HomeMy WebLinkAbout0402.093July 29, 1993
THE HONOPABLE CITY COUNCIL
Palo Alec, California
Regional
OUtrEach
Water Quality Control
Consultant Agreement
Members of the Co~~cil:
Report in Brief
Plant Water Quality ry,blic
ThiS report requests that Council approve a cne year agreement with
option for two additional years. with Uribe and Associates in the
amount of $110,000, to assist the City of Palo Alto Regional Water
Quality Control Plant (RWQCP) staff with the Water Quality Public
OUtreach Program. Fu.."1ds for the first year have been appropriated
in the Wastewater Treatment Fund IT 1993 ·94 operating budget.
Funding for years two and three is contingent upon Council approve. :
of the budgets for each subsequent year.
~ackgrpund
The dicu:::harge perm.its issuf'!d to the City tor the RH'QCP and t.he
storm drains requ~re the City to implement a public outreach
program to foster pollution prevention by businesses, inst.ituthms
and residents. Enha.'"1.ced public outrea.ch efforts have been underway
within the service area of the RWQCP for app~oximately ~hree years.
These programs hav~ involved small businesses and residents. as
well as traditionally regulated manufacturing facilities. One year
ago, the program ~s amended to include program elements specific
to prevention of storm drain Cas contrasted to BiUlitary sewer)
pollution~ Due to the existence of many common elements, including
the new State mandates for storm drain programs, both are now
included in the wat~r quality public outreach program.
On June 15. 1993. the policy and Services Committee approved the
selection of Uribe and Associates. as the cons~ltant to assist the
City in the Water Quality Public OUtreach Program (CMR: 337:93.
attached), based on their substantial experience in such programs
and their knowledge of the suhject geog-raphic area. Contract
negotiations have been corr.pl~ted, and a Consultant Agreement is now
being submitted to Council for approval~
piscus8jon
The Water Quality Public Outreach Program includes a aeries of fact
eheets, brochures, newsletters, posters, shelf-talkers. door
hangers, newspaper advertisements and other public information
materials. Some pieces will be targeted at all residences, others
targeted at res~dents using particular products or services.
Specific r"'lterials will be targeted at particular businesses J
including these for the upcoming fiscal year:
• Chemical/Product Retail Outlets
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• Pool/Spa/Fountain Maintenance
• Mobile Cleaning Services
• Equipment Rental
• Machine Shops
• Metal Fabrication
• R'!staurants.
• Construction/Paint.ing Acti vitlE'!s
Work initiated in the past several years -... -ill continue for these
businesses and institutions:
• Photcprocessing!X-ray
.. Vehicle Service Facilities
.. Laboratories
• Cooling Tower Maintenance
• pottery Making
Recommendations
Staff recommends that council:
1. Approve and authorize the Mayor to execute the attached
agreement, with options for two additional years, with
Uribe and Associates in the amount of $110.000 in the
first year for the Wate~ Quality Public Outreach Program.
:2. Auchorize the City Manage_r or her designee to no:.gotiate
and execute amendments for services related Lo or
incidental to the scope of work or services. the total
value of which shall not exceed $15,000 du::ring the first
year of the agreement.
3. Aut.horize the City Manager or her designee to, exercise at
her discretion, the options for the second and third
years and execute amendments for eervice r the total value
of which shall riot exceed $15,000 per year for year two
and three, and execute a~y nther documents necessary to
implement. the second ar.:! third years of the agreement.
Respectfully submitted,
(ff;~
Manager. Bnvironmental Compliance Division
GLENN S. ROBERTS
Director of Public Works
~~
Ci t Y Manager
Attachment: Consultant Agreement
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June 10. 1993
THE HONORABLE CITY COUNCIL
Pa1~ Alto, California
Attention: Fclicy and Services Cct:'Lmittee
Water Quality Public Outreach Pl.Qg_:£i3_m _____ .-=----.h..QprovCi.L_Q.LP:msJ,11ta.r~J;_
Selection
Members of the Council!
:Report in Brief
Staff requests that the policy a~~ Services Committee approve the
selection ~f Uribe & Associates as the consultant to assist the
City in the Water Qual i ty Public OUtreach Prog~am aiid direct staff
to negotiate a consultant agreement which will be presented to
Council for approval.
Background
The Regional Water Quality Control Plant (RWQCP) has been
developing and implementing new source control programs fer the
past three years, in efforts to meet stringent standards for
pollutant discharge into the San Francisco Bay. In order to
maximize the effectiveness of these source centrol effor~s, many of
these programs involve small businesses and residents, as well as
traditionally regulated manufacturing facilities. Therefore, a
public outreach program has been used to solicit cooperation in
reducing pollutant discharges tc the sanita~y sewer.
Contractor assistance has been used in the form of a three-year
contract with Kennedy/Jenks Consulcing Engineers. One ye~r ago;
chat contract was amended to include program elements specific to
the preventicn of storm drain (as contrasted to sanitary sewer)
pollution. Due to the existence of many cormnon elements, the new
State mandates for storm drain programs and the economies of scale
of joining the public outreach programs, both are being included in
the Water Quality Public OUtreach Program.
Discussion
The Kennedy/Jenks Consulting Engineers contract will soon expire
after three years of successful oper~tion. A Request for Proposals
was issued on May 17, 1993, to solicit proposals for continuing
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CMR:337:93
program development and irnpler!l1::~ntat.io~.
from the following fir~6:
Gainer & Associates
Ross Campbell
Urib~ & Associates
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Proposals were received
The proposals · .... ere reviewed by two Pub 1 ic Works managers and
intervie~1s were held ..... ith each of the three firms. uribe &:
Associates is being recommended for selection because of their
greater experience in sanitary and stor-m water q1Jality issues and
programs; and because their experience with the Palo Alto water
quality programs will save time and mon-::y as these progra'Tls are
further developed and IT.plemented.
E~cOmmendation
Staff recommends that the Policy and Se::::-vices C'..)mrnittee;
1. direct staff to commenc~ negotiations with the firm cf Urib€
&: AssociateR for consultant services to a53ist the City in the
Water Quality Public Outreach Program;
2. commence negotiations with the: firm of Gainer & Associates~ if
staff fails to reach an agreement with Urib€ &: Associates; and
3. upon successful comp:etion of negotiaticns, return to Council
for approval.
Respectfully submitted~
PHILIP BOBEL
Manager~ Environmental compliance Divisicr:
GLENN S. ROBERTS
Director of Public works
City Manager
CMR:337:93
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A G R B E M B N T
1'Oll.
PROFESSIONAL E!NGlBEBRING CONSULTANT SERVICES
BB'l'WEIIN rD CITY 01' PALO ALTO AlII>
IJRZBE .. ASS;)CIAns
THIS AGREEMENT is made and entered into this day of
, 1993~ by and between the CITY OF P~O ALTO" a
=1I'.::-un=1'· c=>"i=pac:";lC--=c-=o::rp=oration of Califoruia, hereinafter referred to as
RCITY,· and URIBE & ASSOCIATES (Taxpayer Identification
No. 68-OO.l703} I a California corporation, with offices at 2930
Lakeshore Avenue, Suite 200. Oakland, CA 94610 hereinafter referred
to as • CONSULTANT" j
• I "J N E 5 S E 'I' __ ~:
WHEREAS, CIT': desires certain professional consultant
services hereinafter described; and
WHEREAS, CITY desires to engage CONSULTANT to provide
these services by reason of its qualifications and experience for
performing such services, and CONSULTANT has offered to provide the
re~~ired services on the terws and in the manner set forth herein;
NOW~ THEREFORE, in consideration of their mutual
covenants, the parties hereto agree as follcws!
SECTION 1 -DBFINIT~HS
1.1 gn
The term "City· sr..all mean the City of Palo Alto,
california4
1. • 2 CITY MANAGBR
The term RCity Manager-shall mear. the duly appointed
City Manager of the City of Palo ~tOI cali!0rnia~ or his or her
designated representative.
1.3 s::LT:! A'I"!'ORNEY.
The term -City Attorney~ shall mean the duly appointed
City Attorney of the City of Pa~.o Alto, California, or his or her
designated representative4
1. 4 CITY CLERK
The tem. RCity Clerk-shall mean the duly appointed
Clerk of the City of Palo Alto, Cali fomia, or his or
designated representative.
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1.5 RISK MANAGER
The term ·Risk Manager~ shall mean the duly appointed
Risk Manager ot the City of Palo AltO, California, or his or her
designated representative.
The term "Project' shall mean the services and
impr~vements~ if anYr described in Exhibit "A" entitled "Scope of
Project and Time Schedule" attached hereto and made a part hereof
by this reference.
SECT TON 2 PROJECT COORDINATION
The City Manager shall be representative of CITY for all
purposes under this Agreement. Phil Bobel is designated as the
proj ect: Manager for the City PJf..anager ~ and shall supe.n..-ise the
progress and execution of this Ag~eement, and shall be assisted by
Kelly Moran, the Project Engineer~
2.2 l.&l!'lULTANI
CONSULTANT shall assign a single Project Director to have
overa~.l responsibility for the progress and execution of this
Agreement for CONSULTANT. Geoff Brosseau hereby is deSignated. as
the Project Director for CONSULTANT and as Project Coordinator for
CONSULTANT and shall represent CONSULTANT during the day-to-day
work on the Project __ Should circumstances or conditions subsequent
to the execution of this Agreement require a subEl-titute project
Director or Project Coordinator for any reason the Project Director
or project. Coordinator designee shall be subject to the prior
wriLten approval of the Project Engineer.
SBCTION 3 -SCOPE OF PROJECT
The scope of the Proj ect to be executed by CONSULTANT
under the phases of the Basic Services described in Section 4.1 of
this Agreement is d~scribed in Exhibit ·A·.
BE eTrW 4 -mITrES OF CONS UL TAm
4.1 BASIC SERVICES
Unless otherwise indicated I CONSUJJTANT sball perform each
task and ac~amplish each objective described in the study pla~s
summarized and mere parti~ularly descriced in Exhibit ~Aw.
CONSULTANT I s Basic Services shall be furnished as described in
Ex..llibi t "A".
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4.2 ~ERAL DUTIES OF CONSULTANT
4.2.1 CONSULTANT represents that it is qualified to
furnish the services described under this Agreement. CONSULTANT
further der.lares that one or more members or employees of its firm
and that of it~ suOconsultants. if any, are licensed by the State
of Ccllifo:...nia to perform their services and troat these services
~i21 be perf~~.ed by the=. c= "..!~de!" the:.'i..r s'J.per':!isi::l"n. CONSULTA..~
st'..all furnish to CITY for approval, prior to execution of this
Agreement, a list of all firms or co:;:porations to be employed as
subconsultantso
4.2.2 CONSULTANT states t:hat it is aware of the
requirements of the federal Americans with Disabilities Act of
1990, 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 shall ccm~ly with such p~ovisions in carrying out the
te~~ of this Ag~c~£~t~
4.2.3 CONSULTANT shall fu~nish CITY with every
reasona:ole opportunity for CITY to ascertain that the services of
CONSULTANT are being performed in ac~ordance with the Iequirements
~d intentions of this Agreement.
SECTION 5 -PUTIBS OF CITY
5.1 CITY shall provide full infor~"tlation regarding its
req~irements for the Project.
S.2 CITY shall examine documents submitted by CONSULTANT and
shall render decisions pertaining tt.ereto promptly, to avoid
unreasonable delay in the progress of CONSUL'rA."IT's work.
5.3 The services I information, surveys and reports required
by paragraph 5.1 shall be furntshed at CITY's expense r and
CONSULTANT shall be entitled to rely upon the accura,:y t.hereof.
5.4 If CITY observes or ctherwise becomes aware of any fault
or defect in the Project or nonconformance with the contract
documents, CITY shall give prompt written notice th~reof to
CONSULTANT.
5.5 CITY shall furnlsh infonration required by CONSULTANT as
expeditiously as possible.
SECTION 6 . PAYMENT
Payment shall be made by CITY only for services rendered
and ~ithin thirty (30) days of submission in triplicate of monthly
progress payment requests. Each invoice shall be itemized as to
the type of payment des~ribed in this section.
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64 1 CONSULTANT' S FBBS
In con8ide~ation for the full performance of the Basic
Services and reimbursable expenses described in Section 4.1 of this
Agreement, CI'I'Y agre.:!9 to pay CONSUl·TAN'! a fee not to exceed onE
hundred ten thousand dollars ($110,000) for the Study.
The amount of CONSULTANT's compensation shall be
calc<J.lated as set forth in Exhibit IrBI, Standard Fee Sched"lJle j
attached hereto, on a time and materials basis, up t.o the maximum
amount set forth in this paragraph 6.1.
6.1.:l Subconsultants. Fees fer subconsultants, hired
directly by CONSULTANT, shall be approved by CITY in advance of
incurring such fees.
6.1.2 For Extra Work or Changes. Payment fer extra
work or changes in the worle: not initiated by the CONSULTANT and
a,lIt""hor; '7.e>r1 in writ i1"lg by th!:! PRI)..JECT ~INEER shall be made up0::!.
submission by CONSULTANT of a statement in triplicate of itemized
costs covering such work. Prior to comnencing such extra work or
changes I CONSULTANT and CITY shall agree upon an estimated nat-to
exceed cost far such extra work. In no event shall CONSULT~~ be
paid for design work or change order preparatio~ which is necessary
because of CONSULTANT's errors or oversights.
6.1.:; calculatJon 9f Direct Personnel Expe1l.U,.
Direct personnel expense of employees engaged on the Project by
CONSL~T~~ includes the work of architects, engineers, designers I
job captains. draftspersons, specification writers and typists l in
consultation, research and design, in producing drawilJ.gs,
specifications and other documents pertaining to the Project. and
in services during construction at the site. Included in the cost
of direct personnel expense of these employees are salaries and
mandatory and customary benefits such as statutory employee
benefits; insurancE, sick leave, holidays and vacations, penSions
and similar benefits.
6.2 PAYMENT SCHEDULE
6.2.1
Services shall be
services performed
For Basic Services. Payments for Basic
made in progress payments in prcportion to
in accordance with Exhibit -8".
Final payment shall be made by CITY after CONSULTANT has
submitted all required products and reports and receiv~d approval
thereon.
6.2.2 peductions.
CONSULTANT1s compensation on
damages, or other surr~ withheld
No deductions shall be made from
account of penalty, liquidated
from payments to contractors.
Project.
6.2. 3 !'..~m_E;:_p,_t;:._ Upon S~e_p_$ion or AbandQnme~t
If the Proj ect is suspended for more than three
of
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months or abandoned in whole or in ~art. CONSULTANT shall be paid
its compensation for services performed prior to receipt of written
notice from CITY of such suspension or abandonment. together with
additional and reimbu~8able expenses then due. If the Project is
resumed after being suspended for more than sixty (60) days, any
change in CONSUL~~~'S compensation shall be subject to renegotia
tion and. if necessa~, approval by the Palo ~to City Council. If
this Agreement is suspended or terminated for fault of CONSU~TANT,
CITY shall be obligated to compensate CONSULTANT only for that
portion of CONSULTANT's services which are of benefit to CITY. as
such determination may be made by the City Manager in the
reasonabl~ exercise of his or her discretion.
SECTION 7 -PROGRESS AND COMPLET..IQ~
7.1 TERM OF AGREEMEN"l'
The initial tenn of this Agreement is 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 CONSULTAl-.'"T's services. CITY may renew this
Agreement "With CONSULTANT on an annual basis for up to two (2)
additional years following the first year of the Agrea~ent. The
renewal of the Agreement is subj ect to whether CONS1JIJTJI.J:IT's
performance under the Agreement is satisfactory to CITY and whether
the Palo Alto City Council appropriates funas for the Agre~~nt for
each of the subsequent two (2) years of the term. Prior to the
renewal or this Agreement, CITY and CONSULTANT shall negotiate a
mutually acceptable escal~,tion 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
Agreement shall not be renewed.
7.2 TIME OF COMPLETION OF EACH PHASE
CONSULT,ANT agree-s to perform the phased services within
the time limits set fOLth in KL~ibit ·A· provided, however, that
any change in the scope of services or other changes due to CITY's
operating requirements~ or in connection with other contractors or
consultants operations. may require a revised time table.
crTY agrees t.o exercise d"ue diligence in performing its
tasks t.o implement CONSULTANT's time table.
7.3 CITY'S REVIEW AND APPROVAL
Between each phase of work there is a review and approval
period by CITY. CITY shal: exercise: due diligence to complete
these tasks; however. it-is recognized lhat the interrelated
exchange of information among CITYTs various departments makes it
impossible to set a specific time schedule. Normally. CrTY's
estimated period of review and approval will be furnished to
CONSULTANT at the time of submis~i~~ of each phase of work.
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'.4 EXTENSION OF 71MB OF COMPLETION
In the event the services called for under this Agreement
are not completed by CONSULT~~ within the time 9p~cified, C!TY
shall have the option to extend the time af completion. This
paragraph does not preclude the recovery of damages for delay of
either party.
SECTION e -CHANGES IN WORK
CITY may order major changes in scope or character cf
work, either decreasing or increasing the amount of CONSu~TANT's
services. In the event that auch changes a.re ordered, CONSULTANT
shall be entitled to full compensation for all '.mrk performed prior
to receipt of notice of change. Increased compensation for major
changes shall be determdned in accordance with Section 6 of the
. Agreement, but in no event shall CITY be liabl€ for payment unless
the amount of such extra compensa~ion shall first have been agreed
to in writing by CITY.
In the 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
negotiation between CONSULTANT and CITY, subject to approval, if
necessary by the Palo Alto City Council.
SBCTION 9 -TERMINATION OR SUSPBNSION OF AGREEME~~
9.1 CJL~CELLATIQN BY CONSULTANT
CONsrrLTANT may termdnate this Agreement or suspend work
on the Project upon thirty t30} days' writtpn notice to CITY~ but
only in the event of substantial failu.re of performance by CITY or
in the event CITY abandons or indefinitely postpones the Project_
9.2 CANCELLATION BY CITY
Without: limitation to such rights or remedies as CITY
shall otherwi~e have by law, CITY shall have the right to ter.minate
this Agreement or suspend work on the Project with or without
cause~ upon fifteen (15) days' written notice: to CONSULTANT, or
immediately after submission to CITY by CONSULTANT of any completed
item of service specified in Section 4 of this Agreement.
CONSULTANT agrees to cease all work. under this Agreement upon
receipt of said written notice.
9.3 COMPENSATIQ~~F CONSULTANT IN THE
EVENT OF TERMINATION OF THIS AGREEMENT
In the event of termination of this Agreement or
suspension of work on the Project by either CITY or CONSULTANT 1
CONSULTANT shall receive compensation as follows:
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9.3.1 For approved ite~~ of service under Section 4
of this A9reement~ compensation shall be in the amount outlined
under Sect.ion 6 of this Agreement for the items of service fully
performed by CONSULT~-r.
9.3.2 For ite..'1lS of service on which a not.ice to
proceed has been issued by CIT'.t", but which have not been fully
completed and approved.. CONSULTANT shall be compeneated for the
service in an amount which bears the same ratio to the total fee
otherwise payable for the performance of the service as che sErvice
actually 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 compensation paid
in the immediately preceding paragraphs exceed the payment
specified in Section 6 for· the respective items cf service to be
fu~nished by CONSULTANT.
9.3.4 Notwithstanding anything in the preceding
paragraphs, upon termination for fault of CONSULTk~~, CITY shall be
ob~.igated to pay for only that portion of the sel"'\iice which can be
incorporated in the Project.
9.4 DUTIES OF CTTY AND CONSULTANT
Upon termination of this Agreement or Buspension of work
on tbe project by either CITY or CONSULT.ANT. all duties of CITY and
CON~TANT, as set forth in Sections 4 and 5 hEreinabove~ shall
terminate.
SECfION 10 • CONSULTANT' S ACCOUNT..IN(i.~"£
Records of the following exper..ses pertaining to the
Project shall be kept by CONSUL'I'A."IT in accordance with generally
recognized acccunting principles and shall be made available to
CITY at mutually cO::1venient times during the term of this Agreement
and for three {3) years follDving tha termination of this
Agreement;
10 . .1 Direct personnel expenses~ including consultant expenses.
(See Section 6 of this Agreement.)
lO~2 Exp~nses pertai:r;.ing to Additional Services~ (See Section
6 of this Agreement.)
£llC"rIQN 11 • OWNERSHIP.QF DOCUMENTS
11.1 ~WNERSHIP OF QRIGINAL DOCllMENTS
Subject to the prOvisions of Paragraph 11.2 bel.ow~ the
original drawings. maps, plans r designs. records of survey; work
data; specifications. and other documents prepared by CONSULTANT in
the performance of this Agreement, although instruments of
professional service; are and shall be the property of CITY whether
the Project for'which they are made is executed or not.
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11.:2 TRA.."~'SfBR TO CITY
Upon termination unuer Section 9 of this A9reelm~I.':. and
upon CITY's payment of the amount required to be paid under same
section. the originals and all drawings, calculations.
specifications and similar documents become the property of CITY,
and CONSULTANT shall trans"!er them to CITY upon request witho ..... t:
additional compenBation~ CITY' shall have the right to utilize any
completed or uncompleted drawings~ estimates .. specifications l and
otfier documents prepared hereunder by CONSULTANT.
.SECTION 12 INTEREST OF CONSULTANT; CONSULTANT
INDEPENDENT OF CITY
In accepting this Agreement, CONSULTANT covenants that it
presently has DC interest/ and shall not acquire any interest,
direct or indirect, financial or otherwise, weich would conflict in
any manner or degree with the perforrrance of the services hEre
under. CONSULTANT further covenants that, in the performance of
this Agreement l no subcontractor or person having such an iatere5~
sr~ll be employed. CONSL~TANT certifies that no one who has or
will have any fin~~cial inter~9t under this Agreement is an officer
or employee of CITY.
It is e>""Pressly agreed that in the pertormance of the
professional servi.ces required under this Agreement CONSULTANT$ and
any of its subconsultants or e:nployees, shall at all times be
considered independent contractors and not agents or employees of
CITY.
SECTION 13 -OUTSIDE CONSULTANTS
CONSULTANT shall be responsible for employing all outside
consultants (subcoDSultaTlts) necessary to aid CONSULTA}.;--r in the
performance of the services listed in Section 4 of this Agreement;
provided, however, that all such subconsultancs shall r~ceive prior
approval of CITY in ·~iting and ~hall remain acceptable to CITY
during tr,e term of this Agreement.
SROtON 14 -INDEMNITY
CCNSULTAh~ agrees to protect~ indemnify~ defend and hold
harmless CITY, its Council members, officers, agents and ~~ployees
from any and all de!foands I claims~ or liability of any nature,
including death or injury to any person, property damage or any
other loss, caused by or arising out of CONSULTANT's, its
officers', agents'~ subcontractors' or employees' negligent acts,
errors, or omissions, or willful misconduct, or conduct for which
the law may impose strict liability on CONSu~TANT in the
performance of or failure to perform its obligations under this
Agreement.
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SECTION 15 -INSUC~CE
) 5 . 1 IN,,(:URANCE CQ~
CONSULTANT. at its sole ccst and expense, ~hall obtain
and maintain, in tull torce and effect thrO"-.1g.i.wut the entire term
of this Agreement, the insurance coverage described in Ex..'I)ibit nc·,
attached hereto and made a part her~of br tr..is reference, insuring
not only CONSULTANT and its subcontractors, if any. but also, with
the exception of workers' compensation, employer's liability~ and
prot'essional liability insurance, naming as additional insureds
CITY, council members. its officers, agents and employees, and each
of them, with respect to activities and .serv=--ces perfOTIn2d by
CONSULTk~ for or on behalf of CITY under the provisions of this
Agreement. .
~5 . 2 BVIDBN..QE.... OF INSURANCE
Certificates of such in~urancer preferably on the for.ms
provided by CITY, shall be filed with CITY concurrently with the
execution of this Agreement~ The certificates shall he subject to
the approval of the Risk Manager and shall contain an endorsement
stating that the insurance is primary coverage and will not be
cancelled or altered by the insurer except after filing ~ith the
City Clerk thirty {30) days' prior written notice of such
cancellation or alteratioo r and that the City of Palo ~to is ~~~ed
as an additional insured except in policies of workers'
compensation, employer's liability. and professional liability
insurance ~ Current certificates of such insurance shall be kept on
file at all times during the term of this Agreement with the City
Clerk.
SB..C'I'ION 16 -CORRBCTION OF ANY ERRQRS. OMISSIONS. AND
AMBIGUITIBS IN CONTRAC'r DOCUMENTS
Any err-OIS, omissions, or ambiguities in. the contract
documents whi=h are discovered before the Project is invited for
bid shall be corrected by CONSULTANT without cost to CITY.
CONSULTANT services required to :make ci'.anges in construction
resulting from errors, omissions, or ambiguities in the coutract
documents which are discovered after the contract is awarded shall
be performed by CONSULTANT without cost to CITY c.:only insofar as
they r~sult in unnecessary or non-beneficial changes in
construction. CONSULTANT services required to make changes in
construction resulting from errors, omissions. or ambiguities to
the contract documents which are discov~red after the contract is
awarded shall be performed by CONSULTANT and shall be paid for by
CITY only insofar as they add benefit to the construction work.
SECTION 17 -WORKERS.' COMPENSATION
CONSULTANT. by executing this Agreement, certifies that
it is aware of the provisions of the Labor Code of the State of
California which require every e.'11ployer to he insured against
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liability for workers' compensation or to undertake self· insurance
in accordance with the provisions of that Code, and certifies t~at
it will comply with such provieions b~fore commencing the
performance of the work of this Agreement +
SECTION 16 -AUDITS
CONSULTANT agrees to permit CITY to au.dit, at any
reasonable time during the term of this Agreement and for three (3)
years thereafter, CONSULT~~'s records pertai~ing to ~a~ters
covered by this Agreement. CONSULTANT further agrees to maintain
such records for at least three (3) years after the term of this
Agreement..
SBCTION 1~ -AGR?SMENT BINDING
The terms r covenants, and conditions of this Agreement
shall apply to~ and shall bind, the heirs, successors, execu!ors,
administrators, assigns, and subc·:mtractors, as the ~ase may be, of
both parties.
SECTION 20 -NONA$SIGNABILITY
20.1 PERSONAL SBRVICES OF CONSULTANT
Both parties hereto recognize that this Agreement is for
the personal services of CONSULTANT and cannot be transferred,
assigned or subcontracted by CONSULTAl-owr without the prior written
consent of CITY.
20.2 SERVICES OF SUBCONSULTANT AND THEIR EMPLOYEES
CONSULTANT shall be responsible for ~-nploying or engaging
all persons neCEssary to perforro" the services of CONSULT~~
hereunder. No subconsultant of CONSULTANT ~~ll be recognized by
CITY as such; rather, all subconsultants are deemed to be ~mployees
of CONSULTANT, and it agreea to be responsible for ~heir
performance. CONSULT~~ shall give its personal attention to the
fulfillment of the provisions of this Agreement by all of its
employees and sub-consultants r 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 incompetent or to act in a disorderly or improper
manner, he or she shall be discharged ilrmediately from the work
UDder this Agreement on demand of CITY.
SECTrON 21 -RELIANCB UPON PROFESSIONAL SKILL OF
CONSULTIIIIT
It is mutually understood and agreed by and between the
parties hereto that CONSULTANT is skilled in the professional
calling neces~~ry to perform the work agreed to be done hereunder
and that CITY relies upon the skill of CONSULTANT to do and perform
the work in the most skillful manner. and CONSULTANT agrees to thus
10
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perfor.m the work. The acceptance of CONSULTANT~S work by CITY does
Dot operate as a release of CONSULTANT from the obligation.
S E CTlON 22 -WAIVERS
The waiver by either party of any breach or violation of
any term, covenanL or condi.tion of this Agreerr.ent or of aily
provision, ordinance, or law shall not be deemed to be a walver of
any other term, covenant, condition, ordinance. or law or of any
subsequent breach or violation of the same or of any other term,
cover-ant. condition i ordinance, or law. The subsequent acceptance
by either party of any fee or (.'I't:her money which may become due
hereunder shall not be deemed to be a waiv~r of any preceding
breach or violation by the other party of any term. covenant, or
condition of this ~greement or of any applicable law or ordinance.
SECTION 22 • NO IMPLIED ~TVER
No payment, partial payment, acceptance~ or partial
acceptance by CITY shall operate as a waiver on the part of CITY of
any of its rights under this Agreement.
SBCTION 24 -COSTS AND ATTORNEYS' FEES
The preyailing party in any action brought to enforce the
terms of this Agreement or arising out of this Agreement may
recover its reasonable costs and attorney's fees expended in
connection with such an action from t~e other party_
SECTION 25 • NONPISCRTIMINATION; PENALTY
25 . ~ =Jlf CONSULTANT
No discrimination shall be .:!'..3.1e in the employment of
persons under this Agreement f'\ecause of the age, race, color,
national origin~ ancestry, religion, diSability, sexual pref~rence
or sex of such person. If the value of this Agreement is, or may
be, Five Tho· .. sand Dollars {S5,000) or more, CONSULTANT agrees to
meet all requirements of the Palo Alto MUnicipal Code pertaining to
nondiscrimination in employw~nt, including completing the
IICompliance RepoI't --Nondiscrimination provisions of City of Palo
Alto Contracts· on the form furnished by CITY, attached hereto as
Exhibit "DII and made a part h~reof by this reference.
CONSULTANT agrees that each agreement for services from
independent providers shall contain a provision substantially as
follows:
IIProvider 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 employment; that he (or
she) will pursue an affirm'3.tive course of action as
required by the Affirmative Action Guidelines of the City
of Palo ~to; and that he (or she) will not discriminate
•
I
J
~ . ..., o
in the employment of any person under this contract
because of age, race. color, national origin. ancestry,
sex or religion, disability or sexual preference of such
person .•
25.2 PENN,TY FOR DISCRIMINATION
If CONSUL'l'ANT 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 performa."1ce of this Asreement, ic. shall
thereby he found in material breach of this Agreement. Thereupon,
CITY s~~ll have the power to cancel or suspend this Agreement, in
whole or in part, or to deduct from the amount payable to
CONSULTANT the sum of Twenty-Five Dollars ($25) for each person for
each calendar day during· which such person was discriminated
a9"ainst, as damages fc·r said breach of contract, or both. Only a
finding of the State of California Fair Employment Practices
Commission or the eqttivalent federal agency or officer shall
cOnBtitute evidence of a violation of contract under this section.
If CONSu~T~ is found in violation of the
nondiscrimination proviSions of this Agreement or the applicable
affir.mative action guidelines pertaining to this A9"reement,
CONSULTANT shall be found in material breach of this Agreement.
Th.ereupolli CITY' shall have the power to cancel or suspend this
Agreement, in whole or in parti or to deduct from the amou.'l'lt
payable to CONSULTA.."'lT the sum of Two Hundred Pifty Dollars ($250)
for each calendar day during which CONSULTA..'1'I' is found to have been
in such noncompliance as damages for breach of contract. or both.
SECTION 26 -ARBITRATION
Upon agreeme~t of the parties any controversy or claim
arising, out of or relating to this Agreement ~.ay be settled by
arbit~tion in accordance with the Rules of the American
Arbitration Association i and judgment upon the award rendered by
the Arbitrators may be entered in any court havi:r..g jurisdiction
thereof.
SECTION 27 -NOTICES
All notices hereunder shall be given ~n writincr and
mailed, postage prepaid, by certified mail, addressed as foliows:
To CITY: Office of the City Clerk
Post Office Box 10250
Palo Alto, CA 94303
To CONSULTANT: Attention of the project Director
at the address of CONSULTANT recited above
12
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SECTION 28 -ALL .CQ'>'llli-M'1'~A.Ri CONDITIONS
All provisions of this Agreezaent are expressly made
conditions.
SECTION 29 -AGR5eME;N7 01N'IAINS ALL
UNpRRSTMfdTNGS' kMENPMENT
This document represents the entire and int~grated
agreement b'2'tween CITY and CONSULTANT and supersedes all prior
negotiations$ repreecntations, and agreements, either written or
oral.
ThiB dccument may be arr.ended only by written instrument,
signed by both CITY and CONScLTANT.
$lZCTION 30 -GOVfRNING LAW
This Agreement s~~ll be governed by the laws of the State
of california.
:IN WTTh"ESS WHEREOF, the parties hereto have executed this
Agreement the day and year first above written.
City Clerk
APPROVED AS TO FOPH,
senior Asst. City Attorney
APPROVED:
City Manager
Director of Finar,ce
Director of Public Works
Risk Manager
Attachments:
EXHIBIT • A" :
EXHIBIT liB"':
EXHIBIT "e·:
EXHIBIT "D"!
CITY OF PALO ALTO
lJ'..ayor
CRIBB & ASSOCIATES
By,c2
Its: ?"U.",....-..vT
Taxpayer :.D. No. 6S-0103703
SCOPB OF PROJECT & TIME SCHEDULE
RATE SCHEDULB & PAYMENT SCHEDUL8
INSURANCE
NO!IDISCRr~JNATION COMPLIANCE FORM
13
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ExhlbitA
WATER QUAUTY PUBUC OUTREACH PR(x;RAM
BASIC SERVICES
The Srope of Work is divl<!ed into the following task areas:
Task 1 Genera! Public Outreach (r~sidential)
Task 2 Business/Institutional Outreach
Task 3 Education Programs
Task 4 Coordination with Other Age."\cies and City Departments
Task 5 Mlscellaneous/ Administr.tion
Task 6 Project management
The foUowing matrix provides a detailed Jist of tasks 1 through 5 and related products:
TASK ACFIVlTIES PRODUCTS HOURS PRODUCT
COSTS
1.0 GENEKAL PUBUC OUTREACH (RESIDENTIAL) 3 utility bill 30 I
stuffers, garbage I bill inserts, etc.
I
----
1.1 Assure completion of "Talking to
1
40
Contractors" brochure Insert in P.A. I $1,5OiJ WeekJy
1.2 Develop and imf.lement an outreach ' 1 doorhanger I~\) f-;~!"g.m 'M _ .... M .~"."", I brochure for 6G
uildings rngrs, parking 300
area signage
1.3 Pursue development and implementation of 1 brochure 20
I regional control program for cnpper-based
root control chemicals -------
1.4 Coordinate RWQCP and SOP participation
1
10
in events~ fairs, etc. sponsored by agenaes
and businesses
1.5 Prepare and pur;:. ... .., display advertising as 1 large ad in 2 10 2,500
required newspapers
' .. -
..
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~.1 .
1 TASK I ACTIVITIES __ " ___ --'I PRODU~~_ I HOURS 1 ~~Sucr I
2-0 BUSINESSIIN;;rrnmONA.t O!JTREACH
(includes development of incentive
prograrr>s (or businesses and business trP"s)
2.1 Develop program to prepare busL'less
owners to deal with service providers
(janitorial services, sidewalk cleaners,
exrerior building cleaners, mobile food
services, etc.)
Develop mailing list
1 brochure
I Develop program to educate pool/spa! 2 brochures
fountain maintenance bU5in~ses and their
customers .
2.2
40
10
40
1,000
I
I
1,000 I (reg")
I f---t
l E>ev~~ mailing list I'
2"3 Devel<>p EMP communications 2 brochures ' 40 11,000
plan/program for commercial trude:-,(reg.)
mounted carpet cleaners and their I
customers I ~_-t_D_eV_e1_0~p~m_ailin_._.~g~li_"S_! ________ ~ _____ ~10~1
2-4 Develop BMP communications 1 manuali 20 NPS
2.5
plan/program for maclUne sbops brochure I ~ ::; .1 40 " ___ 1
5001500
-__ ,
I Develop B:MP communications
plan/program fur metal fabricating
facilities
brochure
2-6 Develop comprehensive ou,"each/8MP I
ordinamoe program for food handling
establishments, targeting managers,
employees, patrons (Assist with materials
production)
Develop mitiling list
2.7 Develop Bl><lP communications
plan/program for hospitals
1 checkJist ! 10
3 b",ochureo:,
.collateral
materials;
1 Spanish
tran.sla tion
1 newsletter
2manuals
(technicians,
support staff)
20
NPS
30
10
40
1 Spanish
transiation I
,-_2-_8_
L
w_n_·t_e,_p_r_e_p_il!l!_,_an_d_p_r_oVl_·_d_e_n_e_w_.s_1_e_ttl!_r_fo_r_...Ll_n_e_w_sl_e_tt_e __ "_"J' .. 30 ..... _ _ vehicle service facilities _
I ~-~
---
o
LIT __ AS_K~i_A_cn __ Vl __ TI_~ ________________________ ~I_PR __ O_D_U_CT __ S ____ ~I __ HOURS __ L-______ '~
3.0 EDUCATION PROGRAMS
3.1 RWQCP educ.tion programs 110 factsheets 10
1 video
1
20 10,000
1 display 10 500
3.2 Continue to devdop and unplement 1 postcard 6 2,000
elementary school program related to storm 1 button 2,000
drain protection,. SQurC"e [eduction~ and (reprint)
waste minimization, usIng the SDP raccoon I classroom 12 500
mascot" UFlON . materials
I Revise raccoon 500
i head i I
3.::; Assist in producticm of B~fi' materials 11 brochure 15 related to-stud,,, .rtI craft class.. and
facilities ------_._-------._----". __ ._---,
4.0 COLLABORATION/COORDiNATION WIlli ,
I OlliER AGENOES AND CITY OEP'.RTMENTS
4.1 Represent Envirorunental Compliance 66
Division and SDP at meetings of regional
I agencies and groups such as the Santa Clara
ValIey NonpoInt Source Pollution Control
I Program, Regional Water Quality Control
Board, Bay Area Stormwater Management I
Authorities Association, Northern CalifornIa
Hazardous Waste Information Exchange I
4.2 Serve on the Public Wonnation/ I
1
150
Participation Subcommittee of the Santa I I
Clara ValI~y Nonpoin! Source Poilution
I Control Pr('gram and on program Task
Groups
4.3 Serve on a regional public information/ I 24 I participation committl."e for PO"rw reps"
I analogous to above
4.4 Coordinate outreach activities wiL" City of I 35 I Palo Alto departments and Environmental
Action Group t
--------------~------------------------------------------.------------
4.5 Hold neighborhood meetings for business"" I 20 l coordinated with other city programs
\
. ~.'
__________ -JI_PRODUCTS
4.5
other public and private environmental
.; .. ' .
..,--:
."<~?,;'
I HOURS
1
I PRODUCT I COSTS
Network with and collect materi.als froil' 5 J ~
. asencies r--t--''---------.-.---------..... -.. -.... ------
5.0 MISCELLAN.!~~_SJ_A_D_M_._IN_l_sTRA ___ n __ o_N_ .1
1
__ t I
5.1 Media relati DOS
r-5-.1-.+U-pd--a-te--p-ress---lls-· -t -pe-,.,-. odj--·-Call--y------+:-------· 4 ---t=--
S.lb
5.2
5.3
5.4
5.5
5.5
5.7
5.S
Prepare press releases as_re"'q:..WI_·_ed _____ ·
T
t-13 press releases 16 I __ .. '
Assist in planning and holding Metals 13@4 hrs ea. 12 I
Advisory Group me€tings .
Develop work plan work plan Is _ . .1
DevelopCity employee stormw.te, fact
sheet! checklist 1
40
Monthly reportingfgeneral administration 4'l
Annual reporting 8
Telephone expenses $800
Mileage expenses $200
TOTAlS Tasks 1 through 5 $1,000 expo m $27,300
o EXHIBITS
URmE & ASSOCIATES o
Bll.LING RATES
The follol>ing is. list ofU&A's time and materials billing rares. This schedoie of charges has
been in effect since July, 1991 far all time and material, work being perfarmed by U&A.
LaWCaJ~ries._
Principa.I
Sr Auo<; Engineer/Geolagist/Hydrogealaglst
Senior Associate pjanner
Senior Geologist/Hydzogeolagist
Senior Engineer/Scientist
Senior Planner/Project Manager
Geologistil
Geologist I
EogineerTI
Engineer !
Scientisl/Planner IT
Scientisl/Pianner I
Tecbnician!Pianner
Tecbnical Editor
Research Assistant
Production Assistant
Special Consultant
_ ____ .i:1Qurlv Rat! ($)
105·130
90 -100
80 -90
85 -95
85·95
80 -95
70 . 8:5
55 -70
70·85
55 ·70
70·85
50 -70
35 -55
35·50
35 -45
25 -35 •
• The ratc:s fQl' Special Consultants will be negotiated with the diem on a case-by-case basis.
Hourly rates for depositions and legal testimony will also be negoti:ued S'l'a.-ately.
I.ghar Cbarges; Charges for labor bc1ude any rechnlca1 or adII'Jnistrative work: perfo:i!lw:l
directly for the client. including engineering and geologic evaluations as well as the preparatian
of project reportS and other project relared documents. AcmaI bourly rates depend on l~e
individual assigned to the project and 00. th~ nature of t.~e individual's project responsibilities,
. bu[ "Will be within ~e range for their iabor category. Hourly rates [0 incbde all wages. irufuect
COS1$, genaaI and"1:.dmirustrative expenses.. and. profit. Qw-ges for services an: in increments of
O!Ie-qnarter hon;. Time spent in lI1lVei in the interesl of the client will be charged at tho boorly
rate except that no more than eight hours of travel time will be charged in any day.
Direct Costs; Expenses incurred on behalf of the diem. i.1cluding but not limited to travel co!:>'tS,
=!s,lodging. telepbone charges, printing. binding. graphics. shipping, computer search, maps
and other project related docwnents. sha.ll be charged ac actual cost. Technical or professional
services furnishro by a StlbconttaCtOr, with the client's approval. sball be billed at an actual cast
plus~or admin.istr.uive coSts. A Field Equipment U ~ge Rzte Schedule ~s available upon
request. 8.,. "'-7/., /v
Invoices~ Invoices shall be submitted monthly. eilher as a final or partial billing, and ~.!"-e
payable upon receipt . Interest of 1.5% per month, or the maximum rate allowed by law, is due
on accounts net paid within 30 days.
OE; ... .LEV. RENT04 I: USCC.
10a 0. II: s:~ ".1
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C.kl."~, CA "'04-2871
•
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EXHIBITC
I ,~a""'I!I'5-3CIO
i • ,
LSr ib. II "' •• c i.I ••
li30 i •••• ~o,. iv.nwe. St, 200
O":ll"d
:I.1ff llltO
au 0-0 AIIIOS
SPltIltU: .'IA
"'IUI M'c;IJ
~...u'QS
~l~1"
TO FOLLOII
1/01112
t/Ql/1t.2 1.I(U1/13
I/el./t: '1/CHt3
Ci1y If ,.1. Ar1., t~.ir .ffic.,., _,.", •• ".1 •• pI.oV"S If' " ... d IS
uhlilia."ll i" ... .,.. •• fl" _III~I .,,1Ii 111'I.r.1 lil.ility
C; t)' l!1 t , ••• A' I.
CIIP1 .• t , .... ! ic W.rks
P.O. lu 10250
•
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DEALEY. RENTON. asSo:.
1C1C1 0" Str .. t
P.O .• 0. 12115
o.tl,n4. CA 14&O~-2.7S
510 ..... 155-30510
Ufibe a A,.ecl,t ••
2130 L,k.,h.r' Av.nu.~ It. 200
Call: r "ui
Cit,. .f h'o Alt.
R(NEWAL OF
WP 2843688
I:" .... t I.,,: Mary Salutlt
2501 E •• a/cal.re Way
h •• Alii. CA 14303
110"113 71DlI5I4
TI£~OF. It«: 1Ss....c (:()l.of>il.NY WLl EI'£lE"'IIOR fO
MAl to O"''''SWAlTfEN""ra TOTI-ECEAIFCATE "o. .. OUN""-EOTon£
LUI. et.1 I='AU.Q£ fa ioU" Sl.CH NOta: SHAllloMIOSE NC.I 08l1CA T(lN ().Q
liA9l.t1 V OF AN'( KN)lPQN THE COL4PA.."..n S AGENT S ORREPQESENT ... iM:5
1I13230DG
",
Auto Insurance
Hartford Insurance Group
Policy '57·UI!C·HC·3759
Hartford Plaza '
Hartford, cr 06115
Phone 800-423--0033
E&O Insurance
IlIinoi.lnsuranCe Exchange
Policy #OOL 148976
311 S. Wacker Drive, 11400
Chlcago,IL 60606
Phone 3l2-40H·8000
General Liability
st. Paullnsurort<:t>
Policy RP06636S02
POBox 64345
St. Paul, MN 55102
W"rkers Comp.nsaUon
Fireman's \lund Group of Insurance (Associated Indemnity Corp.)
Policy IIWP·294-36·88
POBox 771
Novato, CA 94998
~
"1
Auto InlUtm.e
Hartford Insurance Group
fuUcy il57·U1lC·HC-3759
Hartford !'taxa
Hartford, cr 06115
Phone 800423-0033
E&O Insuran ....
Illinois Insurance Excltange
Polley 1IOOL 148976
311 S, Wacker Drive, 11400
Chicago,IL 6\1606
!'hone 312-106-8000
Genet .. ll,bblllly
51. PaullwurAII'"
Policy RPC6636502
PO Bo)( 64345
51. Paul, MN 55102
W"rkottll Compensation
Fireman'. Fund Group of Insurance (Associated lndemr>ity Curp,)
PolIcy 'WP.Z94--36-88
POBoxITl
Novato, CA 94998
~
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Auto Insurance
Hartford Insurance Group
POlicy '57-UIlC-HC-3759
Hartford Plaza
Har/ford, CT 06115
Phone 800423~
BAO Insurance
11IJnof. Insuran('l! n:(change
Policy /IO(JL 148976
311 S. Wacker Drive, #400
Chicago, IL 60606
Phone 312-408-8000
General Liability
St. Paul Insurance
Policy Rl'06636502
POBox 64345
St. Paul. MN 55102
Worker. COIDpen •• tlon
Firema,,', Fund Group of Insurance (Assodafed Indemnity Corp.) POlicy IIWP-294-36_B8
PO Boxm
Novafo, CA 94998 I'l)
{\'itIl.
'$1"
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...
EXHlIIITD o
COMPLIANCE REPORT Non-Discrimination Pro'!isions 01 Palo Alto
Contracts
IMPORTANT
no,s ie~ :'n'..:=t be cC!'np!eted bov pril'TiP
contractor aind ea(;i"i $utGurotiQ;:-::;:;~.
Complete all items unless otherwise
Instructed. Use extra sheets if
necessary. SUBMiT OR:GINAl OF THIS
REPORT DIRECTLY TO:
Director of Purchasing Services
Civic Cente r
250 Hamilton Allenue
Palo Alto, CA 94301
Circle One: Prime Contractor
Part I Complete the Following:
1. Full name and address of firm
City of Palo Alto, Vehicle Service
Facili t:j Was te Mir..i.miu tion .?l"'ogn
Project
Name of Firm _ Uribe am. Associates
Telephone (510) £32-2233
Name of person preparing form,
person tD contact.
....... JII. n!a _______ '~A~ • .,.. ____ _
Subcontractor
Uribe and Assccia tes
or other reporting unit covered --> 220 california Street 1201
Pal.o al.to, Ck 94306 by this report.
2. Name and addres.s of prlncipai Sylvia DeJ..gaOo
official 0" manager, ->
3. Name and address of principal
Office of company. -->
Uribe and Associates
2930 Lake~~e Aver.~ l200
~"1d, CA 94610
4. Name and address of parent
company if an affiliated _ > r-./a
corporation.
5. Name and address of prime
contractor (complete only if
this is a subcontractor's
report.
6. Signature and title of
atrthorized I epresentatlye,
-->
BY;
DATE:
nJa
Pete Uril::e
11-26-91
Part II
Par: III
Attach a statement ..,f your company's policy on equal employment
opportunLty to ait peisons without regard to race, creed, color, national
origin, or ancestry. and describe what steps have been tak.en to put this
policy into effect.
Circle the Proper Answ-er.
1.~ No Have you informed company officials ai'ld r£>"resentatives regarding t~e
non-discriminat~n provisions of City of P:,tO Alto Contracts?
~NO Have yeu examined your company's jlractices regarding assignments,
layoffs or transfers of Y'lUf employee..: fror, one job to another for
evidence of a practice ,or employment panel" that might appear to be
discriminatory and based upon race, religion or national origin? Ale the'y
non-discriminatory?
3.00 Do yaw have educational Of training pro-grams sp-cr:sored or financed for
the benefrt of employees or prospective employees.
a.~ How many people participate in these programs?
5 b. __ How many are minori':.ies?
4.@NO· Does your help wan.ted adve("!ising state thai.: you ara an equal
opportunity employp..r?
5. Yes No Are any apprentices obtained from sources outside the employer's work
force? 11 yes, have you circulated information about apprenticeship
openings or opportunities to the foflowing.
State Employment Offices
Newspapers or other media
High Schools, including those w. minority group areas.
Local trade or vocational schools, tnciuding those with
minority group students.
AgenCies and/or organization specializing in minority
employment.
~~~~-
.;
-~'-. 1'"
',. -."
o
Yes Q Federal or State apprent~eship representatives.
Who?
O~~e~ ______________________________________ ___
r--.
6. Yes ~ If you aie a prime contrc-ctor have an s:.Jbcontra.ctors covered by these
compliance inspectior. reports be~n instructed as to their contractual
obngation~ relating to non~di5criminatjon provisions of City of Palo Alto
Contracts?
8,
Part IV
Explain
Have atl recruitment -sources been advised [hat all qU!llified appric8ms
will receive consideration for employment without regard to race, color.
creed or national origin?
Jdentify (names and addressesl the employment agencies, personnel
recruitment organizations. newspaper advertising or other non-union
sources trom wh:ch the company recruits its personnel.
Societ:t oi Hare.'1 En:;inee=s, 5o.:iety of Bl.aclc Professiona.ls,
1. Yes No Have you a collective bargaining agreement with a labor l..mion or other
organization? n/a
It yes, specify the Union(s) or organization(sl
-3-
2. Yes No Have you advisetl the labor union and lor worker organjzation of tl"'.e
company~s responsibility unc!er the non-discrimination provisions of City
contracts. n/a.
n/a 3. __ % Approximately what percentage of your emplovees c~vered by union
agreements are referred by or hir'!d through the unions?
Exploin procedure for hirieg balance. ____________ _
4. Yes No Does the company's collective bargaining agreement or othei contract
or understanding witM a labor union (or unions) or other worker's
organization include a provision for non-discrimination in employment?
n!.
5. Yes No Is there any labor union or worker's or~aniza"tjon policy which prevents
you from fulfilJir1g your obligations under the non-discrimination
provisions ot City contracts? If so, specify", r./a::.. ________ _
6. Yes No Specify the trade!~) or crafT{s) invofved in this contract.
n/a
7. Use thi,o; space for comment on any answers ·,...ou have suppfied.
-4-
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,<-~~~;
. :',~ ,,~.~''.,'' ..
. ~: '
: . o OATE, 11-26-91
MCIAl MAKEUP OF R.PORTING UNIT
~~~ Namo __________________________________________________________________ _
Contract # rot a'Va..il.able yet (indicate only fer monthly feport, No. 31
Three types of breakdown are required. This form is used for an three. (Check)
{} -, -Fermanent mak.eup of company. , i -2-Estimated makeup for this project,
( J -3-Monthly report for ~ .. ~ '9 301. Submit or\Ce per month for duration of project.
1 = Permanent. 2 == Estimate for prD}ec ... 3 -= Monthly only.
Be sure to include :l!l employees in first colum'n. not juSt rr.i!1orities Nos. 1 and 2 below are required to be
filled in and submitted with Compliance Report.
Total an Asian
1
American I spaniSh!
JOS -RIES o,,"lm .~. F m I. Sleek Am ric-:;an Indian _5' rnamedl , 2 3 1 3 , I 2 3 1 21 3 1 2 3 123
Manaaement S 2 2 2 1 1 o I 0 0 , 2 0 0 0 0 1 1 1
Profess;ona!. 14 4 4 Q 2 2 , n n n 2 1 , 0 0 3 l , l
Clencal-offi co 0 1 1 4 0 o I 2 0 0 0 0 0 0 0 Q 0 0 0
Fiolrl ""n~M!Or 4 1 1 1 1 , I n n 10 0 0 1 0 u u 1 1 0 0
~l5m:d ~ Da
•• Technician 4 0 0 1 0 0 0 0 a 0 0 a 0 a 0 1 0 0
b. I I
c.
d. , 1 I
Unskill~J:! • 1i~1
,
! I
a. I I
b.
, I
C,
d. ~ I TOTAL OF ABOVE 38 7 7 17 4 4 2 C 0 4 1 1 0 0 0 5 2
The data below should afso be 'ne! d Ii in the aODrnDr'ate cateaor'es abo , !i.! §: , , V!il.
On Jpb Tf8ining
17 41 ole a. White Con., 2 7 12 4 0 • 1 1 0 0 0 ~ 2 2
Prnrl"'-';on
1 1 I 1 5 01 2 o 10 0 0 0 0 0 0 1 0 0 b.
This report must be completed by contractor and each subcontractor.
The term ·Spanish Sumamed" includes ell Pf!!rsons of Me)(icen, Puerto Rican, Cuben. Latin American or
Spanish ori!#in.
Report only employees enroned in formal on-t!;a-j"b traininld p·cgrams.
-5----_ .. _._ ... --
,,'~ .-: , ,.""
~ ~E &: ASSOCIATES ~,
Equal Opportunity Policy And A.IIirmatin Actior. Plan
It is the iDtent and resolve of Unllc 4< Associates (U&A) to comply with the requirerr.en" and
spirit oftile Jaw in the implementation of all facets of equal oppommity and affumative attion.
In the recruitment. selection, ninir.g. lltilizadoil, promotion. termination. Ot any other personnel
action.. there will be DO discrimination on the basis of nee, aeed, color. religious belicf. sex. age,
na<ional origin. ancestry. physical or mental handic.p.orv,= status. U&A fully complies
with an government requirements for setting up and carryliig u-J'Cu,!!:h ,A.ffirmarive Acnoe.
policies r":...cd to th, proteeted clas ... mennoned .beve;
U&A strongly suPpo", Equal Opporrunity protO<;ols. It is U&A's ;>olicy to ",!.oct til< best
qualified person for each position in the organi2lltion. No employee of U&A will discriminate
against an applicanc for employme.n.t DC another U &.A employee because of race, creed. co lor,
religion, se:<.. national origi.n~ rru..rital status, ancesO')'. or ag<:. No =mployee of U&A will
discrimin.ate against any applicant 'X another U&A emp1,;yee because of physical or mental
handicap or be.cause of the person's vete.'"3..'1 starus. ThEs f.olicy applies to aU employment
practiees and pe..."SOnnc:1 actions.
It is the responsib.ili~y of =ill rnar-.agers LO see that the company p.11icy of equal OPPOrtwlity is
comnum.icatc:d throughOUt the organization:
1. A wriuen notice o("lh.is pelkey will be sent to all m:!nag-:rs, supezvisors., &11d olher
employees eng~ged in employmont and training.
2. A copy of Out equal opporruniIy policy will be: m.aGe a .... aili.b1e to an:; e.mployee
upOll tequest.
3. '!1l: comp3..Cy's. policy on equal oppormnii)' will be: pos,l.!d In prominent locations.
Commitment To Affirm;ltive Action
U&A has a.1oplCd an Affumative Action policy which essentially mea". L'ui, the company will
VggI:ssivcly seek OU~ hire. develop. and promote qualified members of protected group,
(defined as"racia! minorities, women, pbysicaUy or mentally handicapped, disabled veterans,
veteranS of the Vietnam era, and persons. ages of 4C and c;ver).
As a minority·owned finn., we fo:d strongly that st.ould our minorit_" utilization fall below
U&.A1s accepted standards, we will actively recruit minority employees from such groups a5 the
Society of Women Engineers, the Society of Btack Professionals., the Society of Hispanic
Engineers, National Society of B lack Engineers. and the Employmom Development Depa'1lTlenl
Promotion. training and termination are based entirely on merit.
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