HomeMy WebLinkAbout0555.091•
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December 12~ 1991
THE HONOP~BLE CITY COUNCIL
Palo Alto. California
Regional 'Water Quality Control Pla.n'!: -Vehic_J_~_ Service J·a~ilitieg.
Poll utton Prevention -Co_nsul tant ~g_L~J~I;'1ent
Members of the Council:
Report in Brief
This report requests. that council approve an agreement -with Uribe:!
and Associa'tes in the amount of $128,360 to o5sist the City of Palo
Alto Regional Water Quality Control Plant (RWQCP) staff with the
Vehicle service Facilities Pollution Prevention Program. Funds
have been appropriated in the RWQCP FY 1991-92 operating budget.
Background
The discharge permits issue.d to the City for the RWQCP and the
storm drains require the city to control pollutant discharges from
Vehicle Service Facilities (VSF). VSFs include auto repair shvps,
body shops, car dealers, car wasLes, similar facilities for trucks
and large equipm~nt, and the Palo Alto Airport. Such facilities
are a source of oil, grease, solvent.s and heavy me.tals ..... hich flow
through the sanitary sew"er and storm drains to San Francisco Bay.
Discharges: t.., the san.itary sewer are treated at the RWQCP, but the
treated wastewater does not comply with ne~, extremely stringent,
metals standards. Discharges to the storm drains re.::eive no
treatment prior to discharg~ to the Bay.
The program envisior.~~ for the VSFs consists of:
1. Development of an ordinance and Best Management Practices
(BMPS) •
2. Site visits to explain the ordinance and describe the B11Ps.
3. Positive reinforcement and public acknowledgement for those
facilities observing the BMPs.
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Compli&nce inspections follo'Wing the proposed O.-:;tober 1, 1992,
effective date of the ordinance and appropriate follow-up
enforcement.
The consultant agreement Scope of 'flork "'i 11 focus pri1l121r ily on
Tasks 2 and 3 (see previous 'Page) during the first year of the
contract. The agreement could be rerlewed fer t .... 'o additional years
and the tasks modit ied as t.he progra1t progresses.
The tasks described above constitute the basic services of the
agreement and 'Will cost $98, 360~ The agreement also cont-1ins
additional services in the amount of $30,000 for one or more
industry experts to assis~ small businesses in meeting the
Ordinance requirements. This additional program feature will be
added if sufficient demand exists.
piscussion
The Policy and Services Committee revie~ed and approved the
sel~ction of Uribe and Assol;iates .as the cc.nsul tal"lt for this
agreement at their November 25, 1991 meeting. Uribe & Associates
was recommended for selection because of tne firm's understanding
of the concerns and special problems of small businesses and the
vehicle service industry in particular; its proximi t~; to and
knowledge of the service area of the RWQCP; its ideas for a
"positive incentive ft based program; and its costs in relation to
the tasks proposed~
RecommendatiQru!:
staff recommends that Council:
1. Approve and authorize the Mayor to execute the attached
agreement with Uribe and Associates in the a~ount of $128,360
for the Vehicle Service Facility Program.
2. Authorize the City Manager or his designee to negotiate and
execute amendments for services related to or incidental to
the sccpe of work or seryices~ the value of all of which
amendments shall not exceed $15,000 during the first year of
the agreement~
3. Authorize the City Manager or his designee to extend the
agreement for two additional years provided that the ~ork is
satisfactory, the need exists, and funds are appropriated
during the budget process.
4. Authorize the City Manager or his designee to negotiate and
execute amendments for services, the value of all of which
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shall not exceed $15,000 during the second and $15,000 during
the third year of the agreement provided that the agreement is
extended to those :..ears.
Respectfully submitted,
PHILIP BOBEL
Manager, Environmental Compliance Division
DAVID G. ADA.'!S
Director of public Works -----, ". I
C4-~(.~/---_
WI LLIAIf ZANER
city M,nager
Attachment: Agreement
Related CMR; 496~91
CMR:555:91
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A g R E E MEN T
PROFESSIONAL ENGINEERING CONSOL'l'AN'r SERVICES
BY AND BETWEEN THB CITY OF PALO AL~ AND
URIBE , ASSCCI~TES
THIS AGREEMENt.!' is :clade and entered into this ___ day of
• 1991, by and betw-een the CITY OF PALO ALTO, a
municipal corporation of california, heI"'2inafter refecr.ed to as
"CITY," and URIBE & ASSOCIATES (Taxpa)'er Identificaltion No. 68-
Ol03703}, a California ca~poration, ~ith offices at 2930 Lakeshore
Avenue, Suite 200, Oakland, CA 94610, hereinafter referred to as
"CONSULTANT"~
WIT N E S B E ~ X:
WHEPLAS, CITY desires certain professional services
hereinafter des~ribed~ and
WHEREAS, CITY desires to engage CONSUL'l'ANT to provide
~~ese services by reason of its qualifications and experience for.
performing such services, alnd CONSULTANT has offered to prcvice the
required services on the terms and in the manner set forth herein;
NOW, THEREFORE, in consideration of their mutual
covenants, t.he parties hereto agree as fallows:
="'OJLL~-DEFINITIONS
1.1 =
The term "Citr" as used in this Agreement shall :mean and
include all the territory lying ~ithin the municipal boUndaries of
the city of Palo Alto, California, as presently existing, plus all
territory 'wro'hich may be a.dded the.reto during the term of tr..is
Agreement by annexaticn or other",-ise.
1.2 CIT~ MANAGER
The term "City Manager-" shall mean the duly appointed
City Manager of the City of Palo Alto, California, or his
designated representative.
1.3 c;!TY ___ ATTORNEY
The term ~City Attorney" shall mean the duly appointed
city Attorney of the Cit:,r of P310 Alto, California, or his
designated representative.
The term "City Clerk.'1 shall mean the duly appointed City
Cler-Jc of the City of Pa.lo Alto, california, cr her designated
representative.
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l~e term ~Risk Manager n shall mean the duly appointed
Risk Manager of the City of Palo Alto, California, or his designat
ed representative~
1~ 6 FROJECT
The term "Project~ means the improve~ents described in
Exhibit -A" entitled "scope of Project fl attachE'!d l"lereto and m3de a
part hereof.
SECTJ..9N 2 -PROJECT COORDINAT10N
2.1 CITY
The city Manager shall be representative of CITY for all
purposes under this Agreement. PHIL BOBEL is designated as the
PROJECT MANAGER for the City Manager, and he sha]l supervise the
progress and execution of this Agreement, and also serve as PROJECT
ENGINEER~
2 • .2 CONSULTANT
CONSULTANT shall assign a single PROJECT DIRECTOR to have
overall responsibility for the progress and execution of this
Agreement for CONSULTANT~ S~LVIA DELGADO hereby is dcsignated as
the PROJECT DIREC'IOR for CONSULTANT. GEOFF BROSSEAU shall be
assigned as PROJECT COORDINATOR for C01JSULTAN'1' and shall represent
CONSULTANT during the day-to-day .... ork on the Project. Should
circumstances or conditions subsequent to the execution of this
Agreement require a substitute PROJECT DIRECTOR or PROJECT
COORDINATOR for any reason the PROJECT DIRECTOR or PROJECT
COORDINATOR dcsignee shall be subject to the prior written approval
of the PROJECT ENGINEER.
SECTION 3 -SCOPE OF PROJ-E.CT
'rhe scope of the. Proj ect to be executed by CO.NSULTA..~T
under the phases of the Basic services described in Section 4.1 of
this Agreement is as described. in Exhibit WAil at.tached hereto and
made a part hereof.
SECTION ~ -_DUTIES OF CONSVLTANT
4.1 ~ SERVICES
Unless othenw'ise indicated, CONSULTANT shall perform each
task and accomplish each objective des~ribed in the Study Plans
sum~arized and more particularly described in Exhibit ftA,-nSccpe
o.f Project~· CONSULTANT's Basic Services shall be furnished as
described in Exhibit ~A·, Section I.
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4.2 APDITIONAL SERVICES
C-oNSULTANT shall peTfonD the additional s€'rvices defined
in Exhibit -A-, Section II if so authorized in writing by CITY, and
shall be paid as provided i~ Sectio~ 6 of this Agreement.
".3 GENf.RA.L DUTIES OF CONSULTANT
4.3.1 CONSULTANT r~presents that ~t is qualified to
furnish the services described under this Agreement. CONSULTANT
further declares that one or more members or employees of his firm
ana that of its Eubconsultants, if any, are licensed by the State
of California to perform their services and that these services
will be performed by them or under their supervision~ CONSULTANT
shall furnish to CITY for approval, prior to execution of this
Agreement, a list of all firms or c~rporati~ns to be employed as
subconsultants ..
" .. 3.2 CONSULTANT states that it is avare of the
requirements of the Government Code and the Health and Safety Code
of the S~ats of California relating to access to public buildings
and accommodations for physically handicapp~d persons, and relating
to facilities for handicapped persons. CONSULTANT shall comply
with such provisions in carrying out the terms of this Agreement.
4.3 .. 3 CONSULTANT shall fUrnish CITY' 'With every
reasonable opportunity for CITY to ascertain that the services of
CONSULTANT are being performed in accordance with the requirements
and inte!"l.ti ons of this-AgreeIt'lent"~
SECTION "j -pifrlES OF CITY
5.1 CITY shall provide full information regarding its
requirements for the Project.
5.2 CITY shall examine documents submitted by CONSULTANT and
shall render decisions pertaining thereto promptly~ to avoid
·~.mreasonable delay in the progress of CONSULTANT IS work.
5.3 The services, information, sun~eys and reports required
by paragraph 5.1 inclusive shall be furnished at CITY's expense,
and CONSuLTANT shall be entitled to rely upon the accuracy thereof.
5 .. 4 If CITY observes or otherwise becomes aware of any fault
or defect in the Proj ect or nonconformance 'With the contract
documents, CITY shall give prompt written notice thereof to
CONSULTANT.
5.5 CITY shall furnish information required by CONSULTANT as
expeditiously as possible.
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SECTION 6 -__ PAYl1_~IT
payment. shall be made bj' CIT\' only for services rendered
and upon s~mission in ~riplicate of monthly progress payment re
quests. Each invoice shall be i temi2'.ed as to the type of payment
described in this section.
6.1 C'ONSULTANT'S FEES
In consideration for the full performance of the easic
services and reimbursable expenses described in Section .4.1 of this
Agreement, CITY agrees to pay CONSULTANT a fee not to e}(ceed
$98,360 f'~r the first year of the term of this Agreement.
The amo~nt of CONSULTANT's compensation shall be
calculated as SEt forth in Exhibit "Bit. standard .fee Schedule,
attach~d hereto, on a time and materials basis, up to the maximum
amount set forth in this paragraph 6.1.
6.1.1 Subcvnsul t.ants ~ Fees for subconsul tants, hired
directly by CONSULTANT I shall be approved by CITY in advance of
incurring such fees.
6.L2 For AdditJonal Services. For CONSULTANTrs
additional services, as described in section 4 of this Agreement,
compensation shall be as pre5cribed in Exhibit "B" but net to
exceed $30,000. The rate schedules shall be updated on January 1
of each year.
6 .1. 3 For Ex:tnra Work or Changes. Payment for extra
~ork or changes in the work not initiated by the CO~SULTANT and
authorized in ~riting by the PROJECT ENGINEER shall be made upon
submission ~y CONSVLTANT of a statement in triplicate of itemized
costs covering such work. Prior to comroencino such extra work or
changes, CONSULTAn1' and CITY shall agree upon an esti::t1ated not-to
.exceed cost for such extra iiorx. In no event shall CONSULTJI.J"T be
paid for design work or change order p:-eparatiorL ",,'hich is necessal.-Y
because of CONSUI.JTAN'I" 5 errors or oversights.
6.2 PAYMENT SCHEDULE
Services
services
6.2.1
shall be
performed
For Basic SerJices. Payments for Basic
n'.ade in progress payrr,ents in proportion to
in accordance ~ith Exhibit "B".
Final payment shall be made by CITY after CONSULTANT has
submitted all required products and reports and received approval
thereon~
6.2.2 For Additional Services. PayPlents for
aQditional services of CONSULTANT as defined in Section 4 shall be
made as part of the monthly progress pay-lnents for services
rendered.
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6.2.3 Deductions.
CONSULTAN't's compensation on
damages j or other s~ms withheld
Nt:) oeductions shall be made [rem
aCC01.lnt of penalt.f, 1 iql1_ic.'L~ted
fro~ paynents to contractors.
6.2." Payment J;'p_QJl._!L\b~ension or Ab-andoTjment Qf
Proj~<::_~. If the. Project is suspended for more than three (3)
months or abandvned in ~hole or in part l CONSULTANT shall be paid
its compensation for services performed prior to r~ceipt of 'Written
notice from CITY of SlJcb 5uspensi:m or abandoronent, together 'With
additional and reimbursable expenses then due. IE the Project is
resumed after being suspended for more than. sixty (60) days, any
change in CONSULTANTrs compensation shall be subject to renegotia
ticn and, if necessary. approval by the Palo Alto City Cou~cil. If
this Agreement is suspend~d o~ terminated for fault of CONSULTANT,
CITY shall be obligated to cC1IIlpensate CONSULTANT only fer that
portion of CONSULTANTts services """hich are of benefit to CITY~
SECTION 7 -TERM AND PROGRESS AND cgMPLETl..QN
7.1 TERM OF AGREEMENT AND RENEWAL
The initial term of this Agreement i~ twelve (12) months.
However, CITY reserves the right to cancel or modify the Agreement
according to any changes or deletions in regulatory agency
requirements for CONSULTANT I S sentices. CITY 1n3Y reneW' this
Agreement with CONSULTANT on an annual basis for up to two (2)
additional years following the first year of t.he Agreement. The
renewal of the Agreement is subject to whether CONSULTANT's
performance under the Agree~ent is satisfactory to CITY and whether
the Palo Alto City Council allocates funding for the Agreement for
each of the subsequent two (2) fiscal years Df the term. Prior to
the renewal of this Agreemen~, CITY and CONSULTANT shall negotiate
a mutually acceptable escalation factor for fees to be paid to
CONSULTANT for its services under the renewed Agreement~ If no
agreement can be reached on an acceptable escalation factor, the
Agree~ent shall net be rene"wed.
7.2 TIME IS OF THE ESSENCf
It is understood and agreed that ti!!",e is of the essence
of this Aqreement~ and that l following receipt of Notice to
Proceed, CONSUL'rANT shall commence ...... ork on initial tasks of stUdy
in accordance ",ith the time schedule, Exhibit "A", Section IV.
Work on subsequent tasks shall proceed in accordance ~ith said time
schedule~
"}.3 TIMf', OF COMPLETION OF EACH PHASE
CONSULTANT agrees to perform the phased services within
the time limits set forth in Exhibit ~A~ provided, however, that
any change in the scope of sprvices or other changes due to CITyt s
operating requirements, or in connection with other contractors or
conSUltants operations~ m~y require ~ revised time table.
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CITY agrees to exercise due dLligence in performing its
tasks to L-r.plement the CONSUL'1'ANT 1st i.~e tabl-e ..
7.4 CITY'S REVIEW AND APPROVAL
Between each phase of 'aiork there is a review and t.pproval
period :by CITY.. CITY 'Will exercise due dil igence to complete these
tasks; bo~ever, it is recogni~ed that the interrelated exchange cf
information among CITY's various departments makes it impossible to
set a specific time schedule .. Normally, CITY's estimated period of
review and approval ~il1 be furnished to CONSULTANT at the ti~e of
submission of each phase of ~ork.
7 .. 5 EXTENSION OF TIME OF COMPLE'I'.l.,QN
In the event the services called for un,jer this Agreement
are not completed by CONSULTANT ~ithin the ti~e specifi~d, CITY
shall have the option to extend the time of completion. This para
graph does net preclude the recovery of damages for delay of either
party.
SECTION 8 -CHANGES IN ~QRK
CITY may order major ,::hanges in scope or character of
wo~k, either decreasing or increasing the amount of CONSULTANT's
services. In the event that such changes are ordered, CONSULTANT
shall be entitled to full compensation for all .... ork performed prior
to r.:ceipt of notice of change. Increased co·rr.pensation for major
changes shall be determined in accordance with section 6 of the
Agreement, but in no event shall CITY be liable for payment unless
the amount of such extra compensation shall first have been agreed
to in writing by CITY.
In tne event that major changes are ordered pursuant to
this section, the schedule for progress and completion in Section
7 of this Agreement and compensation shall be adjusted by negotia
tion bet .... een CONSULTA..~T and CITY, subject to approval, if necessar.i
by the Falo Alto City council.
SECTION 9 -'l'ERHJJ,J.ATION OR .$.Q .. 5PENSION OF AGREEMENT
9.1 CANCELLATION.BY CONSVTSANT
CONSULTANT may-terrrLinate this Agreement or suspend work
on the Project upon thirty {30) days' ~ritten notice to CITY j but
only in the event of substantial failure of performance bi~ CITY or
in the event CITY abandons or indefin!tely postpones the project.
Without limitation to such rights or remedie.s as CITY
shall otherwise have by law j CITY shall have the right to terminate
this Agreement or suspend 'Work on the project fer any reason, u;>on
fifteen (15) days' written notice to CONSULTANT, or immediately
aftet· submission to CIT'i by CONSULTANT of any completed item of
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service specified in section " of this Agreement. CO N'SULTANT
agrees to cease all wcrk under t.his Agreemer.t upon receipt of said
writte!l notice.
~.3 COMPENSATION OF CQB~~TANT IN TH~
EYENT QJ' TERMINATIQ1LQF THIS A-:3Ri.EMEN'r
In the event of termination of this Agreement or
suspension of work on the Project by either CITY or CONSULTAJ.IT,
CONSULTANT shall receive compensation as follo~s:
9.S.1 For approved items of service under section'
of this Agreement, compensation shall be in the amount outline'
under section 5 of this Agreement for the items of service fully
performed by CONSULTANT.
9.3.2 For items of service on which a notice to
proceed has been issued by CIT'i, but which have net been tully
completed and approved, CONSULT~ shall be compensated for said
service in an amount which bears the same ratio to the total fee
otherwise payable tar the performance of said service as the
s.arvice actuall}~ rendered bears to the total service necessary for
the full performance of said item of service.
9.3.3 In no event shall the total cotnpensation paid
in the immediately pre~eding paragraphs exc€ed the payment
specified in Section 6 for the respective items of service to be
furnished by CONSULTJL~.
9.3.4 Not""ithstanding anything in the preceding para-
graphs, upon termination for fault of CONSSLTANT, CITY shall be
obligated to pay for only that portion of the service which can be
incorpcrated in the Project.
9.4 DUTIES OF CI~Y AND CONSUL1AN~
Upon termination of this Agreement or suspension of work
on the Project by either CITY or CONSULTANT, all duties of CITY and
COl:"lSULTANI, as set forth in Sections 4. and 5 :t-,ereinabove, shall
terminate.
SECTIO~ 10 _:::' ____ CONSULTANlIS ACCOUNTl~G R~CORDS
Records of the fcllowing expenses pertaining-to the
Project shall be kept by CONSULTANT in accordance with generally
accepted accounting principles and shall be available to CrTY at
mutually convenient times~
SECTION 11 -OWNERSHIP OF OOCUMEI'N
11.1 Subject to the p~ovisions of Paragraph
original drawings, maps, plans, designs I records
data, specifications, and other documents prepared
the performance of this Agreement, although
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11.2 below, the
of survey, work
by CONSULTANT in
instn.unents of
prot'e5siona1 secvice, are and s!l3.ll be th€' property of CITY \.jhet~er
the Project for which they are made is executed or not.
lL:2 Upon terDlination under Section 9 of this Agreem€:nt and
upon CITY's payoent of the a~ount re~~ired to be paid under same
section, the originals and all dra~ings, c~lculations, specifica
tions and simi lar documents become the property of CrTi', and
CONSULTANT shall transfer them to CITY upon r-equest 'Without
additional compensation. CITY shall have the right to utilize any
completed or uncompleted drawings, estimates, specifications, and
other documents prepared hereunder by CONSULTANT; however, CITY
shall indemnify CONSULTANT against any loss which :c:a:y be cause:d to
• CONSULTA.1>lT by such use and reuse.
SECTION 12 -INTEREST OL..kQNSULTAN7; CONSULTANT INDEPEN
DENT OF CITY
In accepting this Agreement, CONSULTANT covenants ·t.hat it
presently has no i!'lterest, and shall not acquire any interest,
direct 0= indirect. financia.l or otherwise / 'Which W'QuId conflict j n
any manner or degree with the perf~r.mance of the services here
under. CONSULTANT further covenants that/ in the performance of
this Agreettent. no subcontractcr or person having such an interest
shall be employed. CONSULTANT certifies that no one W'ho has or
will have any financial interest under this Agreement is an officer
or employee of CITY.
It is expressly agreed that in the. performance of the
professional services required under this Agreement CONSULTANT, and
any of its subconsultants or employees/ shall at all times be con
sidered independent contractors and not agents or e"mployees of
CI'rY.
SECTION J __ L .. ::: .... ..Q.l,l.·r~IDE CONSUr,..1'.~.'f.~
CONSt:'LTANT shall be responsible for employing all -outside
conSUltants (subconsultants) necessary 'to aid CONSCr-TANT in tt.e
performance of the serY'ices listed in Secticn 4 of this Agreement;
provided, however, that all such subconsultants shall receive prier
approval of CITY in "wro'riting and shall remain acceptable to CITY
during the ~erm of this Agreement.
CONSULTANT agrees to indemnifi~, defend and hold harmless
CITY, its officer's, agents and employees from any and all de!!lands,
claims, or liabil ity of any nature, including death or injury to
any person, property damage or any other loss, caused by or arising
out of CONSULTANT's, its officers', agents', subcontractors' OL
employees' negligent acts, errors, or omissions, or willful
misconduct, or conduct for which the la\o.' imposes strict liability
on CONSULTANT in the performance or failure to perfo't11l this
Agreement.
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15.1 LIABILITY IN_SJL~\NCE;:
15.1.1 CONSOL'l'A..~T. at its sole co;S.t and expense, shall
obtain and maintain, in full force and effect throughout the entire
term of this Agreement, the insurance coverage described in Ey.nibi t
"en, attached hereto, in.-;urir.g not only CONSULTA."lT and its
subcontractors~ if any, but also, ~ith the exception of workers'
compensation and employer's liability insurar.ce, CITY, its
officers, egents and employees, and each of them, ~ith respect to
activities and services perf':lnr.ed by CONSULTAli'r for or on behalf of
CIT¥ ~nder the provisions of this Agreement.
15.1.2 Certificates of such insurance, preferably on
thl5-.forms provided by CITY. shall be filed ... ·ith CITY concurrently
"With the execution of this Agreement or, 'With CIT'i's approval,
within ten (10) werking days thereafter~ Said certificates shall
be subject to tbe approval of the CI'l''i Risk Manager and sh3.l1
contain an endorsement stating that sa,id j nsurance is primary
coverage and ~ill not be cancelled or altered by the insurer except
after filing with the 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
professional liability insurance). CUrrent certificates of such
insurance shall be kept on file at all times during the term of
this Agreem€nt with the City Clerk~
15.2 CORRECTIOl! __ ..9LM.X ERRORS 1 OMISSIONS. AND A11BJ_~lLtT.I.ES
n!._.90:NTRACT DOCtJHENTS
Any errors, om.issions~ or ambiguities ir. the contract
documents which are discovered before the Project is out for bid
shall be corrected by CONSULTANT without C05t to CITY. CONSULTANT
services required to !:lake changes in constrwction resulting from
errors, emissions, or a:!'Jbiguities in the contract dccuments which
are discovered after the contract is award~d shall be performed by
CONSULTANT without cost to CITY only insofar as they result in
unnecessary or non-beneficial changes in construction. CONSULTANT
services required to TJ.a);,e changes in constr.lctio!'l. resultinq from
errors, omissions, or ambiguities to the contract documents ~hich
are discovered after the contract is awarded shall be performed by
CONSULTANT &nd shall be paid for by CITY only insofar as they add
benefit to the construction work~
~.f,;CTION 16 -WORKERS' COMPENSATION
CONSULTAN"T, by executing this Agreement, certifies that
it is aware of the provisions of the Labor C::>de 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 "rill comply with such provisions before coornencing the perform
ance of the 'Work of this Agreement~
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SECTION 17 -AGREEMENT BINDTNQ
The te4~s, ~over.ants, and conditions of this Agreement
shall appl} to, and shall bind, the heirs, successors, executors,
administrators, assigns, and subcontractors of both parties.
SECTION 18 -NONASSIGNABIl,IT'l
18.1 E_~,:gSOr.t.';J~ SERVICES OF CONSULT1"'J~T
XYJth parties hereto recognize that this Aqrep.ment is for
the personal services of CONSULTANT .and cannot be transferred,
assigned or subcontracted by CONSULTANT lJithout the prior written
consent of CITY.
18.2 SERVICES OF SUBCONSULTANT AND THEIR EMPLOYE~~
CONSULTANT shall be responsible for employing or engaging
all persons necessary to perfonn the ser ... ices of CONSllLTANT here
under. No subconsultant of CONSULTAN~ will be recog~ized by CIT~
as such; rather, all subconsultants are deemed to be employees of
CONSULTANT~ and it aqrees to be responsible f~r their perfo~ance.
CONSULTANT shall give its personal attention to the fulfillment of
the provisions of this Agreement by all of its employees and sub
consultants, if any, and shall keep the work under its control. If
any employee or subconsultant of CONSULTANT fails or refuses to
carry out the provisions of this Agreement or appears to be
i~cQmpetent or to act in a disorderly or improper manner~ he or she
shall be discharged i~ediately fr~m the work under this Agreement
on demand of CITY.
SECTION 19 -RELI_b,N_~ .. LJ}PON i:ROf.~_.? .. $_JONAL SKILL OF
£9N~ULTANT
It is mutually understood and agreed by and bet .... een the
parties hereto th~t CONSULTANT is sic i lIed in the professional
calling ner.:essary to perform the iolork agreed to be dO::-le hereunder
and that CITY relies upon the skill of CONSULTANT to do and perform
the ,.ork in the most ski l1ful reanner, and CONSULTANT agrees to thus
perform the work. The acceptance of COnSULTANT I S ...-ork by CITY does
not operate as a release cf CONSuLTANT from said obligation.
The waiver by either party of an:t breach or violation of
any term, cover.ant, or condition of this Agreement or of any
provision, ordinance, or la .... shall not be deemed to be a waiver of
any other term, covenant, condition, ordinance, or law or of any
subsequent breach or violation of the same or of any other term,
covenant, condition, ordin~nce, or laiol. The subsequent acceptance
by either party of any fee or other money which may become due
hereunder shall not be deemed to be a 'Waiver of any preceding
breach or violation by the other party of any term, covenant, or
condition of this Agreement or of any applicable laiol or ordinance.
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SECTION ;: 1 -NO IMPLIED ~'AIVER
So payment, partial payment, acceptanca, or partial
acceptance by CITY shall operate as a ~aiver on the part of CITY of
any of its rights und~r this Agreement.
SECTIQN 22 -COSTS &~D ATTORNEYS I FEES
The prevailing party in any action broucrht to enforce the
terms of this Agreement or arising out of th-is 1I.gree2!1ent may
recover its reasonable costs and attornev fees expended in
connection with s~ch an action from the other party.
SECTION 23 -NOtlDIscEJ-MINATICN; PENAJdtX
23.1 DUTy OF CONSULTANT
No discrimination shall be rr,ade in the employment of
pe:s?ns under this Agreement because of the race l color, national
or~q~nl ancestry, religion or sex of such person. If the value of
this Agreement is. or may be. Five Thousail.d Dollars ($5, 000) or
more, CONSULTANT agrees to met all requirements of the Palo ~lto
Municipal Code pertaining to nondiscrimination in employment,
including completing the "Compliance Report--Nondiscrimination
Provisions of City of Palo Alto contracts" ou t~e form furnished by
CITY and attached her-eto as Exhibit "D~ and made a part he_reo! by
this reference~
CONSULTANT agrees that each agreement for ser~ices from
independent providers shall contain a provision substantially as
follows:
apROVIDER shall provide CONSULTANT with a
certificate stating that he (or she) is currently in
compliance with all Federal and State of california laws
covering nondiscrimination in e-:nployment; that he (or
she) ;.rill pursue an affirmative course of action as
required by the Affirmative ;'ctio~ G-.J.idelines 'Of the City
of Palo Alt~; and that he (or she) ~ill not discriminate
in the employment of any person under this contract
because of race, color, national origin. ancestry, sex or
religion ot such person.~
23.2 PENA.LTY FOR PI~~RIMIN.ArJ.QN
If CONSULTANT is found in violation of the nondiscrimina
tion provisions of the State of California Fair Employment
Practices Act or similar provisions of federal law or executive
order in the perfo~ance of this Agreement I it shall thereby be
found in material breaCh of this AgreeICent. Thereupon, CITY shal.l
h<:!ve the power to cancel or susj:'end this Agreement, in whole or in
part, or to deduct trom the amount payable to CONSULTANT the sum of
Twenty-Five Dollars {$25) for each person for each calendar day
during whicn such person was discriminated against, as damages for
said breach of contract, or both. Only a finding of the State of
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California Fair Employment Practices Commission or the equivalent
f2deral agency or officer shall constitute evidence of a violation
of contract under this section.
If CONSULTANT is found in violatior:: of the nondis
crimination provisions of this Agreement or the applicable
affirmative action guid~lines pertaining to this Agreement,
CONSULTANT shall be found in :C'laterial breach cf this Agreement.
There~ponl CITY shall ?lave the power to cancel or suspend this
Agreement, in whole or in part, cr to deduct frotl. the amount
payable to CONSULT~VT the sum of ~.o Hundred Fifty Dollars ($250)
for each calendar day during 'Which CONSULTANT is found to have been
in such noncompliance as damages for said breach of contract, or
both.
SEc:r_lQ_ti 24 -ARBITRAT!ON
upon ag~~ement of the parties any controversy or claim
arising out of or relating t~ this Agreement may be settled by
arbitration in accordance with the Rules of the American Arbitra
tion Association, and judgment upon the award rendered by the
Arbitrators may be entered in any court having jurisdictioI":.
thereof.
SECTION 25 -NOTICES
All notices hereunder shall be given in 'W'riting and
mailed, postage prepaid, by certified mail, addressed as fallows!
To CITY: Office of the City Clerk
250 Hamilton Avenue
Palo Alto, CA 94303
To CONSULTANT: Attention of the PROJECT ENG!NEER
at the address of COUSULTA1IT recited above
SECTION 26 -AI.JL COVEN}L~'l'S ARE ~ON'-'~.IIJON.!i
All provisions of tr-~is Agree.ment are expressly made
conditions.
SECTION 27 -AGREEMENT CO~~AIrS A~~
UNDERSTANDINGS: ~ANDMENT
'I'his docUl!1ent represents the entire and integrated
agreement between CITY and CONSULTANT and sl..'persedes all prior
negctiations~ representations, and agreements, either written or
oral.
This document may be amended only by written instrument,
signed by both CITY and CONSULTANT.
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§ECTI0~ 28 -GaVEP.NING L.A..!'!
This Agreement shall be governed by the laws of the State
of California.
IN WITNESS WHEREOF, the parties hereto have executed this
Aqreement the day and year first above written.
ATTEST: CITY of PALO ALTO
=:;::::-;~==------~---city Clerk
APPROVED AS TO FORM:
Assistant City Attorney
APPROVED:
Assistant City Ma~ager
Director of Finance
Risk Manager
APPROVED AS TO CONTENT:
Director of Public Works
Attachments:
EXHIBIT .. A" ;
EXH!BIT -BJI:
EXHIBIT "en:
EXHIBIT !IIDII:
URIBE , ASSOCIATES
By:(£L2]t 0' I ,
Its: P:--eside..'1t
SCOPE OF PROJECT & SCHEDULE
RATE SCHEDULE & PAYMENT SCHEDULE
INSURANCE
~NONDISCRIKINATIDN COMPLIANCE FORK
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EXHIBIT A
SECTION I· BASIC SERVICES
SCOPE OF WORK AND SCHEDULE FOR
VEIDCLE SERVICE FACiliTY
WASTE MINIMIZATION PROGRAM
December 2, 1991
Frepared for
Reglonal Water Q\UOJily o,ntrol rlant
Public: Works Department
City or Polo Alto, California
Frep4red by
Uribe &: Associates
Palo Alen, California.
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SCOPE OF WORK AND SCHEDULE FOR VEHICLE SERVICE FACILITY
WASTE MINIMIZATION PROGRAM
1.0 SCOPE OF WORK
The followiog scope of work: hzs been revised based an di.s<:ussion5 with City staff.
TASK 1.0 PROGRAM DEVELOPMENT
Subtaskl.l Review/Edi! Vehicle Send« Facility List
Some facilities appear to be missing from the Jist while there is incomplete
information on other facilities. U&A 'h;il! review and upda!e the list.
Subtask 1.2 DeveJop Positive Incenthes
U&A will work \l,'Ltn the RWQCP 10 define the type and vaiue (If the
positive in~ntives. U&A will devdop the artwork for a recogni!ioo sticker
aod iI compliance pledge. U&A will discQ<;S with the RWQCP staff, other
City staff, and u':.e PenLnsuta Conservation Center the possibility of an
annual award for outstanding shops. U&'A. will briefly investigate the
success of other positive incentive and "green" markeling programs and
incorporate any stgniflcaut findings Lnta t.his program.
Subtask 1.3 Develop Informatioo Database
U&A will develop a simple database to allow the entry. tracking, and
retrieval of facility information generated by the site visit.'i. The databa!;e
software will be selected to be compatlble with that used by the R WQCf.
Faci!ity inspection forms will be dt:signed to facihtate keyboard entry of
information into the database. The database will contain at least the
following attributes:
o Facility exists?;
o Facility name, address, and phone number;
o Contact person (o..voer/Operator);
o Standard Indusu-ial Classificatbn (SIC);
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o Business type (e.g., gas station. auto p:1int shop. offiC(/retail only?);
o 3usill~ss a';tivLties (e.g ... radialO! repatr, car wa~h:ng, any wet
processes ?);
o Dates Oast visit. this visit);
o Inspeclor(s);
o 'Nastr: types (e:.g..,. batteries, used oi~ metal fijings);
o Best Management Practice (BMP) checklist/Recognition criteria
informaticn; and
o Recognition status.
Subwa...l.4 Coordinate wHh Advisory Committee
To gatMT input froID aum service businesses. V&.0I\ will attend meetings of
the Metals Advisory Group's AtJtomotive Repair subcommittee. In addition,
the subcommittee will be aske.d to review progrnm elemenlS and make
recommecdations.
Subtask 1.5 Develop Resource luror-rnalion and Cooduc-l "rorkslmps
U&..."\ will reseArch and develop a resource list ofprooucts, equipment and
services availaL[e to assist aulQ facilities in adopting BMPs. Specifjc
product and cost information will be included in the resource list which will
be distnbuted during workshDps aDd as}J3r1 of the program package.
U&A will atso develop and conduct two \o.·orkshops for 2UtO s.ervice
facil;ties. One of these workshops wil.l be a resource fair, providing shop
owners/operato:3 the opportunilY to meet with vendors of supplies and
equipment, off-sile recyclers, and other companies which provide services
necessary for best management practice implementation. The other
workshop will be a more hands-on presentation of best marlagement
practices. This woruhop will include, ifpossible, a visit to a shop
implementing many BMPs.
Subtask 1.6 DeveI<Jp Program Des<:riptioD
As r~uircd by the RWQCP, U&A will de',,)op a brief (l()'lS pages)
Program Description within the first 30 days oCthe program. U&Awi11
work closely with the RWQCP staff to refine the scope of work into specific
tasks, products, aad schedules. The descriplioc will defme the prcHocol of a
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site visit so that individual facililks are compared against a uniform
sUicdard and recei .... e consistent ioformaiion.
Sublask 1.7 Develop Program Package
U&A will devdop a package consisting ofa brochure descnbing the
program and an applicallon ('.ombin[ng a self-audi: cher:k1ist, action plan,
and rerognitkln criteria. The package wili aIse. include a series of I-page
ordinance-based handouts: ,patch wilt cros.~HefereDct BMP implementation
with ordinance compliance. The package will use existing iilforma!ion and
wilt prfSeDt the information as clearly and coDcisely as possIble.
]nform.uion will be made available in Spanish, as oecessaI)'.
Products: Facility lnfNmation Database
Recognition Sticker(s)
Compli.oce Pledge
Program Description
Program Package
TASK 2.0 SITE VISITS I PROGRAM IMPLEMENTATION
Sublask 2.1 Perform Program Package Mailing
Immediately after the adoption of the revlsed sewer ordinance, U&A will
send the program package 10 ea·::h facility. Later, U&A will contact each
fa,cility's owner/operator 10 make an appointment for a sit: visit. The shop
will have several weeks 'tIefore it .. scheduled site visit to conduct its self
audit
Subtask 2.2 CODduct Site Visits
U&A will concucl a site visit of the 281 iisted facilities in the service area
by May 31, 1992. ABy r"!levant information collected by the RWOCP about
a facility sbou!d be provided to the site inspectors before each ,,'isit. The site
visits will be ll..-;ed to dis.'~eminate as well as gather information. An
inspection o{the facility will be conducted and the information provided by
the facility in the self-audit checklist will be verifLed. Facility inspection
refK>I'tS from all rdcLtities visited in the previous week 'i\'i!I be provided to the
RWQCP on a weekly basis. Each facility will receive a copy of their self-
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audtl checklist and feedback as !Q their recognition program aod ordi>lance
com pi iance sta tus,
Subtask 1.3 Review by Otter Agencies
To avoLd recognizing facLlities -;;lii:h significant compliance problems,
reports ofvtotaticn, or incidecl repcrts "'ith other agencies, the P.a~o Alto
Fire Depanm~Dt and the County Health Dt.partment will be requested to
"sign-off" ou the list of facilities meeting the recognition cri~eria.
SublJlsk 2.4 Re<:ognize Qualified F.cilities
After the flrst roued of site visits is completed. those facilities meeting the
recognition criteria aDd racking any sign[flcanl complianc~ L,,)SUes wi!h other
agencies,. v.dll be recognized as being "green". U&A will notify the facility
and pro\,jd: the recognilloo sticker(s) and compliance pledge. Any o!her
positive incentives such as the publication ofa List ofreoJgnized facilities in
the local newspaper(s) and/or information on ail annual award will also be
provided.
Subtask 2..S DranAnDual Inspection I Compliance Summary
Using tl]e database of facility infonnation., U&A will draft a brkf annual
report summarizing the results of facility inspectiorlS. The data may be
sorted by various parameters, such a:; k>cation (city). type of bus [ness, type
OfWlStes, acd 8MP;. The first year's report i..;; expected to estab!isb a
baselinf., while subseq'.ltnt years will be analyzed for trends. The resulLS
from one year's report cao be ~d to help gui.:!e the plogram the next year.
Subtask 2..6 Ove['8n Project Management
On an ongoing but [im,ted basis, U&A sellior level managers wi1! be
involved in tbe project, particularly the initial program development and
final products.
Products: Weekly Inspection Reports
Llst of Recogni:zc:d Facilities
Annual Inspection I CompJi.aDce Summary
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CONTINGENCY TASKS
The foHowing tasks are not part of the su)'pe O£V.{)r¥. but may be added as deemed
appropriate by RWQCP staff and U&A
Aqnual Award· Ifpreliminary analysis indicalf.:s rn2.t aD annt:al award would be a
positive incentive, U&Acould assist in develcping such an award.
Information Phooe Line ~ A phone number could be established by the coru;ult.'mt to
provide timely and uniform responses 10 anonyrnoU'i ir:oquiries.
Facility Re~vis!Ls -To enh<:!.Dce the positive s.pirit of the program. U&A could re·visit
facilities who implemented many BMPs butjl.lst mis...~d meeting the rec-Ognition criteria
00 the first round caf visits.
2.0 SCHEDULE
U&.A piOposes the fcllowing sch~duTe designed to cooduct a site visit of each of the
facilities in the service area by May 31, 1992. A more s~dfic s.cbedute wm be
developed as part of the program de.scri ption.
TABLE M SCHEDULE
TASK DUE DATE
1.0 Program Development
1.1 Review/Edit Vehicle Service Facility List 1192
1.2 Develop Posilive lllcen!;ve5 1/92
1.3 Develop Information Database 1/92
1.4 Coordinate with Advio;.ory C.om!l1ittee Ongoing
1.5 Develop 2nd Conduct Workshops To Be Determioed
1.6 Develop Program Descriplioll 1/92
1.7 Develop Program Package 1/91
2.0 Site VlStts f Pro~m Implernen'..aHon
2.1 PerfonD Prosram Package Mailing 2/92
2.2 Cocduct Site V-lSits 6/92
2.3 Revie'n' by Other Agencies 6/92
2.4 Recognize Qualified Facilities 7/92
2.5 Draft Annual Icspection I Compliance Summary 7/92
2.6 Overall Project Management 7/92
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EXHIBlTA
SECTION II -ADDITIONAL SERVICES
ADDmONAL EXPERTISE
UAA will be available to assist ill the development and implementation ufan advi.<;ory
service to provide expert recommendations on complex source re-duetioc issues. Tn the
first year, the emphasis Q.'ould be on the development of .. service for photoprcc.essors as
part of the Silver Reduction Program. Later, an advisory service through the Auto
Service Coueen or West Yaney College (assumi'lg appr0val of Sacta Clara County's
Toxk:s and &Jlid \Vaste Management grant application) ccmld be initiated for vehicle
service facilities.
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EXHIBIT 8
, -tTRIDE & ASSOClA TES
BILLING RATES
The fcilovri .... "lg: is a list of U&A's time ~1d rr..::.u::rials billing rates. Tnis schrdule of charges has
been iI. effect since Jt!ly. 1991 for all timo and matcriaIs work being performed by U &A.
Labor Caie;ones
Principal
Sf Assoc EnginCerJGCOlobistiHyd.-cgeoiogist
Senior Associau: PI3f'..ner
Senior ~logistiHydrogeolQgist
Senior Engioeer/Sci~n tiSl
Senior P..anner/Project Manag:er
Geologist II
Geologist I
Engineer II
Engineer I
ScicutistIPlanner II
Scicu!is!/Planner I
Technicia.o/P1anner
Technical Editor
Resea..rcb A..ssisant
Production A.s:sistant
Special COllSJltan<
Hourlv Rate ($)
105 -130
90 -100
80 -90
85 -95
85 -95
80 -95
70 -85
55 -70
70 -85
55 -70
70 -85
50 -;0
35" 55
35 -50
33 -45
15 -35 •
• The rates for Special Consultants will be negotiated with the elien: on 2. case-by-case basis.
Hourly rates for depositions and legal teSUiT.OOY will also be negotiated separa~ly.
Labor Charges-; Charges for labor include any tecb.nical or a.dmi.niso: ative w.ork pe:formed
direcdy for the client, induding engineering and geologic eva.!uations as weU a.o; the preparaccn
of project TCpOI't5 and other project related documents. Acr.Jal courly r.l~S depend on t.~e
indhidual assigned to :he project and Oil the na.tu:n: of the indiv1duafs project respcns'-bili::i-:::s,
but will be within. fbe range for their labor category. Hourly !"axes to inci.ud~ all wages, ind:..rect
costs,. geocnl and ad:ministraOvc cxpc:nses., and profit Olarges fo( s.ervices ate in increments of
one-quarter hour. LIme spent in trayel in the interest of the client will be charged a.t the hourly
r:ue except that no mvre tlla."'l eight bo1.ll"S of travel time v..ill be charged in any day_
Direct Costs· Expenses incurred on befialf of !be clieD[. iocluding bot Dot lilr.ited to travel costs,
meals. lodging. telephone charges. printing. binding. graphics. shipping. computer search, mzps
and other project related documents, shall be charged at aema! COst Technical or professional
services furnished by a subcontractor, vvith the ,lien!'l approval, shall be billed at an acrual COst
plus 15% for .adm.i.nistra.tvc costs.. A Field Equipmen[ Usage Rate Schedule is availabie upon
request-
Invokes; Invoices shall be submitted monthly. either as a final orpa.-.ia.l. billing. and are
payable upon receipt Interc:stof 15% per month.. or tJ.\e maximum rare allowed by law, is due
Oil accounts not paid within 30 days.
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SUSAN SAXAJ:I
DB~. URIBE ~ ASSOCIATES
2930 LAKSSRORE AVE., STE t200
OAKLAND, CA 91610
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Etnployet'l t-Jon.e>wnar:.hip
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Own"rs !. Conl~oc~o~ 5cJ 0 Contractual"
E.:~~IO'1 !iI 0 prod1J,"~ ondlor
C(lMplel,",d O?~;Cl":>":'
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CITY OF PALO ALTO
R:ISJ( KANAtl!.R
PO BOX 10250
PA1.0 ALTO. CA 94303
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193Q llk.,hcr' Av."u.~ St. 100
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COM'A"'ES AffORO~GCO
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On1y tb~ named 1ns~~ed can be naned a~ ~dditio~al1y i~sured en
a p~ofe~$iocal liability policy. 30 Gays ccti~~ of c~~cella~ion to apply.
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Attn: Risk M.~.;ar
P.O. So. 1C2S0
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I,,"," by: EXCHANGE
c::.! 10110-CENTU~Y
...,; INSURAI,CE ~OM~ANY
C.rtl!i~l. e:re:cu'o'o;
CERTJFICA TE OF WORKERS COMPENSATION INSURANCE
'~R!e! 'ASSOC!ATES (~CORP)
• ,93C LAAeSi10nE AYF; STE 20C
• OAI<'J.'<O CA 9'+610
AI.L. L.OC .... r~Ns CO\lE~i:O (.x~&p·, ·.r."a~ .c~e{U'Qn:5 ~r. li'le sta!e~ 01 N'~':5,I ... , NO~:M D.a;':c:ll, Cl'do,
Wul,il'1illon. West Vlri~lnla. and W'yOfT'!ln~.,
When ~~<Jnlel'Slqnl!la lJy cur authcnzed rtlprt:5entativB. Inls certificate; .5utl"H$~de5 ar.y )re ... ~ousiy ia~UBd C8r-::j(ca.!es.
It certl£l&, that ~he atO"1 cB~crfbed "ojlCjI of Workera Compen.l.alio1"l Inlurance hd beer; JUU~d to lhe aboI,'I
empl.oyer. This eE:'rt;ficat" or ~.rlne!tlon of inst,uar.ct Is not an lr.surane'9 pOJIcy Irl'1 doe!';: not amen.;:', txt8n.d or
alter t.he ccvoragi afforcad ~y the pojJc~ listed, nO( snalllr'te above d~sc6b(ld polic~ b~ ame;1:jed, extended or
alt&(ed by any rtQ:IJ/remanl , term Qr eendiUon of any oif"ler conlrect or dCClJme!'lt wilh respeoc:t tc: wh!c~ 11'\1, :er~
tHlcate or verlf:catlon Of rnsu:ranc~ may tle issued Of may penain.
h it; agreed l!1at u~n e3:ncellatlon Of' lirmlnation of 1~Q de.s:~r!t;:9d PQfic)' for any (' 'U013:, \Ne · ... ·;:1 gill'3 YC'J t::."'~
d.)l1 n Octi co In writl no;.
cln OF PALO A(.ro
~!S~~
PO BOX 10250
• PALO A(.TO CA 9~:C~
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COMPLIANCE REPORT Non-Discrimination Provisions of Palo Alto
Contracts
,
iMPORTANT
This report must be completed by prime
contractor and each subcontfactor.
Comprete all items unless otherwi!:~
instructed. Use extra sheets if
necessary. SUBMIT ORIGINAL OF TH:S
REPORT DIRECTLY TD:
City of Palo >_lto, ve.bicle ServicE
F.acility ';-J,aste !'-'..i..-u..,.T.:.izatic,n ?rQlj-r~
Project _____________ _
Director of Purchasing Services
Crvic Ce nter
Telephone (510) B32-2233
Name of person preparing form,
person to contact.
250 Hamilton Avenue
Palo Alto, CA 94301 Shirley Trin.'I. r-/a ___ Ext.# ___ _
Circle One: (prime Contractor) -----,--,------
Subcontractor
Part I Comp1ete tr-e Forlowtng;
1. Fun name and address of firm
cr other reporting unit covered --->
by this report.
2. Name and address of principal
official or manager. --.>
3. Name and address of principal
office of company. .._>
4. Name and address of parent
company if an affiliated
corporation.
t'ribe a....c. Asscciates
220 D.lifar:1i~ Street n':'l
Pal:'! alto ... c.-n. 94306
Sylvia Delgado
Uribe and Associates
2930 La};es.'l-tore A\'E_i";',.le #200
Oak1.and, CA 94ti1J
5. Name and address of prime
contractor (complete only if
this is a subcontractor's
report.
---> n/a
6. Signature and tJtle of
authori2ed representative.
BY:
DATE:
Pete Uribe
11-26-91
--,..------.:-~
Part II
1.
Part III
1o~Na
2(£;)NO
Attach a statement of )tOUt company's policy on equal employment
opportunity to all persons without regard 10 race, creed, color, natior.al
origin, or ancestry, and describe what steps have been taken to put this
poricy into effect.
Circle the Proper Answer.
Have you informed company cfficia!s and representatives regarding the
non-discrtmination provisions of City of Palo Alto Contracts?
Have yOIJ exar:1ined your company~s practices rega~ding assignments,
layoffs or tran5fers of your emplDy~es from one job to another for
evidence of a practice or empioyment pattern 1hat might appear to be
discr1minatory and based upon ro2'ce, religion or national origin? Are they
non-discdminatory?
3.~O Do you have educational or training programs sponsored or financed for
the benefit of employees Qr pro:;pective employees.
a.~ How many people participate in these programs?
5 bo_· __ How many are minorities?
4.@NO Does your help wanted advertising state that you are an equal
opportunity employer?
5. Yes No Are any apprentices obtained from sources outside the employer's work
force? If yes, have you circulated information about apprenticeship
openings or opportunities to the fonovving.
@ No Stat~ Emptoyrnent Ofiices
6:SJ r.Jo Newspapers or ether media
__ 0
High Schools, including those in mrnority group areas.
local trade or vocational schools, including those with
minority group students.
Agencies 8;1d(or Q,ganizaticn specializing in minority
employment.
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Yes Q Federal or State apprenticeship representatives,
Who?
Others ___________________ _
6. Yes Q If VOll are a prime contl3ctor have aU subcontractors covered by these
compliance inspection reports been instructed as to lneTr contractual
obligattons rerating to non-discrimir1ation provisions of C!ty of Palo .A.iw
Contracts?
8_
Expfajn not applicable at the present time
Have aJl recruitment sources been advised that all qualified applicant.s
will receive consideration for empfoyment without regard to race, color.
creed or national origin?
Identify {names and addres.ses) the employment agencies, personnel
recruitment organ:zattons. newspaper advert:sing or otr.er non-union
sources from which the company recruits its personnel.
Society of Waren EngineeIS~ Scciet'j' of Black Pro::essiornJ.s,
Society of Hispanic Enq.L.'1-.'"'€rs, ~.atiooal So.;iety of Black Engineers,
State EnplOl"'S"t Developrrent tepaI:tmont
Part IV
1. Yes No Have you a collective bargatnjng agreement wi!.h a labof IJnion or ether
organization? n/a
If yes, speclfy the Union(s) or organization(s)
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2. Yes No Ha'"e you advised the labor union and/or worker organization of the
company's responsibility under the r,on-discrimEnation provisions of City
contracts. r--Ja
3.
n/a
% Approximately what percentage of )lOur employees covered by uniCl-n
agreements are referred by or hired through the ~nrons?
Explain procedure for t1iring ~a\ance. _________ . ____________ _
----------------------
4. Yes No Does the company~s coilect':."e bargafning agreement or other contract
or understanding with a labo( union [or unions) or other worker's
organization include a provision for non--djscrimination in employment?
n/a
,5. Yes No Is there any labor union or worker's organization poncy wh'lch prevents
you from furfiding your obligations under the non-discrimination
provisions of City contracTs? If so, spedfy.~(-:
------------------------
6. Yes No Specify the traders) or crafHs) involved in this contra-::t.
n/.
~------------------
7. Use this space for comment on any 6rlsw€rs you have supplied.
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DATE: __ 1_1_-.. 2 .. 6._-9_1 ________ ,
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RACIAL MAKEUP OF REPORTING UNIT
Project Name' _____________ _ -------------
Contract # not available yet ~1ndicate onl.., foe ITlomhllJ report, No, 3]
Three types of breakdown are required. This farm is used for all three. (Check)
t) ·1· Perman9nt maKeup of {'ompany. ( ) -2-Estir:1ated makeup for this project.
( ) -3-Montt-Jy report for Nove!'rb:>...I 19~_ Submit once per month for dlJration of project.
1 = Permanent. 2 ~stim ate tor project. 3 = Monthly only.
Be sure to indude AI! emp!oY'~es in first column, nat just minod[ies. Nos. 1 and 2 bel.?w are required to be
filled in and submined with c...:omp'iance Report.
JOB CAT ORIES
Menagement
i nat
Total ail
em 10 ~
1 2 3
8 2 2
14 4 4
F
1
2
Q
h~rica~Offi~lc~.L_ __ _t_.~~~+_-f~~. 1 1 4
4 1 Field Supervisc:ar
Skilled -fist
B. Tec.'I-)...~cia.'1 4 0 0 1
mal Black
2 3 1
1 1 0 0_
2 2
0 0 2 0
0 0 0 0
b.-------+--r-r--;--+_~--+_+
3
0
a
a
Asian American Spanish
Am€ri~r:L lridl~n rn me
1 2 3 1 2 3 1-' 2 ~.
2 0 0 0 0 0 1 1 1
--2
0 3
a 0 0 0 0 0 0 0 0
L a Q Jl 1 0 0
0 0 0 a 0 a 1 0 0
c·-----~·_4-r-+-~+-~-r~~~~-~-+--}_+_~_+~--1
d·-----~_4-r·_4--I~~_+_+~~-}_-r~~-+_4__t
Unsknl e!;L:_li~l
a. -------i-
b·--------~--+__r-f4_~····--+_~_+_4-~~_4-+_~-I-_+-j
c. ------------.--~--r__4----~-+~~--+-~
d. ------t
TOTAL OF ABOVE 38 7 7
a. Whit con r
1 b. PrQduction
17 4
12
5 o
4
2 a a
o..l2..~ ..
2 0 0
4
a
This repeft must be completed by contractor and each subcontractor.
1 1 D 0 0 , 2
The term ·Spanish Surnamed" includes an persons of Me.xicen, Puerto Rican, Cuban, Latin Aml"irican or
Spanish origin_
Report onfy employees enrolled in formal on-the-job tlaining programs.
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'0 URIBE & ASSOC[ATF-S ,r'\
Equal Opportunily Policy And AffirmatiYe AdiooPlnn
, .
]1 i'§ the intent and resolve of UnOe & Associates (U&A) to campI)' with the requirerr,enrs and
spirit of the law in the implementlloon of all facets of eq,ual opponuni!y and affumative actic,1.
In the recruitment, selection, trainin.g, utilization, promotion. tl:ITIl1I1aticn. or any orner-personnel
acrion. there will be no discrimination on the basis o(ra.ce, creed, color, religious belief, sex, age,
national origin, ancestry. pb)'sical or mcneal handicap, or vetera.n status. U&A fuUy complies
with all go\'ernmcm requw..mc:nts for setrlng up and carrying lb.."'Ough Affl."'ln.allve Acticn.
policies r~:.<!tc:d tD the prow; ted cIas~s mentionc:d at>ove~
U&A strong1y suppons Equal Opportunity protocols, l! is U&A's policy to sdect the best
qualified person for each position in the organization. No employe-.e of U&A will ruscrimimlle
against an Jpplicant for employment or .;mother U&A em?lo}'tc: because of rac~, creed. color.
religion, sex, natiomJ origin, marital starns, a.xestry, or age. No employee of U&A '.will
discriminate against any applicant cr another U&A emp:~IYcc because of physical or mental
handicap or because of the person's vete",ran statUs. This 1=,oliey applies La all employment
practic(>.5 an d perso~nel ac tions.
It is the responsibility of all !J1..anagers to see :hat IDe company policy of equal opportuniry is
communicated throughout the organization:
L A. written notice o(t'lis policy will be sene to an m3f1dg'!rs, supervisors.., and oilier
employees eng:~ged in employment and training.
2. A copy of our equal opportunity poIic)' wiU berrtaGt: a. .. :ai.lable to anyemployte
upon reque sL
3. The company's policy on equal opportunity will be pos,~d in prominent locations.
Commitment To Affirmative Actiun
U&A has aJopteG an AfflIlnative Action policy whicb essentially means lr,al the company ',l,'ill
-...,aggressively ~ek cut, hire. develop, and promote qualified members ofprOEccted group;
(defined as'rdCliil minorities. women, pnysicaDy or mentally handicapped. disabled veterans,
veterans of the Vietnam Cr.l.. and persons ages of 40 and t,.,.er).
As a minority-owned fmn,. we f.ee! strongly that st.ou1d our minorit.v lIWizatior. fall below
U&A's accepted .s.tandards, we will actively recruit minority employees from such groups as the
Society of \Vomen Engineers, the Society of Black Professionals.. tbe Society of Hispal1ic
Engineers, National Society of Black. Engineers, and the Employment Development Deparunent
Promotion, training and lennination are ba.sed entin:!y on merit
EQChfAC
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