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HomeMy WebLinkAbout2004-10-04 City Council (3)TO: FROM: C *y of Palo Allto Ci,y Manager’s Report HONORABLE CITY COUNCIL I 0 CITY MANAGER DEPARTMENT: PUBLIC WORKS DATE: SUBJECT: OCTOBER 4, 2004 CMR:434:04 APPROVAL OF CONTRACT WITH RAINES, MELTON & CARELLA, INC. IN THE AMOUNT OF $150,000 FOR THE PREPARATION OF A DISINFECTION ALTERNATIVES WORK PLAN RECOMMENDATION Staff recommends that Council: Approve and authorize the Mayor to execute the attached contract with Raines, Melton & Carella, Inc. (RMC) in the amount of $150,000 for the preparation of the Disinfection Alternatives Work Plan. Authorize the City Manager or his designee to negotiate and authorize RMC to perform related, additional work that may develop during the project, the total value of which shall not exceed $15,000. DISCUSSION Scope of Services Description The scope of work to be performed under the contract is for consultant services to assist the RWQCP and its stakeholders to become knowledgeable in the available disinfection technologies in order to screen the options with respect to the RWQCP long-term goals. The objective is to get acceptance and support by an array of stakeholders representing the community’s environmental and socioeconomic interests, on selecting the options for detailed study. The project will also obtain consensus and formulate a work plan to properly evaluate the selected options. The end result of this project would be an acceptable list of alternatives for evaluation, and a detailed work plan to evaluate the alternatives. The subsequent evaluation would lead to an ultimate disinfection process, acceptable by the communities, for the RWQCP. Please see Exhibit "A" of the attached contract (Attachment A) for the complete scope of services. It is of utmost importance that the project be structured to provide an open forum for public participation. Facilitation and documentation of stakeholder workshops and discussions is crucial to the success of the project. The consultant’s technical knowledge CMR:434:04 Page 1 of 3 and ability to present information in an un-biased manner is essential to ensure an open public process. Background The RWQCP uses chlorine, a conventional but controversial chemical, to disinfect its treated water prior to discharge to the Bay. Elimination / minimization of chlorine use is a core element of several long-term goals that were established for the RWQCP by its stakeholders during the Long-term Goals Study (LTGS). The RWQCP is committed to evaluate various disinfection technologies that would replace the use of chlorine. The evaluation of disinfection technologies for wastewater treatment would later involve extensive and lengthy pilot studies at the plant using live waste-streams. The RWQCP needs to be efficient, selective, and effective in evaluating alternatives. This project would re-engage the stakeholders in a decision/prioritization process that was developed with the stakeholders during the LTGS. The decision/prioritization process will help screen the world of options, build consensus, and select a number of disinfection alternatives for evaluation. Summary of Solicitation Process Staff recommends retaining RMC for the project for several reasons: RMC was the consultant for the LTGS. The selection committee for the LTGS consisted of representatives from the public, partner-cities, and the RWQCP. The request-for-proposal for the LTGS consultant specified that the City also anticipated using the selected consultant for additional related studies arising out of the LTGS such as this disinfection alternatives study. Since the LTGS request-for-proposal covered this work, an additional solicitation was not required. °RMC has established a good relationship with the stakeholders. Their ability to communicate and understand the issues has been instrumental to the RWQCP in building trust and gaining acceptance from the stakeholders. 3. RMC developed the decision/prioritization process that would be used in this study. 4.The RWQCP, the stakeholders, and partners are satisfied with RMC’s performance in the LTGS. 5.RMC’s rate is competitively structured, and their proposed fee is reasonable for the level of public participation and complexity of this project. The Certification of Nondiscrimination is Attachment B. CMR:434:04 Page 2 of 3 RESOURCE IMPACT Funds for the Disinfection Alternatives Work Plan have been appropriated under the FY 2004-2005 Wastewater Treatment Enterprise Fund. This study would lead to further research and testing, and final implementation of a replacement disinfection process for the RWQCP. Costs for the subsequent works are unknown at this point. All subsequent resource impact will be forwarded to Council for approval prior to commitments. POLICY IMPLICATIONS Recommendations of this staff report are consistent with existing City policies. ENVIRONMENTAL REVIEW This contract involves feasibility and planning studies for possible selection of a new disinfection method at the RWQCP, and is exempt from review under the California Environmental Quality Act pursuant to Title 14 California Code of Regulations section 15262. ATTACHMENTS Attachment A: Contract with Scope of Project and Time Schedule Attachment B: Certification of Nondiscrimination PREPARED BY:Daisy Stark, Senior Engineer RWQCP William D. Miks, Manager RWQCP GLENN S. ROBERTS Director of Public Works CITY MANAGER APPROVAL: Assistant City/Manager CMR:434:04 Page 3 of 3 ATTACHMENT A CONTRACT NO. BETWEEN THE CITY OF PALO ALTO AND RAINES, MELTON & CA/LELLA, INC. FOR CONSULTING SERVICES This Contract No.is entered into , by and between the CITY OF PAL0 _ALTO, a chartered city and a municipa! corporation of the State of California ("CITY"), and RAINES, MELTON & CARELLA, INC., a California corporation located at 2290 North First Street, Suite 212, San Jose, CA 95131 ("CONSULTANT"). RECITALS: WHEREAS, CITY desires certain professional consulting services ("Services") and the preparation and delivery of, without limitation, one or more sets of documents, drawings, maps, plans, designs, data, calculations, surveys, specifications, schedules or other writings ("De!iverab!es") (Services and De!iverables are, collectively, the "Project"), as more fully described in Exhibit "A"; and W~EREAS, CITY desires to engage CONSULTANT, including its emp!oyees, if any, in providing the Services by reason of its qualifications and experience in performing the Services, and CONSULTANT has offered to complete the Project on the terms and in the manner set forth herein. NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Contract, the parties agree: SECTION i. TERM !.! This Contract will commence on the date of its execution by CITY, and wil! terminate upon the completion of the Project, unless this Contract is earlier terminated by CITY. Upon the receipt of CITY’s notice to proceed, CONSULTANT will commence work on the initia! and subsequent Project tasks in accordance with the time schedule set forth in Exhibit "A". Time is of the essence of this Contract. in the event that the Project is not completed within the time required through any fault of CONSULTANT, CITY’s city manager wil! have the option of extending the time schedule for any period of time. This provision wil! not preclude the recovery of damages for delay caused by CONSULTANT. SECTION 2.SCOPE OF PROJECT; CHANGES & CORRECTIONS 2.1 CONSULTanT shall perform the Services and prepare and deliver the Deliverables in accordance with the Scope of Work attached as E~nibit "A" and to the satisfaction of City. 040923 sm 0100294 2.2 CITY may order substantial changes in the scope or character of the Project, either decreasing or increasing the amount of work required of CONSULTANT. In the event that such changes are ordered, subject to the approval of CITY’s City Council, as may be required, CONSULTANT will be entitled to full compensation for all work performed prior to CONSULTANT’s receipt of the notice of change and further will be entitled to an extension of the time schedule. Any increase in compensation for substantial changes will be determined in accordance with the provisions of this Contract. CITY will not be liable for the cost or payment of any change in work, unless the amount of additional compensation attributable to the change in work is agreed to, in writing, by CITY before CONSULTANT commences the performance of any such change in work. 2.3 Any and all errors, omissions, or ambiguities in the Deliverables, which are discovered by CITY will be corrected by CONSULTANT at no cost to CITY, provided CITY gives notice to CONSULTANT. SECTION 3. CONSULTANT QUALIFICATIONS, STATUS, AND DUTIES OF 3.1 CONSULTANT represents and warrants that it has the expertise and professional qualifications to furnish or cause to be furnished the Services and Deliverables. CONSULTANT further represents and warrants that the project director and every individual, including any consultant (or contractors), charged with the performance of the Services are duly licensed or certified by the State of California, to the extent such licensing or certification is required by law to perform the Services, and that the Project will be executed by them or under their supervision. CONSULTANT wil! furnish to CITY for approval, prior to execution of this Contract, a list of all individuals and the names of their employers or principals to be employed as consultants. 3.2 In reliance on the representations and warranties set forth in this Contract, CITY hires CONSULTANT to execute, and CONSULTANT covenants and agrees that it will execute or cause to be executed, the Project. 3.3 CONSULTANT will assign Tom Richardson as the project director to have supervisory responsibility for the performance, progress, and execution of the Project. Helene Kubler will be assigned as the project coordinator who will represent CONSULTANT during the day-to-day work on the Project. If circumstances or conditions subsequent to the execution of this Contract cause the substitution of the project director or project coordinator for any reason, the appointment of a substitute project 040923 sm 010029~t director or substitute project coordinator will be subject to the prior written approva! of the project manager. 3.4 CONSULTANT represents and warrants that it will: 3.4.1 Procure all permits and licenses, pay all charges and fees, and give all notices which may be necessary and incident to the due and lawfu! prosecution of the Project; 3.4.2 Keep itself fully informed of all existing and future Federal, State of California, and local laws, ordinances, regulations, orders, and decrees which may affect those engaged or emp!oyed under this Contract and any materials used in CONSULTANT’s performance of the Services; 3.4.3 At all times observe and comply with, and cause its employees and consultants, if any, who are assigned to the performance of this Contract to observe and comply with, the laws, ordinances, regulations, orders and decrees mentioned above; and 3.4.4 Will report immediately to the project manager, in writing, any discrepancy or inconsistency it discovers in the laws, ordinances, regulations, orders, and decrees mentioned above in relation to the Deliverables. 3.5 Any Deliverables given to, or prepared or assembled by, CONSULTANT or its consultants, if any, under this Contract will become the property of CITY and will not be made available to any individual or organization by CONSULTANT or its consultants, if any, without the prior written approval of the city manager. 3.6 CONSULTANT will provide CITY with copies, in the number specified in Exhibit "A", of documents, which are a part of the Deiiverables upon their completion and acceptance by CITY. 3.7 If CITY requests additional copies of any documents which are a part of the Deliverables, CONSULTANT will provide such additional copies and CITY will compensate CONSULTANT for its duplicating costs. 3.8 CONSULTANT will be responsible for employing or engaging all persons necessary to execute the Project. All consultants of CONSULTANT wil! be deemed to be directly controlled and supervised by CONSULTANT, which will be responsible for their performance. If any employee or consultant of CONSULTANT fails or refuses to carry out the provisions of this Contract or appears to be incompetent or to act in a disorderly or improper manner, the employee or consultant will be discharged immediately from further performance under this Contract on demand of the project manager. 040923 sm 0100294 3.9 In the execution of the Project, CONSULTANT and its consultants, if any, will at all times be considered independent contractors and not agents or employees of CITY. 3.10 CONSULTANT will perform or obtain or cause to be performed or obtained any and all of the following Additional Services, not included under the Basic Services, if so authorized, in advance and in writing, by CITY: 3.10.1 Providing services as an expert witness in connection with any public hearing or meeting, arbitration proceeding,or proceeding of a court of record; 3.10.2 Incurring travel and subsistence expenses for CONSULTANT and its staff beyond those normally required under the Basic Services; 3.10.3 Performing any other Additional Services that may be agreed upon by the parties subsequent to the execution of this Contract; and 3.10.4 Other Additional Services now or hereafter described in Exhibit "A" to this Contract. 3.11 CONSULTANT will be responsible for employing al! consultants deemed necessary to assist CONSULTANT in the performance of the Services. The appointment of consultants must be approved, in advance, by CITY, in writing, and must remain acceptable to CITY during the term of this Contract. SECTION 4. DUTIES OF CITY 4.1 CITY will furnish or cause to be furnished the services listed in Exhibit "A" and such information regarding its requirements applicable to the Project as may be reasonably requested by CONSULTANT. 4.2 CITY will review and approve, as necessary, in a timely manner the Deliverables and each phase of work performed by CONSULTANT. CITY’s estimated time of review and approval wil! be furnished to CONSULTANT at the time of submission of each phase of work. CONSULTANT acknowledges and understands that the interrelated exchange of information among CITY’s various departments makes it extremely difficult for CITY to firmly establish the time of each review and approval task. CITY’s failure to review and approve within the estimated time schedule wil! not constitute a default under this Contract. 4.3 The city manager will represent CITY for all purposes under this Contract. Daisy Stark is designated as the 040923 sm 0100294 4 project manager for the city manager. The project manager will supervise the performance, progress, and execution of the Project. 4.4 If CITY observes or otherwise becomes aware of any default in the performance of CONSULTANT, CITY will use reasonable efforts to give written notice thereof to CONSULTANT in a timely manner. SECTION 5. COMPENSATION 5.1 CITY will compensate CONSULTANT for the following services and work: 5.1.1 In consideration of the full performance of the Basic Services, including any authorized reimbursable expenses, CITY will pay CONSULTANT a fee not to exceed One Hundred Fifty Thousand dollars ($150,000). The amount of compensation will be calculated in accordance with the hourly rate schedule set forth in Exhibit "B", on a time and materials basis, up to the maximum amount set forth in this Section. CONSULTANT expressly agrees that it can perform the Basic Services described in Exhibit ’~A" for a sum not to exceed One Hundred Fifty Thousand Dollars ($150,000). The fees of the consultants, who have direct contractual relationships with CONSULTANT, will be approved, in advance, by CITY. CITY reserves the right to refuse payment of such fees, if such prior approval is not obtained by CONSULTANT. 5.1.2 CONSULTANT’s compensation for any authorized Additional Services shal! not exceed Fifteen Thousand Dollars ($15,000). CITY’s project manager shall not authorize and CONSULTANT shall not perform any Additional Services that would result in a cost exceeding such amount. Prior to commencing any Additional Services, CITY through the project manager, and CONSULTANT shall agree in writing upon the scope of work, schedule and maximum compensation for such services. Compensation shall be based on the rates set forth in Exhibit "B". In no event shall CONSULTANT work, which is necessary due to CONSULTANT’s errors or oversights, be authorized or paid for as an Additiona! Service. 5.1.3 The maximum compensation for this Contract shall not exceed One Hundred Sixty Five Thousand Dollars ($165,000). 5.1.4 The rate schedules may be updated by CONSULTANT only once each calendar year, and the rate schedules will not become effective for purposes of this Contract, unless and until CONSULTANT gives CITY thirty (30) days’ prior written notice of the effective date of any revised rate schedule. 5.1.5 Only the direct personnel expense of employees assigned to the execution of the Project by CONSULTANT shal! be 040923 sm 0100294 5 compensated. Included in the cost of direct personnel expense of these employees are salaries and mandatory and customary benefits such as statutory em_mloyee benefits, insurance, sick leave, holidays and vacations, pensions and similar benefits. 5.2 The schedule of payments will be made as follows: 5.2.1 Payment of the Basic Services will be made in monthly progress payments in proportion to the quantum of services performed, or in accordance with any other schedule of payment mutually agreed upon by the parties, as set forth in Exhibit or within thirty (30) days of submission, in triplicate, of such requests if a schedule of payment is not specified. Final payment will be made by CITY after CONSULTANT has submitted al! Deliverables, including, without limitation, reports which have been approved by the project manager. 5.2.2 Payment of the Additional Services will be made in monthly progress payments for services rendered, within thirty (30) days of submission, in triplicate, of such requests. 5.2.3 No deductions will be made from CONSULTANT’s compensation on account of penalties, liquidated damages, or other sums withheld by CITY from payments to general contractors. SECTION 6. ACCOUNTING, AUDITS, OWNERSHIP OF RECORDS 6.1 Records of the direct personnel expenses and expenses incurred in connection with the performance of Basic Services and Additional Services pertaining to the Project will be prepared, maintained, and retained by CONSULTANT in accordance with generally accepted accounting principles and wil! be made available to CITY for auditing purposes at mutually convenient times during the term of this Contract and for three (3) years following the expiration or earlier termination of this Contract. 6.2 The originals of the Deliverables prepared by or under the direction of CONSULTANT in the performance of this Contract wil! become the property of CITY irrespective of whether the Project is completed upon CITY’s payment of the amounts required to be paid to CONSULTANT. These originals will be delivered to CITY without additional compensation. CITY w±ll have the right to utilize any final and incomplete drawings, estimates, specifications, and any other documents prepared hereunder by CONSULTANT, but CONSULTANT disclaims any responsibility or liability for any alterations or modifications of such documents. // // 040923 sm 0100294 SECTION 7. INDEMNITY 7.1 CONSULTANT agrees to protect, indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents, from any and all demands, claims, or liability of any nature, including death or injury to any person, property damage or any other !oss, caused by or arising out of CONSULTANT’s, its officers’, agents’, consultants’ or employees’ negligent acts, errors, or omissions, or willful misconduct, or conduct for which applicable law may impose strict liability on CONSULTANT in the performance of or failure to perform its obligations under this Contract. SECTION 8. WAIVERS 8.1 The waiver by either party of any breach or violation of any covenant, term, condition or provision of this Contract or of the provisions of any ordinance or law wil! not be deemed to be a waiver of any such covenant, term, condition, provision, ordinance, or law or of any subsequent breach or violation of the same or of any other covenant, term, condition, provision, ordinance or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder will not be deemed to be a waiver of any preceding breach or violation by the other party of any covenant, term, condition or provision of this Contract or of any applicable law or ordinance. 8.2 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 Contract. SECTION 9. INSURANCE 9.1 CONSULTANT, at its sole cost and expense, will obtain and maintain, in full force and effect during the term of this Contract, the insurance coverage described in Exhibit "C", insuring not only CONSULTANT and its consultants, if any, but also, with the exception of workers’ compensation, employer’s liability and professiona! liability insurance, naming CITY as an additional ~insured concerning CONSULTANT’s performance under this Contract. 9.2 All insurance coverage required hereunder will 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 consultants of CONSULTANT retained to perform Services under this Contract will obtain and maintain, in full force and effect during the term of this Contract, identical insurance coverage, naming CITY as an additional insured under such policies as required above. // 7 040923 sm 0100294 9.3 Certificates of such insurance, preferably on the forms provided by CITY, will be filed with CITY concurrently with the execution of this Contract. The certificates wil! be subject to the approval of CITY’s risk manager and wil! contain an endorsement stating that the insurance is primary coverage and will not be canceled or altered by the insurer except after filing with the CITY’s city clerk thirty (30) days’ prior written notice of such cancellation or alteration, and that the City of Palo Alto is named as an additional insured except in policies of workers’ compensation, employer’s liability, and professiona! liability insurance. Current certificates of such insurance will be kept on file at all times during the term of this Contract with the city clerk. 9.4 The procuring of such required policy or policies of insurance will not be construed to limit CONSULTANT’s liability hereunder nor to fulfill the indemnification provisions of this Contract. Notwithstanding the policy or policies of insurance, CONSULTANT will be obligated for the full and total amount of any damage, injury, or loss caused by or directly arising as a result of the Services performed under this Contract, including such damage, injury, or loss arising after the Contract is terminated or the term has expired. SECTION i0.WORKERS’ COMPENSATION i0.i CONSULTANT, by executing this Contract, certifies that it is aware of the provisions of the Labor Code of the State of California which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and certifies that it will comply with such provisions, as applicable, before commencing the performance of the Project. PROJECT SECTION ii.TERMINATION OR SUSPENSION OF CONTRACT OR ii.i The city manager may suspend the execution of the Project, in whole or in part, or terminate this Contract, with or without cause, by giving thirty (30) days’ prior written notice thereof to CONSULTANT, or immediately after submission to CITY by CONSULTANT of any completed item of Basic Services. Upon receipt of such notice, CONSULTANT will immediately discontinue its performance under this Contract. 11.2 CONSULTANT may terminate this Contract or suspend its execution of the Project by giving thirty (30) days’ prior written notice thereof to CITY, but only in the event of a substantial failure of performance by CITY or in the event CITY 040923 sm 0100294 8 indefinitely withholds or withdraws its request for the initiation or continuation of Basic Services or the execution of the Project. 11.3 Upon such suspension or termination by CITY, CONSULTANT will be compensated for the Basic Services and Additional Services performed and Deliverables received and approved prior to receipt of written notice from CITY of such suspension or abandonment, together with authorized additional and reimbursable expenses then due. If the Project is resumed after it has been suspended for more than 180 days, any change in CONSULTANT’s compensation will be subject to renegotiation and, if necessary, approval of CITY’s City Council. If this Contract is suspended or terminated on account of a default by CONSULTANT, CITY will be obligated to compensate CONSULTANT only for that portion of CONSULTANT’s services which are of direct and immediate benefit to CITY, as such determination may be made by the city manager in the reasonable exercise of her discretion. 11.4 In the event of termination of this Contract or suspension of work on the Project by CITY where CONSULTANT is not in default, CONSULTANT will receive compensation as follows: 11.4.1 For approved items of services, CONSULTANT will be compensated for each item of service fully performed in the amounts authorized under this Contract. 11.4.2 For approved items of services on which a notice to proceed is issued by CITY, but which are not fully performed, CONSULTANT will be compensated for each item of service in an amount which bears the same ratio to the total fee otherwise payable for the performance of the service as the quantum of service actually rendered bears to the services necessary for the ful! performance of that item of service. 11.4.3 The total compensation payable under the preceding paragraphs of this Section will not exceed the payment specified under Section 5 for the respective items of service to be furnished by CONSULTANT. 11.5 Upon such suspension or termination, CONSULTANT will deliver to the city manager immediately any and all copies of the Deliverables, whether or not completed, prepared by CONSULTANT or its consultants, if any, or given to CONSULTANT or its consultants, if any, in connection with this Contract. Such materials will become the property of CITY. 11.6 The failure of CITY to agree with CONSULTANT’s independent findings, conclusions, or recommendations, if the same are called for under this Contract, on the basis of differences in matters of judgment, wil! not be construed as a failure on the part of CONSULTANT to fulfill its obligations under this Contract. 040923 sm 0100294 SECTION 12.ASSIGNMENT 12.1 This Contract is for the personal services of CONSULTANT, therefore, CONSULTANT will not assign, transfer, convey, or otherwise dispose of this Contract or any right, title or interest in or to the same or any part thereof without the prior written consent of CITY. A consent to one assignment will not be deemed to be a consent to any subsequent assignment. Any assignment made without the approval of CITY will be void and, at the option of the city manager, this Contract may be terminated. This Contract will not be assignable by operation of law. SECTION 13.NOTICES 13.1 All notices hereunder will be given, in writing, and mailed, postage prepaid, by certified mail, addressed as follows: To CITY:Office of the City Clerk City of Palo Alto Post Office Box 10250 Palo Alto, CA 94303 To CONSULTANT: Attention of the project director at the address of CONSULTANT recited above SECTION 14.CONFLICT OF INTEREST 14.1 In accepting this Contract, CONSULTANT covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services. 14.2 CONSULTANT further covenants that, in the performance of this Contract, it will not employ contractors or persons having such an interest mentioned above. CONSULTANT certifies that no one who has or will have any financial interest under this Contract is an officer or employee of CITY; this provision will be interpreted in accordance with the applicable provisions of the Palo Alto Municipal Code and the Government Code of the State of California. SECTION 15.NONDISCRIMINATION 15.1 As set forth in the Palo Alto Municipal Code, no discrimination will be made in the employment of persons under this Contract 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 i0 040923 sm 0100294 person. If the value of this Contract is, or may be, five thousand dollars ($5,000) or more, CONSULTANT agrees to meet all requirements of the Palo Alto Municipal Code pertaining to nondiscrimination in employment, including completing the requisite form furnished by CITY and set forth in Exhibit "D". 15.2 CONSULTANT agrees that each contract for services from independent providers will contain a provision substantially as follows: "[Name of Provider] will provide CONSULTANT with a certificate stating that [Name of Provider] is currently in compliance with all Federal and State of California laws covering nondiscrimination in employment; and that [Name of Provider] will not discriminate in the employment of any person under this contract because of the age, race, color, nationa! origin, ancestry, religion, disability, sexual preference or gender of such person." 15.3 If CONSULTANT is found in violation of the nondiscrimination provisions of the State of California Fair Employment Practices Act or similar provisions of Federal law or executive order in the performance of this Contract, it will be in default of this Contract. Thereupon, CITY will have the power to cancel or suspend this Contract, in whole or in part, or to deduct the sum of twenty-five do!lars ($25) for each person for each calendar day during which such person was subjected to discrimination, as damages for breach of contract, or both. Only a finding of the State of California Fair Employment Practices Commission or the equivalent federal agency or officer will constitute evidence of a breach of this Contract. SECTION 16. MISCELLANEOUS PROVISIONS 16.1 CONSULTANT represents and warrants that it has knowledge of the requirements of the federal Americans with Disabilities Act of 1990, and the Government Code and the Health and Safety Code of the State of California, relating to access to public buildings and accommodations for disabled persons, and relating to facilities for disabled persons. CONSULTANT will comply with or ensure by its advice that compliance with such provisions will be effected pursuant to the terms of this Contract. 16.2 Upon the agreement of the parties, any controversy or claim arising out of or relating to this Contract may be settled by arbitration in accordance with the Rules of the American Arbitration Association, and judgment upon the award rendered by 040923 sm 0100294 11 the Arbitrators may be entered in any court having jurisdiction thereof. 16.3 This Contract will be governed by the laws of the State of California, excluding its conflicts of law. 16.4 In the event that an action is brought, the parties agree that trial of such action will be vested exclusively in the state courts of California or in the United States District Court for the Northern District of California in the County of Santa Clara, State of California. 16.5 This document represents the entire and integrated Contract 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. 16.6 All provisions of this Contract, whether covenants or conditions, will be deemed to be both covenants and conditions. 16.7 The covenants, terms, conditions and provisions of this Contract will apply to, and will bind, the heirs, successors, executors, administrators, assignees, and consultants, as the case may be, of the parties. 16.8 If a court of competent jurisdiction finds or rules that any provision of this Contract or any amendment thereto is void or unenforceable, the unaffected provisions of this Contract and any amendments thereto will remain in full force and effect. 16.9 All exhibits referred to in this Contract and any addenda, appendices, attachments, and schedules which, from time to time, may be referred to in any duly executed amendment hereto are by such reference incorporated in this Contract and wil! be deemed to be a part of this Contract. 16.10 This Contract may be executed in any number of counterparts, each of which will be an origina!, but al! of which together wil! constitute one and the same instrument. 16.11 This Contract is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code. This Contract will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fisca! year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Contract are no longer available. This Section 16.12 will take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Contract. 12 040923 sm 0100294 IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Contract on the date first above written. ATTEST:CITY OF PALO ALTO City Clerk Mayor APPROVED AS TO FORM: RAINES, MELTON & CARELLA Senior Asst. City Attorney APPROVED: Assistant City Manager By: Name: Director of Administrative Services Director of Public Works By Name: Title: Risk Manager Taxpayer Identification No. Attachments: EXHIBIT "A":- EXHIBIT "B"" EXHIBIT "C": EXHIBIT "D": (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) SCOPE OF PROJECT &TIME SCHEDULE RATE SCHEDULE INSURANCE NONDISCRIMINATION COMPLIANCE FORM 040923 sm 0100294 13 CERTIFICATE OF ACKNOWLEDGMENT (Civil Code § 1189) STATE OF COUNTY OF On 2~/$[P~"~$~, 2004, before me, the undersigned, a Notary Public in and for said County and State, personally appeared me or proved to me on the basis of satisfactory evidence to be the person(~) whose name(~) is/~e subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her~4~e~r authorized capacity(i~s@-, and that by his/h~ signature~6~ on the instrument the person(29~, or the entity upon behalf of which the person~ acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public IIHIIIIIIIIIHIIIIII IlllIII llImIIIIIIIIIIH~I WILLIAM F. BRONNER COMM. NO. 1378031 NOTARY PUBLIC - CALIFORNIASANTA CUaA COUNTY COMM. EXPIRES NOV. 1,2006iIIIIIIIIIIIDIIllIlIIHOlilliIII NOTARY PUBLIC STATE OF CA ~ F. BRONNER ~ # 1878031 EXP NOV 1,2006 COUNTY OF SANTA CLARA 040923 sm 0100294 14 CERTIFICATE OF ACKNOWLEDGMENT (Civil Code § 1189) c0 TY 0r 0n~D{ ~W)-~~, 2004, before me, the undersigned, a Not@ry Public in and for said County and State, personally appeared me or proved to me on the basis of satisfactory evidence to be the person(~) whose name(~ is/~e subscribed to the within instrument and acknowledged to me that he/s~/-~ executed the same in his/h~ authorized capacity(i-e~, and that by his/h~_’_ signature(~) on the instrument the person(s~, or the entity upon behalf of which the person(! acted, executed the instrument° WITNESS my hand and official seal. Signature of Notary Public WJUJAM F. BRONNER 1878031 EXP NOV O31JNTY OF SANTA CLARA 040923 sm 0100294 15 EXHIBIT "A" SCOPE OF WORK DISINFECTION ALTERNATIVES WORK PLAN For the PALO ALTO REGIONAL WATER QUALITY CONTROL PLANT In general, the consultant shall assist the RWQCP and its stakeholders to become knowledgeable of the available disinfection technologies, screen the options with respect to the RWQCP long-term goals, obtain consensus and agreement on the selected options for .detailed study, and formulate a work plan to properly evaluate the selected options. Facilitation and documentation of stakeholder workshops and discussions shall be an integral part of the consultant scope of work. The documented process and the final report shall be suitable for use as supportive documents for the future environmental review process for the ultimate disinfection system in the RWQCP. Background: In February 2003, the RWQCP, with the assistance of RMC, completed the second phase of a Long Term Goals Study (LTGS). During the course of the study, the RWQCP and its stakeholders developed a decisioniprioritization process to be used to evaluate projects using the long-term goals. The RWQCP and its stakeholders also "ramped up" on a short-term Case Study Project (Disinfection Alternatives Study) using the developed decision/prioritization process. The Disinfection Alternatives Study was selected for the case study because the RWQCP uses chlorine, a conventional but controversial chemical, for disinfection. Elimination / minimization of use of chlorine is a core element in several of the long-term goals established for the RWQCP by the stakeholders during the LTGS. The RWQCP is committed to evaluate alternative disinfection technologies. The evaluation of disinfection technologies for wastewater treatment involves extensive and lengthy pilot studies at the plant using live waste-streams. The RWQCP needs to be efficient, selective, and effective in performing the disinfection alternatives evaluation. The decision/prioritization process would provide an open forum for public participation to screen and select the disinfection alternatives for evaluations. The evaluation would lead to an ultimate disinfection process for the RWQCP. Several limitations to the Case Study were identified at that stage of the planning process for the Disinfection Alternatives Study: Regulation requirements identified in the NPDES permit are necessary to further develop the alternatives and identify a recommended alternative. Since the NPDES permit modification was not available at the time of the study, the Case Study could only be partially performed. Palo Alto Regional Water Quality Control Plant Disinfection Alternatives Work Plan c: daisy data fi es",documeqt d s nfection scose of v,or" ~oc Regulation requirements identified in the NPDES permit are also necessary to define disinfection process-specific design criteria. Lacking this information, the Disinfection Alternatives Study could only be conducted at a very qualitative level. Potential synergies between the disinfection process and other processes at the RWQCP (the evaluation of ultrafiltration as a disinfection option provided the best example of this synergy) could not be captured as the focus was on "disinfection" only. The stakeholders noted this shortcoming, and recommended that disinfection strategies be further developed as part as a Plant-Wide Master Planning effort rather than as a stand-alone activity. The NPDES permit modifications were completed in August 2003. The RWQCP is now looking to re-engage with the stakeholders to finalize the Disinfection Alternatives Study using the developed decision!prioritization process and to establish a work plan to complete the planning for the Plant’s ultimate disinfection needs Objectives: The RWQCP wants to address the shortcoming identified in the Case Study by including the tertiary as wel! as disinfection processes as part of this study. Accordingly, the objectives of this study are as follows: Re-engage with the LTGS stakeholders and continue to provide a forum for stakeholder involvement and input. Obtain consensus Develop a detailed Work Plan to properly evaluate the selected options for the RWQCP’s Disinfection Process. The ultimate goal of this study is to get acceptance and support, by an array of stakeholders representing the community’s environmental and socioeconomic interests, of a Work Plan to properly evaluate a manageable number of probable disinfection technologies that would lead to the ultimate selection of a disinfection process for the RWQCP. Approach and Consultant Scope of Services: Similar to Phases 1 and 2 of the LTGS, the study would be structured to provide an open forum to solicit public opinion through the RWQCP’s website and a series of workshops. Task 1 - Detailed Study Approach/Workshop No. 1 ¯Update/expand list of stakeholders (up to 1 meeting with the RWQCP to discuss) ¯Meet/interview with key stakeholders to identify issues (up to 4 separate interviews/meetings) ,Prepare material for Workshop No. 1 (up to 1 preparation meeting with the RWQCP) including, but not limited to: 1. Agenda Palo Alto Regional Water Quality Control Plant Disinfection Alternatives Work Plan 2.Memorandum detailing the proposed study approach (including background information, goals and objectives for this study, stakeholder process) 3.PowerPoint presentation highlighting the key elements of the proposed study approach 4. Boards (as needed, up to 4) Conduct Workshop No.1. Workshop objectives will include, but not be limited to.." (1) report on status of planning effort, (2) provide background information on LTGS for new stakeholders, (3) present and discuss goals and objectives for this study, (4) present and discuss stakeholder process, (5) present a summary of disinfection technologies, and (6) brainstorm issues (issues identified during Phase 1 and 2 of the LTGS will be used as a starting point) Prepare workshop minutes and finalize memo detailing proposed study approach Deliverables : 1. Workshop material, including agenda, boards, copies of draft memorandum and PowerPoint presentation (if any) (30 black and white copies) 2. Workshop minutes (1 electronic copy) 3. Final study approach (30 black and white copies, 1 electronic copy) Task 2 - Rega~lation Requirements. Disinfection Options. Syner~ies with Other Treatment Processes/Workshop No. 2 Prepare material for Workshop No. 2 (up to 2 preparation meetings with the RWQCP) including, but not limited to: 1. Agenda 2. Fact sheets describing all disinfection options identified during the LTGS-Phase 2, any new options, and new regulation and/or permit requirements pertinent to disinfection. The fact sheets developed as part of the LTGS-Phase 2 for some of the disinfection options (disinfection with chlorine gas, chlorination with sodium hypochlorite, UV disinfection, ozonation, ultra-filtration, and nano-filtration) will be used as a starting point. 3. Fact sheet on synergies of disinfection alternatives with other treatment processes (such as filtration) and how to capture them as part of the evaluation process. 4. Fact sheets on methods to offset the shortcomings of some options (such as green energy for UV disinfection). 5. Fact sheet on other treatment processes, as needed. For the basic scope, include work to develop two additional fact sheets. 6. PowerPoint presentation summarizing information provided in the fact sheets 7. Boards (as needed, up to 4) ,Conduct Workshop No.2. Workshop objectives will include, but not be limited to: (1) discuss the regulation requirements, (2) present updated information on disinfection options, (3) present and discuss synergies with other treatment processes, (4) present and update list of criteria identified in the LTGS-Phase 2 (including capita! cost, O&M costs, energy consumption, hazardous chemical usage, production of non-recyclable elements), and (5) identify specific issues/questions that will need further research Prepare workshop minutes Deliverables: Palo Alto Regional Water Quality Control Plant Disinfectbn Alternatives Work Plan 1.Workshop material, including agenda, boards, presentation, if any (30 black and white copies) 2.Workshop minutes (1 electronic copy) copies of fact sheets and PowerPoint Task 3 -Disinfection Alternatives Development/Workshop No. 3 Prepare material for Workshop No. 3 (up to 2 preparation meetings with the RWQCP) including, but not limited to: 1. Agenda 2. Revised disinfection option fact sheets. Revised fact sheets will include detailed information for each disinfection option (including capital cost, O&M costs, energy consumption, hazardous chemical usage, production of non-recyclable elements, etc) and answers to questions raised during Workshop No. 2 3. Loaded prioritization model 4. Boards (as needed, up to 2) ,Conduct Workshop No. 3. Workshop objectives will include, but not be limited to: (1) present details of disinfection alternatives, (2) run screening process, (3) discuss results and conclusions, and (4) outline Disinfection Process Planning Work Plan. Prepare workshop minutes Deliverables." 1. Workshop material, including agenda, boards, copies of revised fact sheets (30 black and white copies) 2. Workshop minutes (1 electronic copy) Task 4 - Disinfection Alternatives Evaluation/Workshop No. 4 Prepare material for Workshop No. 4 (up to 1 preparation including, but not limited to: 1.Agenda 2.Final prioritization runs and screened alternatives meeting with the RWQCP) 3.Draft Disinfection Process Planning Work Plan including need technical studies, further research and description of future process 4. Boards (as needed, up to 4) for pilot studies, Conduct Workshop No. 4. Workshop objectives will include, but not be limited to: (1) finalize suite of screened disinfection alternatives, (2) discuss draft Disinfection Process Planning Work Plan, and (3) develop next steps Prepare workshop minutes Deliverables." 1. Workshop material, including agenda, Work Plan (30 black and white copies) 2. Workshop minutes (1 electronic copy) boards,copies of draft Disinfection Process Planning Task 5 - Report Preparation Prepare an administrative draft report documenting the process, and summarizing the issues and discussion held and the outcomes of the study (similar format as LTGS report with workshop minutes and fact sheets included in the Appendices) Palo Alto Regional Water Quality Control Plant Disinfection Alternatives Work Plan Review and address City comments and prepare draft report Review and address stakeholder comments and prepare final report Deliverables: 1.Admin Draft Report (3 color copies, 1 electronic copy) 2.Draft Report (20 color copies, 1 electronic copy) 3.Final Report (30 color copies, 1 electronic copy) Task 6 - Proiect Management RMC shall provide consultant scope, budget and schedule tracking for this study. RMC shall provide written summaries of project status on a monthly basis when submitting invoice. RMC shall maintain on-going communication with the City Project Manager through phone conversation and e-mail. RMC shall coordinate and attend up to 6 progress meetings at the RWQCP to update the City Project Manager on project status. Deliverables: 4.Monthly invoice and progress report 5.Progress meeting agenda and minutes (as needed) 6.PowerPoint presentation (1 electronic copy) Additional Services: Once the detailed study approach has been finalized based on stakeholders input and/or during the course of the study, the RWQCP and RMC may identify the need to perform services above and beyond those specified in Tasks 1 through 6 (e.g. additional workshops, additional fact sheets). RMC may be required to perform additional services listed below on an as-needed basis. Consultant shall perform the additional services upon written authorization by the City. Payment for the additional services shal! be time and expense based on the schedule of charges but not to exceed the contract amount for additional services as indicated in the consultant’s agreement. Additional services may include: Conduct additional workshops Prepare facts sheets on additional technologies Prepare out-reach materials Prepare for and attend City Council meetings Attend meetings with regulatory agencies Subsequent Consultant Services: Upon completion of the Disinfection Alternatives Work Plan, the City will review the funding availability, the schedule, and proceed with the work plan. City may issue a request for proposal for the subsequent consultant services, or request that RMC perform the subsequent services. The Palo Alto Regional Water Quality Control Plant Disinfection Alternatives Work Plan detailed subsequent consultant services will be established at that time. Consultant services may include the following tasks: S1 $2. S3. $4 $5 Design and set up pilot studies Perform technica! / environmental studies Assist in pilot studies and data collections Evaluate data, sampling, and testing Prepare recommendations and final report on alternatives In general, the subsequent Project Schedule: The project shall start within 7 days after the contract is fully executed. The project schedule shall be designed to accommodate the public and interested parties. However, the final report shall be completed before December 20, 2005. Consultant shall establish a detailed schedule showing the critical path and time line for each task at the beginning of the project. The Consultant shall update and maintain the schedule throughout the project. Payment: Progress payments for consultant services shall reflect the amount of effort and percent completion. The cumulative payment shall not exceed the completed percent of the total project fee based on the completed tasks or deliverabtes. *** END *** Palo Alto Regional Water Quality Control Plant Disinfection Alternatives Work Plan Classification Principal III Principal II Principal I Exhibit "B" 2004 RMC RATE SCHEDULE 2004 Hourly Billing Rate $215 $195 $185 Sr Project Manager III Sr Project Manager II Sr Project Manager I $185 $18o $175 Project Manager III Project Manager II Project Manager I $175 $165 $155 Project Engineer/Planner III Project Engineer/Planner II Project Engineer/Planner I $145 $135 $125 Assistant Engineer/Planner $100 Senior Designer/Senior Graphic Artist Designer/Graphic Artist $115 $1oo Contracts Manager Senior Administrator Administrator $110 $1o0 $90 1. The individual hourly rates include salary, overhead and profit. The hourly rates also include ordinary expenses, including telecommunications, computer usage, and regular reproduction jobs. Subconsultants will be billed at actual cost plus 10%. 2. RMC reserves the right to adjust its hourly rate structure at the beginning of the calendar year for all ongoing contracts. RMC will provide advance notice of any rate changes affecting current contracts in accordance with Section 5.1.4. 3. Other direct costs (ODCs), such as large reproduction jobs, excluding mileage and travel expenses, will be charged at actual cost plus 10%. All travel and meal expenses shall comply with the City of Palo AIto’s Policy and Procedures for travel arrangements and expense reimbursements. By signing this Contract acknowledges receipt of the City of Palo AIto’s Policy and Procedures for travel arrangements and expense reimbursements. 4. Large plots produced in-house by RMC will be billed at a flat fee of $50 per plot. CERTIFICATE OF PRODUCER Dealey, Renton & Associates P. O. Box 12875 Oakland, CA 94604-2675 5" t65-3090 David Eckman IN~,~ED Raines, Melton & Carella, Inc. 2001 N. Main Street, Suite 400 Walnut Creek, GA 94596 COVERAGES ~.~LL"IJ_I~ L l LIABILITY INSURANCE DATE (MM/D D/YY)07/ol/04 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS U~N THE CERTIFICATE HO~ER. THIS CERTIFICATE DOES NOT AMEND, ~END OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE ~NSURER A:American Automobile Ins. Co. INSURER B: INSURER C: INSURER D: INSURER THE POUCIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY 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 POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POUClES. AGGREGATE UMiTS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRLTR TYPE OF ,NSURANOE G~EN’L AGGREGATE LIMIT APPLIES PER: !AUTOMQBII~ LIABI LITY ANY AUTO ALL OWNED AUTOS~SCHEDULED AUTOS HIRED AUTOS ~ NON-OWNED AUTOS ! ~RAGE UABILITY ANY AUTO EXCE SS UA B, LIT*’I’ MADEl--q occur F-q C,AIMS ~D EDUCTIBLE RETENTION A WORKERS COMPENSATION AN D EMPLOYERS’ LIABILITY OTHER POLICY NUMBER POLICY EFFECTIVE PO LICY EXPIRATIOI’,DATE MM/DD/YY) DATE (MM/DD/YY WZPS0923781 07/01/04 07/01J05 LI M ITS EACH OCCURRENCE FIRE DAMAGE (Any one fire MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS-COMPIOP AGG .~OMBINED SINGLE LIMIT f.Ea accident) BODILY INJURY(Per person) BODILY INJURY(Per accldenl) PROPERTY DAMAGE (Per accident) AUTOONLY-EAACCIDENT $ OTHERTHAN EAACC AUTO ONLY:AGG $ EACHOCCURRENCE $ AGGREGATE $ $ $ $ OTH-ERWC STATU-X TORYIIMITS E.L. EACH ACCIDENT I $1,000,000., E.LDISEASE-EA EMPLOYE ~ $1,ooo,ooo E.L DISEASE-POLICY LIMIT~ $1 r000~000 DES’CRIPTION OF OPERATIONSILOCATIONSIVEHICLESIEXCLUSIONS AD DED BY EN D~RSEMENT/SPECIAL PROVISIONS WORKERS COMPENSATION RENEWAL CERT1FIOATE of INSURANCE: This certificate of insurance exJqiblts the Workers Compensation renewal coverage, only, for a previously Issued certificate of Insurance. The previously issued certificate and endorsements for Coverages Other Than Workers Compensation are still valid and should be retained. (See Attached Descriptions) CERTIFICATE HOLDER t t ADDmONALINSUF~D;~NSURERL~CANCELLATION City of Paio Alto Attn: Femando Velez P.O. Box 10250 Palo Alto, CA 94303 SHOULD ANY OFTHE ABOVE DESCRIBED POUClES BECANC~ LLE D BEFOF~ THE EX:F~RATIO N DATETHEREOF,THEISSUING INSURERWILL~O MAIL3.Q~ DAYS W’RFTTEN NO’TICETO THE C1EsTnFqCATE HOLDERNAMEDTOTHE LEFT, ~ ~ OR AUTHORIZED~"’~ "~ ~------~ ~ REPRESE NTA~.~ DCE ® ACORD CORPORATION 1988ACORD 25-S (7197)1 of 2 #M105806 DESCRIPTIONS (Continued from Page 1) WAIVER OF SUBROGATION: The policy shown above contains a waiver of subrogation for any written contracts requiring same between the Certificate Holder and the Named Insured. (; --RAL LIABILITY ADDITIONAL INSURED: City of Palo Alto, its officers, agents & employees and councilmembers. ....AMS 25.3 (07/97) 2 of 2 #M105806 CERTIFICATE OF pp~E~UCER Dealey, Renton & Associates P. Do Box 12675 Oakland, CA 94604-2675 5 65-3090 David Eckman INSURED COVERAGES LIABILITY INSURANCE 11/o /03 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CER’flFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE Raines, Melton & Carella, Inc. 2001 N. Main Street, Suite 400 Walnut Creek, CA 94596 INSURER A: United States Fidelity & Guaranty ~NSURER B:Greenwlch Insuranoe Company INSURER C: IINSURER D: INSURER E: THE POUCIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FORTHE POLICY PERIOD INDICATED. NOTWITHS]’ANDING 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 POUCIES DESCRIBED HEREIN IS SUBJECTTOALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAiD CLAIMS. NSR POLICY EFFECTIVE LTR TYPE OF INSURANCE POLICY NUMBER DATE fMMIDDIY~ A GENERAL LIABlUTY BK01601133 I 10/14/03 X~ COMMERCIAL GENERAL LIABILITY j CLA~rJ, S ....uE~ A i OCCUR GEN’L AGGREGATE LIMITAPPLIES PER: "-’--] POLICY [~PRO"jFQT ~LOC AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS ~_~SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS A GARAGE LIABILITY ~_{ ANY AUTO EXCESS UABILITY ~ OCCUR [~ CLAIMS MADE "~ DEDUCTIBLE ~-] RETENTION $ WORKERS COMPENSATION AN D EMPLOYERS’ LIABILITY BK01601133 lo/14/o3 OTHER Professional PECO015164 10/! 4/03 Liability POLICY EXPIRATIONDATE i’M M / D D/Y’Iq lo/~4/04 10/14/04 LIMITS EACH OCCURRENCE $1,o00,0oo FIRE DAMAGE (Any one fire) $1 ~000~000 ME D EXP {Any one person) PERSONAL & ADV INJURY $1 ~000~000 GENERAL AGGREGATE s2,000,000 PRODUCTS-COMP/OP AGG $2f0001~ COMBINED SINGLE LIMIT $(Ea accldenl) BODILY INJURY $(Per person) BODILY INJURY $(Per accident) PROPERTY DAMAGE $(Per accident) AUTO ONLY- EA ACClDEN’i $ OTHER THAN EA ACC $ AUTO ONLY:AGG I $ EACH OCCURRENCE $4~000~000 AGGREGATE $4,000,000 $ WC STATU-OTHTORY LIMITS E.L EACH ACCIDENT E.L.DISEASE-EA EMPLOYEE $ E.L.D SEASE-POLICYLIMFf $ $2,000,000 per Claim $2,000,000 Annl Aggr. 10/14/04 DES’CRIPTION OF OPERATIONSILOCATIONSlVEHICLESlEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS GENERAL LIABILITY POLICY EXCLUDES CLAIMS ARISING OUT OF THE PERFORMANCE OF PROFESSIONAL I SERVICES. GENERAL LIABILITY ADDITIONAL INSURED: City of PaiD Alto, its officers, agents & employees and councilmembers. :ERTIFICATE HOLDER t t ADDmONALINSUF~D~INSUF{ERLETTER: City of PaiD Alto Attn: Fernando Velez P.O. Box 10250 PaiD Alto, CA 94303 CANCELLATION SHOU LD ANY 01= THE ABOVE DESCRIBE D POUGIES BE CANCE LLE D BEFOFIE TH~.E:XPP, AT}ON DATE THEREOF,THE ISSUING INSURER Wt LL~O MAI ~ DAYS WRITTE N NOTICE TO THE CER~FICA]~ HOLDER NAMED TO THE L.EE=T, ~S. DAG ® ACORD CORPORATION 1988ACORD 25-S (7/97)1 of 1 #M93978 PoEcy Number: BK01601133 Owners, Lessees or Contractors (Form B) ADDITIONAL INSURED Change(s) Effective: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance policy under the following: LIABILITY COVERAGE PART: Name of Person or Organization: City of Palo Alto Attn: Fernando Velez P.O. Box 10250 Palo Alto, CA 94303 Schedule SECTION 1] - WHO IS AN INSURED is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. GENERAL LIABILITY ADDITIONAL INSURED: City of Palo Alto, its officers, agents & employees and councilmembers. PRIMARY INSURANCE: IT IS UNDERSTOOD AND AGREED THAT THIS INSURANCE IS PRIMARY AND ANY OTHER INSURANCE MAINTAINED BY THE ADDITIONAL INSURED SHA~L BE EXCESS ONLY AND NOT CONTRIBUTING WITH THIS INSURANCE. NOTICE OF CANCELLATION: IT IS UNDERSTOOD AND AGREED THAT IN THE EVENT OF CANCELLATION OF THE POLICY FOR ANY REASON OTHER THAN NON-PAYMENT OF PREMIUM, 30 DAYS WRITTEN NOTICE WILL BE SENT TO THE CERTIFICATE HOLDER BY MAIL. IN THE EVENT THE POLICY IS CANCELLED FOR NON-PAYMENT OF PREMIUM, i0 DAYS WRITTEN NOTICE WILL BE SENT TO THE ABOVE. CLiBF 22 40 03 95 ATTACHMENT B CERTIFICATION OF NONDISCRIMINATION SECTION 410 PROJECT: DISINFECTION ALTERNATIVES WORK PLAN Certification of Nondiscrimination: As suppliers of goods or services to the City of Palo Alto, the firm and individuals listed below certify that they do not discriminate in employment with regards to age, race, color, religion, sex, national origin, ancestry, disability, or sexual preference; that they are in compliance with all Federal, State, and local directives and executive orders regarding nondiscrimination in employment. THE INFORMATION HEREIN IS CERTIFIED CORRECT BY SIGNATURE(S) BELOW. (PRINT OR TYPE NAME) -Signature: ........ .~ " -- - /Name: ~" ~ , ~ (PRINT OR TYPE NAME) Note:The City of Palo Alto, pursuant to California Corporations Code Section 313 requires two corporate officers to execute contracts. *The signature of First Officer* must be one of the following: Chairman of the Board; President; or Vice President. **The signature of the Second Officer** must be one of the following: Secretary; Assistant Secretary; Chief Financial Officer," or Assistant Treasurer. (In the alternative, a certified corporate resolution attesting to the signatory authority of the individuals signing in their respective capacities is acceptable) ~ITY OF PAL0 ALT~O .....PAGE i OF i