HomeMy WebLinkAboutStaff Report 267-06City of Palo Alto
City Manager’s Report
TO:
FROM:
DATE:
SUBJECT:
HONORABLE CITY COUNCIL
CITY MANAGER
JUNE 19, 2006
APPROVAL OF CONTRACT
DEPARTMENT: PUBLIC WORKS
CMR:267:06
WITH GEOFF BROSSEAU IN THE
AMOUNT OF $100,000 PER YEAR FOR POLLUTION PREVENTION
PROGRAM ASSISTANCE FOR THE REGIONAL WATER QUALITY
CONTROL PLANT
10
RECOMMENDATION
Staff recommends that Council:
Approve and authorize the City Manager or his designee to execute the attached contract
with Geoff Brosseau in the amount of $100,000 for the first contract year for assistance in
pollution prevention program assistance (Attachment A); and
Authorize the City Manager or his designee to negotiate and execute one or more
revisions to the contract with Geoff Brosseau for related, additional work the need for
which may develop during the project, the total value of which shall not exceed $10,000
for the first contract year.
Authorize the City Manager or his designee to exercise the option to renew the contract
for the second and third year, provided the proposed cost of the renewal contract does not
exceed the Consumer Price Index for all urban consumers (San Francisco - Oakland - San
Jose, CA), the contractor is responsive to the City’s needs, and the quality of the
contractor’s work is acceptable during the first year of the contract.
o Authorize the City Manager or his designee to negotiate and execute one or more
revisions to the second and third years of the contract for related, additional but
unforeseen work which may develop during the project, the total value of which shall not
exceed $10,000 in each year, provided the contract is renewed for those years.
DISCUSSION
Scope of Services Description
The consultant will assist the Regional Water Quality Control Plant in identifying new methods
of reducing pollutant discharges to the sanitary sewer system and the storm drain system, as
required by regulatory agencies. The consultant will also assist in implementing pollution
prevention programs, including ones that have already been identified and ones that are yet to be
identified. Examples of those already identified are the Clean Bay Program for vehicle service
facilities and training programs for pesticide applicators. Programs needing further development
are ones for PCBs and mercury.
CMR:267:06 Page 1 of 3
A RFP for the project was posted at City Hall and sent to nine consulting firms on March 20,
2006. The bidding period was 22 days. O~y .one consultant, Geoff Brosseau, submitted a
proposal. More responses were not received because of the highly specialized nature of the
work, which requires technical knowledge about wastewater and stormwater pollution
prevention for vehicle service facilities, alternatives to pesticide use, mercury, PCB and dioxin
control, watershed planning, and creek monitoring.
Proposal Description/Number
Proposed Length of Project
Number of Proposals Mailed
Total Days to Respond to Proposal
Number of Proposals Received
Summ.ayy of Solicitation Process
Industrial Wastewater Discharge Evaluation/RFP Number
116617
36 months
9
22
1
An evaluation committee was not ~ because only one proposal was received. Geoff
Brosseau’s proposal and his previous work under contract to the City of Palo Alto demonstrate
that he is capable of successfully meeting the project requirements. Staff recommends that the
contract be awarded to Geoff Brosseau, Staff, with the concurrence of the City Attorney, has
determined that the firm is exempt from complying with the financial disclosure provisions of
the City’s conffict of interest code, because the farm’s range of duties and services to be provided
under the contract are limited in scope or are primarily ministerial in natron.
A contingency amount of $10,000 per year is requested for each of the three years of the
contract. The most likely additional services are to help develop new control measures for
mercury and PCBs. New requirements are being finalized by the State which are likely to trigger
new tasks for Palo Alto.
RESOIJRL-~ INII~AL-’I"
Funds are available in the fiscal year 2006-07 operating budget of the R~gional Water Quality
Control Plant to cover the current year contract and con "tmgency amounts.
ENVIRONMENTAL REVIEW
This contract approval does not constitute a project under the California Environmental Quality
Act and no environmental review was required_
ATTA~S
Attacliment A: Contract (includes Scope of Ser~)_ce and Certification of Nondiscrimination)
PREPARED BY:
PHIL BOBEL
Manager, Environmental Compliance Division
CMR:267:06 Page 2 of 3
DEPARTMENT HEAD:
CITY MANAGER APPROVAL:
GLENN ROBERTS
Director of Public Wock~
EMILY~IARRISO~..~.~
Assistant City Manager
CMR:267:06 Page 3 of 3
ATTACHMENT A
CITY OF PALO ALTO CONTRACT NO.C06116617
AGREEMENT BETWEEN THE CITY OFPALO ALTO AND
GEOFF BROS SEAU
FOR
POLLUTION PREVENTION PROGRAM ASSISTANCE
This AGREEMENT 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 Geoff
Brosseau, a Sole Proprietor located at 437 Encina Avenue, Menlo
Bark, CA 94025 ("CONSULTANT").
RECITALS
The following recitals are a substantive portion of this
Agreement.
A. CITY is engaging a consultant to assist the City in conducting
Pollution Prevention Programs associated with sanitary sewer and
storm drain systems ("services").
B. CONSULTANT has represented that it and any subconsultants have
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", attached to and made a part of this Agreement.
D. CONSULTANT has agreed to perform the Services on the terms and
conditions contained in this Agreement.
NOW, THEREFORE, in consideration of the recitals,
covenants, terms, and conditions, this Agreement, the parties
agree:
AGREEMENT
Section i. SCOPE OF SERVICES. CONSULTANT shall perform the Services
described i~’ ix~ibit’ ’~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.
SECTION 2. TEB!~. The term of this Agreement shall be from the
date of its full execution to 365 days from that date, and may be
extended by CITY through its City Manager for up to an additional
tQo (2) twelve-month periods (each an "Additional Term") for a
maximum of thirty-six (36) consecutive months, subject to CITY
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CITY OF PALO ALTO CONTRACT NO.C06116617
Council’s annual approval of each current year’s budget and
appropriation of funds, unless terminated earlier pursuant to
Section 20 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", attached to
and made a part of this Agreement. 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.
SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid
to CONSULTANT for performance of the Services described in Exhibit
"A", including both payment for professional services and
reimbursable expenses,shall not~ exceed One Hundred Thousand
Dollars ($i00,000.00).In the event Additional Services are
authorized, the total compensation for services and reimbursable
expenses shall not exceed One Hundred Ten Thousand Dollars
($II0,000.00) . The applicable rates and schedule of payment are
set out in Exhibit "C", entitled "COMPENSATION," which is attached
to and made a part of this Agreement.
Additional Services, if any, shall be authorized in accordance with
and subject to the provisions of Exhibit "C". CONSULTANT shall not
receive any compensation for Additional Services performed without
the prior written authorization of CITY. Additiona! Services shall
mean 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 in Exhibit "A".
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 an identification
of personnel who performed the services, hours worked, hourly
rates, and reimbursable expenses), based upon the CONSULTANT’s
billing rates (set forth in Exhibit "C"). If applicable, the
invoice shall also describe the percentage of completion of each
task. The information in CONSULTANT’s payment requests shall be
subject to verification by CITY. Send all invoices to the CITY
attention the Project Manager. The Project Manager is: Phil Bobel,
Dept.: Public Works, Environmental Compliance Division, 2501
Embarcadero Way, Palo Alto, CA 94303, Telephone: 650-329-2285.
SECTION 6. QUALIFICATIONS/STAIq]DAIAD OF CARE. All of the Services
shall be performed by CONSULTANT or under CONSULTANT’s supervision.
CONSULTANT represents that it possesses the professional and
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CITY OF PALO ALTO CONTRACT NO.C06116617
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 subconsultants have and shall
maintain during the term of this Agreement al! licenses, permits,
qualifications, insurance and approvals of whatever nature that are
legally required to perform, the Services.
All of the services to be furnished by CONSULTANT under this
agreement shall meet the pfofessional 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 al! 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. CONSULTANT shall
procure all permits and licenses, pay all charges and fees, and
give al! notices required by law in the performance of the
Services.
CONSULTANT shal! report immediately to the CITY’s project manager,
in writing, any discrepancy or inconsistency it discovers in the
laws, ordinances, regulations, orders, and/or guidelines in
relation to the Project of the performance of the Services.
All documentation prepared by CONSULTANT shall provide for a
completed project that conforms to al! applicable codes, rules,
regulations and g~idelines that are in force at the time such
documentation is prepared..
SECTION 8. ERRORS/OMISSION.8. CONSULTANT shall correct, at no cost
to CITY, any and all errors, omissions, or ambiguities in the work
product submitted to CITY, provided CITY gives notice to
CONSULTANT.
SECTION 9. INDEPENDENT CONTRACTOR. It is understood and agreed
that in performing the Services under this Agreement CONSULTANT,
and any person employed by or contracted with CONSULTANT to
furnish labor and/or materials under this Agreement, shall act’as
and be an independent contractor and not an agent or employee of
the CITY. The manner and means of conducting the Services are the
responsibility of and under the control of CONSULTANT, except to
the extent they are limited by applicable law and the express
terms of this Agreement.
CONSULTANT will be responsible for employing or engaging all
persons necessary to perform the Services. All contractors and
employees of CONSULTANT are deemed t6 be under CONSULTANT’S
exclusive direction and control. CONSULTANT shal! be responsible
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CITY OF PALO ALTO CONTRACT NOOC06116617
for their performance.
SECTION I0, 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 without the prior written consent of the city
manager. Consent to one. assignment will not be deemed to be
consent to any subsequent assignment. Any assignment made without
the approval of the city manager will be void.
SECTXON II. SUBCONTRACTING.
NotNithstanding Section I0 above, CITY a~rees that subconsultants
may be used to complete the Services. The subconsultants
authorized by CITY to perform work on this Project are idehtified
in Exhibit "A". CONSULTANT shall be responsible for directing the
work of the subconsultants and for any compensation due to
subconsultants. CITY assumes no .responsibility whatsoever
concerning such compensation. CONSULTANT shall be fully responsible
to CITY for all acts and omissions of a subconsultant. CONSULTANT
shall change or add subconsultants only with the prior approval of
the city manager or his designee.
SECTION 12. PROJECT MANAGEMENT. CONSULTANT will assign Geoff
Brosseau as the project director to have supervisory responsibility
for the performance, progress, and execution of the Services. If
circumstances or conditions subsequent to the execution of this
Agreement cause the substitutimn of the project director or any
other key personnel for any reason, ~the appointment of a substitute
project director and the assignment of any key new or replacement
personnel will be subject to the prior written approva! of the
CITY’s project manager. CONSULTANT, at CITY, s request, shall
promptly remove 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 Project or a
threat to the safety of persons or property.
The city manager will represent CITY for all purposes under this
Agreement. Phil Bobel is designated as the project manager for the
CITY. The project manager will be CONSULTANT’s point of contact
with respect to performance, progress and execution of the
Services. The CITY may designate an alternate project manager from
time to time.
SECTION 13. DUTIES of CITY. To assist CONSULTANT in the performance
of the Services, CITY wil! furnish or cause to be furnished the
specified services and/or documents described in Exhibit ~A" and
such other available information as may be reasonably requested by
CONSULTANT.
SECTION 14, OWNERSHIP OF MATERIALS, All drawings, plans, reports,
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CITY OF PALO ALTO CONTRACT NO.C06116617
specifications, calculations, documents, other materials and
copyright interests developed or discovered by CONSULTANT or any
other person engaged directly or indirectly by CONSULTANT to
perform the services required hereunder shall be and remain the
property of CITY without restriction or limitation upon their use.
Neither coNSULTANT nor its contractors, if any, shall make any of
such materials available to any individual or organization without
the prior written approval of the city manager or designee.
SECTION 15. AUDITS. CONSULTANT will permit CITY to audit, at any
reasonable time during the term of this Agreement and for three (3)
years thereafter, CONSULTANT’s records pertaining to matters
covered by this Agreement. CONSULTANT further agrees to maintain
and retain such records for at least three (3) years after the
expiration or earlier termination of this Agreement.
SECTION 16. INDEMNITY. TO the fullest ext~nt permitted by law,
CONSULTANT shall protect, 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, including death or. injury to any
person, property damage or any other loss, including all costs and
expenses of whatever nature includingattorneys 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.
The acceptanqe 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. The waiter by either party of any breach
or’vi6iatiDn of’ a~y covenant, term, condition or provision of this
Agreement, 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 subsequeDt breach or
violation of the same or of any other~ term, covenant, condition,
provision, ordinance or law.
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".
CONSULTANT and its contractors, if any, shal! obtain a policy
endorsement naming the City of Palo Alto as an additional insured
under any genera! liability or automobile policy or policies.
18.2.All insurance coveragerequired hereunder Shall
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CITY OF PALO ALTO CONTRACT NO.C06116617
be provided through carriers with Best[....s .Key R@~iqg 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 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 ~uch 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 primary coverage and will not be.canceled, or materially reduced
in coverage or limits, by the insurer except after filing Qith the
Purchasing Manager thirty (30) days’ prior written notice of the
cancellation or modification, CONSULTANT shall be responsible for
ensuring that current certificates evidencing the insurance are
provided to CITY’s Purchasing’Manager during the entire term 0f
this Agreement.
18.4.The procuring of such required policy or
-policies of insurance will not beconstrued 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. WORKERS’ COM~NSATION. CONSULTANT, by executing this
Agreement, certifies that is ~ware 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 and during the performance of the
Services~
SECTION 20.TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES.
20.1.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 (I0) days’ prior written
notice thereof to CONSULTANT. Upon receipt of such notice,
CONSULTANT will immediately discontinue its performance of the
Services.
20.2.CONSULTANT may terminate this Agreement or
suspend its performance of the Services by giving ten (I0) days
prior written notice thereof to CITY, but only in the event of a
substantial failure of performance by CITY.
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CITY OF PALO ALTO CONTRACT NO.C06116617
20.3. .Upon such suspension or termination, CONSULTANT
shall 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 Agreement. Such materials will become the
property of CITY.
20.4.Upon such suspension or termination by CITY,
CONSULTANT will be paid for the Services rendered or materials
delivered to CITY in accordance with the scope of services on or
before the effective date (i.e., I0 days after giving 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 which are of direct aUd immediate benefit to
CITY as such det@rmination may be made by the City Manager acting
in the reasonable exercis@ of his/her discretion
20.5. 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.
SECTION 21.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 director
at the address of CONSULTANT recited above
SECTION 22.CONFLICT OF INTEREST
22.1.In accepting 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.
22.2.CONSULTANT further covenants that, in the
performance of this Agreement, it will not employ subconsultants,
contractors or persons having such an interest. CONSULTANT
certifies that no person who has Or wiil have any financial
interest under this Agreement is an officer or employee of CITY;
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CITY OF PALO ALTO CONTRACT NO.C06116617
this- provision will be interpreted in accordance with the
applicable provisions of the £alo Alto MuniciPa! Code and th~
Government Code of the State of California.
22.3. If the Project Manager determines that CONSULTANT
is a "Consultant" as that term is defined by the Regulations of the
Fair Political Practices Commission, CONSULTANT shall be required
andagrees to file the appropriate financial disclosure documents
required by the Palo Alto Municipa! Code and the Political Reform
Act.
SECTION 23. NONDISCRIMINAT..~O~. As set forth in Palo Alto
Municipal C~"~ section 2.30.510, CONSULTANT agrees that in the
performance of this Agreement, it shallnot discriminate in the
employment of any person because of the race, skin color, gender,
age, religion, disability, national origin, ancestry, sexual
orientation, housing status, marital status, familial status,
weight or height of such person. CONSULTANT acknowledges that it
has read and understands the provisions of Chapter 2.28 of the Palo
Alto Municipal Code relating to Nondiscrimination Requirements and
the penalties for violation thereof, .and agrees to meet all
requirements of Chapter 2.28 pertaining to nondiscrimination in
employment, including completing the form furnished by CITY and set
forth in Exhibit "E"
SECTION 24.MISCELLANEOUS PROVISIONS.
24.1. This Agreement will be governed by the laws of
th9 State of California.
24.2.In the event that an action is brought, the
parties agree thattrial 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.
24.3.The prevailing party in any actionbrought to
enforce the provisions of this Agreement may recover its reasonable
costs and attorneys’ fees expended in connection with that action.
24.4.This document represents the entire and
integrated agreement between the parties and supersedes all prior
negotiations, representations, and contracts, either written or
oral. This document may be amended only by a written instrument,
which is signed by the parties.
24.5.The covenants, terms, conditions and provisions
of this Agreement will apply to, and will bind, the heirs,
successors, executors, administrators, assignees, and CONSULTANTs,
as the case may be, of the parties.
24.6.If a court of c~mpetent jurisdiction finds or
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CITY OF PALO~ALTO CONTRACT NO.C06116617
rules that any provision of this. Agreement or any amendment thereto
is void ~or unenforceable, the unaffected provisions of this
Agreement and any amendments thereto will remain in full force and
effect.
24.7.All exhibits referred to in this Agreement and
any addenda, appendices, attachments, and schedules to this
Agreement which, from time to time, may be referred to in any duly
executed amendment hereto are by such reference incorporated in
this Agreement and wil! be deemed to be a part of~this Agreement.
24.8.This Agreement is subject to the fiscal
provisions of the Charter of the City of ?alo Alto and the Palo
Alto Municipal Code~ 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 availabl~e. This Section 24.8 shall take
precedence.in the event of a conflict with any other covenant,
term, condition, Or provision of th~s Agreement.
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cITY OF PALO ALTO CONTRACT NO.C06116617
IN WITNESS WHEREOF, the parties hereto have by their duly
authorized representatives executed this Agreement on the date
first above written.
APPROVED AS TO FOP~M:
Senior Asst. City Attorney
APPROVED:
Director of Administrative
Services
CITY OF PALO ALTO
Assistant City Manager
GEOFF BROSSEAU
By:
Name:
Title: O~oM4.a"
(If co~ora~on: Presiden~ or Vi~-Presi~nt)
By:
Name:
Title:
{If corporation: Secretary or Treasurer)
Taxpayer Identification No.
(Social Security Number if Sole Proprietorship).
(Compliance with Co~p. 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)
Attachment s :
EXHIBIT "A":
EXHIBIT "B" :
EXHIBIT "C":
EXHIBIT "D"
EXHIBIT "E":
SCOPE OF SERVICES
SCHEDULE OF PERFORMANCE
COMPENSATION
INSURANCE
NONDISCRIMINATION COMPLIANCE FORM
I0
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EXHEBIT
POLLUTION PREVENTION PROGRAM ASSISTANCE
SCOPE OF SERVICE
A. Pollution Prevention Program Implementatiou and Coordination
This component will include the following tasks:
Task 1: Work Plan and Project Management
Sc_£9_p_: The consultant team will:
¯attend project planning meetings with RWQCP staff
¯prepare a work plan for the Pollution Prevention Programs contract
During the project year, the consultant will revise and/or add new tasks to the work plan,
as necessary. The work plan will contain:
,,scopes of work
¯budgets
¯schedules for each task
Approach: The cousultant team will manage the project tasks and assist RWQCP staff to
manage the Pollution Prevention Program Assistance contract. The team will endeavor
to keep the project tasks on budget and schedule. Members of the consultant team will
attend project stares meetings with the RWQCP staff. The RWQCP staff, with input
from the team, will set up project meetings. The consultants will prepare items, as
needed, to facilitate the meetings.
Products: 2006/2007 Work Plan
Subconsultants: None.
Task 2: Vehicle Service Facility Program
Sc__qp_p~: The consultant team will purchas.e the annual recognition items including:
¯full-page newspaper Clean Bay BusOwss ads
¯annual decals
,,5-year and 10-year recognition items
ADDroach: The consultant team has assisted the RWQCP for the past ten years with
~aphic services related to the VSF Progam, including design, layout, production, and
printin~purchasing. Items have been produced for the following tasks:
¯Clean Ba.v Business Recognition Pro~’am including decals, bumper stickers,
customer brochures, newspaper ads, and tear sheets
Clean Bay Business Advertising Progam including:
,,"Newspaper reminder advertisements
¢"Phone book advertisements
,/Theater advertisements
¯5-YearRecognition Program
¯10-YearRecognitionProgam
The consultant team is prepared to continue purchasing the items described in the RFP.
Contract C06116617 Page 1 of 5
EXHIBIT "A"
Products:Full-page Clean Bay Bttsiness ads (placement only); Decals; 5-year
recognition items; 10-year recognition items.
Subconsultants: None.
Task 3: IPM Partnership
Sc_.qp.p~: The consultant team will coordinate implementation of the DM Partnership.
Duties will include:
*designing the promotion
¯organizing and conducting monthly meetings
¯facilitating regional decision-making
¯coordinating the efforts of individual agency participants
¯coordinating development and production of materials (e.g., fact sheets, shelf talkers)
and advertising
Approach: The team will work with RWQCP staff on implementing the IPM Partnership
in much the same way as we have operated under the previous Pollution Prevention
Programs contract. We will focus on maximizing coordination of this project anaong the
participating agencies while striving to meet the following long-term goals we helped to
establish:
Develop and maintain partnerships with stores that:
¯are convenient for residents,
¯support a high-quality promotion,
,,address a significant volume of pesticide sales, and
¯continue for as long as pesticides are a significant compliance risk for wastewater and
stormwater agencies.
Replacement pesticides to the pesticides that spawned the pro~am - diazhaon and
chlorpyrifos - present a new and challenge for agencies dealing with pesticide-related
water pollution. Ln addition, the expansion of the progam statewide and information
from a consumer survey have changed the nature of the IPM Partnership and introduced
an opportunity-to significantly increase the awareness of the program though advertising.-
The team will continue to work with the IPM Partnership Committee to review the
program design and identify areas where the design may need to be modified to
maximize the effectiveness of the Our I, Vater, Our l,Vorld ProDam.
Products: Agenda; Minutes; Communications; Regional materials; Program design.
Subconsultants: None.
B. Watershed Monitoring and Assessment
This component will include the following tasks:
Task 4: Long-Term Monitoring and Assessment Plan (LTMAP)
~: The consultant team will assist the City o1’ Palo Alto and other local jurisdictions
that border San Francisquito Creek to continue to develop and implement a long-term
Contract C06116617 Page 2 of 5
EXHIBIT "A"
monitoring and assessment program for the creek and its watershed. The consultant team
will develop the monitoring program by facilitating discussions and decision-making by
loca! jurisdictions, and by helping coordinate these activities with the Regional Water
Quality Control Board, the San Franeisquito Watershed Council (SFWC), and the Joint
Powers Authority. The goals of this effort are to:
¯update the Long-Tema Monitoring and Assessment Plan (LTMAP) as necessary
¯facilitate institutionalizing the LTMAP including establishing: long-term stations,
mechanisms/systems for data management, information access/sharing, and adaptive
management (study plan generation and review, study results review and
incorporation into decision-making)
¯help link the Watershed Management initiative’s watershed assessment results with
the LTMAP
Approach: Having developed the LTMAP, it is now vital to help ensure the plan is
implemented as much as possible. We propose to work with San Francisquito Watershed
Council and Joint Powers Authority staff on implementing the LTMAP in much the same
way as we have operated under the previous Pollution Prevention Programs contract. We
have identified the following key follow-on tasks to the LTMAP’s production:
¯developing data review and management processes
¯institutionalizing information access/sharing and an adaptive management process
And the team has identified the key individuals that need to be involved to help complete
these tasks. The team plans to continue to work with them in small focused work ga’oups
on parallel tracks to complete these follow-on tasks together.
Products:LTMAP updates, as necessary; Database management and information
sharing/access systems.
Subconsultants: Armund Ruby.
Task 5: Coordination between the San Francisquito Watershed Council and WMI
Scol~e: As needed, the consultant team will assist the San Francisquito Watershed
Council to coordinate with the WMI including participating in the Watershed Assessment
and Monitoring Subgroup (WAMS). Participation in WAMS may include:
¯meetings
¯document review and comment
¯incorporating WMI information into the LTMAP
Approach: The team proposes to work with RWQCP staff on coordinating between the
San Francisquito Watershed Council and the WMI in much the same way as we have
operated under the previous Pollution Prevention Programs contract, including looking
for opportunities to link its results and lessons learned with the LTMAP.
Products: Recommendations and plan for using WM] assessment in LTMAP
implementation
Subconsultants: Amaund Ruby.
Contract C061 16617 Page 3 of 5
EXHIBIT "A’"
Task 6: TMDL Related Source Control Programs
Sc__qg_p~: Tim consultant team will assist the City of Palo Alto with source control
activities for Mercury, Pesticides, and PCBs,- which may grow put of TMDLs, which the
Regional Water Quality Control Board is now finalizing. As the TMDLs near
completion, it. will become apparent what actions the City could take to support Bay-wide
efforts to address these pollutm~ts. An example may be outreach or regulatory efforts to
address emissions from construction demolition. BMPs for other activities could also be
indicated.
Al3Droach: The Consultant will help research, refine, and implement any BMPs chosen
by the City for fucther work. Consultant will look for opportunities to share tasks with
other local governments m~d conduct collaborative programs.
Products: Research results and recommendations from the research.
’Subconsultants: None.
C, Training
This component will include the following task:
Task 7: Training Assistance
Sc__q9_~: The consultant team will assist the City of Palo Alto to create and conduct
training, on an as needed basis, for various business types. In addition, the Consultant
team wil! help city staff implement their pesticide/IPM policy by:
¯conducting trainings
¯developing pest response plmas for city staff (e.g., step-by-step pest contTo1
instructions)
responding to pest control questions on an on-call basis.
Al~oroach: The team proposes to work with RWQCP staff to provide training assistance
in much the same way as we have operated under the previous Pollution Prevention
Programs contract, h~ addition, we feel there is a need and perhaps an opportunity to take
the trainings to the general public in a more directed way. The in-store "trainings" of
customers (i.e., workshops) have been very well received. Over the last decade or more,
the RWQCP has developed a number of public education efforts that affect residents in
their home and yard - pest control, auto care, wood smoke prevention, creek and
watershed pollution prevention, household hazardous waste / exchange proN’ams,
construction pollution prevention - that residents may find very infom~ative and valuable.
One of the more effective ways to convey this information might be to develop and
conduct brief "workshops" at homeowners and neighborhood association meetings.
"Trainers" could briefly provide the information, answer questions, m~d leave the
RWQCP’s existing materials behind for residents.
Products: Trainings; Pest response plans; Pest control help.
Subconsultants:Am~ie Joseph
Tanya Drlik
Contract C06116617 Page 4 of 5
EXHIBIT "A"
Additional Services
Performance of Additional Services and related fees shall be negotiated in advance of any
work and approved in writing by the Project Manager. Additional Smwices may consist
of, but are not limited to the following:
¯Assist the City develop new control measures for Mercury in response to new
State requirements.
¯Assist the City develop new control measures t’or PCBs in response to new State
requirements.
Contract C06116617 Page 5 of 5
CITY OF PALO ALTO CONTRACT NO.C06116617
EXHIBIT "B"
SCHEDULE OF PERFORMANCE
CONSULTANT shall perform the Services so as to complete each milestone within the
number of days specified below. The number of days to complete each milestone may
be increased or decreased by mutual written agreement of the project managers for
CONSULTANT and CiTY "so long as all work is completed within the ter~ of the
Agreement"]. CONSULTANT shall provide a detailed schedule of work consistent with
the schedule below within 10 days of receipt of the notice to proceed:
Milestones
Task 1 - Work Plan
Task 2- Vehicle Service Facility Program
Task 3 - 7 Performance of on-going services,
as described in Exhibit "A"
Completion
Number of Days From NTP
30 days
335 days
365 days
1
050310
CITY OF PALO ALTO CONTRACT NO.C06116617
Sub-total Basic Services
Reimbursable Expenses
$100,000.00
$ o
Total BasioServices and Reimbursable expenses
Additional Services (Not to Exceed)
Maximum Total Compensation
$100,000.00
$10,000.00
$11oooo.oQ
REIMBURSABLE EXPENSES
CITY shall reimburse CONSULTANT for reimbursable expenses including, postage,
mileage and other miscellaneous costs, at cost. All requests for payment of
expenses shall be accompanied by appropriate backup information. Any expense
anticipated to be more than $500.00 shall be approved in advance by the CITY’s
project manager.
ADDITIONAL SERVICES
The CONSULTANT shall provide additional services only by advanced, written
authorization from the CITY. The CONSULTANT, at the CITY’s project manager’s
request, shall submit a detailed written proposal including a description of the scope
of services, schedule, level of effort, and CONSULTANT’s proposed maximum
compensation, including reimbursable expense, for such services based on the rates
set forth in Exhibit C-1. The additional services scope, schedule and maximum
compensation shall be negotiated and agreed to in writing by the CITY’s Project
Manager and CONSULTANT prior to commencement of the services. Payment for
additional services is subject to all requirements and restrictions in this Agreement
050310
CITY OF PALO ALTO CONTRACT NO.C06116617
EXHIBIT "C"
COMPENSATION
The CITY agrees to compensate the CONSULTANT for professional 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
hourly rate schedule attached as exhibit C-1 up to the notto exceed budget amount
for each task set forth below.
The compensation to be paid to CONSULTANT under this Agreement for all services
described in Exhibit "A" ("Basic Services") and reimbursable expenses shall not
exceed $100,000.00. CONSULTANT agrees to complete all Basic Services,
including reimbursable expenses, within this amount. In the event CITY authorizes
any Additional Services, the maximum compensation shall not exceed $110,000.00.
Any work performed or expenses incurred for which payment would result in a total
exceeding the maximum amount of compensation set forth herein shall be at no cost
to the CITY.
CONSULTANT shall perform the tasks and categories of work as outlined and
budgeted below. The CITY’s Project Manager may approve in writing the transfer of
budget amounts between any of the tasks or categories listed below provided the
total compensation for Basic Services, including reimbursable expenses, does not
exceed $100,000.00 and the total compensation for Additional Services does not
exceed $10,000.00.
BUDGET SCHEDULE NOT TO EXCEED AMOUNT
(Including reimbursable expenses)
Task 1
(Work Plan and Project Management)
$3,000
Task 2
(Vehicle Service Facility Program)
$14,000
Task 3 $35,000
(IPM Partnership)
Task 4
(Long Term Monitoring and Assessment Plan)
$20,000
Task 5 $5,000
(Coordination between The San Francisquito Creek Council & WMI)
Task 6
(TMDL Related Source Control Programs)
$17,000
Task 7 $6,000
(Training Assistance)
050310
CITY OF PALO ALTO CONTRACT NO.C06116617
EXHIBIT "C-1"
FEE SCHEDULE
Team Member Hourly Rate
Geoff Brosseau $125
Armand Ruby $125
Annie Joseph $60
Tanya Ddik $100
Other Direct Costs Actual Cost
Overhead will be charged on all technical and professional subcontractors at the
rate of 5 percent.
1 o503;o
From:~f~am/\r,;n!~e P::~n~Jr~ncebyAIlied Brokers FaxlD: To: City of Palo AIto ............. D~-te:6/ 2.r20G6 12:20PM Page:2~f2
EXH IT D
CERTIFICATE OF LIABILITY INSURANCE ~o~’-~ [ o~/12/o6
THI~ CERTIFICATE IS ISSUED AS k ~EF OF INFOR~ON
ONLY ~D CONFERS NO RIGHTS UPON THI ~ CERTIFICATE
HOLDER. THIS CER~RCATE DOES NOT AM ~ND, EXTEND OR
~TER THE COVE~GE AFFORDED BY TH~ POLICIES BELOW.
Fax:650-324-1142
Palo !-i’t,3 C.~ 9~_301
Phone: ~E~ ---’.:-~ -3-!000
I
PnlSURERS AFFORDING COVERAGE ]. NAIC ~..
24260
~U~RB:The Hartford I 22357I
INSL~ER E:
~ecff:ev A. Brosseau4~7 ~R Avenue~!-’~ P~r~ CA 94025-1864
L’rR ~rt~R~".’Y~ =- <~= ~ISL,~NCE I POLICY NUMBER
B ~
57SBAEH0359
CA04082015-5
DA’T~ {MM/DD/YY]
o6/11/o6
DATE (MM/OOHY}
0~/31/07
o6/11/o7
LIMITS
m~:. i $ 2000000
~ 1,000,000
,I
DESCR;F’TI~-} 0= ::;E:’:;.:I.:’NS ; LGCATIONS I VEH~L’LF-S I ~C~ONS ADDED BY I~’,~SEMIB4T I ~ECIAL PRO~SIONS
~he holds: o:~ this certificate, The City of Palo Alto, is named as an
addit~¢.~3 ~5~ed, including its, Council Members, Officers, Agent~,
Emplo~s. ~dth regard to any work done within the City’s property.
CERTIFICAtEd;cLUE5
CITYOFP
:ity ~f Balo Alto
lY<.t~: s~ira Cardoza
i{Z-0 H:m~.ilton Avenue
9~k~ .A£t~ CA 94301
CANCELLATION
~ ANY OF ~ ABOVE DESCRff~ED
~ ~OF, ~ ISS~ ~ ~L ~VOR ] ) ~ 30 DAYS~
~ ~ ~ C~ICA~ HOLD~
POLICY NUIVIBER: STSBA]EH03S9 COM~£ERCLIL GENERAL LLiBLLrrY
THIS EINrDORSEIVIENT CI-IANGES TIlE POLICY. PLEASE READ IT CAREFULLY. "
ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS
(FoP B)
THIS ENDORSEMENT MODIFIES I~SURANCE PROXrIDED UNDER THE FOLLOWING:
COMMERCIAL GENERAL.LIABILITY COWERAGE PART.
SCHEDULE
NA1V~E OF PERSON OR OI~GAixrIZATION:
City of Palo Alto,Coucil Members,Officets#~gents and Employees
(IF NO ENTRY APPEARS ABOVE, ]}~FORMATION REQUIRED TO COMPLETE TI-IIS
ENDORSEMENT WILL BE SHOWN IN.THE DECLARATIONS AS APPLICABLE TO THIS
ENDORSEMENT.)
Geoffrey _A_ Btosseau IS AMENDED TO INCLUDE-AS AN INSURED THE
PERSON OR ORGANIZATION SHOWN IN THE SC~~, BUT ONLY
WITH RESPECT TO LIABILITY ARISING OUT OF "YOUR WORK" FOR
THAT I1NSURED BY OR FOR YOU.
CG20 10 ~ 8S
EXHIBIT E
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 of any person because of race, skin color,
gender, age, religion, disability, national origin, ancestry, sexual orientation, housing status,
mbrital status, fam~Tml status~ weight or height of such person; that they are in compliance with all
Federal, State arid Ioca! directives and executive orders regarding nondiscrimination In
employment.
Date:,,
If Proposer is INDIVIDUAL, sign here:
Pro.p~ ~.~_.=,se ignature ¯
Proposer’s typed name and title
o If Proposer is PARTNERSHIP er JOINT VENTURE, at least (2) Partners or each of
the Joint Venturers shall sign here:
Partnership or Joint Venture Name (type or print)
Date:
Date:
Member of the Partnership or Joint Venture signature
The undersigned certify that they are respectively:
and
Title
Member of the Partnership or Joint Venture signature’
If Proposer is a CORPORATION, the duly authorized officer(s) shall sign as follows:
Title
Of the ~corporatlon named below; that they are designated to sign the Proposal Cost Form by
resolution (attach a certified copy, with corporate seal, if applicable, notarized as to its
authenticity or Secretary’s certificate of authorization) for and on behalf of the below named
CORPORATION, and that they are authorized tO execute same for and on behalf of said
CORPORATION,
Corporation Name (type or print)
By:
Title:
By;
Title:
Date:
Date:
City of Palo Alto -1LFP 116617 Page 1 of 1