HomeMy WebLinkAbout2000-11-27 City Council (5)City of Palo Alto
City Manager’s Report
TO:HONORABLE CITY COUNCIL
FROM:CITY MANAGER DEPARTMENT: PUBLIC WORKS 6
DATE:NOVEMBER 27, 2000 CMR:413:00
SUBJECT:AWARD OF CONSULTANT CONTRACT WITH BROWN, VENCE
& ASSOCIATES IN THE AMOUNT OF $90,550 FOR THE REFUSE
FUND COST OF SERVICE STUDY
RECOMMENDATION "
Staff recommends that Council:
Approve and authorize the Mayor to execute the attached contract with Brown, Vence
& Associates in the amount of $90,550 to perform the Refuse Fund Cost of Service
Study.
Authorize the City Manager or his designee to negotiate and execute one or more
change orders to the contract with Brown, Vence & Associates for related, additional
but unforeseen work, which may develop during the project, the total value of which
shall not exceed $9,000.
DISCUSSION
In November 1998, PASCO was formally acquired by USA Waste of California (a Waste
Management Company). In August 1999, Council approved a new agreement for
PASCO to provide refuse and recycling services within the City of Palo Alto starting
September 1, 1999 for a term of up to ten years. The new agreement provides for a
continuation Of the programs and services offered by PASCO, including backyard refuse
and curbside recycling services. It also includes new services such as curbside collection
of residential mixed paper and colored number two plastic bottle recycling, a citywide
clean-up/reuse/recycling program and other special event services. The agreement
established an operating ratio as a new method of compensation, which is based on the
relationship between expenses and revenues. This method of compensation sets a target
range to be two percent above or below the operating ratio (between 86 - 90 percent).
The agreement with PASCO also requires two important components: performance
reviews and cost of service studies.
CMR:413:00 Page 1 of 3
As part of the 2001 performance review, the agreement with PASCO requires that a cost
of service study be conducted. The cost of service study will be used as a benchmark to
determine whether in future years the costs to provide the service remain at reasonable
levels, taking into account inflation and the nature and extent of services provided.
Project Description
The work to be performed under the contract is to conduct a Refuse Fund cost of service
study for the City of Palo Alto. The consultant will develop a cost of services
methodology and calculate cost of services by category. The consultant will compare the
rate schedules to other jurisdictions offering similar services and will evaluate the
efficiency of PASCO services. The consultant will evaluate the current compensation
formula and will review the amount of profit made by PASCO. The consultant will also
develop a cost model for City staff to monitor and update on an annual basis the cost of
services for solid waste management activities funded by the Refuse Fund.
Selection Process
Staff sent a request for proposals to nine consulting firm~ on September 26, 2000. Firms
were given until October 17, 2000 to respond to the request. A total of three firms
submitted proposals. Consultants not responding indicated that they did not submit a
proposal because of the special nature of the study, which requires both solid waste
management and financial/accounting experience. Some consultants also reported being
too busy at the present time.
Staff reviewed all proposals submitted and invited Brown, Vence & Associates and
Hilton Farnkoff & Hobson for oral presentations and interviews. Staff reviewed the
firms’ qualifications, with particular emphasis on past performance of the firm, teamwork
with clients and other involved parties, familiarity with the issues relating to the scope of
work, and qualifications of the project management and the proposed project team.
Based on the written proposals and the oral interviews, staff selected Brown, Vence &
Associates. Brown, Vence & Associates successfully completed the previous Refuse
Fund cost of service study conducted in 1995 and will provide continuity as well as
knowledge, understanding, and experience of solid waste management, the City of Palo
Alto and PASCO.
RESOURCE IMPACT
Funds for this project are included in the 2000-01 Refuse Fund operating budget and
-there is no impact to the Rate Stabilization Reserve.
ENVIRONMENTAL ASSESSMENT
This project is categorically exempt from provisions of the California Environmental
Quality Act and no further environmental review is necessary.
CMR:413:00 Page 2 of 3
-ATTACHMENTS
Attachment A: Contract
PREPARED BY: Michael Jackson, Deputy Director, Public Works/Operations
Paula Borges, Executive Assistant, Public Works/Operations
DEPARTMENT HEAD: ," ’
GLENN S. ROBERTS
Director of Public Works
CITY MANAGER APPROVAL:
Assistant to the City Manager
CMR:413:00 Page 3 of 3
ATTACHMENT A
CONTRACT NO.
BETWEEN THE CITY OF PALO ALTO AND
BROWN, VENCE AND ASSOCIATES, INC.,
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 Brown, Vence and Associates, Inc., a
California corporation, located at 65 Battery Street, Suite 200,
San Francisco, CA 94111 ("CONSULTANT").
RECITALS:
WHEREAS, CITY desires certain professional consulting
services ("Services") and the preparation ahd delivery of,
without limitation, one or more sets of documents, data,
calculations, surveys,schedules or other writings
(~Deliverables") (Services and Deliverables are, collectively,
the "Project"), as more fully described in 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 the Services,
and CONSULTANT has offered to complete the Project on the terms
and in the manner set forth herein;
terms,
agree:
NOW, THEREFORE, in consideration of the covenants,
conditions, and provisions of this Contract, the parties
SECTION I. TERM
i.I This Contract will commence on the date of its
execution by CITY, and will terminate one hundred fifty (150)
calendar days thereafter, unless this Contract is earlier
terminated by CITY. Upon the receipt of CITY’s notice to
proceed, CONSULTANT will commence work on the initial and
subsequent Project tasks in accordance with the time schedule
set forth in Exhibit "A". Time is of the essence of this
Contract. In the event that the Project is not completed within
the time required through any fault of CONSULTANT, 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.
001117 cl 005iRWG/BrownVence 1
SECTION 2.SCOPE OF PROJECT; CHANGES & CORRECTIONS
2.1 The scope of Services and Deliverables
constituting the Project will be performed, delivered or
executed by CONSULTANT under the phases of the Basic Services as
described below.
2.2 CITY may order substantial changes in the scope
or character of the Basic Services, the Deliverables, or the
Project, either decreasing or increasing the amount of work
required of CONSULTANT. In the event that such changes are
ordered, subject to the approval of CITY’s City Council, as may
be required, CONSULTANT will be entitled to full compensation
for all work performed prior to CONSULTANT’s receipt of the
notice of change and further will be entitled to an extension of
the time schedule. Any increase in compensation for substantial
changes will be determined in accordance with the provisions of
this Contract. CITY will not be liable for th@ cost or payment
of any change in work, unless the amount of additional
compensation attributable to the change in work is agreed to, in
writing, by CITY before CONSULTANT commences the performance of
any such change in work.
2.3 Where the Project entails the drafting and
submission of Deliverables, for example, construction plans,
drawings, and specifications, any and all errors, omissions, or
ambiguities in the Deliverables, which are discovered by CITY
before invitations to bid on a construction project (for which
the Deliverables are required) are distributed by CITY, will be
corrected by CONSULTANT at no cost to CITY, provided CITY gives
notice to CONSULTANT.
SECTION 3.
CONSULTANT
QUALIFICATIONS, STATUS, AND DUTIES OF
3.1 CONSULTANT represents and warrants that it has
the expertise and professional qualifications to furnish or
cause to be furnished the Services and Deliverables. CONSULTANT
further represents and warrants that the project director and
every individual, including any consultant (or contractors),
charged with the performance of the Services 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, and that the Project will be executed by them or under
their supervision. CONSULTANT will furnish to CITY for
approval, prior to execution of this Contract, a list of all
individuals and the names of their employers or principals to be
employed as consultants.
001117 cl 005/RWG/BrownVence 2
3.2 In reliance on the representations and warranties
set forth in this Contract, CITY hires CONSULTANT to execute,
and CONSULTANT covenants and agrees that it will execute or
cause to be executed, the Project.
3.3 CONSULTANT will assign Mr. Thomas Vence as the
project director to have supervisory responsibility for the
performance, progress, and execution of the Project. Mr. Peter
Deibler will be assigned as the project coordinator who will
represent CONSULTANT during the day-to-day work on the Project.
If circumstances or conditions subsequent to the execution of
thfs Contract cause the substitution of the project director or
project coordinator for any reason, the appointment of a
substitute project director or substitute project coordinator
will be subject, to the prior written approval of the project
manager.
3.4 CONSULTANT represents and warrant% that it will:
3.4.1 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 Project;
3.4.2 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 and any materials
used in CONSULTANT’s performance of the Services;
3.4.3 At all times observe and comply with, and
cause its employees 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
3.4.4 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 the Deliverableso
3.5 Any Deliverables given to, or prepared or
assembled by, CONSULTANT or its consultants, 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
consultants, if any, without the prior written approval of the
city manager.
001117 cl 005/RWG/BrownVence 3
3.6 CONSULTANT will provide CITY with one (I) initial
copy of each deliverable and, after City has acceptedthe
deliverables, with the number of copies specified in
_Exhibit "A".
3.7 If CITY requests additional copies of any
documents which are a part of the Deliverables, CONSULTANT will
provide such additional copies and CITY will compensate
CONSULTANT for its duplicating costs.
3.8 CONSULTANT will be responsible for employing or
engaging all persons necessary to execute the Project. All
consultants of CONSULTANT will be deemed to be directly
controlled and supervised by CONSULTANT, which willbe
responsible for their performance.If any employee or
consultant of CONSULTANT fails or refuses to carry outthe
provisions of this Contract or appears to be incompetent orto
act in a disorderly or improper manner, the employeeor
consultant will be discharged immediately from further
performance under this Contract on demand of the project
manager.
3.9 In the execution of the Project, CONSULTANT and
its consultants, if any, will at all times be considered
independent contractors and not agents or employees of CITY.
3.10 CONSULTANT will be responsible for employing
all consultants deemed necessary to assist CONSULTANT in the
performance of the Services. The appointment of consultants
must be approved, in advance, by CITY, in writing, and must
remain acceptable to CITY during the term of this Contract.
SECTION .4. DUTIES OF CITY
4.1 CITY will furnish or cause to be furnished the
services listed in Exhibit "A" and such information regarding
its requirements applicable to the Project as may be reasonably
requested by CONSULTANT.
4.2 CITY will review and approve, as necessary, in a
timely manner the Deliverables and each phase of work performed
by CONSULTANT. CITY’s estimated time of review and approval
will be furnished to CONSULTANT at the time of submission of
each phase of work. CONSULTANT acknowledges and understands
that the interrelated exchange of information among CITY’s
various departments makes it extremely difficult for CITY to
firmly establish the time of each review and approval task.
CITY’s failure to review and approve within the estimated time
schedule will not constitute a default under this Contract.
001117 c1005/RWG/BrownVence 4
4.3 The city manager will represent CITY for all
purposes under this Contract. Russ Reiserer is designated as
the project manager for the city manager. The project manager
will supervise the performance, progress, and execution of the
Project, and will be assisted by Stephanie Hughes.
4.4 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 5.COMPENSATION
5.1 CITY will compensate CONSULTANT for the following
services and work:
5.1.1 In consideration of the full performance of
the Basic Services, including any authorized reimbursable
expenses, CITY will pay CONSULTANT a fee not to ~xceed Ninety
Thousand Five Hundred Fifty dollars ($90,550). The amount of
compensation will be calculated in accordance with the hourly
rate schedule set forth in Exhibit "B", on a time and materials
basis, up to the maximum amount set forth in this Section.
5.1.2 The full payment of charges for extra work
or changes, or both, in the execution of the Project will be
made, provided such request for payment is initiated by
CONSULTANT and authorized, in writing, by the project manager.
Payment will be made within thirty (30) days of submission by
CONSULTANT of a statement, in triplicate, of itemize~ costs
covering such work or changes, or both. Prior to commencing
such extra work or changes, or both, the parties will agree upon
an estimated maximum cost for such extra work or changes.
CONSULTANT will not be paid for extra work or changes,
including, without limitation, any design work or change order
preparation, which is made necessary on account of CONSULTANT’s
errors, omissions, or oversights.
5.1.3 Direct personnel expense of .employees
assigned to the execution of the Project by CONSULTANT will
include refuse fund cost of study personnel to the extent such
services are expressly contemplated under this Contract.
Included in the cost of direct personnel expense of these
employees are salaries and mandatory and customary benefits such
as statutory ~mployee benefits, insurance, sick leave, holidays
and vacations, pensions and similar benefits.
001117 cl 005/RWG/BrownVence 5
SECTION 6. ACCOUNTING, AUDITS, OWNERSHIP OF RECORDS
6.1 Records of the direct personnel expenses and
expenses incurred in connection with the performance of Basic
Services and Additional Services pertaining to the Project will
be prepared, maintained, and retained by CONSULTANT in
accordance with generally accepted accounting principles and
will be made available to CITY for auditing purposes at mutually
convenient times during the term of this Contract and for three
(3) years following the expiration or earlier termination of
this Contract.
6.2 The originals of the Deliverables prepared by or
under the direction of CONSULTANT in the performance of this
Contract will become the property of CITY irrespective of
whether the Project is completed upon CITY’s payment of the
amounts required to be paid to CONSULTANT. These originals will
be delivered to CITY without additional compensation. CITY will
have the right to utilize any final and incomplete drawings,
estimates, specifications, and any other documents prepared
hereunder by CONSULTANT, but CONSULTANT disclaims any
responsibility or liability for any alterations or modifications
of such documents.
SECTION 7.INDEMNITY
7.1 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’, consultants’ 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 8.WAIVERS
8.1 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 such covenant, term, condition,
provision, ordinance, or law or of any subsequent breach or
violation of the same or of any other covenant, term, 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 covenant, term,
001117 el 005/R.WG/BrownVence 6
condition or provision of this Contract or of any applicable law
or ordinance.
8.2 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 9. INSURANCE
9.1 CONSULTANT, at its sole cost and expense, will
obtain and maintain, in full force and effect during the term of
thi’s Contract, the insurance coverage described in Exhibit
insuring not only CONSULTANT and its consultants, 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.
÷
9.2 All insurance coverage required hereunder will be
provided through carriers with Best’s Key Ratinq Guide ratings
of A:VII or higher which are admitted to transact insurance
business in the State of California. Any and all consultants of
CONSULTANT retained to perform Services under this Contract will
obtain and maintain, in full force and effect during the term 04-
this Contract, identical insurance coverage, naming CITY as an
additional insured under such policies as required above.
9.3 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 the 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.
9.4 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 suchdamage,
001117 el 005/R.WG/BrownVence 7
injury, or loss arising after the Contract is terminated or the
term has expired.
SECTION I0. WORKERS’ COMPENSATION
i0.I 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 Project.
PROJECT
SECTION ii. TERMINATION OR SUSPENSION OF CONTRACT OR
ii.I The city manager may suspend the execution of the
Project, in whole or in part, or terminate thfs Contract, with
or without cause, by giving thirty (30) days’ prior written
notice thereof to CONSULTANT, or immediately after submission to
CITY by CONSULTANT of any completed item of Basic Services.
Upon receipt of such notice, CONSULTANT will immediately
discontinue its performance under this Contract.
11.2 CONSULTANT may terminate this Contract or suspend
its execution of the Project 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 Basic Services or the execution of
the Project.
11.3 Upon such suspension or termination by CITY,
CONSULTANT will be compensated for the Basic Services and
Additional Services performed and Deliverables received and
approved prior to receipt of written notice from CITY of such
suspension or abandonment, together with authorized additional
and reimbursable expenses then due. If the Project is resumed
after it has been suspended for more than 180 days, any change
in CONSULTANT’s compensation will be subject to renegotiation
and, if necessary, approval of CITY’s City Council. 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 CONSULTANT’s services which are of direct
and immediate benefit to CITY, as such determination may be made
’by the city manager in the reasonable exercise of his
discretion.
001117 cl 005/RWG/BrownVence 8
11.4 In the event of termination of this Contract or
suspension of work on the Project by CITY where CONSULTANT is
not in default, CONSULTANT will receive compensation as follows:
11.4.1 For approved items of services, CONSULTANT
will be compensated for each item of service fully performed in
the amounts authorized under this Contract.
11.4.2 For approved items of services on which a
notice to proceed is issued by CITY, but which are not fully
performed, CONSULTANT will be compensated for each item of
service in an amount which bears the same ratio to the total fee
otherwise payable for the performance of the service as the
quantum of service actually rendered bears to the services
necessary for the full performance of that item of service.
11.4.3 The total compensation payable under the
preceding paragraphs of this Section will not exceed the payment
specified under Section 5 for the respective items of service to
be furnished by CONSULTANT.
11.5 Upon such suspension or termination, CONSULTANT
will deliver to the city manager immediately any and all copies
of the Deliverables, whether or not completed, prepared by
CONSULTANT or its consultants, if any, or given to CONSULTANT or
its consultants, if any, in connection with this Contract. Such
materials will become the property of CITY.
11.6 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 CONSULTANT .to fulfill its obligations
under this Contract.
SECTION 12. ZSSIGNMENT
12.1 This Contract is for the personal services of
CONSULTANT, therefore, CONSULTANT will 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
will not be deemed to be a consent to any subsequent assignment.
Any assignment made without the approval of CITY 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.
001117 cl 005/RWG/BrownV~nc~9
SECTION 13.NOTICES
13.1 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 14. CONFLICT OF INTEREST
14.1 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.
14.2 CONSULTANT further covenants that, in the
performance of this Contract, it will not employ contractors or
persons having such an interest mentioned above. CONSULTANT
certifies that no one 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 15. NONDISCRIMINATION
15.1 As set forth in the Palo Alto Municipal Code, no
discrimination will be made in the employment~ of persons under
this Contract because bf the age, race, color, national origin,
ancestry, religion, disability, sexual preference or gender of
such 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".
15.2 CONSULTANT agrees that each contract for services
from independent providers will contain a provision
substantially as follows:
001117 el 005/RWG/BrownVence 1 0
"[Name of Provider] will provide CONSULTANT
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."
15.3 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 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 16. MISCELLANEOUS PROVISIONS
16.1 CONSULTANT represents and warrants that it has
knowledge of the requirements of the federal Americans with
Disabilities Act of 1990, and the Government Code and the Health
and Safety Code of the State of California, relating to access
to public buildings and 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 pursuant to the terms of this
Contract.
16.2 Upon the agreement of the parties, any
controversy or claim arising out of or relating to this Contract
may be settled by arbitration in accordance with the Rules of
the American Arbitration Association, and judgment upon the
award rendered by the Arbitrators may be entered in any court
having jurisdiction thereof.
16.3 This Contract will be governed by the laws of the
State of California,. excluding its conflicts of law.
001117 el 005/RWG/BrownVence 1 1
16.4 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.
16.5 The prevailing party in any action brought to
enforce the terms of this Contract or arising out ofthis
Contract may recover its reasonable costs and attorneys’fees
expended in connection with that action.
16.6 This document represents the entire and
integrated Contract 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.
16.7 All provisions of this Contract, whether
covenants or conditions, will be deemed to be both covenants and
conditions.
16.8 The covenants, terms, conditions and provisions
of this Contract will apply to, and will bind, the heirs,
successors, executors, administrators, assignees, and
consultants, as the case may be, of the parties.
16.9 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 prgvisions of
this Contract and any amendments thereto will remain in full
force and effect.
16.10 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.
16.11 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.
16.12 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 longer available. This Section 16.12 will
001117 cl 005/RWG/BrownVence 12
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:
Senior Asst. City Attorney
APPROVED:
Assistant City Manager
Director of Administrative
Services
Director of Public Works
Risk Manager
Attachments:
EXHIBIT ’~A":
EXHIBIT "B":
EXHIBIT "C":
EXHIBIT "D":
Mayor
BROWN, VENCE AND ASSOCIATES,
INC.
By:
Name:
Title:
By:
Name:
Title:
Taxpayer Identification No.
qq- 25-7 qd- o
[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
001117 cl 005/RWO/BrownVence 13
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code § 1189)
On /q/O0C~ , 200~_, before me, the undersigned, a
Notary Public in an@ for said County and State, personally
appeared ~/_. ~L~/~ D ~W~ ~~,
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
ic
~N FRANCISCO cO_UN_T_Y__ :
001117 el 005/RWG/BrownVence 14
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code § 1189)
On /VO~ , 2000, before me, the undersigned, a
Notary Public in and .~or said County and State, personally
appeared /Y~~ ~ _(~%~.~/O ~’~,
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 s ~blic
GARY BADERCOMM. #1229958 "~NOTARY PUBLIC-CALIFORNIA 0
SAN FRANCISCO COUNTY ~oMy Comrn, Expires Aug, 21, 2003
001117 el 005/RWG/BrownVence 15
EXHIBIT A.-
PART II- SCOPE OF SERVICES AND TilVlE SCHEDULE
~ASIC SERVICES
B.Scope of Work
¯ In general, the work of this project consists of the following tasks:
Task 1 Consultant shall review and evaluate all information, data, reports-,
and. documents as listed in Table 1. Consultant shall meet with
PASCO and City staff te get a Clear understanding.of City’s policies.
¯ regarding ~olid waste management and information/data regarding
solid .waste prdgram services, budget, PASCO cost data, contract
documents, rate structure, and’ billing system.
Task 2 Consultant shall develop cost of services methodology and
calculate cost of. services by category (i.e. collection, disposal,
recycling, street and parking lot sweeping, composting, household
hazardous waste, administration and support and special events)
Consultant shall also use current available cost data and field
observation to develop .actual costs of the following: refuse
transportation cost from the City of Palo Alto (City) to the City’s.
landfill, the SMART Station and Kirby Canyon Landfill; and recycling
processiqg cost.
Task 3 Consultant shall develop cost allocation methodology for allocating
cost of services to cu,.4tomer class (i.e. residenti.a.I R1, P,2, R3,
etc..., commercial, industrial),, including .the development of a
typical bill at full cost of services itemized by cost.components.
Task Consultant shall complete an analysis of the rate schedules, which
would comp,are rates With other similar jurisdictions offering similar
services (i.e. backyard collection, recycling,~. composting, street
sweeping, commercial recycling).
Task 5 Consultant shall ¯evaluate the efficiency of ’PASCO .services,
including an analysis of company management, staffing, routes,
schedules, record keeping, use and. maintenance of equipment and
facilities, equipment replacement and salvage value. Consultant
shall recommend programs, which can be operated at a lower cost
while maintaining the same high level of services.
Task 6 Consultant shall evaluate.the current compensation formula .and
review the amount of profit made 15y PASCO with regard to
appropriateness and reasonablenessl
Task 7 Consultant shall develop a cost model for City’s staff to annually
update the cost of services for solid waste management activities
funded by the Refuse Fund. The model should be user friendly and
EXHIBIT.A.
PART II - SCOPE OF SERVICES AND TIME SCHEDULE
¯ BASIC SERVICES
Task 8
Task 9
should be accompanied by clear written instruction for City’s staff to
use it.
Consultant shall attend seven (7) meetings as determined by City’s
staff,
Consultantshall prepare and ~ubmit report for review and appro~)al
as follows:L
70% completion report submittal:
95% completion.report submittal:
Final report submittal:
08 copies
08 copies
12 copies
Project Schedule
The project schedule pr6vided below 6orrespond’~with
Services.
t~tas1~oudined~Secfion 1, Scope of
Project Schedule. I Cost of Service Study, Dec. 2.000 - Apr. 2.001,
D.ec.Jan.Feb.Mar. Apr.
I Review Background Information
Develop Cost ofService Methodology..
3 J Develop Cost Allocation Methodo.logy
Ana!y~,e and Compare. Rate Schedules
Conduct PerformanCe Review
IEvaluate C6mpensation and Profit
7 I Develop Model
I
I
1
I
I
I
I
8 I Project Meetings (7,-scheduled by City)
9.1 I Preliminary Draft Report
9.2 I Dr~ft Report
9.3 I Final Report
I
I
I
. . F:~MK’T\2000.~07900\45CHE.DOC I 4’- 1.’
Fee Schedule
E~IBIT B
Cost of Service Study
City o~Palo Alto, CA
Brown, Vence & Associates l July 2000 - December 2001
Technical ServJ~:es
Principal
Vice President
Senior Assodate Ii
Senior Associate.I
Associ.ate II
Asmciate I
Engln.eer/Plar~. er II
Engineer/Planner I
Administrative support
Reimbursable Costs
Consultants/Subcontractors
¯ Lodging and meals
Travel
Private or company c.ar
Other
.Delivery and other expenses
Communications
$160 per hour
$135 per hour
$125 per hour
$115 per hour
$10,5. pex hour
$95.1p~,.hour
$85 per hdur
$75 per horn:
$50 per hour
cost plus 10 perdent
cost plus 10 percent
$0.32 per mile
cost plus 10 percent
cost plus. 10 percent
i percent surcharge on total invoice
Paymen~
Unless otherwise agreed in writing, ’fees will be billed monthly at the firsj of each month for the
preceding month and will be payable-within 30 days of the date of the invoice.
Escalation
Should the project extend beyond December 31,2001, fees will be escalated annually in accordance
with the change.in the Consumer Price Index for the San Francisco Bay Area.
Late Charges
Invoices that are not paid within 30 days will be charged a monthly l~te fee of 1.5 percent of the
¯ outstanding amotmt. Additionally, time spent pursuing overdue accounts receivable will be added to the
client’s invoice. Sudh time is considered over and above the agreed scope of work and thus is in addition
to any agreed fee,
5- ,~ I COST PROPOSAL
Staff Billing. Ral:e~s
Brown, Vence & Associates
Tom Vence
Peter Dei~ler
Mike Greenberg
Richard Tago~e-Erw{n
Steve Brekke-Brow~ell
Tom Curtis
Ann Guy
Slater & Company
Jo]~ Slater
Darln Martella
Parsons & Associates
.Joy Parsons
$160 per hour
$135 per hour
$135 per hour
$135 per hour
$125 p.er hour
$125 per hour
$95 per hour
$150 per H0~ar
" $100 per hour
$100 per hour
BROWN, VENCE’a ASSOCIATES [ 5 - 3
Cost Proposal
Provided below is BVA’s cost proposal for the Cost of Serwc~ Study. The tasks correspond with those
o.utlined in the Scope of Services in ~ection 1, Our f~e schedule and .staff~El~in.~ rates is included on the
following pages,
Fee Estimate
Task
I1 I Review Background InformafJon
2 I Devel°p Cost of Se~ice Methodology
3 I Develop Cost Allocation .Methodology
5 I Condu~t Performance Review
’6 I Evaluate Compensation a,nd Profit
7 I Develop Model
8 [ Pr.oject Meetings
9 I Project Report
Total ,". --
Estimate
$8,825
$9,255
$5,875
A___CORD,.
PRODUCER
Berger & 1ones
P.O. Box 5158
San Ramon, CA
925-277-9090 &
’~NSUREO Brown
Fodtibit IC
CERTIFICATE OF LIABILITY INSURANCE
Insurance Agency
94583
FAX 925-277-9095
Vence and Associates
65 Battery Street, Suite #200
San Francisco, CA 94111
(415) 434-0900.
COVERAGES
I DATE (MM/DD/Y’~
03/09/2000
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
~NSURER~ Greenwich Insurance Company
INSURERB: Greenwich Insurance Company
~NSURERC: Greenwich Insurance Company
INSURER D:
INSURER E:
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY" PERIOD (NDICATED, NOTVVITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
]NSR POUCY EFFECTIVELTRTYPE OF INSURANCE POLICY NUMBER DATE (MM/DD/YY)
GENERAL LIABlUTY
~MMERCIAL GENERAL LIABILITY
CLAIMS MADE IXl OCCUR
A GEC0001284 03/01/00
GEN’L AGGREGATE LIMIT APPLIES PER:
-----] POLICY r--] PRO-JECT ~] LOC
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
B X HIREDAUTOS AEC0001285 03/01/00
X NON-OWNED AUTOS
GARAGE LIABILITY~ANY AUTO
~.~ES S LIABILITYOCCUR L.~CLAIMS MADE
~DEDUCTIBLE
RETENTION $
WORKERS COMPENSATION AND
EMPLOYERS’ LIABILITY
OTHER Prof.PEC0001286 03/01/00
C & Environmental
Liability
DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIEXCLUSlONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
Consulting Engineering Services.
Confirmation of Liability Insurance.
Certificate Holder is named additional insured on
per attached CG 20 i0 i0 93.
Palo Alto Landfill Gas Recovery Survey/Assessment
CERTIFICATE HOLDER I X ADDITIONAL tNSURED; INSURER LETTER: A CANCELLATION
POLICY EXPIRATIONDATE (MMIDD/YY)
City of Palo Alto
Purchasing & Contract Admin.
250 Hamilton Avenue
Palo Alto, CA 94301
03/01/01
03/01/01
03/01/01
UMES "
EACH OCCURRENCE
FIRE DAMAGE (Any one fire)
MED EXP (Any one person)
PERSONAL & ADV INJURY
GENERAL AGGREGATE
PRODUCTS - COMP/OP AGG
*2,000,000
50,000
5,000
=2,000,000
*2,000,000
*2,000,000
PROPERTY DAMAGE(Per accident)
COMBINED SINGLE LIMIT
(Ea accident)* 2,0 0 0,0 0 0
BODILY INJURY
(Per person)$
BODILY INJURY
(Per accident)$
$
AUTO ONLY- EA ACCIDENT
OTHER THAN EA ACC
AUTO ONLY:AGG
EACH OCCURRENCE
AGGREGATE
WC STATU-I OTH-TORY L MITS I ER
E.L EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE
E.L. DISEASE - POLICY LIMIT
$
$
$
$
$
$
$
$
$
$
$
$2,000,000 Each Claim
$2,000,000 Aggregate
$25 000 Ded. per claim
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDF..~AVOR TO MAIL 3 0 DAYS WRIt’TEN
NOTICE TO THE CERTIRCATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATNES,
General Liability Policy as
Project RFP #114682
POLICY~ NUMBER: GEC0001284 CG 20 10 10 93
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - O ERS, LESSEES
OR CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
Name of Person or Organization:
City of Palo Alto
Purchasing & Contract Administration
250 Hamilton Avenue
Palo Alto, CA 94301
SCHEDULE
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as
applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to iriclude as an insured the person or organization shown in the
Scheidule, but only with respect to liability arising out of your ongoing operations performed for that insured.
Re: Brown Vence & Associates
65 Battery Street, Suite #200
San Francisco, CA 9411t
Greenwich Insurance Company
Policy #GEC0001284
Effective: 03/01/2000 to 03/01/2001
CG 20 10 10 93 Copyright, Insurance Services Office, Inc., 1992
PRODUCER _
Berger & Jones
P.O. Box 5158
San Ramon, CA
925-277-9090 &
-- I
DATE (MMIDD/YY)CERTIFICATE OF LIABILITY INSURANCE o8/o8/2ooo
THIS CERTIFICATE IS ISSUED AS A MATIER OF INFORMATIONONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATEInsurance Agency HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND ORALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
94583
FA~ 9 2 5- 2 7 7 - 9 0 9 5 INSURERS AFFORDING COVERAGE
NSURED Brown Vence and Associates
65 Battery Street, Suite #200
San Francisco, CA 94111
(415) 434-0900
IFAX: (415) 956-6220
COVERAGES
INSRLTR
INSURER A:
INSURER B:
INSURER C:
INSURER D:
INSURER E;
American States Insurance Co.
THE’POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED ORMAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS ,SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
POLICY EFFECTIVETYPE OF INSURANCE POLICY NUMBER DATE (MM/DD/YY~
07/20/00
POLICY EXPIRAllONDATE (MMIDD/Y~
07/20101
EACH OCCURRENCE
FIRE DAMAGE (Any one fire)
MEO EXP (Any one person)
PERSONAL & ADV INJURY
GENERAL AGGREGATE
’PRODUCTS - COMP/OP AGG
UMITS
$
$
$
$
$
$
COMBINED SINGLE LIMIT(Ea accident)$
BODILY INJURY(Per person)$
BODILY INJURY(Per accident)$
PROPERTY DAMAGE(Per accident)
AUTO ONLY - EA ACCIDENT
OTHER THAN EA ACC
AUTO ONLY:AGG
EACH OCCURRENCE
AGGREGATE
$
$
$
$
$
$
$
$
$
x l WC 8TATU-OTH-
t TORY LIMITS I ER
E.L EACH ACCIDENT
E.L DISEASE - F_A EMPLOYEE
E.L DISEASE- POLICY LIMFF
$i,000,000
$i, 000,000
$i,000,000
GENERAL LIABILITY
_~MMERCIAL GENERAL LIABILITY
CLAIMS, MADE ~--] OCCUR
GEN’L AGGREGATE LIMIT APPLIES PER:
~! POLICY ~ PRO-I I JECT I I LOC
AUTOMOBILE UABILITY
ALL OWNED AUTOS
SCHEDULED AUTOS
i HIRED AUTOS
NON-OWNED AUTOS
GARAGE LIABILITY~ANY AUTO
~DEDUCTIBLE
RETENTION $
WORKERS COMPENSATION AND
EMPLOYERS’ LIABILITY
OTHER
01-WC-984078
DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
CONFIRMATION OF WORKERS’ COMPENSATION INSURANCE.
CERTIFICATE HOLDER ADDITIONAL INSURED; INSURER LETTER:
City of Palo Alto
Contract Administration
P. O. Box 10250
250 Hamilton Avenue
Palo Alto, CA 94303
ACORD25~(7~7)
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 0 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO $O SHALL
IMPOSE NO OBLIGATION OR LIABIUTY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATWE&
CORD CORPORATION 1988
EXHIBIT D
PART III - CERTIFICATION OF NONDISCRIMINATION FORM ~,10
Project:Refuse Fund Cost of Service Study
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 discdminate in employment with regards to
age, race, color, religion, sex, national Qdgin, ancestry, disability, or sexual preference; that they
are in compliance with all Federal, State ~hd-tocal ..d.irectives and executive orders regarding
nondiscrimination in employment..
.Firm: Brownr Vence & Associate9 DATE: 10-17-0.0
Titleof Offi, e’er ~i, gning’~.
Sig n atu re(-.//~//(~~~! ..
CITY OF PALO ALTO: CERTIFICATION OF NONDISCRIMINATION RFP #129763