HomeMy WebLinkAbout0143.094•
February 10, 1994
THE HONORABLE CITY COUNCIL
Palo ~to~ California
,"
l.a,ndfill LeacC:.ate Extractign system E,,+aluation
Agreement
Members of the Council:
Report in Bri@f
12
COQEultant
This report reco~~nds that Council approve an agreement, in the
amount of $58.861. to Einarscn Geosciences, Inc.. to perfo:l-m an
evaluation of the Leacr...a.te Extraction System {LES) at the Palo Alto
Landfill. Funds are available ~n the FY 1993-94 Refuse Fund
Operating Budget. The Belect~on of Einaraon Geosciences, Inc. was
approved by the Policy and Services Committee on January J.1~ 1994
(CMR,lOS,94)
bclsgrounq
Under State regulations.. leachate (the fluid generated by the
infiltration of ~ater into a landfill and natural refuse
decomposition processes) mus~ be manag~d to prevent excessive
bU~ldup and accumulation and potential result~~t contamination of
groundwater or the Bay.
In 1988. the Regional Water Quality Control Board (RWQCB) issued
updated waste discharge requirements for the Palo ~to Landfill,
which included provisions that leachate conditions at:. the Palo Alto
Landfill be evaluat~d and a LES be constructed to manage leacha~e
at the facility_ An investigation was conducted between ~9B8 and
1990, which included the design and construction of a LEoS at the
landfill. ~1neD the system ~dS completed. a preliminary evaluation
was inconclusive as to the cverall effects the LES was having on
leachate conditions at the landfill. The City is required to submit
a report to the RWQCB which evaluates current leachate conditions
at the facility. the impacts that the LES is having on tr .. ose
conditions; and the ability of the LES to provide for effective
leachate management.
The project is divided into three primary tasks:
1. Evaluation of current leachate conditions
2. Evaluation of LES operation
3. Development of alternative leachate management strategies
The third task recognizes the fact that the operation of the LBS
alone may not satisfy RWQCB requirements, as thf!! abil ity of the
,1,
"
--.
system to withdIaw leachate is restri=ted by a number of
limitations that exist in landfills. This task will develop
alternative strategies, if ~eeded. as part of an overall leachate
management program for the Palo Alto landfill.
Discussion
Staff issued t:h~ RFP for this project on o.::tober 15, 1.99.3. to
eleven consulting firms; and five responded by the closing date of
November 16. 1993.
The Selection Advisory Committee consisted of staff from the Public
Works Operations Division. After careful revie",' of the proposals,
three firms (Einarson Geosciences, 3E Engineering, and PRA Group
Cons 1.l1ting Engineers) were invited t.o vral preeer,
tationEi/interviews. The committee reviewed the firms' aualifi
cations, with particular emphasis on relevant experience and their
technical approach to the project and recommends Einarson
Geosciences, Inc.
Environmental Asse§fme~
The project is exempt from the California Environmental Quality Act
{CEQA) under Section 153D5 of the CBQA Guidelines.
RecQmmgudatjQna
Staff recommends that Council:
1. Approve and authoriz;:! the Mayor to execute the attached
agreement with Einarson Geoe..:iences, Inc. in the amount of
$58 .. 86:1 for the Landfill Leachate Extraction System Eva.luatior.
Project; and
2. Authorize the City Manager or her designee to negotiate and
execute amendments for services related to or incidental to
the scope of services, the total value of which shall not
exceed $8,800.
Respectfully submitted ..
CHAD CEN'l'OLA
Manager -~~vircnmental Control
Programs
IJ-l~
GLENN S. ROBERTS
Director of Public Works
Attachments: A
B
Agreement
CMlh10S,94
-2-
·~.j':./~L
MICHAEL H. MILLER
Deputy Director-of Public Works
Operatio:ls
Assistant City Manager
PlI.OFBSSIOJIAL
BEIWAlii:lt TO
A G R E E HEN T
I'OlI.
ZNGD1EElI.IIIG CONSt1LTANT SBRVrCES
CITY OF PALO ALTO AND EINARSON
GEOSe IRNCE r INC ~
THIS AlJ.RBBMENT is trade and enter-ad into this ___ day of
1994. by ann between the CITY OF PALO ALTO, a
municipal corporation of california, hereinafter referred to as
'CITY,' and BrNARSON GBOSCIENCE, INC. (Taxpayer Identification No.
7'1·02711351), a california corporation, with offices at ssa San
Leandro Avenues Suite 900~ Mountain View, CA 94043. hereinafter
referred to as ".90NSULTANT";
WIT N E SSE T H:
WBERBAS, CITY desires certain professional consultant
services h~reinafter described; and
WHBitEAS, CIT'! desires to engage CONSULTANT to provl.oe
tbese services by reason ·of its qualifications and experience for
performing such services,. and CONSULTANT has offered to provide the
required services on the terms and in the maDDer set forth herein;
NON, THBR.l3:FORE. in consideration .of their mutual
covenao~s: tbe parties hereto agree as follows!
S ICTION' 1 -DEFINITIONS
1.1 l:ln:
The term. ·City!: shall mean the City of Palo Alto,
california~
1.:2 CITY tANAGER
The te~ 'City Manager~ shall mean the duly appointed
City Manager of the City Of Palo ~to, california, or his or her
designated representative.
1 . 3 CITY CLRRJ(
Tbe term ·City Clerk-shall mean the duly appointed City
Clerk o.f thE City of palo Alto, California, or his or her
designated representative.
1
o
1.4 RISK MANAGER
The term -RisK ~~nagerft shall mean the duly appointed
Risk Manager ~f the City of Palo ~tO, California, or his or her
de!:tignated representative.
1.5 ~
The term ·Project" shall mean all of the tasks described
in Exhibit -A· entitled ·Scope of Project. and Time Sched.ule.·
attached hereto and made a part hereof by this reference.
~..QrL2 -PROJECT COORDINATION
2.1 .cux
1~e City Manager shall be representative of CITY for all
purposes under this Agreement. cr~d Centola is designated as the
Project Manager for the City Manager~ and he shall supervise the
progress and execution of this Agreement, and shall be assisted by
Seac Kennedy~ the Project Engineer.
2 .2 CONSlJLTAN'r
CONSULTAN'T shall assign a single Project Director to have
overall responsibilit)" for the progress and execution of this
Agreement fer CONSULTkvr~ Murray Binarsor.. hereby is designated as
the Project Direct.or for CONSULTANT ~ william Fowler shall be
assigned as Project Coordinator for CONSULTANT and shall represent
CONSOLTJW'I' during the day-to-day work on the Project~ Should
circumstance!: or conditions subsequent to the execution of this
Agreement r~Jire a substitute Project Director or Project
Coordinator for any reaeon the Project Director or project
Coordinator deSignee shall be subject to the prior written approval
of the Project Manager.
SBCTION ;1 -$COPB OF PR.QJBCT
The scope of the Project to be executed by CONSULTANT
under the phases of the Basic Services described in Section 4.1 of
this Agreement, and the time schedule for the Project, are
described in Exhibit A~
SECTION 4 -PUTIBS OF CONSULTANT
4.1 BASIC SBRVICES
Unless otherwise indicated, CONSULTM"'T shall perform each
task and accompliah each objective deacr"ibed in Exhibit A.
2
.. ;
,".'
CONSUloTAlflH s. Basic Services shall be furnished as described in
Exhibit A, Section 1.
4.2 ADDITIONAL SERVICES
CONSULTANT shall perform or obtain any and all of the
following additional servic€s~ not included ~nder the Basic
Services l if so authorized in writing by CI~i, and shall ~ paid"as
prcvidea in Section 6 of this AgreemeDt~
4.2.1 providing services as an expert witness in
connection with any public hearing. arbitration proceeding. or
proceeding of a court of record.
4.2.2 Incllrrillg travel a!ld subsistence exp~:n.ses
for CONSULTANT &.d its staff beyood those normally required under
the Basic Service9~
4..2.3 Performing any other services that may be
agreed upon by the parties s'.Jbsequent to the execution of this
Agreemem: .
4.2.4 Such other addi·tional serv-ices as Bet
forth in Exhibit A~ Section II.
4 • 3 GENERAL DUTlBS OF CONSULTANT
".3.1 CONSULTANT represents that it has the
~~rtise and professional qualifications to furnish the services
described under this Agreement. CONSULTANT further declares that
one or more members or employees of its firm and that. of its
subconsultants~ it any, are licensed by the State of California to
perform their services and that these services will be performed by
them. or under their supervision> CONSULTANT shall furnish to C::LTY --
for approval, prior to exe~~tion of this Agreement~ a list of all
fir.ms or corporations to be employed as subconsultant6.
4..3..2 CONSU'"uTANT states that it is aware of the
requirements of the federal America.ns with DiSabilities Act of
1990, and the Government Code a.:Jd the Heal tb and Safety Code of the
State of california, relating to access to public buildi~gs and
B.ccCCtGOdations for disabled peraon.s l and rela.ting to facilities for
disabled persons. CONSULTANT shall comply with such provisions in
carrying out the terms of this Agreement.
4. J.3 CONSULTANT shall fu.rnish CITY "With every
reasonable opportunity for CITY to ascertain that the services of
CONSULT~' are being performed in accordance with the requireIJlents
and intentions cf this Agreement.
3
.,'
•
," ."
o
li.LCTION 5 -_ QUIrES OF CITY
5.1 crTY eh~11 p~0vide full i~formation regarding its
requiremeots for tbe Project.
5 . .2 CITY shall examine docu,-nent S subroi t t ed by CONSt."LTA..~
and shall render decisio~s pertaining thereto promptly, to avoid
unreasonable delay in the progress of CONSULTANT's work.
5.3 CITY shall furnish all such information as aZ'e in
CIT'i'1iJ files or are at its disposal, as listed in Exhibit A,
Section III~
5.4 The services, information, surveys and reports
required by paragrapbs 5.1 and 5.3 shall be furnished at CITY's
expense, and CONS'U"LTANT shal.l be .antitled to rely upon the accuracy
thereof.
5.5 If CITY observes or otherwise becomes aware of any
fault or defect in the Project. CITY shall give prompt "''Titten
notice thereof to CONSL~TANT.
5.6 CITY shall furnish available information required by
CONSULTANT as expeditiously as possible.
SRCTIQN 6 -PAYMENT
Payment shall be made by CI7Y only for services rendered
and within thirty (30) days of submission in triplicate of monthly
progress payment requests~ Each invoice shall be itemized as to
the type of pa~~t described io this section~
6.1 QQN$L~T~~'$ FEES
In consideration for the full performance of the Baeic
Services and reimbursable expenses described in Section 4.1 of this
A.greement, CITY agrees to pay CONSULTANT a fee not to exceed Thirty
Eight Tnousand Eight Hundred Sixty One Dollars ($38.651),
The amount of CONSULTP..NT 1 Ei compensation ehall be
calculated as set forth in Exhibit 'B·, entitled 'Fee Schedule,'
attached hereto and made a part hereof by this reference, on a time
and materials basis, up to the rnax~ amount set forth in this
paragraph 6. 1 .
6.1.1 ~QDsultants. Fees for subconsultants~
hired directly by CONSULTANT, shall be approved by CITY in advance
of in~~rring such fees.
:. ...
.-~~---. .. <. ,.
-'~ -'-
t 'c..,<"~
6.1. 2 ~ditiQna.l services. For CONSUL·TAl'."T' s
additional services~ as described in Section 4 of this Agreement,
compensation shall he as prescribed in Ex..hibit B but shall not
exceed Twenty Thousand Dollars ($20,OOO}.
6.1.3 For Extra Work or Changes 4 Payment for
extra work or chan~es in the work not initia~ed by CONSULT~~ and
authorized in writing by the Project Manager ghall be made within
thirty (30) days of submission by CONSULTANT of a sta.tement in
triplicate of itemized costs covering such work. Prior to
commencing such extra ~ork or changes, CONSULT~~r and CITY shall
agree upon an estimated not-too, exceed cost for such extra work. In
DO event shall CONSULT~~ be paid for design york or change order
preparation which is necessary because of CONSULTANT's errors or
oversights.
6.1.4 cal cuJ ation of Direct P~rscnne l._~~IU!§..
Direct personnel expense of employees engaged on the Project by
CONSULTANT shall includ~ only the work of architecte. engineers.
designers, job capta1ns~ draftapersons, specification writers and
typists, in consultation, research and design, in producing
drawings, specifications, reports and other documents pertaining to
the Project. Included in the cost of direct personnel expense of
these employees are salaries and mandatory and customary benefits
such as statutory employee benefits, insurance. sick leave,
holidays and vacations, pensions and similar bene~its.
6.2~
6.2.1 'or BaRic Services _ Payment.s for t.he
Basic Services shall be made in progress pa"yments in proportion to
services perto~ in accordance with Exhibit S.
Final payment shall he made by CITY af ter CONSULTJINT has
submitted all required products and reports and received approval
thereon (rom CITY.
6.2.2 For add';tional $prvic:es. Pay!rlente fer
additional services of CONSULTANT as defined in Section'" shall be
u:ade as part of the monthly progress payments for services
rend~red.
6.2.3 Reductions. No deductions shall be made
from CONSULTANT's compensation on account of penalty, liquidated
damages, or other sums withheld from payments to contractors.
S.2.4 Payment lJoon Suspension or Abandonment of
Project. If the Proj ec:t is suspended for more than three (3)
months or abandoned in whcle or in part, CONSULTA..~ shall be paid
its ca:opensat.icn for services performed prior to receipt of written
5
..
o
notice from CITY of such su~pension or abandonment, together with
addicional and re~n~rsable expenses then due. If the Project is
resumed after being suspended for more than one hundred eighty
(lSO) days, any change in CONSULTANT's compensation shall be
subject to renegotiation and. if necessaI.')", approval by th-e Palo
Alto City Cou-"lcil {the ·City Cou."'lcill). If this Agreement is
suspended or termdnated for fault of CONSULT~~, CITY shall be
obligated to compensate CONSULTA~~ only for that portion 'of
c..'ONSULTAI'IT's ser/ices which are of benefit to CITY, as such
determination may be made by the City ~nager in the reasoLable
axercise of his or her discretion.
S ECTION_ 7 -PRQGREM...JIND COMPLETION
?1 TERM OF AGREEMENT-TIME IS OF THE RSSBNCS
The term of this Agreement shall commence upon its
execution by t.he Mayor of CITY. Following receipt of a Nctice to
Proceed, CONSULTJL~ shall commence work on initial tasks of study
in accordance with 'the time schedule set forth in Exhibit A,
Section rv. Work on subsequent tasKS shall proceed in accordance
wit.h the time schedule. The parties hereto agree that tiIr,e is of
the essence of this Agreemeut4 This Agreement shall terminate one
hundred eighty (180) days following its cammenc~nt.
7 • ~ TIMR OF COMPLETION OF EACH PHASE
CONSULTANT agrees to perform the services irlthin the ti.one
1imits Bet forth in Exhibit A provided, however, that any change in
the scope of services or other changes due to CITY's operating
requireme~ts, or in connection with other contractors' or
consultants' operations, may require a revised time table.
crTY agrees to exercise due diligence in performing its
tasks to implement CONSULT~""T' 8 time table provided under Exhibit
A.
7 • 3 CITY'S REVIEW AND APPROVAL
Betll1ee.n each phase of work there shall exist a review and
approval period by CITY ~ CITY shall exercise due diligence to
complete these tas,~; however~ it is recognized that the
interrelated exchange of inicnration among CITY's various
deparOmenta makes it impossible to set a specific time schedule.
Normally, CITY's estimated period of review and approval will be
furnished to CONSULTANT at the time of submission of each phase of
the work.
6
"
, ,
7.4. EXTENSIQN~ OF TII1E OF COMPLETION
In the event the services called for under this Agreement
are Dot cC7.I\Pleted by CONSULTA..'IlT within the time specified, CITY
shall have the option to extend the time of completion. This
paragraph does not preclude the recovery of damages for delay of
either party.
SECTION S -CHANGES IN WORK
CITY may order major changes in scope or character of
w~rk~ either decreasing or increasing the amount of C~NSULTANT's
services. In the event that such changes are ordered, CONSULTANT
shall be entitled to full compensation for all work performed prior
to z:'eceipt of notice of change. Increased compensation for major
changes shall be determined in accordance with Section 6 of the
Agreement, but-in nO' event shall CI'lY be liable for payment unless
the amount of such extra compensation shall first have been agre2d
to in writing by CrTY.
In the event that major c~ges are ordered pursuant to
this section, the schedule for progress and completion under
Section 7 of this Agreement, and compensation under Section 6 of
this Agreement, shall be adjusted by negotiation between CONSULTANT
and CrTY, subject to appr~~l if necessary by the City Council.
S-ECTION 9 -TEJ?Ml MTION OR SUS PENS ION OF AGREEMENT
9," 1 CMCET:I:l\TION BY CONSULTANT
CONSULTANT may terminate this Agreement or suspend work
OIl the Proj eet by providing thirty (:~O) days'-written notice
thereof to CITY, but only in the event of substa."'ltial failure of
performance by CrTY or in the event CITY ahaI' . ..Ions or indefinitely
postpones the Project.
9 • :2 CA...VClUJ'~TIQN BY C lIT
Without limitation to such rights or remedies as CITY
shall oth~rwiee have by law, CIT'{ may terminate this Agreement or
suspend work on tt.e Project with or without cause, by providing
fifteen (1?) days' written not.ice thereof t.o CONSULTAlrT, or
immediately after submission to CITY by COUSULTANT of any completed
item of service specified in Section 4 of this Agreement.
CONSULTANT agrees to cease all work under this Agreement upon
receipt of said written notice.
7
L.:
o
9.3 COMPENSAtION OF CONSVLTAN'l' ItL _TIi.E ____ PV~llT... ___ Qf
TER."lTNATION OF THIS AGRBJ>MEN'l'
In the eve~t of termi~ation of this hgreement or
suspension of work on the Project by either CITY or CONSULTANT as
provided herein~ CONSULTANT shall receive compensation as follows:
9.3.1 For approved items of se:x:vice under
S~ction 4 of this AgreementJ compensation shall be in the amount
outlined under Section 6 of this Agreement for the items of service
fully performed by CONSULTANT.
9.342 Fer items of service OD which a Notice to
Proceed has been issued by CITY~ but which have not been fully
completed and approvea, CONSULTANT shall be compensated for the
service in an amoant ~hich bears the same ratio to the total fee
otherwise payable for the perfo~ce of the service as the service
actually rendered bears to the total service necessary for the full
performance of the item of service~
9.3.3 In no event shall the total compensation
paid in the immediately preceding paragraphs exceed the payreent
specified in Section 6 for the respective items of service to be
furnished by CONSULTANT.
9.3.4 Notwithstanding anything in the preceding
paragraphs,. upon termination for fault of CONSULTANT, CITY shall be
obligated to pay for only that portion of the service which can be
incorporated in the Project.
9 .4 DOTl ES OF CITY AND CONSULTANT
Upon termination. of this Agreement or sust=-ension of work
on the Project by either CITY or CONSULTANT as provided herein, all
duties of CITY and CONSULTANT, as set forth in Sections 4 and 5
bereina.!:>cve, snaIl terminate.
SECTION ,Q -CONSULTA??"!" S ACCOUNTING ~~
Records of the following expenses pertaining to the
Project s~l be kept by CCNSULTANT in accordance with generally
recognized accounting prinCiples and sha11 be ~ade available to
CITY a~ mutually convenient times during the term of this Agreement
and for three (3) yea~s following the termination of this
Agreement:
ia) Direct personnel expenses~ including consultant
expenses. (See Section 6 of this Agreement.)
8
(b) Expenses pertaining to Additional Servicea. {See
Section 6 of this Agrealnent.)
SBCTION 11 -OWNERSHIP OF ~
11.1 QWNERSHTP Ol<' ORIGINAl, DOL.~~
Subject to the provisions of Paragraph 11.2 below, the
original drawings, maps, plans, designs. records of survey, work
data, specifications, reports ~~d any other documents prepared by
CONSur~TAh~ in the performance of this Agreement, al~hough instru
mente of professional service, are and shall be the property of
CITY' whet-her the .Project for which they .".r-e made is executed or
not.
11.2 TRANSFER TO CITX
Upon termdnation under Section 9 of this Agreem~nt and
upon CITY's payment of the amount req-oJired to be paid under same
section, the originals and all drawings. cal c1.llations,
specifications, reports and any simila.r documents shall become the
property of CITY ~ and CONSULTANT ~ball transfer them to CITY, upon
re~est., without additional compensation. ClTY shall have the
right to utilize any completed or uncompleted drawings, est~tes.
specifications, and any other documents prepared hereunder by
CONSULTANT •
SECTION 1.2 INTRjlEST 01 CONSID.TNfI'i CONSffi,'T'ANT
lHPBPBNJJENT OF CITY
1:n accepting this Agreement., CONSULTA..ln' covenants that it
present1y bas no interest, and shall not acquixe any interest,
direct or indirect., financial or otherwise, which would conflict in
any manner or degree vith the performance of the services here
under~ CONSULTANT further cove~~nts that, in the performance ~f
this Agreement., DO,subc~ntractor 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 ot CITY.
It is expreeBly agreed that in the performance of the
professional services required under this AgreeIl'l.ent CONSULTANT, and
ac.y of its subc.)nsultants or employees, shall at all tim~d be
considered independent contractors and not agents or employees of
CITY.
SECTION 13 -OlITS IDE CONSULTANTS
CONSULTANT shall be responsible for employing all outside
consultants (subconsultants) necessary t~ aid CCNSULTANT in the
"/
perfor.rr~~ce of the services listed in Section 4 of this Agreement;
provided, hO\liever~ that: all such subconsultar.ts shall receive prior
approval of CITY in writing and shall remain acceptable to CITY
during the term of this Agreement.
SECTION 14 INPEt=mITY
CONSD~TANT agrees to protect, inderr~ify. defend an~ hold
harmless CITY. its Council members, officers, agents and employees
from any and all demands. claims, or liability of any nature,
including death or injury to any person, property da..rPage or any
other loss, caused by or arising out of CONSULT~'lT' s, its
officers'. agents~~ subcontractors' or employees' negligent acts.
errors, or omissions, or willful misconduct, or conduct for which
the law may impose strict liability on CO~SULTANT in t.he
performance of or failure to perform its obligations under this
Agreement.
SaCTIQN is -INSUR~CE
15 . 1 Il!SlJRAIICB COVERAGE
CONSULTANT, at its sole cost and expense. shall obtain
and maintain. in full force and effect throughout the entire ter.m
of this Agreement, the insurance coverage described in Exhibit "C·
to this Agreement, attached hereto and made a part hereof by this
reference, insuring not only CONSu~TANT and ita subcontractors, if
any, but also, with the exception of workers' compe.ilsation.
employer's liability and professional liability insurance, naming
as additional insureds CITY, its Council members, officers, agents
and employees, and each of tbem~ concerning this Agreement and the
PrDject~
All insurance coverage required hereunder shall be
provided through carriers with a Best rating of A:X or higher that
are admitted to do businsss in the State of California. Any and
all subcontractors of CONSULTANT under this Agreement shall obtain
and raintain, in full force and effect throughout the ter.m of this
Agreement, ideIJ'=.ical insurance coverage, with CITY named as
additional i.:lsul'ed undel." such policies as required above.
15.2 EVIDENCE OF INS~CE
Certificates of such insurance, preferably on the forms
provided by CITY, shall be filed with CITY concurrently with the
execution of this Agreement~ The certificates sr~11 be subject to
the approval of the Risk Manager and shall contain an endorsement
stating that the insurance is prim3.ry 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
10
•
cancellation or alteration, and that the Cit}~ of Palo Alto is named
as an additional insured -except in policies of workers'
..::ompensatioD, employer's liability, and professional liability
insurance. CUrrent certificates of such insurance shall be kept on
file at. all tiftl.es during the term of t.his Agreement with the City
Clerk.
15.3 NQ LIMIT OF L~ILITY
The procuring of such required pol icy or policies of
insurarce shall not be construed to limit CONSULTANT's liability
hereunder nor to fulfill the indemnification provision and
requirements of this Agreement. under Section .14. hereof.
Notwithstanding said policy or policies of insurance, CO~~~CTCR
shall be obligated for the full and total amount of any damage,
injury, or loss caused by the ser-.rices performed \mder this
Agreement, including after the Agreement has terminated or expired.
SECTIDN 16 • WORKERS' COMPENSATIQH
CONSULTANT, by executing this Agreements certifies that
it is aware of the provisions of the Labor Code of the State of
california which require every empl-oyer to be insured against
liability for workers' compensation or to undertake self· insurance
in accordance with tl'.e prov:isions of that Codes and certifies that
it will comply wi~ such provisions before commencing the
perfor.mance cf the work under this Agreement.
SECTION 17 • AQDITS
CONSULTA..'"n' agrees to permit CITY to audit s at any
reasonable time d.uring the term of this Agreement and for three (3)
years thereafter~ CONSur~TANT'e records pertaining to matters
covered by this Agreen".ent. CONSULTAlfI' further agrees to mainta.,in
such records for at least three (3) years after the teDnination of
this Agreement.
SBCTION 18 -AGREEMENT BtNPING
The terms s covenants, and conditions of this Agreement
shall apply to, and shall binds the hei~s, successors, executors,
administrators, assigns, and subcontractors. as the case may be, of
both parties.
SECTION 19 ~ NONASSIGNABLLITY
19.1 PUSOH!'*, SER'fICES OF CONSULTANT
Both parties hereto recognize that this Agreement is for
the pe.rsonal services of CONSULTAN'T and cannot be transferred,
assigned or subcontracted by CONSULTANT without the pIior written
cons~~t of CITY.
19.2 SERVICES OF SUBCQNSULTP~ AND rriEIR EMFLOYE~£
CONSULTANT shall be responsible for empl()ying or enga3ing
all persons necessary to perform the services of CONSULTANT
hereunder. No subconsl,lltant of CONSrrLTA.I\~ will be recognized' by
CITY as sucb; rather, al'. subconsultants are deemed to be employees
of ~NSULT.AlIT ~ and it agrees to be responsible f or their
performance. CONSuwTAN!' shall give ita personal attention to the
fulfill~nt of the provisions of this Agreement by all of its
employees and sub-consultants. if any. and shall keep the 'Work
undel.· its control. If any ernployee or subconsultant of CONSULTANT
fails or r"efuses to carry out the provisions of this Agreement or
appears to be incompetent or to act in a disorderly or ~~roper
ma~~er, he or she shall be discharged immediately from the work
under this Agreement on d~~nd of CITY.
SECTION 2 Q -RELIANCE upoN PROFK~;[Q!iAL S!lcu,k..QE
CONSmtrM"'T
It is mutually understood and agreed by and between the
parties heret.o that CONSULTANT is skilled in the professional
calling necessary to perform the work agreed to be done hereunder
and that CITY rel.i.es upon the skill of CONSULTANT to d() and perform
the work in the most skillful manner~ and CONSULTANT asrees to thus
p.:!rform the work. The acceptance of CONSULTA...'IT r s work by CITY does
not operate as a release of CONSULTANT from the obligation.
saCTION 2] -WAIVERS
The waiver by either party of any breach or violation of
any term, covenant, or condition of this Agreement or of arq
provisions of any ordinance or law shall not be deemed to be a
waiver of any ~uch term, covenant~ condition, ordinance~ or law or
of any subsequent breach or violation of the same or of any other
term. covenant,. condition~ ordinance or law. The subsequent
acceptance by either party of any fee or other money which may
become due hereunder shall Iiot be deemed to be a waiver of any
preceding breach or violation by the other party of any term,
covenant, or condition of this Agreement or of any applicable law
or ordinance.
SECTlON 22 -NO IMPLIED WAIVER
No payment, partial payment, acceptance~ or partial
acceptance by CITY shall operate as a waiver on the part of CITY of
any of its rights under this A9re~nent.
12
SECTION 23 -COSTS AND ATI'QRNEYS'-E~
The prevailing party in any action brought to enforce the
terms of thi9 Agreement or arising out of this Agreement may
recover its reasonable costs and attorneys' fees expended in
connectioD with such an action f~om the other party.
SRCTTON 24 -NQNDISCBIMlNATIQN; PENALTY
No discrimination shall Le made in the employment of
persons under this Asrreement because of the age. ::-ace, color,
national origin~ ancestry, religion, disability, sexual preference
or sex of such person. If the value of this Agreement i9, or may
be, Five Thousand Dollars {$5,OOO} or more, CONSrrtT~~ agrees to
meet all requirements of the Palo Alto MUnicipal Code pertaining to
nondiscrimination. in emplo}'I"lent, including completing the
'Compliance Report--Nondiscrimdnation provisions of City of Palo
~to Contracts· OD the form furnished by CITY, attach~d hereto as
Exhibit -D-and made a part hereof by this reference.
CONSULTANT agrees that ·each agreement for services from
independent providers shall contain a provision substantially as
follows ;
lIprovider shall provide CONSULTANT with a
certificate stating that he (or she) is
currently L~ compliance with all Pederal and
State of California laws covering
nondiscrimination in employment; that he (cr
she) will pursue an affirmative course of
action as required by the A£firmative Action
Guidelines of the City of Palo ~to; and that
he (or she) will not discriminate in t.he
employment of any person under this contract
he cause of the age # race, color. na t.ional
origin, ancestry, religion, disability, 6~~l
preference or sex of such person.-
24.2 PENAL'IT FOR DISCRIMINATION
If CONSL~TANT is found in violation of the
nondiscrimination provisions of the State of California Fair
Employment Practices Act or similar provisions of federal la''''' or
executive order in the perfonnance of this Agr~ement, it shall
thereby be found in material breach of this Agreement., 'I't'lereupon~
CITY shal~ have the power to cancel or suspend. this Ag:reernent~ in
whole or in pa.rt., or to deduct from the amount payable to
CONSULTANT the sum of Twenty-Five Dollars ($25) for each person for
13
.. -.
each calendar day duririg which such person was dis':::riminated
against, as damages for said breach of contract, or bvth. Only a
fitlding of t.he State of Califo:rnia Fair Employment Practices
COO'ltlission or the equiva.lent federal agency or officer shall
const.itute evidence of a violation of contract under this section.
If CONSULT~~ is found in violation of the
Londiscrimdnation provisions of this Agreement or the applicable
aftirmative action guidelines pertaining to this Agreement,
CONSULTANT shall be found in material breach of this Agreement.
Thereupon, CITY shall r..ave the powe:::-to cancel or suspend this
Agreement, in whole or in part, ot" to deduct from the amount
payable to CONSULTANT the sum of Two H~nd~ed Fifty Dollars ($250)
for each calendar day during which CONSULTANT is found to have been
in 2UC~ noncompliance as damages for breach of contract, or both.
SECTION 25 -ARBITRATION
Upon agreement cf the parties ~~y controversy or claim
arising out of or relating to this Agreetrte!lt may be settled by
arbitration in accordance with the Rules of the American
Arbitration Association, and judgment upon the award rendered by
the Arbitrators may be entered in any court having jurisdiction
thereof.
SECTION 2 S -NOTlCE$
All :eotices hereunder shall be given in writing and
mailed, postage prepaid s by certified mail, addressed as follows:
To CITY~ Office of the City Clsrk
Post Office Box 10250
Palo Alto, CA 94303
To CONSULTANT: Attention of the project Director
at the addr'ess of CONSULTANT reci ced alx>ve
Sl!\;TIQN 27 -ALL COVENJ\lrl'S ARE CONDITIONS
All prOVisions of this Agreement are expressly !l"ade
conditions.
SECTION 2~.!\GRBEMENT QQNT~J& ALL llNDERSTANDINGS;
This document represents the entire and integrated
agreement between CITY and CONSULTANT and supersedes all prior
negotiations, representations, and agreements, either written or
oral.
This documant may be amended only by w~itten inst~xment.
s ig::led by both CITY and CONSULTANT.
5BCT!ON 29 -GOVERNING LAW
This AgraemE!Dt sl""aall be gover:c.ed by the laws of the State
of Califorr.ia.
IN WITNESS WHERBOF. the parties hereto have execut.ed this
Agreement the day and year fir.st above written.
CrrY OF PALO ALTO
Mayor
City Clerk
APPlIO'Ilm AS TO POlIIiI.
Senior Asst. City Attorney
City Manager
Dirsctor of Finance
Director of Public Works
Risk Manager
At.tachments:
EXHIBIT ·A·:
EXHIBIT -S·:
EXHIBIT !Item":
EXHIBIT ·D·.:
9«1120 lie. D02aJ'!U
Ey,
Its ,J?C'~"l'-~ 1":,::;' "'-L'i"j
SCOPE OF PROJECT & TIME SCHEDULE
FEE SCHEDULE
INSURANCE
NONDISCRIMINATION COMPLIANCE FORM
15
CERTIFICATE OP ACDfOWLEDGMRNT
(Civil Cod~ § 1189)
on~ -..3 ,/99-,( • befo,-eme. c?~~~""' TtL;;,...",~
____ ~-~~' ,~ notary public in ap.d for said C nty. personally
appeared 11/,/(fct-n-,; 2otro :;:-R?c4 .. :Y
the basis of _____ , personally known to me (or proved to me on
satisfactory evidence) to be the per$on(s) wh~se
s~criped to the/".itlcip~.in~t~nt. 7, e,e..;'14...£..t..d
_J£/"'....p~ ~,(>,~ ~ /~, __
e (9) .is/are
"'r eAt /I1'o2l'"C\ --c"
WITNESS my hand and official seal.
16
~~,-;..; --:,', -
:.-~;;(~ .
. / .",-';,..
EXlUBIT A-SCOPE OF PROJECT & TIME SCHEDULE
Section I. Basic Services
Task 1; t",luatiDn or furreDt [..eat;;hate CODditions
'The Consultant shall provide all work necessary to complete Task which consists of the
following subtasks:
• Compilation and Analysis of Geologic, Hydrogoologic, and Leachate Data
• Compilation and Analysis of Aerial Photogr.!phs and Histmical Maps
• Hydrogeologic Analysis of Potential Leachalt: Pathways and Fates
• HELP 1iI Modeling of Leachate Generation Rales
• Develop Hydrogoologic Model of Current Leachate Conditions
SubW;k 1 ] -Cpmpilation and AnalYsll! of Existing tjoologjc Hydrogeo1og{c aDd I rn~
Availilble geologic, hydrogeologic, and leachate data from :he City of Palo Alto files
shall be compiled and analyzed to develop a preliminary model of the hydrogeologic and
leaclJate oomiitioos of the Palo AltO Landfill. Work products from this task 5hall include,
but not necessarily be limited to: a. revised goologic map of !he Palo Alto LandJill
subgrade, hydrogoologic cross sections, :ltruClure conloor map of the base of refuse,
piezometric rontour map of the first encountered aquifer, and piezometric contour map
of leachate. In addition, wbere wana.oled, tables sIlaII be compiled for leacbate and
groundwater elevation data, well construction data, pumping _ data, etL:.
Subtrsk 1.2 -CQrngilation and Analysis of Aerial PhotographS and Hi@l"iCaI MAps
Historical aerial pboIograpbs and maps silaIl be compiled and reviewed to define the pre
landfill su!>grade conditions and the history of the Palo Alto Land fill development. The
Loformatioo develcpeli in this subtaslc shall be inoorporated into the work products for
Subtask 1.1.
£..ulU3sk I 3 -Hydrogeologic Analysis of PQtent!all:nchate P-4thwayS 2;]d r"ares
Following comple:ioo of the data compilatioo and review, the overall geologic and
hydrogeologic setting shall be evaluated and potential leachate pathways identiJied
including the potential for flow between leacllalt in the Palo Alto Landfill and
groundwater within the underlying Bay Mud and alluvial sediments. The history of
refuse plz.cernent, and the possibility of partial excavation of the landfill subgrade prior
to refuse placement silaIl be considered as part of this evaluation.
SybWic: 1 4 -HEI P In ModeIj ng of Leachate C,eneration Rates
The Hydrogeologic Evaluation of Landfill Performance (HELP) model, Version 3 shall
be used 10 estimate CtJrrent and future leachate generation rates in the Palo Alto Landfill.
Previous leachate generation medelli ng performed for the Palo Alto Landfill, and the
model input parameters, sball be reviewed and rnodifie.d as necessary poor to running
the revised model.
Sub\a$1c l~_.:,.PevelQP Hvdroeeo12eic Model {If Currenl Leac,hate Condition:;
This subtask s1ll1ll incorponle all of the data de.eloped in Subtasks 1.1 through 1.4 to
create an o .... erall hydrogeologic mOOeI of leachate genesjs, occurrence, and movement
in the Palo Alto Landfill. The potential for J:!.achate movement into and Lwugb the
nalive Bay Mud beneath the Landfill shill also be addressed. The cu.,.."t leachate
conditions s..Uli be analyzed 3J1d depicted in plan view using pie'"'~mettic contours -and
in cross section fonnaL 'Where possible, the potentiai for 1eachate stratification and
compartm",laIization .1-.ali be evaluated and defined. Potential data g1!pS regarding
current leachate conditions shall also be !dentified for possible future characterization or
changes in the leachaw monitoring program.
Task 2: El'aluation of 1 ,&5 Operation
The C'.on",ltant shall provirle all work necessary to complete Task 2 which cons",ts of the
following subll!Sks:
• Compilation and Rtview of Site Leachate Extraction Data
• Compilation and Review of Leaclute R<lr.!ction Data from other Landfills
• Borehole Video of Selected Well. to Evaluate Well Screen Coeditions
• Cleaning and Developmetlt of Selected Leachate Wells and Evaluatioo of Well
Performance
• Comp'JIer Simulation of Overall LfS PeIformance and Effec! on J..eachole
Conditioo>
• I~tification and A,"1aIysis of Key Elements Limiting Well and I.F.s Performance
• Develop Recommendations for Improvements to Existing LES (tf necessary)
• Report PrqJo..-ation
Suhtask 2.1 -CommlatiQn and Reyjew of Site Leachate Extracticn Data
The data ori leacilate ""tra..-tion compilod as part of Subtask I. I shill be further evaluated
OIl the basis of individual well and overall LES perforrrurnre to determine how extraction
rates and leachate volumes have changed with time, and how well performarce compares
with that predicted through previous site-specific studies. Work products from this task
shall include leachate hydrograph. and revised estimates of hydraulic parameters for
refuse in the Palo Alto Land rill based on actual performanc<: of the wells.
Subta!ik 2 2 -CompUat:iw and Review of Leachate Extraction Data from c;thli_Landfms
Regiooal Water Quality Control Board. San Fr.lJlcisco Bay Region (RWQCB) files shall
be reviewed for available leachate extraction data from other landfills in comparable
hydrogec!ogic settings inCluding information on leachate extraction rates and volumes,
hydraulic parameters. of refuse~ ex traction system designs, operation and maintenance,
-.
eLc. Potentially useful data fwm this re"'iew shall be compiled ~Jld analyzed for
compa.-ison ~1.th Palo Alto La ... ld fi Ii..
Sybtask 2} -Borehole Video pf Se],cted Wells to Evaluate WeB Screen Conditions
Borehole video of several weI1s shall be perform«l 10 evaluate if biologIC or chemical
clouing of tbe well screen may be impacting well perfonnance. The number of well.
evaluated ,hall be dependent"""" the lime required 10 prepare each weD (i.e. pulling of
the well pump) for the video survey and the time required for the survey itself.
Sub!aslc 24 -Cleenj., •. /Deve1opmenl of Seleele!! ~.te Well. and f;~!!@Q!Lof Well
Performance '
Following the video survey, the wells shell be clean«l and developed using a
combination of mechanical and bydraulic methods. The well bores .hall be ph)'sically
cleaned with • brush and then developed using a .urge block. Other clea.ling methods
such as steam jetting r vacuum-enhanced suction, and/or chemical treatmen t of the wells
may be perform«l dtpending upon the conditions of each well. Following the ckaning
and development, the leachate pumps sbaII be tested and reset in the well. and the
performance of L~e wells shall be monitored over a period of several days.
subtarJc 2 5 ~ CommJter ,C>imulation of Overall T FS Performance and Effect orLJ...qPte
CmdJtinn$
A computer simulation of slrady-state leachate conditions will be perfonned using •
numerical groundwater flow model (e.g., MODFLOW, Flowpath). The goal of this
modeling will be to deo.-elop a model of leachate occurrence i, the refuse mass that
correlates with the observe<! data on leachate heads, extraction ra!es and volumes, and
boundary oonditions. Hydraulic parameters use<l in the oomputer simulations shall
include estirnates of bydraulic conductivity a.T'Jd storatilfity calculated from previous site
bydraulic tests, hydraulic Ies'.s performed at other hay-side landfills (data obtained during
Sobtask 2.2), or published val .....
SuLtask 2 6 -Identification and Analysis of Key Elements Limiting Wel1/System Performance
The data develope<l in the previous .ubl3Sks shall be analyzed to identify the cause(s) of
the decline in the LFS performance over the ~ rew years.
Subfas\: 2 7 -DeyeJop Re.commendations for tmprov~entli: to Exwng ill fif ncressuy)
Following identification of the key elements that oontrol l~e LES performance, • senes
of recommendations shall be devetoped. if warranted for improvements to the existing
LFS.
11_
",';
.• "'J:
Subta,k 7. 8 -Report Preparation and SubmitW
A draft report stJall be prepared and submitted upon comp1etion of Tasks I and 2 wpjcb
documetJt.s the findings, conclusions and recommendat.!ons of the work completed to date.
n", report shall indud< appropriate figures, drawing', and ap?C"di= as needed to
support the main body of the report. The report shall focus on documenting the current
leachale oonditions at the l...al1dfill, the effects the existing LES has harl on the :eachate
conditior.$ since July 1990. and recommendations for improvements o. mod!ficatioQs to
the eiliting LES (as warranted).
One dr.ft version 0; the report shall be prepared for review by the City and one fina1
version of the report 51mI1 be prepared for "b.,.Jttal to the RWQCB. Three (3) copies
each of draft n:ports sball be submitted to the City for review and six (6) copies each of
fina1 n:ports j:K:luding original. any reproducible drawing, produced ("D" size-26" x
34 0) shall be provid<d to tho City. FL'lal reports shall be submitted in 3-ring, D lype
binder format.
~3, Meetin""
The Consultant "'.all atteod three (3) IOOetings (City staff, regulatory agencies, etc), as directed
by the City during t.ie term of this agreemer.L
Section n" Additional Services
If warranted by the findings of Tasks I and 2, The consultant shall evaluate alternative le.el,ate
IJl.anagement strnte.gies to augment or supplement ongoing LES operation as part as an over.ill
approaclJ to leachate management at the l'liiIo Alto Landfill. Potential tasks may include the
fonowing:
•
•
•
•
•
Identification of potenlia! st:ra:.egiesJoptions for LES augmentation including the
-no action-alternative .
Development of computer-assisted models. for evaluation of extraction alternatives
IlIll'lementation of field installation and pilot te..q;ng of alternative ex tr1Iction
d<signs
Prepa....non of eonceptual plans for LE'S improvements
Preparation of workplan5 and cost estimaU'.5 for impleJ.leniation of LES
improvements
The specific scope of tasks to be performed as part of Additional Services and fees to bo charged
by t~.<: Consultant shall be subject to further negotiation. between the City and the Consullanl
and shall reqLOITe written appro .... al by the City prior to implementation.
• Section m. Information to be Pro,; ded by the City.
The City will provide to the Consultmt all readily availi!ble reports, data and information in
connection with the Consultant's Srope of Work. Available reports L"lclude, but are not limited
to CtIITent zr-onitoring program reports, pnor monitoring data, geotechnical investigations,
Lt:achale investigation reports and LES development reports.
Sedion IV. Time &beduJe l<'or Performance
The Consultant shall complete work in accordance with the schedule set iorth in Figure I -
Project Scl1edule. Figure I -Project Schedule is attached to this Exlu1>it A and made a part
hettoi by !his reference.
FIgure 1
Project Schedule
leachatelnvesllgatlon, CIty or Palo Alto landfill
~----r-~. Mar '93 I rsT,':i~' M'~3 Jun '93 Task Activity ;-8 15 ~ 2~' 5 12 19 28 13f,~ 1712. 31 7 1. 21
1.0 IlE,valu.tlan or Cl.ltr'flnlloachate Conditions :
I Data CompUallon
is
I 1.1
I
1.2 Aerial Photographic Analysis I i I I I
1.3 Hydrogeologic Analyei!i ot LeeohalB Fales ~ ,
1.4 HELP Mudel taf Leachate Gel'!eration I P-• 1.5 Hydrogeologic Model of CUrMfd Conditions "-i ,
2.0 Evaluation of LES Op;el'iltlortiEffecta
2.1 Analysis of Leachate Extraction Data P-
I
2.2 Compilation of Data from Other Landfills: • 2.3 Borehole Video of Well StrODn C(looltlon I "-I 2.4 Pilot Cleaning/Development of EJdmctlon Wolls -I 2.5 Computer Simulation of of LES Effects ~ -I 2.6 AnalysJ:s of Key Element! or LES P-2.7 R~oommendatlon!l for LES Irnprovemenl$ ,
~
I
,
2.8 Report "reparatlon
j
L--'-_
J Jul '93 --'--'Au "93""""
28 5 12 19 26 2 • 16 23
! 14~
I
I !
I
I I I
I I ,;.
I
I
I I
I
,
I I ,
.,' I,i,;
<
EINARSON GEOSCI~E, INC.
FEE SCHEDULE
CLIENT: CIty 01 Pa .. Alto
PROJECT: PakJ Ana Landfill-Evaluation or l~achat&
ExtradIOt1 System
DATE: November 16.1993
PROJECT NO. : 93-1 55
TASK 1 -Evaluation of Current leachate Condltlons
9ubtask 1.1 • Compilation and Analysis of Exl5ting GEorogic, Hydrttgtlo!ogic and Leachate Data
PtofosslonlJl Sfltvl_
Prlndpal Hydrogeologlst hour
Principal Encineerinc Geofogist hollr
Geologist tlour
Dlf'III:f~
~ Mileage mile
Inrllnct Chatf1e$
0tJISic!e Repmdudion Iol
$85
$85
$70
$0.043
'100
Subtask 1.1 Total
16
16
50
50
$1,m
$1,3130
$3,500
$22
$100
Subtilsk 1..1 .. Compilation and Analysts of Aerial Photogra.phs
PToressIOM1_
PrincIj:<IJ Engineering Geologist oour
DirodClwgos
~
Mileage
$85
$0.43
Subtask 1,2 T olal
10 $Sse
100 $43
$S,22O
$22
$100
$6,342
$850
$43
$893
Subtuk 1.3 -Hydrogeologic; Amlysi5 of. ~_olential Leachate Pathways and Fates
ProtessIonaJ Setvfces
Princlpel H)'drogeologist hour
Pnndpal Engineering Geologist hour
Sublask 1.3 T Dial
Pagl" 1
8
4
$880
$340 '1,020
$1,020
. ,
EINARSON GEOSCIENCE, INC.
FEE SCHEDULE
CUENT: City 0' Palo Aila
PROJECT: PItlO .Alteo Landfill-Evaluation of Leachat~
ExtradJon SysIem
DATE: November 16, 1993
PROJECT NO. : 93--155
Subtulc 1.4· HELP III Modelling of Leachate Ganerttion Rales:
PtofessIonal Services
P~ncipo; Hydrogeologist hour $85 4 $340
PMcIpol Enginee<fng Geologist hour $65 2 $170
Sen ... GeoIog<st hour $80 32 $2.560 $3.070
Direct ClNtfJlOS
~
Computer hour $20 20 $4ll0 $400
Subtask 1.4 Total $3.470
Subtask US -Deveiap Hydrogeologic: Model of O.unnt ~hate Cond""rtions
PJo¥wsJOIIIlJ Sen1c8s
Prmcipol Hydrogeologisl hoor
Principal Engineering GeofogSsl ho;.:r
Senior GeoIooist hour
Subtask 1.5 T etal
TASK TOTAL
Page 2
•
4
4
$340
$340
$32D $1,000
$1,000
• EINARSON GEOSCIENCE, INC.
FEE SCHEDULE
CliENT: City 01 Palo ,uo
~T: Palo AlIa Landfil;-EvaluaUon of Leachate
ExtrscfiO!'1 System
TASK 2 -Evaluation of LES Openllion
DATe: N.ovember 16. 1993
PROJECT NO. : 9~155
Subtak 2.1 • Compilation and Review Gf SHe Leachate Extractkm Data
Pit .... II 'CII."" SfIN"VkeI:
PMoIpol HyI1rogeoIog<>t hour $85 2 $170
PrIncipal Engineertng Gecfog~~ hour $85 2 $170
Principal EtlViJ'Onmental E"Qinee hOlJr $85 2 $170
Geo4ogisI hoor $70 8 $5S() $1,070
Subtask 2.1 TOlal $1,070
SubtuII; U ~ Compilation and Review of Luchate Extraction Data from OtMl Lamffi!ls
hour
tlour
mile
lump
$85
$70
$0.43
Subtask 2.2 Total
Page 3
8
16
200
$680
$1,120
$86
$100
$1 ,BOO
$186
$1,W,!
E1NARSON GEOSCIENCE, INC.
FEE SCHEDULE
ct.IENT: City of PalO AJIo
PROJECT: PalO .Mo Landfit~Evaluatian of Leacl! me
E><!nIcr~ System
o
DATE~ November 16, 1993
PROJECT NO : 9~155
S\lbtuk 2.3 • 801e~le Yaao Qf SeIKted Wells: to EwllJ.lte Well Screan Conditions
Prof~ ServJces
PrinCipal Hydrogeologist tlour $aS 6 $680
Principal Enginee~ng Geologist hour $aS 8 S6IIO
Prindpal Environmental Enginee hour S85 2 S170
Technical &Jpport hDur $45 20 S900 $2.430
~hamea2t! E:9W[.!!l.@ilI
F'aeklT~ day $20 3 $aD
Water Level lncfscator day $2t) 3 $6C
Field TIUd< day $5() 2 $100
Steam C4eaner day $100 3 $300
Level C Safety Eq day $40 3 $120 $640
Indlroct C/JMge$
SubcotTtrad:or lot $1,500 $1,500 $U,OO
Sublask 2.3 Total $4,570
Sublask Z.4-ChMi1I0g.01)aveJopment of Selec;ted Leachate Wens
to EvaluatdI Wen PerfQnnance
PTdessIon3J SMoJc.s
Principal Hydrogeologisl ho~r $aS 4 $340
FtrincipBI Engineering Geologist hour $aS .. $340
Tedlnical Suppo<t Iloor $45 32 $1.440 $2.120
Chacooable ;!lY~t!!nt
Field Telephone day $20 2 $40
Wah". Level 1nd""lC8for d~ S20 2 $40
Steam C4eaner day $100 2 S200
Bailer day $2t) 2 $40
Well 0.'01"""",111 eq day $25 2 $50
FHrid Truci< dai' $50 2 $100
Redinow Pump d.y $100 2 S200
Level C Safely Eq day $40 2 $&l $750
Subtask 2.4 T etal $2,870
Pag94
E1NARSON GEOSCIENCE, INC.
FEE SCHEDULE
CUEf\fT: Clty 01 Polo Mo
PRO..ECT: Pm Alto landrul-Evaluation of Leachate
E>dt8aion System
DATE: November 16, 1 ~3
PROJECT NO .. 93-1 $S
Subtad U ~ Computvr Slmu'.a6on of Overan LES Performance and El'Ject on Leachate CondFtions
_SotVlcN
Pttncipoi H)<d~ hour $85 8 $6SO
Principal Engir.Hring Geologist IlOCJr 085 2 $170
$enior Geologist hour $80 24 $;,920 $2,nO
DInId CIIa<ves
liIIII!IiI!
Computer hour $20 '5 $300 $3QO
5ubtask 2.5 Total $3,c70
&1_ 2.11-Identification and Anaiysls of Key Elements Limiting WalllSystem Peri'ormam;.
PJeA 'c: raJ SwvIcas
PMcipaI ~ IlOCJr
PmcIpa/ EnginMrfng Geologist hoor
Princ:IpoI EnYIn>nmentai Engin .. l10ur
$35
$35
$35
Subtask 2.6 Total
4
4
4 $1,020
$1,020
SUbtask .2. 7~ Devdlop Re':9mrnEndations for Improvttments 10 Existing LES
PI cor( JI 'Mal Swvkes
Prfncipa! H)<IrogooIogisi "our
Principal Engineering Geologist hour
Prindpal Envfronmental enginee hour
$35
$85
$35
Subtask 2.7 Total
Page 5
$340
$340
$340 $1.020
$1,020
ElNARSON GEOSCIENCE, INC.
FEE SCHEDUL.E
CUENT': City 0( Palo A.'o
PROJECT: Palo Alto Landfm-Evaluatioo or Leachate
EldnIctlon SySem
SUbtUk 2 ... Repo" Prepamion --Prinoip&l Hydrogeo!oglsl hour $aS
Principal Engineering Geologist hour $aS
Principal ERYirorlmentai Enginee hour $85 Se_ GeoIogisI ho,. $SO
Geologist hour $70
Drafter h""r $015
Tectmk:al Support hoyr $015
Dnct CIIa!1IM
Consu!I!i!~ Materials
Report SlJppIIe$ (IaIge) eacIl $25
-CiJarps
~ Reproduction lot $25()
Sublasl< 2.8 Total
TASK TOTAL
Pago6
30
30
!
!
20
40
8
'2
DATE: November 16.1993
PROJECT NO. : 93-155
$2,550
$2,550
$68ll
$640
$1.400
$1.800
$300 $9.980
$300 $300
$25() $<50
$10.530
~
EINARSON GEOSCIENCE, INC.
1994 SCHEDl1LE OF CHARGES
OTY OF PALO ALTO LANDFILL
LEACHAIE INVESTIGATION
PROFE~ONALSERV1CES
Teclmicd Support ..
S!!!'.pler .......... .
Drafter ................. ..
Geologist ...................... .
Senior Geologist ............ .
HydrogeoJogist
Principal ........................................... .
DIRF.CI CHARGES
(lm.",]
.. ,.' .... ~ ; .
. .t. ,.
.......... $4500 per hour
$55.00 per hour
$45.00 per hour
$10.00 per hour
.. S80.00 per hOUT
... $80.00 per hour
$85.00 per hour
Comput ... (graphics, data anal}"is. & modeling only) ............................. $20.00 per hour
Field & """piing truck.. .. .................................. $50.00 per day and SO.43 per ncle
CJurrretzble Eqldp_ and C'tmsrImabk MtlIDWs
(See Chargeable Equipment and Coll5Ul11ltble Materials priu sheets)
I!'IDIRECf CHARGES
Charges for oatside services, marerials, or equipment not furnished directly will be billed
at cost plus IS percent. Such charges include:
• Printing and photograpJoic reproduction
• Rented vehicle:;
Airfare
• Field materillJ. and supplies
• Special fees, pennits, insunmce, etc
Rented field equipment
• Shipping charges
• ~~,andlodgL~g
Subton~~ .
•
~
I
1 •
I I
IJ
I J
1 1.1
1 , ,
]
]
]
J
]
]
]
]
J
EINARSON GEOSCIENCE, INC.
CONSUMABLE MATERJALS
Sl1e: ___ • ____ . ___ _
Descripfioo of ",,,jc
Forn: prepared by::. __________ _
Projec1 Nc" ____ _
Tasl< No _______ _
Field Da~es· _______ _
TOTAl
.J
j
;! ]
]
]
]
]
]
]
]
J
]
J
]
]
J
1
I
EINAASON GEOSCIENCE, INC .
. CHAAGEABLE EaUIPMr:)
'--"
1-:
/
Site: _______ _ PaJjed No. ________ _
Oesciptiop or WOi1c ___________ _ Ta.<;~ NI), ______ --
FiJrm pre,roared ~. Field Dates'
~'eI!~!~O~ .. : UNIT COST QUAN'Tl iY TOTAL COST
GENERAL EQUIPMENT
~r ~sor (5.5 CFMI125950 I SJO.OiJ IOiil)" I
Baile< (small) 55.00 Ijay
Baller (I.arge V04LIfT1ej I 520.00fd.ay
Tta1r.c comroJ S15,{]OJday
Field ChefnGUY KrI S2S.00Jday !
Fie.kf T'l,!epnone S2tHlO/day I
F"aeid VehiCle, 4x4 i $5().OOldoy
.900< Crane $25.00Id.y I
Get>emor (5 KW) I $!V.OO jday
Kane! Auger 530.00 lday I
Hand Operated Piston Pump S25.00iday t-Portable Hoist .. nc1 Reel ~20.OOIday I
pHIECII' omperature Meter .$.25.00 Jday
T Rod'rn"" Pump & """'"' Reel S'DO.COIoay
&lcIion I'IJmp S3C.flO lday
steam CleanBf with Generator $1oo.00/day
stei'l!O .... lCI"OSCOpe S2tl.OOlday
Surveying EqlJip.r.en~ Sl00.mliday
Tel!an BaiorlSampling Kit S30.OOIday
Vades<! Zone Sampling Kit SJO.OOicay
Water LeveJ Indicator S2(). DO/day
!'leO Development Equipm<f1l S25.00 Iday
WeB Orec::omm.Iss!oningo V..anifolds S1S.00 each!d2Y I
HYDRAUUClAlR TESTING EQUIPMENT
OataJogger with Computer and Printer
FlOW' Meters and Manifold
PresslJre TPilnSd;Jcer (~t.'1)
Pr!et.rJ'TlaIic Packer.;o (2j wi Nitrogen Crt.
''" SuDmeJSfble Pump
SAFETY EQUIPMENT
LovafO:
Respinotor (available). Gloves. tilIm Hat.
Sti!el Toe Soots, Eye Protet;ti;;;n
-uY1>! c;
1 Tyvek Sui!:. Re.spfrator wtth Caruido;; e.s,
PI.:.s Level 0
Tyvek SUit (2dd"rtional')
Sanm~)( Suit (~i~n9-0--
OTHER
5100.00 lday ,
$30.00 {day
S50.00 Jday i
$2oo.00ldaj I
5SCLOC Iday I
S2tl.OO !day
575.001day
S10.00 eadl
I
i
!
I
I
I
I
I
i
I
I ,
I
~-----------~----+-----+---~
TOTAL
,
I
I
,
e.
C.
D.
E.
G.
'0 o
Insurance Requirements for Contractors
CONTRACTOR:
PROJECT MANAGER: Cnad Centoia
CONTRACT NAME: Palo Alto LandfHl Leacha.te Extraction System Evaru:nion
GENERAL n:RMS AND INSTRUCTIONS
llM. ~ St£FT ~ BE. GIVOi 10 ~ClJR .. ~ .. (jt'_'i'!~
~-rOltS:to nt! crrvM .,..0 IIO,.TlJ."" ~8" SOl.! DFfN5ti P<A.L.L. 0.'''''' NtrJ l\'W"''''I< ~'~~~!'CI'I ~l 'fA/>, O!' T>'4! ¢C1fl1o .. cf. C~~Of'$IW..L
I( ~.ECW"Sl TO ~", ~.,A.n ~~ l~f ""~CE NI!O IrjA/tolll,. .. 11'2 Or.' Ai.lJj IWOITI~ '''''5VI'lftl ...u. .I<I:I..IIlNfCf COV'CJlA(:;~-I'.EQ",,/\!:!l
IIWLIE I"AO"oIlPUI ~ CAMEN W~ A arsr ...... ':'WG ~ ""\ili <M >IIOH~ 'flofAl.N11 ~1"':"TLtl Tel 00 1""'Sl,"US 'Ij IJoillOTAH Ql' ...... "FOIN.A.
~E C!lmI'tCATE O.J ~ ~1lI'!' I. ~ AI'IIO EJ(!etJ'\ ~ ~ AlII IU,,"TMORiilm ~~"'T1"'f O~ T"I c::n"pN('I' ,,",,~"""Ii "'IP..II\NtC!.. I'!Utl ~ 1'li~
ON. MO N'!'IWVEC n ~E CI!Y ~ C;;Of(11U..CT WlU lie CONSDPIt.'> COM~ ~ II;ESP'(C15 INSIJI'I..j<MCi':
RETURN THE COMPLETED CERTIFICATE TO THE Cl'r( OF PALO ALTO, PURCHASING & CONTRACT
ADMINISTRATION. 250 HAMILTON AVENUE, PALO AiTO 94301.
1{
0
.l1{
mE INSURANCE REaulREMEI'lTS CHECKED BELOW ARE REQUIRED FDA THIS CONTRACT.
l"I'n OF COVEFl.&,GE flfOU1~EM£iIIT
tcomprehenshle General l1ab~ity: Boor!.. Y INJURY $1,000,000 .1,000.000
INC1.UDING: FP.OFEiU'Y OAMAGE $1,000,000 ., ,OOO,OO.:J
• f'£J':SONAL tNJUR Y
• BROAC FORM PROPERTY DAMA(>E BOCH.:V INJ U;cY &. PROPERTY
• BUN'I(ET COHTIlAC.T1JAl .oAMAG E COI"'8jNED "',000,000 $T,ooo.ooo
• AIlE LEGAl.. UAEi:lm
...comprehensive Automobile LiabDity: BOOIL y rtUURV fEacn Pars .... n) $1,000,000
INClUDING: " 000 OQQ
'1000 O'..}()
II OWNED
II HIRm DAMAGE C OMBINfO ;1,000,000
•
Profe-ssional UlbDjty:
INCLUDING:
.. EFUlOR$ AND OMISSH:mS AU DAMAGES $1.000.000
.. MA:..PAAcnr:::( lif AppIicllbitl)
II NEGUGEHT PERFORMAN<:E
Th. City D~ Polio A.Itc, hi offievlI. 89'ffitll lind emp<Dv-ti' .re ~ as addltlD~ inwred, but only .. to woP:. p!!rlotlll8d lu-.daf
COntnlct.. Seid eD ..... ~ .. to '1M CiW of Polio AIt ... ,[c .. sh&I'I b. prima;ry CO\/erllli" •... it"~ QHAt lI~nlH City", llxisting il"ollUIM!¢e
and an'( clhk it'~ e.ri.$d by tM Chy blllng" "l".CK!C i~u~8.t\c:. ~nI'f_
~ tho. work Lwo.'vot: g,KlinG. p.I'W'in;, .lCc. ... Iling, dnl'''iiI :IIf oll1er 1J,..,:II"g'''''!':d wort:. thl!' por~~ Ir'lclucle. <I!I~ruC:lion cr l'riru,
Con6l.ilU. pipe .. , main., c. Obr R,."iJ~ Ilrc~.rty Of 11'1.,.-8iPr;iollfatIJS in CDnner.:Ii<>~ th~r,,""ith beT;;."" WII surf~. a1the ground .... t-..ttllr
owned :by INni p'IIrtiu CH' me City gf Pet<=> "'lto.
Wr-..er. thll wo,. J,nvo.l\ ..... C.~,ll'tir1g, COn8Ol:S0 cove,"g .. bo: prlJ"~cll'c:I :" ~Il. amouf!'~ lIbo~.
Tho polity mcJudat • 'Se~~rl!blr,t'r of !:-"erel:t" p,·eolli$ion.
D.au~:'O"bI .. 0"'" tti,OOO rr...rtt bo iook;.rtiKl .nd ". JUbjeC1 to '!)P''''''1I1.
If euc:h paGci •• n. etllle"lXI 0' c-~ dunl'!9 t"'e p<!noo of "o"e.e\l~ I4i 51.1ltea "~'Ilin. i" roellll manne' 115 10 .ftole! 'Iht Certifi;;lltll,
thi:ty {30) claY'S writtlJln .roo'tie. wiJI ~II ~l~ til tl-.e CIty 01 Palo "lIt:>, Conl.acl Adm<,';:UJ",~i.;.", P.O. BOlf 10250 94303
'1'"he Iillbiii7y lr.surar.c:II poIio:y ino;Iud!l:$' contrll(:lual ~~liW IIndol$em~"1 prov>ding In5l;J~Iln"1 CCJ"'-"'lIga 10' CO"l;.Ctor'. IIIgrellll'l'Utnl
to indoemnify tke ~iry,
'1 .... C:C'Yt-I'ago off Corded uroci" '\:hI pc~de$ i1I :;ubjo"t III 'In lerms ClI 'ttle jlo()1icills dUlllnoII(IId r.~r";" ."<1 ",OOlS.n o.f tM pmvisior\S ca~.c:I
hr l'1e':!!i"-._______________ _ __ ~-----------.. ------
DAn/1/?Jc /1 3 CONT'FI"'CT ACMJNIS~ATOR;__k2.tC-.jJ ric L-------K"'" M.J~_"'!.i<iml ("'lSI H9=2300
•
CERTlFIC~E OF INSURANCE
Ei,.,..."" Geo:sd~ll!. lro.c.
')'S.8 s.n L~ Avec., sn 900
NciulUofn ... l_ CII 910043
~,~
""'"
r.:G\ottlJ'(,¥ .. "'"
"""'''''. <ZMU
~.~
...."..
CQo;j,. ...... .,
~
COMPANIES AiTORDl'iG COVERAGE
A ~uotd l~rW'oC. t~
B
C
D
E
nc5 II TO campy TlVITnll'.: J'OlJCIES Of' INSIJ~ U~ &aOW HJ,YE RaIo W .... fll"F) nl:E [folSt:RFD H;AlIfFD /UlOVE FQ'R r'{E POLJCY l'1:R!OC
~~YED. NO'1"MlHSTAMDli'I':1 ~y Rl:Q(Jllt91OO'. 'I'DM::lfI CO/tlOfTlOl'( OF ANY CO~ OR ClTIIU 00C\.l~ """'mi Rf.sM:.CT TO ~ICH Ufi.S
~n. MAY BE aSUFD 011;),(,01,'( M:J(TAII'I. 'TlU:1P4WJtA,."ICEAFR.It.Dm BY TIlE"l'OUaE:5 DESCRlBrn HFJlfDIIS SL'lUlCT W AU... mEla/.tICS.
EXC'LUSIIlftI AtID C'QfI1llrl'T1oJ OF.suc-oI ,...AX;:ES. Ul.QTl; ~ ",",y KAYE BEEN' HDt.J<:'EI! BY I'It.ID cu.n.G.
.............
~.~'S,.",..
IJrIrflAfCIMl
Lhbll
POOUCVlUft.t'fwa J'OUCl'IV'lIl.'T1_
D4111)4:lC,'UlJITY) I).;.T'I (lioIJMlD"'YY)
......... """"""''''
"~ofoQ(i.
1'£XSOIfAl.. ",,~.IKJ'lIII'I'
EAClIOC':\JUPtC'E
nIt£.,~""",_1'oooo)
,000
Iii!, I)OO,!XIO
11,00<0,000
.. 1,000,000
s ~O. 000
lien.llcLdtr' II ~ltiOl'ltlt Insured .. R~t. th4' WnenL LiItl)Hfty
Ci t)' of ".La Alto
"un: III..,.,. 18fo{h
.j K ~t Oi!P'U'tIIenot
!50 ~SttCln A~
"alo A(10 0\ 9'4lO1
SHOULD.oVO" m-TIlE A.8OVE.~MO f'QUctf.;l; BE..-:,ANcz:u.LO ~%. ntE
ElCPlkAnQH DItoT'E nJD\OOJ'. 'On: I"UlN(l COMPANY WU .. l,.U(OE,t,vQl m
~ DAYS WIl'tnN .. once. TO tHE CfJml'tCAIE KOi.DEIl I'!AMEC 'ro 'tKE
1..EJ7. BUT FAlWU: 10 w...n.,s,'I.IOI NOnCf SMAU.D.Il'Q5.!ONO O!I.UGA~ 01.
tlAM.ln.' Of' ANY ~D UI'ON no;. COloU'lo.N'Y. m A.CtD<'TS O~ 1I.UIle.EKt" .... nvl'S.
r
L
•
P,O. OOX 420907, SAN FRANCISCO, CA 94'<12-0807
CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
JANUARY 31. 1994
CITY OF PALO ALTO
PU8LIC WORKS DEPT./K.S.C.
3201 £4 BAYSHOR!
PALO ALTO. CA 94303
J'OL:CYNUlI.1eEF'I
CEAT~ FtCATE EXPIRES,
1165972-93
3-t-94
TiW is to Clt'rtifv t~ ..... hive il.$lOed. ~'Ifid Work'liri' CompenNltio~ inw ... tw:e poi,c-~ ir'l a form .ipproVfld by the Cllifmni!l
Insurtne:e CommiaionM to ihe err.ploy!" nlmtd bo!(ow for the polky poet 'od indi.caled
r
L
EW,,-OVE"
EINARSON GEOSCIENCE INC
~58 SAN LEANDRO AVE
KOUNTUN VIEW. CA 94043
AFFIRMATIVE ACTION GUIDELINES SECTION 00820
C;ty of Palo Allo
I'\Jrch;eosir.g & Conuaci AdmJn(Strallon
I. I'RE-AWARP I'HASE OF CONTRACT
A. In addition to the-Cenificate of Nondiscrimination reQuired to be filed under
Section 2.30. '60 of the Palo Alto Municipal Cede-rn~reinafter ·PAMC"}, the
ConuaC!or ¥han compfete a questioMairEl furnished by the City setting torth the
affirmative actions the Contractor has taken or witl take to:
,. Recruit minoritie:s in its location fN arT levels of jobs.
2. Seliliict method!; assuring equal employment opportunity for a.tt persons.
3. Establish a training program for new hires where necessary to assure
ample opponu:\lty for the fess qualified to more funy qua1ify.
4. Provide adequate opponunity for upgrading and further training to
assure equal oppOrhJnity in advanCEment and pi"'\)m.otion..
5. Provide counselling service for aD who may need help to advance.
espec:ia1ly new employees.
6. Educate supervisors regarding nondi5Criminaticm practice s.
B. In addition to furnishing the completed questiimnaire caned for under LA.)
above .. eac" Contractor for a construction Of' service project within the City
shalf submit me fonowing information for ContractOf' and each Subcontractor.
This information.$hal! constitute the bedding cont18C1()('s Minority Emp:oyment
Program i'hereiNfter -MEp·). ~
1. The estimated total number by job classification of perscmilel who shan
be used by the Contractor and each Subcontractor in performance of the
ccntr3ct. Then numbers. shan include the estimated breakdown by one
morom fo( thtt !ife of the contract. No estimc.te furnIshed· under this
subparagraph shall be construed or enforced as a hiring quota.
2. In preparing thue estimates it is expected the Contractor will take. or
agree to take. these adclitionaf .steps to assur'lS affirmative action in the
field of minority employment.
PURCHASJNG AOM!MSTRA nON; AI firrnative ActiDJ'l SECTlQN 00820·'
AFF1RMATIVE ACTION GUIDELINES SECTION 00820
a. Reeruitin~ fot needed help in the local areas inho:::bited bV minority
membe~3, incruding open adven:i:Jino and use of va.rious establ
ished p".Jbltc ;!lind pr;vatij agencies. (lists and advice furnished by
the ParD AJto Human Relation5 CO'Jn:::if {hereinafter ·PAHRC"n.
b. lraining those less Quaiified to assure 8dequ.a1-e promotional
oppo:tunitias f Of an.
c. Providing necessary counsering for upgrading. inchJ~ng use of
.outsfde trainrn~ facititiu in this area, (fists evaiTable from the
PAHRC).
d. Assigning an EquaJ Employme".t Opp~rtunity thereinafter "EEO"l
coordinator full time Dr 8S adartional duty and assuring that all
supervisors Bre aware cf their responsibilities and ;:hat union
representatives recognize their .obligation in the cEO program.
e. Assuring! that an Subcontractors ara in compliance whh the
federal and Cafifornia sU.te law.s and regulatiOn$: relating to
nondiscrimination.
f. Where the contrac.t is of S4Jfficient duration. assuring develop
ment of app/entiee.srup programs with union cooperation.
g. Upon r-eQuest. f~shing the City a copy of the latest Federa~
Form EEO'L or equivalent form.
h. Pro\liding the name and addres5 of all stlppfiers whose suppues
Indlor equipment exceed' 5% of the total $1.IPply cost for each
contract and subcontract for the performance of the contract.
c. Any Contractor nol submitting an MEP shan not be defined as a "responsib[e
bidder" and his/her Bid shall be c:lisregarded in the manner now prescribed by
the City.
D. 7.1 ... 8 City Manager. or designate. will anatyza the MEP submltted by each
Contractor with the objective of de lennlning if the program submitte(t by the
Contractor for himself and his Subcontractors presents a reasonable effort to
fLJrther minority emplcyment.
E. If the CIty Manager has questions about a pa.rticular Bidder"s proposal. he or
5he may address such question.s to the Bidder. The City Manager will be
availabie to answer que.stions rela.tive to the guidelines-and to advise those
seeking assistance of reso urce.s known to himJher _ He or she sham. not be
responsil';e for the service or lack of service rendered by the "e$.Ources
recommended. nor slW1 hp.Jshe be respon.s.ible for developing an MEB for any
P\.IRCHAS1NG ADMINISTRATK>N: Affum.nrv,," Action 'SECTION 00820·2
AFFIRMATIVE ACTION GUIDEUNES SECTION 00820
Contractor~ or to serve as a recruiter (or any CtlntlactorfSubcontractor.
F. Bidders shall be .nowed to r.e\lise their MEP after consideration. It Bidders
withdraw their MEP for revision. their revised' program must be resLibmitted by
if; dat! which sha" be escebnshed by the City Ma."1agef or designatl!. Biddefs
failing to have theirtevised ME~ submitted by tfle esta~lished date shall not be
classified as a rl,ponsible BIdder.
II. AWARD PHASE Of CQNTRACT
A. Upon award of the contract by the City, the recipient·s MEP which has ~en
~pproyed and accepted by the City shan be an integral put af the (;ontracl and
subje« to Section 2.30.093 of the PAMe. No Contractor sha"n be deemed in
material breach of Contract under PAMC SeC1:ion 2.30.093 when he/she nas
made 3 leasonable Ind substantial effort 10 comply with the MEP.
III. POST-AWARD PHASE OF CONTRACT
A. The Contractor shan post in conspicuous ptlces. !availabld to employaes and
applicants fot employment. notice.. to be 'prollided~ setting forth the law
prohibiting discrimination and advising anyone who f.eels he or she is being
cfis.criminated ag ainS1to advise the FEPC.
B. The Contractor shaD make iNritten progress ~poJts on the ~riorma:nce of his
MEP at intervals established by the City Manager or designate, the Contractor,
however, is encouraged to submit written reports 8S oftl!n and when he/.she
deems it relevl! nt to his/tJer ME?
C. The Cfty Manager shaD monitor tne performance of the MEP until completion
of the contract and win report: to the PAHRC on the progress of the contractor
in living up to !'Us MEP.
D. The City Manager sha.n monitor the performance of t.~ MEP until comp1eticm
of the contract and wi~ repcrt to the. PAHRC on the progress of the Contractor
in Jiving up to hislher MEP.
E. Any questions of poss.Ible breaching of MEP shan be discussed with the
Contractor ty the City Manage:t'~
IV. REffilENCES
A. Resolutions No, 4144 and 41411
8. Pafo Alto Municipal Code 2.30.090
C. Ordinancl1 No. 2420
PURCHASING ADMIMSTRAT.lON: AffitJrUltlva ACliM SECTION OOS20~3
o
AFFIRMATlVE ACTION GUIDEUNES SECTION 00820
COMPLIANCE REPORT
Ni--.9n-01scriminatipo Provisions 0' Palo Arto C.Q_l'ltract$_
IMPQRTANT
This report must be completed by prime
c:ontra.c:tor and eac'" ,subcontractor.
Complete all itemt unless otheNllise
instrUcted. Li.se extra sheeta if
necessary. SUBMIT ORl(;INAL OF THIS
REPORT OIR£Cn Y TO:
Manager of Purchiil sins
Ch,ic Center
250 Hilmilton Avenue
Palo Alt., CA 94301
Circle One: Prime COntractor
Part I Complete the Foll'owing:
Cescription:
,. fuD name and addf'es:s of
r.L1lTl or other reporting L:nit
<:overed b-t this reporL
2. Name and address of
princJpar official or managlH.
3. folame and address of
principal office of ccmpailY.
4. Name and address of parent
company if affiliated
corporation.
S. Name and address of prime
eantractaf (complete only if
this is a subcontractor's report.
BY:
P,ojectPa1o Alto Landfill Leachate
E~traction Evaluation
Name of Firm
Einarson Cecscience,Inc.
Teleph:mB 415/962-0584
Name of person preparing form,
person ,0:) contact.
"'B.oi.ol.,.I....oF..,oc:-"I"e"c'-___ ,E _t. ~ ____ _
Subcontr!lctor
"!"ype or Write in Here:
Einar son Geoscience. Inc.
958 San Leandro Ave,Ste 900
Mountain Vi~v. CA 94043
~illiam L. fo~ler
Einarson Geoscience. Inc.
EiDarson Geoscience, Inc.
958 San Leandro Ave •. Ste 900
N/A
6. Signature end tida of
e~.horized representativ6. TITLE: Principal Engineering Geologist
DATE: 1-31-94
PURCHASING ADMiNlSTRA TKlN: AJfirml!!(ive A~tioo SECT Kl N 00820-4
-,
-<
~~ .. -,
AffiRMATIVE ACTION GUIDElIl'<ES SECTION 00820
Part U -FolicV Information
1. Anacn a statement of your campan)", ,Ooricy on f:Cjual e.mp'ovment opportunity
1\:1 an p~rsons y,;ithout regard to race, creed. ~OrOl. natlon;al (Hi gin, 0' .ancestry,
and descn"tle what steps have' been taken to put this poricy Into effect.
Distributed and discussed in company-wide steff me~tiDg.
Part Ill-Circle the Proper Answer.
1.Q!!) No
5. ve.s@
Have you informed company officials and repre3entatives rega!'ding the n-oo·
discrimtnation provisions of City of Palo Alto Contracts?
Hillve you examined YDur c:ompa:nY~1 practices fe;arding assignments. I"voffs
or transfers of your employees from ane job :" another foro, evidel'\Ce of a
practice or emplcymer".1 pattern that might appear to be discriminatory and
based' upon .sex. race, color, anceSL"Y. religion, national ori",in or disatHfity1
Are they non-disc:nminalory1
Do yo u kave educational or trai nina programs sponsQred Dr financed for tne
~nefit of employees or prospective employees.
a.~ How many peo~e participate in these programs?
Does your employment advertising state you are an equal opponunit';'
employer?
Ate any apprentices obtained from sources outsi"de the employer" work force?
!f yes. have you circulated information about; apprenticeship openings or
opponunitJe.s to the ronowing.
Yes No
Yes No
Yes No
Yes No
Yes No
Yes No
Sta1e Employment Offices
Newspapers or other media
High Schcols~ including those in minority group areas.
local trade or vocational schools., inc:lucfing 1hos.e with minority
group students.
Agencies or organizations speciafizing in minority employment.
Federal or State appremiceship representatives.
Who]
Ome~ ____________________________________ __
PURCHASING ADMJN:lSTM nON: A,fjil'Mtrvllll Actlon SECTtON 00820·5
AFFIRMATIVE ACTION GUIOElWES SECTION 00820
Ei@NO If y'Ou are a prime contracto,.~ hil'ole an subcontractors .covett!!d by mCs,8
compiiance inspection reports been instructed ast!) their contractual obligations
relating to non-dil::crimination provislon$ of City 01 Palo Alto Contracts?
Exp!ain' _______ _
,.f!;;; No Ha.ve all recruitment sources been advised that ali q:ualified epp.lteants win
receive consideration for employment without regard to 5el(, race. eoror.
ancestry, religion. nationat origin. or disability?
a. rdentify (names and addresses I the empToyment agencies, per$Onner
recruitment org;anizations, newspaper advertising or other non-union sources
trom which the company recruits its pe(sonnet.
Sau Jose Mercory News
Part IV-Union/Crafts tnforma r;o n
1. ves@ Have you 8 collective b;argaining agreement with a labor union Of' other
organi:zation?
Jf ye.s~ spsc4fy tile Umon{sl C~ org.anization[sl
2. Yes No Have you advised the Tabor union and/cr worker organization of the companY~5
responsIbility under the non--discrimination provisions of City contracts .
3.~%
• /A
Approximately what ,percent. ... ge 01 you, employees cove.red by union
Bgree~nts are referred by or hired through the unions]
~CKASING ADMIMSTRATION: Affirnun"'. Actron SECTK)N 00820·6
AFARMATIVE ACTION GUIDEUNES SECTION 00820
4. Yes No.
NiA
5. YCii No
N/A
6. Yes No
N/A
7.
Explain procedure ft.r hiring barance. ~/A
Does the company's co!tectivo b3f;ain!ng e;reement or other eonU",ct or
understanding with. labor union (or unions} or other wor'cer's o:'"!1I8oizC!tion
include I provision for non..<fiscrimination in empiayment1
Is there 8t'1V labor union or worker' .. organization policy whlch prevent. you
from fuiflllfng your obligation.s under the non·discrimirletion provisions af City
contracts? If so, specify.
Specify th6 tradebJ ()( craftCs) involved In thrs contract.
Use this spice fOI (:omment on any answers you have supplied.
Note; In compliance Wtm the Americans with Disa~lities Act (ADA) of 1990. this i!ocument
may be provided in other accessible formats. ror information. contact Dianah Neff. ADA
Oireotor. City of Folo Alto 14151329-2313 {voicel Dr {41513ZS·1'99 (TODi.
PfJRCHASI"'4G ADMIHlSTRA TION~ Afhrrrunrva Action SECT K)N ooa ZO-J
~~~~~~:~~,? < .
~
AFARMATIVE ACTION GUIDEUNES o SECTION 00810
DATE: 1 - 3 1,_-_9",:.' ___ _
RACIAL MAKEUP OF REPORTING UNIT
Project Name Palo Al t.o Lu.dfi 11 Leac.~a te Ext rae t ion Evall.la t ior.
Contract' __ (Irrdjcat'S! onlV for month!y repOf't. No.3)
Three ty~s of breakd.Jwn .ne required. This f<Jrm is used for ::;Il three. ~Check-'"
f!1" -l+Permanent makeup of company. ~.2-i:Stim<=ted makeup fOf this project.
o ·3-Monthly repOil (Of" _____ , 9 __ Submit once "e. month fo{ dur~tion of project.
, = Permanent. :2 = Estimate to( project.
Be sure to include-.l1! employees jn first column, not just minorities.
required to be fin~d in and submitted with Compliance Report. . -, -
JOB Total an Female Bleck Asian
3 = Monthly only.
Nos. 1 and 2 belo ....... are
American Spanish
CATEGORIES Employees American Indian S'Umamed
Catsgory-1 2 3 1 2 3 , 2 3 1 2 3 1 2 3 1
Management
Professi ooals 7 7 3 3
Clerical-o ffica 1 1 1 1
F" .. 1cI S~rvi.or
Skilled -Us!:
a:recbcician 1 1
b_
c.
Unskilled· list:
""
b"
c.
To.ar of
Above; 9 9 4 4
The data berow should also be mcloded ~ the categories ",bove. Thi'S is fer On .. lob Training:
8. ~1ljt& cona r
b.Prod\Jction 1 1M ,. myal ~ ~ • t ... port p by c g,.-,tnsclO( en.:!' el:tCh I'ubconlnu::tru' .
TM brm ·Spet1ilah Sum.wnlKt" inc:ludill' an per.on. of M.l(an. P~r1o AitGn. eube.-., Latir. An ... W-..An ~
R~ oniy trnpto't' ... IftJOn.d' in fg...".,.1 Dfl-th .. ·job trsinir-.g pt~r9ITIl.
21 3
EQUAL EMPLOYMENT OPPORTUNITY, AFFIRMATIVE ACTION
AND
POLICY AGAINST HARASSMENT
k is tI1e polICy of Einarsen Geoscience, Inc, (EGI) 10 provide equal
employment opportunity for all appITcants and for aR EGI empOoyees. EGI does
not unlawfully discriminate on the basis of race, color, religion, sex, natiooai
origin, ancestry, age, medical oor.dijion, disability, marital status, sexual
orientation 01' vereran slaws, EGI also makes reasonable a=mmodations for
handicapped and o"'sabled individuals. This polICy applies to an areas of
employment including recruitmen~ hiring, training, promotion, compenscotion,
benefits, transfer, and sodal and recreational programs.
EGI'. polICy incIudas the provision thai no EGI employee shaR harass any
other individual on the basis of the factors "sted above. Harassment includes
verba!, physical, and visual harassmen~ soflCitation of sexual favors; unwelcome
seXlJal advances; and creatirog or maintajnirlg an intimidating or hosti~ wor1<
environment My incident of discrimination 01' harassment should De reported to
one of the managing partners who win investigate the matter My EGI employee
who violates Ws polley is subjed to discipline up 10 and indud1ng termination,
H is the re-oponsib4lity of each EGI employee to conscientiously fonow this
guideline, EGI employees with questions regarding equal ernpioyment
opportunity, affirmative actiol1 01' harassment should discuss them with one of the
,,..,,nagin9 partners of EGI.
THE HONORABLE C!TY COUNCIL
Palo Alto, California
Attachmenc. B
Attention: Policy and Services Co~~ittee
Landfill T&acbgte ExtracLion System Evaluation
Selection APpryval
Members of the Council:
Repgr1: j n B:ril.f.
Consultant
This report Bummarizes the procedure used to select a consulting
firm to conduct an evaluation of the leachate ext.raction system
(LES) at the Palo Alto Landfill and recommends one firm ~ith which
staff should negotiate an agreement. This project was among those
for which the Policy and Services Committee indicated it wished to
participat-e in the consultant selection review during fiscal year
1993-94.
Background
Under State regulations,
infiltrati~~ of water
decomposition processes}
buildup and accumulation.
leachate (the fluid generated by the
into a landfill and natural refuse
must be managed to prevent excessi "~e
In ~98B, the Regional Water Quality Control Board (Soard) issued
updated waste discharge requirements for the Palo Altc Landfill,
which included provisd.ons that leachate condit.ions at the Palo Alt.o
Landfill be evaluated and a LES be developed and installed to
manage leachate at the facility . .An inVestigation was conducted
between ~geB and 1990. which included the design and construction
of a LES at the landfill. ~e LES consists of 19 extraction wells
and associated piping, which pumps fluid out of the landfill and
tra.nsports it to a manhole where leachate is discharged to the
sanitary sewer for treatment at the Regional water Quality Control
Plant.
Upon completion of the system. a preliminary evaluation was
inconclusive as to the effects that the LES is having on lea=hate
conditions at the landfill. The City is required to submit a report
to the Board evaluating leacl-..a.te conditions at the facility, the
impacts that &he LES is having on those conditions and the LES's
ability to provide for effective leachate management.
The project has been divided into three primary tasks:
-1-
..
1. Evaluation of c~rre:;;~ leachute cC!"".dl t ions
2. Evaluati:m of LES operaticr.
"3. Develcpmeilt of alte.:.-native leachat.e mar.agemer.t st:-ategies
The third task recognizes the fact that the operation of the LES
alone may not satisfy the Board's requirements for leacr.ate
management, as the system's ability t:: withdra .... ' leachate is
restricted by a number of l~mitations that exist i!l.· landfills.
This task will deyelop alternate strQt~egies, if needed, as part of
an overall approach to leachate management at the Palo Alto
Landfill.
Discussion
Staff b~gan the selection process by soliciting interested fi~~s
that appeared capable of conducting the evaluation described above.
The firms were identified frow the Environmental Control Program;s
consultant files, which contain backgr~und information and
q~alifications of consultants who have express~d interest in
providing s~rvices to the City. A request for proposals was sent
to eleven firms.
Five of the eleven firms ~esponded by the closing date of November
16, ~993. The firms that submitted proposals were:
Wahler Associates
Emcon Associates
3E Engineering
PRA Group
Einarson Geosciences
The Selection Advisory Committee; consisting of staff from the
Public Works Department r Operations Division, reviewed the
propos.als and invited Einarson Geoscience Incorporated. 3E
Engineering, and PRA Group Consulting Engineers, to ol-al
presentations/interviews. The Committee carefully revie ..... ed each
firm's qualifications, with particular emphasis on their relevant
expErience and technical approach to the project. The Committee
recommends Einarson Geoscience Incorporated for the following
reasons :
• Depth of experience in solid waste landfill design, operation
and regulatory compliance, especially with regards to LES
design. operation ~~d evaluation.
• Familiarity "dth landfills and LES~ s that are in a similar
hydrogeologic setting as the Palo A.lto Landfill.
• Overall q'llality and experience of the consultant team assigned
to tha project.
• Thoroughness in responding to the request. for proposals.
• Demonstrated understanding of the prcject and the tec~4ical
approach to the scope of services.
-2-
.,'.
"l'
< .
• Positive recommendot:ions recei'\led frC',m previous clients.
If the Policy and servic.es Committee approves the recommendation,
contract negotiations will begin with Einarson Gc-oscience
Inccrporated. If staff is ur.able ~c reach an agr~ere~nt with this
firm~ negotiations will ther. commence ..... ith the second firm, 3E
Engineering. When the agreement has been successfully negotiated,
it ."..ill be submitted to the Citj' Council fer approval.
B.ecoi"!'m":;endations
Staff recommends that the Policy and Services Committee direct
staff to~
.1. Comm~nce negotiations with Einarson Geoscience IncorpoI'<ited
for consultant servic~s fa~ conductinq the Palo .~to Landfill
lleachate Extracticn System Evaluation.
2. Commence negotiations ..... ith 3E Engineering if staff fails to
reach ar. agreement with Einarson Geoscience Incorporated.
3. Upon successful completion of negotiations ret~ to Council
for approyal.
Respectfully submitted,
dPk~
CHIlD CENTOLA
Manager -Bnvironmental Control Programs
1'tU.cJ~ 7J. y~,,-
MICHAEL H. MILLER
!LD17~orkS
GLENN S. ROBERTS
Director of Public Works
~~
Assistan~ City Manager
Operations
-3-
,.-