HomeMy WebLinkAbout2001-10-15 City CouncilTO:
FROM:
DATE:
SUBJECT:
City of Palo Alto
City Manager’s Report
CITY MANAGER DEPARTMENT:: PUBLIC WORKS
OCTOBER 15, 2001 CMR:331:01
APPROVAL OF A CONTRACT IN AN AMOUNT NOT TO
EXCEED $100,000 WITH LANDFIRST CONSULTANTS, INC. FOR
REMOVAL OF SURPLUS GREEN WASTE FROM THE PALO
ALTO COMPOSTING FACILITY TO ALTERNATE RECYCLING
FACILITIES
8
RECOMMENDATION
Staff recommends that Council:
Approve and authorize the Mayor to execute the attached one year contract, with
options to extend the term for up to two additional years, with Landfirst
Consultants, Inc., in an amount not tO exceed $100,000 in the first year for
removal of surplus green waste to alternate composting facilities.
Authorize the City Manager or his designee to exercise the options for extension
of the term for the second and third year in his discretion, in amounts not to
exceed $100,000 in each such year, and execute may other documents necessary to
implement the second and third years of the contract.
DISCUSSION
Project Description
The work to be performed under the contract is for removal of surplus green, waste at the
City of Palo Alto composting facility, to be processed and reused at alternate recycling
facilities that meet the State of California AB 939 diversion program requirements. This
service is necessary because the area designated for composting activity at the landfill is
insufficient to allow processing of the total volume of green waste that was received
during the year. Backstocks of geen waste present an obstacle to smooth operation of
the site and also are subject to fires of spontaneous combustion. By moving surplus
green waste to alternate recycling facilities the landfill will be better able to produce
compost and the City will continue to earn recycling credit under the provisions of
AB 939.
.~ .Page 1 of 2CMR.~31.01
Bid Process
A notice inviting formal bids for "Green Waste Removal Services" was sent on June 5,
2001, to three contractors. The bidding period was 21 days. Bids ~vere received from
three qualified contractors on June 26, 2001, as listed on the attached bid summary
(Attachment B). Bids ranged fi’om a high of $437 per load removed to a low bid of $305
per load removed. Staff has reviewed all bids submitted and recommends that the bid of
$305 per load submitted by Landfirst Consultants, Inc. be accepted and that Landfirst
Consultants, Inc. be declared the lowest responsible bidder.
Staff checked references supplied by the contractor for previous ~vork performed and
found no significant complaints.
RESOURCE IMPACT
Funds for this contract are included in the FY 2001-02 Refuse Fund Operating Budget.
POLICY IMPLICATIONS
The approval of this contract is consistent with existing policies.
ENVIRONMENTAL REVIEW
This project is exempt from the provisions of the California Environmental Quality Act
(CEQA) pursuant to Section 15308 (Action byRegulatory Agencies for Protection of the
Environment) of the CEQA guidelines. ,.
ATTACHMENTS
Attachment A: Contract
Attachment B" Bid Summary
PREPARED BY:
DEPARTMENT HEAD:
CLARK FF
Supervisor
Director of Public Works
CITY MANAGER APPROVAL:
Assistant to the City Manager
CMR:33 l:01 Page 2 of 2
CONTRACT NO.
BETWEEN THE CITY OF PALO ALTO AND
LANDFIRST CONSULTANTS, INC.
FOR CONSULTING SERVICES
ATTACHMENT A
This Contract No.is entered into
, by and between the CITY OF PALO ALTO, a chartered
city and LANDFIRST CONSULTANTS, INC., a municipal corporation of
the State of California. (~CITY"), and LANDFIRST CONSULTANTS,
INC., located at 16960. Frank Ct.,Los Gatos,CA 95032
("CONSULTANT").
RECITALS:
WHEREAS, CITY desires certain services ("Services") as
more fully described in Exhibit "~’; and
WHEREAS, CITY desires to 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 provide the services 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 expire one year thereafter, unless
this Contract is earlier terminated by CITY. Upon the receipt
of CITY’s notice to proceed, CONSULTANT will commence the
services as provided in Exhibit ~A". Time is of the essence of
this Contract. This Contract can be extended for two additional
one year terms at the same rates and terms and conditions by
mutual written consent signed by authorized representatives of
the parties at least sixty (60) days prior to expiration.
SECTION 2.sCOPE OF PROJECT; CHANGES & CORRECTIONS
2.1 The scope of Services the Project will be
performed 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., either decreasing or
increasing the amount of work required of CONSULTANT. In the
event that such changes are ordered, subject to the approval of
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cITY’s City Council, as may be required, CONSULTANT will be
entitled to ful! 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 if applicable.
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 anychange~in
work, unless the amount of additiona!~ 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.
SECTION 3.
CONSULTANT
QUALIFICATIONS,STATUS, AND DUTIES OF
3.1 coNSULTANT represents and warrants that it has
the expertise and professional qualifications to furnish or
cause to be furnished the .Services.CONSULTANT further
represents and warrants that the project director and every
individua!, including any consultant (orcontractors), 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 services will beprovided by them or
under their supervision. CONSULTANT will furnish to CITY for
approval, prior to execution of this Contract, a list of a!l
individuals and the names of their emp!oyers 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 Services.
3.3 CONSULTANT will assign Ok~,~ ~ t~-~ as the
project director to have supervisory responsibility for the
performance, progress, and execution of the Services.
~’W C~o,.~c~-~ will be assigned as the project coordinator who wil!
represent CONSULTANT during the day-to-day work. 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 notices which may be necessary
and incident to the due and lawful prosecution of the Services;
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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 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 p~oject
manager, in writing, any discrepancy or inconsistency it
discovers in the -laws, ordinances, regulations, orders, and
decrees mentioned above in relation to the Deliverables.
3.5 CONSULTANT will provide CITY with two (2) copies
of any documents which are a part of the Services upon their
completion and acceptance by CITY.
.3.6 If CITY requests additional
documents which are a part of the Services,
provide such additional copies :and CITY
CONSULTANT for its duplicating cos{s.
copies of any
CONSULTANT will
will compensate
3.7 CONSULTANT will be responsible for employing or
engaging all persons necessary to provide the Services. Al!
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 outthe
provisions of this Contract or appears to be incompetent orto
act in a disorderly or improper manner, the employeeor
consultant will be discharged immediately from further
performance under this Contract on demand of the~ project
manager.
3.8 CONSULTANT and its consultants, if any, will at
all times be considered.independent contractors and not agents
or employees of CITY.
3.9 CONSULTANT will perform or obtain or cause to be
performed or obtained any and al! of the fol!owing Additional
Services, not included under the Basic Services, if so
authorized, in writing, by CITY:
3.9.1 Providing services as an expert witness in
connection with any public hearing or meeting,arbitration
proceeding, or proceeding of a court of record;
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3.9.2 Incurring travel and subsistence expenses
for CONSULTANT and its staff beyond those normally required
under the Basic Services;
3.9.3 Performing any Other Services ~required by
changes pursuant to Section 2.2 subsequent to the execution of
this Contract.
3.10 CONSULTANT will be responsible for employing all
consultants and other personnel deemed necessary to assist
CONSULTANT in the performance of the Services. The appointment
of consultants must be approved, in advance, by CIT%, in
writing, and must remain acceptable to CITY during the term of
this Contract.
SECTION 4. DUTIES OF CITY
4.1 CITY will furnish or cause to be furnished the
Services listed in Exhibit ~A" and such information regarding
its requirements applicable to the Services as may be reasonably
requested by CONSULTANT.
4.2 The city manager will .represent CITY for all
purposes under this Contract. Clark. Akatiff is designated as the
project manager for the city manager. The project manager will
supervise the performance, progress, and execution of the
Services, and will be assisted by Russell Reiserer, the Solid
waste Manager.
4.3 If CITY observes or otherwise becomes aware of
any default in the performance of CONSULTANT, CITY wil! 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 at the rates provided in
Exhibit ~B". The total compensation shall not exceed One Hundred
Thousand/year Dollars ($I00,000 per year). The fees of the
consultants, who have direct contractual relationships with
CONSULTANT, will be approved, in advance, by CITY and are
included in the maximum compensation. CITY reserves the right
to refuse payment of such fees, if such prior approva! is not
obtained by CONSULTANT.
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5.1.2 The full payment of charges for extra work
or changes, or both, will be made, provided such request for
payment is initiated by CONSULTANT and authorized, in writing,
by the project manager. Payment will be made within thirty (30)
days of submission by CONSULTANT of a statement, in triplicate,
of itemized costs covering such work or changes, or both. Pridr
to commencing such extra work or changes, Or both, the parties
will agree upon an estimated maximum cost for such extra work or
changes. CONSULTANT will not be paid for extra work or changes,
including, without limitation, any change order preparation,
which is made necessary on account of CONSULTANT’s errors,
omissions, or oversights.
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 required information supporting the billing,
including, without limitation, repgrts which have been approved
¯ by the project manager.
5.2.2 Payment for extra work due to changes
instituted pursuant to Section 2.2 will be made in. monthly
progress payments for services rendered, within thirty (30 days
of submission, in triplicate, of-such requests.
5.2.3 No deductions will be made from CONSULTANT’s
compensation on account of penalties,, liquidated damages, or
other sums withheld by CITY from payments to general
contractors.
SECTION 6. INDEMNITY
6.1 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 willful misconduct, or
conduct for which applicable law may impose strict liability On
CONSULTANT in the performance of or failure to perform its
obligations under this Contract.
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SECTION 7. WAIVERS
7.1 The waiver by either party of any breach or
violation of anycovenant, 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.
7.2 No payment, partial payment, acceptance, or
partial acceptance by CITY will operate as a waiver on the part
of CITY of any of its rights under this Contract.
SECTION 8.INSURANCE
8.1 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",
insuringnot only CONSULTANT and~ its consu!tants~ if any, but
also, with the exception of workers’ compensation and employer’s
liability, naming CITY as an additiona! insured concerning
CONSULTANT’s performance under this Contract.
8.2 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 ful! force and effect during the term of
this Contract, identical insurance coverage, naming CITY as an
additional insured under such policies as required above.
8.3 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 contain
an endorsement stating that the insurance is primary coverage
and will not be canceled or altered by the insurer except after
filing with the CITY’s city clerk thirty (30) days prior, written
notice of such cancellation or alteration, and that the City of
Palo Alto is named as an additional insured except in the
policies Of workers’ compensation and emp!oyer’s liability
insurance. Current certificates of such insurance will be kept
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on file at all times during the term of this Contract with the
city clerk.
8.4 The procuring of such required ~policy or
policies of insurance will not be construed to limit
CONSULTANT’s liability hereunder nor to fulfill th~
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 resultof the
Services performed under this Contract, including suchdamage,
injury, or loss arising after the Contract is terminated mr the
term has expired.
SECTION 9". 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 I0. TERMINATIO~OR SUSPENSION OF CONTRACT OR
PROJECT
i0.i The city manager may suspend the execution.of the
Services, in whole or in part, or terminate this Contract, with
or without~ cause, by giving thirty (30) days prior written
notice thereofto CONSULTANT, or immediately after submission to
CITY by CONSULTANT of any completed item of Basic Services.
Upon receipt of such notice, CONSULTANT will immediately
discontinue its performance under this Contract.
10.2 CONSULTANT mayterminate 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 Basic Services.
10.3 Upon such suspension or termination by CITY,
CONSULTANT will be compensated for the Basic Services and
Additional Services performed 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
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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 his discretion.
10.4 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:
10.4.1 For approved items of services, CONS_ULTANT
will be compensated for each item of service fully performed in
the amounts authorized under this.Contract.
10.4.2 For approved items of services on which a
notice to proceed is issued by CITY, but which are not fully
performed, CONSULTANT will be compensated for each item of
service in an amount which bears the same ratio to the tota! 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.
10.4.3 The total complensation payable under the
preceding paragraphs of this Sectloh will not exceed the maximum
yearly payment specified under Section 5.
10.5 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 ii.ASSIGNMENT
ii.i 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 ~o the same or any part thereof without
the prior written consent~ of CITY. A consent to one assignment
wil! 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 wil! not be assignable by operation
of law.
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SECTION 12. NOTICES
12.1 All notices hereunder will be given, in writing,
and mailed, postage prepaid, by certified mail, addressed as
follows:
To CITY:Office of the City Clerk
City of. Palo Alto
Post Office Box 10250
Palo Alto, CA 94303
To CONSULTANT: Attention of the project director
at the address of CONSULTANT recited above
SECTION 13. CONFLICT OF INTEREST
13.1 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.
13.2 CONSULTANT further covenants that, in the
performance of this. Contract, it ~,!!1 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 14.NONDISCRIMINATION
14.1 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 PaSo ~ Alto Municipal Code pertaining to
nondiscrimination in employment, including completing the
requisite form furnished by CITY and set forth in Exhibit ~D".
14.2 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
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compliance with all Federal and State
of~ California laws covering
nondiscrimination in employment;and
that [Name of Provider] will not
discriminate in the employment of any
person under this contract because of
the age, race, color, national origin,
ancestry, religion, disability, sexual
preference or gender of such person."
14.3 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 wil! 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 wil! constitute evidence of a breach of this
Contract.
SECTION 15.MISCELLANEOUS PROVISIONS
15.1 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.
15.2 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 Arbitratio-n Association, and judgment upon the
award rendered by the Arbitrators may be entered in any court
having jurisdiction thereof.
15.3 This Contract will be governed by the laws of.the
State of California, excluding its conflicts of law.
15.4 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
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States District Court for the Northern District of California in
the County of Santa Clara, State of California.
15.5 The prevailing party in any action brought to
enforce the terms of this Contract or arising out ofthis
Contract may recover its reasonable costs and attorneys’fee~
expended in connection with that action.
15.6 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.
15.7 All. provisions of this Contract, whether
covenants or conditions, will be deemed to be both covenants and
conditions.
15.8 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.
15.9 If a court of competent jurisdiction finds or
rules that any provision of this Contract or any amendment
thereto is void or unenforceable, the unaffected provisions of
this Contract and any amendments thereto will remain in full
force and effect.
15.10 All exhibits referred to in this Contract and
any addenda, appendices, attachments, and schedules which, from
time to time, may be referred to in any duly executed amendment
hereto are by such reference incorporated in this Contract and
willbe deemed to be a part of this Contract.
15.11 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.
15.12 This Contract is subject to the fiscal
provisions of the Charte~ 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.
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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
APPROVED AS TO FORM:
City Attorney
APPROVED:
Assistant City Manager
Director of Administrative
Services
Director of Public Works
Insurance Review
Mayor
LANDFIRST CONS INC.
By:
N
T
By:
Title:
Taxpayer Identification No.
(Compliance with Corp. Code § 313 is
required if the entity on whose behalf
this contract is signed is a
corporation. In the alternative, a
certified corporate resolution attesting
to the signatory authority of the
individuals signing in their respective
capacities is acceptable)
Attachments :
EXHIBIT ~A":
EXHIBIT ~B":
EXHIBIT ~C":
EXHIBIT ~’:
SCOPE OF SERVICES
RATE SCHEDULE
INSURANCE
NONDISCRIMINATION COMPLIANCE FORM
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CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code ~ 1189)
STATE OF ~-~
COUNTY OF
On ~4-~ ~, 2001, before me, the undersigned, a
Notary Public in and for said County and State, personally
appeared ~9 ~ .m~.,
personally known to me or proved to me on the basis of
satisfactory evidence to be the person~) whose name~) is/aide
subscribed to the withi.n instrument and acknowledged to me that
he//in~/t!~ey executed the same in his/be~/th~r authorized
capacity(~e~), and~ that by his/~le~/th~r signature Q~) on the
instrument the person(~, or the entity upon behalf of which the
person~) acted, executed the instrument.
WITNESS my hand and official seal.
sign~ature of Notary Public
Commission # 1187184
Notary Public: - Callfomla
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Exhibit A
General Information
SCOPE OF SERVICES
The CONSULTANT shall pick up, remove and transfer CITY Green
Waste to a properly licensed and in a manner which will continue
to earn diversion credit for the CITY by the standards of AB
939. The CONSULTANT shal! dispose of the Green Waste.
Green Waste Product Information Permitted Disposal Site
Compostable green waste comes to the landfill from four
sources: a) Curbside collected waste delivered by the
contract waste hauler, b) City crews and contractors
from parks and trees, c) Commercial landscape, tree and
garden services, d) Residential self-haul.
Once delivered to the landfill composting area, all green
waste is processed through a tub grinder to a minus 2"
size producing a "Ground Green" product. Ground green
waste is not screened and may contain a small component
of paper and plastic (less.o<han 1%).
Average daily production of Ground Green is 40 tons with
seasonal variations up to 50% more or less.
Ground Green material removed from the Palo Alto Landfill
may be used as feed stock for composting or green mulch.
On site, it is sometimes Used as Alternate Daily Cover,
but materials shipped off site cannot be used as ADC.
On odcasion, Owing to operational limitations or
financial considerations, it may be necessary to ship
green waste materials in the raw, unground state to
facilities capable of processing such materials into
compostable or mulching materials.
Consultant’s Responsibilities
i. The CONSULTANT will secure sites to which ground green
material or green waste materials can be delivered and used
as feed stock for composting or green mulch.
2.The CONSULTANT will secure transport of the ground green
material in trucks of 80 cy capacity. Maximum truck height
is 13 feet.
669480-2 A-1
3.The .CONSULTANT must be able to provide sufficient trucking
to remove up to five loads a day, if notified by City of
such need.
4.All trucks shall tare in on the tollhouse scale, and, once
!oaded, will weigh out.
5.The CONSULTANT will provide records of all sales of green
material, and, on a monthly basis.
6.The CONSULTANT is entitled to 100% of any income gained
through sale of transported ground green.
7.The CONSULTANT will provide records of the sties to which
materials are transported and the use to which the
materials are put. Such records will be provided to the
city on a quarterly basis or more frequently as requested
by the city.
8.The CONSULTANT shall procure all necessary permits and
licenses, pay all charges and fees, and give all notices
which may be necessary and incident to the due and lawfu!
prosecution of the services to be rendered. CONSULTANT
shall at al! times observe a~d comply with, and cause al!
of its subcontractors and emp~byee’s if any, to observe and
comply with al! applicable laws. Ordinances, regulations,
orders and decrees.
City’ s Responsibilities
i. City will notify CONSULTANT of the need to remove ground
green material or green waste materials at least 3 days
prior to need. if feasible, a routine schedule for pickup
will be established by agreement in writing.
2.The City will weigh in and out all trucks removing
materials, and maintain a record of such loads. The City
will provide receipts to each truck as it leaves and a copy
of the complete !og to the CONSULTANT on a monthly basis.
3.The City will load the trucks with product. Loading will
be possible Monday through Friday, between 9:00 and 3:00,
and - with 24 hours prior notification - as early as 7:00
and as late as 4:30. City shal! make best effort to load
each truck as promptly as practical.
//
//
669480-2 A-2
Other Requirements
i.Any sales.reports, receipts, documentation or information,
data, or other materia! associated with this contract,
given to, or prepared or assembled by CONSULTANT of it~
subcontractors, if any, shall be the property of the City,
shall not be made available to any individual or
organization without the prior approval of the City, and
shall be retained by CONSULTANT for a period of 3 years.
The CONSULTANT shall make its records available to City
during regular business hours on 24 hours advance notLce.
2.On or beforethe twentieth (20th) day of each month during
the term of this agreement, CONSULTANT shall pay City it’s
percentage share of the gross proceeds for the materials
sold during the previous month. Together with such
payment, Contractor will- provide City with supporting
documentation concerning material sales during the previous
month.
Terms of Contract
i. Charges for services will ~.he calculated on a per/load
basis. Invoices will be paid monthly, and should be
received by the i0th of each month.
2. Contact person for all documents, invoices and general
information is the Landfill Supervisor Clark Akatiff
(650)-329-2113)
669480-2 A-3
Exhibit B
RATE SCHEDULE
Bid Items
i.Payment per minimum 80 cubic yard load of Ground Green
removed : $305 per load.
2.Payment per minimum 80 cubic yard load of unprocessed. Green
Waste removed: The cost paid by the CONSULTANT to disposed
of the unprocessed Green Waste plus 15%, not to exceed a
total payment of $700 per load.
669480-2 B-1
aCORD ,
PRODUCER
i
BROWN & MEYER
Po BOX 2V7
WALNUT GROVE,
iNSURED
& TRANUM
CA 95690
Exhibit C
Landfirst Consultants,
Ron Ganiats & Jim Lord
A Partnership
PO Box 150
Coulterville CA 311
et al
THIS CER’rlIqCATE IS ISSUED AS A MA’ITER OF
ONLY AND CONFERS NO RIGHTS UPON THE
HALOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND O1~,TER THE COVERAGE AFFORDED BY THE POLICIES BELOW
A CALFARM INSURANCE COMPANY
COMPANYB
COMPANYc
COMPANYD
A
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PER!OD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RBSPECT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
TYPE OF INSURANCE POLICY ~ER POLICY EFFECTIVE POLICY EXPIRATIOP LI~DATE ~NfiVI/~D/~ DATE (MM/DD/~
GENERA~ LIABILITY~MMERCIAL GENERAL LIABILITY
~ CLAIMS MADE [--X~ OCCUR
~OWNER’S & CONTRACTOR’S PROT
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
GARAGE LIABILITY
ANY AUTO
EXCESS LIABILITY
~UMBRELLA FORM
OTHER THAN UMBRELLA FORM
WORKERS COMPENSATION AND
EMPLOYERS’ LIABILITY
THE PROPRIETOR/[[ INCLPARTNERS/EXECUTIVE
OFFICERS ARE:EXCL
OTEmR
ABP700218001 12/30/00 12/30/01
GENERAL AGGREGATE
PRODUC’~ - COMPIOP AGG
PERSONAL & ADV INIURY
EACH OCCURRENCE
FIRE DAMAGE (Any one fire)
MED EXP (Any one person)
COMBINED SINGLE LIMIT $
BODILY INJURY $(Per person)
BODILY INJURY $(Per acciden0
PROPERTY DAMAGE
AUTO ONLY-EA ACCIDENT
OTHER THAN AUTO ONLY:
EACH ACCIDENT
AGGREGATE
EACH OCCURRENCE
AGGREGATE
WC STATU-OTH-
TORY LIMITS ER
EL EACH ACCIDENT
EL DISEASE - POLICY LIMIT
EL DISEASE - EA EMPLOYEE
$2000000
s2000000
islO00000
i$I000000
$I00000
s5000
s
$
$
$
$
$
$
DESCRIPTION OF OPERATIONS/LOCATIONS/VEIIICLESISPECIAL ITEMS
CITY OF PALO ALTO NAMED AS ADDITIONAL INSURED
CITY OF PALTO ALTO
ATTN: RUSS REISERER
PO BOX 10250
PALO ALTO, CA 94303
SHOULD ANY OF TIIE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ~
EX~’IRATION DATE ~REOF, TFIE ISSUING COMPANY WILL ENDEAVOR TO M~
3 0 DAYS WRITTEN NOTICE TO TEIE CERTIFICATE HOLDER NAMED TO TI{E LEFT~
BUT FAILURE TO MAlL SUCH NOTICE SHALL BfPOSE NO OBLIGATION OR LIABIL~
OF ANY KIND UPON THE ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESFaNTATrVE
Exhibit D
CERTIFICATION OF NONDISCRIMINATION .......
Certification of Nondiscrimination:
As suppliers of goods or services to the City of Palo Alto, the firm and individuals listed below
certify that they do not discriminate in employment with regards to age, race, color, religion, sex,
national origin, ancestry, disability, or sexual preference; that they are in compliance with all
Federal, State, and local directives and executive orders regarding nondiscrimination in
employment.
THE INFORMATION HEREIN IS CERTIFIED CORRECT BY SIGNATURE(S) BELOW.
Firm:
Signature:
Name:
Signature:
Name:
Not~:
~.PRIN’T/4g~R TYPE NAME)
(PRINT OR i-YPE NAME)
California Corporations Code Section 313 requires two Corporate officers to execute
contracts.
*The signature of First Officer* must be one of the following: Chairman of the
Board; President; or Vice President.
**The signature of the Second Officer** must be one of the following: Secretary,
Assistant Secretary; Chief Financial Officer, or Assistant. Treasurer.
(In the alternative, a certified corporate resolution attesting to the signatory
authority of the individuals signing in their respective capacities is acceptable)
-CITY OF PALO ALTO PAGE 1 OF 1