Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
2003-03-03 City Council (5)
TO: FROM: C ty Manager’s ep rt HONORABLE CITY COUNCIL CITY MANAGER DEPARTMENT: PUBLIC WORKS 4 DATE:MARCH 3, 2003 CMR:154:03 SUBJECT:APPROVAL OF A CONTRACT WITH SCS FIELD SERVICES IN THE AMOUNT OF $89,124 FOR LANDFILL ENVIRONMENTAL CONTROL SYSTEMS OPERATIONS AND MAINTENANCE SERVICES RECOMMENDATION Staff recommends that Council: Approve and authorize the Mayor to execute the attached contract with SCS Field Services in the amount of $ 89,124, to provide landfill environmental control systems operation and maintenance services. °Authorize the City Manager or his designee to negotiate and execute one or more change orders to the contract with SCS Field Services for related, additional but unforeseen w.ork which may develop during the project, the total value of which shall not exceed $8,900. Authorize the City Manager or his designee to exercise the option to renew the aueement for the second and third year provided the proposed cost of the renewal a~’eement does not exceed the Consumer Price Index for all urban consumers (San Francisco - Oakland - San Jose, CA), the contractor is responsive to the City’s needs, and the quality of the consultant’s work is acceptable during the first year of the a~’eement (and/or other conditions which will determine the City’s willingness to renew the a~’eement). DISCUSSION Proiect Description The work to be performed under this contract includes the: 1) performance of routine landfill gas collection and emission control system maintenance; 2) performance of routine leachate extraction system maintenance; 3) performance of quarterly landfill gas surface monitoring and reporting; 4) performance of monthly landfill gas well head monitoring, component leak testing, and flare temperature/flow data collection and reporting; and 5) performance of non- routine maintenance, repairs, and other support services. ~ ~Paae 1 of 3CMR: 1_ 4:0~= Selection Process Staff sent a request for proposal (RFP) to four firms (SCS Field Services, Shaw/EMCON/OWT, Alisto Engineering Group, and LFG&I International) on December 19, 2002. Firms were given 25 days to respond to the request. Atotal of three (3) firms submitted proposals. Proposals ranged from $86,048 to $89,124 annually. The one firm not responding indicated that it did not submit a proposal because of a lack of sufficiently trained staff in the Bay Area that could perform the work at this time. A selection adviso~: committee consisting of four Public Works/Operations staff experienced with landfill environmental control systems reviewed the proposals and carefully reviewed each firm’s qualifications and submittal in response to the RFP relative to the following criteria: 1) qualifications and experience of the Project Manager and key staff; 2) similar experience, qualifications and expertise in the type of work required; 3) completeness of the proposal and demonstrated understanding and technical approach to the scope of work; 4) the proposed fee relative to the services to be provided; and 5) the overall consideration of the criteria listed above. SCS Field Services was selected because of the qualifications and experience of the project manager and key staff. RESOURCE IMPACT Funding for this contract is available in the FY 2002-03 budget. POLICY IMPLICATIONS This project does not represent any change to e:dsting City policies and there is no impact on the Baylands Master Plan. ENVIRONMENTAL REVIEW This project is exempt for the California Environmental Quality Act (CEQA). ATTACH3IEz TS Attachment A: Contract PRePAReD BY: ,~- DEPARTMENT HE.,~: Enviionn~ental Control Pro~amsManager. GLENN S. ROBE~’~fS Director of Public Works CMR:t54:03 Page of 3 CITY MANAGER APPROVAL: EMILY HARRISON Assistant City,’ Manager CMR:154:03 Page 3 of 3 ATTACHMENT A CONTRACT NO. BETWEEN THE CITY OF PALO ALTO AND STEARNS, CONRAD AND SCHMIDT CONSULTING ENGINEERS, INC . , dba SCS FIELD SERVICES FOR IaANDFILL ENVIRONMENTAL CONTROL SYSTEMS MAINTENANCE SERVICES This Contrac: No.is entered into , and between the CITY OF PALO ALTO, a chartered city and a municipal corporation of the Stare of California ("CITY"), and STEARNS, CON?chD and SCHMiDT CONSULTING ENGINEERS, INC. dba SCS FIELD SERVICES, a Virginia corporation, located at 4707 Greenieaf Circle, Suite F, Modesto, California 95356 ("CONTKhCTOR"). RECITALS: WHEREAS, ~7Ty de<i res certain landfill =nv~ ronm=nt=] control systems maintenance services ("Services"), as more fully de " ~ .......scriDe~ in Exhibit "~"; and WHEREAS, CITY desires :o engage CONTKhCTOR, including its employees, if any, in providing the Services by reason of its qualifications and experience in performing such Services, and CONT~hCTOR has offered to provide the Services on the terms and in the manner set forth herein; NOW, ~H~R~rO~, in considerat!on of the covenants, terms, conditions, and~o~_s~ons_ ~ vi ~ of this Contract, the.. parties agree: SECTION i.! This Con<tact will commence on the date of its execution by CiTY and will expire one (i) year from the date of execution, unless this Contract is earlier terminated by CITY or extended as provided in this Section !. Upon the receipt of CiTY’s notice to proceed, CONT~hCTOR wil! commence work. Time is of the essence of this Contract. The term may be extended for two (2) additional one (i) year terms, subject to: !.i.! City of Pa!o Alto City Counci!’s annual approval of each year’s budget and appropriation o{ funds for this Contract; ,n~ CONTKACTOR S comm!iance with the terms of th~s Contract; ....~ ~ 3 .~_;’ mutual agreement_ to amend this Contract (subject to approval by ~he City Council or the City Hanager, as =~p=icab!e) r_o continue the Contract term with: 030211 sd10053202 a Nego~lar~ons ca to contract :-- compensation .... and scope of services, beginning 60 @~ys .... prior ~ to ~}. 12 months’ anniversary date; b. Completion of a mutua! agreement to exter, d the bon,_ract 3~ dav~ pr~~_~ to the.. _~..~.r=n~,4a! period; c SatisfactorV ~omm]iance with and extension bv ~he CONT~hCTOR o{ the established cer9 i ÷~ cates o{ ~ nsurance licensing,permits, and other requirement of the Scope of Services. ~ ~ ~ Th= City Hanager may ammrove anv acreemen~ to extend the Contract term so long as the maximum compensation for Basic Services and Additional Services do no~ exceed the amounts authorized in section 4 below. The obligation of CONTKhCTOR to perform the Services wi!l com_mence in accordance with the time schedule set forth in Exhibits ~. and . Time {s o~ the essence or ~n~s Contract. in ~_.~ even~ that the < .....~’ ......~:v=.~s are not completed within the speciEle@ :ime schedule on account o: CONTPSaCTOR’s default, CiTY’s city manager will have the option of extending the time schedule for any period of time This pro~ision wii] not mrec!ude the recoverv of damages for delay caused by CONTPO~CTOR. SECTION 2 - QUALIFICATIONS, CONTKhCTOR STATUS,AND DUTIES OF 2.1 CONTRACTOR represents and warrants that it has the expertise and professional qualifications to furnish or cause to be furnished the Services. CONT~hCTOR further represents and warrants that the project director and every individual charged with the performance of the Services under this Contract 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. 2.2 in reliance on the representation and warranty set forth in Section 2.1, CiTY hires CONTP~-eCTOR ~o perform, and CONTK~:CTOR covenants and agrees that it will furnish or cause to be furnished, the Services. 2.3 CONTPJhCTOR wil! assign TONY SVORiN!CH as project manager and ART JONES as Project Superintendent as the project director to have supervi<orv r=<Don<~b{~itv for the omr£ormancm progress, and execution of the Services. if circumstances or conditions subsequent to <he execution o{ this Contract cause the substitution of :he mroject~ _ director for any _reason, the __’ ........r=~ ~ i! be subject ~o thea~ointment of a sumsr~rure mro3ecr @~_~o~ wi 030221 sd10053202 prior viri~ten approval cf the project manager. 2.4 CONTPSeCTOR represents and warrants that it will- ?! i s~-~ii ©ermi9<and lip=roses,©av= = ~.cure a =-- charges and fees, and give a!l notices which may be necessary and is~ident to the ’~- and lawful prosecucion of the 2.4.2 Keem itself fully informed of al! existing and future Federal, State of California, and local laws, ordinances, regulations, orders, and decrees which may affect those engaged or employed under this Contract, any materials used in CONTKhCTOR’s performance under this Contract, or Services; 2.4.3 At al! times observe and comply with, and cause its~ms=oy~ ~ ’-~es and contractors {and~ CONTraCTORs) , _if any, who are asszg~.ee to the_~_~=~-~ormance of this P~ne~act to observe and comp!y_ _ ~- .~. ~r ~ decreeswith, the ±aws,ordinances, regulations, o~a~- s ano mentioned above a~.e 2.4.4 Will report immediately ~o the project manager, in writing, any discrepancy or inconsistency it discovers in the laws, ordinances, regulations, orders, and decrees mentioned above in relation to any plans, drawings, specifications or provisions of this £ontract. 2.5 Any reports, information, data or other material given to, or prepared or assembled by,- CONTP~6CTOR or its contractors, if any, under this Contract wi!l become the property of CITY and wi!l not be made available to any individual or organization by CONTKhCTOR or its contractors, if any, without the prior written approval of the city manager. .... ~-~ . 41i provide city with one (]) cosy o52.6 COs~&t±OR w___ _~- -__ the fina! report, if any, which may be required under Shis Contract, upon completion and acceptance o{ each report by CITY. 2 7 Tf CiTY requests additional cooies of drawings, specifications or any other material which CONT?JaCTOR is _requir=d__~ to ......... £urmish in limited quantities_ in.. r..e performance of ’_~=~d±~=onai ~p~-~ andthe.. Services, CONTRACTOR w~ ~ _~rovide such - CiTY will compensate CONT~CTOR for its duplication costs. 2.8 CONTKhCTOR wil! be respons%b!e for employing or engaging a!] persons ~=cessary to oer~orm the Services ~i~ contractors of CONT~hCTOR will be deemed to be directly controlled and <uoerv~sed by CONT~hCTOR which wi~ be resmonsib!e {or their performance.- 7f any employee or contractor of CONT~,CTOR fails or refuses to carry out the mrovisions of this Contracz or appears to 030221 sd10053202 be incompetent or to act in a disorderly or improper manner, the emm!ovee or contract_or wil! be discharged i~mediate!y {tom further ~=~w~._ =ormance under this Contract on demand of the project m~n--G~r SECTION 3 -DUTIES OF C!TY 3.! CITY will furnish or cause to be furnished the sme~-~ied .... services _~et forth .......... -:n <xh~bit "~"_~= and such other information regarding its requirements as may be reasonably _-~ue<ted~ "~~ ~ ~ ~y CON±~%C±OR.~ ~ 3.2 The city manager will represent CiTY for all purposes under this Contract. Sean Kennedy, Hanager, Enviror:menta! Control Programs is designated as the project manager for the manager. The project manager will supervise the performance, progress, and execution of the Services, and will be assisted by Ron Arp, Environmental Specialist. 3.3 if C!TY observes or otherwise becomes aware of any default in the ~erformance of CONT?ACTOR, CITY will use reasonable efforts to g~ve writt=n hOt,c= t},er=o~ to ~ON~PS£C:o~, in a ~ime!y manner. SPCTiO]~ ~ _ CO~PRNS~TTON ] CiTY wil! compensate~ __ CO~I!IRACTOr,q~’ ;’ ~ for_ the fo!qo,J~:n~ _~g ser~4 ces and work: ~ i 1 Yn cons=ee_=~!on of the fu!l ....of the........p~r:orm=n,~e ._ Basic Services including any authorized r=~~ -~,-~_mburs=b!~ expenses, CT~V_~: will pay CONT~hCTOR a fee not to exceed Eighty-N~e_ Tnousan@ .... One Hundred Twenty-Four_ -- _ Do!!ar<__ ($89,]2~. _ ~.00) . The amount of compensation will be calculated {n accordance with the hourly rate ..... P 4 ’on a time and materials bas~s,schedule set ~orth ~n =xh:b~< "B",_’ up to the maximum amount set forth in this Section. The fees of the subcontractors who have direct contractua! relationships with CONTKhCTOR, will be approved, in advance, by CITY. CITY reserves the right to refuse paly~.ent of such fees, i~ such prior approval is not obtained by ~m~g~o~T~R 4.!.2 in consideration o{ the full performance Additional Services, the amount of compensation set forth in Exhibit "B" wil! not exceed Eight Thousand Nine Hundred dollars ,,~$8. ,900.00) . The amount., of compensation for additional services wi~ be calculated ~.n accor~a_ce~ n with the "hourly rate ~ ....s~:~e~!~ set forth in mwh4b-;t "B" _, on a time and materials basis, up ro the maximum amount set forth in this Section. The rate schedules may be updated by ONTPJ~’.CTOR only once each calendar year, and the rate schedules will not become effective for purposes of this Contract, unless and until CONTR_ACTOR gives CITY thirty (30) days’ prior written notice of the effective date of any revised ra~e schedule. 4 030221 sd]0053202 ~ ! 3 Yf this contract is extended D~ ~h= ~ar~ies pursuant to Section !, ~he amount of compensaZion paid to cO]gm~CTOR snai!’ ~ not exceed :he total c~:~_:~c~~:-~- + amoun:~ for the ~rior ~vear ~ius ~he ohanme in ~p ...... u~.,~ =m~ .... Pr{ pe ~.~Tnd=x~ .... for a] consumers ,,~San Francisco-Oak!and-San Jose, c=) ’4.i.4 The fu!i ma,£ment of charges for extra work or c~anges, or both, in r~e ~xecution of the Project wi!l be made, p_~:e~e such request for payment is ~n~:~are@ mv CONTPACTOR and Pa’,~nv~ent wi~ beau~ho==_~d, in writing, Dv ~_.e project manager _ made within (30) days of submission by CONT?ACTOR of a statement, in trimOicate, of itemized costs coverinc such work or ~h~n~es~ , or both. ~r:or~: to commencing such. extra work or change<,_ or both, the parties wi!] agree upon an estimated maximum cost for suoh extra work or changes. CONTKhCTOR will not be maid for e}~tra work or changes, including, without limitation, any design work or ~h~n~~:.=__~ order preparation, which _~s made ..necessary: on account of b,~,NTS~.C=OH s errors, omissions, or oversights. 4.1.5 Direct personnel expense of employees assigned to the execution of the Project by CONTKACTOR wi!l include on!y the work of architects, engineers, designers, job captains, surveyors, draftspersons, specification writers and typists, in consultation, research and design, work in producing drawings, specifications and other documents pertaining to the Project, and in services rendered during construction at the site, to the extent such services are expressly contemplated under this Contract. included in the cost of direct personnel expense of these emp!oyees are salaries and mandatory and customary benefits such as statutory employee benefits, insurance, sick leave, holidays and vacations, pensions and similar benefits. 4.2 The schedule of payments wil! be made as follows: 4.2.1 Payment of the Basic Services will be made in monthly ~rogress payments in proportion to the quantum of services _Derformed, or in accordance with any_ other scne@u.e’ ~ of payment mutually agreed umon by the ~arti=s, as set forth in Exhibit "B" or within thirty_ (30) @ays~ " of submission, in tri~iicate, of such remuests if a schedule of payment is not specified. Final pa]~ent will be made by CITY after CONTKhCTOR has submitted all De!iverab!es, including, without limitation, reports wn:cn have been approved by the project manager. 4.2.2 Payw~ent of the Additional Services wil! be made in monthly progress payments for services rendered, within thirty (30) days of submission, in triplicate, of such recuests. 030221 sdi0053202 4.2.3 No deductions will be made from CONTPACTSR’s compensation on account of penalties, liquidated damages, or other sums withheld by CTTY ~rom payments to general contractors. 5.! CONTk%CTOR will permit CITY to audit, at any reasonable time during the term of this Contract and for three (3) years thereafter, CONTRJ~CTOR’s records pertaining to matters covered by this Contract. CONTKhCTOR further agrees to maintain and renain such records for at least three (3) years after the expiration or earlier termination of this Contract. SECTION 6 -INDEMNITY 6.1 CONTPrACTOR agrees to protect, indemnify, defend and ho!d harmless CITY, its Council members, officers, employees and agents from any and al! 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 CONTB~CTOR’s, its officers’, agents’, subcontractors’ or employees’ negligent acts, errors, or omissions, or willfu! misconduct, or conduct for which ann!icabie ’~-7 ’._~=~, may impose strict liability on CONTP~CTOR ~n the performance of or failure to perform ~ts obligations under this Contract. SECTION 7 -WAIVERS 7.1 The waiver by either party of any breach or violation of any covenant, term, condition or provision of this Contract, or of the provisions of any ordinance or law, will not be deemed to be a waiver of any 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. 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 term, covenant, condition or provision of this Contract or of any applicable law or ordinance. 7 2 No ~ay~ent, ~artia! ~ayment, acceptance, or partial acceptance by CITY wil! operate as a waiver on the part of CITY of any of its rights under this Contract. SECTION 8 -iNSUKhNCE 8.1 CONTKhCTOR, 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 CONTB_hCTOR and its contracnors, if any, but also, with the exception of workers’ compensanion, employer’s liability, 030221 sd10053202 and professional !iabil!~v insurance, naming CITY as an -~ ~’~-~ ~ ~. S _~m:~_O_u.~.~_~e under EAg_S Contract. 2 ~!l insurance coverage r=quired~_ __ hereunder_ wi!! be p=o~:e~d rnrougn carriers with Best s Key Rating Guide ratings of ~_:wli or higher which are a~mitted to transact inSUrmm~e business ~n the State of California. Any and all contractors of bON±:~CTOR ...... ~ obtain andre:a~ne@ to perform Services under this Con~rac~ -~-~ in full force and =:~ during the ~erm Contract, identical insurance coverage, naming Ci’TY as an additional insured under such policies as required above. ¯’..-~ ~ ly on the8 3 Certificates of such ~nsurance, mre~_er=m forms provided by cTTY will be {i led with CTTy concurrentlv with the execution of this Contract¯ The certificates will be subject ~ ~ -~’ " ’ ~ ~contain an~o the ap~rova! o~ cYTY’ s r!sk manager and w!=~.. ene~rsement stating that the insurance is ©rimary coverage and "~ not be canceled or altered by the insurer excemt after filing with C!TY’s city clerk thirty (30) days’ prior written notice of such cancellation or alteration, and that the City of Pa!o Alto is named as an additional insured except in policies of workers’ compensation,_ emp!oyer_ _ ’s _~iability,_ and _professional ~_~m_~±~_~y~: ~ : ~ ’~ insurance. Current certificates o: such insurance wi!l be kemt on fi~= at al! times during the term o: this Contract with the city clerk. 8.4 The procuring of such re@uired policy or policies of insurance will not be construed to limit CONT?shCTOR’s liability hereunder nor to fuifi]] the indemnification provisions of this Contract. Notwithstanding the policy or policies of insurance, CONTRACTOR wil! be obligated for the full and tota! amount of any damage, injury, or !oss 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 9 -WORKERS’ COHPENSAT!ON 9.1 CONTRACTOR, by executing this Contract, certifies that it is aware of the provisions of the Labor Code of the State of California which require every emp!oyer 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 Services. 030221 sdi0053202 SERVICES SECTION i0 -TRRHT_NATiON OR SUSPENSION OF CONTFS~_CT OR i0.! The city manager may suspend the performance of the Services, in whole or in par2, or terminate this Contract, with or without cause, by civin~ thi rtv (30) days’ Dr~or written notice 2nereoz to CO~±i~u&CTOR. UDon r~i pt of such notice CONTraCTOR w::! imamediateiv discontinue it~ Derformance of the ~~ ~@’q ~ ~ ~’ ~ rmi zn~ Contract or suspend!O 2 bo~.TK~C±uR may te hate ~’s _ its performance oS the Services by giving thirty (30) days’ prior wri%ten notice thereof to CITY, but only in the event of = substantial failure o{ performance by C7TY or in the event CITY indefinitely withholds or withdraws it< -<=quest for the initiation ,or continuation o~ the Services to be performed. !0.3 Upon such suspension or termination by CITY, CONTP~’hCTOR wi!] be ~aid for the <-r:<-’p=< actually rendered to CITY on or before the effective date of suspension or termination; prov_@ee, however, if this Contract is suspended or terminated on account of a default by CONTPACTOR, CITY wil! be obligated to ~om~e~sate CONTFthCTOR only for that .oortion of the Services which =r= of direct=n@- ~ i.urmediate ~=.~{~ to CITY,~~_~~.__~as sucn determination may be made by the city manager acting in the reasonable exercise o{ her discretion. 10.4 Upon such suspension or :ermination, CONTK~CTOR will deliver to ~he city manager i.mK~ediate!y any and a!l copies of studies, sketches, drawings, computations, and other data, whether or not completed, prepared by CONT~hCTOR or its contractors, if -’ ~ ~ ~’ ’~any,inany, or given to CONTraCtOR or ~rs contractors, iz ._ connection with this Contract.Such materials will become the property of CITY. 10.5 The failure of CITY to agree with CONT~hCTOR’s independent findings, conclusions,or recoKkmendations, if the same are called for under this Cont~ract,on the basis of differences in matters of judgment, wi!l not be construed as a failure on the part of CONTKACTOR to fu!f~]] its obligations under this Contract. SECTION l! -ASSIGNMENT !!.! This Contract is {or the persona! services CONTP<ACTOR, therefore, CONTP~CTOR w~ ~ ~ not assi ~n, transfer convey, or otherwise dispose of this Contract or any right, title or interest in or to the same or any p=r~ u__~ereof without the or!o: written consent of CITY. ~ consent to one assignment will not be deemed to be a consent to any subsequent assignment. Any ’-~_~_ r -~-~ of the city manager will beasslgnmen~ made without the =~_o~=: void a~d,., at the omtion of the ~.,; .~:~._~---~, this Contract ma~.~ be 030221 sd10053202 terminated. ! aw. SECTION 12 -NOTICES 1.2.! All not+ces hereunder w+ ~ ~ be g_~++:++ ....._..~’n .....~,,:r:~ns++ ~ ~<s .... m=~+=id, bv cer<+~_=~e mama_, addressed as follows:mai~-~,=,~ postage _ ....._ ~_’ ::~ ~’ ’ To CY~v’_+:Office of the City Clerk City of Paio Alto Post Office Box 10250 Palo Alto, CA 94303 above Tob,o~.’~T~C~-’~’_~-~,~_,. Attention of the.. ~mroject director ¯~,~O~1 = ~C = O., re<at Eme aesress SECTION_ i3_ -CONFLICT 13.1 in accepting this Contract, CONT~C£CTOR covenants :hat it presently has no interest, and wil! not any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services. 13.2 CONT~hCTOR further covenants that, {n the per{ormance o£ this Contract, it ,will not em~ioy any contractor er person having such an interest. CONTPchCTOR certifies that no person who has or will have any {inanciai interest under this Contract is an officer or employee of CITY; this provision will be ’%~r_r ~_------~n_~_m_eted in accoreance with the am~]~cab0e mrovisions of the Paio Alto Municipal Code and the Government Code of the State of California. SECTION 14 -NONDISCRIMINATION 14.1 As set forth in the Pa!o Alto Municipal Code, no discrimination will be made in the employment of any person under this Contract because of the age, race, color, national origin, ancestry, religion, disability, sexua! preference or gender of that person, if the value of this Contract is, or may be, five thousand cio!!ars ($5,000) or more, CONTK~:CTOR agrees to meet all ~e~u~~=:~_m~=~..~s of the Pa!o Alto Munici~a! ~ ~ mert .... ~n~ng to nondiscrimination in emplo~.ent, including completing the requisite form furnished by CITY and set forth in Exhibit "D". 14.2 CONTkhCTOR agrees that each contract for services wiii contain a orov4sion 03022~ sd10053202 " [Name of ....:p<~v-;de "~ .....rr~v_, der] wi!l 7:~ a certificate sta~ing ~t [~’~ ~ Provider] is curren:!y in compliance with ~=s=<a] and State of California !aws cover~ nondiscrimination in emmioyment ; and that ~=o~:~_j wi!l no~ discr~mzna~e in Zhe em~] ovment of an~ merson under this contract because of the age, race, color, national origin,ancestrv,religion, disabiiity, sexua~ pre: ....o=r~ ~-~ of such p .....]~.3 if CONTKhCTOR is found in rio!at!,~<,~ of nondiscrimination provisions of the State of Cal : 6 -~- Fai Employment Prac:~ces Act or similar provisions of Federal !aw or executive order__.~n =~< performance of +~s~_ e~ntract,~.~_ it will__ be in defaul: of <his Contract. Thereupon, CiTY wil! have the power to cancel or suspend this Contract, in whole or in part, or to deduct ~he sum of twenty-five dollars ($25) for each person for .... during which <uc~ person wascalendar e=,y ........._subjected to ac~s c~ e!scrimination, as e~m~ges ~or breach of contract, or both a finding of the State of California Fair Employment Practices Comm.! s sion or the equivalent federal agency or officer wil! consritu:e evidence of a breach o{ this Contract. SECTION ]5 -MISCELLANEOUS PROVISIONS 15.1 CONTRJ&CTOR represents and warrants that it has knowledge of the requirements of the P~mericans v;~n D~sami!ities Act of ~990 ~ ~_ , ~ne the Goverp_ment Code and the Health and Code or the State~ of Cal!fornia,_ relating to access to _Pub±±c mu~!dings and accommodations for disabled persons, and relating to facilities for disabled persons. CONT~hCTOR wil! comply with or ensure my its advice that compliance with such provisions will be e~{ected in the performance of this Contract. 15.2 This Contract wi!l be governed by the laws of the State of California, excluding its conflicts of law. 15.3 in the event that an action is m=ougn~, the ~arties agree that tria! of such action will be vested exclusively in the state courts of California or q~ the United States District for the Northern District of California in the County of Santa Clara, State of California. 15.4 The prevailing party in any action brought to enforce the provisions of this Contract may recover its reasonable ~~ and ....."’~s,_s a~orneys’ fees expended in connection w~n that action. 030221 sdl 0053202 i0 15.5 This document represents the entire and integrated m~u~;~en the marries and suoersede<~ .~1 ] prior _~_~o~-~ tia-_ tions, represenraCions, and contracts, either ,riCcen or oral. .... .~+~-~ instrument which isT~.~s doc~menz may be=m~:~- ~ only~ by a ~ ....~:~, ~he mart ~ =- 15 6 s]i orovisions of ~’~is~.~.~ Son~ract, whet<ner covenants or conditions, will be deemed to be both covenants and conditions. 15.7 The covenants, terms, condiuions and provisions of this Contract will amD!y ~o, and will bind, the heirs, successors, executors, a6ministrators, assignees, and con<factors, as the case may be, of the parties. .,~ ~mO..~r 0 S15 8 if a court of competent }uris’~r" ~inds r rule that any Drov~ s~ on o~ thi s Contrac~ or any amen&~en~ ~hereto void or unenforceable, the unaffected provisions of ~b_is a~e any amendments thereto -: ~ a {n in ~u] ] force and 15.9 All exhibits referred to in ~his Contract and any addenda, appendices, attachments, and schedules which, from rime 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. .......]5 ]0 This bon~:=c~ .....may be executed it, any number of counterparts, each o{ which wi!l be an original, but all of which together wil! constitute one and the same instrument. 15.11 This Contract ~s subject to the fiscal provisions of the Charter of the City of Pa!o Alto and the Pa!o Alto Hunicipai Code This Contract wi11 terminate without any ~..... ~ D~n~±~y ~,ai 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 __~mmromr~ated_ _ _ __ _ fo~: a portion of the fiscal ....... year and funds ~or this Contract ~_~ available. This Section 15.11 shall take precedence in ~he event o{ a conflict with any other covenant,term,condition,or provision of this Contract. // // // 030221 sd10053202 !! W±~qmSa WHmREOm,the pattie< hereto have bv ~he~ r du!y ’_.~O~u~C u 0!~authorized representatives ewecuced this .....the date first above written. n~EST-CiTY OF PALO ALTO City Clerk ~....~S TO~ .....~v~ ..FORH: Senior Asst City ~ PPROVE~ : Director of Administrative Services Director of Mayor STEARNS, CONKhD AND SCHH!DT CONSULTING ENGINEERS, INC., dba SCS FIELD SERVICES By: Name: Title: By: Name: Title: Taxpayer identification No. Risk Manager Attachments: EXHIBIT "A": EXHIBIT "B": EXHIBIT "C"" EXHIBIT "D": (Compliance winh Corp. Code § 313 is required if ~he entity on whose behalf this contracn is s{mn=~ {s a cormora~ion in the al~ernative, a certified corporate resolution at<esning to the signatory authority of the individuals signing in their resoecnive capacinies is acceptable) SCOPE OF PROJECT KhTE SCHEDULE & TIME SCHEDULE iNSU~hNCE NONDISCRIMINATION COMPLIANCE FORM 030221 sd10053202 12 CERTIFICATE OF ACKNOWLEDGEMENT (Civil Code ~ 1189) COUNTY OF On ,iu03, Delore a Notary Public ~and for said County and State, personally ~KV:own Eoappeare@, Dersona~_ --~ ] V ~ "me or proved to me on =he basis of satisfactory evidence to be the ~’ ’ fine within instrumentDe<SOn (S) whose name (s) is/are sumscr.~me~ to and acknowledged to me that he/she/they exec’ated the same in his/her/their authorized capacity(ies), and ~hat by his!her/their ’s), or the entity upons~c~nature(s) on she instrument ~he person, bena±_- of which the nerson(s) ac:~e~, exec~c=~ tP_e instrument. WITNESS my ~-~nd and official seal. 030221 sd]0053202 13 CERTIFICATE OF ACKNOWLEDGEMENT (Civil Code ~ 1189) SS. On oO~,~.o before me, a Notary Pub~~for ~o~nty~~:c and said and State, oersona!: appeare@ , personally ~nown to me or proved to me on ~b,= basis of satisfactory evidence to be the person~s),whose name(s) _is/are ~u~s~@~~ ~ =’ to the within ~nstrument’ and acknowledged to me that heishe!thev executed the same in his/her/their authorized capacity(ies), and that by his/her/their simnature(s) on the instrument the person(s), or <he entitv uoon behalf of which the person(s) acted, executed the instrument. Signature o¢ Notary Public 030221 sd!0053202 EXHIBIT "A" REQUEST FOR PROPOS.4Jb (RFP) 148873 LANDFILL ENVIRONMENT.Aft-, CONTROL SYSTEMS MA_INTEN.~NCE SCOPE OF SERVICES Back,ground: ~he City of Palo Alto (City) owns and operates a 137-acre, Class III, municipal solid-waste landfill, !26 acres of which are permitted for waste disposal. The landfi!l site has historically been used for the disposal of solid waste since the 1930’s, although the more sophisticated fill 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 fitling has undergone final closure with approximately 50 acres yet to be filled or closed. Regulatory agencies with jurisdiction over the facility have mandated certain enviromnental 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, 13 condensate sumps and approximately 10,000 linear feet of collection piping (2,000 linear feet of piping is buried 1-2 feet below ~ade). The City currently delivers the collected LFG to a private developer who has constructed an electrical generation facility on site and generates electricity on a part-time basis. The arrangement between the City and the developer requires the developer to perfom~ all monitoring and maintenance to the generator and the flare. The City is responsible for maintenance and monitoring of all other collection system components and for repairs caused by landfill operations as wel! as relocations necessary for refuse filling operations. It is anticipated that the City’s agreement with the developer will be terminated by the time this agreement is in place or shortly thereafter. The condensate sumps are pumped into the LES. Most of the components of the LFG collection system are made of PVC pipe and fittings, although the City desires to convert and install HDPE piping and fittings where appropriate in the future. The City may install additional LFG extraction wells during the course of this contract. The LES consists of 19 vertical wells, 10,000 linear feet of collection piping (approximately 50% is buried 1-2 feet undergound) and compressed air delivery lines. The LES is powered by compressed air from an Ingerso!l Rand T3025120H compressor and Clean Enviroru-nental SOS bottom-loading pneumatic pumps in each well. Compressed air is delivered to the pumps via butyl rubber hose on the surface and HDPE hose underground. Leachate collection piping is constructed mostly of HDPE pipe with some butyl rubber hose at the wellhead fixtures. The LES wel! casings are constructed of six-inch PVC pipe with blind flange heads. The City may install additional LES wells during the course of this contract. General Requirements: This Request For Proposals (RFP) is seeking the services of a qualified and experienced firm to: 1) Perform routine LFG collection and emission control system maintenance; 2) Perform routine LES maintenance; 3) Perform quarterly LFG surface monitoring and reporting; 4) Perform monthly LFG well head monitoring component leak testing, and flare temperature/flow data 12/i9/2002 RFP 148873 Page collection and repoi-ting; a~d 5) perfomq non-routine n~ai~tenance, repairs, and otl~cr suppom se~,qces. This ~P provides For a one-year agreement with the option ogextending the agreement annually for two additional years. The City rese~wes the right to modi~, or cance! ~he agreenqcnt based on the Contracto~-’s perfbrn~ance (as evaluated by the Cit},) and/or a chan~e i~ tt~e appropriations level fk~r this work in each i~scal );e~r~s budget as adopted bw the Pnlo A~to City Council. The City wi!l negotiate extensions oN [l~e agree~ent with tIqe C~ntractor or~ an a~uaI basis. The City does not exp~-essly or by inqplication agree that the actual amount o~work shall co~q-cspond tl~erewith, but I-cserves the ~-ight to increase, decrease or modi@, the an~ount of any class or po~ion of the work or to onqit po~-tions oFthe wol-k as nqay be decayed necessa~y or expedient by the City. l~t~e Contractor shall p.~-ovide all necessary services, labor, tools, materials, equipment, vdqicles, and instr-tmqents For the scope ofse~wJces u~cter this RFP including, but not limited to, Fusion welder For joining high-density polyethyIene (HDPE) pipe and wel! monitoring equip~ent (sounder, gas meters, etc.). These items of equipn~ent are considered necessary items For a qualified bidder, and separate charges For use of these items in tt~e cou~se of the work, will not be paid by the City. Fees sIqall be paid on a time and materials basis f,or sen, ices ~-endered under this scope 0fservices not to exceed the contract amount without written authoriT_.ation From the City. Direct costs, such ns subcontrnctors and materials, shall be billed and paid at Contractor’s costs plus overhead/ profit nqt~rt,tup ofa maximum of,ten percent (10%). Field labor tinge shall be billed at the hourly rates specified in the proposer’s fee schedule to be f’urnished as part of, the ~-esponse to this f>,_Ft:; and elall be based on time at the Pale Alto Landfil!. No additional con~pensation f,or travel and n-~ileage to or lCroil-i tlqe landfill shall be billed. Overtime rates shall be applicable to appropriate situations such as e~qergency repairs requil-ing Contractor services beyond normal wo~king bouts (7:00 anq tO ’4:00 pn~ b<londay tluougb Friday) or for routine maintenance and repair tasks when owed-tinge tms been authorized by the City. The Contractor shall provide appropriate docunqentation to support al! invoices. Fox work other than tl~e routine sea-vices For the LEG collection system ~tnd the LES. the Contrg~ctor shall, at the City:s request~ submit budget~ry cost estimated ibr requested tasks (~-emoval of lines, raising ofwell, etc.) for City approval. Alier perfon~aing the non-routine tasks. the Contractor’s billing shall not exceed the estimate b7 n~ore thnn ten (10) percent without prior authoriz, ntion oKthe City. \Vo~k perFoIqr~ed by tile Contractor under tl~is scope o*se~wice wiI] be subject to inspection and testing by the City of,Pale Alto. ,~y work found to be def,ective or unsatisf,actory sha!l be repaired or replaced by the Contractor at ti~e Contractor’s expense. This ir£~p requires that all Field Technicig_-ms have the f,ollowing minimu~~ qua]ifications: Five (5)),ears experience perFon~qing work on a LFG collection and emission control sy, stem and an LES systen~; Ability to tune and optin]ize tlqe LFG collection system witbou~ supervision or close oversight; Ability to detect and repair LFG and LES leaks and diagnose potential failures before they occur; General understanding oflandfi!l re~lations 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. The City may approve of field tect-micians that do not have the minimal qualifications listed above on a case-by-case basis, and only when: t) the scope of the Technician’s work is specific to the Technician’s ski!l set; and 2) the technician has proper oversight and supervision by appropriately qualified personnel. The Contractor for this work shall possess a valid State Contractor’s License in the following category,: Class-A (General Engineering). f’fZork To Be Performed Task I - Routine Landfill Gas Collection and Emission Control System Maintenance The Contractor shall provide a technician or equivalent skilled and experienced personnel at the hourly rates specified in the proposal for the performance of routine maintenance of the LFG collection and emission control system. The Contractor shall perform the routine LFG maintenance services two days per month (one technician on-site 16 man hours per month) unless specified by the City. A date-specific 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. Routine LFG maintenance includes typical activities associated with the maintenance of the LFG collection and emission control system including, but not limited to: Inspection of a!l LFG system components and emission control system (Flare); Adjust!tune and optimize the individual wells to maximize methane extraction while minimizing oxygen intrusion into the landfill; Clearing flammable vegetation from collection lines and wells; and Minor repair of aged or damaged extraction system components. As stated above, routine maintenance also includes maintenance of the flare. 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. These tasks shal! 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 landfi!l; Minimize the emissions of LFG to the atmosphere; 12/19/2002 R2P 14S873 Page 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. Al! work shall be completed in compliance with the Bay ,an-ea Air Quality Management District’s (BAAQMD’s) Regulation S, Rule 34, and the City;s applicable permits. 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 ser~,ices on a weekly basis (One Technician, eight hours on-site per week) unless specified by the City. A date-specific 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. The City will provide the Contractor with general orientation and training on the LES weekly maintenance services~for two (2) LES weekly survey intervals. Routine LES maintenance shal! be performed with due care and diligence and in a workman-like mariner with the goa!~ to: o Maximize the leachate extraction volume; o Minimize the risk ofleachate release or discharge other than to the sanitary sewer; o Detect and correct deficiencies, inefficiencies and failures in the LES; and o Accurately quantify leachate production rates at the time ofthe LES weekly survey and over the period since the previous survey. The LES week!y maintenance services shall include, but not be limited to the following tasks: 1)Make routine observation of each LES well and record, on City supplied forms, the following information: o Pump cycle counter reading; o Depth to leachate at 2 or 1 inch monitoring well; °Discharge rate at time of observation; and o Operational status of pump and well. 2) Perform routine maintenance of each LES well including the following: o Inspect well head assemble for leaks and!or mat~nctions; o Make routine adjustments and/or minor repairs as needed for proper operation of all components; o Record work performed and parts replaced on approved forms; and o Note any evidence of fire, excessive LFG or any other unsafe condition and take corrective action or noti~ the Project Manager. t2/t9/2002 P,_Vp 148873 Page 4 of 8 3) 4) ~) 6) 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 ofPalo Alto~ o RemoYe, 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~ o Record work performed and parts replaced on City fumished forms~ and o Maintain pump maintenance supplies and pump senices area in an orderly condition. Inspect leachate out-fall complex including: ~Record digital pH meter reading; -ChangepH ~aph; .Change pH meter battery when needed; ~Inspect the sampling valve; ~Inspect main shut-off valve; and o ’ Inspect overall assembly for leaks and general operation. \Vhen requested, the 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 wel!/pump failures. The Contractor shall perform all repairs as needed. Contractor shall Inspect and perform routine maintenance on one (1 air compressor and one (1) air dryer including the following: Compressor: o Automatic drain; o Oil/water separator; ~Oil level (top as needed); o Air filter (replace as needed); and ~Record on-off cycle: note discrepancies and take appropriate action (i.e. locate air leak in lines or pumps, recommend compressor sen, ice, etc.). 7) Air Dryer: Check operation; Automatic drain; Air filter element; and Clean cooling fans (with compressed air). 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 12/t9/2002 R_FP 148873 Page 5 ors ~) 9) 10 (Attachment A). 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 quarterly survey and maintenance ser~rice on the LES on a date-specified schedule to be approved by the City. The quarterly survey and maintenance serYice shall include the following: Inspect and su~,ey leachate wells, components, and piping: Inspect entire length of leachate collection piping and air delivery lines for leaks and deterioration o Free piping from vegetation observing locations and conditions of pipes and hosing o 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 obser~lations including status of each well and its respective components, such as pump, counter and check valve. b. Inspect and perform routine maintenance, by an Ingersoll Rand factory trained service representative, on the LES compressor, including the following: o Drain and refill oil. Dispose ofoil in conformance with all local, state and federal regulations; -Replace air filter(s); o Test motor amperage; o Tighten all bolts, clamps and connections; and ~Perform any other factory recornn~ended tasks. Provide and oversee subcontractor services (Roto Rooter or equivalent) to perform leachate piping clean-out through twice per year or as requested by the City,. Other activities associated with the routine maintenance of the LES under this scope of services include, but are not limited to: Disco~mection and removal of lateral collection pipes and air delivery lines from extraction wells; o 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 weII-head assemblies; ~Recormection 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; o 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; o Procurement and assembly ofdown-we!l hoses and ropes; !2/19/2002 R2P 148873 Page 6 of 8 Connection of new wells to LES; and Aid in fire detection and suppression when associated with extraction wells. Task 3 Quarterly LFG Surface Monitoring & Reporting The Contractor shall provide one technician for an estimated 10 hours per quarter (one day if weather allows) to perform quarterly, surface emissions monitoring and reporting at the landfill in accordance with the BAAQMD’s 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 15 days of the surface emissions monitoring events. A date-specific schedule shall be developed by the Contractor and submitted for approval by, the City,. Task 4 Monthly Well Head Monitoring, Component Leak Detection, and Flare Data Collection The Contractor shall provide one technician for 1.5 days per month (approximately 12 hours) to perform monthly LFG well head monitoring and reporting in accordance with the B.&g.QMD’s Regulation 8, Rule 34, Section 501 and 505. Ifthe 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 one or two follow up visits wilt be necessary by the Contractor’s technician for two partial day follow-up monitorin~adjustment events (8 additional hours per month on site). The Contractor shall make recommendations to the City for further repairs if necessary. In addition to the monthly wel! head monitoring, the Contractor shall monitor and compile records to support the LFG component quarterly leak monitoring requirements of the BA~kQMD’s Regulation 8, Rule 34, Section 501 and 503. The Contractor shall monitor the LFG Flare for temperature and gas flow, and compile the information into a report to the City in accordance with BAAQMD’s Regulation 8, Rule 34, Sections 501,507, and 508. Task 5 - Non-Routine Maintenance and Repairs and Other Support Semqces. Contractor sha!l provide as requested by the City, on-call support services, 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. ~,/~,~/snn?R~P 148873 Page 7 of 8 2) On occasion the Contractor may be asked to evaluate the perfon-nance and desig~ of the zas system using the services of a qualified LFO en~neer. Contractor shall provide engineering services for duties including, but not limited to possible system design and equipment changes. 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) c) Attend meetings with City staff, to review status/condition of the LES ro LFG system. Provide written recommendations for repairs or upg-rades that are outside the routine maintenance tasks, and 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; o Recormection of lateral co!lection pipes; o Installation of heavy equipment crossings; o Repair of damaged LFG and LES extraction system components; and °Connection of new LFG and LES wells to the system. End Scope of Se~wices i2/!9/2002 FLYP 148873 Page $ of 8 EXHIBIT "B" Fee Schedule - LandfiI1 Environmental Control Systems Maintenance Task 1 - Routine LFG System Maintenance Senior Technician (or Equivalent) Technician (or Equivalent) Materials and incidentals 24 Hours $ 60.00 192 Hours $44.00 $8,448.00. 1 each $5,000.00 $5:000.00 Total Task 1:$14,888.00 Task 2 - Routine LES Maintenance Senior Technician (or Equivalent)40 Hours Technician (or Equivalent)416 Hours Pipe Clean-out (Roto-Rooter or equivalent)2 Events Materials and incidentals 1 Each $ $ $60.00 $27400.00 $44.00 $!8,304.00 2,500.00 $5,000.00 5,000.00 $5,000.00 Total Task 2:$3(~,7~a,00 Task 3 - LFG Quarterly Surface Monitoring and Reporting Foreman/Superintendent (or Equivalent)8 Hours Technician (or Equivalent)40 Hours Office Assistance (or Equivaien’c)8 Hours $74.00 $592.00 $44.00 $1,760.00 $42.00 $336.00 TotalTask3:$2,688.00 Task 4 - LFG Monthly Well Head Monitoring and Reporting Foreman/Superintendent (or Equivalent)24 Hours Technician (or Equivalent)240 Hours Of~Sce Assistance (or Equivalent)24 Hours $74.00 $1,776.00 $44.00 $10,560.00 S42.O0 $1,oos.o0 TotalTask4:$!3,3~.00 Cot, titzued on Page 2 12/I 9/02 Task 5 - _Non-Routine Maintenance & Repairs and Other Support Services Project Manager (or Equivalent) Foreman/Superintendent (or Equivalent) Senior Technician (or Equivalent) Technician (or Equivalent) Laborer (or Equivalent) OffSce Assistance (or Equivalent) Materials and incidentals Engineerin~T)rafting Services 24 Hours $!15. 001 $2,760.00 24 Hours $74.00 $!,776.00 40 Hours $60.00 $2,400.00 80 Each $44.00 $3,520.00 80 Hours $40.00 $3,200.00 32 Hours $42.00 $1,344.00 l Each $10,000.00 $10,000.00 !Each $2,500.00 $2,500.00 Total Task 5:$27,500,00 Grand Total:$89,124.00 Notes: 1 Contractor shall invoicethe City on a time and materials basis not to exceed the contract total without written approYal from the City. prior to completing the work. 2 Separate charges will not be paid for tools, instruments, pipe welder, vehicles, or other equipment necessaO- to perform routine maintenance, monitoring and repairs associated with Tas "ks 1-4. 3 Material purchased by the Contractor shall include mark-up specified by the Contractor, but in no case shall mark up exceed 10%. 4 Billing should break down charges per task. 5 Field hours forTas~ 1-4 include time at the landfill only. Separate charges will not be paid for travel time or mileage. 12/19/02 F_AIdI_B IT "C" A C O R D= CERTIFICATE OF LIABILITY INSURANCE, PRODUCER willis Nor=h America, 11201 N. T&tum Blvd. Suite 300 ~hoenix, AZ a5028 INSURED SCS Engineers SCS Field Services 371! Long Beach Blvd. 9th Floor Long Beach, CA 90807 COVERAGES ~77-559 -6769 - F,e~icna! Cert Center 1 !0/02/2002 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFOR#;IATIONONLYAND CONFERS NO RIGHTS UPON THE CERTIFICATEHOLDER. THIS CERTIFICATE DOESNOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDEDBY THE POLICIES BELOW. INSURERS AFFORDINGCOVERAGE ]NSURERA: Zurich Anerioan insurance Company 27 .~5-70¢. INSURERB:American Guarantee & Liability ineurazce 2~247-0B~ INSURERC: Ce~.merce and industry Insurance Company !9 4!0- 00~ INSURERD: Steadfas~ Insurance Cs~pany ~6 387- 00! INSURER E: i]NSRLTR TYPE O Y iNSURANCE A GL~EN ERA L LIABILITY COMMERCIAL GENERAL LIABILITY I CLAIMS MADE ~ OCCUR B THE POLICIES OF INSURANCE LISTED BELOW HAVE SEEN 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 BYTHE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE SEEN REDUCED BY PAID CLAIMS. I POLICY NUMBER I POLICY EFFECTIVE ’ POLICY EXPIRATION.~DATE{MM!DDfYY)i DATE[M~,~DD~Y~ GLOg0&&~0~08 ~II/2002 41112003 C C C D GEN’L AGGREGATE LIMIT APPLIES PER: l PRO- --i i POLICY Z JECT ~ LOC AUTOMOBILE LIABILITY !~ i ANY AUTO F----~ ALL OWNED AUTOS ~--~ SCHEDULED AUTOS HIRE D A~QS ~, ; NON-OWNED AUTOS 1 GARAGE L!ABIUTY EXCESS LIABILITY ~ occur h__J CLA~.’~S,’.~AOE I (VA) BAPS04555708 (AOS) BAPS04440508 ,&Ii12002 41112002 10/1/2002 10/!/2002 10/1/2002 4/1/2003 4/1/2003 DEDUCTIBLE RETENTION $ WORKERS COMPENSATIONAND ,,~OS ~C.~ 2 8 0 ’~ 5 1EMPLOYERS’ LIABILITY The 2roprietor/NJ WC3280~52 Partners/Executive CA WC3280450 1011/2003 10/i/2003 1011/2003 4/1/2003 officers are Included OTHER Envir onmen PEC793000008 4/i/2002 Professiona! DESCRIPTION OF OPERATIONSILOCATION=JVEHICLES]=~CLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS f LIMITS i EACH OCCURRENCE I FIRE DAMAGE (Any one fire) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG I:000,000 1:000:000 !0,000 !,000,O00 !,000,000 !,~0~000 COMBINED SINGLE LIMFT [Ea accident) BODILY INJURY(Per person) BODILY INJURY(Per accid~nt) PROPERTY DAMAGE(Per accident) AUTO ONLY- EA ACCIDENT I OTHERTHAN EAACC i $ WC STATU~I OTH-X TORY LIMITS /ER E.L. EACH ACCIDENT i $ E.L DISEASE - EA EMPLOYEE i $ E.L DISEASE- POLICY LIMIT i $ $5,000,000 Occurrence $5,000, 000 A~gregate $50, 000 Deducta_ble !,000,000 _. !:000,000_ !,000,000 The certificate holder is named as additional insured under the General Liability coverage per the attached endorsement. The insurance is primary per the policy form. CERTIFICATE HOLDER !ADDITIONAL INSURED; INSURER LETTER:CANCELLATION City of Palo ~to - Pu.blic Works Operations P.O. Box 10250 Pa!o A!to, CA 94303 AC©RD25-S(7i97)Coi!:555513 Tp!:i2~!90 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER ’,’,’ILL ~.’.,,~ MAIL 3 0 BAYS WRITTEN NOTICE TO THE CERTIRCATE HOLDER NAMED TO THE LEF "~ ~.,~::~.,~,.’~-~’~..~i’~[..~"~’,.~’.LL Cer t : 2 2 ~ 0 2~ !~AC~RD~CORPORATION 1988 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). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this cedificate 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. ACORD25-S(7/97)Co!!:5555i3 Tp!:124!90 Cert:22402~! COIV~CIAL G~aJ_, G20 100.3 97 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: AS REQUIRED BY THOSE ENTITIES WITH WHOM THE NAMED INSURED EXECUTES A WRITTEN CONTRACT.. (If no entry appears above, information required to complete this endorsement wil! be shown in the Declarations as applicable to this endorsement.) Who Is an Insured (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liabil!U arising out of your ongoing operations performed for that insured. CG 20100397 Copyrighl, Insurance Services Office, lnc., 1996 Page i ofl CERTIFICATION OF NONDISCRIMINATION SECTION 410 PROJECT: LANDFILL ENVIRONMENTAL CONTROL SYSTEMS MAINTENANCE Certification of Nondiscrimination: As suppliers of goods or services to the City of Pa!o 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. Firm:Stearns, Conrad and Schmidt Consulting Engineers, Inc. dba SCS Field Servic~ Signature:L/ ~ / Name: Galen S. Pe£ovan - St. V±ce Pres±dent (PRINT OR TYPE NAME) Signature: Name:William L. Schubert - Treasurer (PRINT OR TYPE NAME) Note:The City, 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) CITY OF PALO ALTO 148873 PAGE 1 OF 1