HomeMy WebLinkAbout0359.094•
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June 30. 1994
THS 1I0NORABr,E CIT¥ COUNCIL
p~lo Alto, California
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ApproVAl 9f Agreement for Pr~Qnal Engineering COnsllltant Senrices
he.t.WCCIl the City of Palo Alto and KeDllf':~.LJe.[lks CQn6l11tanta tn
CQnnepHofi wah a CorrQsion Cootrol Jnyeatigatjop Study of the
~egiQnal liatflr Olla11 tY~QllU:Ql Plant,
Members of the Council:
This r.eport requests that Council approve and authorize the Mayor to.
eXecute a professional engineering consultant se:tvices agreement with
X(!nnedY!Jenka Consultants in the amount of $151,500 to. assist the City
in developing strategies for minimizing copper cO£"rosion and reducing
copper dischak:gea to San Francisco. Bay. Funds are available in the
FY 19.93-94 Wastewater Treatmenl Operating Budget.
The City's Regional Water Ouality Control Plant (RWQCP) must comply
with stringent new limits for copper and other heavy metals discharged
to San Francisco Ray. OVer one-third of the copper discharged to the
RWQCP comes from copper pipes, fixtures and industrial equipment.
Therefore, the Corrosion Control Investigation Stud.y haG been
initia.ted to develop stl:ategica for reducing the amount of copper
corrosion.
'r-hie specific study was not envisioned at the time of budget
preparation and. thel.'efore. it did not appear on the annual list of
projectB ,for consultant selecticn approval by either the Policy and
services Comrnittee or the Finance Committee. Rather" consultant
aclectlon was approved by Council at its meeting on May 23, 1994
(CMR.:289:94). Requests for proposals were sent to seven consultants.
Kennedy/Jenks Consultants were selected because their proposal and
interview demonstrated a greater depth of knowledge concerning
corrosion control in the specific water supplies used in the RWQCP
service area, and more developed recommendations for pursuing
alternative construction materials to reduce cOl'rosion were provided.
Two other proposals were received. one from Hontgomery Watson
Engineers and one from the Bentley Company.
'l'he proposed scope of work includes a series of components designed
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.'""'"'l '" ~ ,~ to refine the RWQCP R estimateo of the amount of copper discharged
through corr.osioJl~ to recom.:T'cCnd Cl.ppropriate water treatment chemicals
fo)" reducing corrosion. and to recom.'nend appropr:iate rest.rictions on.
the use of copper contairtillg construction materialo. The study is
being carefully 'coordin.nted between the Public Works and Utilitie.s
Departments becnuee .of the J.{l1portDont relationship between the water
supply, which in managed by the Utilities Depa:t"tment, and the copper
discharge, which is managed by the Public Works Department. The goal
of the study is to minimize both the corrosion of copper (a key
concern for the prot-ection of the San Francisco Bay ecosystem) and the
corrosion of lead (a key COJ1CCI:n for -protection of hUman health in the
watet' supply) .
At ·th~ time: of con'EH.lltant selection approval (CMR:289:94.) , the
approxirtiatc-cost of the study WdO $1)0.000. Coordination with the
City of San Josn llMi, l;"ElBulted 'in the identification of additional
tasKS, whi<:h are logical additions to the agreement and ""ould avoid
a second ag:lce<tent and further expenditures. Due to the common
interests of the three sewage tr~atrr".ent plant' opet"ators (San Jose,
Sunnyvale. and Palo Alt'o) in lo",,;cl:' San FJ."ancisco Ba}l~ activities such
as this are hilly coo:n"Hni;:\ted -to ensure .efficiency. These additional
t<lsks have addl?d $23.S00 to the ol"lginal cost of the study.
ReCQrrrr.endat..iQJlll
Staff reco-.'THT,end9 that COUJ1ci 1:
1. Approve ~nd authorh:o lhe Mayor to .e-xecute the attached
Agreement with Kennedy/Jenks Consultants in the amount of
$153, SOu to assist '=hc Cit.}' in developillg strategies for
minimizing copper co),'roeion.
2. Authorize the City Manager or her deai9llce. to negotiate and
execute amend~~nts tor sel~ices related to or incidental to the
scope of work or sOt:ViCCB, the total value of. \>"hich shall not
exceed $22, QOO.
Respect-fully" suhrflit.ted,
PHILIP DOB&L
Environmehtal. Compliance Division
~~-ASSist~~~·~~ager
Related CMR: 2~9: 94
JJe-.<~/ S' P4v.i4,~
GI,ENN S _ . ROBERTS
Director of Publ ic Works
Attachment: Agreement with Kennedy/Jenks
CMR:359:94 -2-
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A.JUUUUIJ.1LI
FOR
PROFESSIONAL BNGINBBRING CONSQLTANT SERVICRS
BBTIIUII TI!R CIn OF PALO ALTO lIND
IJIlINlIDY I JElIICS CONSQLTM"TS
THIS JlGR88MBNT is IMd. and entered into thi" day of
, 1994, by and bE:tween the CITY OF PAJ.,o·ALTO, a muni'~c"i-:pa:::-;l;-c;;o;;rp;:;: oration of California, hereinafter referred to a9
'C1TY,' and KI!NNBDI'/JB!lXS COIISU'LTAN7'S (Taxpayer Identiflcation No,
94-2147007), a california corporation, witlt offices at 2191 Bast
Bayshore Road, Suite 200, palo Alto, CA 94303 1 horeinaftor referred
to as ·CON'SULTM"'T II j
WUBRRAS. CITY -desires certain pl-otessional consul tant
services hereinafter described; and
WHEREAS, CITY desires to engage CONsm.TAJIT to proY.ide
these services by reaaon of its qualificatiolls and experience for
performing such services, and CONSUJJTANT haJJ offered to provide t.he
required services Oil tho terms and in the m.lnner set tOl'th herein;
NOW, THEREFO~E, in consideration of their mutual
covenant$. the par.ties hereto agree as follo~s:
II BC'l'ION 1 . !m.E!liIXlQtlS.
1.1 QI1
The term t!City' shall IMan the City of Palo Alto,
CalifornIa.
1. 2 CITX MANWIl&
'l'he term ·City Manager-shall mean the duly appointed
City Manager of the City of Palo Alto, California, or his or her
designated representative.
1. 3 crTY CLIlRK
The term 'City Clerk'" shall mean the duly appointed City
Clerk of the City of palo Alto, California., or his or her
designated representative,
1,4 RISK MANAGER
The tenn "Risk l-lanager il shall mean the duly appointed
Risk Manager of the City of Palo Alto, C.~lifornia.. or his or lleL'
designated representative.
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1.S PRWSC'!'
The term "Project n shall mean the services and
improvements, if any, described in Exhibit ~An entitled ·Scope of
Project and Time Schedule,' attached hereto and made a part hereof
by this reference.
SJ>.cr.tQlL2 -PROJECT COORDINATION
2.1 s::In::
The City ~o1anager shall be representative of CITY for all
purposes under this Agreement. PHIL BOBEL is designated as the
Project Manager for the City Manager. and he or she shall Bupetviee
the progJ:'esB and execlItion of this Agl"eement, and shall be assistE!d
by KELLY D. rroRAN, the Project Bngineer.
2.2 CONSULTANT
CONSULTANT shall assign a single Project Director to have
overall responsibility for the progress and exacut.ion of this
Agreement for CONSULTANT. JOHN RAYNER is hereby designated as the
Project Director for CONSUL'rANT. JOHN WYCKOFF shall be assigned
as proj ect Coordinator fDr CONSULTANT and olmll represent
CONSULTANT during the day~to~day work on the project. Should
circumstances or conditiono subsequent to the execution of this
Agreement require a substitute Project Director or Project
Coordinator for any reason the Project Director or project
Coordinator designee shall be subject to the prior written approval
of the ProjeCt Manager.
$ECTION 3 -=-!l.(X?PE OF PROJECT
The scope of the Froj ect to be executed by CONSUI,TI\lIT
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 -DUTIES OF CO~ll!IT
4.1 ~IC SERVI~
Unless otherwise indicated~ CONSULTANT shall perform each
task and accomplish each obj cctive described in t.he study plans
sUIT"Il'!"Iarized and more particularly described in Exhibit A,
CONSULTANT/s Basic Services shall be furnished as described in
Exhibit A_
4 • 2 ~!ffiRlI), PUTI ES OF CQIl£ULTAlIT
';.2.1 CONSUI,TANT represents that it has the
expertise and professional qualifications to furnish the services
described under this Ag:t'eement. CONSULTANT further declares that
one or more members or employees of its firm and that of its
sub consultants , if any, are licensed by the State of California to
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perform their services and that these services will be performed by
them or "under. their Bupervision. CONSULTANT shall furnish to CITY
for approval, prior to execut~on of this Agreement, a liBt of all
firms or corporations to be employed as Bubcons1.l1tants.
4.2.2 CONSULTANT states that it io aware of the
requirements of the federal Americans with Disabilities Act of
1990, and the Government Code and 'the Health and Safety Code of the
State of california, relating to access to public buildings and
accOMnOdations for disabled persons. and relating to facilities for
disabled persons. CONSULTANT shall comply with such provisions in
carrying out the terms of this Agreement.
4.2.3 CONSULTANT shall furnish CITY with every
reallonable opportunity for Cl'ry to ascertain that the services of
CONSULTANT are being performed in accordance with the requirements
and intentions of t.his Agreement.
SRC'rrOli L-:. DlI'l'lBS 01' CrTY
5.1 CITY shall provide full information regarding its
requirements for the Project.
5.2 CITY shall examine docwoents submitted by CONSULTANT
and shall render decisions pertaining thereto promptlYt to avoid
unreasonable delay in t~H:: progress of CONSULTANT' B work.
5.3 CITY shall furnish all Buch infonoation as are in
CITY's files or are at its disposal.
5.4 CITY shall furnish all services listed in Rxhibit A,
providing sufficient notice is given by CONSULTANr.
5.5 The services, information, tmrveys and repor.ts
required bypara!!raphB 5.1 and 5.3 through 5.4 incluSive "hall oe
furnished at CI'Y''i's expens,e, and CONSULTANT shall be entitled to
rely lipan the accuracy thereof.
, 5.6 If crTY observes or otherwise becomes aware of any
fau\t or defect in the Project or nonconformance with the contract
d.ocuments, CITY shall give prompt written notice thereof to
CONSULTANT.
5.7 CITY shall furnish information required by CONSUL
TANT as expeditiously as possible.
SECTION 6 . PAXMBNT
Payment shall be made by CITY 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 payment described in this section.
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In consideration for the full performance of the Basic
Services and reimbursable expenses described in Section 4.1 of this
Agreement, CITY agrees to pay CONSULTANT a fee not to exceed
$153~SOO for the Study.
. 6 . .1.1 SUbCQOBultantB. Fees for subconsultants,
hire1 directly by CONSULTANT, shall be approved by CITY in advance
of incurring such fee8~
6.1. 2 For Extra Work or Cbangrul. Payment for
extra work or changes in the work not initiated by CONSULTAtIT and
authol'i2ed in writing hy the Project ~sallager shall be made within
thirty (30) days of slJ.lY,ni.sioll by CONSULTANT of a statement in
trlplir.ate of itemize::! costs covering such work. Prior to
comr.encing such extr.(l work: or changes, CONSULTANT and CITY shall
agree ~Ipon an estimated not· to-exceed cost for such extra work. In
no evant sh;;\ll CONSULTANT be paid for design work Ot· change order
preparation which is necessaty because of CONSULTANT' 9 errors or
ovel'sighta.
6.2.1 For Basic Set:Y~, Payments for the
Hasic Sel~iceD ghall be made in progress payments in proportion to
services performed in accordance with .Exhibit B.
Final pa}mcnt shall be made by CITY after CONSUL'l'ANT has
submitted all requit"ed reports and received approval thereon from
CITY.
6.2.2 R~~~~. No deduction. shall be made
from Co'NSULTAlIT' B compensation on account of penalty, liquidated
damages, or other sums withheld from payments to contractors.
{). 2.3 ~nt lIpon SUSpe1lsion or AbandQnment of
Pi'Qiect. If the Project is suspended for more than three (3)
montha oX' abandoned in whole or in part, CONSULTANT shall be paid
its Compensation for services performed prior to receipt of written
notico from,CITY of such suspension or abandonment, together wit.h
additional and reimbursable expenses then due, !f the Project is
resumed aftc:l.' being suspended for more than sixty (60) days, any
change in CONSUI,TANT's compensation shall be subject to renegotia"
tion and, if necessary, approval by the Palo Alto City Council (the
·City Council!). If this Agreement is suspended or terminated for
fault of CONSULTANT, CrTY shall be obligated to compensate
CONSULTAN"r only for that portion Of CONSULTANT's services which are
of bane{it to CITY, as such determination may be made by the City
t-1anager in the reasonable exel'cis8 of his or' her discretion.
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SECTION 7 • PROORI!SS AN!) CO,'IPLBTION
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The term of this Agreement sh6.11 corrrn.ence \lpOn its
execution by Cl'tX'. Following r~ceipt of a Notice to Proceed,
CONSULTANT shall corrrnence work on initial tasks of study in
accordance with the time schedule set forth in Exhibit 1\. Work on
subsequent tasks shall ptoceed in {!'ccoruance 'With the time
schedule.. The parties horeto agrEle that time is of the eBsence of
this I\greerr~nt. This Agr~meGt shall terminate July 1, 1996.
7.l TIMR OF COMPLE1'IOlI OP gAel! P/lMJl
CONSl]['TANf a~rees to perform the phased services within
the time limits set forth in Bxhihlt. A provided. ho .... eve-r. that any
change in the scope of services or other changes due to CITY' B
operating requirements, or in c.onnection 'Wit}' other contractors' or
consultant&,' operations. rr",)' require a rev.lBed tift'€! table.
CITY ag:teea to ex~rcigf: due diligence in performing itD
taSKS to implement CONSUL'l'/lNT',; time table provided under
Bxhibit 1\.
Between each phase of work there shall exist a review and
approval period by Cny. CITY "hall exercio. due dlligonce to
complete these tasko; ho'We .... er, it is recQ9ni-zed that the
interrelated exchange of infonnatlon among CITY's various
departments makes it ilnpossible to set a specific t,ime schedule.
Normally, CITY's estimated period of review and approval will be
furnished to CONSULTANT at t.he time Of Bubrnission of each phase of
the work.
7.4 IillTIlli.SJ91LQP TIm OF CQ!1PLllTXON
In the event the services called tor under this Agreement
are not completed by CONSUl.TAlrI' within the time specified, CITY
shall have the option to extend the till'\e of completion. This
paragraph does not preclude the recove~ of damages for delay of
either party.
CITY may order major changes in _scope or _character of
work, either decreasing or increasing the amount of CONSULTANT's
services. In the event that such changes are ordered, CONSUl,Tl\NT
shall be entitled to -full compenBation for all work performed prior
to receipt of notice of change~ Increased compensation for major
chang.es shall be determined in accordance with Section 6 of the
Agreement, but in no event shall CIT¥ be liable for payment un) eS9
the amount of such extra compensation shall first have been agre.ed
to in writing by CITY.
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In the event that major changes are ordered pUl'suant 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 <XlNSULTANT
and CITY I subject to approval if necessary by tho City Council.
Sl1CTION 9 -TERMINATION OR ~'{$lQH....oLAGRlWllttn:
9. 1 ~ELLATIQN BY CONliIDabIIT
CONSULTANT may terminate this Agreement or suspend work
on the Project by providing thirty (30) days' written notice
thereof to CITY, but only in tile event of substantial failure of
performance by CITY or in the event CITX abandons or indefinitely
postpones the Project.
Without limitation to such rightB or rcrnedics .as CI'T't
shall otherwise have by law, CITY may tel.lninate this Agt-eer:leut or
Buapend work on the Project with or without cause, hy providing
fifteen (15) days' written notice thereof to CONSUI,TAN'l', or
inwediately after submission to CITY by CONSULTAN'r of any· co.."!'.pieted
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.
9 , 3 (.'QMPBNSA.'UQN--.OE CONSlILTNIT..IN TH B S'lIUiLOE
l:II!l.!ilNATlQlLQP THIS l\GRBEMB/ff
In the event of termination of this 1\greement or
l'Juspension of work on the Project by either CITY or CONSULTAN'f as
provided herein, CONSULTA~ shall receive compensation as fQllo~8!
9.3.1 For approved items of servlce under
Section 4 of this Agreement, compensation shall he in the arr~unt
outlined under Section 6 of this Agreement for the items of service
fully performed by CONSl1LTAlIT.
9.3.2 FOl" items of service on which ~ Notice to
Proceed has been issued by CITY, but which have not bean fully
completed and approved, CONSULTANT shall be compensated for the
aetvice in an amo'lmt which bears the same ratio to the total fee
otherwise payable for the perfoxmance of the sel.vlce as the service
actually rendereq bears to the total service neceesary for the full
perfo~nce of the it~n of sel~ice.
9.3.3 In no event shall the total compensation
paid in the irronediately preceding pa<:agraphs exceed the payment
specified in Section 6 for the respective item.':; of service to be
furnished by CONSULTANT.
9 _ 3.4 Notwithstanding anything in t.he preceding
paragraphs,"upon termination for fault of CONSULTANT, CITY shall be
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obligated to pay for only that portion of the service which can be
incorporated in the Project.
9 • 4 DUTlIlS OF CITY lIN!) (,ONSWl1I!IT
Upon temination of this Agreement or suspension 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
hereinabove, shall terminate.
SECTION 10 • CQNS~UNTING RllCORDS
Records of the following expenses pertaining to the
Project shall be kept by CONSULTANT in accordance with generally
recognized accounting principles and 8hall be made available to
CXTY at mutually convenient times during the term of this Agreement
and for three (3) years following the termination of this
Agreement:
(a) Direct per£:lOlUlel expenses, including consultant
expenses. (See Section 6 of this Agreement.)
(b) Expenses pertaining to Additional Services. (See
Section 6 of this Agreement.)
S~cr!oN 11 • OWNERSHIP OF DOCUMENTS
11.1 QWNBRSHIP OF ORIGINAL ~~XS
Subject to the provisions of Paragraph 11.2 below, the
original drawings, maps, plans, designs, records of survey, work
.j data, specifications, and any other documents prepared by
CONSUL'rANT in the performance of this Agreement, although instru
ments of professional service, are and shall be the property of
CITY whether the Project for which they are made is executed or
:; not.
11.2 TRANSFER TO CITY
Upon termination under Section 9 of this Agreement a.nd
upon CITY's payment of the amount required to be paid under same
section, the originals of all drawings, calculations,
specifications and any similar documents shall become the property
of CrTY, and CONSUI,TANT shall transfer them to CrTY J upon request,
without addition~l compensation. CITY shall have the right to
utilize any completed or uncompleted drawings I estil'M.tes,
specifications, and any other documents prepared hereunder by
CONSULTANT.
SECTION 12 . INTEREST QF CONSULTANTL_CONS\l!.iffi!IT
rNDEPENDENT OF CITY
In accepting this Agreement I CONSlfLoTM1T covenants that it
presently has no interest, and shall not acquire any inter:est.
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direct or indir,ect, financial or otherwise, which would conflict in
any manner or degree with the performance of the serviceA here
under. CONSIJLTANT fUl"ther covenants that, in tl'fe perfortl'\a;nce of
this, Ag:."eernent. no subcontractor or person having such an' interest
shall b? employed. CONSULTANT certifies that no one who has or
will have any financial interest under this Agreement is an officer
or ~mployee o~ CITY.
It is expressly agreed that in the perfonr\ance of the
profes.sional services required under this Agreement CONSULTANT, and
any of il;.s subconsult:ante or employees, shall at all times be
considered independent contractors and not agents or employees of
CITY.
S BCTI OILD • O!ITS lOll CONSlU,T ANT$.
CONSULTANT shall be responsible for emo1oying all outside
consul tants {subconsultants) necessary to aid CONSUf!rANT in the
performance of the services listed in Section 4 of this Agreement;
provided. however, that all such Bubconsultants shall receive prior
approval of CITY in writing and ehall relMin acceptable to CITY
d\lring the term of this Agreement.
$.ru;,'ION 14
CONSULTANT agrees to protect, indemnify, defend and hold
harmless CI1'Y, its Council members, officers, agents and employees
from _any and all demands, claims. or-liability of any nature,
ir.cluding death or injury to any person, property damage or any
other loss; 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 which
the law may impose strict liability on CONSULTANT in the
performance of or failur~ to perform its obligations under this
Agreement.
SECTION 15 • INSUlWICl)
15.1 INSVRANC8 COVR&AGE
CONSULTANT, at its Bole cost and expense, shall obtain
and maintain, in full force and effect throughout the entire term
Of th~s Agreement, the insurance coverage described in Exhibit ~C"
to this Agreement, attached hereto and made a part hereof by this
reference, insuring not only CONSULTANT and its 5ubcontractors, if
any, but also, with the exception of workers' compensation,
employer's liability and professional liability insurance, naming
as additional insureds the City of San Jose and CITY, their Council
members, officers, agents and employees, and I?a.::!h of them,
concerning this Agreement and the Project.
All insurance coverage required hereunder shall be
provided,thzough carriers with an A. M. Best & Company rating of
A:X or higher that are admitted to do businefls in the State of
California. Any and all subcontractors of CONSULTANT under this
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Agreement shall obtain attd maintain j in full force and effect
throughout the term of this AgreeIT'rl3nt j identical insurance
coverase~ \lith CITY' natl'.e:d ae additional insured ullder such policiea
as required above.
Certificates of such inourance, preferably on the forms
provided by CITY, .~.ll Q' filed with CITY concurrently with the
execution of this Agreem(!nt. The certificates sha.ll be subject to
the approval of .the Risk ~sanager and ailall contain an endorsement
stating that the' 1naut"ance is pt'lmary coverage and will not. be
caucelle<\ or altered by the insurer except .fter fHing with the
City Clork thirty (0) days' prIor written notice of such
cancellation or alterat iOll, and that the City of Palo Alto and the
City.of San Jose are named as additional insureds except ill
policies Of workers' com~noation. employer's liability. and
pl"oCessional liability insurance. CUrrent certificates of such
insUl::ance sh~ll be kept on file at all times during the term of
this Agrcerr,ent with the, City Clerk.
15 . 3 NQ kIN! T Of I,ll\!! ILtlJ'Y
'rne procuring of such L-equh-ed policy or policies of
inS\lrcU]ce shall not be constl:ued to limtt CONStJiJ TAN'l'i s J.iability
hereunder 110t' to fulfill the indemnification provision and
requir.emellto of this Agreement under Section 14 hereof.
Not"..-ithstanding Baid policy or policies of insurance, CONSULTANT
shall be Obligated fol." the full and total amount of any damage,
injury. -. or loss caused by the services performed under this
Agreement~ including after the Agreement has terminated or expired.
CONSULTANT, by executir)9' this Agreement. certifies that
it is aware of the provisions of the Labor Code of the State of
California which require every employer to be insured against
liability for workers' c~~n8ation or to undertake self-insurance
in accordance w1t~ the provisions of that Code, and certifies that
it will compl)'. with such provisions before. conmencing the
performance of the work under this Agreement.
MY errors, omissions, or ambiguities in the contract
doc~~nts which are discovered befo~e the Project is invited for
bid shall be corrected by CONSULTANT without cost to CITY.
CONSULTANT services required to make chaitg-es in construction
resulting from errorB, omissions. or ambiguities in the contract
documents which are discovered after the contract is awarded shall
be perfoL~ed by CONSULTANT with9ut cost to CITY only insofar as
they result in unnecessary or Ilon-beneficial changes in
construct.ion. CONSUUfAN'l' services required to make changes in
construction reBulting from errors, omissions, or arrobiguities in
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the contract documents which are discovered after the contract is
awarded shall be performed by CONSULT~r and shall be paid for by
CITY ol!ly insofar as they add benefit to the construct.ion work.
~QJ:U...e. -Ali!)ITS
CONSUI"TAN1' agrees to permit CITY to audit. at any
reasonable time during the term of this Agre~..mont and for three (3)
years thereafter, COnSULTANT"s records pertaining to matters
covered by this Agreement. CONSULTANT fu~ther agrees to maintain
such records for at least three (3) years after the termination of
this Agreement.
M.crI.QN 19 -MRSRMlrnT_IW!JU.lli:i
The terms, covenants, and conditions of this Agreement
shall apply to, and shall bind, the heinl, S\lccesEJors r eXeCl.ltors,
administrators, assigns, and suocontractors, 8,8 tho case rr-ay be~ of
both parties.
s.RcrWJLl.L:..1iQ1!il.S~lGJ!@ 1 hl.n:
20. 1 !''!U!ID.llil\lL.S1;R'l.[Q1~~_Ql!SI!1Ll'A!rr
Both par.ties hereto recognize that this AgreeJnent is for
thfl personal selvices of CONSULTANT' and cannot be tr-anafsrred.
assigned or subcontracted by CONSW1TANT without the prior wr.ltten
consent of CITY.
CONSULTANT shall be responsible tor employing 01." engaging
all persons necessary to perform the services of CONSlJIJTM"'T
hereunder. No Bubconsultant of CONSULTANT will be recogni"ted by
CITY as such; rather I all eubconsultants arc deel'M'd to be E',..'TIploye~s
of CONSULTANT, and it agrees to be re5ponsible for their
perforn.ance. CONSULTANT shall g.iVG ita personal attentiOJl, to the
fulfillment of the provisions of this .A.9re~ment by all of ita
employees and sub~con8ultanttJ, if any, and shall keep the 'Work
-under its control~ If any employee or'oubconsultar.t of CONSULTAN1'
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 .It.greernent on demand of CrTY.
s
It is mutually understood and agreed by and between the
parties hereto that CONSULTAh"T is skilled in the professional
calling necessary to perform the work agreed to be done hereunder
and that CITY relies upon the skill of CONSUI,TANT to do and perf.orm
the work in, the most sk.illful manner, and CONSULTANT agrees to thus
perform the work. The acceptance of CONSULTANT' B work by CITY does
not operate as a release of C~NSULTAhnr from the obligation.
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.s&QnON 22 -WAIVERS
The waiver by either party of any breach or violation of
any term, covenant, or condition of this l' .. greement or of any
provisions of any ordinance or law shall not be deemed to be a
waiver of any such term, covenant, condition, ordinance, or law or
of any subsequent breach or violation of the same or of any other
term, covenant, condit.ion, ol:dinance or law. The subsequent
acceptance; by either party of any fee Ot' other money which rr.ay
become due hereunder shall not 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 ordinflnce.
S!1CTION-ll. -NO IMPLIR!Ll!AIYR&
NO payment, partial payment, acceptance, or p.. .... rtial
acceptance by CITY shall operate as a waiver on the part of CITY of
any of its rights under this Agreement.
The prev-'dilifig party in any action brought to enforce the
tenns of this Agreement or arising out of this Agreement !flay
recover its reasonable costs and attorneys' fees expended in
connection with such an action from the other party.
SRCTION 25 -NONPISCRIMINI\'Ulllil....£HI!A!.in:
25 _ 1 DJ!IL.Q.LCQNSULTIIlIT
No discrimination ahall be made in the employment of
persons under this Agreement hecauae of the age, race, colo1:,
national origin, ancestry, religloll, disability, sexual preference
or B~X of such person. If the value of this A9reement is, or may
be, Five Thousand Dollars ($5,000) or more, CONSULTANT agrees to
meet all requirements of the Palo Alto Municipal Code pertaining to
nondiscrimination in employment, including completing the
~Compliance Report--Nondiscrimination Provisions of City of Palo
Alto Contracts· on the ,form furnished by CITY, attached hereto as
EXhibit ·0' 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:
~Provider shall provide CONSULTANT with a
certificate stating that he (or she) is
currently in compliance with all Federal and
State of california laws covering
nondiscr.imination in f.ullployment; that he {or
she) will pursue an affirmative course of
action as required by the Affirmative Action
Guidelines of the City of Palo hlto; and that
he (or she) will not discriminate in the
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employment of any person under thifl contract
because of the age, race, color, national
origin, ancestry, religion, disability, sexual
preference or sex of such person."
25.2 PBNALTY ...FOR DISCR!MINAT.IQli
If CONSULTANT is found in violation of the
nondiscrimination provisions of the State of California Fair
~oloyment Practices Act or similar provisions of federal law or
executive order in the performance of this Agreement, it shall
thereby be 'found in material breach of this Agreement. Thereupon,
CITY ahall have the power to cancel 0+ suspend this Agreement, in
whole o~' in part, or to deduct from the amount payable to
CONSUI.TANT the Bum of Twenty-Five Dollars ($25) for each person for
each calendar day during which such person was discriminated
against, as damages for said breach of contract, or both. Only a
finding of the State of California Fair Employment Practices
corMtission or the equivalent federal agency or officer shall
constitute! evidence of a violation of contract under this section.
If CONSULTANT is found in violation of the
nondiscrimination provisions Of this Agreement or the applicable
C\f.firmative action guidelines pertaining to this Agreement,
CONSULTANT shall be found in material breach of this Agreement.
The:ceupon, CITY shall have the power to cancel or suspend this
Agreement, in whole or in part, or to deduct from the amount
payable to CONSULTlLNT the sum of Two Hundred Fifty Dollar. ($250)
for each calendar day during which CONSULTANT is found to have been
in such noncompliance as damages for breach of contract, or both.
Upon agreement of the parties any controversy or claim
arising out of or. relating to this Agreement may be settled by
arbitration in accordance with the Rules of the American
p.:rbitration Associat.ion, and judgment upon the award rendered by
the Arbitrators may be entered in any court having jurisdiction
thereof.
SECTION 27 -~.s.
All notices hereunder shall be given in writing and
mailed~ postage prepaid, by certified mail, addressed as follows:
1'0 CITY: Office of the City Clerk
Post Office Box 10250
Palo Alto, CA 94303
To CONSULTANT: Attention of the project Director
at the address of CONSULTANT recited above
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SBCTION iL:.... ALL coyRNANTS ARB CONI)ITIQNS
All provisions of this Arrreement are expressly made
conditions,
.s.RcrION 29 _ AGRBBMIlNT CONTAlliS... . .A!ili lIllPERSTANPING.l1.:.
'rhie docwrrent represents the entire and integrated
agreement. between Cln and. CONSULTANT and supersedes all prior
n&gotiations, representations, and agreements l either written or
oral,
This d")cu.ment may be anumded only by written instl"Ultlent,
signed by both 'in'\, and CONSULTANT,
Sll.<:llQlL J.Q •• ,_OOYll.Rlli.lID....Mli
'l'h1.9 Agxcement shall be governed by t~le laws of the State
of Califoxnia.
IN Wrl'NBSS WHBREOF. the parties hereto have executed this
Agreement the day and year first above written.
A'ITRST,
City Clerk
APPROVED AS TO f'ORI1:
senIo.' Mat, City Attorney
APPROVED:
City Man.ger
Director of Finance
R10k Manager
Attachments:
RXHIBIT -A"
EXHIBl'.I" -B'"
BXHIBIT -C"
BXHIBIT .t>;DI
C1TY OF PALO ALTO
H"yor
SCOPB OF PROJECT & TIME SCIlBDULE
RATE SCHBDULE & PA'fMIlN'r SCHEDlILE
INSURANCE
NONDISCRIMINATION COMPLIANCE FORM
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CALIFORNIA ALL.PURf>()ACKNOWLEDOMI!NT
Siale of __ 6ui[1h:lll0:-___________ _
County 01 _ ~_h __ QJMO-.
On ;June-J% r'fttf __ !>afOfe me, _~o.-A -r rd-1M\l11),1~11Jl.M,(.
()oI.lE ~ T'\\l(~(>OXV.·(Il.·J~J'O::<;« NQ!AAT~.:J
persona! Iy appeared _____;Jb l1!1._J:L_=0: . >:'/' ________ ____________ . . ,·~~15~~ rp personally known 10 me • OR -0 proved 10 me on Ihe basis 01 satisfaclory ovldence
10 b~ Ihe person~ whose name(&j~
subscribed 10 Ina within inSliumon! and ac
knowledged 10 me Iha~execuled
Ihe sarno in ~ aulhorlzed
capacily('&&). and Ihal bY~ir
signalurel&) on lhe Inslrumenl Iho p8rson~,
or Iho enlity upon bohall of which Ih.
person!<l) acled. execllied Iho inslrument.
WITNESS my hand and oHicleJ seal.
_ /'~~fL~~ _____ _
~<;. .... ,,~~ OF t.t.)~AAr
.. -,--..... ----.. OPTIONAL ----------
Thoog.'lll\.e dati'} be»w is noI ft'ql.WEXf by [aw, i1 r1\3y PiG'it"! 'Vil1uat>:'30 I<l P<!lY..o~ le/yl(~on 11\(1 d<xumelil sod coo)d p1"8VCfrl
fraudulent u;.,atlactvn.e{ll 01 Lt.s '()rT)).
CAPACITY CLAIMED BY SIGNCR
o INDIVIDUAL o COAP<lAA T£ OfAC€R
o PARTNER[S) o l ... .,.ED o GENEAAl o ATIORNEY·IN·'ACT o TAUSlEE(S) o GUA.qDIA'<iCONSEAVATOA o OllfEA, ______________ _
SIGNER fS REPRESElfT1HG:
w..vt:~~'SjMomlY(f~
OESCRIPTION Of ATTACHEO OOCUMENT
rm.e OR TYPE Of DOCUMEUI
NUMBER OF PAGES
DATE OF OOCU.I,~ENT
-----------------~ -------------.
-------,.------------------,---SIGNEAIS) OTHER THAN NAMED A'BOVE
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ElClIIBl'I' II. SCOPE OF PROJECT & TIHE SCIIEDULE
CORROSION CONTROL IIIVESTIGIITION
COHSULTAN1.; will conduct the fQllo .... inq tasks und~r the direction of CITY:
Phase 1. prepare a detailed Nork Plan:
CONSULTANT shall prepare a Work Plan describing the detailed
tasks and Gchedule tor pe:rforminq the worK required to answer
the questions contained in Phase 2 {belol·,!). The Wor);: Plan
shall be sUbmitted to thQ city within 20 days of tho affective
date of the Notice to Proceed issued by the City and shall be
executed upon approval by th~ city.
Phase 2. Conduct Investiqation of corrosion
CONSULTANT sh~ll conduct investhT:.lt.ions needod to answer the
following questioils and perform the following tasks:
Task 1.
Task 2.
How much copper corrosion occurs in heat exchangers,
cooling systCnlS, and recirculatin'1 hot ~t\ter systcns In
the service area of the RWQCP?
An estimate of both the corrosion rate anticipated i,J
such systems and the amount of such piping wi 11 be needed
to answer this question.
The COUSULTANT shall ... ·ork with and at the direction of
the City of Palo Alto in per!or~ing this task. A }:cy
issue will be to develop a database of facilitIes in tho
service area that have heating and/o:t" cooling syslc:ns
that may be of concern. The Consultant's effort on this
t~sk shall be limited to $25,000 unless an additional
amount is authorized by tha City. At the conclu:don of
this task the CONSUL~ANT shall prepare a technical
memorandum summarizing the task efforts, rosults and
conclusions.
Using information trom the santa Clara Valley Wat.er
District Study, the results from the San francisco Water
Department Study' and the results from the Reiber Cell
testing that will be performed as part of this task, what
changes, if ~ny, should be made to the coppor corrosion
estimates made by Montgomery Watson for the city in the
January 11 1994 Local Limits Development Report?
The copper corrosion estimates made in the January 1,
1994, report may need adjustment for soveral reasons.
First, the Santa Clara Valley study and San FrancIsco
dat~ was not available. Second I the amount of copper
pipe or equipment in different faci lities WoCIS not taken
into consideration. Third, differences in re5idential,
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Task 3.
commercial and industrial use (and possibly other unique
differences among the RWQCP cities) were not taken into
consideration. A new estimate taking these factors into
consideration is td be prepared.
To measure the existing corrosion rata of old copper
pipin~(, !lind the corrosion rate once an inhibitor has been
added to the system, the Consultant shall perform Reiber
Cell tests using existing piping copper piping-and water
trom the Palo Alto service area. Data for cold water and
hot water systems shall be developed utilizinq Reiber
cells with cold and hot water piping.
For the Reiber Cell tests two test loops shall be
utilized, in one lOOp cold water corrosion will be
monitored and in the second loop hot water corrosion will
be monitored. In each test loop there will be five pipe
specimens. Three of the pipe specimens will be eXisting
pipe taken from the Palo Alto syste:rn and t.wo of the
specimens will be new pipe. 'The CONSUL'l'ANT shall select
the locations where the SpeCilt'lenS of eXisting hot and
cold wat.er piping will be obtained. The CITY shall
physically remove the pipe specimens from the existiny
pipinq systems and t"epair the piping.
Using the Reiber Cells an initial evaluation will be made
to determine the eXisting cOJ:"rosion rates ~ith existing
samplE.<s of palo Alto water. I-lith respect to water
chemistry, all evaluation will be made to determine the
optimum pH and alkalinity for the Palo Alto water to
inhibit copper corrosion in the test loops. Once this
evaluation is complete, a determination of the optimum
amount of orthophosphate addition to limit copper
corrosion at the previously determined optimum pH and
alkalinity will be rni:\(le.
At the conclusion of this task the CONSULTANT shall
prepare a technic~l m~morandum that describes the task
efforts and results and includes recommendations for
l"evi~ions of the copper cor.rosion estimates made in the
Mont,gomery watson 1994 Local Limits Development Report.
Should 'the city of Palo, Alto commence adding a corrosion
inhibitor to its water supply based on the" results of the
santa Clara Valley Water District Study and the San
Francisco Study?
CONSULTANT must explore carefully the pros and cons of
the City taking early action on corrosion inhibitor
addition and prepare ro~ommendations.
CONSUI ... TANT must conduct the following investigations in
order to provide the overall recommendations in answer to
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the above question:
Subtosl< 3.1
Subtask 3.2
subtask 3.3
Based upon studies being conducted by the
Santa Clara Valley Water District and San
Francisco in response to EPA·s Lead and
Copper drinking water rule, determine the
optimum corrosion inhibitor,s) for the
minimization of copper corrosion.
Determine whether different inhibitors or
doses would be used if the objective were
only to meet the requirements of the Safe
Drinking Water Act. Estimate the
difference in reduction of copper that
would occur between the two scenarios, if
any. List the positive and negative
aspects of each and recommend a course of
action. Include the input of the U.S.
EPA, state water supply officials, and the
Regional Water Quality Control Board.
The optiT,lal inhibitor identified in this
subtask will DB utilized in the Reiber
Cell evaluation which will be performed as
part of task 2 above. The optimal dosage
of this identified corrosion inhibitor
will be established as part of the Reiber
Cell evaluation.
Determine what plans the city of San
Francisco has to increase or modify the
use of cor~osion inhibiting chemicals.
Obtain dosage and schedule information and
dc.te,rmine the extent to which chemical
addit.ion by Palo Alto could further reduce
copper levels. Obtain corrosion related
dat& and information developed by the City
of San Francisco.
Identify data from other jurisdictions
where the selected corrosion inhibitor(s)
arc in use and, summarize performance and.
cost data. Determine what, if any,
problems have occurred in adding the
inhibitor. Determine \~hether these same
pl."oblems would likely OCC~1r if the
inhibitor Were added in Palo Alto.
Data will be gathered on:
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Inhibitors used and feed rates
Capital and operating costs
Reduction in copper pipe
corrosion
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Subtask 3.5
Subtas}:: 3.6
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Impacts on other requirements of
the Safe Drinking Water Act
Other impacts on the water
syste~ operations.
This subtasK will be d~veloped by
reviewing the national datab~se that Dr.
Raiber is developing for AWWA Research
foundation Qn corrosion practices;, and
eaking follow-up contacts with five
selected com~unitics.
Explore the feasibility of using Palo
Alto's existing tour chemical addition
stl!lit.lolls to add the corrosion inhibitor.
Doter~inQ ~hat Additional equipment would
be ,needed and the cost of that equipment.
Oeter~il\e 'Whether the chemical would be
added 1n 'Wet or dl::y form, what the dosage
liould bo, ... ·hat the chemical would be, and
vhRt the capital and oporating costs would
ba, It' several options are available,
present tllem.
SUI':'.marize the available literature on the
public health effects of the available
corrosion inhibitors at the potential
dosages. Include cancer data and data on
other diseases or-public health problems.
~'t the conclusion of subtasks 3.1 through
3.S the CONSULTANT 5hall pr~pare a
technical rncmorandU1\\ that surnr.1.arizes the
subtask efforts and results.
Should tho city of palo Alto and the City of San Jose
restrict the use of coppor or brass in new construction
associated with any of the following:
i) heat exchangers and cooling systems in
commercial ar.d industrial facilities;
i1) rec1rculatjnq hot water systems in commercial
and industrial facilities;
iii} hot wat~r or cold ..... dtor piping (other than the
above) in commercial and industrial facilities;
iv) only non-potable water piping in commercial and
industrial facilities;
(v) hot and cold \.la.ter piping systenm in
rosidential construction; and/or
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(vi) faucets in residential construction?
As part of ... ·ol"k to respond to the above question,
conSULTANT shall idontify and describe tho following ~bout
piping types thilt, are currently cot'll.monly used in
rosidential, cornnercial and industrial construction:
• COl"M'lO,n piping type-naFles and Materials;
• apprQxi~ate typic~l copper, zinc, and nickel
content;
• curr~nt allowable and prohibit~d uses;
• current and historic typical USGS;
• qlHHu:al pros and cons relating to U!le of the
piping type (a.g., slllfet~'r ott;se of
installation, ~aintenance requirements}; and
• approxi~ate relative costs of use 1n comparison
~ith other piping types, considerinq costs of
the product itself, installation, naintenance,
t'alhtre rate, and lifetit"....e.
The CONStJJ .. TANT shall conduct a Reiber cell tost using a
pipe loop containing new copper pipe, old copp~r pipe and
brass pipe. The brass' pipe l"laterial .... ill be the sane ",I
brass mater .\al that is used in faucets. ~· ... ter {ron. tllC
city of' San Jose's groundwater sources ·",ill be utilizect
for this te~tin9. The p\lrpos~ of this testing will bo to
determine the coppet· leaching rate (ron brass In faucets.
Based on this infor~ation probablo benefits. of bra<Js
restrictions can b~ deter~ined.
The CONSULTAlIT shall prepare a brief preli!Olir.-,n·~'
:r.ernorand{lm by Aug'ust 1, 1994 describ.i.nq residential piping
and faucet options that arc being investigated and
presenting a pr.eliminary non-quantitativo analysis of
benefits and dotriments.
COtlSULTANT shall prepare a toachnica 1 n·e7florandu'it that:
includes an analysiS of potential c.()pp~r pipinq and fau~J.lt.
use restrictions that weighs the benefits of copper piping
and faucet installation restrictions against the probable
costs to the community and the potential non-monetary
effects of such a restriction!l. The analysis shall
include an estimate of the annual increment of corrosion
related copper discharge reduction that would occur under
the above scenarios 'i) through (vi). The technical
memoranduTn shall be :teviewed by both the Cit.y of Palo Alto
and the city of San Jose. Co~ents will be returned to
the CONSUL1'ANT for consideration.
The CONSULTANT shall attend four public Deatings which
will be used as a forum to introduce the recornrftendations
for any copper pipin9 or faucet. restrictions to the
r-ublic~ 'The CONSULTANT shall be prepared to prcs~nt the
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recortimendations of the technical memorandum at t.wo of the
public meetings.
prepare Report
CONSULTANT shall submit ,to th.e city on December 1, 1994 a
dr.aft report containing the results of the investigations
and recommendations described in Tasks 1 through 4 above~
'rhe City shall have two weeks to review the draft roport
and the final report shall be subr,iittcd on February 1,
1995.
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Client/Address: City of Pi. J A1to
r' ,:mnedyfJenks Consullents
Civic Center. first Floor
250 Hami Iton Ave., P. O. Box 10250
Palo Alto, CA 94303
CoolracVp,oposal Dale: Apr i I 12, 19901
Schedule of Charges
Personnel Compansation
Classir~tl<ln
Dfafte,lTechnlcian
Designe,ISeniof Technidan ..
Engi(1eer·Scientist. Grade 3 ...
Engineer-Sdentisl. Grade 2. _.
EnQinem·$cienlist, Grade 1 _ .
Sanior Engineer-Scientist.
Supenising Engineer-Sc~en!iSI
PriF)Cipa!JConsuHanl.
latxx'alOfY AMlysl
W()(d Processor _ ..
Non-Technical'
Hourly Rate
,$ 56
,69
..68
.85
.10f
11?
,126
,133
55
.. 47
..37
January 1, 1994
·No..,·!ocM~llf111e will be charged onty for preparation ollcchnical reports and similar 013ierial and
does rKlt c3ppty 10 rOutine admlnl~l{a!i\'e'!)'pe a~kvilles
TM abo,.e Hourly Rates indude normal and incfo'enl<ll COS-IS soch as routine COpyfrlg, communK"-atIQns,
poslage and ol!K:e supplies
Direct Expenses
Reimbursemenl fO, direct expenses, as 'Is~ed belewl, Incurred in connectKlfl wi!h Ihe work, will be at cosl
plus len percent rm items such as:
;], Maps, phOlogrJphs, leproorx!i¢ns, printing, equ~pmenl rental, and speoal sUPP!les rela:ed 10 Ihe work
b. Coosurtanls. soil::; engineels, surveyors, conlractors. and othet olJi$lde slJfVK;es
c Renled vehfCles,!oca1 publIC lransportahon arid I,])tis, 1la .... el and subs,s!ence
d. SpecifIC telecommunications ar:d dellvef~' charges
e. Special fees. fnsurance. pcrmlts, and Ilcen~'eS appticdbie 10 Ihe wor).;
I. OulSKfe compute( p,'ocessmg, compula1i0fl, and propr1e!ary programs pUICMsed lor the work
Reimbursemenl (Of owned automobl!es. er.cep! IfUCks and four·wheel drwc vehicles. used m connection
with the wmk will be allhe rate or 35<= per mile. The rale lor ttucks and lour· ..... hee! orivi! vehides will be
$25 pcr day and 40" per mile.
Reimbursement 101 use ol mJCfccompul ers will be at the rale of $10 per hour. Reimbursement for use of
computefized drafting sys.1ems (CADD) will be at Ihe rato of $20 pef haUl for micfOcomputer based'
systems arid $25 per hour fO!' mimcomputer based syslems.
Rate fO! prolessio,"'laI s!ail for logal proceecJings Of as expert wilnesses ."lin be al a rate one aoo one·Mlf
tirMS llle Hourly Rates spec~ried above.
In·house laboralory analysis, samplin9 veh:cle, and equipment charges will be: per currenl rate schedu!"?:
or special qUO!aliOO.
£)(dse and gross receipts la~.es .• f any, l'lill be .added as a dlrec! e,;pense.
Additooal processing charges will be added lor olher thall slandard invO/ce baCkup documel1talion.
The for~r.g $ct1edule 01 Charges is incorporated into the agreement ror the serv~s provided, elfeciive
Ja11uary 1. 1994 Ihrough Decembe. 30, 1994. After December 30.1994, invoJces wi11 reficcllhe Schedu!e of
Charges currenlly in effecl,
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Kenntdy/Jenks Consvltl~1'.
Mt,.:lhon 'In •• H>fh 11001
30~ $,c.nd St ••• ,
S." f. "",,dl C~. CA 941~1'
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"J ,(l(P'Jl'lTI(}H oAll; I~I"<EO~. lHf rSSLW\'G COi'.'.Plm Yilt. (.~:'! ... , ·S
h '-'It. ~ O_,'$wr:.ll ENI\'OIICE 10 TkEC€RfIFJC.I..I,E 10lDf>l:N.w.c:OTOT~
~,~ lEFT.~...u..<~~ __ ~~·MC~~' 'L~I "art:: 'i'ge~~ ...... ~
]. ~ -l. ......... ' , Cr .. 7'''' .... OO#lu'i; C;O' "., r' ll.( ,,,,~. ,9C", "(1::>:$:) ,-", .::S.
City of P.to Alto
Attn: );:oor ...... X.II",h,
P.O. eO)( \02$0
P. ro AI «6. C" N10l
"A~'O!~'f)s:.-s: (u.~I'~ : F'.
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EXHIBIT D: NONDlSCRlMINATION COMPLIANCE FORM
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PART II . SUPPLEMENTS TO FORMS SECTION 00410 IRFP)
CERTIFICA TION OF NONDISCRfMINA TION
.cJ.I.1iljcatron of NoodiscriminatiQ.ffi As sl,.Ippliers of goods or services to the City of
Palo Alto, the firm and individlJals fisted below cp.rtifies that they do not
discriminate jn employment with regards 10 .{19ft, face, color,. leHgi(Jo; national
origin, ancestry, disability, or sexual preference; that they ate in complianco with
all Federal, State and local directives and executive olders regarding
nondiscrimination in employment: and that they ogree to demonsllalo positively
and aggressively the prinCiple of eQv~1 opportunity In employment.
The Proposer agrees specifically:
1.0 To eS'i:ablish or observe employmc(lt policies which afli{mativefy promote
opportunities (or m!noIity'pcfsons al all Job levels.
2.0 To communicate this policy to all pelsons concerned, incfuding """
employees, outside recroiting se(vk:e~. especi(lHv tho~e serving minority
communities~ and to the minority. communities at largo.
3.0 To take affirmative action steps 10 niH~ minority employees \',1ithin tho
organization,
4.0 To be knowledgeable oftho local, slale, and federal Jaws ~nd fegulzJ1lons
concerning affirmative action policies and p,ov1de opportunities (OJ
employees,
Title of Officer signinr ~ ~re, i de!l1 _________ _
Signature '---'l"". . ___ _ , 'Ja~ // '-./
Date 12 April 1994
Please include any additional information availabip. regarding equal opportunily
employment programs now in effect withrn YOUI company •
• S€e attached Affirr:1ative ,.I.i.ction Plan on follQ\d{L9., p"ge.
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END OF SECTION
SECTION 00410IRFOJ·\
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EQUAL EMPLOYMENT OPPORTUNITY AND AfFIRMATIVE ACTION POLICY
11 is the policy of K~nI1ed)'lJenk~ Comultail!s in i!l({ord.a)l(E' Wflh federal.bnd stale laws 10
recruit, emploYI train. compensate, transfer; and promote peC'lple without regard to race, color,
religion. ~e;(J ag(', ethnic or natioml origin. disabilit),. Vietnl'lm e-ra \'IW~ran ~lat\J~, medktl
condition, an(e~try, marilal SUNS or any other faClor unrelated,to their paform3;nce of i~1!;J
requirements.
This pOlicy is staled \'erbalun m the company's Emplo)'ee :'I.hnu~ 1 in Se<!ion 3, PfHol1l1el Policies
and Procedures.
BhiM t. Harrison, E):€culiYe Via President, is the company's Equal Employment Offiaf, lild
is respon~ibte for the implemenl.:tion of the cornpany's fEOIAA policies, pia)1S. and p1ogr"ms.
The EqIJi.1 Em.plo)"lnent OpportuniLY and Affinnati\"e ACLiClIl ro1icy of Kenll.ed),/Jenks
Corull)I?"nls includes Lh~ fO]JDWUlg:
1. Tro?i.I all e)np!o),P?S ;'.lld zpPucGnls-fer empto) mell! I,"jthcoul fp.gard 10 r.ace, c",tor~ relisio;l,
~(x, i'"Se~ ll<lliollill oriSiJl, \'eler~n ~1~hJ$, di$3bility, l~'ediOli (ondilion, '1I1Cew)' or marital
~t1.:-US"
2, A(ford equal Q.f'portuniLy and equal comider3lioll 10 all "pplicants: and employees in ~U r
fmplo)'ment decisi()f"oS and pe-rs.onnel a<ti'ons lJlducillg r;;>cruiling, ~elecliollan d emplo)'lne'H.
trlining, proll'wli(1J), (omp€n~ation and benefl1~. wMkillg condi!iom:, Irall$fer~ la),(lfFl
lenninalion, l.lld reUl$la.lE'menl.
3. oa!=e G11 elllpJo)'mEIlI .md prOmOtiOll decisions sole)}' ,,,., il\di\,iduiI)s' quzlwcGlio,l$ [or Ihe
pC'siJ)C'lIlS 10 bi? filled.
4, Offer (lIHhe'job tr,;~ling, guidanct Gnd ellcourlgeiTlenl 10 ~ II €I11P'O),€{'s 10 a d\',mce 1hem 10
the op'unum of th<ir indh'idual cc:p.a.bililies:. !: :
5, Mc:ke;:'.Il outre;:cheH()rt 10 ptodde .'\:11 emp]o)'ll1pnt OpF'MhmiLies (M tnembers (I( mU101l1y
groupHnd ,women at ?oil j('ob lenls-, paTlicularly where Ihey nre ullder'r.erre~llled~ Lhrough
r~crujLing iHld t1c'!i.ntng/denlopme-nl actions,
6. .\10l1i10t progress of minority ~nd women emplDyees to ell sure Ihat they are free from
s)'~lell'lic discrimUlMion in personnel actioJls.
7. Consider AffinnaLi\'e ACli{ll\ goals along \\,jth olher g,Clals of Ihe <OrtlPi1lll)'j and e\'.!I\lale
m?nagt'ment per(onn~nce Oil Lhe progre~s 10 .... ·1\ rd Ihe achievement of amnnative actioll go;!ls
3S well as business goa-Is,
8, ContinuaUy re\'iew and evahJ;!te emplo);mcut ?'.lctices and pef~onnel actions. 10 el'SUTE' Ihe
Equal fmplo)'menl Opportunity '!',iLd Affirmative AClion P('llicy is impJe'lYle-nled throughout
(he org"nizaticlll,
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