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HomeMy WebLinkAbout2002-10-21 City Council (8)TO," City of Polo Alto City Manager’s Report HONORABLE CITY COUNCIL FROM:CITY MANAGER DEPARTMENT: PUBLIC WORKS DATE:OCTOBER 21, 2002 CMR:424:02 SUBJECT:APPROVAL OF CONTRACT WITH CONOR PACIFIC IN THE AMOUNT OF $65,313 FOR LANDFILL ENVIRONMENTAL MONITORING RECOMMENDATION Staff recommends that Council: o Approve and authorize the~Iayor to execute the attached one-year agreement with Conor Pacific in.the amount of $65,313, with option for an additional two years to provide landfill en’~ironmental monitoring services. Authorize the City Manager or his designee to negotiate and execute one or more change orders to the consultant contract with Conor Pacific, the total value of which shall not exceed $6,000 per year. Authorize the City Manager or his designee to exercise the option to renew the agreement for the second and third year provided the proposed cost of the renewal agreement 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 ~cceptable during the first year of the agreement (and/or other conditions which will determine the City’s willingness to renew the agreement). DISCUSSION Project Description The work to be performed under the contract is for the routinemonitoring, sampling, and laboratory analyses required for the Palo Alto Landfill’s environmental control programs. These tasks are required by site permits, as well as Local, State, and Federal regulations. Specifically, these tasks include: 1) groundwater monitoring; 2) leachate monitoring; 3) landfill gas monitoring; 4) stormwater monitoring; 5) monitoring report preparation; and 6) limited consulting services. Selection Process Staff sent a Request for Proposal (RFP) to five (5) pre-qualified consulting firms on CMR:424:02 Page 1 of 2 August 14, 2002. Firms were given approximately 3 weeks to respond to the request. A total of five (5) firms submitted proposals. Proposals ranged from $ 55,228 to $ 87,008 annually. Proposals were reviewed by two Public Works/Operations staff experienced in landfill environmental monitoring programs. The proposals were carefully reviewed and evaluated relative to the following criteria: 1) Bid price; 2) Specialized experience and qualifications in the monitoring and permit compliance of sanitary landfills, including groundwater, leachate, and landfill gas system monitoring, analysis and interpretation; 3) Operations plan; 4) Other services provided; 5) Overall proposal quality and completeness; and 6) Client references for experience and performance in similar programs. Conor Pacific was selected because of their low price, their demonstrated understanding and technical approach to the scope of work, and their specialized experience and qualifications in the type of work required. Conor Pacific ranked number one overall by the selection committee using the selection criteria listed above. RESOURCE IMPACT Funding for-this contract is available in the FY 2002-03 budget. POLICY IMPLICATIONS This project does not represent any change to existing City policies.. ENVIRONMENTAL REVIEW This proj ect is exempt for the California Enviromrmntal Quality Act (CEQA). ATTACHMENTS Attachment A:Contract PREPARED BY:Sean Kennedy, Manager, Environmental Control Programs Ron Arp, Envirolmaental Specialist DEPARTMENT HEAD: CITY MANAGER APPZOVAL: //J. ~IICHAEL SARTOR Assistant Dire&or Of Public Works F.RANK BENEST City Manager CMR:424:02 Page 2 of 2 ATTACHMENT A CONTRACT NO. BETWEEN THE CITY OF PALO ALTO AND CONOR PACIFIC ENVIRONMENTALU.S-, 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 ("CITYn), and CONOR PACIFZC ENVIRONI~ENTAL U.S., INC:, a California corporation, located at2580 Wyandotte Street, Suite G, Mountain .View, CA 94043;Taxpayer Identification No..:77-0271139 (~CONSULTANT")~. RECITALS: WHEREAS, CItY desires cer.~ain professional consulting services ("Services") andthe preparation and delivery of, withouZ limitation, reports (~D@.~iverables") (Services and Deliverables are, collectively, referred to as the ~Pro3ect"), as more fully described in Exhibit "A"; and WHEREAS, CITY desires to engage CONSULTANT, includingits emp!oyees~, if any, in providing the Services by reason of its qualifications and experience in performing the Services, and CONSULTANT has offered to complete the Project onthe terms, and in the manner set forth herein; NOW, THEREFORE, xn consideration Of the covenants, zerms, conditions, ~and provisions ~f this~ Contract, the parties agree: SECTION i. TERM i.i This. Contract will commence on November i, 2002, and will expire on October 31, 2003, unless this contract is earlier terminatsd:by CITY as provided in Section ii or extended as provided in this Section i. Upon the receipt°of CITY’s notice to proceed, CONSULTANT will 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.I.i city of Palo Alto City Council’s annual approval of each year’s budget and appropriation of fhnds for this Contract; 1.1.2. The CONSULTANT’S compliance with the terms of this Contract; 1.1.3 A mutual agreement to amend this Contract (subject to approval by the City Council or the City Manager, as applicable) zo continue the Contrac5"term with: 020918 sdl 0100020 1 a. Negot2ations beginnlng 60 days prior to each 12 months’ anniversary date~ b. Completion of a ,sutual agreement’ to extend the Contract 30 days prior to the.renewal period; c~ Satisfactory compliance with and extensionby the CONSULTANT of the established certificates .of insurance, licenslng,permits, and other requirement of the Scope of Services. i.i.4 The City Manager may approve any agreement to extend the Contract term so long as the maximum compensa~ion for Basic Servlces and Additmonal Services do non exceed the amounts authorized in section 5.1.3. below. CONSULTANT will be required to complete all Deliverables the closing date for which is prior to the expiration of the contract or any extension thereof,-even though the Deliverables are due after the date .of expiration. CITY will pay for such Deliverables at the rates provided in Exhibit ~B" in effect on the date of expiration. SECTION 2.SCOPE OF PROJECT; CHANGES & COP~RECTIONS 2.1 The scope of the Project, as .described inExhibit- ~A~, shall constitute the Basic Services." o 2.2 CITY may order substantial changes in-the Scope or character of the Basic Services, the Deliverables, or t.he 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 or City Manager, as may be required, CONSULTANT will be entitled to full compensation forall work performed prior to CONSULTANT}s receipt of the notice of -change and further will be entitled to an extension of zhe time schedule. Any increase in compensation for substantial changes will be determined in accordance with the provisions of this Contract. CITY will not be liable for the cost or payment of any change in work, unless the amount of additional compensation attributable _to the change in work ~s 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, construct±on plans, drawings, and specifications, any and all errors, omissions, or ambiguities mn the Deliverables, which are discovered by CITY Will be corrected by CONSULTANT at no cost to CITY, provided CITY gives notice to CONSULTANT. 020918 sdl (3100020 2 SECTION 3. QUALIFICATIONS, STATUS, AND DUTIES OF CONSULTANT 3.1 CONSULTANT represents and warrants that it has the expertise and pgofessional qualifications to furnish or cause to be furnished the Services and Deli~erables. CONSULTANT further represents and warrants that the projecz director and every individual, including any. consultant (including CONSULTANT), charged with the performance of the Services are duly licensed or certified by the State of California, to the extenz such licensing or certification is required by law.to perform the Servlces, 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 covenanzs and agrees that it will execute or cause to be executed, the Project. 3.3 CONSULTANT .will assign TOM VERCOUTERE as the project director zo have supervisory responsibility for the performance, progress, and execution of the Project.If circumstances or conditions subsequent to the execution of this Contract cause the substitution ofthe project director for any reason, the appointment of a substitute project director will be subject no the prior written approval of the project manager. 3.4 CONSULTANT represents and warrants that it will: 3.4.1 Procure all permits ~and l~censes, pay all charges and fees, and give all notices 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 i~ 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. assmgned to the performance of this Contract to observe and comply with, the laws, ordinances, regulations, orders and decrees mentioned above; and 3.4.4 Will reporz immediately to the project manager, in writing, any discrepancy or inconsistency it discovers in the laws, ordinances, regulations, orders, and decrees mentioned above in relation to zhe Deliverables. 0209 l 8 sdl 0100020 3 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 one (i) initial copy of eich Deliverable and, after CITY has accepted the Deliverable, with the number of final coples specified in E~{hibit "A. " 3.7 If CITY requests additional copies of any documents whi.ch are a part of the Deliverables, CONSULTANT will provide such additional copies and .CITY will compensate CONSULTANT for its duplicating costs. 3.8 CONSULT~A~..T will be responsible for employing or engaging all persons necessary to execute the Project. All consultants of CONSULTANT will be deemed to be directly connrolled and supervised by CONSULTANT, which will be responsible for their performance. If any employe~ or consultant o~ CONSULTANT fails or refuses to carry out the provisions of this Contractor appears to be incompetent or no act fn a disorderly or improper manner, the employee or con.sultant will.be discharged immediately from further ¯ performance under this Contract on demand of the proj~ect manager 3~.9 In the execution of the Pr.oject, CONSULTANT a~d its consultants, if any, will at all times be considered independent contfacnors and not agents or employees of CITY. 3.10 CONSULTANT will perform or obtain or cause to be performed or obtained any and all of the following Additional Services, not included under the Basic Services, if so authorized, in advance and in writing, by CITY: 3.10.1 Providing services as an expert witness in conneczion with .any public hearlng or meeting, arbitration proceeding,or .proceeding of a court of record; 3.10.2 Incurring travel and subsisnence expenses for CONSULTANT and its staff beyond those normally required under the Basic Services; -3.103 Performing any other Additional Services that may be agreed upon by the parties subsequent to the execution of this Contract; and 3.10.4 Other Additional Services now or hereafter described in Exhibit "A" to this Contract. 020918 sdl 0100020 3.11 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 mu.st remain acceptable to CITY during zhe term of this Contract. SECTION 4. DUTIES OF CITY 4.1 CITY will furnish or. cause to be furnished the services to be provided by CITY, if any, listed in Exhibit "A" and such information regarding its requmrements applicable to the Project as may be reasonably requested by CONSULTANT. 4.2 CITY will review.and approve, as necessary, in a timely manner the Deliverables and each phase of work performed by CONSULTANT. CITY’s estimated time of review and approval 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. SEAN KENNEDY is designated as the project manager for the City Manager. The Project-manager will supervise the performance,..progress, and executi.on of the Project, and will be assisted by R0N ARP, .the project coordinator. 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 Basic Services described in Exhibit "A" at the rates described in the Fee Schedule attached as Exhibit "B". The CITY and CONSULTANT shall, pursuant to Section i, and subject co the provisions of section 5.1.3, negotiate the rates for any CONSULTANT Services to be performed during .any extension term. 5.~.i CONSULTANT’S maximum compensation for performance of the Basic Servzces, including reimbursable ~expenses, shall not exceed Fifty-five Thousand Three Hundred Thirteen Dollars ($55,313) for the first year of this Conzract. CITY shall approve, in advance, the fees of the consultants, who have direct contractual relationships with CONSULTANT. CITY reserves the right 020918 sdl O100020 5 to refuse payment of such fees, if CONSULTANT does not obtain such prior approval. 5.1.2 The amount of compensation for CONSULTANT’s peUformance of Additional Services shall not exceed Ten Thousand Dollars ($i0,000) for the first contract year. The fee for any Additi-onal Services shall be negotiated basedon the hourly rates attached herezo as Exhibit ~B-I", and agreed upon at the time the CITY requests the Addizional Servlces. 5.1.3 If this contract is extended by the parties pursuant to Section i, the fees for BasiC Services sen forth in Exhibit ~B" as well as the total not to exceed amount of compensation for both Basic and Additional services shall be the previous year’s amounts plus an amount not ho exceed the change in the .consumer price Index for all urban consumers (San Francisco- Oakland-San Jose, CA) or three (3%) percent, whichever is lower. 5.2 The schedule of payments will be made as follows: 5.2.1 Payment of the Basic Services will be made in monthly progress payments in proportion to the quantum of services performed, or in accordance with any other schedule of payment mutually agreed upon by the parties, as set forth in Exhibit "B", or within thirty (30) days of submission, in triplicate, of such requests if a schedule Of payment is not specified. Final payment ¯ will be made by CITY after CONSULTANT has submitted all Deliverables, including, without limitation, reporns which have been approved by the projecZ manager. 5.2.2 Payment of the Additional Services will be made in monthly progress payments for services rendered, within thirty (30) days of submission, in triplicate, of such requests. SECTION 6.ACCOUNTING,AUDITS,OWNERSHIP .OF RECORDS 6.1 Records of the direct personnel expenses and expenses incurred in connection wit<h the performance of Basic Services and Additional Services pertaining ~o 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 auditing purposes ~at mutually convenient tlmes during the term of this Contract. and for three 3) years following the expiration or earlier terminazion of this Contract. 6.9 The origmnals of~ the Dellverables prepared by or under the direction of CONSULTANT in the performance of this Contract wil! become the properzy of CITY irrespective of whether the Project is completed upon CITY’s payment of the amounts. required to be paid ~o CONSULTANT. These originals will be delivered to CITY without addinional compensation. CITY will have .020918 sdl 0100020 the rlght to utilize any finai and incomPlete drawings, estimates, specifications~ and any other documents prepared hereunder by CONSULTANT, but. CONSULTANT disclaims any responsibility or liability for any alterations or m0diffca~ions of such documenzs. SECTION 7. INDEMNITY 7.1 CONSULTANT agrees to protect, indemnify, defend and hold harmless CITY, its Council members, officers, employees and agenzs, 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’, consultanzs’ or employees’ negligent acts, errors, or omissions, or willful misconduct, or conduct for which applicable law may impose stricz liability on CONSULTANT in the performance of or failure no.perform its obligatlons under this Contract. SECTION 8. WAIVERS 8.1 .The waiver by .either party of any breach or violation of any covenant, term, condition or provislon of this Contract or o_f 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 subsequen~ breach or Violation of the same or of any other covenant, term, Condition, provision, ordinance or law. The subsequent acceptance by ei.ther party of any fee..or other money which may. become due hereunder will noz be deemed Go be a-waiver of any preceding breach or violation by the other party of anycovenant, term, condition or provision of this Contract or of any applicable law or oUdinance. 8.2 No payment, partial payment, acceptance,- or parnial acceptance by CITY will operate as a waiver on the part of CITY of any Of its rights under this Contrac~t. SECTION 9. INSURANCE 9.1 CONSULTANT, at its-sole cost and expense, will obtain and maintain, in full:, force and effect during the term Of this Contract, the insurance coverage described in Exhibit ?C", insuring non 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 Contracz. 9.2 All insurance coverage required hereunder will be provided through carriers, with Best’s Key Rating Guideratings of A:VII or higher which .are admitted to zransact-insurance business in the State of California. Any and all consultants of CONSULTANT retained no perform Serm±ces under this Contract will obta-ln and 020918 sdl 0100020 maintain, in full force and effect during the term of this Contracz, identical insurance coverage, naming CITY as an additional insured under such pollcies as required above. 9.3 Certificates of such insurance, preferably on the looms 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 wil,l contain an endorsement stating that the insurance is primary coverage and will not be canceled or altered by the insurer except after filing with the CITY’s city clerk thirty (30) days’ prlor written notice of such cancellation or alteration, and that ~he City of Palo Alto is 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 file at all times during the term of this Contract with the city clerk. 9.4 The pro~c~ring of such required policy or policies of insurance ’will not be construed to limit CONSULTANT’s liability hereunder nor to fulfill the indemnification provislons of this Contract. Notwithstanding the-policy or policies of insurance, CONSULTANT will-be obligated for the full and total amoun< of. any damage, injury, or loss caused by or directly arislng .as a result of the Services performed under this Contract, including such damage, mnjury, or lossarising after the Contracz iSterminated or the term has expired. SECTION i0.WORKERS’ COMPENSATION i0.i CONSULTANT,. by executing this Contract, certifies that it is aware of the provislons of the Labor ~Gode of the State of California which requmre every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordancewith the provisions of that Code, and cerzifies that it will comply with such provislons, as applicable, before commencing the performance of the Projecz. SECTION ii.TERMINATION OR SUSPENSION OF CONTRACT OR PROJECT ii.i The city manager may suspend the execution of the Projecz, in whole or in p~rt, or terminate this Contract, with or without cause~ by giving thirty (30) days’ prior written notice thereof to CONSULTANT, or ~mmediately after submission to CITY by CONSULTANT of any complezed item of Basic Services. Upon receipz of such notice,. CONSULTANT will mmmediately discontinue its performance under this Con~racz. 11.2 CONSULTANT may termmnaze this Contract or suspend its execution of the Project by giving thirty (30) days’ prior 020918 sdl 0100020 8 written notice thereof to CITY, but only in ~he 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 Basic Services .or the execution of the Project. 11.3 Upon such suspension o.r termination by CITY, cONSULTANT will be compensated for ~the ’Basic .Services. and Additi6nal 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 ~han 180 days] any change in CONSULTANT’s compensation will be subject to renegotiat~on and, if necessary, approval of CITY’s City Council. If this Contract is suspended .or terminated on account of a default by CONSULTANT, CITY will be obligated to compensate CONSULTANT only for that portion of CONSULTANT’s services which are of direct and immediate benefit to CITY, as such determination may be made by the city manager in the reasonable exercise of he~ 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: ii ....For approved items of Servlces, CONSULTANT will be compensated for each item of service fully performed in the amounts authorized under this Contracz. 11.4.2 For app<oved items of Services 9n 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 amounn which bears the same ratio to the total fee otherwise payable for the performance of the service as the quantum of service actually rendered bears to the services necessary for the 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 respec.tlve items of service to b~ furnished by CONSULTANT. 11.5 Upon such suspension or termination, CONSULTANT wil! deliver ~o the city manager immediately any and all copies of the Deliverableso whether or not completed, prepared by CONSULTANT or its consultants, if anY, or given ~o CONSULTANT or its consultants, if any, in connection with this Contract. Such materials will become the properny of CITY. i!.6- The failure of CITY ~o agree with CONSULTANT’s independent findings, conclusions, or recommendations, if the same are called for under this Contract, on the basis of differences in 020918 sdl O100020 9 matters of judgment, will not be construed as a failure on the part of CONSULTANT zo fulfill its obligations mnder 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 asslgnment 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 asslgnable by operation of law. SECTION 13. NOTICES 13.1 All notices hereunder will be given, in writing, and mailed, postage prgpaid, by certified mail, addressed as follows: To CITY:Office of the City Clerk City of Palo Alto Post~Office Box 10250 Palo Alt~, CA 94303 To CONSULTANT: Attentlon of the project director at the address of CONSULTANT recited above SECTION-14. CONFLICT OF INTEREST 14.1- In accepting~thls Contract, CONSULTANT covenants that it presently has no interest, and wil~ not acquire any ~nterest, 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 certffies that no one who has or will have any financial innerest u~der this Contract is an officer or employee of .CITY; this provision will be interpreted in accordance with the applicable provisions of the Paio Alto Municipal Code and the Government Code of the Staze of California. SECTION 15.NONDISCRIMINATION 15.1 As sen forth in the Palo Alto Municipal Code, no discrimination will be made in the employmenz of persons under this Contract because of the age, race, color, nationa! orig~n., 020918 sdl 0100020 1 0 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 sen forth in Exhibit "D" 15.2 CONSULTANT agrees that each contract for services from independent providers will contain a provision substantially as-follows: "[Name of Provider] will provide CONSULTANT~with a certificate stating that [Name of Provider] is currently in compliance with all Federal and State of California laws covering nondiscrimination in employment; that [Name of Provider] will pursue~an affirmative course of action as required by the Affirmative Action Guidelines of the City of Palo Alto; and th~.t [Name 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 Cali.fornia Fair Employment Practices Act om similar provisions of Federal law or executive ordem 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 discrlmination, as damages forbreachof contract, or both. Only a findin~ of the State of California Fair Employment PraCtices Commission or the equlvalent federal agency or officer will constitute evidence of a breach of th.is 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 arbi.tration in accordance with the Rules of the American 020918 sdl 0100020 ii Arbitration Associati.On, and judgment upon the award rendered by the Arbitrators maz be entered in any court having jurisdiction thereof. 16.3 This Contract will be governed by the laws of the State of California, excluding its conflicts of law. 16.4 In the event that an action is brought, the parties agree that trial of such action will be vested exclusively in the state courts of-California or in the United States District Court for the Northern District of California in the County of Santa Clara, State of California. 16.5 The prevailing party in any action brought to enforce the terms of this Contract or arising outof this. Contract may recover its reasonable costs ~nd attorneys’ fees expended in connection with that action. ¯16.6 This document represents the entire and integrated Contract between the p~rties andsupersedes all prlor negotiations, representatfons, and contracts, either written or oral. This document may be amended only by a written instrument, which signed by the parties. 16.7 All provisions of this Contract, whether covenants or conditions, willbe deemed to be both covenants and conditions. 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 Qf competent jmrisdiction finds or rules that any provision of this Contract or ~any amendment thereto is void or unenforceable, the unaffected provlsions of this Contract and any amendments thereto will remain .in full force and effect. 16.10 All exhibits referred to in thSs Contract and any addenda, appendices, attachments, and schedules which, from time to time, may be r~ferred to ±n any duly executed amendment hereto are by such reference ~ncorporated in this Contract and will be deemed ~o be a part of this Contract. i6.11 This Contract may be executed in any number of counterparts, each of which Will bed.an original, but all of which together will constitute one and the same instrument. 16.12 This Connract is subject to the fiscal provisions of the C~arter of the City of Palo Alto and the Palo Alto Municipal Code. This Contract will terminate w£thout~any penalty a) at the 020918 sdl O! 00020 ! 2 end of any ~fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time withln 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-wili take precedence in the event of a conflict with any other covenant, term, condition, or provislon of this Contract. IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Contract on the daze first above written. ATTEST:CITY OF PALO ALTO City Clerk Mayor APPROVED AS TO FORM: City Attorney CONOR ,PACIFIC ENVIRONMENTAL U.S., INC. By: Name: APPROVED: AssistantCity Manager Title: By: Name: Title: Director of Public Works Director-of Administrative Services Risk Manager Taxpayer s I.D. No. 77-0271139 (Compliance with Corp. Code §~ 313 is required if Ehe entity on whose behalf Ehis contract is signed is a corporation. In the alternative, a certified corporaze resoluhion attesting to the signatory authority of the individuals signing in their respective capacities is acceptable) Attachments EXHIBIT "A": SCOPE OF SERVICES AND TIME SCHEDULE EXHIBIT "B": FEE SCHEDULE EXHIBIT ~B-I": ADDITIONAL SERVICES FEE SCHEDULE EXHIBIT "C": INSURANCE EXHIBIT "D": NONDISCRIMINATION COMPLIANCE FORM 020918 sdl 0100020 13 CERTIFICATE OF ACKNOWLEDGMENT (Civil Code § 1189) STATE OF ) )ss COUNTY OF ) On , before me, the undersigned, a notary public in and for said County, 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 co he 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 021007 sdl 0100020 - 14 CERTIFICATE OF ACKNOWLEDGMENT (Civil Code §-1189) STATE OF ) )ss COUNTY OF ) On , before me, the undersigned, a nonary public in and for said- County, personally appeared personally known to me(or proved to me on the basis of satisfactory evidence) to be the person(z) whose name(s) is/are subscribed to he 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(~) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the inszrumenz. WITNESS my hand and official seal. Signature of Notary Pub!ic 021007 sdl O100020 - 15 EXI-IIBIT A - SCOPE OFSERVICES AND TIME SCHEDULE ENVIRONMENTAL MONITORING AND CONSULTING SERVICES PALO ALTO LANDFILL SECTION 1 BASIC SERVICES Task 1 - Semi~AnnuaI Groundwater Monitoring and Reporting Under this task the Contractor shall, in accordance with the Self-Monitoring Program specified in the Regional Water Quality Control Board (RWQCB) Order No. 99-026 (which is incorporated by reference into this contract) and RWQCB Order No. 93-113 (which is incorporated by reference into this contract), California Code of Regulations (CCR) Title 27 requirements, and this Scope of Services, provide the services outlined below: Document and perfolrn semi-annuM groundwater sampling and analyses; Document and perform field analyses and measurements; Prepare and maintain all required records and develop and perform all Quality Assurance/Quality Control procedures; Prepare the Semi-Annual Self-Monitoring Reports as required by Order No. 99-026. The Semi-Annual Self-Monitoring Reports shall include an evaluationof the results by the statistical method that the Palo Alto has developed for it’s groundwater monitoring prpgram, the intra-wetl .tolerance.limit method for each well and each monitoring. parameter,, to determine ifa release has occurred as required by Order No. 99-026; Conduct an evaluation of the intra-well tolerance limits for each well and each monitoring parameter each year or. when the RWQCB requires. The intra-well tolerance limits shall be calculated according to the method described in" Statistical Analysis of Detection Monitoring Data From the Palo Alto .Landfill(EMCON Associates, June, 1992)" and the statistical software package called Sanitas version 7.5 developed by. Intelligent Decisions Technologies, Ltd (IDT). An alte~ative sofbarare package, may.be proposed and utilized on approval by the City. If there is a change in the intra-well ¯tolerance limit for that particular well and parameter, the tolerance limit shall be updated. Provide all equipment for sampling operations, including compressors and.controllers, lab’or, tools, materials, incidentals, and services necessary for performing groundwater .monitonng, sampling, analysis, statistical analyses, report preparation, and record maintenance. The City ~411 perform the following on-site observations and l~rovide the information to the Contractor for irMusion in each Semi-Annual Self-Monitoring Report: ®On-site V-station Monitoring (Order 99-026, Part A, Section F. t.f, Part B, Section 1.B). Page 1 of 7 EXHIBIT A - SCOPE OF SERVICES AND T!ME SCHEDULE On-site P,station Monitoring (Order 99-026, Part A, Section F. 1.f, Part B, Section 1.B). Facilities Monitoring (Part B, Section 1.E). Leachate elevation level monitoring (Order 99-026, Part A, Section F. 1.e). Aerial Photomap showing limits Of fill and observation and monitoring station locations (Order 99-026, part A, Section F. 1.c). Waste Disposal Summary (Order 99-026, Part A, Section F. 1 .g, and Part B, Section 1.A). Task 2 "Quarterly Monitoring and Semi-Annual Leachate Reporting Under thistask, the Contractor shall in accordance with the P~io Alto Regional Water Quality Control Plant (PARWQCP) Industrial Wastewater Discharge Permit #02106 (which is incorporated by reference into"this Contract), and leachate monitoring in accordance with Order No.. 99-026 provide the services outlined below: Document and perform quarterly, semi-annual, and annual leachate sampling and analysis as specified in Permit #02106. The automatic sampling requirement in Permit #02106 shall be continuous over 24-hours per day over. a seven day period. Document and perform leachate monitoring in accordance with Order No. 99=02-6, Part .B, Section 1.C.iii. Document and perform field analysis and measurements. Develop and perform all Quality Assurance/Quality Control procedures. Prepare and submit semi-annual summary monitoring activities and analytical results for each period. Provide all equipment, labor, tools, materials, incidentals, and services.necessary for performing leachate monitoring and sampling and analysis. Collect data, evaluate and prepare a LeachateMonitoring System evaluation (section to be included in the Annual Report). Evaluation shall be bas6d on factors including but not limited to, leachate flow volumes with comparison to historical flows, ieachate monitoring wells, Collection sumps, leachate contour maps, leachate sampling analytical data, presence or absence of perimeter seeps and other fact.ors describedin Provision C.7., Part A, F.l.e, and F.3.e. Prepare leachate contour map based on City collected data. Page 2 of 7 EXHIBIT A - SCOPE OF SERVICES AND TIME SCIIBDULE The City will perform monitoring and record keeping in connection with Task 2 ag follows: Continuous pH monitoring. All flow measurements for leachate discharge. Compile the Semi-Annual Periodic Report of Continued Compliance (PRCC). Weeldy leachate elevation readings. Task 3 - Monthly and Quarterly Landfill Gas Monitoring and Reportin~ Under this task the Contractor shall in accordance with this Scope of Services, provide the services outlined below. Document and perform quarterly sampling and analysig of landfill gas at the landfill gas flare and 5 gas monitoring probes located at the Palo Alto Landfill designated as gas probes MG-2A, MG~z~, MG~5, MG-6A, and MG-7A for v01atiie organic compound concentrations using EPA Method TO- 14. Document and perform monthly monitoring of soil gas pressure and methane percent by volume in the five (5) gas monitoring probes (MG-2A, MG-4, MG-5, MG~6A, and MG- 7A). Atmospheric barometric, pressure at the time of monitoring shall also. be recorded. Document and perform monthly monitoring of methane gas percent by volume concentrations and percent Lower Explosive Limit (LEL) in ten (10) structures located at the Palo Alto Landfill and three (3) structures at the nearby Water Quality Treatment Plant. Document and perform field analysis and measurements. . Develop and perform all Quality Assurance/Quality Control procedures. Prepare Quarterly Landfill Gas Monitoring Reports. Th~ Landfill Gas Monitoring reports shall at a minimum, describe each monitorirn, g activity, discuss monitoring results and any recommer~dations for the design changes or modifications to the monitoring program or. anyon site structures to prevent landfill gas build-up. Provide all equipment, labor, tools, materials, incidentals, and services necessary for performing landfill gas monitoring, sampling, analysis, and report preparation. Task 4 - Storm Water Monitorin~ and Reporting- Under this task, the Contractor shall in accordance with the Santa Clara County NPDES General Storm Water discharge.Permit, Order No. 97-03 (which is incorporated by reference Page 3 of 7 ENI-IIBIT A- SCOPE OF SERVICES AND TIME SCHEDULE into this Contract), .and the Palo Alto Storm Water Monitoring Program dated October, 1997 (which is incorporated by reference into .this Contract), provide the services outlined below: Document and perform storm water sampling (two qualified storm events) and conduct wet and dry season visual observations, including estimates of flow measurements in accordance with order No. 97-03 and the Storm Water Monitoring Program for the Palo Alto Landfill (Attachments 4 and 5). Provide sample containers, sample chain-of-custody forms,, sampte field data sheets, and coordinate and provide transmittal of storm water samples to the labo_ratory. Develop and perform all Quality Assurance/Quality Control Procedures. Prepare a brief Storm Water Discharge Analytical. Results Letter Report summarizing and transmitting the results of the storm water monitoring, sampling, and analysis activities performed including Quality Assurance/Quality Control Procedures. Coordinate with the City and laboratory, pay costs for laboratory testing, shipping of sample equipment and all incidentals associated with reporting results. The City wi.tl perform the following on-site inspection and compilation of the final Storm Water Discharge Annual Report.in Connection with Task 4 as follows: Storm water annual inspection m~d certification Compile Storm Water Discharge Monitoring Annual Report (Order 97-03). Task 5 Annual Groundwater Monitoring_and R~ Unde~ this task, the Contractor shall prepare the Annual S elf-Monitoring Keport required,by Order No. 99-026, Part A.F.3. In additionl, under this task,, the Contractor shall conduct sampling for Constituents of Concern (COC) as required by Orders No. 99-026 and 93-113. The Contractor shall provide all equipment,for sampling operations, including compressors and controllers, labor, tools, materials, .incidentals and services necessary for performing groundwater monitoring, sampling, analysis, s~atistical analysis, repor~ preparation, and record maintenance. Section II .Additional Services The Contractor shall provide on-call consulting assistance for%andfill related operational problems, contingency reporting, regulatory review, actirtg as a regulatory liaison, and peer review ofrep0rts prepared by the City or its consultants performing work ,at the landfill. Any Page 4-of 7 EXHIBIT A - SCOPE OF SERVICES AND TIME SCrq~EDULE additional services required by the City shall be subject, to further negotiations between the City and the Contractor and shall require written approval by the City. SECTION III INFORMATION TO BE PROVIDED BY THE CITY The City will. provide to the Contractor copies of all permits and other documents incorporated by reference into this Contract and copies of all readily available reports, data, and information in connection with the Contractor’s Scope of Work. Available reports include, but are not limited to, current monitoring program reports, geotechnical investigations, Solid Waste Assessment Test (SWAT)-reports, and prior monitoring records. SECTION IV PERFORMANCE SCHEDULE The reporting schedute for the Semi-Annual reports are January 31st and July 31st Therefore the Contractor shall coordinate with the current City Contractor to gather all of the information necessary in order to .ompile the appropriate reports. The Contractor shall complete work inaccordance with the schedule set forth below: Task 1 - Groundwater Monitorin~ The Contractor. shall submit o11e (1) final draft copy of each Semi-AnnuM Groundwater Monitoring Report to the City by the fifteenth (15) day of the month following each six month reporting cycle: In the event that delays by the City in submitting the portions of the report that the City is responsible for preparing (P/V station monitoring, leachate levels, etc.), the submittal.date will be adjusted accordingly. The six month reporting cycles are defined as follows: Winter/Spring- January 1 to June 30 Summer/Fall - July 1 to December 31 The first reporting period under this agreement shall cover the period fi:om July 1, 2002 to December 31, 2002 for the semiannual report and January 1, 2002 to December 31, 2002 for the annual repprt (Both the semiannual report and tl~e annual report are included as 1 report submittal). _After submittal, the City will promptly review the report for completeness and accuracy. In the event of errors or omissions, the Contractor shall promptly make the necessary corrections and provide six (6) final corrected copies of the reports with enough lead time to allow the City to review the corrections and submit the reports by one mor~th following the end of their respective reporting period. Task 2 - Leachate Monitorin~ Page 5 of 7 EXHIBIT A - SCOPE OF SERVICES AND TIME SCHEDULE The Contractor shall submit one (1) final draft copy of each Semi-Annual Leachate Monitoring Summary to the City of Palo Alto Public Works Operations Division by the seventh (7) day of the month following each Semi-Annual reporting periodl The first reporting period summary under the agreement shall cover the period from July 1 to December 31, 2002, Sampling quarters are defined as follows ist Quarter-January 1 to March 31 2nd Quarter- April 1 to June 30 3rd Quarter - July 1 to September 30 4th Quarter - October 1 to December 31 ,ad~er Submittal,. the Ci~ will promptly review the report for completeness and accuracy. In the event of errors or omissions, the.Contractor shall promptly make the necessary corrections and provide two (2) final corrected copies .of the reports with enough lead time to. allow the City to review the corrections and submit the report by the fifteenth day of the month following each semi-armuat period. Task 3 - Landfill.Gas Monitoring The Contractor shall submit one (1) final draft copy of each Landfill Gas Monitoring Report to the City of Palo Alto PuNic Works Operations Division by the fifteenth (15) day of the month following each calendar quarter. Calendar quarters are defined as follows: IS(Quarter = January 1 to March 31 2nd Quarter- April 1 to June 30 3rd Quarter - July 1 to September 30 4th Quarter - October 1 to December 31. The first reporting quarter underthe agreement shall cover the quarter.from October 1,-2002 to December 31, 2002. After submittal, the City will promptly review the reports for completeness and accuracy. :In. the event of errors or omissions, the Contractor shall promptly make the necessary corrections and provide six (6) final corrected copies of the reports with enough lead time to allow the City.to review the corrections and submit the report by the last day of the month following each calendar quarter. Within the length of this contract, additional regulatorychanges may occur that would require additional monitoring of landfill gas (e.g. surface sweeps, leak testing). The City may at that time request Contractor to perform the additional testing on a negotiated fee . basis, and in accordance with Section 11I Additional Services. Task 4 - St0rmWater Monitorin~ Page 6 of 7 EXNIBIT A - SCOPE OF SERVICES AND TIME SCHEDULE The Contractor shall submit one(l) copy of each Storm Water Discharge Analytical/observation Results Report to the City of Pato Alto Public Works Operations Division withinthree weeks after a storm water sampling event has taken place during the wet season. In addition, all results shall be submitted with enough lead time to allow the City to review the results and submit the report by the July 1 annual date. Task 5 - Annual Groundwater Monitorin~ The Contractor shall submit one (1) final draft copy of each Groundwater Monitoring Annual Report to the City of Palo Alto Public Works Operations Division by the fifteenth (15) day of December of each year. The first reporting year shall cover the period of January 1, 2002 through December 31, 2002. The Contractor will combine the Armual Report with the Semi- Annual Monitoring Report as a single document. .After submittal, the City will promptly review the reports for. completeness and accuracy. In the event of errors or omissions,-the Contractor Shall promptly.make the necessary corrections, and provide Six (6) final corrected copies of the-reports with enough lead time to allow the City to review the corrections and submit the reports by January 31 of each year. The Contractor shall submit as part of the Annual Report six (6) sections of each Constituents of Concern (COC) report. The Contractor shall combine the COC report with the Semi-Annual/Annual Monitoring Report as a single document. The semi-annual, annual, and COC report shall be submitted as one report. Page 7 of 7 SCOPE. OF SERVICES EXHIBIT B -FEE SCHEDULE .The fo11owing fee schedule provides for-all compensation to Contractor for performing services itemized in-this Request for Proposal. The Contractor’s fees shall include funding for all labor, tools, equipment, laboratory services, reproduction, insurance, overhead, profit, and-any o~er expense necessary fo~ completing each task identified.below and detailed in Exhibit A of this contract. Task 1 - Semi-Annual Groundwater Monitoring and Rejz0rtint Unit Cost Annual a.Semi-Annu~’l .Groundwater Sampling Fee $ 2,214 $- 4,428 b.Semi-Annual GroundwaterAnalytical Fee $ 2,8 9 3 $ 5,7 8 6. c.Semi-Annual Monitoring Report Preparation Fee $ 2, .6 2 6 $ 5 ~ 2 5 2 Task 1 Subtotal $ ! 5,4 6 6. Ta~k 2 - Quarterly and Semi-Armu~lLeachate Monitorin~ and Re~ortin~ Quarterly Leachate sampling Fee $ 940 Annual Leachate Analytical Fee $ 1,0 71 Semi-Annual Leachate Monitoring Letter Fee $ 9 8 8 Task 2 Subtotal 3,760 1,071 1,976 6,807 Task 3 - Monthly and Quarterly Landi-fli Gas Monitorin~ and Re’oortin,~ Quarterly Landfill Gas Sampling Fee $ 15 0 Monthly Landfill Gas Monitoring Fee $ 3 4 0 Annual Landfill.Gas Analytical .Fee $ 1,518 Quarterly Landfill Gas Monitoring Report Fee $. 515 Task 3 Subtotal Task 4 - Stormwater Monitorin~ a.Annual StorrnwaterAn- alytical Fee (2 events) ¯ b.Sampting and Observations c.Annual Stormwater Results Subm_itta! $ 336 $ 1,013 Task 4 Subtotal 600 4,084 6,072 2,060 12,816 671 1,013 564 2,248 CITY OFPALO ALTO - REQUEST FOR PROPOSAL (RFP) 1.46206 SCOPE OF SERVICES : Task5 - Annual Groundwater Monitolin ~ a.Annual Groundwater Monitoring Report Fee b.Constituents of Concern Report Preparation c.Constituents of Concern Analytical Fee $ 1,340 $ 7o5 $ 15,930 Task 5 Subtotal Section II - Additional Services (Scope of additional services subject to negotiation an~d written authorization from City) not to exceed ................... " ..................... (Contractor shall attach standard ScheduIe of Fees) TOTAL A_NNUA[L FEE 1,340 705 15,930 17,975 $10,000__ 65,313 CITY OF PALO ALTO - REQUEST FOR PROPOSAL (RFP) 146206 CONOR PACIFIC SCHEDULE OF CHARGES PROFESSIONAL SERVICES Administrative Suppor~ / Travel ..................................................................$42.00 Technician I ................................................................................................$50.00 Technician ’II .................................................................-. ............................$60.00 Drafter ........................................................................................................$62.00 Professional Staff I .~ ..................................................................................$70.00 per .hour per hour per hour per hour per hour Professional Staff H ...................................................................................$85.00 per. hour Project Staff ...........i ........i.. ...................................:. ...........:i...] .................:. $95.00 per hour Senior Project Staf-f ..................................................................................$110.00 per hour Senior Consultant i ........................~ .....: ....................................................$t20.00 per hour Principal ...................................................................$140.00 per hour Expert Wimess (deposition and trial) ...............................................150% of standard rate DIRECT CNARGES Ge~zeral .. Compu.ter (gaphics. data analysis. & modelin~ only)$20.00 per hour Field & sampling truck .................................................$50.00 per day and $0.43 per mile Chargeable Equipme,zt and Co ~zsumab te Materials (See Chargeable Equipment and Consumabl~ Materials price sheets) Charges .for outside service~, materials, or equipment not furnished directly will be billed at cost plus 15 percent. Such charges include: Printing and photo~aphic reproduction Rented vehicles Aiffare Field materials and supplies Special fees, permits, insurance, etc. Rented field equipment Shipping charges Meals and lodging ACOR__D... ’CERTiFiCATE OF PRODUCER Frenkel Of California Environmental Risk Services 725 S. Ei~ueroa Blvd. Los Angeles CA 90017 Phone: 213-787-i100 Fax:213-787-!164 ,NSURED OP ID DILIABILITY IN.SURANCF-=. _I OATE,MM’DD’Y’08/29/02 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE ’HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDEDBY THE POLICIES BELOW. NSURER A: NSURER B: Einarson, Fowler & Watson,INSURERC:dba: Conor Pacific ~2580 Wyandotte Street, Ste. G ~SURERD: Mountaln View CA 94043 FINSURERE: INSURERS AFFORDING COVERAGE A~erican Safet_y_ Casualty Ins C O V E RAG ES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ~SSUED TO THE INSURED NAMED ABOVE FD R 1" -IE POLICY PERIOD INDICATED NOTWITHSTANDING ~.NY REQUIREMEN3 TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN R’EDUCED BY PAID CLAIMS. l~-~im--[]POLICY NUMBERLTR I TYPE OF INSU RANCE GENERAL LIABILITYr----4 YA WXICOMMERCIALGENERALLIABILIT PFL 02-2239-002 "-"--i CLA,MS MADE ,[--~--! OCCURL~" .......... ~E "N’L AGGREGATE LIMIT APPLIES PER! poL,cy F-! Fq Loc ’ AUTOMOBILE LIABILITY ~i ANY AUTO ALL OWNED AUTOS ~.--X~. SCHEDULED AUTOSHIRED AUTOS _ X NON-OWNED AUTOS O ARAGE .IA BILITY : ~,NY AUTO PFL 02-2239-002 EXCESS LIABILITY r--7 OCCUR L[~__] CLAIMS MADE RETENTION WOF~KERS COM~bENSATION AND EMPLOYERS’ LIABILITY pdLTc-Y~-F~C~iV~ -P~o-kr DATE (MM/QD/YY) I DATE(MM/DD/YY) 04/01/02 04./01/04 04/01/02 04/01/04 -OTHER A Claims Made I Prof. / Poll Liab. PFL 02-2239-002 04/0~/02 ~04/01/04 ~ESCRiPT~N~F~PERAT~NS~L~CATI~NSNEHICLES~E~CLUS~NSADDED~YEND~RSEMENT~SPEC~AL~R~S~NS Certificate Holder is added as ~dd~tional Insured per attached 1199 5o che General Liability but only as respects all covered the Named Insured. *10day Notice of Cancellation for Non’PaYmerit of Premium. LIMITS EACH OCCURRENCE I $ 1 ~ 000., 000 -’IRE DAMAGE (Any one fire) .L$_ 5 (3 t 000 MED EXP (Anyone person)$ 5 , 000 =ERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ .2., 000 , 000 PRODUCTS - COMP/OP AGG $2.,000,000 COMBINED SINGLE LIMF[$ 1,000,000IEa accidenl} BODILY INJURY"$(Per ~erson) BODILY INJURY $Per accidenl) PROPERTY DAMAGE Per accident) $ $ $ $ $ $ $ AUTO ONLY- EA ACCIDENT OTHER THAN EA ACC \UTO ONLY:AGG I,000,000 2,000~000 CERTIFICATE HOLDER y I ADDITIONAL INSURED: NSURER LE~ER: A C/PALOA City of Palo Alto Attn: .Ron Arp P.O. Box 10250 Palo Alto CA 943.03 ACORD 25-S (7/97) EACH OCCURRENCE AGGREGATE IWC 5TAI U-OTH.I $ i TORY LIM TS t ER E.L. EACH ACCIDENT ~ "$ E.L. DISEASE- EA EMPLOYEE $ E.L. DISEASE - pOLI~Y LIMIT I $ Ea. Claim Ann. Agg. ASCIC 9806 .operations of CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIOt~ DATE THEREo~:, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRIL’[TEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO ~HAL[ IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR , REPRESERTATIVES. "~/~-~w/" AU’~HORIZED REPRE~ENTA~ ©ACORD CORPORATION 1988 THIS ENDORSEMENT Cth~NGES 3HE POMCY, PLEASE RE~,J IT CAREFULLY ASCIC £8 06 11 99 ADDITIONAL INSURED COVERAGE ENDORSEMENT This Endorsement shall not serve to increase our limits of insurance as described in SECTION III- LIMITS OF INSURANCE. In consideration of the payment of premiums it is hereby agreed that the following provisions are added to the policy. A .The following shall be added to SECTION I. COVERAGE A., Par. 1. as subparagraphs a. and e. of the policy: d. Any personshown as an Additional Insured on a certificate of insurance issued by us or our authorized representative or by endorsement to the policy, ~)rovided such person is required to be named as an Additional Insured in. a written .contract with you, shall be entitled to coverage hereunder solely for "claims" or "suits" for "bodily injury" or. "property damage" arising solely out of your negligence. The limits of insurance provided [o such Additional Insured shall be limited to the lesser of the limits of insurance reauired in a written contract with you, or the limits of insurance as described in SECTION Ill - LIMITS OF INSURANCE under the policy. No obligation for defense or indemnity under the policy [s orovided to any Additional insured for "claims" or "suits" directly or indirectly "arising from" the status, actions or inaction, including (without limitation) for vicarious, derivative or strict liability of said Additional Insured, its agents, consultants servants contractors or subcontractors (other than the Named Insured), except for the actions or inactions of the Named Insured. We will have no duty to defend any insured, other than the Named Insured. except when the sole allegation against that insured is vicarious liability for the sole negligence of the Named Insured. All terms conditions and exclusions of the policy, including, but not limited to any deductible or self- insured retention, shall apply to such .Additional Insured. All other terms, conditions and exclusions under the ~)olicy are applicable to this Endorsement and remain unchanged. g8end 06.doc . Cop,iright~ -1999- American Safety Casualty Insurance Company Page 1 of 1 .CERTIFICATION OF NONDISCRIMINATION SECTION ,~10 PROJECT:LANDFILL ENVIRONMENTALMONITORING AND CONSULTANT SERVICES Certification of.Nondiscrimination:- . As-suppliers of goods or servicesto the City .of Pale Alto, the firm and :ndividuals listed below certify that .they do not discriminate in employment, with regards..to age, race, color,, religjo.n, sex, national .origin; ances:~ry, .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:Conor P~i.c Signature:/ Name:Robert No.wack - (PRINT OR TYPE NAME) Name: -Mar ~ J. Watson " (PRINT OR TYPE NAME) Note:The City, pursuant to:the Califomia Corporations Code Section 313 requires two corp.orate officers to execute contracts. *Th; 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 Ffnancial. Officer; or Assistant Treasurer. (In the alternative, a certified corporate resolution attestirig tothe signatory authority of the individuals sigrflng in their respectivecapacitiesis acceptable) ’CITY OF PALO ALTORFP 146206 PAGE 1 OF 1