HomeMy WebLinkAbout1996-11-12 City Council (12)TO:
C ty
City of Palo Alto
Manager’s Report
HONORABLE CITY COUNCIL 6
FROM:CITY MANAGER DEPARTMENT: UTILITIES
AGENDA DATE: NOVEMBER 12, 1996 CMR: 461:96
SUBJECT:APPROVAL OF CONTRACT WITH CARDUCCI
LANDSCAPE ARCHITECTS, INC. TO EVALUATE
LANDSCAPE IRRIGATION SYSTEMS THROUGH FIELD
AUDIT AND PROVIDE RECOMMENDATIONS TO
CUSTOMERS
REQUEST:
This is a request for approval of a contract with Carducci Landscape Architects, Inc. in
the amount of $40,000 for performing landscape water efficiency audits and related
service during fiscal year 1996-97.
RECOMMENDATIONS:
Staff recommends that Council approve and authorize the Mayor to execute the attached
contract with Carducci Landscape Architects, Inc. in the amount of $40,000 to perform
landscape water efficiency audits and related services.
POLICY IMPLICATIONS:
The approval of this contract is consistent with existing policies.
EXECUTIVE SUMMARY:
Project Description
The Department of Utilities has been conducting landscape water efficiency audits, as one
of the Best Management Practices of the Memorandum of Understanding with the
California Urban Water Conservation Council (CMR:550:91), and as part of the overall
Landscape Efficiency Services Program implemented by Utility Marketing Services since
1994. This contract will continue the auditing of commercial landscaping of"Large
Sites" (3 acres or greater), and expand this service by offering similar activities for
"Standard Sites" (less than 3 acres.).
CMR:461:96 Page 1 of 3
The program is designed to operate for three years, subject to Council approval of
sufficient funds. Funding for this first year of the program is included in the fiscal year
96-97 Water Fund operating l~udget at $40,000 per year. Additional funding for future
years will be included in the budget process.
The contractor will provide evaluation of water utilitw customer irrigation systems,
detailed irrigation schedules, suggestions for improved management practices and an
economic analysis of suggested improvements. These results will be presented to the
customer in a persona! session. Also, comprehensive written materials, specifically for
that site and that customer, will be provided.
Selection Process
Staff sent a request for proposal to 31 firms on August 9, 1996. The proposal response
period was 28 days, in order to provide sufficient time for prospective contractors to
consider their proposals. A pre-proposal meeting was held on August 22, 1996; three
firms attended the meeting. Three firms submitted proposals on September 10, 1996.
Those firms not responding indicated that they did not submit a proposal for a variety of
reasons from not supplying auditing services, not being able to be competitive, to being
too busy at this time. The three firms submitting proposals represent the best and most
advanced work which staff has seen in this field.
A selection committee consisting of the City Project Manager, the Manager of Utility
Marketing Services, and ~o Key Account Representatives reviewed the proposals and
listened to each firm’s oral presentation of their proposed methodology (rankings are
indicated on the attached Evaluation Summary.). The committee carefully evaluated each
firm’s proposal relative to the following criteria: relevant experience, familiarity with
audit techniques and procedures, evidence of ability to deliver audits and reports in a
timely manner, price, and added benefit.
Selection Considerations
Two of the consultant firms, Agtech, Inc., and Carducci Landscape Architects, were
similar in skills and abilities. The third firm, GreenLeaf Mapping and Control Systems,
was ranked lowest because that company’s methodology, while innovative and
technically proficient, does not meet the requirements of the City’s Scope of Work for
this project. The ranking of Agtech, Inc. and Carducci Landscape Architects proved
somewhat difficult, as both firms have demonstrated competence and possess the
necessary professional qualifications. However, staff believes the additional benefit of
site mapping capability available from Carducci Landscape Architects will be helpful to
program participants. In addition, the lower per hour charges submitted by Carducci
Landscape Architects are estimated to allow for some greater amount of work to be
performed within the budget available than would be the case with the higher charges
CMR: 461:96 Page 2 of 3
submitted by Agtech, Inc.
The fee schedule submitted by Carducci Associates, Inc. was $70 per hour for
professional services and $40 per hour for clerical assistance. Agtech, Inc. Submitted a
fee schedule for a billing rate of $100 per hour for program management, $95 per hour for
database support, $52 per hour for field services, and $87 per hour for advisors.
GreenLeaf submitted a fee schedule for $36. Per irrigation valve per year instead of an
hourly charge as stated in the Request For Proposal.
FISCAL IMPACT
Funds for the project are included in the FY 1996-97 budget.
ENVIRONMENTAL ASSESSMENT
These services do not constitute a project for the purposes of the California
Environmental Qualit) Act.
ATTACHMENTS
Attachment A:
Attachment B:
Evaluation Summary
Agreement
PREPARED BY: Beth O’Connor
DEPARTMENT HEAD REVIEW:
Jo
of Utilities
CITY MANAGER APPROVAL:
CMR: 461:96 Page 3 of 3
ATTACHMENT A
E
Eo
o o o o
~0 ~ ~ ~0
o o o o
EL.0 0 0 0 0
0 0 0 ~0
III 0 0 0 0
Evaluation Summary
Page 1 of 5
RFP Number 90377 PROPOSAL EVALUATION SHEET
Utilities Marketing Services
Criteria
Completeness of Proposal
Methods Statement
Team List
Five References
List of Software
Acknowledgement of 2 Addendums
(add to 1.0)
Weight*Agtech Carducci
Rating: 1 is lowest, 5 is highest
GreenLeaf
0.1
4 4 2
5 5 2
4 4 4
3 5 3
1 5 5
4 4Samp e of a) small aud t and b) large audit ~4
Score:~2.1 2.7 2
Relevant Experience 0.4
Indicates ability to audit up to 200 acres/yr.2
Amount of auditing work per year for previous clients ~,2
Similarity of reference work with Palo Alto requirements i 5
Skill and ability of consultant as indicated in referenced work 5
Comprehensiveness and clar~ of sample audit reports 4
4 2
3 3
4 1
5 2.
5 3
Score:9.2;10.4 4.8:
0.3
5
5
5
5
Familiarity with Audit Procedures
Program manager:
Certification from IA
Advanced education and training
Technological knowledge
Clear, concise writing ability 4 5 ’,1
Technicians:
Certification from IA 4 4 1 ,
Can perform catch-can tests 5 5 1
Evidence of good communication ability 4 4 1...................................................................................................................... ..................................................... ....................... ............................
Audits and reports delivered in a 0.1 3i 4 2
........................................ .ti.m.e!.y..n~a.n.~e.[ ...............................................................................................................!.
Sere: 0.3~ 0.4’, 0.2
Price 0.05
Score:~0~0~0
Added Benefit 0.05 ’,4 4~3
.................................................................................................................................Score:~[ ..........................................................0.2 0.2 ~ ................0 . .....15
Totals:19.9 22.1 10.15
Evaluator: Auzenne
(*Score equals weight times sum of ratings)
Evaluation Summary - Page 2 of 5
RFP Number 90377 PROPOSAL EVALUATION SHEET
Utilities Marketing Services
Criteria
Completeness of Proposal
Methods Statement
Team List
Five References
List of Software
Acknowledgement of 2 Addendums
(add to 1,0)
Weight*Agtech
Rating: 1 is lowest, 5 is highest
GreenLeaf
0.1
5
5
5
Carducci
5
5
5
5
55
5
5
5
5
0
Score:~3 3"2.5
Relevant Experience
Indicates ability to audit up to 200 acres/yr.
Amount of auditing work per year for previous clients
Similarity of reference work with Palo Alto requirements
Skill and ability of consultant as indicated in referenced work
Comprehensiveness and clarity of sample audit reports
0.4
5:51 55515
5 5~1
51 5
5!5]4i
Ab ty to provide cost-effectve analysis 5.5............................................................................................................................................................. ~ ................................~ .............................; ................................
Score:,:,12i 121 8.4~
Familiarity with Audit Procedures 0.3
Program manager:’
Certification from IA 5 5 5
Advanced education and training 5 5 5
Technological knowledge 5 5 5
Clear, concise writing ability 5 5 ~0
Technicians:
Certification from IA 5 51 0
Can perform catch-can tests 5 5 i 0
Evidence of good communication ability 5i 5i 01
Score: i 10.5; 10.5 4.5!
Audits and reports delivered in a 0.1
timely manner
Price 0.05 ’:
Score:I 0.2~0.25!0.05
Added Benefit 0.05i 4 5i 3
Score.0.2 ~0.25 0.15
Totals:26.3 26.5 15.7
Evaluator: o’Connor
(*Score equals weight times sum of ratings)
Evaluation Summary - Page 3 of 5
RFP Number 90377 PROPOSAL EVALUATION SHEET
Utilities Marketing Services
Criteria
Completeness of Proposal
Methods Statement
Team List
Five References
List of Software
Acknowledgement of 2 Addendums
Sample of a) small audit and b) large audit
(add to 1.0)
Weight*
0.1
Agtech Carducci
Rating: 1 is lowest, 5 is highest
GreenLeaf
5 5
5 5
5 5
3 5
5 5
5 5
3
3
4
5
1
3
Score:2.81 3~1.9
Relevant Experience
Indicates ability to audit up to 200 acres/yr,
Amount of auditing work per year for previous clients
Similarity of reference work with Palo Alto requirements
Skill and ability of consultant as indicated in referenced work
Comprehensiveness and clarity of sample audit reports
Ability to provide cost-effective analysis
0.4
4
5
5
5
5
4
Score:i 11.2i 10.4:,7.2~
Familiarity with Audit Procedures
Program manager:
Certification from IA
Advanced education and training
Technological knowledge
0.3
5 5
5 5
5~5
5’,5
3
3
3
3
Technicians:
Certification from IA 5 5,3
Can perform catch-can tests ,~5 5 3
Evidence of good communication ability 5 5
Score:10.5 10.5 6.3
Audits and reports delivered in a 0.1 i ’timely manner
Score: ! 0.4I 0.41 0.3,,
Price 0.051 4!4!1
Score i 0.2 !0.2 I 0.05!
Added Benefit ’0.05i 1 1 1
Totals:25.15 24.55 15.8
Evaluator: Mangan
(*Score equals weight times sum of ratings)
Evaluation Summary - Page 4 of 5
RFP Number 90377 PROPOSAL EVALUATION SHEET
Utilities Marketing Services
Criteria
Completeness of Proposal
Methods Statement
Team List
Five References
List of Software
Acknowledgement of 2 Addendums
(add to 1.0)
Weight*
Rating: 1 is lowest, 5 is highest
i Carducci GreenLeaf,
5
5 5
5 5
5 5
5 0
5 4
~3 2,2
Agtech
0.1
5
5
5
5
5
Score:3
Relevant Experience
Indicates ability to audit up to 200 acres/yr.
Amount of auditing work per year for previous clients
Similarity of reference work with Palo Alto requirements
Skill and ability of consultant as indicated in referenced work
Comprehensiveness and clarity of sample audit reports
0.4
5
5
5
5
5
5~
5
5
5
5:
Ability to provide cost-effective analysis 5 i 5 }2
Score:1.6’12 ’8.8
Familiarity with Audit Procedures
Program manager:
Certification from IA 5 i 5 5
Advanced education and training 5’5,5
Technological knowledge 5 5i 5
Clear concise writing ability
i
4 5 3
Technicians.
Certification from IA 5 !5
Can perform catch-can tests ~5 5I 5
5 5~3Evidence of good communication ability ~
Score:1 10.2 10.5 9,3’,
Audits and reports delivered in a 0.1 i 5t 5 5!
timely manner ~
Sc~re:i 0 51 0.5 0 5i
Price 0.05i 5
..........................................................................................................................................Score:: .............................[t ................................0 25 T
Added Benefit 0 051
Totals:25.8 26.35 20.95
Evaluator: Walk
(*Score equals weight times sum of ratings)
Evaluation Summary - Page 5 of 5
EXHIBIT A
SCOPE OF WORK
CITY OF PALO ALTO IRRIGATION TECHNICAL ASSISTANCE
PROGRAM
I1.
III.
Statement of Purpose
The City of Palo Alto Department of Utilities wishes to offer landscape irrigation
audit services to commercial, industrial, institutional and multi-family common
area sites. The purpose of these audits will be to provide detailed irrigation water
use recommendations, eliminate wasteful practices, promote the efficient use of
a limited natural resource, reduce Utilities’ customers’ landscape water costs to a
level which is optimum for Palo Alto’s climate and offer sewer charge savings
analyses to customers without dedicated irrigation metering.
Definitions
Audit: A thorough irrigation system evaluation according to the
methodology set forth by the Irrigation Training and Research Center
(ITRC) at Cal Poly, San Luis Obispo, Version 1.4 of March, 1995 or later,
Landscape Water Management Auditing Handbook.
B.City: The City of Palo Alto.
C.Contractor: Person or organization selected to perform audit services.
D.Customer: Person or organization receiving audit services.
Program Overview
This program will offer two levels of audit services, a walk through audit and/or a
subsequent full-scale audit, with a. complete set of information materials and
controller schedules to be developed for each site and given to the customer.
The initial contract period will be for one year with an option to extend the
contract annually for up to two additional years. It will be offered to customers
with both large (over 3 acres) and small (under 3 acres) of landscaping. The City
has targeted approximately 600 acres for this service, and expects to complete
audits of around 200 acres per year.
The contract will be written on a time and materials basis. One adjustment in
billing rates may be allowed annually at a percentage rate not to exceed the
Consumer Price Index for the San Francisco/San Jose area.
A. Responsibilities
City will perform all marketing and screening required to provide
Contractor with contacts at the customer accounts selected for
auditing. City will also maintain a data base of audited customer
accounts from which to provide Contractor with accounts selected
for follow-up visits.
City will provide auditor with a water use history of each customer.
City will work with Contractor to develop all informational materials.
All materials must be approved by City.
Contractor will provide all equipment, materials and personnel
required to do the audits as specified.
Contractor will perform walk-through and full-scale audits, and
follow up visits, and provide copies of all customer materials to the
City. Using City contacts, Contractor will contact customers by
telephone to introduce the program and briefly explain the audit
process.. Contractor will interview the key person about
maintenance routines and irrigation schedules as well as any
issues affecting irrigation efficiency and plant health. If available,
Contractor will obtain site, planting and irrigation plans.
In addition, Contractor will provide monthly status reports,
participate in quarterly program review meetings with City, and
prepare an annual report summarizing all work done in the
previous 12 months.
City and Contractor will jointly develop standardized report formats
for presenting information to customers.
Water Audits
Walk-through audit
Every selected customer will receive a walk-through audit. Some
sites will not require the high level of technical detail a full-scale
audit provides.
so
bo
Contractor will walk through the site with the water manager
and, as appropriate, use the opportunity to train the water
manager in water conserving strategies. Contractor will use
remote control capability to analyze stations .in the field and
use a digital camera to record images for downloading into
the site report.
Perform initial inspection of the irrigation system which
includes:
2
Co
fo
(1)Turning on the irrigation system, evaluating all valves,
etc.
(2)Making detailed notes of the observed problems,
identifying defective design, installation and
maintenance issues by controller and station number
(3)Identifying location of irrigation timer, its make and
model and who is responsible for developing and
implementing watering schedules.
Make detailed field notes while inspecting the system.
Complete "Recommendations Checklist" based on simple
observations. Photos of the conditions mentioned at the site
will be included.
Leave appropriate irrigation information, a graph of past
water use and "Recommendations Checklist" with the
customer for future reference. Full copies of all customer
reports must be delivered to City’s Project Manager.
Field information will be used to complete a standardized
final report which will be sent to the customer within 3
working days.
A full-scale audit is initiated when the results from the walk-through
evaluation demonstrate uneven application uniformity and/or an
excess of broken irrigation heads/valves. These repairs will need to
be made before the application uniformity can be accurately tested.
Full-Scale Audit
The Contractor shall perform a thorough irrigation system audit of
the site according to the methodology set forth by the Irrigation
Training and Research Center, Cal Poly, San Luis Obispo,ver. 1.4,
of March, 1995, or later.
ao Perform a catch-can test to test the system’s average
application uniformity and precipitation rate and actual
precipitation rates and uniformities of at least 2 zones for
each sprinkler type.
Prepare an annual irrigation schedule for each site (irrigation
schedule factors include type of plant material, local ET rate,
irrigation precipitation rate, root depth, soil type and irrigation
uniformity). Provide the irrigation schedule to the customer
with the final report.
Provide the customer with a site map detailing where
problems are occurring. Examples of problems include, but
are not limited to:(1)
(2)
(3)
(4)(5)
(6)
Broken, tilted, mismatched, or wrong irrigation heads
Excessively wet or dry spots
Leaks, fountains or no water at all
Pressure problems
Salt deposits or fungi
Over spray
3
eo
fo
(7) Inappropriate schedules
(8) Inaccurate clock
Prepare a landscape water budget to assist sites in tracking
water use on a monthly basis, based on either a CAD plan
take off (if a plan is available) or actual field measurements.
Provide the customer with an overall site description (soil
type, plant material) and recommendations for other options
to optimize overall water use (installing drought-resistant
plants, etc.)
Provide the customer with recommendations for system
improvements, estimated improvement costs and an
economic analysis.
Follow up services
City will provide Contractor with names and addresses of sites to
be scheduled for follow up visits. The follow up visit is both a
customer service, to identify any problems or barriers in
implementing efficiency measures, and also a means of obtaining
implementation data for evaluation of the audit program. The
Contractor will follow up with a phone call to the cutomer a week
after the initial, walk-through, audit report is sent to the customer
and undertake additional follow-ups at 3, 6 and 9 month intervals.
During both Walk-through and Full-scale audit visits, the ContractSr
will inform the customers about the follow up portion of the
program.
The follow up visit will identify for the City the following
information:
(1) ¯ Sites that have changed landscape staff
(2) Sites that have made system changes or retrofits
(3) Sites that have made changes in cultural practices,
irrigation system maintenance or irrigation scheduling
The City may request a follow up visit at a specific site to:
(1)Review system changes
(2)Perform another catch can test
(3)Recalculate the water budget
(4)Check irrigation timers
C. Required Reports
Site Report
After the walk-through audit is completed, and no full-scale audit is
scheduled, the Contractor will leave the customer with a site report
including a recommendations checklist, a water-use history and
information relating to irrigation efficiency.
The Contractor is responsible for providing City-approved materials
4
Do
to the customer. At this time, the findings of the audit will be
discussed with the customer to ensure they are clearly understood.
Final Report
A final report will be completed for all sites (including those
receiving only a walk-through audit) 2 weeks after audit completion.
The final report will include all findings of the audit in a clear,
concise format along with appropriate informational materials.
The final report for sites receiving a walk-through audit only
will include a copy of the auditor’s detailed field notes, and a
more detailed description of the recommendations given at
the audit.
bo The final report for sites receiving the full-scale audit will
include:
(1) A site map noting where irrigation problems were
found
(2)Irrigation schedule
(3)Water budget
(4)Recommendations for retrofits and upgrades,
including estimated costs and water savings.
Co The audit will be considered completed only after a final
report is submitted for each site.
Program coordination
Contractor will prepare invoices on a monthly basis.
A status report will be mailed to the City with the monthly invoice
itemizing program activity for the previous month. City and
Contractor will work out a mutually agreeable status report format.
Contractor and City will meet on a quarterly basis to discuss
program progress, problems and to review reports.
EXHIBIT B
FEE SCHEDULE
CITY OF PALO ALTO IRRIGATION TECHNICAL ASSISTANCE
PROGRAM
Professional Services
Clerical and data entry
Materials
$70.00 per hour
$40.00 per hour
to be p~id at cost
Materials shall include costs of obtaining data and generating reports, i.e.,
photography, postage, FedEx transmittal, xerography, faxing, and travel.
Invoices are to be forwarded to City on a monthly basis, itemizing both services and
materials.
CITY O~
EXHIBIT C
~LO ALTO IRRIGATION TECHNICAL A. .STANCE PROGRAM
=ART III - INSURANCE REQUIREMENTS - Long,, Form City of Palo Alto: ....SECTION 650(0)
Insurance Requirements for Contractors
CONTRACTOR:
PROJECT MANAGER:
CONTRACT NAME:
Beth O’ConnorT UMS
Landscape Irrigation Audit Services
GENERAL TERMS AND INSTRUCTIONS
,, THIS INS"/RUGTION ~ ~ ~ GIV~ TO YOUR INSURN’~"~ AGENT/BROKER. ,,,
RETURN THE COMPLETED CERTIFICATE TO THE CITY OF PALO ALTO, PURCHASING & CONTRACT
ADMINISTRATION, 250 HAMIL TON A VENUE, PALO ALTO 1)4301.
THE INSURANCE REQUIREMENTS CHECKED BELOW ARE REQUIRED FOR THIS CONTRACT.
[E .~ltoITIobile Liabilit~
~Z .Comprehenr, ive General Liability:
INCLUDING:
¯BROAD FQ~M PROPt~TY DAMAGE
[].Compr~enrave Automobil~ I.~bility:
INCLUDING:
¯ ow1~D
. I-IRE~
BO(~.Y INJURY & PROPERTY
I:~J~3E COMBINED
Prof~,io~al Liability:
INCLUDING:
¯ ERRORS AND OM~S.SX::>NS
¯ ~ ~F~
BCX3ILY WNUURY & PROPERTY
~E COMS~NED
ALL DAMAGES
LONG FO4~M ~Minimum ~} t
$1,ooo.ooo
$1,ooo,ooo
.THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDmONAL INSURED
$1,000,000
$1.000,000
D.
E.
F.
The City of P~o Alto, its ofl’~=r~, agent~ and emp~ =a’e named Is additional insured, but only as to work performed under contract. Said
overage Is to t~e C~ of Palo AI~, etc., =ttai be primary coverage, ~ offt~t against City’s P.J~tJng insurance and any other insuratme carried
W~era the work ~ grading, parity, excavat~g, drilling or other urv:~,~grour~l work, ttte policy includes destruct~n of wire~, conduits, pipe~,
of Pais Alto.
Where the work involves excavating, collapse coverage is provided In the amounts above.
The policy includes a "Severabllity of Interest" provision.
Deductibles over $5,000 must be ir~licated and are subject to approval,
If =uc~ polP..ies are canceled or changed during the period of cove~ge Is stated herein, in such a manner as to affect the Certif’~.ate, thirty (30)
day= written nofJce will be mai~=d to the City of Palo Alto, Contract Administratk~, P.O. Box 10250, 94303
The lab~ty k=~J-at~e po~ ~dudes a contractual liability endoraement providing insurance coverage for Contractor’s agreement to ind~ the
City.
The coverage afforded under the ~ is tubject to all terms of the policies designated herein and meets all of tt~e proyis~’~ calked
fOr hercn.
END OF SECTION
CITY OF PALO ALTO: Insurance Requirements (REV.6/94)SECTION O0650-1
EXHIBIT D
CITY OF PALO ALTO IRRIGATION TECHNICAL ASSISTANCE PROGRAM
CERTIFICATION of NONDISCRIMINATION SECTION 410
Landscape Irrigation Audit Services
Certification of Nondiscrimination: As suppliers of goods or services to the City of Palo Alto, the
firm and individuals listed below certify that they do not discriminate in employment with regards to
age, race, color, religion, sex, national odgin, ancestry, disability, or sexual preference; that they are
in compliance with all Federal, State and local directives and executive orders regarding
nondiscrimination in employment; and that they agree to demonstrate positively and aggressively
the principle of equal opportunity in employment.
The Bidder agrees specifically:
1.0 To establish or observe employment policies which affirmatively .promote
opportunities for minodty persons at all job levels.
2.0 To communicate this policy to all persons concerned, including all ~employees,
outside recruiting services, especially those serving minority communities, and to the
minority communities at large.
3.0 To take affirmative action steps to hire minodty employees within the organization.
4.0 To be knowledgeable of the local, state, and federal laws and regulations concerning
affirmative action policies and provide opportunities for employees.
Firm:Carducci & Associates, Inc.DATE;September i0, 1996
Title of Officer Sign~g: Par~t~ner
Signature _~o~ e--~r ~~~FP-~’~-
Please include any additional information available
programs now in effect within your company.
regarding equal opportunity employment
(Please attach addiJJonal pages if necessary)
END OF SECTION
CITY of PALO ALTO: Non-discrimination (6/94)SECTION 410-1
ATTACHMENT B
CONTRACT NO.
BETWEEN THE CITY OF PALO ALTO AND
CARDUCCI & ASSOCIATES, INC.
FOR LANDSCAPE IRRIGATION AUDIT SERVICES
This Contract No.is entered into ,
by and between the CITY OF PALO ALTO, a chartered city and a
municipal corporation of the State of California ("CITY"), and
CARDUCCI & ASSOCIATES, INC., a California corporation, located at
1331 Columbus Avenue, San Francisco, CA 94133 ("CONTRACTOR").
RECITALS:
WHEREAS, CITY desires certain landscape irrigation audit
services {"Services"), as more fully described in Exhibit "A"; and
WHEREAS, CITY desires to engage CONTRACTOR, including its
employees, if any, in providing the Services by reason of its
qualifications and experience in performing such Services, and
CONTRACTOR has offered to provide the Services on the terms and in
the manner set forth herein;
NOW, THEREFORE, in consideration of the covenants, terms,
conditions, and provisions of this Contract, the parties agree:
SECTION i. TERM
i.I This Contract will commence on the date of its
execution by CITY and extended through June 30, 1997. This
Contract may be extended by CITY for up to two (2) 12-month
periods, subject to City of Palo Alto City Council’s annual approval
of each current year’s budget and appropriation of funds for this
Contract. The obligation of CONTP~ACTOR to perform the Services
will commence in accordance with the time schedule set forth in
Exhibit "A". In the event that the Services are not completed
within the specified time schedule on account of CONTRACTOR’s
default, CITY’s city manager will have the option of extending the
time schedule for any period of time. This provision will not
preclude the recovery of damages for delay caused by CONTRACTOR.
SECTION 2.
CONTRACTOR
QUALIFICATIONS,STATUS,AND DUTIES OF
2.1 CONTRACTOR represents and warrants that it has the
expertise and professional qualifications to furnish or cause to be
furnished the Services. CONTRACTOR further represents and warrants
that the project director and every individual charged with the
performance of the Services under this Contract are duly licensed
or certified by the State of California, to the extent such
licensing or certification is required by law to perform the
Services.
961022 svn 0071067
2.2 In reliance on the representation and warranty set
forth in Section 2.1, CITY hires CONTRACTOR to perform, and
CONTRACTOR covenants and agrees that it will furnish or cause to be
furnished, the Services.
2.3 CONTRACTOR will assign SCOTT SOMMERFELD asthe
project director to have supervisory responsibility forthe
performance, progress, and execution of the Services.If
circumstances or conditions subsequent to the execution of this
Contract cause the substitution of the project director for any
reason, the appointment of a substitute project director will be
subject to the prior written approval of the project manager.
2.4 CONTP~ACTOR represents and warrants that it will:
2.4.1 Keep in confidence and not disclose to third
parties without the prior written approval of CITY any data
provided by the CITY; and not use any data provided by the CITY in
the production or design of any article or material, report or
press release without CITY’s prior written consent. These
obligations shall survive the termination of the agreement. This
provision shall supersede the provisions of Part III, page 5,
"Ownership" of CITY’s Request for Proposal, no. 90377.
2.4.2 Keep itself fully informed of all existing and
future Federal, State of California, and local laws, ordinances,
regulations, orders, and decrees which may affect those engaged or
employed under this Contract, any materials used in CONTILACTOR’s
performance under this Contract, or the performance of the
Services;
2.4.3 At all times observe and comply with, and cause
its employees and contractors (and consultants), if any, who are
assigned to the performance of this Contract to observe and comply
with, the laws, ordinances, regulations, orders and decrees
mentioned above; and
2.4.4 Will report immediately to the project manager,
in writing, any discrepancy or inconsistency it discovers in the
laws, ordinances, regulations, orders, and decrees mentioned above
in relation to any plans, drawings, specifications or provisions of
this Contract.
2.5 Any reports, information, data or other material
given to, or prepared or assembled by, CONTRACTOR or its
contractors, if any, under this Contract will become the property
of CITY and will not be made available to any individual or
organization by CONTRACTOR or its contractors, if any, without the
prior written approval of the city manager.
2.6 CONTRACTOR will provide CITY with one (i) copy of
each report, if any, which may be required under this Contract.
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2.7 If CITY requests additional copies of reports,
drawings, specifications or any other material which CONTRACTOR is
required to furnish in limited quantities in the performance of
the Services, CONTRACTOR will provide such additional copies and
CITY will compensate CONTRACTOR for its duplication costs.
2.8 CONTRACTOR will be responsible for employing or
engaging all persons necessary to perform the Services. All
contractors of CONTRACTOR will be deemed to be directly controlled
and supervised by CONTRACTOR, which will be. responsible for their
performance. If any employee or contractor of CONTRACTOR fails or
refuses to carry out the provisions of this Contract or appears to
be incompetent or to act in a disorderly or improper manner, the
employee or contractor will be discharged immediately from further
performance under this Contract on demand of the project manager.
SECTION 3. DUTIES OF CITY
3.1 CITY will furnish or cause to be furnished the
specified services set forth in Exhibit "A" and such other
information regarding its requirements as may be reasonably
requested by CONTRACTOR.
3.2 The city manager will represent CITY for all
purposes under this Contract. BETH O’CONNOR is designated as the
project manager for the city manager. The project manager will
supervise the performance, progress, and execution of the Services.
3.3 If CITY observes or otherwise becomes aware of any
default in the performance of CONTRACTOR, CITY will use reasonable
efforts to give written notice thereof to CONTRACTOR in a timely
manner.
SECTION 4 -COMPENSATION
4.1 In consideration of the full performance of the
Services by CONTRACTOR, CITY will pay CONTRACTOR a total sum not
to exceed forty thousand dollars ($40,000) payable within thirty
(30) days of submission by CONTRACTOR of its itemized billings, in
triplicate, in accordance with the following fee schedule set forth
in Exhibit "B". Subject to Section 1 of this Contract, pricing of
services shall be based on and remain firm during the following
periods, if applicable:
(a)Approximately November, 1996 to June 30, 1997
(b)July I, 1997 to June 30, 1998
(c)July I, 1998 to June 30, 1999.
SECTION 5. AUDITS
5.1 CONTRACTOR will permit CITY to audit, at any
reasonable time during the term of this Contract and for three (3)
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years thereafter, CONTRACTOR’s records pertaining to matters
covered by this Contract. CONTRACTOR further agrees to maintain
and retain such records for at least three (3) years after the
expiration or earlier termination of this Contract.
SECTION 6. INDEMNITY
6.1 CONTRACTOR agrees to protect, indemnify, defend and
hold harmless CITY, its Council members, officers, employees and
agents from any and all demands, claims, or liability of any
nature, including death or injury to any person, property damage or
any other loss, caused by or arising out of CONTRACTOR’s, its
officers’, agents’, subcontractors’ or employees’ negligent acts,
errors, or omissions, or willful misconduct, or conduct for which
applicable law may impose strict liability on C0h~RACTOR in the
performance of or failure to perform its obligations under this
Contract.
SECTION 7.WAIVERS
7.1 The waiver by either party of any breach or
violation of any covenant, term, condition or provision of this
Contract, or of the provisions of any ordinance or law, will not be
deemed to be a waiver of any other term, covenant, condition,
provisions, ordinance or law, or of any subsequent breach or
violation of the same or of any other term, covenant, condition,
provision, ordinance or law. The subsequent acceptance by either
party of any fee or other money which may become due hereunder will
not be deemed to be a waiver of any preceding breach or violation
by the other party of any term, covenant, condition or provision of
this Contract or of any applicable law or ordinance.
7.2 No payment, partial payment, acceptance, or partial
acceptance by CITY will operate as a waiver on the part of CITY of
any of its rights under this Contract.
SECTION 8. INSURANCE
8.1 CONTRACTOR, at. its sole cost and expense, will
obtain and maintain, in full force and effect during the term of
this Contract, the insurance coverage described in Exhibit "C",
insuring not only CONTRACTOR and its contractors, if any, but also,
with the exception of workers’ compensation, employer’s liability,
and professional liability insurance, naming CITY as an additional
insured concerning CONTRACTOR’s performance under this Contract.
8.2 All insurance coverage required hereunder will be
provided through carriers with Best’s Key Rating Guide ratings of
A:X or higher which are admitted to transact insurance business in
the State of California. Any and all contractors of CONTRACTOR
retained to perform Services under this Contract wil! obtain and
maintain, in ful! force and effect during the term of this
Contract, identical insurance coverage, naming CITY as an
additional insured under such policies as required above.
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8.3 Certificates of such insurance, preferably on the
forms provided by CITY, will be filed with CITY concurrently with
the execution of this Contract. The certificates will be subject
to the approval of CITY’s risk manager and will contain an
endorsement stating that the insurance is primary coverage and will
not be canceled or altered by the insurer except after filing with
CITY’s city clerk thirty (30) days’ prior written notice of such
cancellation or alteration, and that the City of Palo Alto is named
as an additional insured except in policies of workers’
compensation, employer’s liability and professional liability
insurance. Current certificates of such insurance will be kept on
file at all times during the term of this Contract with the city
clerk.
8.4 The procuring of such required policy or policies of
insurance will not be construed to limit CONTRACTOR’s liability
hereunder nor to fulfill the indemnification provisions of this
Contract. Notwithstanding the policy or policies of insurance,
CONTRACTOR 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 Contract, including such
damage, injury, or loss arising after the Contract is terminated or
the term has expired.
SECTION 9. WORKERS’ COMPENSATION
9.1 CONTRACTOR, by executing this Contract, certifies
that it is aware of the provisions of the Labor Code of the State
of California which require every employer to be insured against
liability for workers’ compensation or to undertake self-insurance
in accordance with the provisions of that Code, and certifies that
it will comply with such provisions, as applicable, before
commencing the performance of the Services.
SECTION i0. TERMINATION OR SUSPENSION OF CONTRACT OR
SERVICES
i0.i The city manager may suspend the performance of the
Services, in whole or in part, .or terminate this Contract, with or
without cause, by giving thirty (30) days’ prior written notice
thereof to CONTRACTOR. Upon receipt of such notice, CONTRACTOR
will immediately discontinue its performance of the Services.
10.2 CONTRACTOR may terminate this Contract or suspend
its performance of the Services by giving thirty (30) days’ prior
written notice thereof to CITY, but only in the event of a
substantial failure of performance by CITY or in the event CITY
indefinitely withholds or withdraws its request for the initiation
or continuation of the Services to be performed.
10.3 Upon such suspension or termination by CITY,
CONTRACTOR will be paid for the Services actually rendered to CITY
on or before the effective date of suspension or termination;
provided, however, if this Contract is suspended or terminated on
account of a default by CONTRACTOR, CITY will be obligated to
961022 syn 0071067
5
compensate CONTRACTOR only for that portion of the Services which
are of direct and immediate benefit to CITY, as such determination
may be made by the city manager acting in the reasonable exercise
of her discretion.
10.4 Upon such suspension or termination, CONTRACTOR will
deliver to the city manager immediately any and all copies of
studies, sketches, drawings, computations, and other data, whether
or not completed, prepared by CONTRACTOR or its contractors, if
any, or given to CONTRACTOR or its contractors, if any, in
connection with this Contract. Such materials will become the
property of CITY.
10.5 The failure of CITY to agree with CONTRACTOR’s
independent findings, conclusions, or recommendations, if the same
are called for under this Contract, on the basis of differences in
matters of judgment, will not be construed as a failure on the part
of CONTRACTOR to fulfill its obligations under this Contract.
SECTION ii. ASSIGNMENT
ii.i This Contract is for the personal services of
CONTRACTOR, therefore, CONTRACTOR wil! not assign, transfer,
convey, or otherwise dispose of this Contract or any right, title
or interest in or to the same or any part thereof without the prior
written consent of CITY. A consent to one assignment wil! not be
deemed to be a consent to any subsequent assignment. Any
assignment made without the approval of the city manager will be
void and, at the option of the city manager, this Contract may be
terminated. This Contract will not be assignable by operation of
law.
SECTION 12. NOTICES
12.1 All notices hereunder will be given in writing and
mailed, postage prepaid, by certified mail, addressed as follows:
To CITY:Office of the City Clerk
City .of Palo Alto
Post Office Box 10250
Palo Alto, CA 94303
Copy to:Department of Utilities
Attn: Utility Marketing Services
Post Office Box 10250
Palo Alto, CA 94303
To CONTRACTOR: Attention of the project director
at the address of CONTRACTOR recited above
that it
SECTION 13. CONFLICT OF INTEREST
13.1 In accepting this Contract, CONTRACTOR covenants
presently has no interest, and will not acquire any
961022 ~ 0071067
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interest, direct or indirect, financial or otherwise, which would
conflict in any manner or degree with the performance of the
Services.
13.2 CONTRACTOR further covenants that, in the
performance of this Contract, it will not employ any contractor or
person having such an interest. CONTRACTOR certifies that no
person who has or will have any financial interest under this
Contract is an officer or employee of CITY; this provision will be
interpreted in accordance with the applicable provisions of the
Palo Alto Municipal Code and the Government Code of the State of
California.
SECTION 14.NONDISCRIMINATION
14.1 As set forth in the Palo Alto Municipal Code, no
discrimination will be made in the employment of any person under
this Contract because of the age, race, color, national origin,
ancestry, religion, disability, sexua! preference or gender of that
person. If the value of this Contract is, or may be, five thousand
dollars ($5,000) or more, CONTRACTOR agrees to meet all
requirements of the Palo Alto Municipal Code pertaining to
nondiscrimination in employment, including completing the requisite
form furnished by CITY and set forth in Exhibit "D"
14.2 CONTRACTOR agrees that each contract for services
with an independent provider will contain a provision substantially
as follows:
"[Name of Provider] will provide CONTRACTOR
with a certificate stating that [Name of
Provider] is currently in compliance with all
Federal and State of California laws covering
nondiscrimination in employment; that [Name of
Provider] will pursue an affirmative course of
action as required by the Affirmative Action
Guidelines of the City of Palo Alto; and that
[Name of Provider] will not discriminate in
the employment of. any person under this
contract because of the age, race, color,
national origin, ancestry, religion,
disability, sexual preference or gender of
such person."
14.3 If CONTRACTOR is found in violation of the
nondiscrimination provisions of the State of California Fair
Employment Practices Act or similar provisions of Federal law or
executive order in the performance of this Contract, it will be in
default of this Contract. Thereupon, CITY will have the power to
cancel or suspend this Contract, in whole or in part, or to deduct
the sum of twenty-five dollars ($25) for each person for each
calendar day during which such person was subjected to acts of
discrimination, as damages for breach of contract, or both. Only
a finding of the State of California Fair Employment Practices
Commission or the equivalent federal agency or officer wil!
961022 syn 0071067
7
constitute evidence of a breach of this Contract.
14.4 If CONTRACTOR is indefault of the nondiscrimination
provisions of this Contract or the Affirmative Action Guidelines
pertaining to this Contract, CONTRACTOR will be found in material
breach of this Contract. Thereupon, CITY will have the power to
cancel or suspend this Contract, in whole or in part, or to deduct
from the amount payable to CONTRACTOR the sum of two hundred fifty
dollars ($250) for each calendar day during which CONTRACTOR is not
in compliance with this provision as damages for breach of
contract, or both.
SECTION 15.MISCELLANEOUS PROVISIONS
15.1 CONTRACTOR represents and warrants that it has
knowledge of the requirements of the Americans with Disabilities
Act of 1990, and the Government Code and the Health and Safety Code
of the State of California, relating to access to public buildings
and accommodations for disabled persons, and relating to facilities
for disabled persons. CONTRACTOR will comply with or ensure by its
advice that compliance with such provisions wil! be effected in the
performance of this Contract.
15.2 This Contract will be governed by the laws of the
State of California, excluding its conflicts of law.
15.3 In the event that an action is brought, the parties
agree that trial of such action will be vested exclusively in the
state courts of California or-in the United States District Court
for the Northern District of California in the County of Santa
Clara, State of California.
15.4 The prevailing party in any action brought to
enforce the provisions of this Contract may recover its reasonable
costs and attorneys’ fees expended in connection with that action.
15.5 This document represents the entire and integrated
agreement between the parties and supersedes all prior negotia-
tions, representations, and contracts, either written or oral.
This document may be amended only by a written instrument, which is
signed by the parties.
15.6 All provisions of this Contract, whether covenants
or conditions, will be deemed to be both covenants and conditions.
15.7 The covenants, terms, conditions and provisions of
this Contract will apply to, and will bind, the heirs, successors,
executors, administrators, assignees, and contractors, as the case
may be, of the parties.
15.8 If a court of competent jurisdiction finds or rules
that any provision of this Contract or any amendment thereto is
void or unenforceable, the unaffected provisions of this Contract
and any amendments thereto will remain in full force and effect.
961022 syn 0071067
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15.9 All exhibits referred to in this Contract and any
addenda, appendices, attachments, and schedules which, from time
to time, may be referred to in any duly executed amendment hereto
are by such reference incorporated in this Contract and will be
deemed to be a part of this Contract.
15.10 This Contract may be executed in any number of
counterparts, each of which will be an original, but all of which
together will constitute one and the same instrument.
15.11 This Contract is subject to the fiscal provisions
of the Charter of the City of Palo Alto and the Palo Alto Municipal
Code. This Contract wil! terminate without any penalty (a) at the
end of any fiscal year in the event that funds are not appropriated
for the following fiscal year, or (b) at any time within a fiscal
year in the event that funds are only appropriated for a portion of
the fiscal year and funds for this Contract are no longer
available. This Section 15.11 shall take precedence in the event
of a conflict with any other covenant, term, condition, or
provision of this Contract.
IN WITNESS WHEREOF, the parties hereto have by their duly
authorized representatives executed this Contract on the date first
above written.
ATTEST:CITY OF PALO ALTO
City Clerk
APPROVED AS TO FORM:
Mayor
Senior Asst. City Attorney CARDUCCI & ASSOCIATES, INC.
Assistant City Manager
Director of Utilities
By:
Its:
Taxpayer’s I.D. No. 94-2363816
Deputy City Manager,
Administrative Services
Risk Manager
Attachments:
EXHIBIT "A" :
EXHIBIT "B" :
EXHIBIT "C" :
EXHIBIT "D" :
SCOPE OF SERVICES AND TIME SCHEDULE
FEE SCHEDULE
INSUItANCE
NONDISCRIMINATION COMPLIANCE FORM
961022 syn 0071067
CERTIFICATE OF ACKNOWLEDGEMENT
(Civil Code § 1189)
STATE OF )
COUNTY OF )
On ,1996, before me,,
a Notary Public in and for said County and State, personally
appeared , personally known to me
or 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/their
signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature of Notary Public
961022 syn 0071067
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