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Home My WebLink About0328.091,,' ,. _, .. ~" ~ ::t'-. ~~'£::~7: < "' I;>~ !. __ ...... ,.. .... ((IIIl""1l.."'~".".-"-" .• ~,, ~--; 4'""- - I). . . .~ "J :. July 111 1991 THE HONORABLE cITY COUNCIL Palo Alto, California Regional Water quality Control Plant Discharge Monitoring Cpmsultant Agreement Members of the council: Report in Brief 3 This report recommends that Council approve an agreement with Wood~ard-Clyde Consultants in the amount of $260,500 to conduct the monitoring of San Francisco Bay adjacent to the Regional Water Quality Control Plant (RWQCP) for FY 1991-92. Background This project is mandated by the Regional Water Quality contr¢l Board (Regional Boardj and must be performea in concert with the cities of San Jose and Sunnyvale. The purpose of the project is to monitor heavy metals and other toxic pollutants in San Francisco Bay near the RWQCP discharge outlet. The monitoring is required under the discharqe permit issued to the City by the Reqional .Board 4 costs fer the monitoring have been included in the FY 1991-92 budget approved by Council on June 24, 1991. The high cost is due to the Reqional Board requirements, which include large numbers of ~ater and sediment samples and ~ ultr-a-clean' procedur-es (similar to those used in the electronics industry) to detect trace pollutants. Discussion This project appeared on the July 1990 list of projects £o~~arQed to the Finance and Public Works Committee (F&PW), and F&PW determined that it would not be involved in the consultant selection process. Only one proposal was submitted in response to the Request for Proposals due to the magnitude of the project, the need for 'ultra-clean' procedures, and the fact that Su~~yvale and San Jose ml~st perfonc simultaneous studies. h'oodward-Clyde Consultants performed the same sampling and analysis project for Palo Alto during the preceding fiscal year and performed well. The agreement is for a one-year period with the City having the option to extend the contract for two addi tiona! years depending upon need, performance and the availability of funds, -1- CMR:32S:91 L , .t ...J Recommendations staff recommends that Council: Approve and authorize the Mi!yor to execute aqreeltlent with Woodward-Clyde Consul tal"lts in $260,SCv fer FY 199~-9l Say ~onitorin9. ·:Ui. J£1I the attached the amount of l. Authorize the city Manaqer or his designee to negotiate and execute amendments for services related to or incidental to the scope of 'Work or services, the value of 311 of 'Whictl amendments shall not exceed $40,000. Respectfully submitted, ~ PHILIP SOBEL Enqine~rin9 Manager DAVID G. ADAMS ~irector of Public Works ~~~ Assistant City Manager Attac~~ent: Agreement CHR:328:91 -2- • ~ i , ! I 1 A 0 R I I M EXT PROFESSIONAL ENGINEERING CONScrLTANT SERVICBS BY AND BETWEEN ~ CITY OF PALO ALTO AND WOODWARD CLYDE CONScrLTANTS THIS AGREEMENT is lr.ade and entered into this 19th day of June, 1991, ]:.!'" arod. be't'Ween the CITY OF PJo,LO ALTO, a municipal corporation of California hereinafter referred to as MCITY,-and Woodward Clyde Consultants (Taxpayer Identification No, 941716908), a california corporation, with otfices at 500 12th Street Oakland CA 94607 ~ hereinafter referred to as .CONSULTA."lT"; • I tHE SSE T H: WHEREAS, CITY desires certair, professional services hereinafter described; and ifflEREAS, CITY desires to engage CONSULTANT to provide these services by reason of its qualifications and experience for performing such services, and CO~SULTk~T has offered to provide th~ required services on the terms and in the manner set forth herein; NOW, THEREFORE, in consider~tion of their mutual covenants, the parties hereto agree as fcllo\o's: SECTION 1 -nEFINrTloN~ 1.1 .c.ID: • '. t t ! I I i ; , f [ I , I I • , .. ~ r~e term ~City" as used in this Aqreemant 5~all mean and include all the territory lying ~ithin the municipal boundaries of the City of Palo Alto, California, as presently existing, plus all territory which :may :be added thoereto during the term of this Aqreement by anneli:ation or othenwise. The term ncity Manager a shall mean the duly appointed city Manager of the city of Palo Alto~ California, or his desigr.ated representative. 1. 3 CITY ATTORNEY The term ·City Attorney· shall mean the duly appointed City Attorney o~ the City of Palo Alto, California, or his desi9nate~ representative. 1.4 CITY CLERK The term ·City Clerk" shall mean the duly appointed City Clerk of the City of Palo Alto, California, or her designated representative. 1.5 R1SK MANAGER The term -Risk Manager D shall me.!:ln the duly appointed Risk Manager of the City of Palo Alto, California, or his designated representative. I f ·, 1. 6 PROJECT The ter.m ·Project-means the improvements describ~~ in Exhibit -A-entitled ·Scope of Project-att3ched hereto and made a part hereof. SECTION 2 -pROJECT COORDINATION 2.1 £In: _The City Manager shall be representative of CITY for all purposes under this Ag~eement. Phil Bobel is designated as the PROJECl "MANAGER fer the City Manager, and the PROJECT MANAGER shall supervise the proqress and execution of this Aqreem~nt. 2 • 2 CONSULTANT CONSULTANT shall assign a si~gle PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Aqreement for CONSULTAN'l'. Michael Drennan hereby is designated as the PROJECT DIRECTOR :for CONSULTANT. Michael Dr€'nnan shall also be assigned as PROJECT COORDINATOR fer CONSULTANT and shall represent CONSULTANT during the day-to-day work on the Project. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute PROJECT DIRECTOR cr PROJECT COORDINATOR for any reason the PROJECT DIRECTOR or PROJECT J',~ i'._r; . ~ .. ~ > .. I, 1 , I I f ! ~Jf I i~~ COOROINATOR designee shall be sUbject to the prior written appro\o~a.l of the PROJECT ENGINEER. SECTION ) -SCOPE OF PROJECT The SCOpE: of the Project to be e~ecuted by CONSULTANT under the phases of the Basic Services described in Section 4.1 of this Agreement is as described in Exhibit ·A~ attached hereto and made a part hereof. SECTION .. -DUTIES OF CONSULTANT 4.1 BASIC SERVICES Unless otheIVise indicated~ CONSULTANT s!".all perfo.l1:l each task and accomplish each objective described in the Study Plans summarized and more particularly descrioed in Exhibit ·A~~ ·scope of Project .. • ~ .2 GENERAL DUTIES OF CONSULT>.NT .. • , • - 4.2.1 COnStlLTAliT represents that it is qualified to furnish the services described under this Agreement. CONSULTANT further dsclares that one or more me~ers or employees or his firm and that of its subconsultants, if anYJ ere lice~sed by the State o~ California to perform their services and that these services will be perLormEd by them or under thei~ supervision. CONSULTANT shall furnish to CITY tor approval, prior to execution of this Agreement, a list of all firms or co~~rations to be employed ~s subconsultants. CONSULTANT shall furnish CITY with ever~ reasonable opportunity for CITY to ascertain that the services of CONSULTANT are being performed in accordance with the requirements and intentions of this Aqreement. SECTION 5 -puTIES OF CITY 5.1 CITY" shall provide full in!onr.at.io~ regarding its requirements for the Project. 5.2 CITY shall examine documents sub~itted by CONSULTANT and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of CONSULTk~T's work. 5.3 The 6ervices~ information, surveys and reports reql.:.ired by paragraphs 5.~ and 5.2 shall be furnished at CITY's expense, and CONSULTANT shall be entitled to rely upon the a=curacy thereof. -..;: • S~C If CITY observes or otherwise becomes aware of any fault or defect in tlle Project or nonconformance with the conttact d~ents, CITY shall give rrompt written notice thereof to CONSULTANT. 5.5 CrT¥ shall furnish info:t"lOation required by CONSULTANT as expeditiously es possible. SECTION 6 -PAYMEgr Payment shall be made by CITY only for services rehdered and upon submission in triplicate of monthly progress payment requests. Each invoice shall be itemized as to the type of payment described in this section. 6.1 CONSULTANT'S FEES In ccnsioeration for the full performance of the Basic Services and re.imbursable expe.nses described in Sectio:l .c ~ 1 of this Agreement, CITY :agrees to pay CONSULTANT a fee not to exceed $260,500 for the study. The amount of CONSULTANT's compensation shall be calcUlated as set forth in Exhibit -B", Payment Schedule, attached ~to, 8ft • tise BRa ma~eriil& Q~.i.) up to the maximum amount set forth in this paragraph 6~1. L - " . 1 I,. l --~ :"' , I. . ·1 ! .-. 6.1.1 Subconsllltants. Fees for subconsultants, hired directly by CONSULTANT I shall .be approved by CITi' in advance of inc~ring such fees. E.1. 2 For fxtra Work or Ch~. Payment for extra 'Work or chanqes in the work not initiatec by the CONSULTANT and authoriz.ed in writing by the PROJECT ENGINEER shall be mace upon subaission by CONSULTANT of a statement in triplicate of itemized costs covering such work. Prior to commencing such extra work or chanqes, CONSULTANT and CITY shall agree upon an estimate~ not-to exceed cost for such ext~a ~ork. In no event shall CONSULTANT be paid for design work or chanqe order p~eparation which is necessary because of CONSULTANl's errors or oversights. 6.1. 3 ~lation o~ pirect personnel Expense. Direct personnel expense of employees engaged on the Project by CONSULTANT includes the work of architects, engineers~ desiqners l job captains, draftspersons, specification vriters and typists, in consultation~ research and design" in producing dra'Wings" specifications and other documents pertaining to the Project, ano in services during construction at the site. Included in the cos~ of direct personnel elCpense of these employees are salaries and mandatory and customary benefits such as statutory employee benefits, insurance, sick leave, holidays and vacations, pensions and similar benefits. 6.2 PAYMENT SCHEOOLE , - -. , I - -J ............... -.. ->0. .' -I .. ; , i . t 'I " , -' 6.2.1 Lru:. Basic Services. Pa~~nts for Basic Services shall be made in progress payments in proportion to services performed in ~ccordance ~ith Exhibit -8". Final p~~ent shall be made by CITY after CONSULTfu~T h~s submitted all required reports and received apprcval thereon~ 6.2.2 D4!dUctjODS. No deductions shall be made from CONSULTIJ1T's compensation on account of penaltYI liquidated damages, or other SumS withheld fro~ payments to contractors. 6.2.3 payment Upon Suspension or Abandonment of Project. If the Project is suspended for more than three (3) months or abandoned in whole or in part, CONSULTANT shall be paid its compensation for services perform~d prior to receipt of written notice from CIT~ of such suspension or abandonment, together vith additional and reimbursable expenses then due. If the Project is resumed after beinq suspende~ for more than sixty (60) days, any change in CONSULTANT I s co:rnpensation shall be subj ect to renegotiation and, if necessary, appro',ral by the Palo Alto city Council. If T~is Agreement is suspended or terminated for fault of CONSULTANT. CITY shall be obligated to co~pensate CONSULTANT only for that portion of CONSULTANT's ser ... ices .... hich are of benefit to ~ CITY. SECTION 7 =-EROGP£SS AND COMPL£TION 7.1 TERM OF AGREEMENT ANnD RE~'EWbL *", ~~'. ""~ '" :' , . , I I l l I I - The initial term of this Agreement is t~elve t12) months~ However, CITY reserves the right to cancel or modify the Agreement acc~rdinq to ar.y changes or deletions in regulatory agency requirements tor CONSULTANT's services. CITY may renew this Aqreement with CONSULTANT on ~n annual basis for up to tw~ C2J additional years following the first year of the Agreement. The rene'lilal of the Agreement is su1::;j ect to 'Whether CONSULTANT I S performance under the Agreement is satisfactory to CITY and whether the Palo ~to City council allocates funding for the Agreement for each of the subsequent two (2} fiscal years of the term. Prior to the renewal of this Agreement, CITY and CONSULTANT shall nego~iate a JIIutually acceptable escal at ion factor for fees to be paid to CONSULTANT for its services under the renewed Agreement. If no aqreemant can be reached on an acceptable escalation factor, the Agreement shall not be renew~d. 7.2 TIME IS OF THE ESSENCE It is understood an-a agree:d that time is of the essence of this AqreE'!:ment, and that, follo ..... ing receipt of Noti ce to Proceed, CONSULTANT shall commence ..... ork on initial tasks of study in .eccordance with the time schedule, Exhibit -A w • Section IV. Wcrk on subsequent tasks shall proceed in accordance ~ith s~id time schedule. 7.3 TIME COMPLETION OF EACH PHASE CONSULTANT agrees to perform the phased services within the time limits set forth in Exhibit "A" provided, however, that \" • "" .. t" .' ....J any change in the scope of services or ot~er changes due' to CITY's operatin9 requirements, or in connection with other contractors or consultants operations, may require a revised time table. CITY agrees to exercise due diligence in performing its tasks to implement the CONSULTANT'S time table. 7.4 CITY'S REVIEW AND APPROVAL Bet'Ween each phase of ..-ork there i~ a review and approval period by CITY. The CITY will ~xercise due diligence to complete these tasks: hO\lTBVer, it is reccgr:iizE!d that the inter:r-elated exchange of information among CITY's various departments makes it impossible to set a specific time schedule. Normally. the CITY's estimated period of review and approval 'Will be furnished to CONSULTANT at the time of submission of each phase of vork~ 7.5 EXTENSION OF TIME OF COMPLETION In tbe event the services c~lled for under-this Agreemen.t. are not completed by CONSULTAN'l' .... ithin the time specified, CITY shall have. the option to e.xt2nd the t.ime of completion. This paragraph does not preclude th~ recovery of damages for delay of ei ther party. SECTION 8 -CHANGES IN WORK CITY may oreer major changes in scope or character of work t either decreasing or increasing the amount of CONSULTAl-:-' s L It ..... 7 .-fiIiIW" -' - services. In the event that such changes are ordered, CONSULTANT shall be entitled to full compensation for all ""ork perton:led prior to receipt of notice of chanqe. Increased compensation tor major chAnges Ehall be detez-mined in accordance with section 6 of the Agreeaent, but in no .avent shall CIT'i :be 1 iable for paYlDent unless the amount of such extra compensation shall firs have been agree~ to in writing by CIT¥. In the event that major changes are ordered pursuant to this section, the schedule for progress and completion in Section 7 of this Agreemant and cO:l!'.pensation shall be adjusted by negotiation bet~een CONSULTANT and CITY, subject to approval, it necessary by the Palo Alto city Council. SECTION 2 -TERMINATION OR SUSPENSION Of AGR£EMthd 9.1 CANCELLATION By CONSULTANT CONSUL'!'ANT may terninate this A.qreelT~ent or suspend ~ork on the Project upon thirty (30) ~aysl writte~ notice to CITY, but only in the event of substantial failUre of performance by CITY or in the event CITY abandons O~ indefinitely postpones the project. 9.2 CANCELLATION BY CITY Without limitation to such ~ights or remedies as CITY shall otherwise have by lav, CITY shall have the right to terminate this Agreement or suspend work on the Project for any reason, upon fifteen (15J days' written notice to CONSULTANT, or i!O.tlediately ·L - after submission to CITY by CONSULT.~T of ~ny completed item of .. ervice specified in section 4 of this Agreement. CONSULTANT aqrees to cease ~ll work under this Agreement upon reoeipt of said Vl."1tten notice. s.) ~HSATION' OF CONSULT1,.NT IN THE EVENT OF TERMINATION OF THIS AGREEMENT In the event of termination of this Agreement or suspension of 'Work on tl:Ie Project by either CITY or CONSULTANT, CONSULTANT shall receive compensation as follo~s: 9.3.1 For ~pproved items of service under Section 4 of thi:s Aqreement~ compensation shall be in the amount outlined under Section 6 of this Agreement for the ite~s of service fully performed by CONSULTANT. 9.3.2 For items of service on w'hich a notice to proceed has been issued by CITY, but ."hich have not been fully completed and approved, CONSULTANT shall be compensated for said service in an amount ~hich bears the same ratio to the total fee otherwise payable for the performance of said service as the service actually rend~red bears to the total service necessary tor the full performance of said ite~ of service. 9.3.3 In no event shall the total compensation paid in the immediately preceding paragraphs exceed the payment specified in Section 6 for the respective items of service to be furnished by CIJ!lSULTM'T. • " ,. 1 I j 1. - Not~ithstandin9 anything in the preceding paraqrapbs, upon tet'1Dination tor fault of CONSULTA..VT. CITY shall be ob11~ated to pay for only that portion of the service which can be incorporated in the Project. 9.' DUTIES Of CITY M'D CONSLTLTAHT Upon termi~aticn of this Agreement or $uspension of ~ork on the Project by either CITY or CONSULTANT, all duties of CITY and CONSULTANT, as set forth in Sections 4 and 5 hereinabove, shall terminate. SECTION 10 -CONSULTANT'S ACCOUNTING ~ECOBDS Records of the ,(0110..,10; expenses plO!rtaining to the Project shall be kept :by CONSULTANT on a generally recogn.izec:i accounting basis and shall be available to CITY at mutually convenient times: 10.1 Direct personnel expenses, including consultant expenses. (See Section 6 of this Agreement.) 10.2 Expenses partaining to Additional services. (See section 6 of this Agr~ement.J SECTION 11 -OWNERSHIP OF OOCUMENTS 11.1 Subject to the provisions of Paragraph 11.2 belo~, the original drawings, maps, plans, designs. records of survey, ~ork L - _ ... ,-,~ -- data, specifications, and other documents prepared by CONSULTANT in the performance of this Agreement~ although instruments of protessional service, are and shall be the property of CIT'{ whether the Project for which they are made is executed or not. 11.2 Upon termination under Section 9 of this Agreement and upon CITY's payment of the amount required to be paid under same section, the originals and all dra'Wings, calculations, specifications and similar documents become the property of CITY, and CONSULTANT shall transfer them to CITX' upon request without additional compensation. CIT¥ s~all have the right to utilize any completed or uncompleted dra~ings, estimates, specifications, and other documents prepared hereunder by CONSULTANT; however, CITY shall indemnify CONSULTANT ~gainst any loss ~hich may be caused to CONSULTANT by such Use ~nd reuse. SECTION 12 -INTEREST OF CON~ULT&~T: CONSULTANT INDEPENDENT OF CITY In accepting this Agreement, CONSULTA...~T covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, ~hich ~ould conflict in any manner or degree vith the performance of the services hereUnder. CONSULTANT further covenants that, in the performance of this Agreement. no subcontractor or person having such an interest shall be employed. CONSULTANT certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of CIT¥. l' I i I " ! ~ y , ~ I ; I , i I I , • \ I, , I - It is expressly agreed that in the peI'fonnance of the professional services required under this Agree~ent CONSULT}JfT~ and any ot its subconsultants or e:tlployee~~ shall at all tilnes be considered independent contractors and not agents or employees of CITY .. SEctION 13 -OUTSIPE CONSULTANTS CONSULTANT shall he responsible for employing all outside consultants (subconsultal'lts) necessary to aid CONSULTANT in the performance of the services listed in Section 4 of this Agreement; provided, however, that all such subconsultants shall receive prior approval of CITY in writing and shall remain acceptable to CITY during the term of this Aqree~ent. SECTION 14 -INDEMNITY CONSULTANT agrees to protect, indemnifY, defend and hold harmless CITY, its officers, agents and enployees from any and all de~ands~ claims, or liability of any nature, including death or injury to any person, property damage or any other loss, to the extent caused by or arising out of CONSULTANT's, its officers', agents', subcontractors' or employees' negligent acts, errors, or omissions, or willful misconduct, or conduct for .... hich the law imposes strict liability on CONSULTJI.N'T in the performance or failure to perforD this Agreement. SECTION 15 -I~SURANCE • 15.1 LIABILITY INSUF1l,NCE 15.1.1 CONSULTANT, at its sole cost and expense, shall obtain and maintain, in full force and effect throughout the entire term of this Aqree~ent, the insurance coverage described in Exhibit ·C·, attached hereto, insl.i.ring not only CONSULTANT and its subcontractors,. if any, but also, ""it:h the exception of workers' compensa.tion and emplo)'er's liability insurance, CITY, its officers, agents and employees, and each of the.n., with respect to activities and services performed by CONSULTANT for or on behalt of CITY under the provisions of this Agreement~ 15.1. 2 certificates of such insurance, preferably on the forms provided by CITY, shall be filed ~ith CITY concurrently with the execut.ion of this Agreemer:.t or, with CITY's approval, within ten (10) working days thereafter~ Said certificates shall be subject to the approval of the CITY Risk Manager and shall contain an e.ndorseme.nt stating that said insi.lrance is primary coverage and will not be cancelled or altered by the insurer except after filing with the City Clerk thirty (30) days' prior written notice of such cancellation or alteration, and that the City of Palo Alto is named as an additional insured (except in policies of professional liability and ~orkers' compensation insurance). CUrrent certificates of such insur-ance shall be kept on file at all times during the term of this Agreement .'ith the city Clerk. 15.2 CORRECTION OF .ANY ERRORS, OMISSIONS, AND AMBIGUITIES IN CONTRAC"r DOCUMENTS -L • - Any errors, omissions, or ambiguities in the contract documents which are discQver&d before the Froj~ct is out tor bid shall be corrected by CONSULTANT ~ithout cost to CITY. CONSULTANT .ervices required to maks changes in construction resulting from errors, omissions, or ambi9uities in the contract documents ~hich are discoverea after the contract is awarded shall be performed by CONSULTAN'l' without cost to CITY only insofar as they reslll t in unnecessary or non-beneficial changes in constructior.~ CONSUL~ANT services required to make changes in construction resultin9 from errors, cnissicns, or anhiqulties to the contract documents wnich are discovered after the contract is awarded shall be performed by CONSULTANT and shall be paid for by CITY only insofar BS they add benefit to the construction work. SECTION 16 -WORKERS' COMPENSATION Consultant, by executing this Agreement, certifies that it is aware of the provisions of the Labor Code of tbe state of California which require. every ernploJler to be insured against liability for wor~ersl compensation or to undertake self-insurance in accordance 'io'ith the provisions of that C,:Y3e, and certifies that it ~ill comply ~ith such provisi~ns before commencing the perfornaance of the .... ork of tbis A.gree!T',ent. SECTION 11 -AGREEY.ENT BINP!NG The terms, covenants, and conditions of this Agreement shall apply to, and ~hal1 bind, the heirs, successors, executors, administrators, assigns, and subcontractors of both parties. j '_ i - ~CTIQN 18 -NONASSIGNABILlXI 18.1 PERSONAL SERVICES OF CONSUlTANT Both parties hereto recognize that this Agreement is for the personal services ot CONSULTANT and can.not be trans.ferred, assiqned or subcontracted by CONSULTANT without the prio~ written consent of CITY. 18.2 SERVICES Of SUBCONSULTANI AND THEIR EMPI~yEES CONSULTANT shall be responsible for emp) oying or engaging all persons necessary to perform the serv-ices of CONSULTANT hereunder. No subconsultant of CONSULT~~T will be recoqniled by CITY as such; rather, all subconsultants are deemed to be employees o~ CONSULTANT, and it agrees to be responsible for their perrormance. CONSULTANT shall give its personal attention to the fulfillment of the provisions of thh: J..greement by all o.f its employees and subconsultants~ if any~ and shall keep the work under its control. If any employee or sUbconsultant of CONSULTANT fails or refuses to carry out the provisions of this Agreement or appears to be incompetent or to act in a disorderly or improper manner, he or she shall be discharged immediately from the work under this Agreement on de~and of CITY~ SECTION 19 RELIANCE UPON PROFESSIONAL SKILl, OF CONSULTANT • ;:., .• >.-"', '.:..: .:... ~ -::",··'-:'t" .' :i~~]};~ ,.' ~~·:~1·.·· 1II\! ..... ' ... _·#-.-:>:}~:_~'_ .. .-. .. · ... ""'..,."'r"'''''''"_jt$~ ..... ''''''J".!i!.o!IlIA!!,. ""."i; .... ~,.,..~..,.~ -- It is mutually understood and agreed by and between the partie.s hereto t:hat CONSULTANT is skilled in the professional ca~linq necessary to perform the vork agreed to b~ done hereunder and that CITY relies upon the professional skill of CONSUL·TAN'J to do and per!o~ the work in a ski)lf~l manner, and CONSULTANT agrees to thus ~rfo~ the vo~k in accordance ~ith the standard of care normally exercised by other professionals doing similar work under similar circumstances. The acceptance or CONSULTANT I 5 work by CITY does not operate as a release of CONSULT~~ trom said obliq~tion. SECTION 20 -WAIVERS The vaiver by either party of any breach or violation of any term, covenant, or condition of this Agreement or of any provision, Qrdinance, or law shall not he deemed to be a waiver of any other term, covenant, condition, ordinance, or law or of any sUbsequent breach or violation of the same or of any other term, covenant, conditicn, ordinance, or law. The subse~~ent ~cceptance by either party of any fee or other money ~hich may become due hereunder shall not be deeDled to be a .-..:aiver of any preceding breach or violaticn by the other party of any term, covenant, or condition of this Agreement or of any applicable law or ordinance. SECTION 21 -NO IMPLIED WAIVER No payment, partial pa.1""ffient, acceptance, or partial acceptance by CIT~ shall operate as a ~aiver on the part of CITY of any of its rights u~der this Agree~ent. L i t I i i \ I I 1 ! \ I '-, "./ SECTION 22 -COSTS AND ATTOP~EYS' FEES The prevailing party in any action brought to enforce the terms of this Agree:ment or arising out of this Agreemer.:t :may recover its reasonable costs and atto4ney fees expended in connection with such ~n action from the other party~ SECTION 23 -NQNDISCRIMIN~TION; PENALTY 23. 1 D!!TX OF CQ"~SULTI\lIT No discriminbtion shall be made in the employment of persons under thi$ Aqreement because of the race. color, national oriqin, ancestry, religion or sex of such person. If the value of this Agreement is, or may be, Five Thousand Dollars ($5,000) or more 6 CONSULTANT agrees to meet all requirements of the Palo Alto Municipal Code pertaining to nondiscrimination in employment, including cO'lr,pletin9 the ·Compliance Re?ort--NoncHscriminaticn Provisions of Ci ty of palo Al to Contracts" on the form .furr:.ished by CITY and attached hereto as Exhibit ~D" and made ~ part hereof by this reference. CONSULTAN'T agrees that each agreement for sen· ices from independent providers shall contain a provision substantially as follows: ·PROVIDER shall provide COr~SULTANT "With a certificate statinq that he (or she) is currently in compl ience .. i tl: all Federal and • c i. f t , I ; , I I I i " state of California laws covering nondiscrimination in employment: that he~ (or she) will pursue an affil"lIlat.ive course of action as required by the Affirmative Action Guidelines of the City of Palo Alto; and that he (or she) will not di5cri~inate in the employment of any person under this contract because ot race. color, national oriqin l ancestry .. sex or religion of such person. 'III 23.2 PENALTY FOR PISCRIMINATION CONStJLTANT is found in violo!ltion of the nondiscrimination provisions ot the State of California Fair ~loYEent Practices Act or similar provisions of fe~eral law or executive order in the performance of this Agreement, it shall thereby be found in material breach of this Agreement. Thereupon, CITY shall have the power to cancel or suspend this Aqreernent, in 'Whole or in part, or to deduct from the amount payable to CONSULTANT the sum of TVenty-Five Dollars (S2S) for each person for each calendar day during which such person was discriminateo against, .-~ damages for said creach of contract, or hoth. Only a findin9 of the State of Cal i (ornia Fair Ernplo:yIrlent Practices Commission or the equivalent federal agency or of.ficer shall constitute evidence of a violation of co~tract under this section. It CONStiLTANT is found in violation of the nondiscrimination provisions of this Agreenent or the applicable affirmative action guidelines pertaining to this Agreement, L j L I • CONSULTANT shall be found in. material breach of this Agreement. Tbereupon, CITY shall have the power to cancel or susp€md this Aqreement, in whole or in part, .or to deouct from the amount payable to CONSULT~~ the sum of Two H~ndred Fifty Dollars ($250) tor each calendar day during which CONSULTANT is found to have been in such noncompliance as damages for said ~reach cf contract, or Ix>th • SECTION 24 -ABBITPATION Upon agreement of the parties any controversy or claim arisinq out of or re.lating to this A'3'reement ll:lay be settled by arbitratio~ in accordance with the Rules of the American Arbitration Association, and judgment upon the award rendered cy tbe Arbitrators may be entered in any court having jurisdiction thereof. SECTION 25 -KOTICES All notices hereunder shall be given in writinq and mailed, postage prepaid, by certified mail.k addressed as follows: To CITY: Office of the City Clerk 250 Hamilton Avenue Palo Alto. CA 9~303 To CONSULTANT: Attention of the PROJECT ENGINEER at the address of CONSULTk~T recited above ---,.---" ~-.-L • . ..J . , - SECTION 1: 6 -ALL CONVENAN1'S ARE CONQITIONS All provisions of this Agreement are expressly ~ade conditions. SECTION 27 -AGREEMENT conTAINS ALL VNpERSTANDING3i AMENDMENT This document represents the entire and integrated aqreE!Ilent between CITY and CONSULTANT and. supersedes all prior negotiations, representations, and agreements~ either written or oral. rhis document may be amended only by vritten instrument, signed by both CITY and CONSt1J.TANT. SECTION 1 -GOVERNING LAW This Agreement shall be g:>verned by the laws of the State of California. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above ",·ritten. ; .. ·.L··". "f _ , , • I \ ! - ATTEST: CITY OF PALO ALTO City Clerk Mayer APPROVED AS TO FORM: Assistant City Attorney APPROVED: WOODWARD CLYDE CONSllLTANTS By: Assistant City Manager ~j C--%-'<.<- Its: Director of Finance Risk: Manager APPROVED AS TO CONTENT: Environmental Compliance Manager Attachments: EXHIBIT -A" .EXHIBIT -B 'EXHI BI'T • en EXHIBIT II'D" SCOPE OF PROJECT PAYMENT SCHEDULE INSURANCE NONDISCRIMINA7ION CC~~LIANCE FORM EXHIBIT 'A" SCOPE OF PROJECT & SCHEDULE ,. ; . - .~-~-.~------- E~"ibit A SCOPE OF PRO]Ecr AND SCHEDULE PROJECT DESCRJPTJON The scope of work to be provided by CONSULTA."''T 'Jnde. this Agreemont includes all necessary labor~ materials, equipment,. and professional services for the follo'W'ing: • • • • Monitor metals and selenium concentrations in the water column and sediment at [\Wo South Bay stations, tvvo times each, for one year; ("-",duct. study examining the feasibility of modifying automatic sampling gear to collect receiving water samp!es over a tidal cyc1~ using ultra-clean methods; Conduct a comparison of wee and R WQCP effluent sampling and analysis procedures; Evaluate the results and prepare a final report SERVlCES INCLUDED The professional semces provided by the CONSULTM'T for the above 1escnbed project shall include the following tasks. which are diseus.sed in detail belay.,: SA -Field Sampling SB -Laboratory Anal)'sis 5C. Conduct auto--samplir.g feasiblliry study 5D -Comparison of wee and R WOCP effluem sampling and ~nalytica1 procedures 5E· Data A'1alysis, Interpretation, and Repon Prepa,ation SF -Meetings and Coordination CONSULTANT shall provide Palo Aha wiln the Project Deliverables, in accordance with the time frames set fonh as described below and as shown in Figure 1 attached to this Exhibit A. Task SA -Field Sampling Field sampling v.ill be conducred at the following t\lVO locations: Station 1 . near 1.1-].e Dumbarton Bridge, Station 2 -along Mayfield Slough jusl north of the Palo Alto Regional WateT Quality Control Plant (RWQCP) discharge. i • r . , It "'. .• ,. :#" -1991 1992 MIlESTONE Apr I May ! Jun I Jut I Aug! Sep I Oct I Nov ! Dec Jan I Feb ! Mar I Apr I May I Jun J Jul I Aug J Sep I Contract Award J\J1y t, 1909; V 0., '(\In"" et W&.a.1her Waler and Se(fImerlt 0 0 s.mpIlng lilllOfi!llQ·,. 'Te~lj~.g " ISa~ Aulomalic Sampling t i 0 Letler Report • W .. 1Is l:l ~l1el CoIfI~\I< tI;":"Mti~ laboratory Analysis c i C:::=~ Oala Analysis = = Data Aeporls /), /), ,. ~~ ~Ar...-FI'1;i1 Seasonal RepQrt /), ,,,,,-s. ~ S<!mple Ew.,~ - Dfart Final Report .Ju.,. 1. '992 .6 ~ect!iva CommEtIlts From Palo Alto Me a, 1992 V Interim fl nar Report JIJII;t 22,IH4i 6. Final Report July 1,1i92 II • - I ~ I I , I I - CONSULTANT sball monilor the waler column and sediment two time." at each of Ih~ cwo stations (this will entail 1 colleCl'jon during the dry weather season and 1 collection during the wet weather season). Surfaoe waler samples (three replicates) will be coDocted using "clean sampling" techniques at each Joca:tion during an outgoing high tide. Samples will be p!ac~d on ice, as needed. and transported under chain-of-custody to ll>e receiving laboratory. Field data taken at the time or sampling will include station depth. ... ater temperature, pH, salinit)', dissolved OJt)'gen and tidal stage. Vertical profiles o( the water column for temperature, p~ salinity, and dissolved OJt)'gen data will be conducted at on. foot intervals (surface and near bottom only for pH .. 1d dissolved oxygen) .t Station l. These data ,,-ill be collected only at tbe surface al Station 2. Surficial sediment samples shall be coUected in triplicate at both stations. In general, "!'uge! SoWld Prolocol" WIll be followed as appropriale to local conditions. Sediment samples wHI be coDected will> a Tenon-coated stainless steel Ponar dredge (5 grabs) as dictated by existing habitat conditions. Samples thus collected will be careruUy partitioned into containers for analysis of specific classes of constituents [e.g .. undistlJrbed portions (roughly one liter) of the sample will be removed and placed in appropriate labeled containers. stored an ice, and transported under chain-f'Jf-cl.lstooy to the recfio..ing laboratoty~ The total number of samples 10 be collected for ea.::h anaiy!e and for each station is given in Table 1 attached to this Exhibil A This table also includes additional samples required {"" QA/QC and samples to be coUected for effluent reference p-orposes. Task SB " Laboratory Allalysis The objective of sample analysis is to obtain results whicb meet or exceed tne established regulatory <:riteria for data quality. In generai~ the sampting and analys.is procedures shall (oUow specifications given in ~~e June B, 1989 letter from t.o. Regional Board and subsequent alterations as specified in Regional Board Iettor; of June 20, July 5, and July 21, except as modified heiC:il1, or except as agreed upon by CJTY. The chemical constitu~nts to be determined are: I) Metals (As, Cd, Cr (Imal). Cu, Fe, Pb, Mn, Hg, Ni, Se, Ag, and Zn) 2) Total organic carbon 3) Dissolved organic carbon (water onl),) 4) Total suspended solids (water only) The sample preparation and anaJyticai methcds to be used during the course of this project will foHow -clean technique" protocols where appropriate. Aqueous samples shall be preconcenrr3!ed in efforts to achieve the lowesi practicable detection limits. CONSULTANT shall make all attempts to meet Ihe method delection limits shown in Table L , , • " • .... , ; .. , TABLE l. TOTAL NUMBER OF SAMPLES TO BE OBTAINED AT EACH STATION Station I Station 2 Effluent QA!QC Total (inc, splits) Numbo-..r of Samples PARAMETER ANALYZED (waler) (sedimen~) (water) (",dimenl) (waler) {water) (sedimenl) (wa.er) (sedlment) Arsenic 6 6 6 6 2 4 4 !8 16 Ammonia (101.1) 0 0 0 0 0 0 0 0 0 Cadmium 6 6 6 6 2 4 4 18 16 Chromium 6 6 6 6 2 4 4 18 16 Copper 6 6 6 6 2 4 4 18 16 Iron 6 6 6 6 2 4 4 18 16 lead 6 6 6 6 2 4 4 18 16 Manganese 6 6 6 6 2 4 4 18 16 Mercury 6 6 6 6 2 4 4 18 16 Nkkel 6 6 6 6 2 4 4 18 16 Selenium 6 6 6 6 2 4 4 18 16 Silver 6 6 6 6 2 4 4 18 16 7jnc 6 6 6 6 2 4 4 18 16 Total organic carOOll 6 6 6 6 2 4 4 18 16 Dissolved organ k-carbon 6 6 6 6 2 4 4 18 0 OIlorophyll a 0 0 0 0 0 0 0 0 0 Grain sire 0 6 0 6 0 0 4 0 16 Moisture (%) 0 6 0 6 0 0 4 0 16 Total volatile sonds 0 0 0 0 0 a 0 0 0 Suspended solids 6 0 6 0 2 4 0 18 0 Totals 90 96 90 96 30 6() 64 270 240 GRAND TOTAL 510 '- -' L 2 However. such low levels may not be attainable due to matrix [nterferences and other factCll'S. Analytical requirements shall be matru specific (i,e'l vtili depend on whether the matrix is water, or sediment). Di,;.solved a:1d total metal concentrations shall be determined for aquelP..lS samples. Sediment samples shall also be analyz.ed for grain stu and moisture content and chemica! ana!ysis shall te performed only on the sieved (100 micron) sediment fraction. Task SC .. Conduct Auto.-Sarnp!ing Feasibility Study This task will be conducted in two phases: Phase 1 VI~ll focus on modification and 1.2boratol)' testing of the automatic sampring device 10 reduce contamination of the samples as much as possible. Phase 2 wiU consist of coIle.ction of discrete fl!:cei\oing water samples over a 24- hr tida.1 cycle using the modified and laboratory tested automatic sampler. Pba'iC 1-MoOifig.t~QD and LahoratoN Testin~ Qfthe Automated Sampler -A commercially aV3l1able American Sigma 800 SL automatic sampler "ill be "sed. This sampler ~Jl be modified by replacing all wetted parts with non--contaminating materials and modifying sample bottles to minimize contact and exchange of air ..... ith t.~e interior of the oottles.. This shall include repJacing an sample delivery tubing with a non·contaminating type. mas,king an interior melal parts with polypropolene tape, and devising a method of partially capping !be sampJes bottles to minimize con!aCl with the alr and prevent spillage from the hotdes underi3eld conditions (waves etc.). Sample boules shail be rigorou')l) cleaned using quam distilled adds following wee established standard protocol for ultra-trace determinations. Sample contamination as a result of the use of the modi:ied sampling equipment ,han be a.s.sessed by sampling and analysis of reagent blank water (three replicates per test run). Water put through the sampler 'hall be analyted for IOtal metal. (thOse listed in task 58) and total and dissolved organic (arbon. Adsorptive loss of tra.ce metals onto welled parts of the sampTer shall be as~ess.ed through analysts of Certified Standard Reference Sea\l,':J.ter (three replicates pei lest run) that has been put through the sampler. Results from the above tv.'o tests shall be evaluated and funher modification WIll be conducted. if necessary, At a minimum, ty.'o runs of both teslS shall be made to evaluate reproducibility ofresu!lS, even if the initial tests indicate that no further modiBcations to the sampler are ne.cessary. A third run for each of the tests v..~Jl be conducted if further modifications are necessary, If results within 1he prescn"bcd QA/QC ranges for the field sampling program cannot be attained after the third tes.t run, alternatives shall be discussed v.ith CITY. These alternatives would induded funher testing (out of scope) or the deruion to eliminate (during Phase 2) analy'<s of those metals fDr "'hieh QAjQC objectives carlllOt be meet with the modified sampler. \Vithin Slx weeks of receipt of flnal analyJca! results L • • ." .. ,--, . . .. - Tabl. 2. SUD!ilI,ITl or TN:~ Meu} Dellrctioa Limits rOT l\"ater ~ecfim~l"Jt and Tlms. II W,ttr Scdlmeol Tissue {u,fI} (.", -dry weiCh,) (ugll dry weigl'H) Cadmitlm O.Ol O.OS 0.1 Chromium (tow) 0.1 O.OS 0.05 Copper 0.1 O.OS O.OS Ire: D 0.3 Lead 0.1 O.OS 0.1 MliDgancsc 0.1 Nir;:k:l 0.1 O.OS 0.05 2i.De 0.1 1.0 0.' Silver om o.os 0.05 MeTC~rJ C.C20 0.01 0.01 Arsenic C.I 0.1 O.S Selenium 0.\ 0.1 0.5 \] DCleaioJ] limiu. n: objc:ctive:s.. The.se ZIU.)' "aJ'y d(:pe:c:fiag 000 m.atrix or cbemical interferences. Sourc~: San lose/Sm12 Clara SNdy Plan • r - CONSULTANT will supply a shon !wer report, including raw data, to CITY doscribing results or the laboratory testiI1g of the 3"L;tom.atic: sampler. Phase 2 .. ReceiYini... Wate!' Saml>li02 Usinj th~ Modified Sampler .. The modified automated sampler shall be deployed, in conjunction with the wet seasC'n field mocitor..ng program, at the Station 3 (1989-1991) catwalk and programmed to collect twelvo discrete samples over one 24-hour tidal cycle, Each sample shan be analyzed for total metals determined to be feasible dOrL"g the Pbase 1 laboratory studie .. In addition, a portion of each sample will be combined to make a representaLive time~weighted composite sample for ~ja1ysis. The total Dumber or 5a."TIples to be analyzed during the Jaboralory and f'jeid porticns of this task are presented in Table 3. Data generated from the discrete and composite samp1es will be compared to regulatory citeria. The data will also be compared to the synoptic 24·boUT effluent composite sample collected as pan of the filed monitoring program and to his.~orical Station 3 metals concentrations in samples coDected during 1989·1991. Study resultS shan be included in the final repon for the fieJd monitoring program. The schedule of deliverables (raw laboratory ~ata and final ropon will be as outline in Task 5E: Raw laboralory data will be submitted within ten weeks of compietjrm of laboratory or field studi~s; A draft report including the results of this task shall be cempleted by June 1, 1992. Task 5D -Comparison of wee and RWQCP Sampling and Anal)'sis Procedures This task will be conducted in two phases. The first phase ",,,II include analysis of samples collected using R\VQCP techniques. Twenty samples (ten duplicates) ¥oll1 be conected over a ten week period. RWQCP personnel wi!! collect and 'plit the samples and deliver to the wee Pleasant Hill uboratory. CONSULT ..... "'1· will analyze these samples for copper, lead, and z.inc (total metals only) 'Using t:1tra~trace procedures currently in use for the ongoing fleld monitoring program. In addition, CONSULTA.. ...... ,. \10'111 modify the current procedure to include a sample digestion step prior to sample cbelation/extraction. In conjunction with these analyses, Certified Standard Reference \Vater Samples \lrrill be anaI)o:ed by both procedure;, Phase 2 will involve the collection of te\.i,.,'nty samples (ten duplicates) using the clean sampling teclIniques currently in use for the field monitoring program. Thls includes tbe use of specially deaned containers and the llse of gloves f()r the sampling personnel. wee '"'111 ana1yz.e these samples us.~ng the same \J\tra~uace te~hniques as des.cribed above. CONSlJLT A.NT shall revi~w the data and supply Cln' with raw data .!;heets for comparison to the RWQCP results.. within two weeks of receipt of final resuTts from the \-vee and RWOCP laboratories. No formal rrportlng for this task will be conducted. L i ~l -~ , , / • Table 3. Total Number of Samples to be Analyzed During Laboratory and Field Testing for Task 5C. LABORATORY FIELD PARAMETER ANALY7ED Reagenl SRM' n-iscrcte Compos[te Q~ TOTAL (metals -Mal only) Blank Samples Arsenic 9 9 12 I 2 33 Cadmium 9 9 12 I 2 33 Chromium 9 9 12 I 2 33 Copper 9 9 12 I 2 33 Iron 9 9 12 I 2 33 Lead 9 9 12 I 2 33 Manganese 9 9 12 I 2 33 Mercury 9 9 12 I 2 33 Nickel 9 9 11 I 2 33 Selenium 9 9 12 I 2 33 Silver 9 9 12 I 2 33 Zinc 9 9 12 I 2 33 Total cxganic carbon 9 9 l2 I 2 33 Dissolved organic carbon 9 9 12 2 33 Suspended solids 0 0 11 2 IS TOIa1, 126 126 180 IS 30 477 GRAND TOTAL 477 SRM -SrmuJord Referena MmerioJ for QAIQC PlUpOleJ 1--.- T'-Sk SE • Data Analysts, IntErpretation) and Report Preparation The results of Ibe analyse, will be compiled and evaluated to add"", potential effects of the existing RWQCP effluent discharge on water and sediment quality in the South Bay. Da:.. oI>tained during field and laboratory investigations will be reduced. tabularized. &Dd .tatistically analyzed where appropriate. In general, the water quality, and sediment data from the ,it.,ituated near the RWQCP discharge (Station 2) "ill be compared to analogous data from tlIe appropri,te background sfte. The data. \Vl1l be evaluat~d with respect to estabEsbed or recommended regu!atory critr.ria wbere applicable and will be compared to historical values reported for sinular analyses in otber local and regional studies, as appropriate. Scheduled Qc;HYcrahlc5 ~ Scheduled deli;,erables are as follows: 1) Within len weelts of the conclusion of each field sampling a letter report (2 total) will be submitted to CITY transmitLing the raw laboratory data for the pertinent sampling event. 2) A brier seasonal data report wHl be submitted to CITY within 12 weeks of Ibe final sampling event of Ille first ,easoo_ This report will provide limited statistical data summary (i.e ... means and ranges) (or each parameter, bJt w[l] not include C3;1i1 iDtc:.rpretatioD or analysis. 3) A final report will be provided to CITY following the completion of the second season or sa..~pling. It is currently envisioned that the tast sampling event wou~d take place in January 1992 and Ille draft final report would be compleled by June 1, 1992. The final report would include, as sppropriale and as data warrant. the following: comparison of water columll concentrations vs. sediment concentrations average (mean) \la1u~s for each slation • £patia1 plots for water <:oiumn consti:uents • comparison of water corumn concentrations with 5alinity. TS~ TC>C. [X)C, Fe, Mn, pH, e<c. • compari,s(ln of sediment concentrations with grain size and TOC. • results of the automatic sampler field trial Data from an additional station (SB-5) will be provided by conC"ITent South Bay di!.cbargers (SBD) studies and wHl be incorporated into the final report as needed. Every attempt will be made to coordinate bt't\Ween the other South Bay dischargers and use sinular analytical procedures, • , • _ ........... ~--~"_ it iSZ' CONSULTANT shall p,ovide 2 copies c,f each of the field sampling letter reports to CITY. The seasonal data repon will be pro,ided to CITY in final form.,t (2 copies each). The final report will be submiLled to CITY in draft (5 copies). interim final (5 copies). and final versions (SO copies). Task SE • Meetings and Coordination CONSULTA."IT shall attend 10 meetings over the course of thi, project, as directed by CfTY. Included are: (our meetings with CITY four meetings with SBO two meetings with Regional Board It is understood that this monitoring program wm require a strong degree of cooperation and coordination with the other disthargers. CONSULTANT shall endeavor to coordinate field sampling events and to use stanoa.rdiz.ed sampHng ano analytical techruq\le5 wher-ever posslble. However, alternative methodologies, at rhe approval of CITY, may be used if tlley can improve sampling efficiency. reprooucibility, and data quality. i.,; :1 EXHIBIT "8" FAYMENT SCHEDULE "; :-..... ".,~~"r~ ": _....;--;.::'~:r::.~2:~.-•. "~~"'::..(::;>::..:;~j .. t' __ . _ .. " ___ ~'''''''''~'~:~~~''''-''',~ EXHIBITB PAYME"'. SCHEDULE TASK 1.0 SAMPLING Event 1 E· ... cnt2 2.0 LABORA TORY ANALYSIS Ev~nE 1 Evc:nr2 4.0 LETIER REPORTS Submit Lener report I Submit 1..<= repon 2 Submit Seasonal report S.O AUTOMATICSAMPW':G Initiate modifJCations lO sampler Complete laboratory analysis Complete field trail Submit Draft report Submit Interim report Submit Final repon 6.0 WCC/PA LAB CQMPARlSON Complete Phase 1 Complete Phase 2 7.0 FINALREPORTS Submit Draft Fmal Report S cbrnil Interim Fmal Repon Submit Final Report PROJECT TOTAL AMOUNT $20,000 $20,000 $27,000 $27,000 $10,000 $10.000 $15.000 $5,000 $18.000 S13,000 $8,000 $3.000 $1,000 $5,500 $5,500 $4),000 $21,000 $8,500 $260,500 " . EXHIBIT "C' INSURANCE COMPANIES AFFORDING COVERAGE COrr,I.P .... IrI,. =vo wootn<JARD-I:L vt·E CDf·J'SI}L T Ar--H S 4~a:;: S. ULSTEF 5T. F'Ar;:}< W~'( SUITe:: 60(' I COWJ',A."" cEnt, ~~A."<\" DENVEP. CO S('~:7 :..E'T""'l!;'I """"~. CEm' I-JG~14'O-6114,)l CCNT;:P.C'I",;hL L::'E'. rNl:LL;Q€:' .:'5 THDSE ,:OVEREl:· :"{ G:ENEF':'i.... '-l~;:". i::"\5. A 8 C D E 11' IJF PIL[J ALTG rs AI ~1)~nUlKAl l~ ~ RE~~:::: :~E:lOSrl£ *-!a~ L.iaUL!T~. m SMPi.IJI& II SGI.rnI UiY. • RCATE KOL.DER CAHCEL1.AllOH 17,( ']F PA.L-'.J ;'l-=-O r7!'1: :<:'1$;.0 :-1A(lJMG£;:: .C. CO:t 1':'::~( ::'LQ AL TO. C~ '~oI; :',):: s -[ :$ ! --------------------------------------------------- L , • \ .,.-: I ----~~~-~----- CERTIFICATE OF INSURANCE Manih • Mclennan. Inc. P.O. 60. 3880 San FntI1OIs<:o. CA 94119 woodward-CIyde CcnsuI!ants 600 Montvomary St. 3O<h Floor San Frandseo, CA 904" t CDrII'II(~~ M~~,...~O'S ~1'$f~1I[) 1IIQ:lUC':'~'7£DCJIII.:;u,rN t:Jo/flI,Ir:TW,l 1i(f1'!II;I)[l.'7~.c;oJIS ~O~~t)l ... 1Ol; ..-,-- .... 1UT'r "" .. ,,' lI.:. 0M£l ,,1,IT05 ~ ""SSi AU QME!)..nos JWr,.'IE~~fi':'\j _""0$ _.""" IOolAI.(IE ~lAklTY UUtl".rT'I' ..-cu_ C'tIP "Tltl.If UM!IIW.J,.,I "OW 'tfOtIJ;E_ COMn.JtS4TICM '.0 r .. ~CI'l"EQ'"~ OT~11t I'I1ysQ DamaQe W __ p&.g In _ Bay. CIty 01 Palo _ - JtOt.fC'T "'U"'E~ OSFJ953384CCA OSf J953384CCA ~IS C'I'I':'lFlC"'1'"[ • ~I[O J.S ........ :-rl!1IIi 0' INFOIlIlt,!,TIO," Oi'lll'" .. ""0 CO"'lFJ'U" ,",0 ~G"''':!o uiI'QI\i T~E C!J''l'1,crc.an ~OI..C£1'l t"IS e-E"'IFIC"~£ )Q£S ",c,r .. ~£)(O. art,..O 01'1 .... '1'(. ,"1. Cl)Yl~t "'''''01'10£0 I'" t~E I'OlIC~: &ElOW AP' ~I:J"LD I:NI~ c:u 1( ~'KA" E C-C' ... " .. "",. l.!''Tfilt " Alttna Ca.sua~ & COIolP ...... '" B tEm' c:O""I" ...... .,.. C ~['" eo~p.lo,..'r' 0 .. r.'TE0II COM"'''''''' I! ~£R; ~OFiC:-FV! ~'l ,_c:: ....... , ..... S S ~?'. S S 1'1.-:: S S """-C I ~~lt\..~~ S 111191 111/'92 '11191 ll1i92 • • , e ____ ~ 1 1 j EXHIBiT "D" NONDISCRlMINA110N COMPUANCE FORM -- (OfPL!ANCE REPORT ~Qn-~iSCTi.inltion Provisions of Palo Altc Contricts rhi. re~o~t m~.C ~e compl.t.d br p~ime con~rac:or a"d lac~ Ew~co~tr~~tor. CompZet, all it.m, ~"!4~' Qt~.r~i •• L"~tr~~c~d. l;',,, ,ztra .'lIt,.t. if IIIce"It::r,r. SlJSII!'1 OR!GIIAL OF lEIS REPORT DIR.CTL1 TO: ~ircctor of Pur~~$lng S~rviees Civic: Center 250 Hamiltot1 Aven:ue h10 Alto, C"lIfor-lIh 54)01 Circlr One: c!~ime con~rac~ Complete the follovinl: l~ Full n~e znd .ddress of firm Projet:t Palo .Alto -Bay MonHoring N .... e of FirmWoodwaro'-Chlde CDnsu 1 UnU TelepbonUI>-B74-3000 Ha.e of person preplTin, fo~, or person to contact. Ca ro 1 e Kra ft Ext. , Subc.021t..~c:ter or other r~p~Tting unit coveTed - by this report. Woodward-Clyde Cor.sultants. 500 IZth St .• Suite lOa Oakland. CA 94607-4014 2. N~me ln~ ,ddres5 ~f frin~ip~l official or 1II.21la;:e:r. _ 3. Name and addless ~f principal office of co~pany. ~ ~. ~ame and addTes5 o~ par~n~ company if Ln affiliated corporation. s. Name aDd .d~ress of rri.e contractor (comple~e only if this is a subcontractor's repo.L - - Oa~Tand Business Unit Manager Michael Richards 500 IZtn St •• Suite 100 Oakland. CA 94607-4014 Woodward-Clyde Consultants 4582 So. Ulster St. Pkwy. Suite 500 ~nver. CO 80237 n/a ofa 6. Siinature and title, of author ized representative. Da t e: q, If 11 i : ').art II 1. Attach a stat~ment of your company's policy on ~qual" employment opportunity to all peT sons vithou~ regard to race. creed. eoloT, national origin, or ancestry, and descTibe ~hat steps ha~e been tzken to p~t this policy iuto effect. 'art lJ I CiT~le the proper ans .... er , ' @NO @,,,<o res(§) - Have you informed" c.ollilpany officials and representatb:es regarding the non-discrimination provisions of City of Palo Alto Contracts? Have you examined your company's pra'ctices regarding asslgn ment5, layoffs OT tTansfers of your employees from cne job to another for evidence of a practice or e~ployment p~tt~rn that might appear to be discriminatory and based upon race. religion or national origin! Are they non-discriminaroT!? Do you have educational or training ~Iogram~ sponsor~d or financed for tbe benefit of employees or prospective employees! a, 145 b, 18 Ho~ ~any people parti~ipate in these programs? Ho~ many are minorities? Does your help ~snted advertising state that you are an equal opportunity employer? Are any apprentices obtzined from sources outside the employer's worle force? If yes.-have you c.irculated inform· ation about apprenticeship openings or opportunities to the fol1 o .... ·ing! Yes .No Yes No Yes No Yes .No State Employment Offices Newspapers or ot.heT lI'Ie4ia High Schools. inc1udin& those in minority gro\~p areas. Local trade or vocational schools, includlng those ~ith minority group stu~ents. --"';",', ~';<. 0' ," I ... I I Yes 110 7. @ No 8. Pan IV 1. Yes @ l. Yes 110 (n/. ) , Ii'l IIZ*' ,Q:I1/IIIiC4.L!¢J\q:!"",",>wr"'"", Yes )10 Yes No Alen~ies and/or organilztion 5pe~ializing in minority employment. Federal or State ApPTecticAeship reprcsentat i'\ies ~ Who! OtbeT~s ____ ~ ___________________ __ If you Are & prime contractor, have all subcontractors covered by t.hese c.ompliance inspection report-s be.en instructed as to their contractual cbli,ations relating to the non discTi~in.tion provisions of City of Palo Alto CentT3cts! Explain' ________________________________________________ __ X/A --no subcontractors Have all recruit:aent ,!our~es been advised that all qualified applieants viII receive consideration for employment ""i thout rea&Td to race, color. creed or national cririn1 Identify (name. and address e.) the employment agencies, personnel recruitment oreanil.tions. newspaper advertising or other non·union sources from which the co~pany recuits its personnel. See Attacrnnent. Have you. collective bari&inin& .freement " .. ith a labor union or othe. organization? If yes. specify the Unlac(s) or,organization(s) Have you advised the labor union and/oT ~OTkeT organizat- ion of the ~ompanyts responsibility under the non~di5criminat ien provisions of City contTa~ts7 L - S'. - Recruitfnq • Semi-anniJal college recruiting for en!ry-1eve-l steff at various (olieges. • Po,tin9 of openings with St.te of CA EDO (Employment Development Dep.rt nent) (or positions for salary less ttlC!n S25K. • In-house Employment Manager who o .... e~see5 t~e recruiting function and handles use of search firms. Flnn·w1de and major advertisements are handled through this department as well as smaller advertising on a local le\lel. done with Toea1 newspapers such as the SJ. Chronicle. L \ \ • ....... J. ~, s. 5. 7 • Yes No {n/i) Yes Nc (n/a) ApproJ:iiD:;at.ely vhat :percenta6e of your emploiceS CC\'(:TrJ by unipn .areement$ :are r-ef'trr~d by or ~.ircJ thro'-I~ll llll' unions! Explain ,ro~edur~ fQr hirini balance. ------------~-- Does th~ company's c~llec[i\'e bargair:ir.g 2greeEr.:rt or !)th.er contt'att OT understa1"lcing lo'ith a labor uoicn rC""T unions) OT other ~o11eT's organization i~clude 3 prc\jsi\"n for non·discrimination in empl¢)~ent? Is there any labor union 0'1 \toTker's or".ni:<1tlcn polic)" which preve-nt.s you Ct"!HI fulfilling your oblij:a:tior.s L:nJer th. nou·discTiainaticn provisions of (jty cortr~cts~ If 50, .pe~ify. _________________________________________ _ Spct<:ify the trade(s) or cr.ft(s) inYoh'td in thi5 contrJct. Use this space fOT c:omr"ent on any a~~ .... 'eT~ y:"11l h.ne "'llrr1lCd. : i i j V :--, , Sheet 5 of S" O.TE' __________________ ~ lAtl"L MK.EUP OF llP(lRTING UN1T frrI_mf of Fins Woodward-(l yde Consultants P-rc j~'ct ~al'llc Pa1c .", to -Ba ... .Monitori!'1g S~bmittc~ by ______________ . __________ __ Contra~t I ________ -c ___ (Inci~.te o~lJ for ~~n~hly repof"t. No. J) Tht'"C..: lyreS d hrc:aIo:.t1c ... "fl ". r~q ... it"~i:! • Tn ill f=rlll 11 \lIed for 011 c}.ree. (Check) (xl ·1-Permanent makeup of cnmp.ny. ( ) -2-tst:lm.a::ed lILI'ke:UP for t1111 project. ( l -J-~tnnth!,. trpot't [or 191 --. Subtlt once pH m!lllch for 4!uru i(")n of 1-Perrr..ltlcnt. 2-fniNte for-project ~ 3-Monthly only. 'Ee ~ut'c t~ inc:1l1de ill employee.s i.., first column* not just minorities. Nos:. 1 ilfld 2 be-low ar~ required to be f111ed in and submitted ~~tb·Compliance Report. Tot.al .a! 1 ub.:c NDerJcan St'at:;I..;;~' JO' CAn:C~'JES emploYees r~mah: naCK AmerieaD; l::1od1.1::1 Sl.lrnar.;f:'~ 1 I 2 3 1 2 3 I 2 3 1 2 1 1 2 1 1 2 I Manost!tJIt!nt 5 I 1 n 0 0 0 I Professionals 124 31 I 12 0 4 i I C1 e r 1.: aI-Of fie. II! 10 9 1 I 0 • 1 I I Field 5uccrvts~r 0 0 0 0 0 I 0 j I Skill~d .. list 10 j I o. rpc,,;c;,n< 6 , 3 0 I b. I i . c. I : i , , d. I i t1nskLl1ec1 .. list I o. b; I , , . i j , , . . I TOTH or ABOVE 45 42 , 16 0 5 i i T, d • • to b. ow should Ilso be 1 d inc u ec:! ill the. aotl'r'oortat.e. catl!.ories abQve • On J",b Tuif'li'l'l! I .. \Jh£te Collar 0 0 n n 0 0 b. Prnductio'Q 0 0 n 0 n n Thu. report I:I'I\Jst be eOblplued by c:ontuc:tot' n.d each subcoQtr"l:to.~ The t~t"m '·Spanis.h 5\lrn.amed" includes dl pet'sons of MeXican, Puerto Rican, Cub.o. Latin Am£Tica~ ~r Spanisb Drigin. Report ~nly empl~y~e, enrol!eri in format on-the-job tr.1nt~g prngrams. - j ) ! , : t , I , I , .' . - , , .. ·1.' ....J .. j. ... • Affirmative Action Program:, Firmwide January 1990 Woodward-Clyde Consultants ~ ...••.. ,·,....l· .' e .. s \ - rIAlf>fIDE 2.0 POlICY rt 1s the l'Oifcy of IIoo<Iward-Clydl Consultants to ensu" equal employ ment opportunlt:t to III qualified persons regardless Of riel, color, religion, IlICestry, natlDll41 .,.Igln, 1111, sex, lentli or physical handicap, .,teran ~atus, or .. rltal status. In 11II'1_ntlng the Afflnoathe Action Progrlll WI!! recognize that the above 1'01Icy IIIst be lUg-.nted by I continuing active ~III and CtlIIIIIltlllent to Change that will Il11'rove existing eaployant omdltlons and practices to bring .ll1O'1'ltlu, females, pn>tected veterans and the handicapped Into the fl .. In .. re apPl"Ol'l"latc llUllbers. We will take Iffll"lll4t1ve action to ensure thlt applicants are ~loyed and that employees 11"1 treated during emplo)'llent without reglrd to their race, col.,., religion, anees tl"Y , national ol"lgln, IlIe, sex, _ntll or physIcal handicap, veteran status, or .arltal status. Such action shall Include but not be 11.lted to I"ICI"IIHment, emplo)'llent, salary, upgrading, selection f.1" training, transfer, demotion, promo tion, layoff, and te ... lnatlon. For III ~loyment WI! will endeayor to recruit f1'Olll existing -'nor1tles and fllll&lu .slng all 1'0$$1101. Ie lin. to acIIIIY. our galls. Recognizing that cur long-range goals cannot be caopletely satisfied free IVI1141>le alnorltles and 'elUles, we will support traln.lng and educational p~1IIIS to develop capable ~lnCTltles and females ,.,. our pl"Ofesslonal I'Osltlon •• Woodward-Clyde Consultants will apply this Affll"llltive Action Progrlllll with equal vIgor to relltlonshlps where we suboontl"aet to other finns, wllere others su!>contract to .5, and where we are direct consultants to I client. 2-1 .L j \ lIRMWIOE lie ~nlze QI/l" responsibility to terve the a-vn,ty. IICth the total huI!&n cxa&lnlty and the spec1flc COIIIIlnftfes or c'tles In wIIfch -..e f\lllCtlon. lie ~1feve that by thfs Afff,....tfve Action I'rog>'I111 we can dfsch&rtl our responsIbility to the CI:8Illnlty by fl/rthet' vtl1!ntlon &nil developeent of tNsan "sou!'ers and can ooeet IlUr obll!1ltlollS to OUT fiN by Il!proved perl'onwo:e. .' 2-2 , .