HomeMy WebLinkAbout1999-11-08 City Council (8)TO:
FROM:
City of Palo Alto
City Manager’s Report
HONORABLE CITY COUNCIL 5
CITY MANAGER DEPARTMENT :ADMINISTRATIVE
SERVICES
DATE:NOVEMBER 8, 1999 CMR: 409:99
SUBJECT:APPROVAL OF A CONSULTANT CONTRACT IN THE AMOUNT OF
$96,500 WITH HARRIS AND ASSOCIATES FOR CONSULTING
SERVICES FOR STORM DRAINAGE FEE ELECTION AND PUBLIC
OUTREACH AND STORM DRAINAGE AND STREET SWEEPING
FEE ANALYSIS
RECOMMENDATION
Staff recommends that the Council:
Approve and authorize the Mayor to execute the attached contract with Harris and
Associates in the amount of $96,500 for consulting services related to the storm
drair~age fee election and public outreach; and storm drainage and street sweeping fee
analysis.
Authorize the City Manager or her designee to negotiate and execute one or more
change orders to the contract with Harris and Associates for related, additional but
unforeseen work which may develop during the storm drainage fee analysis or if
additional public outreach is needed, the total value of which shall not exceed $14,475
or 15 percent of the contract.
BACKGROUND
In 1994, a Storm Drainage Master Plan (Master Plan) was presented tO Council. The Plan
was under review by the Utilities Advisory Commission when California voters approved
Proposition 218 in November 1996. Proposition 218 raised questions about the ability of the
City to raise storm drainage fees without ratepayer approval, so Master Plan project planning
was postponed pending clarification of Proposition 218.
CMR:409:99 Page 1 of 4
Public Works staff has since reprioritized Master Plan projects as a result of field crews’
observations of the storm drainage system performance over the past five years. Based on
a review by Public Works Engineering and Operations staff, a reprioritized 30-year Plan is
now recommended, at a lower cost than the original Plan submitted to Council in 1994.
The current rate level of the storm drainage fee will not support any additional capital
improvements. In order to fund new capital work, a fee increase will be needed. To comply
with Proposition 218’s requirements on property-related fees, of which storm drainage
qualifies, any. proposed rate increase must be brought to the ratepayers in a mail ballot
procedure. In March 1999, Council approved a plan that.would result in an initial fee
increase from the current $4.25 to $10 per household per month, effective in fiscal year
2000-2001.
Since this time, staff has prepared and issued an RFP to retain consulting services to assist
staff in the storm drainage fee calculations, and the public outreach and ballot procedure that
will be required. As part of this process, staff also included a request to analyze the street
sweeping costs in anticipation of a need to separate the street sweeping function from the
Refuse Fund due to Proposition 218 requirements.
DISCUSSION
Consultant Services Description
Due to the highly technical calculations that will be required and the need for assistance with
the complexity of preparing for a ballot within the guidelines of Proposition 218, staff
solicited consultant assistance for this project.
A number of related tasks have been included in the consultant scope of services. These
tasks include:
Analyze the rate structure of the City of Palo Alto’s existing storm drainage fee for
compliance with Proposition 218’s provisions regarding property related fees and suggest
any changes if warranted.
Assist City staff in preparing educational materials for a storm drainage rate increase
election in Spring 2000. This will include outreach to the community to explain the
proposed fee increase and related benefits from improvements to the storm drainage
system.
¯With City staff direction, support the Proposition 218 compliance procedures and ballot
administration, including noticing, preparation of ballots and tabulation of ballots.
CMR:409:99 Page 2 of 4
As a second phase, review the City’s-street sweeping costs, which currently are imbedded
in an overall solid waste collection fee on the customers monthly utility bill, to explore
methods for separating the street sweeping function from the overall refuse charge, and
ensuring that any recommended rate structure complies with Proposition 218.
Selection Process
On July 16, 1999, a request for proposals (RFP) for this project was mailed to 49 firms. Four
consultants responded to the RFP. These included: Harris and Associates; Berryman and
Henigar; DMG Maximus, and Willdan Associates. A selection advisory committee
consisting of members of the City Manager’s Office, the Public Works Department and the
Administrative Services Department interviewed three of these firms. Harris and Associates
was chosen by the committee due to its experience in similar types of analysis and
Proposition 218 ballot procedures. The firm has done numerous rate studies and analysis for
Proposition 218 proceedings, and has the technical expertise to assist in the balloting process
and in the tabulation of the ballots. Harris and Associates has teamed with SAE
Communications to assist the City in the public outreach component of this project.
The initial proposal from Harris and Associates was for $88,800. Upon additional discussion
of the available information for storm drainage rate structure analysis, the proposal has been
amended to include additional support for the rate calculations if needed. This brought the
total cost of the contract to $96,500.
RESOURCE IMPACT
The 1999-00 Adopted Budget included funding of $75,000 in the Storm Drainage Fund to
be used for the storm drainage fee election, public outreach and storm drainage rate structure
analysis. Funding for the street sweeping analysis ($21,500) is available in the Refuse Fund.
TIMELINE
Staff intends to proceed with the storm drainage fee analysis and undertake the public
outreach and Proposition 218 balloting for the storm drainage fee increase in Spring 2000.
ENVIRONMENTAL REVIEW
These services do not constitute a project under the California Environmental Quality Act
(CEQA).
CMR:409:99 Page 3 of 4
ATTACHMENTS:
Attachment A:Consulting Contract
PREPARED BY: Virginia Harrington, Deputy Director, Administrative Services
DEPARTMENT HEAD APPROVAL:
CA~’--~--~T S /
Director, Adminis.~tive Services
CITY MANAGER APPROVAL:
Assistant City Manager
CMR:409:99 Page 4 of 4
CONTRACT NO.
BETWEEN THE CITY OF PALOALTOAND
HARRIS & ASSOCIATES FOR CONSULTING 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
HARRIS & ASSOCIATES, located, at 120 Mason Circle, Concord,
California 94520, a California Corporation, Taxpayer ID No.: 94-
2385238("CONSULTANT").
RECITALS :
WHEREAS, CITY desires, certain consulting services for
storm drain fee election and public outreach and storm drainage and
street sweeping rate analysis ("Services"), as more fully described
in pages 21 through 28 of CONSULTANT’S proposal dated August 24,
1999, as amended by the letter from Jeffrey M. Cooper to Virginia
Harrington dated October 5, 1999, both documents of which are
attached hereto and labeled collectively as Exhibit "A"; and
WHEREAS, CITY desires to engage CONSULTANT, 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 1 - TERM
i.I This Contract will commence on the date of its
execution by CITY. The obligation of CONSULTANT to perform the
Services will commence in accordance with the time schedule set
forth in Exhibit ~A". Time is of the essence of this Contract. In
the event that the Services are not completed within the specified
time schedule on account of CONSULTANT’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 CONSULTANT.
SECTION 2 - QUALIFICATIONS,
CONTRACTOR
STATUS,AND DUTIES OF
2.1 CONSULTANT represents and warrants that it has the
expe}tise and professional qualifications to furnish or cause to be
furnished the Services. CONSULTANT 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
l±censing or certification is required by law to perform the
Services.
2.2 In reliance on the representation and warranty set
forth in Section 2.1, CITY hires CONSULTANT to perform, and
CONSULTANT covenants and agrees that it will furnish or cause to be
furnished, the Services.
2.3 CONSULTANT will assign JEFF COOPER as project
director and JOAN COX as the project manager to have supervisory
responsibility for the 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 CONSULTANT represents and warrants that it will:
2.4.1 Procure all permits and licenses, pay all
charges and fees, and give all notices which may be necessary and
incident to the due and lawful prosecution of the Services;
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 CONSULTANT’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, CONSULTANT 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 CONSULTANT or its contractors, if any, without the
prior written approval of the city manager. These provisions shall
not apply to information in whatever form that comes into the
public domain, nor shall it restrict CONSULTANT from giving notices
required by law or complying with an order to provide information
or data when such order is issued by a court, administrative agency
or other authority with proper jurisdiction, or~if it is reasonably
necessary for CONSULTANT to defend itself for any suit or claim.
CITY agrees, to the fullestextent permitted by law, to indemnify
and hold CONSULTANT harmless from any claim, liability or cost
(including reasonable attorney’s fees and defense costs) arising br
allegedly arising out of any unauthorized reuse or modification of
the documents by CITY or any person or entity that acquires or
obtains the documents from or through the CITY without written
authorization of CONSULTANT. CONSULTANT shall be allowed to retain
copies of al! documents prepared under this Agreement.
2.6 CONSULTANT will provide CITY with ten (i0) copies
of each draft report and twenty (20) copies of each final report,
if any, which may be required under this Contract, upon completion
and acceptance of each report by CITY.
2.7 If CITY requests additional copies of reports,
drawings, specifications or any Other material which CONSULTANT is
required to furnish in limited quantities in the performance of
the Services, CONSULTANT ~will provide such additional copies and
CITY will compensate CONSULTANT for its duplication costs.
2.8 CONSULTANT will be responsible for employing or
engaging all persons nscessary to perform the Services. All
contractors of CONSULTANT will be deemed to be directly controlled
and supervised by CONSULTANT, which will be responsible for their
performance. If any employee or contractor of CONSULTANT 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 CONSULTANT.
3.2 The city manager will represent CITY for all
purposes under this Contract. JOE SACCIO 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 CONSULTANT, CITY will use reasonable
efforts to give written notice thereof to CONSULTANT in a timely
manner.
SECTION 4 COMPENSATION
4.1 In consideration of the full performance of the
services by CONSULTANT, CITY will pay CONSULTANT the sum of NINETY-
SIX THOUSAND FIVE HUNDRED DOLLARS ($96,500.00), payable according
to the percentage of completed tasks, in accordance with the fee
schedule set forth in Exhibit "A".- The final ten percent (10%) of
compensation for each phase will be payable upon completion of all
contract tasks in the phase as identified in Exhibit "A".
4.2 City may in writing request CONSULTANT to perform
Additional Services. In consideration of the ful! performance of
such additional services rendered, City shal! pay CONSULTANT for
such services at the hourly rates show in CONSULTANT’s fee
schedule, which is set forth in Exhibit "A".
4.3 CONSULTANT shall invoice CITY monthly for services
performed during the previous month, and CITY shall pay CONSULTANT
within 30 days of receipt of invoice.
SECTION 5 -AUDITS
5.1 CONSULTANT will permit CITY to audit, at any
reasonable time during the term of this Contract and for three (3)
years thereafter, CONSULTANT’s records pertaining to matters
covered by this Contract. CONSULTANT 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 CONSULTANT 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 CONSULTANT’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 CONSULTANT 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 CONSULTANT, 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 "B",
insuring not only CONSULTANT 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 CONSULTANT’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-:VII or higher which are admitted to transact insurance business
in the State of California. Any and all contractors of CONSULTANT
retained to perform Services under this Contract wil! obtain and
maintain, in full force and effect during the term of this
Contract, identica! insurance coverage, naming CITY as an
additional insured under such policies as required above.
8.3 Certificates of such insurance, using standard ACORD
forms, 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 CONSULTANT’s liability
hereunder nor to fulfill the indemnification provisions of this
Contract. 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 Contract, including such
damage, injury, or loss arising after the Contract is terminated or
the term has expired.
SECTION 9 -WORKERS’ COMPENSATION
9.1 CONSULTANT, 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 -
SERVICES
TERMINATION OR SUSPENSION OF CONTRACT OR
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 CONSULTANT. Upon receipt of such notice, CONSULTANT
will immediately discontinue its performance of the Services.
10.2 CONSULTANT 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 CONSULTANT, CITY will be obligated to
compensate CONSULTANT 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, CONSULTANT
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 CONSULTANT or its contractors, if
any, or given to CONSULTANT 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 CONSULTANT’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
CONSULTANT, therefore, CONSULTANT will not assign, transfer,
convey, or otherwise dispose of this Contra~t 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 will 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~I2 -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
To CONSULTANT: Attention of the project director
at the address of CONSULTANT recited above
SECTION 13 -CONFLICT OF INTEREST
13.1 In accepting this Contract, 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.
13.2 CONSULTANT further covenants that, in the
performance of this Contract, it will not employ any contractor or
person having such an interest. CONSULTANT 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, sexual preference or gender of that
person. If the value of this Contract is, or may be, five thousand
dollars ($5,000) or more, CONSULTANT agrees to meet all
requirements of the Palo Alto Municipal Code .pertaining to
nondiscrimination in employment, including completing the requisite
form furnished by CITY and set forth in Exhibit "D".
14.2 CONSULTANT 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; 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 CONSULTANT 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 will
constitute evidence of a breach of this Contract.
SECTION 15 -MISCELLANEOUS PROVISIONS
15.1 CONSULTANT 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. CONSULTANT will comply with or ensure by
its advice that compliance with such provisions will 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 reasonab<e
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.
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 constitu{e 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 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 Contract are no !onger
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.
/!
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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
HARRIS & ASSOCIATES
Senior Asst. City Attorney
APPROVED:
Assistant City Manager
Director of Administrative
Services
Director of Public Works
By:
Name:
Risk Manager
Taxpayer Identification No.
94-2385238
Attachments:
EXHIBIT "A":
EXHIBIT "B":
EXHIBIT "C":
EXHIBIT "D":
(Compliance with Corp. Code § 313 is
required if the entity on whose behalf
this contract is signed is a corporation.
In the alternative, a certified corporate
resolution attesting to the signatory
authority of the individuals signing in
their respective capacities is acceptable)
SCOPE OF PROJECT &TIME SCHEDULE
RATE SCHEDULE
INSURANCE
NONDISCRIMINATION COMPLIANCE FORM
991t01 sdl 0032269 10
CERTIFICATE OF ACKNOWLEDGEMENT
(Civil Code § 1189)
STATE OF
COUNTY OF
On~w.~-i~ ,19~, before me, ~//~/~ ~- ~/&/~,
a Notary Public in and for said County and State, personally
appeared ~,~-~-~ ,~
~ proved to me on the basis of satisfactory evidence to be the
person(~ whose name(~ is/~-r-e subscribed to the within instrument
and acknowledged to me that he/~ executed the same in
his/Ner/thcir authorized capacity(~, and that by his/hc-r/thciro
signature(~ on the instrument the person(~, or the entity upon
behalf of which the person~ acted, executed the instrument.
WITNESS my hand and official seal.
Signature of Notary Public
CERTIFICATE OF ACKNOWLEDGEMENT
(Civil Code § 1189)
On ~O~~l, 19~, before me, V~,~A~~r,~ ,
a Notary Public in and for said County and State, personally
appeared /~[~ ~O~D!~ .{~7~ " , personally known to me
roved "to ~= on t~ ~4~ ~ ~=~fac~-r-’ -"~" " .................~ z ~v~~ to be the
person~) whose name~) ~/~subscribed to the within instrument
and acknowledged to me that ~/~/t~ executed the same in
~/~/~r authorized capacity(~), and that by ~~/t~.
signature(~ on the instrument the person~), or the entity upon
behalf of which the person(~) acted, executed the instrument..
WITNESS my hand and official seal.
S i~~gna~! ic
~./,~~ VALERIE HARRIS~ I~’W:a~’~,,}NOTARY PUBLIC - CALIF.
Z ~/COUNTY OF CONTRA COSTA¶ ~,e.=~."!~r=, ,.~/ My Comm. Exp. June 30, 2000
Palo Alto - Storm Drainage and Street Sweeping Fees
SCOPE OF WORK - Exhibit "A"
Phase I - Storm Drainage Fee
Task I - Storm Drainage Rate Structure Analysis
1.1 Meet with City staff to discuss the scope of the work, the storm drain utility budgets, the
components of the 30-year storm drain capital improvement plan, the electronic data-that will
be required from the City, and other information regarding the proposed fee increase. This
meeting will ensure that all parties understand all aspects of the work before any work begins.
1.2 Receive from the City the electronic fee database with.the property owner name, property
address, ERU’s allocated to the property, the current monthly fee paid by the property, and any
additional available information considered necessary for the arfalysis.
1.3 Review the City’s existing fee structure with respect to compliance with the requirements of
Proposition 218, analyze any changes that may be necessary, and calculate the required
increase to the fee. Meet with City staff to discuss the existing fee structure and budget
analysis.
1.4 Prepare a draft Analysis Report summarizing the findings from the above review and
evaluation process and providing recommendations of any changes that are deemed necessary.
Up to 10 copies of the draft Report will be provided to the City staff for review and comment.
1.5 Meet with City staff to present the findings of the Analysis Report, answer any questions and to
receive comments on the Report.
1.6 Finalize the Analysis Report and submit up to 20 copies to the City.
1.7 Attend a City Council meeting to present the Report and answer questions, as necessary.
Task 2 - Storm Drainage Rate Increase Public Education and Outreach
2.1 Meet with City staff to assist with the development of a public outreach strategy.
Based on preliminary discussions, SAE Communications recommends a public information
approach that sufficiently educates utility customers about the proposed storm drainage fee
increase. Since the fee is more than doubling, it is important to develop a strategy that reaches
all those who are legally and financially affected by this project, educating them about why the
increase is necessary and how it will ultimately benefit them as utility customers. This
approach will reach key audiences while maximizing limited City resources, and the program
ensures that those who must approve the fee increase have accurate information upon which to
base their vote.
2.2 Design and produce informational brochures.
SAE is recommending two printed informational brochures in an easy-to-read two-color Q&A
format.
1) One brochure targeted to residential utility customers, and
2) One brochure targeted to commercial utility customers.
The primed pieces would be produced in quantities of roughly 12,000 for the residential
brochure and 8,000 for the commercial brochure, which provides an extra supply beyond those
required for mailing; staff indicates a customer ratio of roughly 58% residential / 42%
commercial. The brochures will be delivered to the City for mailing.
\\LA2\DATA~palo alto~scope.doc Page 1 of 3
2.3
2.4
2.5
Task
3.1
3.2
3.3
Palo Alto - Storm Drainage and Street Sweeping Fees
SAE will plan, coordinate, and implement a series of three open houses / community meetings
focusing on the fee increase. These forums would include presentations by key staff, viewing
of pertinent graphs/maps, solicitation of input from attendees, and other information
opportunities as appropriate. SAE suggests holding one session during the day primarily for
commercial customers (although residential customers would be welcome) and two during the
evening primarily for residential customers (although commercial customers would also be
welcome).
SAE will work with staff to develop a strategy to communicate the fee increase via community
groups such as service clubs, homeowners associations, etc. These groups represent a very
efficient method to reach those with a strong stake in the community, and their members can be
very influential in forming the public’s perception about the increase.
Harris & Associates will attend up to five public meetings and/or open houses / community
meetings to present the analysis and increase, and answer any questions regarding the increase
or the process.
3 - Proposition 218 Compliance Procedures and Ballot Administration
Prior to the preparation and mailing of the notices/ballots, meet with City staff (including
City Clerk and City Attorney) to review the balloting process and discuss the procedure for
the receipt and handling of the ballots as they are returned, including policies regarding
Replacement Ballots and parcels with multiple owners.
In conjunction with City Staff and the City Attorney’s office, prepare the form of the notice
and ballot per the requirements Section 4 of Article XIIID of the State Constitution, for
review and approval by City. Proposition 218 allows the agency to follow the procedures
for increases in assessments, therefore we would, design the notice/ballot to:
¯Show the proposed increase in fee to be levied on the parcel and its duration
¯Show the total increase in fee to be collected from all parcels
¯ Provide a general description of the services or improvements to be funded by the fee and
how the fee was calculated for each parcel
¯Include the phone number and address of a City staff member who the property owner
may contact to receive additional information about the-fee
¯Specify the date, time and location of the public hearing to be held when the ballot
tabulation results will be finalized (and the date, time and location of any property owner
information meetings)
¯Advise property owners that if a majority of the ballots returned (weighted by fee ’
amount) are opposed to the assessment then the assessment will not be imposed, and
¯ Explain how the ballot should be completed and returned for tabulation.
Finalize the notice and ballot. Coordinate printing of individual notices/ballots for all
property owners being charged the fee and deliver the stuffed notice/ballot packages to the
City for posting. The City will provide property owner name and mailing address
information electronically. It is proposed that the notice/ballot package consists of the
following:
¯One (1) colored ballot with individualized fee information (the property owner name and
address will show through the window of the envelope for mailing.)
¯ Two (2) double-sided 8½ x 11 sheets for informational purposes
\’~_A2\DATA\palo alto~scope.doc Page 2 of 3
Palo Alto - Storm Drainage and Street Sweeping Fees
3.4
¯One (1) #9 Return envelope with the City Clerk’s address preprinted and postage pre-
paid insignia (provided by the City)
¯One (1) # 10 window envelope with City Clerk’s return address preprinted
Electronically tabulate the ballots that are returned as they .come in with the use of bar-.
coding equipment and a computer program that simplifies the process and automates the
result summaries. A laptop computer and operator will be used on-site for ballot tabulation,
and will be in attendance at the Public Hearing for any finalballots that are turned in at that
time. The balloting results will be presented at the Public Hearing and a report will be
prepared summarizing (by number of parcels and fee amount) the total ballots received, and
the percentage in favor and against.
Phase II - Street Sweeoin~ Fee
Task
4.1
4.2
4.3
4.4
4.5
4.6
4 - Street Sweeping Rate Methodology.
Meet with the City to discuss the scope of the work, the street sweeping budgets, the locations
and frequency of the street sweeping, the electronic data that will be required from the City,
and other information regarding the proposed fee increase. This meeting will ensure that all
parties understand all aspects of the work before any work begins.
Receive from the City maps showing street sweeping routes and frequency, the rate structure
currently used for refuse collection, the electronic fee database with the property owner name,
property address, the current monthly fee paid by the property, and any additional available
information considered necessary for the analysis.
Analyze the street sweeping services and budgets to develop up to three (3) rate structure
alternatives for apportioning the costs according to the requirements of Proposition 218.
Prepare a working paper discussing the alternatives. Meet with the City to discuss the
preliminary structuring concepts and alternatives.
Prepare a draft Analysis Report incorporating a discussion of the research and analysis
performed, the estimated budget requirements for the service, the rate structure alternatives, the
rate levels needed to fund the services and a recommended rate structure for the Street
Sweeping Fee. Up to 10 copies of the draft Report will be provided to the City staff for review
and comment.
Meet with City staff to discuss comments and questions. Attend a City Council Study Session
to present the draft Analysis Report and recommendations.
Finalize the Analysis Report based on comments received from City staff and City Council and
submit up to 20 copies to the City.
\\LA2\DATA~palo altokscope.doc Page 3 of 3
Exhibit "A"
Harris & Associates
October 5, 1999
Program Managers
Construction Managers
Civil Engineers
City of Palo Alto
Ms. Virginia Harrington
Administrative Services Dept, 4th Floor
250 Hamilton Avenue
Palo Alto, CA 94301
Re:Additional Services Provision for the Storm Drain Fee
E[ection and Public Outreach, and Storm Drainage and
Street Sweeping Rate Ana[ysis
Dear Gigi,
Per our discussion, Harris & Associates would like to include an Additional Services clause into our
Scope of Work and Fees for the subject project, as follows:
Harris will assist the City with gathering additional required information, as authorized by
the City.
Work shall be performed on a time and materials basis per the Schedule of Hourly Rates
provided in our proposal, with an upset authorization of $7,700 and with the same terms and
conditions set forth in our proposal.
If you have any questions or need any additional information, please call either Joan Cox or myself at
(800) 827-4901 ext. 337 or 331 respectively,
Sincerely,
Harris & Associates
Jeffrey M. Cooper, r
Vice President
(~:\palo aRo\addlwork letter2.doc
120 Mason Circle Concord, California 94520 (925) 827-4900 FAX (925) 827-4982 www.harris-assoc.com
Palo Alto- Storm Drainage and Street Sweeping Fees
RATE SCHEDULE - Exhibit "B"
FEE.__.~S
PHASE I - STORM DRAIN FEE INCREASE
Task 1 - Rate Structure Analysis $12,500 lump sum
Task 2 - Public Education and Outreach
Educational Outreach Program $20,000 lump sum
plus brochure printing costs (based on 20,000 copies)$11,000 lump sum
(plus $0.55 per piece over 20,000)
Coordination of Additional Community Meetings
Attendance at Additional Public Meetings
Task 3 - Proposition 218 Ballot Administration
Preparation of Notice/Ballot
plus production costs (based on 17,250 copies)
Ballot Tabulation
$1,400 per meeting
$1,300 per meeting
$10,000 lump sum
$6,300 lump sum
(plus $0.35 per piece over 17,250)
estimated $7,500 time and materials
PHASE H - STREET SWEEPING FEE
Task 4 - Street Sweeping Rate Methodology $21,500 lump sum
Indirect expenses (such as mileage, duplicating and postage) are included in the lump sum fees and
hourly rates, except as noted. Harris will invoice the City monthly for services performed during the
previous month, not to exceed the above amounts.
RATE SCHEDULE
Harris’ Schedule of Hourly Rates
Project Director/Vice President ..............................$190 / hour
Project Manager ......................................................$150 / hour
Project Engineer ......................................................$115 / hour
Public Relations Consultant ....................................$115 / hour
Senior Project Analyst ..............................................$80 / hour
Project Analyst ..........................................................$65 / hour
Senior Drafting Technician .......................................$75 / hour
Engineering Aide ......................................................$50 / hour
Clerical Staff .............................................................$55 / hour
Q:\palo alto\fee est.doc Page 1 of 1
10/06/99 18:40 FAX EXHIBIT C
8o~/88/1999 - ~I: 28 518-235-75@1 :~a~RIS & ASSOCIATES
i
10/06/99 18:41 FAX ~004
B~/BB/I~ 81:28 518-235-7581 :I-~P, RIS ~ ~SSOCIATES P~E 12
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EXHIBIT
PART III FORM 410
PROJECT TITLE:Consulting Services for Storm Drainage Fee Election and Public
Outreach, and Storm Drainage and Street Sweeping Rate
Analyses
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 origin, ancestry, disability, or sexual preference; that they are in compliance with al!
Federa!, State and local directives and executive orders regarding nondiscrimination in employment.
Title of Officer Signing:
Signature