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HomeMy WebLinkAbout2002-02-19 City Council (5)City of Palo Alto City Manager’s Report TO:HONORABLE CITY COUNCIL FROM:CITY MANAGER DEPARTMENT: PUBLIC WORKS 6 DATE:FEBRUARY 19, 2002 CMR: 144:02 SUBJECT:APPROVAL OF CONTRACT WITH LARRY WALKER ASSOCIATES IN THE AMOUNT OF $119,915 FOR CONSULTANT SERVICES TO ASSIST THE REGIONAL WATER QUALITY CONTROL PLANT IN FULFILLING THE REQUIREMENTS OF THE WASTEWATER DISCHARGE PERMIT RECOMMENDATIONS Staff recommends that Council: Approve and authorize the Mayor to execute the attached contract with Larry Walker Associates in the amount of $119,915 for the first contract year for the consultant team of Larry Walker Associates and Montgomery Watson to assist the Regional Water Quality Control Plant (RWQCP) with the tasks related to fulfilling the requirements of the wastewater discharge permit. Authorize the City Manager or his designee to negotiate and execute one or more change orders to the contract with Larry Walker Associates for related, additional but unforeseen work which may develop during the project, the total value of which shall not exceed $15,000 for the first contract year. Authorize the City Manager or his designee to exercise the option to renew the contract for the second and third year in the amount of$119,915 each year provided the proposed cost of the renewal contract does not exceed the Consumer Price Index for all urban consumers (San Francisco - Oakland - San Jose, CA), the consultant is responsive to the City’s needs, and the quality of the consultant’s work is acceptable during the first year of the contract (and!or other conditions which will determine the City’s willingness to renew the contract). Funding for years two and three is contingent upon Council approval of the budget for each subsequent year. o Authorize the City Manager or his designee to negotiate and execute one or more change orders to the second and third years of the contract for related, additional but unforeseen work which may develop during the project, the total value of which shall not exceed $15,000 in each year, provided the contract is renewed for those years. CMR:144:02 Page 1 of 3 DISCUSSION Consultant Services Description The work to be performed under the contract is assisting the City in fulfilling requirements of its permit to discharge to treated wastewater to San Francisco Bay. the Components of the work include: ~ Conducting Chronic Toxicity and Other Testing. ~ Report Writing to support modifications to disinfection criteria. ~ Tasks to support the planning of the Watershed Management Initiative for the Santa Clara Basin. )~ Assistance in preparing a new discharge permit application and permit. ~ Conducting aerial photograph and supporting studies to determine changes occurring in the Palo Alto Baylands. ~ Assistance in responding to new regulatory requirements . Selection Process Staff sent a request for proposal (RFP) to 10 consulting firms on August 30, 2001. Firms were given 26 days to respond to the request. Two firms submitted proposals; costs ranged from $127,070 to $295,972. The most common reason for not submitting a proposal was that the firm was too busy. Public Works staff reviewed the proposals, and both firms were invited to be interviewed on October 9 and 16. Staff carefully reviewed each firm’s qualifications and submittal in response the RFP relative to the following criteria: past performance on similar projects, familiarity with the City’s data management software, experience in watershed planning, project manager qualifications and the proposed fee. Larry Walker Associates was selected because it was substantially more experienced in the regulatory aspects of discharge permits and because the proposed fee was substantially less. Detailed discussions with Larry Walker Associates on the workplan resulted in reducing the contract amount from $127,070 to $119,915. RESOURCE IMPACT Funds are available in the operating budget of the Regional Water Quality Control Plant to cover the current year contract and contingency amounts. ENVIRONMENTAL ASSESSMENT This contract approval does not constitute a project under CEQA and no environmental review was required. ATTACHMENTS Attachment A: Contract CMR: 144:02 Page 2 of 3 PREPARED BY: DEPARTMENT HEAD: PHIL BOBEL Manager, Environmental Complianc~ GLENN S. ROBERTS Director of Public Works CITY MANAGER APPROVAL: HARRISON Assistant City Manager CMR:144:02 Page 3 of 3 ATTACHMENT A CONTRACT NO. BETWEEN THE CITY OF PALO ALTO AND LARRY WALKER ASSOCIATES, INC. FOR CONSULTING SERVICES This Contract No. is entered into , by and between the CITY OF PALO ALTO, a chartered city and a municipal corporation of the State of California ("CITY", and LARRY WALKER ASSOCIATES, INC., a California corporation, located at 509 4th Street, Davis, California 95616 (IRS#:94- 2610668) ("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, pla~s, designs, data, calculations, surveys, specifications, schedules or other writings (~Deliverables") (Services and Deliverables are, collectively, the ~Project"), as more fully described in Exhibit "A"; and WHEREAS, CITY desires t~ engage CONSULTANT, including its employees, 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 I.i This Contract will commence on the date of its execution by CITY, and will terminate upon the earlier of twelve (12) months after, the date the contract is entered into or completion of the Project, unless this Contract is earlier terminated by CITY or extended by CITY as provided herein. Upon the receipt of CITY’s notice to proceed, CONSULTANT will commence work on the initial and subsequent Project tasks in accordance with the time schedule to be developed by CONSULTANT as provided in Exhibit ~A" and approved in writing by CITY’s Project Manager. 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 will have the option of extending the time schedule for any period of time. This provision will not preclude the recovery of damages for delay caused by CONSULTANT. 020129 LH 0052913 1 1.2 CITY may extend this contract for up to two (2) additiona! twelve (12) month periods by providing written notice to CONSULTANT at anytime before expiration of the original term. Any extension of this contract shall be subject to the terms provided for in paragraph 16.12 hereof. SECTION 2.SCOPE OF PROJECT; CHANGES & CORRECTIONS 2.1 The scope of Services and Deliverables constituting the Project will be performed, delivered or executed by CONSULTANT under the phases of the Basic Services as described below. 2.2 CITY may order substantial changes in the scope or character’of the Basic Services, the Deliverables, or 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 wi!l 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 Where the Project entails the drafting and submission of Deliverables, for example, construction plans, drawings, and specifications, any and all errors, omissions, or ambiguities in the Deliverables, which are discovered by CITY before invitations to bid on a construction project (for which the Deliverables are required) are distributed by CITY, will be corrected by CONSULTANT at no cost to CITY, provided CITY gives notice to CONSULTANT. 2.4 Any and all errors, omissions, or ambiguities in the Deliverables, which are discovered by CITY after the construction contract is awarded by CITY, will be performed by CONSULTANT, as follows: (a) at no cost to CITY insofar as those Services, including the Basic Services or the Additional Services, as described below, or both, will result in minor or noD_beneficial changes in the construction work required of the construction contractor; or (b) at CITY’s cost insofar as those Services, including the Basic Services or the Additional Services, or both, will add a direct and substantial benefit to the construction work required of the construction contractor. The project manager in the reasonable exercise of his or her discretion will determine whether the Basic Services or the Additional Services, or both, 020129 LH 0052913 will contribute minor or substantial benefit to the construction work. SECTION 3, QUALIFICATIONS, STATUS, AND DUTIES OF CONSULTANT 3.1 CONSULTANT represents and warrants thatit 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 (including CONSULTANT’s), 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 will 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 Monica Oakley as the project director to have supervisory responsibility for the performance, progress, and execution of the Project. Monica Oakley will also 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 director or substitute project coordinator will be subject to the prior written approval 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 noticls which may be necessary and incident to the due and lawful 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 employed 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 020129 LH 0052913 3 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, regdlations, 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 three (3) copies of any documents which are a part of the Deliverables 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 will 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. 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 be responsible for employing all 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 provide or cause to be provided to CONSULTANT such information as is in CITY’s possession regarding CITY’s requirements applicable to the Project as may be reasonably requested by CONSULTANT. 020129 LH 0052913 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 will 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 will not constitute a default under this Contract. 4.3 The city manager will represent CITY for all purposes under this Contract. Phil Bobel is designated as the 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 Nineteen Thousand Nine Hundred Fifteen and no/100 dollars ($i~9,915). 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. The fees of the consultants, who have direct contractual relationships with CONSULTANT, will be approved, in advance, by CITY, and included in the not to exceed One Hundred Nineteen Thousand Nine Hundred Fifteen and no/100 dollars ($119,915). CITY reserves the right to refuse payment of such fees, if such prior approval is not obtained by CONSULTANT. 5.1.2 If this contract is extended by CITY pursuant to section 1.2, the compensation rate paid to CONSULTANT shall be CONSULTANT’S hourly rate adjusted by an amount not to exceed the change in the Consumer Price Index for all urban consumers (San Francisco-Oakland-San Jose, CA). In no event shall the total contract price exceed One Hundred Nineteen Thousand Nine Hundred Fifteen dollars ($119,915). 5.2 CONSULTANT shall submit detailed monthly bills to CITY in triplicate not later than the 15th day of each month. The billings shall indicate each day during the previous month that 020129 LH 0052913 CONSULTANT or its consultants who have direct contractual relationships with CONSULTANTS provided services under the Agreement, the name of the person or consultant that provided services, the hours each person or consultant provided services and a brief description of the services provided. The bills shall also include a list of the reimbursable direct costs incurred during that month. CITY will pay CONSULTANT all undisputed charges within 30 days of receipt of the bill. 5.2.1 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. 5.2.2 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 dontractors. 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 will be made available to CITY for ~uditing 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 will 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. CITX will 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 do-cuments. 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 loss, caused by or arising out of CONSULTANT’s, its officers’, agents’, consultants’ or employees’ negligent acts, errors, or omissions, or willfu! 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. 020129 LH 0052913 6 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 will 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 ~f any of its rights under this Contract. SECTION 9. INSURAIqCE 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 professional 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. 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 will be subject to the approval of CITY’s, risk manager and will c~ntain 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 {s named as an additional insured except in policies of workers’ compensation, employer’s liability, and professional liability insurance. Current certificates of such insurance will be kept on 020129 LH 0052913 7 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 !oss 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. SECTION II.TERMINATION OR SUSPENSION OF CONTRACT OR PROJECT 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. 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 indefinitely withholds or withdraws its request for the :initiation or continuation of services or the execution of the Project. 11.3 Upon such suspension or termination by CITY, CONSULTANT will be compensated for the 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 020129 LH 0052913 8 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 thesame ratio to the total fee otherwise payable for the performance of the service as the quantum of service actually rendered bears to the services n~cessary for the full 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 [ermination, 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, will not be construed as a failure on the part of CONSULTANT to fulfill its obligations under this Contract. 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. 020129 LH 0052913 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 ~ox 10250 Palo Alt9, CA 94303 With a copy to: Phil Bobel City of Palo Alto, Public Works 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 age, race, color, national origin, ancestry, religion, disability, sexual preference or gender of such 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". 020129 LH 0052913 10 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 [Nam~ of Provider] will not discriminate in the employment of any person under this contract because of the age, race, color, national 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 dollars ($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 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. 020129 LH 0052913 11 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 The prevailing party in any action brought to enforce the terms of this Contract or arising out of this Contract may recover its reasonable costs and attorneys’ fees expended in connection with that action.. 16.6 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. 16.7 All provisions of this Contract, whether covenants or conditions, will be deemed to be both covenants and condition~. 16.8 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. 16.9 If a court of competent jurisdiction finds or rules that any p’rovision 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. 16.10 All exhibits referred to in this Contract and any addenda, appendices, attachments, and schedules which, fr6m time to time, may be referred to in any duly executed amendment hereto are by such reference incorporated in this Contract and will be deemed to be a part of this Contract. 16.11 This Contract may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute one and the same instrument. //o // // // // // 020129 LH 0052913 12 16.12 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 fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Contract are no longer available. This Section 16.12 will take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Contract. 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: LARRY WALKER ASSOCIATES, INC. City Attorney APPROVED: Assistant City Manager Director of Administrative Services Director of Public Works Risk Manager Attachments: EXHIBIT "A": EXHIBIT "B": EXHIBIT "C": EXHIBIT "D": Name: Title: Name: Title : Taxpayer Identification.No. 94-2610668 (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 020129 LH 0052913 13 CERTIFICATE OF ACKNOWLEDGMENT Civil Code §1189) On // ~z~ , 2002 before me, the undersigned, a Notary Public in and for@aid County and State, personally appeared , personally known to me or proved to me on the basis of satisfact, ory evidence to be the person(s) whose name(s) ~s~are subscribed to the within instrument and acknowledged to me that ~efs~/they executed the same in hi//h~/their authorized capacity(ies), and that by hi~h~z~their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal Si~a~u Publ i~- ~ 020129 LH 0052913 14 CERTIFICATE OF ACKNOWLEDGMENT Civil Code § 1189 STATE OF ) COUNTY OF ) On , 2002, before me, the undersigned, a Notary Public in and for said County and State, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. : WITNESS my hand and official seal. Signature of Notary Public 020129 LH 0052913 15 City of Palo Alto Professional Services by Lan’y Walker Associates NPDES Permit Application Assistance RFP#138422 Scope of Services Task 1 - Chronic Toxicity Screening Under this task, a work plan will first be developed for chronic toxicity screening. LWA will work with ToxScan to develop the work plan, and will submit the plan to the Regional Water Quality. Control Board (Regional Board) following review and approval by the City. LWA will negotiate changes with Regional Board staff, and obtain ultimate approval from the Regional Board before the study moves forward. The plan will be submitted to th6 Regional Board by May 1, 2002, and approval will be obtained by July 1, 2002. Screening phase compliance monitoring will be conducted according to the requirements presented in the Self-Monitoring program of the City’s current NPDES permit. The elements outlined in the program requirements will be incorporated into the work-plan including identification of the species to be tested (1-2 freshwater species and 3-4 saltwater species), the number of tests to be conducted, frequency of testing, and test methods. After ToxScan completes the first draft of the toxicity screening and prepares a draft report with recommendations by September 1, 2002, LWA will perform a quality control review of their work prior to submittal of a draft report by October 1,2001 for City review. The report will make recommendations for ongoing chronic toxicity testing based upon test results, which will include determination of the most sensitive species for subsequent routine compliance monitoring for chronic toxicity. The report is intended to meet the requirements of Provision E.9. of the Palo Alto NPDES pem~it. Following review and approval by the City, the report will be finalized and submitted to the Regional Board by November 1, 2002. Task 2 - Disinfection Criteria Modification Currently, the City of Palo Alto has a total cofifom~ effluent limitation in its NPDES permit as follows: The treated wastewate~; at some point in the treatment process prior to discharge, shall meet the following limits of bacteriological quality: a. The moving median value for the Most Probable Number (MPN) of total coliform bacteria in any five (5) consecutive samples shall not exceed 23 MPN/1 O0 mL; and b. Any single sample shall not exceed 240 MPN/IO0 mL. The City wishes to consider an alternative disinfection indicator other than total coliform for indicating the presence of pathogens in the wastewater effluent. P alo Alto’s permit, as well as the San Francisco Basin plan, allow for a change to a fecal coliform effluent limit if a study is conducted to determine that use of fecal coliform will not result in unacceptable adverse impacts on the beneficial uses of the receiving water. No specific requirement for a study is required with the use of enterococci, although it is possible that the Regional Board, or other interested parties, would request such a study if the City wishes to pursue this alternative. In general, a fecal coliform limit, or an enterococci limit, is more desirable than a total coliform limit (if the City can meet this limit on a regular basis) because these alternative indicators are more specific indicators of the presence of human pathogens than total coliform. Some cost savings could also be potentially be achieved through lower doses of chlorinating agent. USEPA has recently encouraged regulatory agencies and dischargers to consider using enterococci as an effluent limit for marine waters, because this indicator is even more specific to human pathogens than fecal coliform. In June, 2001, the NPDES permit for Central Contra Costa County was renewed with an enterococci limit. To obtain the enterococci limit, the District The purpose of this task is to identify which of these alternate limits would be desired for the City, and to obtain the alternate limits from the Regional Board as a part of the permit renewal process. The City is conducting the work, including bay sampling and documentation. Larry Walker Associates will assist the City on activities related to facilitating approval by the Regional Water Quality Control Board of the study results. Task 3 - Marsh Conversion Documentation 3.1 Prepare Work Plan The work plan will include the methods for determining the extent of upland conversion to brackish or freshwater marsh in th~ vicinity of the main Palo Alto RWQCB discharge point. The work plan will emphasize and detail low cost methods that can be easily replicated over time. For this project, we-are proposing to establish a baseline vegetation classification and mapping system from historic and preproject aerial photographs of the main Palo Alto RWQCB discharge point. A similar approach was successfully used for estimating existing, and potential future wetland acreages for various lands under consideration as mitigation sites for the San Francisco Airport Expansion project. Although the Request For Proposal specifies a one-time assessment of the marsh conversion site, it is assumed that the City of Palo Alto intends to continue this study into the future, therefore, the work plan will emphasize low cost, easily duplicated study methods that can be undertaken by the City or its consultants in the future. A draft work plan will be prepared and submitted for review. A final work plan will then be developed based on comments received by the City of Palo Alto on the draft work plan. 3.2 Undertake Marsh Conversion Assessment Based on the methods outlined in the final work plan (described above), an assessment of marsh conversion at the main Palo Alto RWQCB discharge point will be conducted. Limited ground-truthing will be conducted to verify aerial photographic signatures and fine-tune vegetation classifications and descriptions. The baseline’data set will then be prepared, as well as data sets that correspond to various treatments or projects that have occurred at this site since the baseline data set. This scope assumes at least one data set will.be prepared for the 2002 study year based on aerial photographs taken in May or earty June 2002 (provided by the City of Palo Alto). A baseline vegetation map corresponding to pre-project conditions with transparency overlays for historical and ctm’ent conditions) will then be prepared. An electronic planimeter will be used to quantify the amount of each vegetation type, and the acreages of each habitat, as well as the percent changes between the baseline data set and subsequent data sets. A summary table will be prepared documenting the results of the investigation. Task 4 - Reasonable Potential Analysis and Effluent Limit Recommendations., The LWA Team will perform a "Reasonable Potential Analysis" (RPA) for the Palo Alto effluent using the approach in the State Implementation Plan. The RPA will be conducted using the most recent three years of data. In addition to the RPA, which identifies the constituents needing effluent limits, effluent limits themselves will be calculated. Task 4.1 Collection of Data and Evaluation for Sufficiency and Outliers Pertinent data will be collected and reviewed to evaluate compliance history and determine sufficiency. The State Implementation Plan (SIP) contains several provisions that depend on data sufficiency, so this step is important. Data to be reviewed may include influent, effluent and receiving water data (flows, quality), whole effluent toxicity data, pretreatment program data, sludge data, water supply data, and sediment data. h~formation to be collected includes the current Basin Plan, pertinent Regional Board correspondence, any pertinent special studies performed by the City, and current planning documents for the wastewater treatment plant. Also, outliers in the data wi!l be evaluated to determine if it is appropriate for Palo Alto to request that they be removed from the dataset for determining reasonable potential and calculating effluent limitations. Task 4.2 Determination of Reasonable Potential and Effluent Limitations The first step in the process of computing effluent limits is to conduct a Reasonable Potential Analysis (RPA) in order to determine which of 126 possible constituents in the effluent are causing or contributing to the violation of a water quality objective. If so, an effluent limit is computed for that constituent. Tliere are eight steps for the new RPA approach defined in the SIP, and each step is used to analyze each of the 126 priority pollutants. The RPA steps are summarized in Table 1. Table 1. Reasonable Potential Analysis Steps in State Implementation Policy Step 1 Identify lowest applicable water quality objective (WQO). For metals, a default translator, or conversion value, developed by USEPA is used to convert from the dissolved objective to an equivalent value which can be used to determine a total recoverable effluent Iimi.’t, unless a site-specific translator is developed. Step 2 Determine whether data are available and sufficient. Step. 3 Determine maximum observed value and set equal to maximum effluent concentration (MEC). If not detected, set lowest detection limit to MEC. Step 4 Compare MEC to-WQO. Step 5 Identify background receiving water data. Step 6 Compare background data to WQO. St.ep 7 Determine whether any other infon-nation suggests need for effluent limit. Step 8 Determine whether (1) daa are insufficient or (2) all detection levels of pollutant in effluent are greater than or equal to WQO. If yes, monitor only (no effluent limit). The principal differences i’n the new RPA approach compared with the previous method are as follows: ¯Effluent data are compared directly to the water quality objective; no dilution is taken into account. ¯If background receiving water data are above the water quality objective, an effluent limit is required, regardless of whether the constituent has ever been detected in , effluent. If the receiving water data are below the water quality obj ective, or not available, and the detection limit of non-detected effluent data is above the water quality objective, then no effluent limit is required. Once the RPA is conducted and the constituents needing effluent limits are identified, the next step is to calculate those limits. The new approach allows for two kinds of effluent limits, namely, interim limits and final limits. Final limits are calculated using a multi- step procedure (similar to the RPA) which takes into account the water quality objective, whether or not dilution credit is provided, the background receiving water concentration, variability of the data, frequency of data collection, and the total number of data points. Final limits are computed for maximum daily, and average monthly, conditions. If the final limit is not immediately achievable by a discharger, or if data are insufficient to calculate a final limit using the procedure mandated by the SIP, then interim limits may be provided instead of final limits. Per the SIP, interim limits are determined as the lower of (1) historical performan.ce, computed as the actual maximum observed value, or a statistical representation of the maximum observed value, or (2) the previous permit limit. If interim limits are desired (as expected), a special analysis is required, and will be conducted by the LWA Team, to show that it is infeasible to comply with final limits. LWA has developed a customized computer program for determining whether reasonable potential exists for a discharger to cause or contribute to the exceedance of a water quality objective. The program also computes final and-interim effluent limitations. This program will be used to quickly conduct these analyses. Task 4.3 Sensitivit~ Analyses for Effluent Limitations There are different ways to interpret lariguage in the CTR and the SIP. It will likely be appropriate to conduct "what ifs" on the RPA and calculation of effluent linaits to determine the consequences of various alternative interpretations. Task 5 - Renzel Wetlands Biological Evaluations Task 5.1 - Evaluation of Aerial Photos Under this Task, the LWA team will conduct a habitat assessment for Northern Coastal Salt Marsh (also referred to as picldeweed marsh), the habitat for the salt marsh harvest mouse. We understand that the Renzel site has been exposed to tidal action for about 8 years, a~d that the purpose of this assessment is to document the changes in the amount- and location of wetland and upland habitats at the site. The LWA team will assess readily available baseline arid subsequent aerial photographs of the Renzel Wetlands site, and conduct limited ground-truthing to verify aerial photographic signatm’es and fine-tune vegetation classifications and descriptions for this site. May & Associates, Inc. will then prepare the baseline data set, and a data set that represents current site conditions. Transparency overlays corresponding to the other data sets will be used. Historic aerial photographs of the site will be evaluated to identify and evaluate marsh colonization patterns. An electronic planimeter will be used to quantify the amount of each vegetation type, and the acreages of each habitat, as well as the percent changes-between the baseline data set and current data set. A summary table will he-prepared documenting the results of the investigation. Task 5.2 - Salt Marsh Harvest Mouse This portion of the task will include an evaluation of the Salt Marsh Harvest Mouse (SMHM) at the Renzel Wetlands, including review of existing SMHM_data for the area, consultation with wildlife agencies, local baylands interest groups, mad agencies who have conducted SMHM studies in the a~ea. Recommendations for evaluation of SMHM will be made based on this information. Ift.he City determines that SMHM monitoring should be conducted, a proposed work plan will be developed which will focus on determining the relative abundance of the 8MINVl. Elements of the work plan will include site selection to ensure effective sampling of all sections of the marsh and all microhabitat types, appropriate sampling frequency, and collection of data so that it is comparable to results from previous studies. Once the work plan is finalized, SMHM monitoring will be conducted. The SMHM population will be estimated and compared to past studies at the Renzel Wetlands. A final report will be prepared comparing the results of the latest monitoring event to earlier events. Task 6 - Assistance with Permit Application It is anticipated that Palo Alto staff will prepare the permit application. However, LWA will answer any questions, provide insight to the reasons certain types of information are being requested, and review the completed application prior to submittal to the Regional Board to make sure the appropriate information is provided. Task 7 - Assistance with Permit Renewal Negotiations The LWA team will assist with NPDES permit negotiations associated with the permit renewal. Negotiations normally begin sometime after the permit application is submitted, which is six months prior to the expiration of the existing permit. The actual initiation of permit negotiations could vary, however, depending on the worldoad of Regional Board staff or other considerations. It is expected that the permit renewal will be coordinated with the penNt renewals for the City of San Jose and the City of Sunnyvale, also. The fi}st step is often a ldck-offmeeting, followed by discussions concerning the RPA and .permit findings, prohibitions, effluent limitations, receiving water limitations, and provisions. The negotiations are organized into the following subtasks. Task 7.1. Meetings and Communications with Regional Board Staff and Other Interested Parties The investment in communicating with Board staff and other interested parties on a regular basis cannot be overemphasized. History has shown that decisions regarding the permit conditions are almost always made by Board staff. Once the Board hears the permit in a public forum, it is very unusual for changes to occur. The estimate of hours for this task includes four meetings with Board staff, as well as other forms of communication such as phone conversations, email, and fax. Task 7.2 - Comments ,on Administrative Drafts Due to the increasing complexity of NPDES permits in California, Regional Board staff are startir~g to request that comments on administrative drafts be submitted in writing, with a justification for any requested changes. This approach takes additional thne for the discharger, however it provides irtforrnation that is critical to educate inexperienced permit writers and assists them in justifying approaches that are preferred by the discharger. In addition, this approach may ultimately result in less confusion regarding what the discharger is requesting. After initial review of comments on the administrative draft, a meeting is usually held with Board staff to review them. It is estimated that there will be two administrative drafts. Task 7.3 - Task 8 Comments on Tentative Order Comments on the Tentative Order are normally more detailed and comprehensive than cdmments on administrative drafts because the Tentative Order comments are submitted for the public record and can be used in an appeal or for other actions on the permit. The Tentative Order comments may require additional research for citations of precedent- setting activity, and will cover all aspects of the permit that the City wishes the Board staff to revise or that the City may wish to appeal. Task 7.4 - Negotiations During Public Comment Period Once the Tentative Order comments are submitted to the Board, which may be in a preliminary form prior to the official public comment date, it is appropriate to meet with Regional Board staff to work out a~y differences. In addition, it is possible that Regional Boardstaffmay wish to make changes to the permit during the public comment period and will normally discuss these changes with the discharger. Depending on the number of administrative drafts, and the timing under which the Tentative Order is issued, there may be a fair an~ount of activity during the public comment period. At the current time, the Regional Board staff is still developing its SIP/CTR interpretation strategy, and it is expected that by the time the City’s permit comes before Regional Board staff, that additional progress will be made, resulting in a somewhat more predictable and stable permit renewal process than has taken place recently. Task 7.5 - Preparation for Board Hearing While the City is not required to testify at the Regional Board Hearing on its permit, it is advisable to do so. The reasons for testifying include (i) to express either support for the permit as is; (2) to express objection to specific and significant provisions, possibly reaching an agreement with Regional Board staff and Board members that was not possible without the pressure of a public forum (it should be noted, however, that it is unusual for Board members to agree to changes not supported by staff); (3) to cour~ter any comments from other public entities that may influence the outcome of the permit; and/or (4) to present examples of positive activities that the City is engaged in to the Board members, as an investment for the future in case some unforeseen compliance or other problem occurs and previous good news about the wastewater facilities could assist ~ obtaining more reasonable conditions of a settlement. Under this task, a strategy will be developed, remarks drafted, and speakers selected for the Regi6nal Board hearing. Task 7.6 - Proofing of Final Order Depending on the number of changes that occur during the public comment process, it is advisable to proof the post-Board Hearing version of the permit before it is signed by the Executive Officer, to make sure changes were made as agreed upon. Even typographical mistakes can render the content of a particular condition different than intended. Task 7.7- Development of Compliance Plan and Dates Tracking The San Francisco Regional Board has continually increased its requirements for special studies related to toxics and other matters. In addition, the State Implementation Plata requires dischargers to conduct additional monitoring and pollutant minimization. programs. Each of these activities are normally assigned a compliance schedule in the permit. While LWA advocates making these schedules relative in nature (the clock "starts ticking" when certain’actions are completed by the Regional Boat’d, such as the permit being adopted or a work plan is approved), since the number of special studies is increasing, it may be helpful to the City for an overall schedule and plan to be dev.eloped to keep track of these activities to prevent any potential compliance problems. Task 8 - Santa Clara Basin Watershed Management Initiative Assistance The City of Palo Alto has ongoing involvement with the Santa Clara Basin Watershed Management Initiative (WMI) and the LWA Team has experience in representing the City in these activities. Many. of the programs carried out by the WMI are directly related to Palo Alto’s NPDES permit at~d therefore this activity is directly related to the -scope of this project. An exampie of this type of work is the ongoing effort to finalize site-specific water quality objectives {or copper and nickel in South San Francisco Bay. Copper and nickel are expected to have effluent limits in the City’s renewed permit. The LWA Team will continue to participate on the City’s behalf in the WMI. Task 9 - Ongoing Regulatory Support The regulatory climate for NPDES permitting in California is very dynamic. Within the past year alone, state and federal regulations have significantly changed the rules for calculating effluent limits, several lawsuits brought by dischargers and other entities contesting NPDES permits have been heard before multiple courts, staff turnover at state and federal regulatory agencies has been significant, state legislation was implemented which imposes.mandatory minimum penalties for effluent limitation violations, and activity related to Total Maximum Daily Loads (TMDLs) has progressed. While it is hoped that this quantity of change will not occur in every ye~ between now when the District’ s permit is up for renewal, even one-half of this activity will likely result in significant uncertainty regarding future permit conditions. While portions of proje.ct scope address specific issues which are anticipated at this time, other issues are likely to come up that are currently unanticipated. This task provides additional regulatory support for issues not specifically identified in this scope but that are relevant to NPDES permitting for the City. 0 0 0 0 0 0 0 ~ ~ooo ooo o-r~ 0 o ~ ’0 0~1 0 ~ 00 ~.0 ~ 0 o 0 0 ._ o.~_ o .~_ -121. LARRY WALKER ASSOCIATES Rate Schedule - Effective July 1, 2001 - June 30, 2002 PERSONNEL LinTy Walker Tom Grovhoug Oil Wheeler Malcolm Walker Armand Rub3, Monica Oaldey Robert Smith Betsy Elzufon ~Ashli Cooper Claus Suverkropp Brian Laurenson Michelle Buzbee Stephen McCord Dean Messer Heather Kirschmarm Eric Zeigler Kathryn Walker Kristine Corneillie Mitchell Mysliwiec Shelli St.Clair Erich Simon Michael Trouchon Airy Krich-Brinton Susan Fishel Everest Yan Yazmin O’Quinn Chris Erichsen Grdg Reide John LeClercq Reimbursable Costs Rate S/Hour $190.00 $190.00 $185.00 $185.00 $165.00 $165.00 $160.00 $140.00 $140.00 $125.oo $125.00 $125.oo $115.00 $105.00 $105.00 $105.00 $105.00 $105.00 $105.00 $105.00 $105.00 $100.00 $95.00 ~ $95.00 $85.00 $85.00 $75.00 $60.00 $55.oo Travel:Local Mileage Transportation Auto rental Fares Room Subsistence (1) - $0.345/mile - actual expense - actual commercial rate - actual expense - actual expense - $40.00 per day Report Reproduction and Copying - a.ctual outside expense - $0.06 per copy, in-house - $1.95 per binding, in-house Special Postage and Express Mail - actual expense Other Direct Costs - actual expense Subcontractors - actual expense plus 10% fee Note: (1) Charged when overnight lodging is required. PART II- INSURANCE REQUIREMENTS FORM 65O CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH A BEST’S KEY RATING OF A:X, OR HIGHER, LICENSED TOTRANSACTINSURANCE BUSINESS IN THE STATE OF CALIFORNIA, ~,WARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AS SPECIFIED, BELOW: MINIMUM LIMITS REQUIRED YES YES YES YES YES TYPE OF COVERAGE WORKER’S COMPENSATION AUTOMOBILE LIABILITY COMPREHENSIVE GENERAL LIABILITY, INCLUDING PERSONAL INJURY, BROAD FORM PROPERTY DAMAGE BLANKET CONTRACTUAL, AND FIRE LEGAL LIABILITY COMPREHENSIVE AUTOMOBILE LIABILITY, INCLUDING, OWNED, HIRED, NON-OWNED " PROFESSIONAL LIABILITY, INCLUDING, ERRORS AND OMISSIONS, MALPRACTICE (WHEN APPLICABLE), AND NEGLIGENTPERFORMANCE REQUIREMENT STATUTORY STATUTORY BODILY INJURY PROPERTY DAMAGE BODILY INJURY & PROPERTY DAMAGE COMBINED. BODILYINJURY EACH PERSON EACH OCCURRENCE PROPERTY DAMAGE BODILY IN,JURY AND PROPERTY DAMAGEI COMBINED ALL DAMAGES EACH OCCURRENCE $1,000,000 $1,000,000 $1,000,000 $I,OO6,OOO $1,000,000 $1,000,000 $I,000,000 $1,000,000 $1,000,000 AGGREGATE $1,000,000 $1,000,000 $1,000,O00 $1,000,000 $1,000,000$1,o~o,ooo $1,000,000 $1,000,000 THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: BIDDER, AT ITS SOLECOST AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE ’TERM OF ANY RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT-ONLY BIDDER AND ITS SUBCONTRACTORS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’ COMPENSATION, EMPLOYER’S LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSURES CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES. I1. INSURANCE COVERAGE MUST ]NCLU~&: Ao A PROVISION FOR A WRITEN THIRTY DAY ADVANCE NOTICE TO CITY OF CHANGE IN COVERAGE OR OF COVERAGE CANCELLATION; AND A CONTRACTUAL LIABILITY,ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR ~ONTRACTOR’S AGREEMENT TO INDEMNIFY CITY- SEE PART II, SECTION 500, FORMAL CONTRACT(SAMPLE). SUBMIT CERTIFICATE(S) OF INSUIS, ANCE EVIDENCING REQUIRED COVERAGE,-OR COMPLETE THIS SECTION AND IV THROUGH VI, BELOW. A.NAME AND ADDRESS OF COMPANY AFFORDING COVERAGE (NOT AGENT OR BROKER): B.NAME, ADDRESS, AND PHONE NUMBER OF YOUR INSURANCE AGENT/BROKER: C.POLICY NUMBER(S): CITY OF PALO ALTO RFP 138422 PAGE I OF 2 pART II - INSURANCE REQUIREMENTS FORM 650 D.DEDUCTIBLE AMOUNT(S) (DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY’S PRIOR APPROVAL): II1. IV. AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AND BIDDER’S SUBMIq-I’AL OF CERTIFICATES OF INSURANCE EVIDENCING COMPLIANCE WITH THE REQUIREMENTS SPECIFIED HEREIN. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO "ADDITIONAL INSURES" A.PRIMARY COVERAGE WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OFTHE NAMED INSURED, INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSURES. B.CROSS LIABILITY THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSURES UDNER THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE ~TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY. NOTICE OF CANCELLATION IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER THAN THE NON-PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRI’Iq’EN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. IF THE POLICY- IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A TEN (10), DAYWRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. PROPOSER CERTIFIES THAT PROPOSER’S INSURANCE COVERAGE MEETS THE ABOVE REQUIREMENTS: THE INFORMATION HEREIN IS CERTIFIED CORRECT BY SIGNATURE(S) BELOW. SIGNATURE(S) MUST BE SAME SIGNATURE(S) AS APPEAR(S) ON SECTION 300A. Firm: Signature: Name: Signature: Name: Lar~$~ Walker Associates Larry #~’ke r ~/~/v//~~(Prirlt or type name) Louise Walker (erint or type name) NOTICES SHALL BE MAILED TO: PURCHASING AND CONTRACT ADMINISTRATION CITY OF PALO ALTO P.O. BOX 10250 PALO ALTO, CA §4303. CITY OF PALO ALTO RFP 138422 PAGE 2 OF 2 ACORD,. ~oDUOER Dealey, Renton& Associates pc O. Box 12675 oakland, CA 94604-2675 ,510 465-3090 ~-NsURED Client~ : 422 LARRYWALK CERTIFICATE OF LIABILITY INSURANCE .09/20/o: DATE’MM’OD’ THIS CERTIFICATE IS ISSUED AS AMATTER OF INFORMATIONONLYAND CONFERS NO RIGHTSUPON THE CERTIFICATE.HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND ORALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Larry Walker Associates, Inc. 509-A Fourth Street Davis, CA 95616 COVERAGES INSURERS AFFORDING COVERAGE ~NSURER A:Hart ford Casualty INSURER B:American Motorists ~NSURERo:Security Ins. Co. INSURER D: INSURER E: Insurance Co. Ins. Co. of Hartford THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREINISSUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMffS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRLTR "f~’PE OF INSURANCE POLICY NUMBER GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE[~ OCCUR A B C GEN’L AGGREGATE LIMITAPPLIES PER: "~POLICY~-~PRO-JEOT ~tOC AUTOMOBI LE LIABILITY X ANY AUTO ALL OWNE.D AUTOS SCHEDULED AUTOS HIRED AUTOS NON-O~/NED AUTOS ~ANYAUTO ~DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND EMPLOYERS’ LIABILITY OTHER Professiooal Liability 57UECHS8860 7CW23598808 AEE0300795 PC LIOY EFFECTIVEDATE [MM/DD/YY) O&/20/O0 09/01/01 03/ii/Oi POLICY EXPIRATIOI~DATE (MMID DIY’~ 04/20/02 09/OZ/OZ 03/11/02 LIMITS EACH OCCURRENCE , FIRE DAMAGE (Anyone fire ME D EXP (Any one person) PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS-COMP/OP AGG COMBINED SINGLE,LIMIT 0 0 0 0 0(Ea accident)$1 !, BODILY INJURY(Per person) BODILY INJURY(Per accident) PROPERTY DAMAGE(Per acoldenl) AUTO ONLY- EA ACCIDENT OTHER THAN EA ACC AUTO ONLY:AGe $ EACH OCCURRENCE AGGREGATE $ $ /~,OSTATU-. .X TORY L M TS E.L. EAOHAOOIDENT $1 ! 000! 000 E.L.DIS~ASE-EAEM.PLOYE[ 31 I 000 t 00 E.L. DISEASE-POLIOY LIMF $1 $i,000,000 per claim $1,000,’000 annl aggr. DESCRIPTION OF OPERATIONSILOOATIONSIVEHICLESIEXOLUS’IONS AD DED BY ENDORSEMENT/SPECIAL PROVISIONSAll operations of the named insured. CERTI._.~FICATE HOLDER City of Palo Alto Purchasing and Contract Administration , PO Box 10250 Palo Alto, CA 94303 CANCELLATION [ SHOULD ANYOFTHE ABOVE DESCRIBE~D POUCIES BEOANOELLED BEFOF~THE EXPIRATION I DATETHEREOF,THE ISSUIN& INSURER WILL EN DEAVOB TO MAll,3_O~ DAYSWRIT]’EN ’ NOTICE TO THE CER’flFIOATE HOLDER NAME D TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANYKIND UPON THE INSUREF~ITS AGENTS OR REPRESENTATIVES. A<ORIZED REPRESENTATIVE:;-- IACORD25-S(7/97)l of 1 #M48137 ’ ~ (916)646-1919 FAX (916)646-0995 ~cGee, Thielen & Purves Insurance Brokers, Inc, 3780 Rosin Court Suite 200 Lic # 0633187 Sacramento, CA 95834 Ns--~o,Larry Walker Associates Inc. 509 Fourth Street Davis, CA 95616 CERTIFICATE OF LIABILITY INSURANCE I DATEIMM/OD 09/19/2001 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIONONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND ORALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, INSURERS AFFORDING COVERAGE Golden EagleINSURER A’ INSURER B. INSURER C INSURER D !INSURER E’ THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED ORMAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCHpOLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY EFFECTIVELTR . TYPE OF INSURANCE POLICY NUMBER GENERAL LIABILITY GEN’L AGGREGATE LIMIT APPLIES PER: "~ POLICY ~-~-~PRO-JECT ~-~ LOC AU___TOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOSIA -~ HIRED AUTOS X NON-OWNED AUTOS GARAGE LIABI[JTY~ANY AUTO EXCESS LIABILITY "-~ OCCUR ~] CLAIMS MADE ~DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND EMPLOYERS’ LIABILITY OTHER 2CP9504069 ZCP9504069 DATEo7/ol/zool 07/01/2001 POLICY EXPIRATIONDATE fMM/DD/YY}o7/ol/2OO2 o7/ol/zooz LIMITS EACH OCCURRENCE $1,000,000 FIRE DAMAGE (Any one fire)$50 r 000 M~D EXP (Any one person)$5 ~ 000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000 r 000 PRODUCTS - COMP/OP AGG $rNCLUDED COMBINED SINGLE LIMIT(Ea accident)$1,000,000 BODILY INJURY(Per person)$ BODILY INJURY(Per accident)$ $PROPERTY DAMAGE(Per accldent) AUTO ONLY-EAACCIDENT OTHER THAN E~ACO AUTO ONLY:AGO EACH OCCURRENCE AGGREGATE WC STATU-OTH-TORY LIM TS ER E.L ~CH ACCIDENT E.L. DISEASE -EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ $ $ $ iS I$ $ $ $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS ~ddi tional i nsuredendorsement GECG601 attached for General Liabi] ityrri~lary wordJrlg endorsment attached LO day notice of cancellation applies for non-payment of premium CERTIFICATE HOLDER I X I ADDITIONAL INSURED; INSURER LETTER: City of Palo Alto Purchasing and Contract Administration P.O. Box 10250 Pa]o Alto, CA 94303 A---’~’~D 25.S (7/97) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SH~l_ IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE CO MPANY, I’}(~ENTS OR RE~ENT,~’;I~E".~.AUTaOR,Z~D REPRE"NTAT,VE y~r~. tl~ .~"’ Purves/mt ~ @ACORD 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 ofthe policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ~CORD 25-S (7/97) GOLDEN EAGLE INSURANCE COMPANY P. O. BOX 85826 SAN DIEGO, CA. 92186-5826 ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS (FORMB) Policy No: CCP9504069 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies Insurance provided under the following. COMMERCIAL GENERAL LIABILITY COVERAGE PART 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 liability arising out of "your work" for that insured by or for you. The coverage afforded the additional insured does not apply to any project on which "your work" was completed prior to the effective date of this endorsement. SCHEDULE Name of Person or Organization: PURCHASING AND CONTRACT ADMINISTRATION CITY OF PALO ALTO CG 2010 (11-85) modified GECG 601 (10/98) Includes copyrighted material of Insurance Services, Inc. 1992 with it~ permission. GOLDEN EAGLE INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EFFECTIVE DATE: t)7/01/21)(11 POLICY NUMBER: CCP9504069 ISSUED TO: Larry Walker Associates, Inc. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORM PRIMARY INSURANCE ENDORSEMENT THE INSURANCE PROVIDED BY THIS POLICY FOR THE BENEFIT OF Larry Walker Associates Inc. AND City of Palo Alto SHALL BE PRIMARY INSURANCE AS RESPECTS TO ANY CLAIM, LOSS OR LIABILITY ARISING OUT OF THE NAMED INSURED’S OPERATIONS, OR BY ITS SUBCONTRACTORS FOR WHJCH Larry Walker Associates Inc. IS FOUND TO BE LIABLE AND WHICH LIABILITY APPLIES TO THE SPECIAL CONTRACT UNDER WHICH Larry Walker Associates Inc. HAS AGREED TO PERFORM SPECIFIC OPERATIONS, ANY OTHER INSURANCE MAINTAINED BY (certificate holder) SHALL BE EXCESS AND NONCONTRIBUTORY WITH THE INSURANCE PROVIDED BY THIS POLICY. GE CG 827 (02-89) GE PART II - PROPOSER INFORMATION SECTION 300A PROVIDE THE INFORi~IATION REQUESTED BELOW OR INDICATE "NOT APPLICABLE", IF APPROPRIATE NAME OF PROPOSER (COMPANY)ADDRESS Larry Walker Associates 509 Fourth Street Davis, CA 95616 IRS Number: 94-2610668 Phone/Fax Number: (530) 753-6400 fax:(530)753-7030 A.Proposer is a: California Corporation Corporation organized under the laws of the State of with head offices located at and offices in California at , proprietor. [] [] [] California Limited Liability Company Sole Proprietorship; Partnership Limited Liability Partnership List names of partners; state which partner or partners are managing partner(s) []~)~her (attach Addendum with explanatory details)" How many years have you (or your firm}done business under the name listed above?22 Fears C.How many ye.ars of experience similar to work or services covered in this RFP?1-5 years D.Provide relevant references of contracts satisfactorily completed in the last three (3) years: CUSTOMERCOMP~NY ~aDa Sanitation NistrJ City of Modesto Sacramento Regional Sa_~nitation District East Bay Dischargers CONTACT~HONENUMBER ct Mike Alexander (707)258-6000 Robert Howard (209) 577-5215 Robert Shanks (916) 874-6581 Charles Weir (415) 278-5910 Phil Bobel (650) 329-2598 DATE COMPLETED ,started 7/99 on~oin~ 7/31/01 7/31/2000 3/31/0! started 7/99 ongoingCi___ty of Palo Alto (PROVIDE ADDITIONAL SHEETS, IF NECESSARY) CITY OF PALO ALTO RFP 138422 PAGE 1 OF 4 CONTRACTAMOUNT $395,889 $20,000 $13o,5oo $i0,000 $298,911 I I I PART II- PROPOSER INFORMATION SECTION 300A E.Have you (or your firm) previously worked for the City of Palo Alto? *Yes, or ~ No (if"Yes", list above, or if necessary, provide information on additional sheets). If applicable, provide a list of the plant(s), and/or facilities, and equipment owned by the Proposer which are available for use on the proposed work as may be required herein. QUANTITY NAMEFI-¥PE/MODEL, CAPACITY, ETC.CONDITION LOCATION N/A (INCLUDE ADDITIONAL PAGES IF NECESSARY) G.Provide a list of the Proposer’s management staff who will manage the proposed work of services: NAME Monica Oakley" FIELD OF EXPERTIS~]CAPABILITIESIEXPERIENCE Expert in wastewate~ systems planning, watershed management and regulatory compliance; 18 years experience managing projects znc±uding permzt negotiation & compli~; ~Luj~L manager for Napa SD and Sausalito-Marin City Sanitary Distr (INCLUDE ADDITIONAL PAGES IF NECESSARY) H.Contractors license, number/type:N/A Minority Business Enterprises: Proposer is ~_, or is not X a minority, or Women, or Di.sadvantaged Business Enterprise ,Small Business Concern: . Proposer is ~_, or is not X a Small Business Concern Identify the names and business addres¢ of each subcontractor performing work, unSer this RFP. After opening of Proposals, no changes or substitutions will be allowed except as otherwise permitted by City. The listing of more than one subcontractor for each item of work to be performed with the words ’and/or’ will not be permitted. Failure to comply with this requirement will render the Proposal as nor~-responsive and may cause its rejection. List all such subcontractors below, or in additional sheets, as required: NAMEANDADDRES8 1.Philip Leitner 2 Parkway Ct Orinda, CA 94563 2. ToxScan, 7nc. 42 Hang~r Wa __Watsonville, CA 95076 3’., May gAss6ciates 14769 T~ornton-W~inut Grove SCOPE OF WORK Consultant in Wildlife Biology. Phil wii be responsible for Salt Marsh Harvest Mouse Monitorin~ at Renzel Wet]~j ~ToxScan is an environmental testing lab-will provide toxicity testing and recommendations for chronic toxici screening tasks under this project. May& Ass6ciatesis an ecological services firm with ¯ spec~a±ty in aerial photo mapping of biological resour~ (INCLUDEADDITIONALPAGESIFNECESSARY)Walnut Grove, CA 95690 Or, [] _ Subcontractors will not perform work, provide labor, or render services in or about the work covered by this RFP (check and initial). ct. ¯ _es. CITY OF PALO ALTO RFP 138422 PAGE 2 OF 4 PART K. Or, L. Mo II- PROPOSER INFORMATION SECTION 300A Addenda During the Proposal pro.cess there may be changes to the Proposal documents, which would require an issuance of an addendum or addenda. City disclaims any and all liability for loss, or damage to any Proposer who does not receive any addendum issued by City in connection with this RFP. Any Proposer in submitting a Proposal is deemed to waive any and all claims and demands Proposer may have against City on account of the failure of delivery of any such addendum to Proposer. Any and all addenda issued by City shall be deemed included in this RFP, and the provisions and instructions therein Contained shall be incorporated to any Proposal submitted by Proposer. To assure that all Proposers have received each addendum, the following acknowledgment and sign-off is required. Failure to acknowledge receipt of an addendum/addenda may be considered an irregularity in the Proposal: Addendum number(s) received: I-]1; [] 2; [] 3; [] 4; [] 5; [] 6;[] 7; [] 8; [] 9 1~__~,. No Addendum/Addenda Were Received (check and initial). The Proposer represents that it has not retained a person to solicit or secure a City contract (upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee) except for retention of bona fide employee or bona fide established commercial selling agencies for the purpose of securing business. Proposer’s Designated Contact Name;Monica Oakle¥Title:Associate Phone: (925) 962-9700 Fax:. (925) 753-7030 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. P.Proposer is requirea to provide a certificate in good standing from the State of California with its Proposal. *Has been requested & will be presented if award, ed t..h.,e con.,t, rac~t~.~ee attached. ]’he undersigned hereby agrees to, and accepts the terms ane conoidons or ~n s ~-~. Or, Signatures (Must be the same signature(s) as will appear on Contract): First O~f~4.~ -~ Larry F. (Printed name of signatory) President(Title of signatory) ~"(Sig tl’a’[ure) T,o~i .qe W~Iker (Pdnted name of signatory) Vice President (Title of signatory) Note: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. CIT,Y OF PALO ALTO RFP ’138422 PAGE 3 OF 4