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CITY OF PALO ALTO CONTRACT NO. C26194618
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF PALO ALTO AND STEARNS, CONRAD, AND SCHMIDT CONSULTING ENGINEERS, INC. dba SCS FIELD SERVICES
This Agreement for Professional Services (this “Agreement”) is entered into as of the 11th day of October, 2025 (the “Effective Date”), by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and STEARNS, CONRAD, AND SCHMIDT CONSULTING ENGINEERS, INC. dba SCS FIELD SERVICES , a California corporation , located at 3900 Kilroy Airport Way, Suite 300, Long Beach, CA 90806 (“CONSULTANT”).
The following recitals are a substantive portion of this Agreement and are fully incorporated herein by this reference:
RECITALS
A. CITY owns and operates a closed, class III municipal solid waste disposal site, which includes landfill gas and leachate collection systems (the “Project”) and desires to engage a consultant to provide monitoring, reporting, and well installation services in connection with the Project (the “Services”, as detailed more fully in Exhibit A).
B. CONSULTANT represents that it, its employees and subconsultants, if any, possess the necessary professional expertise, qualifications, and capability, and all required licenses and/or certifications to provide the Services.
C. CITY, in reliance on these representations , desires to engage CONSULTANT to provide the Services as more fully described in Exhibit A, entitled “SCOPE OF SERVICES”.
NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, in this Agreement, the parties agree as follows:
SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described in Exhibit A in accordance with the terms and conditions contained in this Agreement. The performance of all Services shall be to the reasonable satisfaction of CITY.
Optional On-Call Provision (This provision only applies if checked and only applies to on-call agreements.)
CITY may elect to, but is not required to, authorize on-call Services up to the maximum compensation amount set forth in Section 4 (Not to Exceed Compensation).
CONSULTANT shall provide on -call Services only by advanced, written authorization from CITY as detailed in this Section. On-call Services, if any, shall be authorized by CITY, as needed, with a Task Order assigned and approved by CITY’s Project Manager, as identified in Section 13 (Project Management). Each Task Order shall be in substantially the same form as Exhibit A -1 entitled “PROFESSIONAL SERVICES TASK ORDER”.
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Each Task Order shall contain a specific scope of services, schedule of performance and maximum compensation amount, in accordance with the provisions of this Agreement.
Compensation for on-call Services shall be specified by CITY in the Task Order, based on whichever is lowest: the compensation structure set forth in Exhibit C, the hourly rates set forth in Exhibit C-1, or a negotiated lump sum.
To accept a Task Order, CONSULTANT shall sign the Task Order and return it to CITY’s Project Manager within the time specified by the Project Manager, and upon authorization by CITY (defined as counter-signature by the CITY Project Manager), the fully exec uted Task Order shall become part of this Agreement. The cumulative total compensation due to CONSULTANT for all Task Orders issued under this Agreement shall not exceed the amount of compensation set forth in Section 4. CONSULTANT shall only be compensated for on -call Services performed under an authorized Task Order and only up to the maximum compensation amount set forth in Section 4. Performance of and payment for any on-call Services are subject to all requirements and restrictions in this Agreement.
SECTION 2. TERM. The term of this Agreement shall be from the effective date of this agreement through October 12, 2030 unless terminated earlier pursuant to Section 19 (Termination) of this Agreement.
SECTION 3. SCHEDULE OF PERFORMANCE. Time is of the essence in the performance of Services under this Agreement. CONSULTANT shall complete the Services within the term of this Agreement and in accordance with the schedule set forth in Exhibit B, entitled “SCHEDULE OF PERFORMANCE”. Any Services for which times for performance are not specified in this Agreement shall be commenced and completed by CONSULTANT in a reasonably prompt and timely manner based upon the circumstances and direction communicated to the CONSULTANT.
CITY’s agreement to extend the term or the schedule for performance shall not preclude recovery of damages for delay if the extension is required due to the fault of CONSULTANT.
Notwithstanding the foregoing, this is not a warranty or guarantee and in no event will CONSULTANT be responsible for damages due to delays beyond CONSULTANT’s reasonable control.
SECTION 4. NOT TO EXCEED COMPENSATION . The compensation to be paid to CONSULTANT for performance of the Services shall be based on the compensation structure detailed in Exhibit C, entitled “COMPENSATION,” including any reimbursable expenses specified therein, and the maximum total compensation shall not exceed One Million Three Hundred Seventy-Six Thousand Two Hundred Sixty-Five Dollars ($1,376,265). The hourly schedule of rates, if applicable, is set out in Exhibit C-1, entitled “SCHEDULE OF RATES.” Any work performed or expenses incurred for which payment would result in a total exceeding the maximum compensation set forth in this Section 4 shall be at no cost to the CITY.
Optional Additional Services Provision (This provision applies only if checked and a not-to-exceed compensation amount for Additional Services is allocated below under this Section 4.)
In addition to the not-to-exceed compensation specified above, CITY has set aside the not- to-exceed compensation amount of One Hundred Thirty-Seven Thousand Six Hundred Twenty Five Dollars ($137,625) for the performance of Additional Services (as defined Docusign Envelope ID: 71FDF2DA-3AFB-48FA-AAE9-E4E1CD16527E
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below). The total compensation for performance of the Services, Additional Services and any reimbursable expenses specified in Exhibit C , shall not exceed One Million Five Hundred Thirteen Thousand Eight Hundred Ninety Dollars ($1,513,890), as detailed in Exhibit C.
“Additional Services” means any work that is determined by CITY to be necessary for the proper completion of the Project, but which is not included within the Scope of Services described at Exhibit A . CITY may elect to, but is not required to, authorize Additional Services up to the maximum amount of compensation set forth for Additional Services in this Section 4. CONSULTANT shall provide Additional Services only by advanced, written authorization from CITY as detailed in this Section . Additional Services , if any, shall be authorized by CITY with a Task Order assigned and authorized by CITY’s Project Manager, as identified in Section 13 (Project Management). Each Task Order shall be in substantially the same form as Exhibit A-1, entitled “PROFESSIONAL SERVICES TASK ORDER”. Each Task Order shall contain a specific scope of services, schedule of performance and maximum compensation amount, in accordance with the provisions of this Agreement. Compensation for Additional Services shall be specified by CITY in the Task Order, based on whichever is lowest: the compensation structure set forth in Exhibit C, the hourly rates set forth in Exhibit C-1, or a negotiated lump sum.
To accept a Task Order, CONSULTANT shall sign the Task Order and return it to CITY’s Project Manager within the time specified by the Project Manager, and upon authorization by CITY (defined as counter-signature by the CITY Project Manager), the fully exec uted Task Order shall become part of this Agreement. The cumulative total compensation to CONSULTANT for all Task Orders authorized under this Agreement shall not exceed the amount of compensation set forth for Additional Services in this Section 4 .
CONSULTANT shall only be compensated for Additional Services performed under an authorized Task Order and only up to the maximum amount of compensation set forth for Additional Services in this Section 4 . Performance of and payment for any Additional Services are subject to all requirements and restrictions in this Agreement.
SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit monthly invoices to the CITY describing the Services performed and the applicable charges (including , if applicable, an identification of personnel who performed the Services, hours worked, hourly rates, and reimbursable expenses), based upon Exhibit C or, as applicable, CONSULTANT’s schedule of rates set forth in Exhibit C-1. If applicable, the invoice shall also describe the percentage of completion of each task. The information in CONSULTANT’s invoices shall be subject to verification by CITY. CONSULTANT shall send all invoices to CITY’s Project Manager at the address specified in Section 1 3 (Project Management) below. CITY will generally process and pay invoices within thirty (30) days of receipt of an acceptable invoice.
SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All Services shall be performed by CONSULTANT or under CONSULTANT’s supervision. CONSULTANT represents that it , its employees and subcontractors, if any, possess the professional and technical personnel necessary to perform the Services required by this Agreement and that the personnel have sufficient skill and experience to perform the Services assigned to them. CONSULTANT represents that it, its employees and subcontractors, if any, have and shall maintain during the term of this Agreement all licenses, permits, qualifications, insurance and approvals of whatever nature Docusign Envelope ID: 71FDF2DA-3AFB-48FA-AAE9-E4E1CD16527E
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that are legally required to perform the Services. All Services to be furnished by CONSULTANT under this Agreement shall meet the professional standard and quality that prevail among professionals in the same discipline and of similar knowledge and skill engaged in related work throughout California under the same or similar circumstances.
SECTION 7. COMPLIANCE WITH LAWS . CONSULTANT shall keep itself informed of and in compliance with all federal, state and local laws, ordinances, regulations, and orders that may affect in any manner the Project or the performance of the Services or those engaged to perform Services under this Agreement, as amended from time to time . CONSULTANT shall procure all permits and licenses, pay all charges and fees, and give all notices required by law in the performance of the Services.
SECTION 8. ERRORS/OMISSIONS. CONSULTANT is solely responsible for costs, including, but not limited to, increases in the cost of Services , arising from or caused by CONSULTANT’s errors and omissions, including, but not limited to, the costs of corrections such errors and omissions, any change order markup costs, or costs arising from delay caused by the errors and omissions or unreasonable delay in correcting the errors and omissions.
SECTION 9. COST ESTIMATES. If this Agreement pertains to the design of a public works project, CONSULTANT shall submit estimates of probable construction costs at each phase of design submittal. If the total estimated construction cost at any submittal exceeds the CITY’s stated construction budget by ten percent (10%) or more , CONSULTANT shall make recommendations to CITY for aligning the P roject design with the budget, incorporate CITY approved recommendations, and revise the design to meet the Project budget, at no additional cost to CITY.
SECTION 10. INDEPENDENT CONTRACTOR. CONSULTANT acknowledges and agrees that CONSULTANT and any agent or employee of CONSULTANT will act as and shall be deemed at all times to be an independent contractor and shall be wholly responsible for the manner in which CONSULTANT performs the Services requested by CITY under this Agreement.
CONSULTANT and any agent or employee of CONSULTANT will not have employee status with CITY, nor be entitled to participate in any plans, arrangements, or distributions by CITY pertaining to or in connection with any retirement, health or other benefits that CITY may offer its employees. CONSULTANT wi ll be responsible for all obligations and payments, whether imposed by federal, state or local law, including, but not limited to, FICA, income tax withholdings, workers’ compensation, unemployment compensation, insurance, and other similar responsibilities re lated to CONSULTANT’s performance of the Services, or any agent or employee of CONSULTANT providing same. Nothing in this Agreement shall be construed as creating an employment or agency relationship between CITY and CONSULTANT or any agent or employee of CONSULTANT. Any terms in this Agreement referring to direction from CITY shall be construed as providing for direction as to policy and the result of CONSULTANT’s provision of the Services only, and not as to the means by which such a result is obtained.
SECTION 11. ASSIGNMENT . The parties agree that the expertise and experience of CONSULTANT are material considerations for this Agreement. CONSULTANT shall not assign or transfer any interest in this Agreement nor the performance of any of CONSULTANT’s obligations hereunder wit hout the prior written approval of the City Manager. Any purported assignment made without the prior written approval of the City Manager will be void and without Docusign Envelope ID: 71FDF2DA-3AFB-48FA-AAE9-E4E1CD16527E
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effect. Subject to the foregoing, the covenants, terms, conditions and provisions of this Agreement will apply to, and will bind, the heirs, succes sors, executors, administrators and assignees of the parties.
SECTION 12. SUBCONTRACTING.
Option A: No Subcontractor: CONSULTANT shall not subcontract any portion of the Services to be performed under this Agreement without the prior written authorization of the City Manager or designee. In the event CONSULTANT does subcontract any portion of the work to be performed under this Agreement, CONSULTANT shall be fully responsible for all acts and omissions of subcontractors.
Option B: Subcontracts Authorized: Notwithstanding Section 11 (Assignment) above, CITY agrees that subcontractors may be used to complete the Services. The subcon tractors authorized by CITY to perform work on this Project are:
Best Environmental – Flare Source Testing
Sacramento Drilling – Drilling
CONSULTANT shall be responsible for directing the work of any subcon tractors and for any compensation due to subcon tractors. CITY assumes no responsibility whatsoever concerning compensation of subcontractors. CONSULTANT shall be fully responsible to CITY for all acts and omissions of subcon tractors. CONSULTANT shall change or add subcon tractors only with the prior written approval of the City Manager or designee.
SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Melissa St. John as the CONSULTANT’s Project Manager to have supervisory responsibility for the performance, progress, and execution of the Services and represent CONSULTANT during the day -to-day performance of the Services. If circumstances cause the substitution of the CONSULTANT’s Project Manager or any other of CONSULTANT’s key personnel for any reason, the appointment of a substitute Project Manager and the assignment of any key new or replacement personnel will be subject to the prior written approval of the CITY’s Project Manager. CONSULTANT, at CITY’s request, shall promptly remove CONSULTANT personnel who CITY finds do not perform the Services in an acceptable manner, are uncooperative, or present a threat to the adequate or timely completion of the Services or a threat to the safety of persons or property.
CITY’s Project Manager is Sarah Fitzgerald, Public Works Department, Environmental Services Division, 3201 E Bayshore Road, Palo Alto, CA 94303, Telephone: (650) 496 -6980, Email:
[email protected]. CITY’s Project Manager will be CONSULTANT’s point of contact with respect to performance, progress and execution of the Services. CITY may designate an alternate Project Manager from time to time.
SECTION 14. OWNERSHIP OF MATERIALS. Upon payment to CONSULTANT pursuant to this Agreement, all work product, including without limitation, all writings, drawings, studies, sketches, photographs, plans, reports, specifications, computations, models, recordings, data, documents, and other materials and copyright interests developed under this Agreement , in any form or media, shall be and remain the exclusive property of CITY without restriction or limitation upon their use,. CONSULTANT agrees that all copyrights which arise from creation of the work Docusign Envelope ID: 71FDF2DA-3AFB-48FA-AAE9-E4E1CD16527E
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product pursuant to this Agreement are vested in CITY, and CONSULTANT hereby waives and relinquishes all claims to copyright or other intellectual property rights in favor of CITY. Neither CONSULTANT nor its subcontractors, if any, shall make any of such work product available to any individual or organization without the prior written approval of the City Manager or designee.
CONSULTANT makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the Scope of Services.
SECTION 15. AUDITS . CONSULTANT agrees to permit CITY and its authorized representatives to audit, at any reasonable time during the term of this Agreement and for four (4) years from the date of final payment, CONSULTANT’s records pertaining to matters covered by this Agreement, including without limitation records demonstrating compliance with the requirements of Section 10 (Independent Contractor). CONSULTANT further agrees to maintain and retain accurate books and records in accordance with generally accepted accounting principles for at least four (4) years after the expiration or earlier termination of this Agreement or the completion of any audit hereunder, whichever is later.
SECTION 16. INDEMNITY.
[Option A applies to the following design professionals pursuant to Civil Code Section 2782.8: architects; landscape architects; registered professional engineers and licensed professional land surveyors.] 16.1. To the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents (each an “Indemnified Party”) from and against any and all third party demands, claims, or liability of any nature, including death or injury to any person, property damage or any other loss, including all costs and expenses of whatever nature including attorney ’s fees, experts fees, court costs and disbursements (“Claims”) to the extent that such Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT, its officers, employees, agents or contractors under this Agreement, regardless of whether or not it is caused in part by an Indemnified Party. CITY will reimburse CONSULTANT for the proportionate percentage of defense costs exceeding CONSULTANT’s proportionate percentage of fault as determined by the final judgment of a court of competent jurisdiction.
[Option B applies to any consultant who does not qualify as a design professional as defined in Civil Code Section 2782.8.] 16.1. To the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents (each an “Indemnified Party”) from and against any and all demands, claims, or liability of any nature, i ncluding death or injury to any person, property damage or any other loss, including all costs and expenses of whatever nature including attorney ’s fees, experts fees, court costs and disbursements (“Claims”) resulting from, arising out of or in any manner related to performance or nonperformance by CONSULTANT, its officers, employees, agents or contractors under this Agreement, regardless of whether or not it is caused in part by an Indemnified Party.
16.2. Notwithstanding the above, nothing in this Section 16 shall be construed to require CONSULTANT to indemnify an Indemnified Party from a Claim arising from the active negligence or willful misconduct of an Indemnified Party that is not contributed to by any act of, or by any omission to perform a duty imposed by law or agreement by, CONSULTANT, its officers, employees, agents or contractors under this Agreement.
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16.3. The acceptance of CONSULTANT’s Services and duties by CITY shall not operate as a waiver of the right of indemnification. The provisions of this Section 16 shall survive the expiration or early termination of this Agreement.
SECTION 17. WAIVERS. No waiver of a condition or nonperformance of an obligation under this Agreement is effective unless it is in writing in accordance with Section 2 9.4 of this Agreement. No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision as to that or any other instance. Any waiver granted shall apply solely to the specific instance expressly stated. No single or parti al exercise of any right or remedy will preclude any other or further exercise of any right or remedy.
SECTION 18. INSURANCE.
18.1. CONSULTANT, at its sole cost and expense, shall obtain and maintain, in full force and effect during the term of this Agreement, the insurance coverage described in Exhibit D, entitled “INSURANCE REQUIREMENTS”. CONSULTANT and its contractors, if any, shall obtain a policy endorsement naming CITY as an additional insured under any general liability or automobile policy or policies.
18.2. All insurance coverage required hereunder shall be provided through carriers with AM Best’s Key Rating Guide ratings of A -:VII or higher which are licensed or authorized to transact insurance business in the State of California. Any and all contractors of CONSULTANT retained to perform Services under this Agreement will obtain and maintain, in full force and effect during the term of this Agreement, identical insurance coverage, naming CITY as an additional insured under such policies as required above.
18.3. Certificates evidencing such insurance shall be filed with CITY concurrently with the execution of this Agreement. The certificates will be subject to the approval of CITY’s Risk Manager and will contain an endorsement stating that the insurance is primar y coverage and will not be canceled, or materially reduced in coverage or limits, by the insurer except after filing with the Purchasing Manager thirty (30) days ’ prior written notice of the cancellation or modification. If the insurer cancels or modifies the insurance and provides less than thirty (30) days’ notice to CONSULTANT, CONSULTANT shall provide the Purchasing Manager written notice of the cancellation or modification within two (2) business days of the CONSULTANT’s receipt of such notice. CONSULTANT shall be responsible for ensuring that current certificates evidencing the insurance are provided to CITY’s Chief Procurement Officer during the entire term of this Agreement.
18.4. The procuring of such required policy or policies of insurance will not be construed to limit CONSULTANT ’s liability hereunder nor to fulfill the indemnification provisions of this Agreement. Notwithstanding the policy or policies of insurance, CONSULTANT will be obligated for the full and total amount of any damage, injury, or loss caused by or directly arising as a result of the Services performed under this Agreement, including such damage, injury, or loss arising after the Agreement is terminated or the term has expired.
SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES.
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19.1. The City Manager may suspend the performance of the Services, in whole or in part, or terminate this Agreement, with or without cause, by giving ten (10) days prior written notice thereof to CONSULTANT. If CONSULTANT fails to perform any of its material obligations under this Agreement, in addition to all other remedies provided under this Agreement or at law, the City Manager may terminate this Agreement sooner upon written notice of termination. Upon receipt of any notice of suspension or termination, CONSULTANT will discontinue its performance of the Services on the effective date in the notice of suspension or termination.
19.2. In event of suspension or termination, CONSULTANT will deliver to the City Manager on or before the effective date in the notice of suspension or termination, any and all work product, as detailed in Section 14 (Ownership of Materials), whether or not completed, prepared by CONSULTANT or its contractors, if any, in the performance of this Agreement. Such work product is the property of CITY, as detailed in Section 14 (Ownership of Materials).
19.3. In event of suspension or termination, CONSULTANT will be paid for the Services rendered and work products delivered to CITY in accordance with the Scope of Services up to the effective date in the notice of suspension or termination; provided, however, if this Agreement is suspended or terminated on account of a default by CONSULTANT, CITY will be obligated to compensate CONSULTANT only for that portion of CONSULTANT’s Services provided in material conformity with this Agreement as such determination is made by the City Manager acting in the reasonable exercise of his/her discretion . The following Sections will survive any expiration or termination of this Agreement: 14, 15, 16, 17, 19.2, 19.3, 19.4, 20, 25, 27, 28, 29 and 30.
19.4. No payment, partial payment, acceptance, or partial acceptance by CITY will operate as a waiver on the part of CITY of any of its rights under this Agreement, unless made in accordance with Section 17 (Waivers).
SECTION 20. NOTICES.
All notices hereunder will be given in writing and mailed, postage prepaid, by certified mail, addressed as follows:
To CITY: Office of the City Clerk
City of Palo Alto
Post Office Box 10250
Palo Alto, CA 94303
With a copy to the Purchasing Manager
To CONSULTANT: Attention of the Project Manager at the address of CONSULTANT recited on the first page of this Agreement.
CONSULTANT shall provide written notice to CITY of any change of address.
SECTION 21. CONFLICT OF INTEREST.
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21.1. In executing this Agreement, CONSULTANT covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services.
21.2. CONSULTANT further covenants that, in the performance of this Agreement, it will not employ subcontractors or other persons or parties having such an interest.
CONSULTANT certifies that no person who has or will have any financial interest under this Agreement is an officer or employee of CITY; this provision will be interpreted in accordance with the applicable provisions of the Palo Al to Municipal Code and the Government Code of the State of California, as amended from time to time . CONSULTANT agrees to notify CITY if any conflict arises.
21.3. If the CONSULTANT meets the definition of a “Consultant” as defined by the Regulations of the Fair Political Practices Commission, CONSULTANT will file the appropriate financial disclosure documents required by the Palo Alto Municipal Code and the Political Reform Act of 1974, as amended from time to time.
SECTION 22. NONDISCRIMINATION; COMPLIANCE WITH ADA.
22.1. As set forth in Palo Alto Municipal Code Section 2.30.510, as amended from time to time, CONSULTANT certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person due to that person’s race, skin color, gender, gender identity, age, religion, disability, national origin, ancestry, sexual orientation, pregnancy, genetic information or condition, housing status, marital status, familial status, weight or height of such person. CONSULTANT acknowledges that it has read and understands the provisions of Section
2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section 2.30.510 pertaining to nondiscrimination in employment.
22.2. CONSULTANT understands and agrees that pursuant to the Americans Disabilities Act (“ADA”), programs, services and other activities provided by a public entity to the public, whether directly or through a contractor or subcontractor, are required to be accessible to the disabled public. CONSULTANT will provide the Services specified in this Agreement in a manner that complies with the ADA and any other applicable federal, state and local disability rights laws and regulations, as amended from time to time. CONSULTANT will not discriminate against persons with disabilities in the provision of services, benefits or activities provided under this Agreement.
SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE REQUIREMENTS. CONSULTANT shall comply with the CITY’s Environmentally Preferred Purchasing policies which are available at CITY’s Purchasing Department , hereby incorporated by reference and as amended from time to time. CONSULTANT shall comply with waste reduction, reuse, recycling and disposal requirements of CITY’s Zero Waste Program. Zero Waste best practices include , first, minimizing and reducing waste; second, reusing waste ; and, third, recycling or composting waste. In particular, C ONSULTANT shall comply with the following Zero Waste requirements:
(a) All printed materials provided by CONSULTANT to C ITY generated from a personal computer and printer including but not limited to, proposals, quotes, invoices, reports, Docusign Envelope ID: 71FDF2DA-3AFB-48FA-AAE9-E4E1CD16527E
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and public education materials, shall be double-sided and printed on a minimum of 30% or greater post-consumer content paper, unless otherwise approved by CITY’s Project Manager. Any submitted materials printed by a professional printing company shall be a minimum of 30% or greater post-consumer material and printed with vegetable-based inks. (b) Goods purchased by C ONSULTANT on behalf of CITY shall be purchased in accordance with CITY’s Environmental Purchasing Policy including but not limited to Extended Producer Responsibility requirements for products and packaging. A copy of this policy is on file at the Purchasing Department’s office.
(c) Reusable/returnable pallets shall be taken back by CONSULTANT, at no additional cost to CITY, for reuse or recycling. CONSULTANT shall provide documentation from the facility accepting the pallets to verify that pallets are not being disposed.
SECTION 24. COMPLIANCE WITH PALO ALTO MINIMUM WAGE ORDINANCE .
CONSULTANT shall comply with all requirements of the Palo Alto Municipal Code Chapter 4.62 (Citywide Minimum Wage), as amended from time to time. In particular, for any employee otherwise entitled to the State minimum wage, who performs at least two (2) h ours of work in a calendar week within the geographic boundaries of the City, CONSULTANT shall pay such employees no less than the minimum wage set forth in Palo Alto Municipal Code Section 4.62.030 for each hour worked within the geographic boundaries of the City of Palo Alto. In addition, CONSULTANT shall post notices regarding the Palo Alto Minimum Wage Ordinance in accordance with Palo Alto Municipal Code Section 4.62.060.
SECTION 25. NON-APPROPRIATION. This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code , as amended from time to time. This Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Agreement are no longer available. This Section shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement.
SECTION 2 6. PREVAILING WAGES AND DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS.
26.1. This Project is not subject to prevailing wages and related requirements. CONSULTANT is not required to pay prevailing wages and meet related requirements under the California Labor Code and California Code of Regulations in the performance and implementation of the Project if the contract:
(1) is not a public works contract;
(2) is for a public works construction project of $25,000 or less, per California Labor Code Sections 1782(d)(1), 1725.5(f) and 1773.3(j); or (3) is for a public works alteration, demolition, repair, or maintenance project of $15,000 or less, per California Labor Code Sections 1782(d)(1), 1725.5(f) and 1773.3(j).
OR
26.1. TASK 4 – ON-CALL INSTALLATION OF WELL S is subject to prevailing wages and related requirements as a “public works” under California Labor Code Docusign Envelope ID: 71FDF2DA-3AFB-48FA-AAE9-E4E1CD16527E
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Sections 1720 et seq. and related regulations. CONSULTANT is required to pay general prevailing wages as defined in California Labor Code Section 1773.1 and Subchapter 3, Title 8 of the California Code of Regulations Section 16000 et seq. , as amended from time to time .
Pursuant to Labor Code Section 1773, the CITY has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of worker needed to execute the contract for this Project from the State of California Department of Industrial Relations (“DIR”). Copies of these rates may be obtained at the CITY’s Purchasing Department office. The general prevailing wage rates are also available at the DIR, Division of Labor Statistics and Research, web site (see e.g. http://www.dir.ca.gov/DLSR/PWD/index.htm) as amended from time to time. CONSULTANT shall post a copy of the general prevailing wage rates at all Project job sites and shall pay the adopted prevailing wage rates as a minimum. CONSULTANT shall comply with all applicable provisions of Division 2, Part 7, Chapter 1 of the California Labor Code (Labor Code Section 1720 et seq.), including but not limited to Sections 1725.5, 1771, 1771.1, 1771.4, 1773.2, 1774, 1775, 1776, 1777.5, 1782, 1810, 1813 and 1815, and all applicable implementing regulations, including but not limited to Subchapter 3, Title 8 of the California Code of Regulations Section 16000 et seq. (8 CCR Section 16000 et seq.), as amended from time to time. CONSULTANT shall comply with the requirements of Exhibit E , entitled “ DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS”, for any contract for public works construction, alteration, demolition, repair or maintenance, including but not limited to the obligation s to register with , and furnish certified payroll records directly to, DIR.
SECTION 27. CLAIMS PROCEDURE FOR “9204 PUBLIC WORKS PROJECTS” . For purposes of this Section 27, a “9204 Public Works Project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. (Cal. Pub. Cont. Code § 9204.) Per California Public Contract Code Section 9204, for Public Works Projects , certain claims procedures shall apply , as set forth in Exhibit F, entitled “Claims for Public Contract Code Section 9204 Public Works Projects”.
This Project is a 9204 Public Works Project and is required to comply with the claims procedures set forth in Exhibit F, entitled “Claims for Public Contract Code Section 9204 Public Works Projects”.
OR
This Project is not a 9204 Public Works Project.
SECTION 28. CONFIDENTIAL INFORMATION.
28.1. In the performance of this Agreement, CONSULTANT may have access to CITY’s Confidential Information (defined below). CONSULTANT will hold Confidential Information in strict confidence, not disclose it to any third party, and will use it only for the performance of its obligations to CITY under this Agreement and for no other purpose.
CONSULTANT will maintain reasonable and appropriate administrative, technical and physical safeguards to ensure the security, confidentiality and integrity of the Confidential Information.
Notwithstanding the foregoing, CONSULTANT may disclose Confidential Information to its employees, agents and subcontractors, if any, to the extent they have a need to know in order to perform CONSULTANT’s obligations to CITY under this Agreeme nt and for no other purpose, Docusign Envelope ID: 71FDF2DA-3AFB-48FA-AAE9-E4E1CD16527E
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provided that the CONSULTANT informs them of, and requires them to follow, the confidentiality and security obligations of this Agreement.
28.2. “Confidential Information” means all data, information (including without limitation “Personal Information” about a California resident as defined in Civil Code Section 1798 et seq., as amended from time to time) and materials, in any form or media, tangible or intangible, provided or otherwise made available to CONSULTANT by CITY, directly or indirectly, pursuant to this Agreement. Confidential Information excludes information that CONSULTANT can show by appropriate documentation: (i) was publicly known at the time it was provided or has subsequently become publicly known other than by a breach of this Agreement; (ii) was rightfully in CONSULTANT’s possession free of any obligation of confidence prior to receipt of Confidential Information; (iii) is rightfully obtained by CONSULTANT from a third party without breach of any confidentiality obligation; (iv) is independently developed by employees of CONSULTANT without any use of or access to the Confidential Information; or (v) CONSULTANT has written consent to disclose signed by an authorized representative of CITY.
28.3. Notwithstanding the foregoing, CONSULTANT may disclose Confidential Information to the extent required by order of a court of competent jurisdiction or governmental body, provided that CONSULTANT will notify CITY in writing of such order immediately upon receipt and prior to any such disclosure (unless CONSULTANT is prohibited by law from doing so), to give CITY an opportunity to oppose or otherwise respond to such order.
28.4. CONSULTANT will notify City promptly upon learning of any breach in the security of its systems or unauthorized disclosure of, or access to, Confidential Information in its possession or control, and if such Confidential Information consists of Personal In formation, CONSULTANT will provide information to CITY sufficient to meet the notice requirements of Civil Code Section 1798 et seq., as applicable, as amended from time to time.
28.5. Prior to or upon termination or expiration of this Agreement, CONSULTANT will honor any request from the CITY to return or securely destroy all copies of Confidential Information. All Confidential Information is and will remain the property of the CITY and nothing contained in this Agreement grants or confers any rights to such Confidential Information on CONSULTANT. Notwithstanding anything to the contrary, CONSULTANT shall be entitled to maintain an archival copy of the Confidential Information pursuant to CONSULTANT’s IT network system back -up and disaster recovery processes, provided such information remains subject to the obligations under this Section.
28.6. If selected in Section 30 (Exhibits), this Agreement is also subject to the terms and conditions of the Information Privacy Policy and Cybersecurity Terms and Conditions.
SECTION 29. MISCELLANEOUS PROVISIONS.
29.1. This Agreement will be governed by California law, without regard to its conflict of law provisions.
29.2. In the event that an action is brought, the parties agree that trial of such action will be vested exclusively in the state courts of California in the County of Santa Clara, Docusign Envelope ID: 71FDF2DA-3AFB-48FA-AAE9-E4E1CD16527E
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State of California.
29.3. The prevailing party in any action brought to enforce the provisions of this Agreement may recover its reasonable costs and attorneys’ fees expended in connection with that action. The prevailing party shall be entitled to recover an amount equal to the fair market value of legal services provided by attorneys employed by it as well as any attorneys’ fees paid to third parties.
29.4. This Agreement, including all exhibits, constitutes the entire and integrated agreement between the parties with respect to the subject matter of this Agreement, and supersedes all prior agreements, negotiations, representations, statements and undertakings, either oral or written. This Agreement may be amended only by a written instrument, which is signed by the authorized representatives of the parties and approved as required under Palo Alto Municipal Code, as amended from time to time.
29.5. If a court of competent jurisdiction finds or rules that any provision of this Agreement is void or unenforceable, the unaffected provisions of this Agreement will remain in full force and effect.
29.6. In the event of a conflict between the terms of this Agreement and the exhibits hereto (per Section 30) or CONSULTANT’s proposal (if any), the Agreement shall control. In the event of a conflict between the exhibits hereto and CONSULTANT’s proposal (if any), the exhibits shall control.
29.7. The provisions of all checked boxes in this Agreement shall apply to this Agreement; the provisions of any unchecked boxes shall not apply to this Agreement.
29.8. All section headings contained in this Agreement are for convenience and reference only and are not intended to define or limit the scope of any provision of this Agreement.
29.9. This Agreement may be signed in multiple counterparts, which, when executed by the authorized representatives of the parties, shall together constitute a single binding agreement.
SECTION 30. EXHIBITS. Each of the following exhibits, if the check box for such exhibit is selected below, is hereby attached and incorporated into this Agreement by reference as though fully set forth herein:
EXHIBIT A: SCOPE OF SERVICES
EXHIBIT A-1 PROFESSIONAL SERVICES TASK ORDER
EXHIBIT B: SCHEDULE OF PERFORMANCE
EXHIBIT C: COMPENSATION
EXHIBIT C-1: SCHEDULE OF RATES
EXHIBIT D: INSURANCE REQUIREMENTS
EXHIBIT E: DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS
EXHIBIT F: CLAIMS FOR PUBLIC CONTRACT CODE SECTION 9204
PUBLIC WORKS PROJECTS
EXHIBIT G: REQUIRED CITY BOND FORMS
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THIS AGREEMENT IS NOT COMPLETE UNLESS ALL SELECTED EXHIBITS ARE ATTACHED.
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CONTRACT No. C26194618
SIGNATURE PAGE
IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement as of the date first above written.
CITY OF PALO ALTO
____________________________
City Manager
APPROVED AS TO FORM:
__________________________
City Attorney or designee
STEARNS, CONRAD AND SCHMIDT,
CONSULTING ENGINEERS, INC. dba
SCS Field Services
Officer 1
By: ________________________________
Name: ______________________________
Title: _______________________________
Officer 2
By: ________________________________
Name: ______________________________
Title: _______________________________
Docusign Envelope ID: 71FDF2DA-3AFB-48FA-AAE9-E4E1CD16527E Vice President
Anton Svorinich
Curtis Jang
President
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EXHIBIT A
SCOPE OF SERVICES
CONSULTANT shall provide the Services detailed in this Exh ibit A, entitled “SCOPE OF SERVICES”. Notwithstanding any provision herein to the contrary, CONSULTANT’s duties and services described in this Scope of Services shall not include preparing or assisting CITY with any portion of CITY’s preparation of a request for proposals, request for qualific ations, or any other solicitation regarding a subsequent or additional contract with CITY. CITY shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project.
CONSULTANT’s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications.
CONSULTANT shall cooperate with CITY to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by CONSULTAN T pursuant to this Scope of Services.
Background:
History and Phasing : The CITY owns and operates an unlined, class III municipal solid waste disposal site, located at 2380 Embarcadero Road in Palo Alto, California. The landfill reached refuse capacity and ceased accepting waste in 2011 and underwent final capping and regul atory closure in 2015. The landfill occupies approximately 126 acres of the 1800 -acre, CITY owned Byxbee Park and Baylands parcel. The landfill is divided into phases - Phase I, Phase IIA, Phase IIB, and Phase IIC, based on the timing of closure and conversion to parkland. Phase I comprises approximately 29 acres and was closed and developed into parkland in 1990. Phases IIA (23 acres), IIB (24 acres) and IIC (51 acres) were closed and converted to parkland in 1992, 2000 and 2015 respectively. Smaller areas of the landfill are occasionally closed off to park users on an as- needed basis for control system maintenance and settlement repairs.
The environmental control systems within the landfill consist of a vertical landfill gas extraction system and a retrofitted vertical leachate extraction system.
Landfill Gas System: The CITY’s landfill gas (LFG) collection system consists of 91 vertical extraction wells. Most of the gas wells are spaced approximately 200 feet apart, have been constructed with a 4 to 6 -inch diameter Schedule 40 PVC casings or high -density polyethylene (HDPE) casings placed within 24 -inch diameter boreholes and have an average depth of approximately 35 feet below the landfill surface. An HDPE piping network collects and transmits gas from the extraction wells to a blower -flare facility where it is com busted. The blower -flare facility is located on Palo Alto Regional Water Quality Control Plant (PARWQCP) property near the landfill northwest boundary. The pipe network is below grade throughout the landfill facility, buried within the final cover system. In the Phases that were capped with a clay layer (Phase I, IIA, IIB), the gas collection system pipes are buried above the clay cap within a thickened vegetative soil layer. In Phase IIC the pipes are buried within a 4 -ft thick layer of evapotranspirative cover material.
Currently, 6 leachate wells are connected to the gas collection system due to the detection of methane above regulatory limits inside and/or outside those wells. During the term of this Docusign Envelope ID: 71FDF2DA-3AFB-48FA-AAE9-E4E1CD16527E
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Agreement, the CITY may elect to place an additional 18 leachate wells under vacuum and add them to the landfill gas collection system. Any monitoring required under the regulations of landfill gas wells would include those leachate wells that have been hooked up to the landfill gas collection system.
Leachate System: The CITY’s Leachate Collection and Removal System (LCRS) consists of 24 vertical extraction wells. These wells are typically constructed with 6 -inch diameter Schedule 80 PVC casings and strategically distributed throughout the landfill. Well spacing avera ges approximately 300 feet, with locations being selected based upon historic information and local leachate levels at the time of installation. Each well has a dedicated pneumatic pump, and compressed air is delivered to each well from a centrally locate d compressor via a network of welded HDPE piping. Leachate is collected from the wells and transported via the piping network to the CITY sanitary sewer main adjacent to the western boundary of the landfill.
Leachate elevations within the refuse mass are measured through a set of 17 vertical piezometers.
Condensate Collection: Gas condensate produced by the LFG collection system is collected in sumps and pumped into the facility’s LCRS via pneumatic submersible pumps. There are currently eleven (11) condensate sumps located in Phase I, Phase IIA, Phase IIB and Phase IIC, combined.
General Requirements:
This scope of services includes: 1) Performing routine and on -call LFG collection and emission control system monitoring and reporting; 2) Performing routine annual landfill flare stack emissions sampling, analyses and reporting; 3) Compiling and preparing various routine LFG reports; 4) On-call installation of wells as needed and as Permit allows; and 5) Providing on -call miscellaneous engineering and training support services.
CONSULTANT shall comply with all requirements of the Landfill’s Permit To Operate, Regulation 8, Rule 34 of the Bay Area Air District’s ( BAAD’s) regulations, including the regulations for Methane Emissions from Municipal Solid Waste Landfills, CCR Title 17, §95460- 95476, and the EPA Greenhouse Gas Rule (40 CFR Part 98, Subpart HH) as well as all pertinent plans and specifications relating to wo rk associated with maintenance and operation of the site’s environmental control systems.
CITY will provide all applicable permits for work performed in accordance with this Agreement.
The CITY has a landfill maintenance contractor that will perform repairs to the gas and leachate collection systems as needed. All routine operation or monitoring work shall take place either above ground or in buried shallow vaults (less than three feet in depth). CONSULTANT shall not be responsible for the overall quality of the gas with regard to trace components.
Expected personnel job titles and required experience levels to conduct the scope of services are listed below. All field personnel performing work listed in this Agreement shall have the following minimum qualifications:
Senior Technician (or equivalent)
• Five (5) years’ experience performing work on LCRS and LFG systems; • Ability to tune and optimize the vacuum on the LFG collection system without supervision or close oversight;
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• Ability to detect LFG system and LCRS leaks and diagnose potential failures before they occur; and,
• General understanding of landfill regulations relating to the LCRS and LFG systems.
Technician (or equivalent)
• Two (2) years’ experience performing work on LCRS and LFG systems; • Ability to detect LFG system and LCRS leaks and diagnose potential failures before they occur; and,
• General understanding of landfill regulations relating to the LCRS and LFG systems.
CITY will authorize site access for CONSULTANT personnel, equipment, and materials for the completion of the work. CONSULTANT personnel shall be responsible for communication and coordination of onsite work by notifying appropriate CITY personnel at the landfill office prior to beginning work onsite and upon leaving the site.
Work To Be Performed
Task 1 – Routine and On -Call LFG System, Flare, Well -Head Monitoring, and Surface Monitoring and Reporting
Bid Item Definition For Task 1:
CONSULTANT shall provide a Senior Technician (or equivalent) with the experience and skill level defined above, billed at the hourly rates specified in the rate sheets submitted with the proposal, for the performance of routine and on -call LFG system monit oring, well -head monitoring and surface monitoring and reporting.
A) Senior Technician (or equivalent) is expected to spend up to 765 hours onsite per contract year (estimate of 216 hours routine services and up to 549 hours on -call). Field Time Estimate breakdown for Task 1 is as follows, actual hours per monitoring event may vary:
• Routine: Four events (onsite) per year for component leak monitoring (64 hours per year); • Routine: One event per year for surface emissions monitoring (SEM) (32 hours per year); • Routine: Weekly monitoring of the flare station (120 hours per year) • On-call: Well and component adjustment and monitoring (416 hours per year); • On-call: Miscellaneous additional onsite follow -up time for adjusting high -oxygen LFG and Leachate wells, troubleshooting equipment, and potential increased frequency of monitoring events (133 hours per year).
B) Tools/Materials/Equipment/Vehicles/Instrumentation to support Task 1
C) Management/Supervisor/Office Support Staff to support Task 1
D) Remote monitoring and control of landfill flare
General Scope of Services For Task 1
Generally, Task 1 routine and on-call services shall include the following:
a. (Routine) CONSULTANT shall provide computer or web database for CITY and Docusign Envelope ID: 71FDF2DA-3AFB-48FA-AAE9-E4E1CD16527E
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CONSULTANT to use to record, store, and analyze all collected monitoring data from all routine and on-call tasks listed below. CONSULTANT shall compile data from all routine and on-call tasks listed below to be utilized by CONSULTANT in preparing the requi red annual reports (Task 3).
b. (Routine) CONSULTANT shall monitor and compile records to support the LFG component quarterly leak monitoring requirements of the BAAD’s Regulation 8, Rule 34, Section 501 and 503 and Title 17, §95460-95476.
c. (Routine) Annual measurement of methane and NMOC concentration on the landfill surface in accordance with site surface monitoring plan and Regulation 8, Rule 34, Section 501 and 506 and including the regulations for Surface Emissions Monitoring (SEM), CCR Title 17, §95469 listed below. Under the regulations, the site is currently required to perform these activities annually, however, if site conditions change, the SEM may increase to a quarterly frequency.
i. Annual instantaneous SEM at 100 -foot spacing with a 500 ppmv methane limit, including testing of cover penetrations, with corrective action/re-monitoring. ii. Annual integrated surface sampling with a limit of 25 ppmv methane.
d. (Routine) Weekly monitoring of the flare station, including download of the data logger.
Document and collect all data including all startup, shutdown and malfunction paperwork:
i. Date, time, and monitoring personnel.
ii. Meteorological condition (i.e., wind velocity, barometric pressure ambient temperature, weather conditions, etc.).
iii. Extraction blower operating inlet and outlet temperatures and pressures. iv. Methane gas, oxygen gas, carbon dioxide and balance gas concentrations at flare inlet as required by the BAAD.
v. Flare exit gas temperature (only when flare operational). vi. LFG flow rate to flare, or CITY incinerator.
vii. Flare combustion louver (only when flare is operational). viii. Flow control valve positions.
ix. Check pilot ignition system propane storage tank level. x. LFG control system blowers, flame arresters, flares, control panel, well fields, and condensate pump systems shall be observed for the following:
• Accessibility.
• Vandalism.
• Malfunctions.
• Leaks.
xi. Weekly record blower running hours;
e. (Routine) Once per quarter, hydrogen sulfide (H2S) shall be tested by CONSULTANT at the Flare Station inlet utilizing field Draeger test tubes; Inspect flame arrester; and, inspect burner heads.
f. (Routine) CONSULTANT shall establish a portable wind station or obtain measurements from the Palo Alto Airport to document compliance with meteorological conditions during Docusign Envelope ID: 71FDF2DA-3AFB-48FA-AAE9-E4E1CD16527E
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the monitoring events.
g. (Routine) CONSULTANT shall provide one (1) copy of all field records generated during on-site service before leaving the site for the day.
h. (On-call) If needed by CITY, monthly monitoring of 91 LFG well -heads, 6 (up to 24) leachate well-heads (connected to the gas collection system), 11 condensate sumps, flare station and other valves, fittings and components.
i. (On-call) If needed by CITY, monthly measurement of methane and non-methane organic compounds (NMOC), oxygen concentration and pressure within each well -head (landfill gas wells and leachate wells which are connected to the gas collection system) in accordance with Regulation 8, Rule 34, and Title 17, Section 95469. If the well head does not meet the standards of Regulation 8, Rule 34, Section 305, and Title 17, §95469, then CONSULTANT shall document and make adjustments following Regulation 8, Rule 34, Section 414 scheduling requirements. It is anticipated that some follow -up visits shall be necessary by the Senior Technician for the purpose of monitoring and adjusting wells with high oxygen content. CONSULTANT shall make recommendations to CITY for furt her repairs if necessary. The monitoring requirements of the rule are located in §95469 and §95470.
j. (On-call) If needed by CITY, adjust/tune and optimize the vacuum on the individual wells in order to maximize methane extraction while minimizing oxygen intrusion into the landfill;
k. (Routine) CONSULTANT shall compile well-head monitoring information, including all follow-up monitoring results and submit monthly reports to CITY, within 21 days from the end of each month.
Task 2 – Routine Landfill Flare Stack Emission Sampling, Analytical Testing and Reporting
A) Annual Source Test
• CONSULTANT shall conduct the flare source test on the Flare located at the Regional Water Quality Control Plant in accordance with the Permit To Operate. Additionally, because the landfill is subject to the AB32 Landfill Methane Rule (see Task 3 of this Scope of Services), the flare must be tested annually to document compliance with Rule’s 99% methane destruction requirement, as specified in Section §95471 of the Rule.
CONSULTANT shall perform the annual flare testing while the Agreement is in place. In accordance with Item No. 15 of the Permit To Operate, CONSULTANT shall notify the Bay Area Air District ( BAAD) at least 14 days in advance of the test and shall submit to BAAD the compliance plan for the source test. CONSULTANT shall submit a report summarizing the results of the source test to CITY and BAAD within 45 days of completion of the test.
B) Annual Source Pre-Test
• In addition to the annual Source Test, CONSULTANT shall perform an annual source test “pre-test” one day prior to the official source test to identify compliance issues, troubleshoot, and tune the flare as necessary to ensure optimal performance and compliant Docusign Envelope ID: 71FDF2DA-3AFB-48FA-AAE9-E4E1CD16527E
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source test results. The pre-test does not require a report or notification to BAAD.
Task 3 – Routine Report Preparation
Task 3 is outlined below and includes report preparation in compliance with BAAD Rule 8-34, AB32 Landfill Methane Rule, and EPA Greenhouse Gas Reporting Rule, as listed below.
CONSULTANT shall provide a draft of each report to CITY for review prior to submittal to the respective agency, and shall incorporate CITY’s comments into the final reports for submittal.
The final reports and certifications shall be signed by the responsible CITY official, where required.
A. Annual Rule 8-34 Report (One Report Annually)
CONSULTANT shall prepare the Rule 8 -34 annual reports required by the BAAD.
CONSULTANT shall collect the necessary data to complete the reports under Section 411 of Rule 8-34. The reports shall be developed in the format prescribed by the BAAD. The reporting period covers December 1st through November 30th. The report is due the last day of the month after the end of the reporting period. The annual reports shall contain the following information, as required:
1) Operating Records Required by Section 501:
a) All collection system downtime, including individual well shutdown times, length of time for shutdown, and the reason for the shutdown. All periods greater than five (5) days when the collection system was not operating.
b) All emission control system downtime, length of time for shutdown, and the reason for the shutdown. Description and duration of all periods when the control device was not operating for greater than one (1) hour and the length of time that the device was not operating.
c) Continuous temperature records (data logger) for all operating flares and any enclosed combustors with a listing of the dates/times when flare temperature went below permitted limits and any times when temperature gauge was off-line or not operational.
d) Monthly LFG flow meter readings.
e) Records of all quarterly LFG system component leak testing, including monitoring dates, leak concentration by volume if in excess of 1,000 parts per million, by volume (ppmv), location of leak, date of discovery, the actions taken by the City or its mainte nance CONSULTANT to repair the leak, date of repair, date of any required re -monitoring, and the re-monitored concentration in ppmv.
f) Continuous gas flow rate records (data logger information) with a listing of the dates/times when flow rate went above permitted limits and any times when the flow meter was off - line or not operational.
g) Records of all quarterly surface emissions monitoring, including monitoring dates, surface emission concentration by volume if in excess of 500 ppmv, location of exceedance, date Docusign Envelope ID: 71FDF2DA-3AFB-48FA-AAE9-E4E1CD16527E
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of discovery, the actions taken by the CITY or its maintenance CONSULTANT to repair the exceedance, date of repair, date of any required re -monitoring, and the re -monitored concentration in ppmv.
h) For monthly wellhead monitoring (temperature, vacuum, and oxygen or nitrogen content), records of all monitoring dates and any excesses of the limits stated in Section 8 -34-305, Title 17, §95460 -§95476, and below (or approved alternative limits), including well identification number, the measured excess, the action taken by the CITY or its maintenance CONSULTANT to repair the excess, and the date of repair, date of any required re-monitoring, and the re-monitored value.
Gas wells
i) A minimum of monthly recording of gauge pressure at all wellheads (all wells must operate under negative pressure conditions).
ii) Monthly monitoring of oxygen or nitrogen concentrations at all wellheads (oxygen must not exceed 5 percent or nitrogen over 20 percent). iii) Monthly monitoring of temperatures at all wellheads (temperature shall not exceed 55C (131F)).
Leachate wells (connected to the LFG collection system) i) A minimum of monthly recording of gauge pressure, oxygen content, methane content, and temperature at each wellhead (the well(s) must be connected to vacuum if any pressure is detected);
iv) Monthly monitoring of oxygen concentrations at wellheads (oxygen must not exceed 15 percent by volume). If the oxygen concentration exceeds 15 percent by volume the vacuum to the leachate well may be turned off;
v) Monthly monitoring of temperatures at all wellheads (temperature shall not exceed 55C (131F)). If temperature exceeds 55 C (131F) the vacuum to the leachate well may be turned off;
2) Calibration information for monitoring equipment used for the various monitoring activities listed above (e.g., OVA, GEM-5000 unit, flow meter, temperature, etc.).
3) Description and duration of all periods when the gas stream was diverted from the control device.
4) The date of installation and location of all wells or system expansions as the result of monitoring exceedances during previous reporting period.
5) Data upon which the density of well and equipment sizing were based.
6) Gas generation rate estimates.
7) Provisions for increasing LFG extraction capacity as gas generation increases.
8) The provisions for the control of LFG migration.
B. AB32 – Landfill Methane Rule Annual Reporting (One Report Annually) Docusign Envelope ID: 71FDF2DA-3AFB-48FA-AAE9-E4E1CD16527E
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CITY is subject to the AB32 Landfill Methane Rule (Title 17 California Code of Regulations (CCR), Chapter 10, Article 4, Sub -article 6, §95462 through §95476), which has an annual reporting requirement. The required annual report under this Rule must be s ubmitted by March 15 of each year for the previous calendar year data.
Annual Reports must include the following information, as specified in §95470 of the Rule:
• General site information
• Total volume of LFG collected (reported in standard cubic feet (scf)), • Average composition of LFG collected over the reporting period (reported in percent methane and percent carbon dioxide by volume),
• Gas control device type, installation, rating, fuel type, and total LFG combusted in each control device,
• Date LFG collection system installed
• Percent methane destruction efficiency
• Volume and composition of gas shipped off-site
• Type and amount of supplemental fuels burned with the LFG. • Recent topographic map, and
• All required monitoring data.
CONSULTANT shall compile the required data into a report in a format suitable for submittal to the California Air Resources Board (CARB) Executive Officer. CONSULTANT shall provide a draft of the report to CITY for review. CONSULTANT shall incorporate CI TY comments into the final report and submit to CARB on behalf of the CITY.
C. EPA – Greenhouse Gas Annual Reporting (One Report Annually Submitted Online)
CITY is required under the EPA GHG reporting rule, 40 CFR Part 98, Subpart HH, to submit a report annually. CONSULTANT shall compile the required data and input into an appropriate electronic format in accordance with EPA GHG rule specifications for upload to the EPA’s online reporting tool (e -GRRT). CONSULTANT shall submit draft data file to CITY for review.
CONSULTANT shall incorporate CITY comments into the final report and submit to EPA via e - GRRT. CONSULTANT will be added to the website as CITY agent and shall manage the website reports on behalf of CITY.
The data to be reported is for calendar year 2025, 2026, 2027, 2028, and 2029, and the reporting deadline is March 30 of the following year. As specified in the EPA Rule, the following information is required:
• Landfill Operations (Open/closed/Year)
• Waste Disposal Calculations
• Waste Composition (If Available)
• Modeling Parameters Used
• Methane Data
• Landfill Area, Cover Types by Area, and Oxidation Fractions Used • LFG Modeling Results
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• Emissions from stationary combustion units.
• Flow of collected LFG
• Methane content of LFG
• Temperature and pressure data for LFG
• Description of control device(s) both on- and off-site • Control device operating hours
• Description of LFG collection system, landfill areas and waste depths • Computed methane volume captured
• Computed methane generated (corrected for oxidation using EPA model) • Computed methane generated (corrected for oxidation using LFG recovery flow and collection efficiency)
• Methane Emissions, Method 1 (Modeling)
• Methane Emissions, Method 2 (Gas Captured and Estimated Collection Efficiency)
Task 4 – On-Call Installation of Wells
As requested by CITY, CONSULTANT shall coordinate and perform all aspects of new or replacement LFG and leachate well installations. This could include, but is not limited to:
• Engineering of well;
• Preparation of drawings;
• Coordination of subcontractors;
• Drilling and completion of well;
• Providing well installation oversight and boring installation logs; • Final as-builts; and
• Well installation reports.
Where applicable, CONSULTANT shall pay prevailing wage rates for laborer(s) and technician(s) for work associated with well installation projects.
Before commencing a well installation, CONSULTANT must provide a payment bond and a performance bond, each in the penal sum of not less than 100% of the maximum price for each installation, and each executed by CONSULTANT and its surety using the bond forms attached hereto as Exhibit G. Each bond must be issued and executed by a surety admitted in California.
Prior to the commencement of any well drilling project, CONSULTANT shall submit a Site - Specific Health and Safety Plan (SSHASP) two weeks prior to the start of work for review and approval by the City. The SSHASP shall include landfill specific considerations.
Task 5 – On-Call Engineering and Training Services
On occasion, CITY may ask CONSULTANT to evaluate the performance and design of the gas system using the services of a qualified LFG engineer. CONSULTANT shall provide engineering services for duties including, but not limited to, possible LFG and LCRS syst em design, permitting, and equipment change-out. Additionally, CITY may ask CONSULTANT to provide landfill gas technician training to staff. Work on these services requires written approval from CITY prior to CONSULTANT working on or billing to these subt asks. Typically, Docusign Envelope ID: 71FDF2DA-3AFB-48FA-AAE9-E4E1CD16527E
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CONSULTANT shall develop and submit a written cost estimate prior to work on these subtasks.
End Scope of services
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EXHIBIT A-1
PROFESSIONAL SERVICES TASK ORDER
CONSULTANT shall perform the Services detailed below in accordance with all the terms and conditions of the Agreement referenced in Item 1A below. All exhibits referenced in Item 8 are incorporated into this Task Order by this reference. CONSULTANT shall furnish the necessary facilities, professional, technical and supporting personnel required by this Task Order as described below.
CONTRACT NO.
OR PURCHASE ORDER REQUISITION NO. (AS APPLICABLE)
1A. MASTER AGREEMENT NO. (MAY BE SAME AS CONTRACT / P.O. NO. ABOVE):
1B. TASK ORDER NO.:
2. CONSULTANT NAME:
3. PERIOD OF PERFORMANCE: START: COMPLETION:
4 TOTAL TASK ORDER PRICE: $__________________
BALANCE REMAINING IN MASTER AGREEMENT/CONTRACT $_______________
5. BUDGET CODE_______________
COST CENTER________________
COST ELEMENT______________
WBS/CIP__________
PHASE__________
6. CITY PROJECT MANAGER’S NAME & DEPARTMENT:_____________________________________
7. DESCRIPTION OF SCOPE OF SERVICES (Attachment A)
MUST INCLUDE:
▪ SERVICES AND DELIVERABLES TO BE PROVIDED
▪ SCHEDULE OF PERFORMANCE
▪ MAXIMUM COMPENSATION AMOUNT AND RATE SCHEDULE (as applicable) ▪ REIMBURSABLE EXPENSES, if any (with “not to exceed” amount)
8. ATTACHMENTS: A: Task Order Scope of Services B (if any): _____________________________
I hereby authorize the performance of the
work described in this Task Order.
APPROVED:
CITY OF PALO ALTO
BY:____________________________________
Name __________________________________
Title___________________________________
Date ___________________________________
I hereby acknowledge receipt and acceptance of
this Task Order and warrant that I have
authority to sign on behalf of Consultant.
APPROVED:
COMPANY NAME: ______________________
BY:____________________________________
Name __________________________________
Title___________________________________
Date ___________________________________
Docusign Envelope ID: 71FDF2DA-3AFB-48FA-AAE9-E4E1CD16527E
Professional Services
Rev. Oct 16,2024
EXHIBIT B
SCHEDULE OF PERFORMANCE
CONSULTANT shall perform the Services so as to complete each milestone by the dates and/or with the frequencies specified on the Schedule. CONSULTANT shall submit a Monitoring and Reporting Schedule for approval by CITY within 2 weeks issuance of the notice to proceed (“NTP”). The Schedule shall include date -specific reporting milestones and specify the set day - of-the-week and frequencies of regularly -scheduled monitoring events as described in the scope of work and prescribed in the current Permit to Operate and Rule 8-34 regulations.
Optional Schedule of Performance Provision for On-Call or Additional Services Agreements. (This provision only applies if checked and only applies to on-call agreements per Section 1 or agreements with Additional Services per Section 4.)
The schedule of performance shall be as provided in the approved Task Order, as detailed in Section 1 (Scope of Services) in the case of on-call Services, or as detailed in Section 4 in the case of Additional Services, provided in all cases that the schedule of performance shall fall within the term as provided in Section 2 (Term) of this Agreement.
Docusign Envelope ID: 71FDF2DA-3AFB-48FA-AAE9-E4E1CD16527E
Professional Services
Rev. Oct 16,2024
EXHIBIT C
COMPENSATION
CITY agrees to compensate CONSULTANT for Services performed in accordance with the terms and conditions of this Agreement, and as set forth in the budget schedule below. Compensation shall be calculated based on the rate schedule attached as Exhibit C-1 up to the not to exceed budget amount for each task set forth below.
CITY’s Project Manager may approve in writing the transfer of budget amounts between any of the tasks or categories listed below , provided that the total compensation for the Services, including any specified reimbursable expenses, and the total compensation for Additional Services (if any, per Section 4 of the Agreement) do not exceed the amounts set forth in Section 4 of this Agreement.
CONSULTANT agrees to complete all Services , any specified reimbursable expenses, and Additional Services (if any, per Section 4), within this/these amount(s). Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth in this Agreement shall be at no cost to the CITY.
BUDGET SCHEDULE
ANNUAL TASKS NOT TO EXCEED AMOUNT
Task 1
(Routine and On-Call Landfill Gas System, Flare, Well- Head Monitoring, and Surface Monitoring and Reporting)
$192,390
Task 2
(Routine Landfill Flare Stack Emission Sampling,
Analytical Testing and Reporting)
$22,613
Task 3
(Routine Report Preparation)
$12,750
Task 4
(On Call Well Installation Services)
$20,000
Task 5
(On Call Other Engineering Services )
$20,000
Annual Sub-total for Services $267,753
Annual Reimbursable Expenses (if any) $7,500
Annual Total for Services and Reimbursable Expenses $275,253 Additional Services (if any, per Section 4) $27,525
ANNUAL Maximum Total Compensation $302,778
5-YEAR Maximum Total Compensation $1,513,890
Docusign Envelope ID: 71FDF2DA-3AFB-48FA-AAE9-E4E1CD16527E
Professional Services
Rev. Oct 16,2024
REIMBURSABLE EXPENSES
CONSULTANT’S ordinary business expenses , such as administrative, overhead, administrative support time/overtime, information systems, software and hardware, photocopying, telecommunications (telephone, internet), in-house printing, insurance and other ordinary business expenses, are included within the scope of payment for Services and are not reimbursable expenses hereunder.
Reimbursable expenses, if any are specified as reimbursable under this section , will be reimbursed at actual cost. The expenses (by type, e.g. travel) for which CONSULTANT will be reimbursed are: unanticipated parts needed on an emergency basis to prevent flare or gas collection system downtime or non-compliance up to the not-to-exceed amount of:
$7,500 per contract year for a total not-to-exceed contract amount of $37,500..
A. Travel outside the San Francisco Bay Area, including transportation and meals , if specified as reimbursable, will be reimbursed at actual cost subject to the City of Palo Alto’s policy for reimbursement of travel and meal expenses.
B. Long distance telephone service charges, cellular phone service charges, facsimile transmission and postage charges, if specified as reimbursable, will be reimbursed at actual cost.
All requests for reimbursement of expenses, if any are specified as reimbursable under this section, shall be accompanied by appropriate backup documentation and information.
Docusign Envelope ID: 71FDF2DA-3AFB-48FA-AAE9-E4E1CD16527E
Professional Services
Rev. Oct 16,2024
EXHIBIT C-1
SCHEDULE OF RATES
CONSULTANT’s schedule of rates is as follows:
Prevailing wage rates for work associated with Task 4 will be provided at time of on-call work request.
OM&M LABOR FEE SCHEDULE:
Technical Field Personnel Rate ($)/Hour
Laborer .....................................................................................................................................102 Field Technician I ....................................................................................................................120 Fusion Technician ....................................................................................................................125 Equipment Operator .................................................................................................................127 Field Technician II ...................................................................................................................130 Controls Technician .................................................................................................................134 Plant Operator/LTP ..................................................................................................................137 GIS Technician (RMC) ............................................................................................................138 Associate Developer ................................................................................................................141 Senior Field Technician ...........................................................................................................143 Mechanic ..................................................................................................................................145 OM&M Project Foreman .........................................................................................................145 Support Manager ......................................................................................................................157 OM&M Superintendent ...........................................................................................................165 Fleet Administrator ..................................................................................................................171 Drone Pilot (RMC) ..................................................................................................................182 Controls Specialist (RMC) .......................................................................................................206 Senior OM&M Superintendent ................................................................................................216 Systems Integrator (RMC) .......................................................................................................262
Management/Support Personnel Rate ($)/Hour
Secretarial .................................................................................................................................102 Project Administrator ...............................................................................................................113 H&S Data Analyst/Support.......................................................................................................115 Associate Professional ..............................................................................................................119 Field Data Analyst ....................................................................................................................121 RMC Support Technician .........................................................................................................122 Designer/Drafter .......................................................................................................................136 Senior Project Administrator ....................................................................................................141 Administrative Coordinator ......................................................................................................147 Senior Field Data Analyst .........................................................................................................169 Field Project Coordinator ..........................................................................................................175 Project Professional ...................................................................................................................176 Project Estimator (RMC) ...........................................................................................................186 Project Coordinator/Accountant .................................................................................................186 Regional H&S Specialist ...........................................................................................................196 Docusign Envelope ID: 71FDF2DA-3AFB-48FA-AAE9-E4E1CD16527E
Professional Services
Rev. Oct 16,2024
eTools Support Manager ..........................................................................................................196 Senior H&S Specialist...............................................................................................................225 H&S Manager ...........................................................................................................................260 Field Project Manager ...............................................................................................................271 Regional Quality Advisor .........................................................................................................271 Project Manager ........................................................................................................................281 GIS Developer (RMC) ..............................................................................................................287 Senior Project Professional .......................................................................................................293 Senior Project Manager.............................................................................................................310 Quality Manager .......................................................................................................................338 Regional Manager/Project Director ..........................................................................................349 Director of Technology (RMC) ................................................................................................362 RMC Business Manager (RMC) ...............................................................................................365 Senior Project Advisor ..............................................................................................................372 National RMC/eTools Technology Director .............................................................................396
1. On short-term or one-time assignments, services that require less than eight (8) hours, but more than four (4) hours, will be billed at eight (8) hours. A minimum of four (4) hours will be billed for any service requested which is not conducted in conjunction with an ongoing, long term project (including call-outs after normal work hours), and will be charged portal-to-portal from SCS Field Services offices.
2. The above rates include salary, overhead, and profit. Other direct charges, such as subcontractors, construction equipment, materials, air travel, freight, auto rental, permits, fees, taxes, tolls, and other costs incurred for the project, will be billed at cost plus 10 percent.
The cost of equipment owned by SCS Field Services will not be subject to administrative markup. Automobile mileage cost is $0.71 per mile and is subject to change per Federal IRS laws. Trucks will be charged at $30.00/hour. (No administrative mark-up will be applied to charges for company-owned vehicles.)
4. For operation, construction, and/or repair work performed on weekends and/or nights (if work exceeds 8 hours in a day), the above rates will be marked up 50 percent. For work performed on company-recognized holidays or beyond 12 hours in a day, the above rates will be marked up 100 percent.
5. These rates are based on non-union, non-prevailing wage scales.
6. For long-term on-site project assignments, rates may be discounted on an individually negotiated basis. Long-term on-site personnel are permitted to return home every four (4) weeks.
Travel expenses shall be invoiced to the client at cost plus 10 percent.
7. For projects that require crews to mobilize from a local office and stay in a hotel local to a project site to efficiently perform client-requested work, a $65 per day per person per diem cost will be charged to the project as well as a nightly hotel cost. Hotel costs typically range from $125 to $225 per night. SCS Field Services will make every effort to find the most cost efficient hotels. In some high-expense locations, hotel rates may be above $225 per night. Hotel and per diem expenses will be marked up 10 percent.
Docusign Envelope ID: 71FDF2DA-3AFB-48FA-AAE9-E4E1CD16527E
Professional Services
Rev. Oct 16,2024
ENGINEERING LABOR FEE SCHEDULE:
($)/Hour
Clerical ....................................................................................................................................... 101 Administrative/Secretarial ......................................................................................................... 108 Technician .................................................................................................................................. 125 CAD Drafter ............................................................................................................................... 133 Senior Engineering Technician .................................................................................................. 138 Technical Associate I ................................................................................................................. 143 Technical Associate II ................................................................................................................ 149 Assistant Office Services Manager/Project Administrator ........................................................ 149 Office Services Manager/Senior Project Administrator ............................................................ 154 Associate Staff Professional I .................................................................................................... 159 Project Analyst ........................................................................................................................... 160 Associate Staff Professional II ................................................................................................... 167 CAD Designer I.......................................................................................................................... 170 Staff Professional I ..................................................................................................................... 162 Staff Professional II ................................................................................................................... 178 Senior Office Services Manager ................................................................................................ 180 CAD Designer II......................................................................................................................... 186 Staff Professional III .................................................................................................................. 186 Project Professional I ................................................................................................................. 194 Project Professional II ................................................................................................................ 202 Project Professional III .............................................................................................................. 210 Senior Project Professional I ...................................................................................................... 220 Senior Project Professional II .................................................................................................... 233 Senior Project Professional III ................................................................................................... 244 Industrial Hygienist/Safety Professional .................................................................................... 249 Project Manager I ....................................................................................................................... 257 Project Manager II ..................................................................................................................... 265 Senior Certified Industrial Hygienist/Safety Professional ......................................................... 271 Project Manager III .................................................................................................................... 282 Project Manager IV .................................................................................................................... 295 Senior Project/Technical Manager I .......................................................................................... 308 Senior Project/Technical Manager II ......................................................................................... 315 Senior Project Advisor…............................................................................................................ 317 Project Director I ........................................................................................................................ 329 Project Director II ...................................................................................................................... 339 Project Director III ..................................................................................................................... 355 Principals and Executives ............................................................................................... See Note 3
General Terms
1. Costs for outside consultants and subcontractors, equipment/supplies, and for job-related employee travel and subsistence, are billed at actual cost plus a 10 percent administrative fee.
2. Charges for SCS field equipment and instruments will be in accordance with SCS’s Field Equipment Rental Rates Schedule in effect at the time the work is performed. Company trucks Docusign Envelope ID: 71FDF2DA-3AFB-48FA-AAE9-E4E1CD16527E
Professional Services
Rev. Oct 16,2024
are charged at $115 for up to a half day (4 hours) of use, and $170 for up to a full day (company cars at $90/$130). These charges incorporate an allowance of 100 miles per job per day; a per mile surcharge is applied for additional miles based on the applicable federal rate. Vehicle charges for long-term and/or high-mileage projects may be negotiated on a case-by-case basis.
3. Hourly rates for Principals and Executives can be on an individually negotiated basis. In the absence of a project-specific agreement, these rates are $377/hour for Principals, $403 for Vice Presidents, and $461/hour for Senior Vice Presidents and Senior Executives.
OM&M FEE SCHEDULE FOR EQUIPMENT AND ANALYSIS:
GEM 2000 NAV/5000 NAV/Envision Gas Analyzer(s):
• Daily Rate ..................................................................................................................... 248/day • Weekly Rate ........................................................................................................... 1,234/week • Monthly Rate ........................................................................................................ 3,705/month
Gazoscan Kit
• Daily Rate ..................................................................................................................... 253/day • Weekly Rate ........................................................................................................... 1,247/week • Monthly Rate ........................................................................................................ 3,742/month
GEM 5000 w/H2S/CO
• Daily Rate ..................................................................................................................... 270/day • Weekly Rate ........................................................................................................... 1,335/week • Monthly Rate ........................................................................................................ 4,004/month
SEM 500/TVA 2020/TDL 500/ Site FID Emissions Monitor/Irwin Inficon SEM:
• Daily Rate ..................................................................................................................... 270/day • Weekly Rate ........................................................................................................... 1,335/week • Monthly Rate ........................................................................................................ 4,004/month
SEM Methane Detection Robot Dog System ......................................................................900/day Optical Gas Imaging (OGI) Camera…………….................................................................855/day Drone Methane Detection System .......................................................................................700/day Drone Photogrammetry/Videography Unit...........................................................................400/day FLIR Si2 Acoustic Leak Detector……………………….………………..……………….250/day Q Rae Gas Analyzer O2/H2S/CO/Combustibles .................................................................. 66/day Micro Max Gas Analyzer O2/H2S/CO/COI Combustibles .................................................. 66/day 4 Gas Meter ........................................................................................................................... 66/day Magnehelic Pressure Meter ................................................................................................... 15/day Digital Readout Thermocouple ............................................................................................. 33/day Dewatering Pump (Trash Pump) ........................................................................................... 61/day Dräger Detector Tubes/Pump .............................................................................................. 28/each
MiniRae 2000/3000 PID:
• Daily Rate ..................................................................................................................... 201/day • Weekly Rate ........................................................................................................... 1,003/week • Monthly Rate ........................................................................................................ 3,012/month Docusign Envelope ID: 71FDF2DA-3AFB-48FA-AAE9-E4E1CD16527E
Professional Services
Rev. Oct 16,2024
RKI Eagle II:
• Daily Rate ..................................................................................................................... 201/day • Weekly Rate ........................................................................................................... 1,003/week • Monthly Rate ........................................................................................................ 3,012/month
Air Sampling Station:
• Daily Rate ........................................................................................................................ 66/day • Weekly Rate ............................................................................................................... 328/week • Monthly Rate ........................................................................................................ 1,012/month
Weather Station:
• Daily Rate .......................................................................................................................66/day • Weekly Rate ............................................................................................................. 328/week • Monthly Rate ........................................................................................................1,012/month
Pipe Laser:
• Daily Rate ........................................................................................................................ 66/day • Weekly Rate ............................................................................................................... 328/week • Monthly Rate ........................................................................................................ 1,012/month
PAS 3000 Personal Air Sampling Pump .............................................................................. 35/day Tedlar Bag (1-Liter) ............................................................................................................ 30/each Sample Flow Controller/Tier II Gauge ................................................................................. 57/day Non-Contaminating Air Sampling Pump .............................................................................. 36/day Interface Probe ...................................................................................................................... 66/day
Handheld GPS:
• Daily Rate ........................................................................................................................ 35/day • Weekly Rate ............................................................................................................... 169/week • Monthly Rate ........................................................................................................... 506/month
Submersible Pump:
• Daily Rate ........................................................................................................................ 66/day • Weekly Rate ............................................................................................................... 328/week • Monthly Rate ........................................................................................................ 1,012/month
Water Level Indicator:
• Daily Rate ........................................................................................................................ 28/day • Weekly Rate ............................................................................................................... 132/week • Monthly Rate ........................................................................................................... 411/month
Water Level Meter w/Temperature:
• Daily Rate ........................................................................................................................ 61/day • Weekly Rate ............................................................................................................... 299/week • Monthly Rate ........................................................................................................... 900/month
100-Foot Temperature Probe:
Docusign Envelope ID: 71FDF2DA-3AFB-48FA-AAE9-E4E1CD16527E
Professional Services
Rev. Oct 16,2024
• Daily Rate ........................................................................................................................ 22/day • Weekly Rate ............................................................................................................... 108/week • Monthly Rate ........................................................................................................... 319/month
Teflon Well Bailer ............................................................................................................... 35/each Vacuum Box/Carbon Canister and Blower ......................................................................... 201/day Tool Truck ........................................................................................................................... 30/hour
No. 14 P.E. Fusion Machine (1”-4”)
• Daily Rate ..................................................................................................................... 145/day • Weekly Rate ............................................................................................................... 725/week • Monthly Rate ........................................................................................................ 2,208/month
No. 26 P.E. Fusion Machine (2”-6”):
• Daily Rate ..................................................................................................................... 200/day • Weekly Rate ........................................................................................................... 1,000/week • Monthly Rate ........................................................................................................ 2,713/month
No. 28 P.E. Fusion Machine (2”-8”)
• Daily Rate ..................................................................................................................... 255/day • Weekly Rate ........................................................................................................... 1,275/week • Monthly Rate ........................................................................................................ 3,611/month
No. 412 P.E. Fusion Machine (4”-12”):
• Daily Rate ..................................................................................................................... 500/day • Weekly Rate ........................................................................................................... 2,200/week • Monthly Rate ........................................................................................................ 6,600/month
No. 618 P.E. Fusion Machine (6”-18”):
• Daily Rate ..................................................................................................................... 740/day • Weekly Rate ........................................................................................................... 3,400/week • Monthly Rate ........................................................................................................ 9,400/month
Trackstar 500 Fusion Machine
• Daily Rate ..................................................................................................................... 842/day • Weekly Rate ........................................................................................................... 4,210/week • Monthly Rate ........................................................................................................ 9,200/month
Sidewinder Fusion Machine
• Daily Rate ..................................................................................................................... 250/day • Weekly Rate ........................................................................................................... 1,250/week • Monthly Rate ........................................................................................................ 3,500/month
Electrofusion Processor Machine:
• Daily Rate ..................................................................................................................... 245/day • Weekly Rate ........................................................................................................... 1,225/week • Monthly Rate ........................................................................................................ 3,430/month
Docusign Envelope ID: 71FDF2DA-3AFB-48FA-AAE9-E4E1CD16527E
Professional Services
Rev. Oct 16,2024
Leister Extrusion Welding Gun .......................................................................................... 211/day Leister Extrusion Welding Gun (large) ............................................................................... 590/day Air Compressor ..................................................................................................................... 81/day Arc Welder ............................................................................................................................ 99/day Generator (3,500-Watt) ......................................................................................................... 81/day Generator (5,000-Watt) ......................................................................................................... 99/day Generator (6,000-Watt) ....................................................................................................... 107/day Generator (8,000-Watt) ....................................................................................................... 112/day
Isolation Pinch-off Tool (1”-4”):
• Daily Rate ........................................................................................................................ 53/day • Weekly Rate ............................................................................................................... 268/week • Monthly Rate ........................................................................................................... 805/month
Isolation Pinch-off Tool (2”-6”):
• Daily Rate ..................................................................................................................... 190/day • Weekly Rate ............................................................................................................... 760/week • Monthly Rate ........................................................................................................ 2,280/month
Isolation Pinch-off Tool (2”-8”):
• Daily Rate ..................................................................................................................... 200/day • Weekly Rate ............................................................................................................... 800/week • Monthly Rate ........................................................................................................ 2,400/month
Isolation Pinch-off Tool (6”-8”):
• Daily Rate ..................................................................................................................... 500/day • Weekly Rate ........................................................................................................... 2,000/week • Monthly Rate ........................................................................................................ 6,000/month
Isolation Pinch-off Tool (8”-12”):
• Daily Rate .................................................................................................................. 1,500/day • Weekly Rate ........................................................................................................... 6,000/week • Monthly Rate ...................................................................................................... 18,000/month
4-Wheeler with 44” Mow Deck:
• Daily Rate ..................................................................................................................... 134/day • Weekly Rate ............................................................................................................... 669/week • Monthly Rate ........................................................................................................ 2,002/month
Riding Mower:
• Daily Rate ..................................................................................................................... 235/day • Weekly Rate ........................................................................................................... 1,173/week • Monthly Rate ........................................................................................................ 3,518/month
Chain Saw:
• Daily Rate ........................................................................................................................ 17/day • Weekly Rate ................................................................................................................. 77/week • Monthly Rate ........................................................................................................... 224/month Docusign Envelope ID: 71FDF2DA-3AFB-48FA-AAE9-E4E1CD16527E
Professional Services
Rev. Oct 16,2024
Horiba Water Quality Meter:
• Daily Rate ........................................................................................................................ 66/day • Weekly Rate ............................................................................................................... 328/week • Monthly Rate ........................................................................................................ 1,012/month
Hydrogen Sulfide Meter:
• Daily Rate ..................................................................................................................... 254/day • Weekly Rate ........................................................................................................... 1,269/week • Monthly Rate ........................................................................................................ 3,817/month
Infrared Thermometer:
• Daily Rate ........................................................................................................................ 17/day • Weekly Rate ................................................................................................................. 77/week • Monthly Rate ........................................................................................................... 224/month
Micropurge Flow Cell (Groundwater):
• Daily Rate ..................................................................................................................... 134/day • Weekly Rate ............................................................................................................... 669/week • Monthly Rate ........................................................................................................ 2,002/month
Oiless Compressor and Control Box (Groundwater):
• Daily Rate ........................................................................................................................ 99/day • Weekly Rate ............................................................................................................... 499/week • Monthly Rate ........................................................................................................ 1,497/month
Earth/Resistance Tester:
• Daily Rate ..................................................................................................................... 134/day • Weekly Rate ............................................................................................................... 669/week • Monthly Rate ........................................................................................................ 2,002/month
Pitot Tube and Gauges:
• Daily Rate ........................................................................................................................ 17/day • Weekly Rate ................................................................................................................. 53/week • Monthly Rate ........................................................................................................... 224/month
Pressure Washer:
• Daily Rate ........................................................................................................................ 66/day • Weekly Rate ............................................................................................................... 328/week • Monthly Rate ........................................................................................................ 1,010/month
Turbidity Meter/Conductivity Meter:
• Daily Rate ........................................................................................................................ 35/day • Weekly Rate ............................................................................................................... 169/week • Monthly Rate ........................................................................................................... 506/month
Vacuum Air Pump:
• Daily Rate ..................................................................................................................... 134/day Docusign Envelope ID: 71FDF2DA-3AFB-48FA-AAE9-E4E1CD16527E
Professional Services
Rev. Oct 16,2024
• Weekly Rate ............................................................................................................... 669/week • Monthly Rate ........................................................................................................ 2,002/month
Downhole Video Camera System ....................................................................................... 270/day
Weed Trimmer:
• Daily Rate ........................................................................................................................ 35/day • Weekly Rate ............................................................................................................... 169/week • Monthly Rate ........................................................................................................... 506/month
Safety Equipment:
• Tyvek Suit (each) ......................................................................................................... 20/each • Polyethylene suit (each) .............................................................................................. 25/each • PVC Gloves (per pair) ................................................................................................... 20/each • Rubber booties (per pair) ............................................................................................ 20/each • Organic Vapor Cartridges (per pair) ............................................................................ 25/each • Organic Vapor/Acid Cartridges (per pair) ................................................................... 32/each • Cartridges pre-filters (per pair) ................................................................................... 20/each • Half face respirator (each) ............................................................................................. 28/day • Full face respirator (each) ............................................................................................. 35/day • Ventilator/manhole blowers .......................................................................................... 35/day • Parachute harness ......................................................................................................... 17/day • Tripod:
- Daily Rate ............................................................................................................. 99/day - Weekly Rate....................................................................................................... 490/week - Monthly Rate ................................................................................................. 1,496/month • SCBA ................................................................................................................................ 270/day • Supplied Air Trailer……………………………………………………...……………… 500/day - Weekly Rate...................................................................................................... 2000/week - Monthly Rate .................................................................................................. 8000/month
General Terms
1. Equipment usage rates are exclusive of freight charges to and from the project site. Freight is an additional expense chargeable to CITY.
2. Shipping, supplies, equipment rental, materials, vehicle mileage, and other non-labor equipment costs or direct costs are billed at cost plus 10 percent.
3. Equipment rented will be charged portal-to-portal from SCS Field Services offices. Renter is responsible for return charges.
4. The cost of equipment owned by SCS Field Services will not be subject to administrative markup.
Docusign Envelope ID: 71FDF2DA-3AFB-48FA-AAE9-E4E1CD16527E
Professional Services
Rev. Oct 16,2024
EXHIBIT D
INSURANCE REQUIREMENTS
CONSULTANTS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE
CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH AM BEST’S KEY RATING OF A -:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA.
AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS AS SPECIFIED HEREIN.
REQUIRED TYPE OF COVERAGE REQUIREMENT
MINIMUM LIMITS
EACH
OCCURRENCE AGGREGATE
YES
YES
WORKER’S COMPENSATION
EMPLOYER’S LIABILITY
STATUTORY
STATUTORY STATUTORY STATUTORY
YES
GENERAL LIABILITY, INCLUDING
PERSONAL INJURY, BROAD FORM
PROPERTY DAMAGE BLANKET
CONTRACTUAL, AND FIRE LEGAL
LIABILITY
BODILY INJURY
PROPERTY DAMAGE
BODILY INJURY & PROPERTY
DAMAGE COMBINED.
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
YES
AUTOMOBILE LIABILITY,
INCLUDING ALL OWNED, HIRED,
NON-OWNED
BODILY INJURY
- EACH PERSON
- EACH OCCURRENCE
PROPERTY DAMAGE
BODILY INJURY AND PROPERTY
DAMAGE, COMBINED
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
YES
PROFESSIONAL LIABILITY,
INCLUDING, ERRORS AND
OMISSIONS, MALPRACTICE (WHEN
APPLICABLE), AND NEGLIGENT
PERFORMANCE
ALL DAMAGES $1,000,000
YES
THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONSULTANT, AT ITS SOLE COST
AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM
OF ANY RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONSULTANT AND ITS SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’ COMPENSATION, EMPLOYER’S LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES.
I. INSURANCE COVERAGE MUST INCLUDE:
A. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONSULTANT’S AGREEMENT TO INDEMNIFY CITY.
II. THE CONSULTANT MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE AT THE FOLLOWING EMAIL: [email protected]
III. ENDORSEMENT PROVISIONS WITH RESPECT TO THE INSURANCE AFFORDED TO ADDITIONAL INSUREDS:
A. PRIMARY COVERAGE
WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED,
INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR
CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS.
Docusign Envelope ID: 71FDF2DA-3AFB-48FA-AAE9-E4E1CD16527E
Professional Services
Rev. Oct 16,2024
B. CROSS LIABILITY
THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER
THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE
INSURED AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE
INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY.
C. NOTICE OF CANCELLATION
1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON
OTHER THAN THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
EVIDENCE OF INSURANCE AND OTHER RELATED NOTICES ARE REQUIRED TO BE FILED WITH THE CITY OF PALO ALTO SENT TO THE FOLLOWING EMAIL:
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EXHIBIT E
DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS
This Exhibit shall apply only to a contract for public works construction, alteration, demolition, repair or maintenance work, CITY will not accept a bid proposal from or enter into this Agreement with CONSULTANT without proof that CONSULTANT and its listed subcontrac tors are registered with the California Department of Industrial Relations (“DIR”) to perform public work, subject to limited exceptions. City requires CONSULTANT and its listed subcontractors, if any, to comply with all applicable requirements of the California Labor Code including but not limited to Labor Code Sections 1720 through 1861, and all applicable related regulations, including but not limited to Subchapter 3, Title 8 of the California Code of Regulations Section 16000 et seq ., as amended from time to time. This Exhibit E applies in addition to the provisions of Section 26 (Prevailing Wages and DIR Registration for Public Works Contracts) of the Agreement.
CITY provides notice to CONSULTANT of the requirements of California Labor Code Section 1771.1(a), which reads:
“A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or Section 10164 or 20103.5 of the Public Co ntract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.”
This Project is subject to compliance monitoring and enforcement by DIR. All contractors must be registered with DIR per Labor Code Section 1725.5 in order to submit a bid. All subcontractors must also be registered with DIR. No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with DIR. Additional information regarding public works and prevailing wage requirements is available on the DIR web site (see e.g. http://www.dir.ca.gov) as amended from time to time.
CITY gives notice to CONSULTANT and its listed subcontractors that CONSULTANT is required to post all job site notices prescribed by law or regulation.
CONSULTANT shall furnish certified payroll records directly to the Labor Commissioner (DIR) in accordance with Subchapter 3, Title 8 of the California Code of Regulations Section 16461 (8 CCR Section 16461).
CITY requires CONSULTANT and its listed subcontractors to comply with the requirements of Labor Code Section 1776, including but not limited to:
Keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by, respectively, CONSULTANT and its listed subcontractors, in connection with the Project.
Docusign Envelope ID: 71FDF2DA-3AFB-48FA-AAE9-E4E1CD16527E
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The payroll records shall be verified as true and correct and shall be certified and made available for inspection at all reasonable hours at the principal office of CONSULTANT and its listed subcontractors, respectively.
At the request of CITY, acting by its Project Manager, CONSULTANT and its listed subcontractors shall make the certified payroll records available for inspection or furnished upon request to the CITY Project Manager within ten (10) days of receipt of CITY’s request.
CITY requests CONSULTANT and its listed subcontractors to submit the certified payroll records to CITY’s Project Manager at the end of each week during the Project.
If the certified payroll records are not pro vided as required within the 10 -day period, then CONSULTANT and its listed subcontractors shall be subject to a penalty of one hundred dollars ($100.00) per calendar day, or portion thereof, for each worker, and CITY shall withhold the sum total of penalties from the progress payment(s) then due and payable to CONSULTANT.
Inform CITY’s Project Manager of the location of CONSULTANT’s and its listed subcontractors’ payroll records (street address, city and county) at the commencement of the Project, and also provide notice to CITY’s Project Manager within five (5) business days of any change of location of those payroll records.
Eight (8) hours labor constitutes a legal day’s work. CONSULTANT shall forfeit as a penalty to CITY, $25.00 for each worker employed in the execution of the Agreement by CONSULTANT or any subcontractor for each calendar day during which such worker is req uired or permitted to work more than eight (8) hours in any one calendar day or forty (40) hours in any one calendar week in violation of the provisions of the Labor Code, and in particular, Sections 1810 through 1815 thereof, except that work performed by employees of CONSULTANT or any subcontractor in excess of eight (8) hours per day, or forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day, or forty (40) hours per week, at no t less than one and one -half (1&1/2) times the basic rate of pay, as provided in Section 1815.
CONSULTANT shall secure the payment of workers’ compensation to its employees as provided in Labor Code Sections 1860 and 3700 (Labor Code 1861). CONSULTANT shall sign and file with the CITY a statutorily prescribed statement acknowledging its obligation to secure the payment of workers’ compensation to its employees before beginning work (Labor Code 1861).
CONSULTANT shall post job site notices per regulation (Labor Code 1771.4(a)(2)).
CONSULTANT shall comply with the statutory requirements regarding employment of apprentices including without limitation Labor Code Section 1777.5. The statutory provisions will be enforced for penalties for failure to pay prevailing wages and for failure to comply with wage and hour laws.
Docusign Envelope ID: 71FDF2DA-3AFB-48FA-AAE9-E4E1CD16527E
Professional Services
Rev. Oct 16,2024
EXHIBIT F
CLAIMS FOR PUBLIC CONTRACT CODE SECTION 9204 PUBLIC WORKS
PROJECTS
The provisions of this Exhibit are provided in compliance with Public Contract Code Section 9204; they provide the exclusive procedures for any claims pursuant to Public Contract Code Section 9204 related to the Services performed under this Agreement.
1. Claim Definition. “Claim” means a separate demand by the Contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by the City.
(B) Payment by the City of money or damages arising from the Services performed by, or on behalf of, the Contractor pursuant to the Agreement and payment for which is not otherwise expressly provided or to which the Contractor is not otherwise entitled. (C) Payment of an amount that is disputed by the City.
2. Claim Process.
(A) Timing. Any Claim must be submitted to City in compliance with the requirements of this Exhibit no later than fourteen (14) days following the event or occurrence giving rise to the Claim. This time requirement is mandatory; failure to submit a Claim within four teen (14) days will result in its being deemed waived.
(B) Submission. The Claim must be submitted to City in writing, clearly identified as a “Claim” submitted pursuant to this Exhibit, and must include reasonable documentation substantiating the Claim. The Claim must clearly identify and describe the dispute, including relevant references to applicable portions of the Agreement, and a chronology of relevant events.
Any Claim for additional payment must include a complete, itemized breakdown of all labor, materials, taxes, insurance, and subcontract, or other costs. Substantiating documentation such as payroll records, receipts, invoices, or the like, must be submitted in support of each claimed cost.
Any Claim for an extension of time or delay costs must be substantiated with schedule analysis and narrative depicting and explaining claimed time impacts.
(C) Review. Upon receipt of a Claim in compliance with this Exhibit, the City shall conduct a reasonable review of the Claim and, within a period not to exceed 45 days from receipt, shall provide the Contractor a written statement identifying what portion of the Cla im is disputed and what portion is undisputed. Upon receipt of a Claim, the City and Contractor may, by mutual agreement, extend the time period provided in this paragraph 2.
(D) If City Council Approval Required. If the City needs approval from the City Council to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the Claim, and the City Council does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a Claim sent by registered mail or certified mail, return receipt requested, the City shall have up to three days following the next duly publicly noticed meeting of the City C ouncil after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.
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(E) Payment. Any payment due on an undisputed portion of the Claim shall be processed and made within 60 days after the City issues its written statement. If the City fails to issue a written statement, paragraph 3, below, shall apply.
3. Disputed Claims
(A) Meet and Confer. If the Contractor disputes the City's written response, or if the City fails to respond to a Claim submitted pursuant to this Exhibit within the time prescribed, the Contractor may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute. Within 10 business days following the conclusion of the meet and confer conference, if the Claim or any portion of the Claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of the Claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the Claim shall be processed and made within 60 days after the City issues its written statement.
(B) Mediation. Any remaining disputed portion of the Claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the Claim has been identified in writing by the Contractor. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qua lified neutral third party to mediate the disputed portion of the Claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the Cl aim remaining in dispute shall be subject to any other remedies authorized by the Agreement and laws.
(i) For purposes of this paragraph 3.B, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation.
Any mediation utilized shall conform to the timeframes in this section.
(ii) Unless otherwise agreed to by the City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation, if any, under Public Contract Code Section 20104.4 to mediate after litigation has been commenced.
4. City’s Failure to Respond. Failure by the City to respond to a Claim from the Contractor within the time periods described in this Exhibit or to otherwise meet the time requirements of this Exhibit shall result in the Claim being deemed rejected in its entirety. A Claim that is de nied by reason of the City's failure to have responded to a Claim, or its failure to otherwise meet the time requirements of this Exhibit, shall not constitute an adverse finding with regard to the merits of the Claim or the responsibility or qualifications of the Contractor.
5. Interest. Amounts not paid in a timely manner as required by this section shall bear interest at seven (7) percent per annum.
Docusign Envelope ID: 71FDF2DA-3AFB-48FA-AAE9-E4E1CD16527E
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6. Approved Subcontractor Claims . If an approved subcontractor or a lower tier subcontractor lacks legal standing to assert a Claim against the City because privity of contract does not exist, the Contractor may present to the City a Claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the Contractor present a Claim for work which was performed by the subcontractor or by a low er tier subcontractor on behalf of the subcontractor.
The subcontractor requesting that the Claim be presented to the City shall furnish reasonable documentation to support the Claim. Within 45 days of receipt of this written request, the Contractor shall notify the subcontractor in writing as to whether the Contractor presented the claim to the City and, if the Contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so.
7. Waiver of Provisions . A waiver of the rights granted by Public Contract Code Section 9204 is void and contrary to public policy, provided, however, that (1) upon receipt of a Claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) the City may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of Public Contract Co de Section 9204, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section.
Docusign Envelope ID: 71FDF2DA-3AFB-48FA-AAE9-E4E1CD16527E
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Rev. Oct 16,2024
EXHIBIT G
REQUIRED CITY BOND FORMS
[Require use of the attached City payment and performance bond forms if the Project Sum exceeds $25,000.]
Docusign Envelope ID: 71FDF2DA-3AFB-48FA-AAE9-E4E1CD16527E
Professional Services
Rev. Oct 16,2024
PERFORMANCE BOND
WHEREAS, the City Council of the City of Palo Alto, State of California (“ City”) and , (“ Principal”) have entered into an agreement dated , and identified as (“Agreement”), which is hereby referred to and made a part hereof whereby Principal agrees to install and complete certain designated public improvements; and
WHEREAS, Principal is required under the terms of the Agreement to furnish a surety bond for the faithful performance of the Agreement.
NOW, THEREFORE, Principal and ______________________________________, as Surety, incorporated under the Laws of the State of , and duly authorized to transact business as an admitted surety, under the laws of the State of California, are held and firmly bound unto City in the penal sum of dollars ($ ), for the payment whereof Principal and Surety bind themselves, their respective heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the Principal, Principal’s heirs, executors, administrators, successors, or assigns will promptly and faithfully keep and perform the covenants, conditions, and provisions of the Agreement and any alteration thereof, with or without notice to the Surety, and if Principal will satisfy all claims and demands incurred under the Agreement and will fully protect, indemnify, defend, and hold harmless City, its officers, agents, and employees from all claims, demands, or liabilities which may arise by reason of Principal’s failure to do so, and will reimburse and repay City all outlay and expenses which City may incur in making good any default, then this obligation will be null and void; otherwise, it will remain in full force and effect.
As part of the obligations secured hereto, and in addition to the face amount specified above, there will be included costs and reasonable expenses and fees, including reasonable attorney’s fees incurred by City in successfully enforcing such obligations, all to be taxed as costs and included in any judgment rendered. Surety will be liable for any liquidated damages for which the Principal may be liable under its Agreement, and such liquidated damages will be part of the obligations secured hereto, and in addition to the face amount specified above.
The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same, shall in any way affect its obligations on this security, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the agreement or to the work or to the specifications. Surety hereby waives the provisions of California Civil Code Sections 2845 and 2849. The City is the principal beneficiary of this bond and has all rights of a party hereto.
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Docusign Envelope ID: 71FDF2DA-3AFB-48FA-AAE9-E4E1CD16527E
Professional Services
Rev. Oct 16,2024
IN WITNESS WHEREOF, this instrument has been duly executed by the Surety and Principal above named on ______________, 20___.
____________________________________ Phone Number: _____________________ Name of Surety
Signature of Surety
By: Its:
Typed or Printed Name Title
Name of Contractor/Principal
Signature of Contractor/Principal
By: Its:
Typed or Printed Name Title
Docusign Envelope ID: 71FDF2DA-3AFB-48FA-AAE9-E4E1CD16527E
Professional Services
Rev. Oct 16,2024
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code § 1189)
STATE OF )
COUNTY OF )
On , before me, , a notary public in and for said County, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/t heir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
(Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
Docusign Envelope ID: 71FDF2DA-3AFB-48FA-AAE9-E4E1CD16527E
Professional Services
Rev. Oct 16,2024
PAYMENT BOND
WHEREAS, the City Council of the City of Palo Alto, State of California (“ City”) and , (“ Principal”), have entered into an agreement dated , and identified as (“Agreement”), which is hereby referred to and made a part here of, whereby Principal agrees to install and complete certain designated public improvements; and
WHEREAS, under the terms of the Agreement, Principal is required before entering upon the performance of the work to file a good and sufficient payment surety bond with City to secure the claims to which reference is made in Titles 1 and 3 (commencing with Section 8000) of Part 6 of Division 4 of the Civil Code of the State of California.
NOW, THEREFORE, Principal and _______________________________________, as Surety, incorporated under the laws of the State of ___________________________, and duly authorized to transact business as an admitted surety, under the laws of the State of California, are held and firmly bound unto City in the penal sum of dollars ($ ), this amount being not less than one hundred percent of the total amount payable by the terms of the Agreement per Civil Code section 9554, for the payment whereof Principal and Surety bind themselves, their respective heirs, executors, administrators, s uccessors, and assigns, jointly and severally, firmly by these presents.
The condition of this obligation is such that if Principal, Principal’s subcontractors, heirs, executors, administrators, successors, or assigns shall fail to pay any of the persons, companies, or corporations, referred to in section 9100 of the California Civil Code, as amended, with respect to any work of labor performed or materials supplied by any such persons, companies, or corporations, which work, labor, or materials are covered by the Agreement and any amendments, changes, change order, additions, alterations, or modifications thereof, or any amounts due under the California Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Principal and its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, as amended, with respect to such work and labor, the Surety will pay for the same, as specified in Civil Code section 9554, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, the Surety will pay reasonable attorney’s fees in an amount to be fixed by the court.
It is hereby expressly stipulated and agreed that this surety bond shall inure to the benefit of any and all persons, companies, and corporations entitled named in Section 9100 of the California Civil Code, as amended, so as to give a right of action to t hem or their assigns in any suit brought upon this surety bond.
The Surety agrees that no amendment, change, change order, addition, alteration, or modification to the terms of the agreement of the work to be performed thereunder or the specifications accompanying the same, shall in any way affect its obligations on this surety bond, provided the City waives the requirement for a new bond, and Surety does hereby waive notice of any such amendment, change, change order, addition, alteration, or modification to the terms of the agreement or to the work performed thereund er or to the specifications accompanying the same. Surety hereby waives the provisions of California Civil Code Sections 2845 and 2849.
Docusign Envelope ID: 71FDF2DA-3AFB-48FA-AAE9-E4E1CD16527E
Professional Services
Rev. Oct 16,2024
IN WITNESS WHEREOF, this instrument has been duly executed by the Surety and Principal above named on ______________, 20___.
____________________________________ Phone Number: _____________________ Name of Surety
Signature of Surety
By: Its:
Typed or Printed Name Title
Name of Contractor/Principal
Signature of Contractor/Principal
By: Its:
Typed or Printed Name Title
Docusign Envelope ID: 71FDF2DA-3AFB-48FA-AAE9-E4E1CD16527E
Professional Services
Rev. Oct 16,2024
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code § 1189)
STATE OF )
COUNTY OF )
On , before me, , a notary public in and for said County, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/t heir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
(Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
Docusign Envelope ID: 71FDF2DA-3AFB-48FA-AAE9-E4E1CD16527E