malfunctions; o Make routine adjustments and/or minor repairs as needed for proper operation of all components; *Record work performed and parts replaced on approved forms; and ~Note any evidence of fire, excessive LFG or any other unsafe condition and take corrective action or notify the Project Manager. Perform pump maintenance including the following: Remove one (1) pump and replace with a clean pump on a rotational basis pre- determined by the City of Palo Alto; Remove, replace and clean additional pumps as needed to maintain full operation of the system; o Clean all scale and debris from the removed pump(s) and make minor adjustments and/or repairs as needed; *Record work performed and parts replaced on City furnished forms; and *Maintain pump maintenance supplies and pump services area in an orderly condition. 4)Inspect leachate out-fall complex including: ¯Record digital pH meter reading; ®Change pH graph; ¯Change pH meter battery when needed; o Inspect the sampling valve; o Inspect main shut-off valve; and o Inspect overall assembly for leaks and general operation. 5) Inspect and record leachate level depths of 9 piezometers; 3/1/2006 Contract C06115396 Page 5 of I 1 EXHIBIT A 8) 9) Contractor shall enter collected field data onto an MS Excel spreadsheet provided by the City. Contractor shall evaluate the data and discharge calculation results (performed by the spreadsheet) for normal discharge volume discrepancies. Based on the data from the spreadsheet, Contractor shall determine a course of action for maintenance and/or troubleshooting leachate well/pump failures. The Contractor shall perform all repairs as needed. Contractor shall inspect and perform routine maintenance on one (1) air compressor including the following: Compressor: ¯Automatic drain; o Oil/water separator; ¯Oil level (top as needed); o Air filter (replace as needed); and o Change oil and replace oil filter every 5000 hrs Contractor shall provide one (1) copy of all field records generated during the LES weekly service including a completed copy of the LES weekly Inspection Form. Contractor shall deliver the records to the City before leaving the site on the day of service. Quarterly Survey and Maintenance Service -The Contractor shall perform a quarterly survey and maintenance service on the LES on a date-specified schedule to be approved by the City. The quarterly survey and maintenance service shall include the following: Inspect and survey leachate wells, components, and piping: o Inspect entire length of Ieachate collection piping and air delivery lines for leaks and deterioration; o Free piping from vegetation observing locations and conditions of pipes and hosing; Clean and lubricate all valves and connections. Make routine adjustments and!or minor repaired as needed; Inspect check valves located at each wellhead for proper operation. If check valve allows back-flow, clean or replace; o Record work performed. Record observations including status of each well and its respective components, such as pump, counter and check valve; Prepare and submit a brief system assessment report on a quarterly basis. This report shall summarize all maintenance performed on the LES, as well as providing recommendations for future maintenance on an individual well basis during each quarter. b. Inspect and perform routine maintenance, by a Gardner Denver factory trained service representative, on the LES compressor Electric Saver II; Model no. EBE99N, including the following: 3/1/2006 Contract C06t 15396 Page 6 of 11 EXHIBIT A Drain and refill oil. Dispose of oil in conformance with all local, state and federal regulations; Replace air filter(s); Test motor amperage; Tighten all bolts, clamps and connections; and Perform any other factory recommended tasks. 10) Other activities associated with the routine maintenance of the LES under this scope of services include, but are not limited to: Disconnection and removal of lateral collection pipes and air delivery lines from extraction wells; Extension of vertical extraction wells to facilitate refuse operations (including removal of well-head assembly, removal of pumps and hoses, reinstallation of pumps and hoses, reinstallation of well-head assemblies; ,Reconnection of lateral collection pipes and air delivery lines to extraction wells; *Relocation of lateral collection pipes and air delivery lines; ~Installation of heavy equipment crossings; *Repair of problems including, but not limited to compressor, pump, wellhead assembly, clogged collection lines, etc.; o Fabrication or procurement of gas-tight well-head assemblies; ,~Procurement and assembly of down-well hoses and ropes; ~Connection of new wells to LES; and ~Aid in fire detection and suppression when associated with extraction wells. Task 3 Landfill Flare Stack Emission Sampling, Analytical Testing and Reporting The flare source test shall be conducted by Contractor on the Surlite Flare in accordance with the Title V Major Facility Review Permit No, A2721, dated October 13, 2004, Condition 1028, Item Nos. 15 and 16 including determination of flare destruction efficiency. Also; in accordance with Item No. 15 of the permit the Bay Area Air Quality Management District (BAAQMD) shall be notified by Contractor at least 14 days in advance of the test and compliance plan for the source test xvill be submitted to the agency. A report summarizing the results of the source test shall be submitted to the City and BAAQMD within 45 days of completion of the field. Task 4 Title V Semi-Annual Reporting and Engineering Services Contractor’s scope of xvork for Task 4 is outlined below and includes report preparation in compliance with the Title V permit and Bay Area Air Quality Management District (BAAQMD) Rule 8-34, as listed below. Title V Semi-Annual Monitoring Report (Two Reports) The Title V permit for the City of Palo Alto Landfill includes a requirement for the preparation and submittal of semi-annual monitoring reports associated with permit compliance. Contractor shall collect the required information for completion of these reports and prepare the reports on behalf of the City of submittal to the BAAQMD. City will provide data and documentation for 311/2006 Contract C06115396 Page 7 of 11 EXHIBIT A Title V monitoring in a timely and complete manner for inclusion in the report, with the exception of information Contractor maintains in-house on the landfill gas (LFG) system. A draft of the report shall be provided to the City for review prior to submittal. The final report shall incorporate City’s comments and will be signed by the City’s responsible official. Semi-Armual Rule 8-34 Annual Reports {Two Reports) Contractor shall prepare the semi-annual Rule 8-34 annual reports required by the BAAQMD. Contractor shall collect the necessary data to complete this reports under Section 411 of Rule 8- 34. The reports shall be developed in the format prescribed by the BAAQMD. Draft versions of the reports shall be prepared and submitted to the City for review prior to final submittal to the BAAQMD. The semi-annual reports will contain the following information, as required: 1) Operating Records Required by Section 501: a)All collection system downtime, including individual well shutdown times, length of time for shutdown, and the reason for the shutdown. All periods greater than five (5) days when the collection system was not operating. b)All emission control system downtime, length of time for shutdown, and the reason for the shutdown. Description and duration ofalt periods when the control device was not operating for greater than one (1) hour and the length of time that the device was not operating. c)Continuous temperature records (chart recorder information) for all operating flares and any enclosed combustors with a listing of the dates/times when flare temperature went below limit allowed in the Title V permit and any times when temperature gauge was off- line or not operational. d) Monthly LFG flow rates readings. e)Records of all quarterly LFG system component leak testing, including monitoring dates, leak concentration by volume if in excess of 1,000 parts per million, by volume (ppmv), location of leak, date of discovery, the action taken to repair the leak, date of repair, date of any required re-monitoring, and the re-monitored concentration in ppmv. f)Annual waste acceptance rate and the current amount of waste in-place (to be provided by the City). Records of the nature, location, amount, and date of deposition of nondegradable wastes, for any landfill areas excluded from the collection system requirement as documented in the Gas Collection and Control System (GCCS) Design Plan (to be provided by the City). 3/1/2006 Contract C06115396 Page 8 of 11 EXHIBIT A h)Continuous gas flow rate records chart recorder information) with a listing of the dates/times when flow rate went above limit allowed in the Title V permit and any times when the flow meter was off-line or not operational. i)Records of all quarterly surface emissions monitoring, including monitoring dates, surface emission concentration by volume if in excess of 500 ppmv, location of exceedance, date of discovery, the action taken to repair the exceedance, date of repair, date of any required re-monitoring, and the re-monitored concentration in ppmv. For monthly wellhead monitoring (temperature, vacuum, and oxygen or nitrogen content), records of all monitoring dates and any excesses of the limits stated in Section 8-34-305 and below (or alternative limits approved in the Title V Permit), including well identification number, the measured excess, the action taken to repair the excess, and the date of repair, date of any required re-monitoring, and the re-monitored value. i) Monthly recording of gauge pressure at al! wellheads (all wells must operate under negative pressure conditions). ii) Monthly monitoring of oxygen or nitrogen concentrations at all wellheads (oxygen must not exceed 5 percent or nitrogen over 20 percent). iii) Monthly monitoring of temperatures at all wellheads (temperature shall not exceed 55°C (131°F)). 2)Calibration information for monitoring equipment used for the various monitoring activities listed above (e.g., OVA, GEM-500 unit, flow meter, temperature, etc.). 3)Description and duration of all period when the gas stream was diverted from the control device through a bypass line. 4)The date of installation and location of all wells or system expansions as the result of monitoring exceedances during previous reporting period. 5)Data upon ;vhich the density of well and equipment sizing were based. 6)Gas generation rate estimates. 7)Provisions for increasing LFG extraction capacity as gas generation increases. 8)The provisions for the control of LFG migration. Note that the Rule 8-34 annual reports will be combined with the Title V semi-annual reports as required by the Title V permit; however, unique reports will be developed for each so that all of the required information is contained within. Also, as a result of the Maximum Achievable Control Technology (MACT) standard, the semi-annual reports will also include sections on the start-up, shutdown, and malfunction (SSM) plan implementation during the reporting period. 3/!/2006 Contract C06115396 Page 9 of 11 EXHIBIT A Annual Compliance Certification (One Report) The Title V permit for the City of Palo Alto Landfill also includes a requirement for the preparation and submittal of an annual compliance certification. Contractor shall collect the required information for completion of a report to accompany this certification and prepare the report on behalf of the City for submittal to the BAAQMD. This scope of work assumes that any City provided documentation associated with any compliance activities for Title V will be provided to Contractor in a timely and complete manner for inclusion in the report for any items not already completed by Contractor. A draft of the report shall be provided to the City for review prior to submittal. The final report would incorporate City’s comments. The final report and certification will be signed by the responsible official at the City. City Provided Items City will provide site access for the site inspection, if necessary. The City will pay any fees directly to the BAAQMD, if any. The City’s review time for the draft report will take no more than 5 working days. The City will provide waste tonnages disposed. Task 5 - Non-Routine Maintenance and Repairs and Other Support Services. Contractor shall provide as requested by the City, on-call support services to be authorized as additional services in accordance with Exhibit C, including: manpower; equipment; instrumentation; and materials in accordance with the fee Schedule for this task and the rate schedule supplied by the Contractor. This work shall occur only after approval from the City. Non-routine maintenance and repairs may include but not be limited to: 1) Providing qualified personnel that shall respond to the LFG flare alarms (24 hours per day, seven days per week). The Contractor shall respond to the call out and be on-site within four (4) hours notice in the event of emergency repairs associated with the flare system. 2) Attending meetings with the BAAQNID or other agency staff. 3) The Contractor shall provide laborer(s) and technicians(s), at rates specified in the proposal for duties associated with the non-routine maintenance of the LFG or LES systems. At the City’s request, the Contractor shall: a) b) Attend meetings with City staff, to review status/condition of the LES ro LFG system. Provide written recommendations for repairs or upgrades that are outside the routine maintenance tasks. 3/112006 Contract C06115396 Page 10ofll EXHIBIT A c)Provide laborers and technicians to undertake projects requested by the City, including, but not limited to: o Disconnection and removal of lateral collection pipes from LFG and LES extraction wells; o Extension of vertical extraction wells to facilitate refuse filling operations; ,,Recormection of lateral collection pipes; ~Installation of heavy equipment crossings; ~Repair of damaged LFG and LES extraction system components; and o Connection of new LFG and LES wells to the system. Other Engineerin~ Services On occasion the Contractor may be asked as an additiona! service to evaluate the performance and design of the gas system using the services of a qualified LFG engineer. Contractor shall provide engineering services for duties including, but not limited to possible system design and equipment changes. End Scope of Work 3/1/2006 Contract C06I t5396 Page 11 of 11 CITY OF PALO ALTO CONTP~ACT NO.C06115396 EXHIBIT"B" SCHEDULE OFPERFORMANCE CONSULTANT shall perform the Services in accordance with the time periods set forth in Exhibit A as agreed with the City’s project manager. All services shall be completed within 365 days from issuance of the City’s Notice to Proceed. 1 050310 CITY OF PALO ALTO CONTRACT NO.C06115396 EXHIBIT "C" COMPENSATION The CITY agrees to compensate the CONSULTANT for 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 $119,880.00. 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 $131,868.00. 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 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 $119,880.00 and the total compensation for Additional Services does not exceed $11,988.00. BUDGETSCHEDULE AMOUNT NOT TO EXCEED Task 1 (Routine LFG system maintenance, monitoring & reporting) Task 2 (Routine LES maintenance) $38,268 $20,384 Task 3 (Landfill flare stack emission sampling, testing & reporting) Task 4 (Title reporting) $7,500 $20,000 Task 5 (Non-routine maintenance, repairs & other support services)$24,948 050310 CITY OF PAL0 ALTO CONTRACT NO. C06115396 Sub-total Basic Services Reimbursable Expenses $1 1,100 Total Basic Services and Reimbursable expenses $119,880 Additional Services (Not to Exceed)$11,988 Maximum Total Compensation $131,868 Field labor time for routine LFG or LES work shall be billed at the hourly rates specified in the Contractor’s fee schedule and shall be based only on time worked at the Palo Alto Landfill. No additional compensation for travel and mileage to or from the landfill shall be billed. REIMBURSABLE EXPENSES CITY shall reimburse CONSULTANT for reimbursable expenses including, postage, mileage and other miscellaneous costs, at cost plus 10%. 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. ADDITIONAL SERVICES The CONSULTANT shall provide 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 maximum compensation, including reimbursable expense, for such services based on the rates set 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. Overtime rates shall be applicable to appropriate situations such as emergency call-outs or repairs requiring Contractor services beyond normal working hours (7:00 am to 5:00 pm Monday through Friday) or for maintenance and repair tasks when overtime has been authorized by the City. The Contractor shall provide appropriate documentation to support all invoices. 2 050310 Exhibit C-1 2006-2007 Fee Schedule Job Title Project Manager Foreman/Superintendent (or Equivalent) Senior Technician (or Equivalent) Price per Hour $135 $85 $63 Technician (or Equivalent) Laborer (or Equivalent) Office Assistant (or Equivalent) $49 $49 $48 Notes: 1) Separate charges will not be paid for tools, instruments, pipe welder (up to 4-inch diameter), vehicles or other equipment necessary to perform routine maintenance, monitoring and repairs associated with Tasks 1 and 2. 2) Billed hours for Tasks 1 and 2 include time at the landfill only. Separate charges will not be paid for travel time or mileage. EXHIBIT D ACORD,. PRODUCER INSURED CERTIFICATE OF LIABILITY INSURANCE page 1 of 3 877-945-7378 Willis North America, inc. -Regiona! Cert Center 26 Century Blvd. P.O. Box 305191Nashville, TN 372305191 SCS Engineers SCS Field Services SCS Energy 3900 Kilroy Airport Way Long Beach, CA 90806-6816 DATE 03/06/2006 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTSUPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOESNOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDEDBY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC# INSURERA: Zurich American Insurance Company I 27855-700 INSURERS: Zurich American Insurance Company 127855-001 INSURERC: Zurich-American Insurance Company 27855-003 INSURERD: Steadfast Insurance Company 25387-001 I INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN tS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POL}CIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ~NSR [ADD’L~1 POLICY NUMBER POLICY EFFECTIVE POL CY EXP RAT ON !LTR }NSRD TYPE OF INSURANCE DATE [MMIDDfYY)DATE tMMIDDfYY)LIMITS A X i GENERALLIABILITY GL0804440411 i4/I/2005 4/1/2006 EACH OCCURRENCE iS I, 000, 000¯ ~ OAMAGE TO RENTED4MERCIALGENERAI~LiABILITY PREMISES Eaoccurence i $i t 000 z 000 I i i CU,~.~S~,ADE ~ OCCUR,IMEDEXP(Anyonep .....)iS 10, 000[ i I ’1,ooo oooI PERSONAL &ADVINJURY I $, ~i IGENERALAGGREGAT~E i~ 000, 000 G~EN’L AGGREGATE LIMIT APPLIE.____S PER:$ 1 000 000 {~I POLICY I~X i JEcTPRO"I,! LOC i PRODUCTS - COMPtOP AGG B X AUTOMOBILE LIABILITY TX TAP523004604 4/1/2005 4/1/2006 COMBINED SINGLE LIMIT ~z X~ANYAUTO AOS ~AP804440511 4/1/2005 4/1/2006 {r-aacdde,~0 ,’IS 1,000,000 ~ALLOWNEDAUTOS BODILY INJURY __~ SCHEDULED AUTOS (Per person) ~HIRED AUTOS BODILY INJURY I NON-OWNED AUTOS ~ {Per accident). PROPERTY DAMAGE (Per accidenl) i GARAGE LIABILFrY AUTO ONLY - ~ ACCIDENT ~ANY AUTO OTHER THAN~AUTO ONLY:AGG i EXCESS LIABILITY =.EACH OCCURRENCE $ ~ OCCUR ~ CLAI.’.tS MADE AGGREGATE DEDUCTIBLE l , RETENTION .$ [4/1/2 ! WCSTATU’I 10 ’1CWORKERS COMPENSATION AND AOS WC543484101 4/1/2005 006 X I TORYLIMITS.EMPLOYERS" LIABILITY !~ IANY PROPRIETOPJPARTNER/EXECUTtVE i I E.L. EACH ACCIDENT ,$lt000t000 OFFICEPJMEMBER EXCLUDED?i E.L. DISEASE- EA EMPLOYEEI $i t 000 t 000 If yes, describe under t ’SPECIAL PROVISIONSbelow ,! E.L. DISEASE- POLICY LIMIT I $ 1 r 000 t 000 D OTHER 1PEC7930000!I 4/1/2005 4/1/2006 IProfessional/Enviror~ment ’$i0,000 , 000 Each Occurrence ,$i0,000, 000 Aggregate I $50,000 Deductible DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIEXCLDSIONSADDED BY ENDORSEMENT/SPECIAL PROVISIONS THIS VOIDS AND REPLACES PREVIOUSLY ISSUED CERTIFICATE DATED: 6/2/2005 WITH ID: 5816672 Workers Compensation Coverage: TheProprietor/ Partners/Executive Officers are Included The Certificate Holder is named as Additiona! Insured under the General Liability coverage per the attached endorsement. The insurance is Primary per the policy form. CERTIFICATE HOLDER CANCELLATION ~==,,~ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL ~X:9~IS~u~MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LE~~~L City of Palo Alto ~=*~ ~ ~----~ ~,~M,~XA ttn:p. O.Palo Alto,B°x i02500ffiCecA°f 94303City Clerk-Purchasing Manager AU~y~ ION 1988© AC~RD CORPORAACORD 25 (2001108)Coli:1560682 Tpi:359702 Cert:699~460 W ll s ~RODUCER INSURED CERTIFICATE OF LIABILITY INSURANCE Page 2 of 3 877-945-7378 Wi!lis North America, Inc. - Regional Cert Center 26 Century Blvd. P. O. Box 305191Nashville, TN 37230~191 INSURERA: Zurich American Insurance Company INSURER B: Zurich American Insurance Company INSURERC: Zurich-America~ Insurance Company lNSURERD:Steadfast Insurance Company tNSURERE: SCS Engineers SCS Field Services SCS Energy 3900 Kilroy Airport Way Long Beach, CA 90806-6816 DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS DATE 03/06/2006 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIONONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC# 27855-700 27855-001 27855-003 26387-001 The Certificate Holder is named as Additional Insured under the Automobile Liability coverage per policy form. SCS Job # 07202068.00 - Contract # C 6115396 Maintenance services, Landfill envirorunenta! control systems, for The City of Pa!o Alto, Palo Alto, CA Coli:1560682 Tpi:359702 Cert:6999460 Page 3 of 3 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). tf SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08)Coli:1560682 Tpi:359702 Cert:6999460 Additional Insured - Automatic - Owners, Lessees Or Contractors - Broad Form ZURICH Policy No. ] Elf. Date ofPol. ] Exp.,Date ofPol. ] Elf. Date of End. Producer Add’l. Prem. Return Prem. ’~L0804440411 41112005 4/112006 $ ......... $ THIS ENDORSEMENT CH.4aNGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part WHO IS AN INSURED (Section II) is amended to include as an insured any person or organization xvhom you are required to add as an additional insured on this policy under a written contract or written agreement. The insurance provided to additional insureds applies only to "bodily injury", "property damage" or "personal and advertising injury" covered under Section I, Coverage A, BODILY INJURY AND PROPERTY DAMAGE LIABILITY and Coverage B, PERSONAL AND ADVERTISING INJURY LIABILITY, but only if: 1.The "bodily injury" or "property damage" results from your negligence; and 2.The "bodily injury", "property damage" or "personal and advertising injury" results directly from: a.Your ongoing operations; or b. "Your work" completed as included in the "products-completed operations hazard", performed for the additional insured, which is the subject of the written contract or written agreement. However, regardless of the provisions of paragraphs A. and B. above: 1. We will not extend any insurance coverage to any additional insured person or organization: a.That is not provided to you in this policy; or b.That is any broaded coverage than you are required to provide to the additional insured person or organization in the written contract or written agreement; and 2.We will not provide Limits of Insurance to any additional insured person or organization that exceed the lower of: a.The Limits of Insurance provided to you in this policy; or b.The Limits of Insurance you are required to provide in the written contract or written ageement. The insurance provided to the additional insured person or organization does not apply to: 1."Bodily injury", "property damage" or "personal and advertising injury" that results solely from negligence of the additional insured; or UOGL-1175-A CW (9/03) Page 1 or 2 Includes copyrighted material of Insurance Services Office, Inc. with its permission. 2."Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering or failure to render any professional architectural, engineering or surveying services including: a.The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and b.Supervisory, inspection, architectural or engineering activities. The additional insured must see to it that: 1.We are notified as soon as practicable of an "occurrence" or offense that may result in a claim: 2.We receive written notice of a claim or "suit" as soon as practicable; and 3.A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by another insurer under which the additional insured also has rights as an insured or additional insured. The insurance provided by this endorsement is primary insurance and we will not seek contribution from any other insurance available to any additional insured person or organization unless the other insurance is provided by a contractor other than you for the same operations and job location. Then we will share with that other insurance by the method described in paragraph 4.c. of SECTION IV- COMMERCIAL GENERAL LIABrLITY CONDITIONS. Any provisions in this Coverage Part not changed by the terms and conditions of this endorsement continue to apply as written. U-GL-1175-A CW (9103) Page 2 of 2 EXHIBIT E Certification of Nondiscrimination As suppliers of goods or services to the City of PaiD 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. Date: If Proposer is INDIVIDUAL, sign here: Proposer’s Signature Proposer’s typed name and title If 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: Date: Member of the Partnership or Joint Venture signature The undersigned certify that they are respectively: Senior Vice President and Title Member of the Partnership or Joint Venture signature If Proposer is a CORPORATION, the duly authorized officer(s) shall sign as follows: Vice President 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. Stearns, Conrad and Schmidt Consulting Engineers, Inc. dba SCS Engineers/SCS Corpc Name (type or print) #ield Services/SCS Energy By:Date: i/6/06 Title: Senior Vice Pre,’ ident By:. h Ayst ~r Title:Vice President Date: i/6/06 City of Paid Alto - RFP115396 Page 1 of 1