HomeMy WebLinkAbout0567.093I
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November 4, 1993
THE HONORABLE CITY COUNCIL
Palo Alto, California
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Regional Water Q..lality Control Plant Solids Management Plan-=.
Consultant Agreement
Memb€rs of the Council:
Report in Brief
This report recommends that the Co~~cil authorize the Mayor to
execute the attached consultant agreement with John Carollo
Engineers in the total amount of $99,800 for the preparation of
a Solids ManagemeTlt Plan ter the Regional Water Quality Control
Plant (RWQCP) ~ Funding for the project has been appropriated in
the Wastewater Treatment Fund.
Background
In late Febr.J.ary of this year. the Environmental Protection Agenc.'Y
tEPA) adopted new regulations that applying to the disposal of the
various solids that:. are removed from the waste stream of the
RWQCP. The regulations require the RWQCP to install a continU01.1S
monitoring sy6tem~ perform source tE:St9 to determine compliance~
a.nd prepare a plan 1:.0 achieve and maintain compliance. The
statutory deadline for conformance wit.h the regulat.ions is
February ~994.
Since the adoption of the regulations, RWQCP staff has proceeded
with the purchase and installation of the necessary mc.nitoring
equipment, as well as contracting for t~e source tesls. To date.
E?A still has not approved the procedures and stand~rds for the
source test. RWQCP staff intend to meet regulation requirements~
but C~>not confirm compliance until the end of the year, when the
testing requirements have been established and the equipment
installations and te&ting are complete. In the event that the
RWQCP does not meet. the regulations, it will need a plan to
dispose of the solids pzoperly.
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I Project Sec-pe ~nd Schedule
The Solids Management Plan is designed to serve three major func
tions:
• Prepare a shc~t-term compliance plan
• Prepare a long-ra::.ge solids dispGsal plan
• Prepare an emergency solids disposal plan
If modifications to the existing RWQCP facilities are requ~rea 1n
order to meet EPA requirements, the City may need to amend the
consultant agreement to include certain design se!-,rices and, if
necessary, prepare any necessary environmental impact statf'-::;:~ts
as additional eervices under the agreement.
The consultant is required under the agreement. to complete the
short-term compliance plan by February 15, 1994. The Solids
Management plan is Eo:cbeduled to be completed by ,July 1994_
Discussion
A Request for Proposal to prepare the Solids Management Plan was
issued to nine consultant firms. and seven responded. The
proposals ~lere reviewed in accordance with the City's selection
procedure for professional services. As a result. four consultant
firms were chosen to interview with the City's selection commit
tee. The selection committee included personnel from the opera
tions, maintenance; and engineering group of the RWQCP. The
selection committee 1L~nimously agreed that the proposed project
team of John Carollo Engineers is most knowledgeable and experi
enced in projects of this nature.
This project was submitted to the Policy ar~d Ser'tices Committee
for a waiver of Committee participation in consultant selection
on September 30; 1993 (CMR: 520: 93). The Committee unanimously
agreed to the waiver; and instrclcted staff to submit this project
directly to Council for app~oval.
Envlronmsntal Impact
The preparation of the Solids Management Plan is exemp~ from the
California Environmental Quality Act (CEQA) under Section 15262
of the CEQA Guidelines.
Recommendations
Staff recommends that Council:
1. Approve and authorize! the Mayor to eX~C1.!te the attached
consultant agreement ..... ith John Carollo in the amount of
$99.800 for consultant services for the Solids Management
Plan.
CMR,567,93 -2 -
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2. Authorize the City Manager or her desi'3'nee to negot iat'~ and
execute amendments for services related to or incidental to
the scope of work or services, the total value of '\t,'hich
amendments shall not exceed $15,000.
Respectfully submitted,
DAISY STARK
Plant Engineer, Water Quality Control Plant
WILLIAM MIKS
JL]r~Plant
GLENN S. ROBERTS
Director of Public Works
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BERNARD M. STROJNY
Assi6t~~t City Manager
Attachments: Agreement
Related CMR.:
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A G R_E EkE N. T
FOR
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PROFESSIONAL ENGINEBRINC CONSULTANr SERVICES
BI!TWIilDI rRE Cl TY OF PALO ALTO AND JOBN
CAROLLO ENGINEERS
THIS AGREEMENT is made and entered into this __ day of
=,"",;::-:;:;::-;_;;:::=' 19.93. by and between the CITY OF PALO ALTO, a
municipal corporation of CaliflJroia, hereinafter referred to as
"CITY, rand Joho."1 Carollo Engineers (Taxpayer Ident if icatic.n No. 56·
0132531). a California General Partnership. with offices at 450 N.
Wiget Lane, Walnut Creek, CA· 94598, hereinafter referred to as
"COnSULTAJI."T" ;
WIT N ~~ S E T H:
WHEREAS, CITY desires certain professional consultant
services related to preparation of a solids ~~nagereent plan for the
Regional Water Quality Control Plant; and
WHEREAS~ CITY desires to engage CONSllL?ANT to provide
these ser.rices by reason of its qual ifi cations and experience for
performing such services~ and CONSULTANT has offered to provide the
required ser.~ices on the terms and in the manner set toroth herein;
NOW, THEREFORE. in c~nsideration of their mutual
covenants. the parties hereto agree as follows:
SECTION l DEFINIITONS
1..1 CITY
The term "City" shall mean the City of Palo Alto~
california.
The term "City :Manager" shall mean the duly appointed
City Manager of the City of Palo Alto, California. or his or her
designated representative.
1 . 3 CI IT CL.~RK
ThE term "City Clerk'll shall mean the duly appointed City
Clerk of the City of Palo Alto, California, or his or her
designated representative.
1.4 RISK M&~AGER
The term "Risk. Manager" shall mean the duly appointed
Risk Manager of the City of Palo Alto, California. or his or her
designate::} representati .... e.
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1.5 PROJECT
The term "Project" shall mean the services des.r:'?:"ibed in
Exhibit ~A' entitled "Scope of Se~ices.· ~t:ach~d hereto and made
a part hereof by this reie:rence.
SECTTON 2 PROJECT COORDINATION
2.1 CITY
The City Manager shall he representative of CITY fo~ all
purposes under this P.greement. Daisy Stark is designated as the
Project Mana~er for the City Manager r and she shall supervise the
progress and execution of this Agreement.
2 . 2 CONS ULTA...'IT
CONSULTANT :shall assign a sir.gle projeo:t Director to have
overall responsibility for the progress and executior:: ot this
Agreement for CONSULT~~. Stephen G. Hough hereby is designated as
che Project Director for CONSULTA."IT. Steve !-!cDonald shall be
assigned as Project Coordinator for CONSULT.~ and shall .r.::present
CONSULTANT during the day-to-day work on the Proj ect. Should
circumstances oc conditiens subsequent to the execution at this
Agreement require a subst itvte Proj ect Director or Proj ect
coordinator for any reason the project Director or Project
Coordinator designee shall be subject to the prior written approval
of the project l-1an.ager.
SECTIDN 3 -SCOPE OF PROJECT
The SCOfK: of the Project to be executed
under the phases of the Basic Services described in
this Agreement, and the time schedule for the
described in Exhibit A.
4.1 BASIC SERVICES
by CONSULTA.~T
Section 4.) of
project, a:re
Unless otherwise indicated, CONSULTANT shall perform each
task and accomplish each obj ective described in Exhibit A.
CONSULTANT's Basic Services shall be furnished as described in
Exhibit A.
4.2 ADDITIONAL SERVICES
CONSULTANT sl1all perform or obtain any and all of the
following additional services, not included under che Basic
Services, if so authorized in writing by CITY, and shall be paid as
provided in Section 6 of this Agreement:
4.2.1 Providing services as an expert witness in
conneccion with any public hearing, arbitration proceeding, or
proceeding of a co·..:rt of record.
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4.:2.2 Incurring travel and subsistence expenses
for CONSULTANT and its staff beyond those normally required l.lndE-l"
the Basic Services4
4.2.3 Performing any other ser.rices that may be
agreed upon by the pat·ties subsequent tc thE exec-ution of this
Agreement 4
4.2.4 Performing such other additional services
as set forth in Exhibit A.
4.3.1 CONSt."LTANT repr'esents that lC has the
expertise and professional qualifications to fu~nish the services
described under this Agreement. CONSULT~~ further declares tha~
one or more members or employees of its fi:nn and tha'C of its
subconsultants l it any, are licensed by the State of California to
perforIl'l their services and that the:::;e services will be performed by
them Or ~nder their supervision. CONSULT~\7 shall furnish to CITY
for approval, prior to execution of this Agreement, a list of all
firms Qr corporations to be employed as subconsultants.
4.3.2 CONSULTM'"T states th~t it is aware of the
req".J.ire..-nents of the fedeL-al .Zl",.1't:ericans with Disabilities Act of
15:.90, and the Government Code a!'ld the Health and Safety CoCl:e of the
Stat~ of California, relating to access to public buildings and
accommodations for disabled persons. and relating to faci 1 ities for
disabled persons. CONSULTA.NT shall comply with such prc>visions in.
carrying out the ter.rns of this Agreernent4
4.3.3 CONSULTANT shall furnish CITY with every
reasonable opportunity for CITY to ascertain that the services of
CONSULTAN:T are being performed in accordance wit~ the requirements
and intentions of this Agre~ment.
541 CITY shall examine documents submitted by CONSuLTANT
~nd shall rende:::: decisions pe:rtaining thereto pI:omptly. to avoid
unreasonable delay in the progress of CONSULTANT's work.
5.2 If CITY observes or othe~ise becomes aware of any
fault or defect in the Project, CITY shall give prompt written
notice thereof to CONSULTANr.
5.3 CITY shall furnish information required by C~NSUL
TANT as expeditiously as pcssible.
SEC'fIO!i 6 -PAYMEl'IT
Payment shall be made by CITY only for se~~ices rendered
and within thirty '30) days of submission in triplicate of monthly
progress payment requests. Ea~h invoice shall be itemized as tD
the type of payment described in this section.
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£.1 CQNSULTANI'S FEES
In consideration for the full performan,::::e of the Basic
SerJ"ices and reimbursable expenses descrit1ed in Section 4.1 of this
Agreement, CITY agrees to pay CONSULTANT a fee not to exceed
Ninety-Nine Thousand Eight Hundred Dollars ($99,800)_
The amount of CONSliLTA.~J s compensati..on shall be
calculated as set forth in Exhibit liB"" entitled "Fee Schedule,·
attached hereto and made a part hereof by this reference, or. a time
and materials basis, up to the maximum &~ount set forth in this
parag:taph 6.1.
6".1..1 SubconsjU.l.:Uj~.Jltli. Fees for Sl.lbconsul tants,
hired directly by CONSULTAl~Ti shall be approved by CITY in advanse
of incurring such fees.
6.1.';. For Addit.ional Serv-l,J;J;'.§.. For CONSULTANT'S
additional services, as described in Section 4 of this J.~greement,
compensation shall be as prescribed in Exhibit B but shall not
exceed a total of Fifteen Thousand Dollars ($15, COO) . An
employee's time for any additional soervice shall be .:omputed at an
hourly rate as defined in this section and Exhibit B. The. rate
schedules shall be updated on ~~rch 1 of eact year.
-6" . 1.3 For Extra Work ox_~hg,nc;6S. Payment far
extra work or changes in the work not init iated by CONSULTANT and
authorized in writing by the Project Manage= shall be made within
chirty (3(1) days of submission by CONSULTM"T of a statement in
triplicate of itemized costs covering such work. Prior to
commencing such extra work or changes~ CONSULTANT and CITY shall
agree upon an estimated not-to·-exceed cost. for such extra work. In
no event shall CONSULTANT be paid for design work or change order
preparation which is necessary beca.use of CONSULTANT's er-rors or
oversights.
6+ 1.4 Calculation of DiJ;_~_ct ____ J?ersormp-l EXPens~.
Direct personnel expense of employees engaged on the Project by
CONSULTANT shall include only the work of architects, engineers,
designers, job captains, draftspersons, specification writers and
typists, in consultation, research and design, in producing
drawings, specifications and other documents pe!"taining to the
Project~ and in services during construction at the site. Included
in the cost of direct personn.el expense of the:s<; 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 M):'MENT SCHEDULE
6.2.1 For Basit;;:_~_'S'rvices. Payments tor the
Basic Services shall be made in progress payments in proportion to
services performed in acc0rdance with Exhibit B.
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Final payment shall b~ made by CITY after CONSULTk'l"T has
submitted all .t'equired r8po.!"ts and rece~ved approval thereon froM
CITY.
6.2 _2 For AdditiQru,l Ser.rices. Payments for
additional serv·ic~s of CONSULTAN'T as defined in Section 4 shall be
made as part of the IrI_onthly progress payments for services
rendered.
6.2.~ Deducti~ns. No decuctions shall be rnad~
from CONSULTk'\fT's compensation on account of per.al ty, liq..lidated
damages, or other sums withheld from payxr.ents to cont.I.acturs.
6.2.4 Payment Upon SuSpef!$.ion ___ 9r Abandonment of
Pro~. If the Project is susper:ded for more chan three {3j
months or abandoned in whole or in part. CON'SULTAA"T shall be paid
its compensation for services performed prior to rEceipt of wr1tt~n
notice from CITY of such susoension or abandonment, tor.:ether "I\d.th
additional and reimbursable expenses then due. If the-Prcjer.t is
resumed after being suspended for more tha~ nin~ty (SO) days, any
change in CONSULTANT's cvmpensation shall be subj ect. to renegotia·
tion and~ if necessary, approval by the Palo Alto City Council (the
~City Council a) _ If this Agreement is suspended or terminated for
raul t of CONSULTA...?IT, CITY shall be o!Jligated to compensate
CONSULTANT only for that portior. of CONSULTANT's services ~hich are
of benefit to CITY~ as su,=h determination may be made by the City
Manager in the reasonable exercise of his or her discretion.
SECTION 7_ -PROGRESS AND COMPI·ETION
7.1 TERM OF AGR_:;:EMErIT: TIME 'S OF THE ESSENCE.
The term of this Agreement shall commence upon its
eXEcution by CITY" Following receipt of a Notice to Proceed,
CONSULTANT shall commence work on initial tasks in accordance ..... ith
the time schedule set forth in Exhibit A. Work on subsequent tasks
shall proceed in accordance with the time schedl-"le. The p2rties
hereto agree t1->.at time is of the essence of this AgreemFnt" This
A9reement shall terrr.inate February I, 1995_
7.2 EXTENSION OF T_IME Qf' COMPLETION
In the event the services called for under this Agreement
are net completed by CONSlJLTA..1iT within the t ime specified~ CITY
shall have the option to exte.nd the time of completion. This
paragraph does not preclude the reCQVeLY of damages for delay of
either party ~
SECTION 8 -CHANQES IN WORK
CITY may order major changes in scope or character of
work, either decreasing or increasing the amount of CONSULTANT's
services. In the event that such changes are order-edt CONSULTANT
shall be entitled to full compensation for all work performed prior
to receipt of notice of change. Increased compensation for major
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changes shall be determined in accordance wi th Section 6 of the
Agreement. but in no event shall CITY be liable for payment unless
the ~~u-~t of such extra compensation shall first have been agreed
to in w~iting by CITY.
In the event that major changes are ordered pursuant to
this section. the schedule for progress and completion under
Section 7 of this Agreement. and compensation under Section 6 of
this Agreement. shall t·e adjusted by neg:>tiation be::lIIeen CONSULTAN?
and CITY, subject to approval if necessary by the City Courtcil.
SECT rON 9 _n..:........TERMINJl.TION OR SUSPE.~SION OF AGREEMBiIT
9. 1 ~ELLATI9N __ .J:3Y CONSUL TAN7
CONSTJLTAl'IT may terminate this Agreement or suspend ",,-ark
on the Project by providing thirty (30) days' written notice
thereof to CITY. but only in the event of substantial failure cf
performance by CITY or i~ the €VeE~ CITY abandons or indefinitely
postpones th~ Project.
Without lirnitat:io:1 tc such rights or rerr,edies as CITY
shall otherwise have by law~ CITY may terminate this Agreem2nt or
suspend work on the Project wi th or without cause, by providing
fifteen (15) days~ written notice thereof to CONSULTANT, cr
immediately after submission to CITY by CONSU1':!'Jl.NT of any cornplet.ed
item of service specified in S~cticn 4 of this Agreeme'nt.
CONSULTAN1' agrees to cease all \tro'ork under this Agreement upon
receipt of said written notice.
9.3 COMPENSATION OF CONSULTA.""Il' _IN THE EVENT OJ:
TERMINATION OF THIS AGREEMENT
In the event of termination of this Agreement or
suspension of 'I!Iork on the Project by either CITY or CONSULTA.'I'L as
p'rovided hez:'ein, CONS'jLTA1~""'I shall r€'ceive compensation as follows;
9.3.1 F0!" apP::o·.red items of service under
Section 4 of this Agree:r.1E'nt, cO!l'lpe~sat ion shall be in the amount
outlined under Section 6" of t hi$ Agreeml':!nt for the ~ terns of service
fully performed by CONS:JL,-'Al\"T.
9.3.2 For ~tf:":-:-$ cf service on which a Notice co
Proceed has been issued by Cln ~ bt.:t: which have not been fully
complet.ed and approved, 'Cm.~·::,:::",'"'! shall be compensat€d for the
service in an a~ount w~icr. ~~4~F the same ratio to the total fee
oth.e-=wise payable for the perf c.r:nanc€ of th.e: service as the-service
actually rendered bears to tr.e total service necessary for the full
performance of the item o! se~.ce.
9.3.3 In no event shall the total cow~ensation
paid in the immediately preceding paragraphs exceed the payment
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specitied in Section 6 for the respective items of sc-rvice to be
furnished by CONSULTANT.
9.3 A Notwithstanding anything .in the preceding
paragraphs. upon termination for fault of CONSULTANT, CITY shall be
obligated to pay for only that portion of the sezvice which ca~ be
incorporated in the Project.
9.4 DUTIBS OF CITY AND CO,NSUJ..1:Mn:
Upon termination of this Agreement nr suspension of work
on the Froj~ct br either CITY or CO~';St:-r.TANT as provided herein, all
duties of CITY and CONSULTANT, as set forth in Sections 4 and 5
hereinabove. shall terminate.
SECTION ~-= ___ CONSULT.l\!IJ'7' S ACC.QillITING RECORIlli.
Records of the following expenses pertaining to the
Project shall be kept by COKSULT~~T in acco~dance with generally
r€cognized accounting principles and shall be made available to
CITY at mutually conve~ient ti~ES ouring the term oE this Agreement
and for three f3l years fcllowir.g thE termination of this
Agreement.!
(a) Direct personnel expensEs~ including consultant
expenses. (See Section 6 of tbis Agreement.)
(b) Expenses pertaining to Additional ServiCES + (See
Section 6 of this Agreement.)
~QN 11 -OWNERSHIP OF DOCUMENTS.
11.1 OWNERSHIP OF ORIG.INAL DOCUMENTS
Subject to the ~visions of Pa:ragraph 11.2 below. the
original drawings, maps, plans, designs, records of survey, work
datal specifications, reports dnd any othe .. document~ prepared by
CONSULTANT in the perfoL!Tl..1.nce of th~s AgreemEnt. although inst:D.l
ments of professional SErvice, are and shall be the property of
CITY whetheo:' the project for .... ·hich they are made is executed or
not.
11.2 ~~SFER TO C]TY
Upon termination u~~~r section 9 of this Agree~ent and
upon CITY's payment of the a:""Jo";~: requ.in i to be paid under same
section. the originals p~j all drawings; calculations,
specifications and any simil.:;.!'" c:;J:;uments shall become the property
of CTTY. and CONSULTA1fT shall :ra~sfer them to CITY. upon request,
without additional compensat :'0:-:. CITY shall have the right to
utilize any completed or t.:ncompleted dra-wings. est-Lrnate-s,
specifications, reports and an}' other documents prepared hereunder
by CONSULTANT.
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"lOll !ac: oa:an49
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In accepting this Agreement, CONSULTANT covenants that it
presently r-..as no interesc, and shall not acqui:z:-e any interest,
direct or indirect, financial 0= otherwise, which would conflict in
any manne= or degree with the performance of the s~rvices here
under. CONSULTANT further covenants that, in the performance oE
this Agreement l no subcontractor or person having such an interest
shall be employed. CONSULTANT certifies that no one who has or
will have any financial inte=est under this Agreement is an cfficer
or employee of C!1rf.
It is expressly agreed that in the perforInance of the
professional services requir-ed under this A3reerrl~mt. CO};SUI.lTANT J and.
any of its subconsultants or employees, shall ao;: all tirr,es be
considered independent contractors and not agents or emploYE'es of
CITY.
SEC::.'I'ION 13 -QUTSIDE CONSUL'I.ANTS
CONSULTANT shall be responsible for employing all outSloe
consultants (subconsul tants) necessary to aid CONSU~TA..hIT in the
perfonnance of the serv-ices listed in Section 4 of this Agreement;
provid-ed, however ~ that all such subconsultants shall receive pI io:-
approva.l of CITY in "II1riting and shall rernair:.. acceptable to CITY
during the term of this Agreement.
,S"E",CT..L!.,O",N"-.'1.. ,-4_..:.....J1.rND", ~ I T-.X
CONSULTANT agrees to protect. ind~~ify~ defend and hold
harmless CITY, its Council members, officers, agents ano employe~s
from any and all de;na..nds, claims~ or liability of any na>;;.ure,
including death or injury to any person, property daP'lage or any
other loss, caused by or arising out of CONSULTANT's, its
officers' ~ agents', subcontractors' or employees' negligent aces,
errors~ or ()missions, or willful rr.isconduct, or .conduct for which
the law may impose strict liabiiity en CO~SULT~~ in the
performance of or failure to perform its obligations under this
Agreement.
SE.CTION 15 . INSURANCE
~5. 1 INllJ!ll.hllCE COVERAGE
CONSULT~~T. at its sole ~ost and expense, shall obtain
and maintain~ in full force and effect throughout the entire term
of this Agreement, the insurance coverage described in Exhibit I!C~
to this Agreement, attached hereto and made a part hereof by this
reference. insuring not only CO~SULTANT and its subcontractors, if
any I but also, 'With the exception of wor'lcers' cootpem:;ation,
employer'S liability ~nd professional liability insurance, naming
as additional insured::; CITY, its Council members, officers, agellts
and employees, and each of them, concerning this Agreement and the
project.
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All insurance coverage required hereunder shall be
provided through carriers with a Best rating of A:X or higher that
are admitted to do busines$ in the State of Califorl1ia. Any ar.d
all 911bcontractors of CONSULTANT under this Agreeme:!':'.t shall obtain
and maintain. in full ferce and effect throughout the term of this
A9reernent~ id~ntical insurance coverage, ~ith CITY named as
addi~ional insured under such policies as required above_
15_2 ~'IDENCB OF INSURANCE
Certificates of such insurance, preferably on the forms
provided by CITY~ shall be filed witb CITY concurrently ..... it;;. the
execution of rhis Agreement. The certificates shall be subject to
the approval of the Risk ~!a!1,'lger and shall contair: an endOl:sement
st-ating that the insurance is priIr'..ary coverage and will nQt be
cancelled or altered by the insurer except after-filing .. ith the
City Clerk thirty (30) days' prior written notice oE s',Jcn
cancella~ion or alteration, and that the City of Palo Alto is named
as i3~ additional insured except in poli~ies of .... or-kers'
compensation, employer's liability, and professicnal liability
insurance~ Current certificates of such insuran.;::e shall be kept on
file at all timas during the term of this Agree.11ent with the City
Clerk_
15 _:3 NO r,IMTT OF !,.IA1~JJJITY
Tr.e procuring ot such required pol icy or policies of
insurance shall not be coustrued to ::. irnit CONSULTA,.l'IT' 5 liabili ty
hereunder nor to fulfill the indemnification provision and
-r-equirements of this Agreement under Sect ion 14 hereof.
Notwithstanding said policy or policies of insurance~ CONTRACTOR
shall be obligated for the full and total amount of any da~ge~
injury. or loss caused by the sarvices performed under this
Agreement, including after the Agreement has terminatEd or expired_
SECTION 16 -W0R.,to;ERS' COMPENSATION
CONSULTk~. by executing this Agreement, certifies that
it is aware of the provisions of the L.aDor Cod~ of the State of
Cal i fornia which require every employer to be insured against
liability for workers' compensation or to undertake self-insurance
in accordance '"ith the p:r-ovisions of that Cede, and certifies that
it will comply with such previsions b'?fore com.rnenciag t:he
performance of the work under this Agreement.
SECTION 11 -~~I~~
CONSULTANT agrees to permit CITY t.o a·l.ldic~ at any
reasonable time during the term of this Agreement and for three ~3}
years thereafter. CONSULTANI" s records pe.rt_aining to matters
covered by this Agreement. CONSULTANT further agr~es to maint".ain
such records for at least three (3) years after the termination of
this Agreement.
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SECTION 19 _AGREEMENT BINDING
The terms, covenants, and conditions of this Agreem~nt
snaIl apply to, and shall bi::l.d, the heirs, s:,.l.ccessors, execu.tors,
administrators, assigns l and sl.lb.:ont:ractors, as the case may be, of
both parties.
5':ECTI0N 19 -NQ~A.:; __ SIGNABILITY
19.1 PERSONAL SERV1Cg..s.. ____ OF CONSULTANT
Both parties hereto recognize that this Agreement is for
the personal services of CONSULTANT and cannot be tra:1sferred,
assigned or subcontracted by CONSULTA..""'" withm.:t the prior · .. ritten
consent of CITY.
19.2 SERVICES OF StJBCON_$V..11'_bN1' ]JID THEIR E}f.pLQ¥.?_~$_
CONSULTANT shall be responsible for employing or engaging
all persons necessary to perform the sE:.!Vices of CONSULTA1TI
hereunder. No subconsultant of: CONSULTA.c"IT -will be recosmized by
CITY as such; rCi.ther~ all .subconsllitants are deemed to be employeE's
of CONSULTANT. and it agrees to be respcnsible for their
performa.nce~ CONSULTANT shall giv€' its personal attention to the
fulfillment of the provisions of this Agreerne::lt by all of its
employees and sub-consultants, if any, and shall keep the work
under it.s control. If any employee or subconsul tant of CONSULTA..I\''T
fails or refuses to carry out the provisions of this .l"greernent or
appears tc be incompetent or to act jon a disorderly or improper
manner'~ he or s!le shall be discharged immediately from thE: work
under this Agreement on deomar..d of CITY.
SEC-frON 20 -RELIANCE l.L~_ON PROFESSIONAL SKILL OR
CON~l\NT
It is mutually understood and agreed by and betwe~n the
parties hereto that CONSULTANT is ski lIed in the professional
~alling necessary to perform the w?rk agreed to be done h~reunder
and t:lat CITY relies upon the ski 11 of CONS'Jl,TANT to do and per-fonn
the 'Work ir. accordat'lce with g€nerally accepted engineering
standards, and CONSULTANT agrees to thus perform the work. The
acceptance of CONSTJLTANT's work by CITY does not operate as a
release of CONSULTANT from the obligation.
SECTION 21 -WAIVERS
The waiver by either party of any brea.ch or violation of
any tent, ccvenantl or condie-ion of this Agreement or of any
pZ"ovisions of any ordinance or law shall not be deemed to be a
~aiver of any such term~ covenant, condition, ordinance~ or law or
of any subsequent b:feach or violation of the same or of any other
term. covenant, condition, ordina::ce or law. The subsequent
acceptance by either party of any fee or other money .... hich may
become due hereunde~ shall not be deemed to be a waiver of any
preceding breach or violation by the other party of any term,
10
covenant. or condition of this Agree~ent or of any applicable la~
or ordinance.
SECTION 22 -NO IMPLI~D WAIVER
No payment, partial payment. acceptanC""2!. or partial
acceptance by CITY shall operate as a waiver on th~ part of CITY of
any of its rights under this Agreement,
SECTION '.3 n-=--.CCSTS AND A'I~'"'[Q_RNBYS' FEES
The prevailing party in any action brought !:.o enforce the
terms of this Agr~em~nt or ariSing out of this Agreement may
recover its reasonable costs and attorneys' fees expended in
connection with such an ac~ion from the other party.
SECTION 24 NONPISCRIMrNATIQN; PER~TY
No disctimination shall be made in the employment of
per-sons under this Agreement because of the age. race, color,
national origin, ancestry, religion, disability, sexual preEel'ence
or sex of suet! person. If the \r.:'lue of t'.his Agreement. is. or' m .. " .. y
be, Five Thousand Dollars [$5.000) 0-.:' more, CONSU!:'~ANT agrees to
meet all requirements of the Palo Alto Municipal Code pertaining to
nondiscrimination in emplo}'It\ent, including completing the.
-Compl iance Report --Nondiscrimination Provisions of Ci ty of Palo
Alto Contract~-on the form furni5hed by lITY, attached hereto 3S
Exhibit -D-and made a part hereof by this referencE,
CONSULT~~ aqrees that each agreement for services from
independent providers -shall contain a provision substantially as
follows:
"Provider shall .provide CONSU! .. ,'I'ANT 'With 2
certificate stal.l.ng that he (or she) is
curre~tly in compliance ~ith all Federal and
St'ate of California laws cove.ring
nondiscrimination in employm-==nti that he (or
she) will pursue an affirmative course of
action as requit"ed by the Af firmative Action
Guidelines of the City of Palo Alto; and that
h~ (or she} will net discriminate in the
employment of any person under this contract
because of the age; race. color, national
origin; ancestry, religion, disability, sexual
preference or sex of such person,-
24.2 PE~ALTY FOR D~~R!MINATrO~
If CONSULTANT is found in violation ot the
nondiscri~~nation provisions of the State of Califoroia Fair
Employment Practices Act or siroilar provisions of federal law or
executive order in the performance of this Agreement., it shall
11
thereby be found in material brear.h of this Agreement. Thereupoor
CITY shall have the power to cancel or suspe~d this Agreement, in
whole or in part, or to deduct from the amount payable to
CONSULTANT the SUnt of Twenty-Five Dollars {$25) for each person for
each calendar day during 'Which such person was discriminated
against l as damag~s for said breach of contract r ex both. Only a
finding of the State of California Fair Employment Practices
Commission or the equivalent federal agency or officer shall
constitute evid~Dce of a violation of contract under this section.
If CONSUL·TANT is found in violation of the
nondiscrimination provisions of this Agreement or the applicable
affirmative action. guidelines pel:taining to this Agreement~
CONSULTANT shall be found in material breach of this Agreereent.
~l'here'..lpon, CITY shall have the power to cancel or suspend t.his
Agreement. in .... hole or in pare, O!:" to deduct from the amount
payable to CONSULTANT tho:;-sum of Two Hundred Fifty Dollars (.$250)
for each calendar day during which CONSULTANT is found to have been
in such noncompliance as ~~ges for breach of contract, or both.
~CT!QN 25 -~J __ TRATIQN
Upon agreement of the parties any controversy or claim
a!:"ising out of or relating to this Agreement may be settled by
arbitration in accordance wirh the Rules of the American
Arbitratioc Association, and judgment upon the award rendered by
the Arbitrators may be entered in any court having jurisdiction
thereof.
SECTION ___ ~_ NOTICES
All !lotices hereunder shall be given in writing and
mailed~ postage prepaid, by certified mail, addressed as follows:
To CITY:
To CONSULTANT:
Office of the City Clerk
Post Office Box 10250
Palo ~tOI CA 94303
With a copy to the Project Manager
Attention of the Project Manager
Regional Water ~Jality Control Plant {RWQCP)
2501 Embarcadero way
Palo Alto. CA 94303
Attention of the Project Director
at th~ address of CONSULTANT recited above
SECTION 27 -ALL COVENANTS AR¥ __ COND!TIONS
All provisions of this Agreement are expI'essly rrade
conditions.
12
• •
" f,
I
I
~
f ,
~S~E~CT~I~Q~N~2~S~~~A~G~R~E~EME~NT CP~~AINS ALL UNDERSTANDINGS-
This document represents the entire and integrated
agreement: between CITY a:ld CONSULTANT and supersedes all prior
negotiations~ representations, and agreements, either written or
oral.
7his doc~~nt may be amended only by ~ritten instnL~ent,
6 i gned by bo th C IIT and CONS UL TArn' .
SECTION 29 -GOVERNING LAW
This Agreement shall be go-..rerned by the laws of t,he State
of California.
IN WITNESS WHEREOF. the part ies hereto have executed this
Agreement the day and year first above written.
ern OF PALO ALTO
Mayor
ATTEST:
City Clerk
APPIWV&D AS TO PORM,
Senior Asst. City Attorney
APPROVED,
Ci t y Ma.nager-
Director of Finance
Director of Public Works
Risk :Manager
At:tachments:
EXHIBIT "A":
EXHIBIT -B":
EXHIBIT "e·:
EXHIBIT 'liD":
fJlOlS _ Q020149
Part,1er
SCOPE OF PROJECT & TIME SCHEDULE
RATE SCHEDULE & PAYMENT SCHEDULE
INSURANCE
NONDISCRIMINATION COMPLIANCE FORM
13
EXHIBIT A
SCOPE OF SERVICES
SOLIDS MANAGEMENT PLAN
Under this Scope of Services, the Consultant shall prepare a Solids
Management Plan (th~ Plan) f ~hich shall serve as a road map for the
Regional water Quality Control Plant (RWQCP). to achieve, over the
years, a reliable, technically sound, environmentally sensitive.
and economical solids disposal syste-;:n. The ?ldn shall provide the
RWQCP with short-term compliance strategy that leads to a lonq-term
system with emergency back-up :for reliability. The short-term
compliance strategy of the Plan shall be completed in a ti:rr.ely
manner and bound as a separate report for ezrly submittal to the
RWQCP.
BACKGROUND INFOR,!U,':rION
The RWQCP is a tertiary waste .... a~er treatment facility 'With an
average dry weather flow (ADWF) design capacity of 38 million
gallons per day (mgd). The current ADWF is about 22 mgd.
The main treatment process consists of bar screens, primary
sedimentation~ fixed film reactors. activated sludge, secondary
sedimentation~ and filtratiorL The filt~red effluent is
chlorinated,. and then. dechlorinated with sulfur dioxide prior to
discharge to the Bay. A portion of the treated final effluent is
diverted to the reclamation facility for reuse.
The solids handling proc~ss includes t~o multiple hearth furnaces,
installed in 1970, for the incineration of scum and sh~dge. The
ash from the incinerators contains sufficient minerals and is
packaged and marketed for bene~icial reuse (agricultural minerals
and metals recovery). The grit and screenings are currently being
packaged and disposed of i~ landfills.
Incineration Pr~ces __ ~
The primary and secondary sludges from the wastewater t~eatment
process are de~atered in the belt presses to approximately twenty
seven percent (27%) solids~ Thickened scum is then mixed with the
dewatered sludge at a rate of 0.5 gpm. The mixture is fed to the
incinerator through a conveyor system at a rate of approximately
15-18 dry tons a daYI producing approximately 4 dry tons of ash.
The ash is fed into heavy-duty ash bags through a hopper _ The
packaged ash is stored on site until pick up for transportat10n to
A-l
the reuse facilitie$~
Only one incinerator is needed for normal ope~ation, and the secQnd
incinerator is pl.ace,d en cold standby. The in.cinerator-s are
scheduled for em~ss~on testing and will be equipped ~ith a
continuous emissions monitoring syst~~, It is anticipated that the
incinerators ~ith the existing ~et scrubbers and the ne~ monitoring
system 'Will meet the r£quirements of 40 eFR Part 503 ~ If the
emission tests and the monitoring reports indicate non-co~pliance,
the Plan shall provide a work: plan to achieve compliance in
accordance with the 40 CFR Part 503 regulations as set forth under
su~task A.1 below.
Scraenings Disposal Proces~
The screenings from the tar s~reens are rinsed by a high pressure
water spray system prior co raking in~o a screw press. The press
dewaters the rinsed screenings to appro~imately forty percent (40%)
solids. The dewatered screenings are then piped into"a hauling bin
lined 'With heavy-dutr screenings bags. The>. bagged screenings are
manually hoisted into a holding box until pick up for
transportation to the comree~cial landfill.
Grit is pumped from the primary sedimentaticr. tank influent channel
clearwell, and dewatered with a cyclone and inclined screw. The
dewatered grit is tr-ucked to the adjacent cit~~ owned landfill which
is cur~ently operating under a short-term closure plan.
The consultant shall be responsible und-er this Agreement for the
pr-eparation of the Plan, In general, the Plan sl"lall be written
such that the RWQCP can rely OT! the Plan as a planning tool to
achieve a reliable ciisposal system for the R'~'QCP's total solids
production. The Plan shall include a short term ccrn=,liance plan
that can be developed into a long-term disposal plan with back-up
systems to maintain operation in the event of an emergency.
The Plan shall provido the RWQCP ..,ith budget level cost information
and an implementation plan. The necessary Consultant tasks for
preparation of the Plan under this Agreement are briefly outlined
below. All information obtained under these tasks shall be
included in the Plan.
TaslC_~..; ___ ..R_,;~vie ... Background Information
Consultant shall obtain, review, summarize, and discuss in the Plan
all relevant information including, but not be limited to~ plant
data; regulatory requirements; and landfills and reuse sites, as
set. forth bela...,.
A-2
Suhtask A.l Plant Data --Records, Te~t Data and Analyses
Operation and maintenance reccrds of the solids handling facilities
will be available at the RWQCP for consultant review and
evaluation. Certain test data and analyses records are alse
available at the RWQCP. The RWQCP plans to co~plete the
incinerator emission test in December of 1993. The test report
wi11 be made available to the Consultant~ If Consultant feels that
certain data a:re missing and are l".eeded for the completion of the
Plan, Consultant shall discuss the requirements "..,lith the city's
project ~anager. Consultant shall reyie~ the plant data, perform
the following, and include the. findings in the Plan:
• develop solids balance, and the projected loadings;
• establish solids charaocteristics, including solids
concentration, volatile solids content, and metals
concentrations;
• assess the capacity/performance of the
facilities (including the incineratorsj.
SubtasK. A~2 P.egu la tory Hequ irernent s
existing
Consultant shall evaluate in the plan impacts of the federal and
state regulatory requirements on the existing dnd the propos-cd
solids treatment and reuse/disposal options for the solids disposal
for the RWQCP that are discussed in the Plan. Consultant shall
perfonn a -fatal fla-",," assessment on each option discussed in the
Plan with regards to environmental concerns_ The intent of this
assessment is to identify options that are high environ.."nental
risks. This task does not cover any documentation, if required,
under the California Environmental Quality Act (CEQA).
Suhtask A. J Landfills and Reuse Sites
Consultant shall review and discuss the current cdPa.citi' and tuture
plans of local landfills for solids disposal, and the trends and
viability of. beneficial reuse of ash~
Task~: Evaluation _.9f ... .IDt!sting FaciJ,.ities and op.~r~tion5
Consultant shall evaluate the existing RWQCp.1S solids handling
facilities for the screenings. qrit, scum and sludge based on the
findings of task A. The eval~~tion shall include:
• The conditions, effcctiveDess; efficiency, and capacity
of the existing facilities,
• The operations and r.:aint.enance of the major components of
the existing facilities,
• The expected service life of the existing facilities,
A-)
• The long-term pros' cons of the "no change-scenario,
• Im.provem.ents and modifications, if any, that need to be
made to the existing facilities to achieve compliance in
accordance with the 4Q CFk Part 503 regulations,
• Potential i~provements and modifications that can he
feasibly made to the existing facilities to achieve lonq
term reli~bilitYI and to improve their efficiency and
capacity throughput,
• Ability to 'meet existing and future requirement.s~
• Projected capit3.1 and operation and maintenance costs.
Consultant shall summarize the above evaluation and include the
summary in the PIC!n. Consultant shall also assemble the above
findings and summary in a separate report that serves as the short
term compliance plan. The surn."tIary shall clearly identify the
short-term compliance strategy for the RWQCP to meet the 40 CFR
Part 503 regulations. The report shall be submitted to the RWQCP
as set forth under section DELIVERABLES of this Scope of Services.
Task c: Screen ConceptuaJ sQJ .. ids Management ootio~
Consultant shall identify a comprehensive list of potential options
for the disposal of the RWQCP's solids. The consultant shall hold
a 'Workshop with RWQCP staff to discuss the feasihili-cy and the
treatment/disposal interrelationships of each option. Consultant
shall develop a screening matrix to evaluate the viable options.
Consultant shall .... ork .... ith the RWQCP staff to establish the
criteria for use in the screening matrix. The screening matrix
shall provide a rating system which scores each option in terms of
technical, institutional~ and economic risks or potentials.
Consultant shall assist the RWQCP in the selection of two viable
options for further consideration in the Plan.
Task D: Develop and __ EValuate Viable optiqJJ...§.
Consultant shall, in the FIan, evaluate and provide a comparison of
the existing solids dispo5al technologies used in the RWQCP and the
two selected viable options. rhe comparison shall be in SUfficient
detail to allow the City to dra..... its own conclusions. The
evaluation shall account for factors such as flexibility in meeting
future regulations, reliability, constructability of the ne .....
facilities, operations and maintenance, environmental impact, risks
(including health risk), and capital cost.
Consultant shall also evaluate and recommend a backup option to
maintain operation in the event of an emergency.
Consul tant shall conduct a 'Workshop W'ith the RWQCP staff, as
A-4
the RWQCP in accordance 'With the a.ttached project schedule and as
outlined her~ir..
1. The Consultant sh~ll prepare and submit five (5) copies
of t.he short-term compliance report to the RWQCP by
February 1, 1994.
2~ The consultant shall submit five (5) copies of the draft
Plan to the RWQCP for revie'Wby April 15, 1994.
3. The Consultant shall addr2ss and incorporatl:' the city
review comments and submit ten (10~ copies of the final
Plan by June 15, 1994.
POSSIBLE ADDrTIONAL SERVICES
The scope of work and fee for all additional servicf:s .... ill be
detailed out at such time .... hen the service is necessary and
approved by the city's Project Manager. The followi.ng are
additional services that may be required of the Consultant:
p-~ The RWQCP may wish tQ--· .. ...i.mprove the cost-effe-ctiveness and
performance of the existing incinerators. If suc~ service is
required I the consultant may be requested to perform the
service.
P-2 upon completion of the Plan l staff anticipates that the Cit r
.. ill review and make decisions on the recommendations of the
Plan. The city may wish to proceed 'With some of the
reco~endations and may require Consultant's assistance. If
Consultant assistance is required and depenaing on the nature
of the recommendations, the City may take the following step:
Recom~~.ation resulti_os-in minor rnodj,ticatio., or $_t.lJ_4U If
the City decides to proceed lJith a recommendatio'1 that results
in minor modifications to the existing facilities or further
study, the City may request the consultant to perform the
design for the modification or p2rform the study as additional
services under this Agreement.
proqress payments for Consultant services shall reflect the amount
of effort and percent completion based on the fee schedule, Exhibit
B~ The cumulative payment shall not exceed the completed percent
of the total project fee based on the completed tasks or
deliverables.
A-6
,:",'I\':j;.:,;:; ,i·n~'f;l'i:~~'.;::'fm~~tfiIW' ',"~ I
SOLIDS MANAGEMENT PLhN
D, STARK I CONSUL1'ANT
Schedule Name
Responsible
As-of Dato 26-0ct-9J Schedule Fil~
93
start End Nov Task Name Date Oate 1
REVIEW BACKGROUND l-Dec-93 )O-Dec-93
EVALUATE EXIST'G FACILITIES 8~Dec-9J l1-Jan-94
SHORT-TERM COMPL, REPORT DUE I-Feb-94 I-Feb-94
SCREEN CONCEPTUAL OPTIONS 8-DeC-93 Il-Jan-94
DEVELOP VIABLE OPTIONS 11~Jan-94 ]-Mar-94
PREPARE DRAFT PLAN )-Mar-94 4-Apr-94
DRAFT PLAN DUE 4-Apr-94 4-Apr-94
REVIEW DRAFT PLAN 4-Apr-94 25-Apr-94
FINALIZE PLAN 25-Apr-94 25-May-94
FINA.L PLAN DU;;; 2-Jun-94 2-Jun-94
SOLIDS
94
Dec Jan Feb Mar Apr May Jun
29 1] 10 31 ,. 21 4 2 31 27 ,-
•
• -
•
----------~---------~--------------------~----------------------------~----------------------..... Detail Task •• ~5. Summ~ry Task 00 ••• Baselihe
Conflict ..... (Progress) ~~~ •• (Progress)
-----(Slack) .~~--(Slack) •••
Prog~ess shows Percent Achieved on Actual
------------------Seals: 4 days per character
TIME LINE Gantt Chart Report, Strip 1
... Resource delay
-'. Milestohe
----------------------------------------------
ft
I~i)
• 9
EXHIBITB
CITY OF PALO .. '\LTO
SOLIDS MANAGEMENT PLAN
FEE SCHEOULE
TA.S~l)
TASK P PM PE E 0 wP TerrAL BUDCET[$)
A. Review Background/Regulatory
.Requ:trenu:nts 12 40 16 68 $1.1,634
8. Evaluate Ex1stJ.ng Facilities 40 16 16 73 12,903
C. Identify/Screen Conceptual
S'OSnhdS OptiOns 8 40 16 65 6.606
D. Develop/Evaluate Viable
Alternatives 2 16 64 48 32 10 172 16,497
E. Preparation of Draft Solids
ManagemcntPlan • 28 100 20 52 42 246 23.417
F. l'IqlaratJon of Flnal Sollds
Management Plan 4 20 • • e 40 4.701
C. Project Management M .§.Q 2§ B 10 ill $24.042
'IOTAI. LABOR 46 18B 338 120 120 70 882 $99 ,BOO
p = Partner PM = ProJ~ct Manager PE 0; Project Engineer
E = Engine!!! D ; Draftsman v.rp = Word Proce~r
1. ApprOXImate working budget fo .. each task. tnc1udes JCE labor (Inc., overhead).
$ubc-onsultant. direct cos~ le.g .• prtnUngl and professiOnal fel!.
EXHII!1TB
ICOI1tinued)
JOHN CAROLLO ENGINEERS
FEE SCK£DULE
Nt of March 1. 1993
Walnut Creek Office
Eng!Deers/Sdentlsts lEIS)
IEISI VITI
1E151 VII
lEIS) Vi
lEIS) V
{E/Sj IV
lEIS) ru
IE/S) II
IEiSI I
~AJd .. IEA)
lEAl vn
lEA) VI
lEA) V
lEAl IV
lEAl ill
lEA) II
lEA) I
EngLneertng Tecbnlctans lET]
IE"Il vn
IE"Il VI
IE"IlV
lET] IV
IE"Il ill
lET] II
lET} I
Support Staff
CloncaI
Word Processor
omccAides
Ccmpute:r
COmputer EqUipment {PC)
CAD lPro<:ess1ng TIme)
Word Processor (Processing Time)
Travel and SubSistI!!llce
Mll~ge
5 Llbconsultant
Ot:her 01reet Costs
Hourlv Rate
$)30.00
125.00
120.75
110.75
101.75
90.00
79.50
70.50
64.50
94.00
78.25
54.25
46.7S
35.00
7S.7S
70.25
63.25
55.25
48.50
37.75
36.50
53.00
23.75
10.00
15.00
10.00
at cost
.35/m.!le
Cost ... 10%
Cost +-10%
EXlIlBJTB
(Continued)
CITY OF PALO ALTO
SOLIDS IIIAI'<AGEKENT PLAN
OVEIIJILL BUDGET ESTD4ATE
tABOR
Classification
Partnet1PI
Project Manager[PM}
PrqJed EnglneerfPEJ
Engl.neenEJ
DraftspezsonlDJ
WOid Processo.r{VIrpJ
SUBCONSULTANTS
Subtotal Labor
Cross/TcssitOre & Associates
Markup ill 10%
Total Subconsultant
DIRECT COSTS IDC5J
46
188
338
120
120
2Q
882
1. M.I.leage @ O.35/nuIe (I6 tI1ps1 til! 70 mile/roundtrip
2. Pnntlng
3. Word ProcesSing Computer (70 hours@ $lDlhou.)
4. Englneertng Computer 32 hours CI $tO/hour
~
$130.00
120.75
101.75
90.00
78.75
53.00
Total Labor
$8.500
_ 850
$9.350
$392
2,000
700
320
Total DC's $..1,412
Amount
$ 5,980
22,701
34.392
10.800
9.450
3110
$87.033
TOTAL SlJBCQNSl.:"LTAVf $9,350
TOTALDCs ~
TOTAl PROJECT = $99.795
Compensation for additional services shall be computed based on time and
expenses, not to exceed $15,000.00
-_.
.-
L"OMPANlES MFOiWJNG CO\'EJtACE
•
•
c
CN.
~.TO<=PnUT"TWooIII'TS 1Ion.IaD(W~unDI ~ IUo\'C aa;:-.; ~TOl'1G-...zu "-UCID.-..on n:ut1"Ul: rouc:-.'I"!UQO
~~~ 4I'IT"QI =q.'TDliIIa.!.1JNDITIOIII!~.uq"~o-.Cl'T'iIU.~WTt.IlGftc;:"T1'01'I'WIQIna
~JlU.y .. -.a.""""I'...,....tDt,. n.~ UftIDaInTBI POUdD~ ~.M.II./k'TTO..w.. 11a;TDNS.
~ AM)~Wwua:l'OUClD.. t.DIIn~ 'lOlA" 'ao\'" aJ:H nDlII:SD W, .... a...o.J.W5.
D£SalJ'nON OF 0I'!ltA.~11ONSNDD:Cl..ESiSl"ECL\L!lDdS
U: All.l'R:()ft;Cf'5. C'EIl':rtF)Cil1'E-HOL~ 15
NAMED AS .ADDrJ'1(»iIA.LINSURED BUT ONLY AS 1t£SPIICTS WOIUC PfII.FORMED IY THE
14.Q51) 1NSUIlED.
PALO Al.:ro J.fQIOMAL WATER
QUAUn' cotmtoL J'U2'ooT
llOl DllAaCADEIlO WAY
PAlO ALTO, CA M:Jm
1"00" -=0 'M
q' nrq= ..
PART n -SUPPLEMENTS TO FORMS SECTION 00410 (RFPj
CERTIFICA TION OF NONDISCRIMINA TION
Ccrtific§tlqn of Nondiscrimination; As suppliers of goods or services to the City of
Palo Aho, the firm and individuals listed below certifies that they do not discriminate
in employment wfth regards to age~ race. color~ religion. nationat origin~ ancestry.
d!sabilitY. Of sexual preference; that they arE in compliance with all Federal. State and
k>ca! directives aOO executive orde!'s regarding nondiscrimination in employment; and
that they agree to demonstrate positively and aggressively the principle of equal
opportunity in employment.
The Proposer agrees speclficafly:
'.0 To es.tablish or observe employment policies which affirmative1y promote
opportunities for minority persons at ~II job levels.
2.0 To communicate "this policy to alt persons concerned. ~ncluding all
employees, outside recruiting services, especial!y those serving minority
communities, and to"the minority communities at large.
3.0 To take affirmative action steps to hire minority employees within the
organiza tion.
4.0 To be knowtedgeable of the local, state. and federal laws and regulations
concerning affirmative action poticies and provide oppor1uflities for
emplovees.
F~m: __ ~J~oh~n~C~a~r~o~l~lO~E~n~g~i~D~ee~r~s~~(~J~C~E~) ________________________ ___
mle of Office, :t)i1~ par;""r;
Signature .~I\, 51 ~
Date October 12, 1'993
Please include any additional information avallabre regarding equal opportunity
employment programs now in effect within your company.
For~your review ,.,e have included Ollr Affirmativ~ Action Program on the follo'"'f.ng
pa.g~s~
END OF SECTION
CITY of PALO At TO: Non-discriminalion (51931 SECTION 0041 O(RFQ)· i
•
APPENDIX A. Continued
EMPLOYMEN'f DATA
March, 1992
LOCATIO':; Wnlnut Creek, CA I ,
~
Tolal En2plf);tce!! Mlnor1ty Groll~ Em~l~ccs
Male Fem(lle -.
While 111;'1'11 Aslnn An,ertn'n Whlto,' IIhl~k IuIllI.n AnlC'rtclin .... of IttlmLc
Till,,' (Not ar INDtof . , ,,,dian or (Nol .. r (Nn. Df "' ImJumor "",,fWVI'''''l MlnoI1U~ •
J.b l",h".,"'1 T .. t.,' 'Jnl.,1 111~flllnk I h~f1o~nl" ""rln .. AIMk"" lU~pn"l .. 1115["",1<: (',IC-In ... AI~II"," .. r.Jcl;:'. ..fJCE' •
Cnh'Sf2!!t:.! ~.-.!~:!: ~I.!~_ ~~~~ OrlJitnl !!..~ 1I1Ip.lnl£ 1,lilnd .. , NallyI' Ortellli 2.~ ~.::!.!!.!£ !!!:!.",I<'r Nnll~..: W(,lrkr.)~~ Wa,\(fol't'.!:
Om<.:wb
" Milnnl!rn. • 7 0 0 0 0 0 0 0 0 12.50 12.50
l·fOr ... •
aloM.11l "' O. 'S 7, ," • " 0 0 • 0 ](i,07 23.21
TedmlClQII. .7 30 " ,. e II 0 • 0 • 0 ~J.40 42.5!)
Offi('e &:
~ 2' ..! !! .1 .[ 2 ! 2 a.! ! Q .[ 2 87.10 12.90
Total lOS 14' 57 •• 7 • ,. • .S • u 0 28.79 25.76("-D ,-\~,
,l
APPI'"-lIOIX A. Conllnue<l
EMPI.oYMENT DATA
M,U'ch. 1992
LOCATION: Phl)enix, A2
)-Tutal Emplnyeea Mlnor1ly Croup Emr,loyt'e$
Molle Femnl(!'
Wldt!:! IlIm:k ,.,.IIm AmctlciU"l While t,IlIdl; "'M AtIW!JWW\ ~ oiEthnlc
T .. ", INnlof (Not or ., InrJIIln or INol Df {Nol r.f " Indllll'l ur' 4Itioorwomc!1I IttlnortH".,
Jo' IncludIng Trow T<;lhd 111~pnnlc J 11.,lIlnll! Pllcln", It.l\alllll\ IIll!.pGnk. IIhlpanll! Pru:lflc AIWIkArl 'If JCE", {lr';CE',
Call'j!OnCa ~ ~ ~·l·.n~!O ongllli ~g!nl ~~ !!illL~ Orlgtnl O"&;lnl 111.[,:11111' ~ !'roUvc WGlkf0l!'! ~
Official,
& Manl'l!;erl 6 & 0 • 0 0 0 0 0 0 0 0 0 .00 .00
l',lOkl-
Ilonnlll •• 50 0 .. 0 , , 0 • • 0 0 16.25 11.00
1CchnlclD." " 24 7 20 0 • 0 0 7 0 0 0 0 2::.£.56 12.90
OJlke&
r;1r:fl'"'ll1 1..~ .! ~ ~ 2 .. ~ ! ~ 2 ~ Q ! 62.61 17.:m
TolAl '" '" .. 72 0 7 , 3\ 0 • 29.00 12.71 e
·, •
APPENDIX 5
,ICE COMPARISON TO AVAIlABLE WORKl'ORCE DATA
March. 1992
l.OCATION: All Orne ••
Maricopa County. AZ
C(mlra Costn Counly. CA
'-Or;]n~e County. CA
J! !DBD 1992 -
% o(Elhn(~ %ofrcHmtc
MJnorttles Minorities
Job of Available o(JCE's
&@If!goT1es Workforce Workforct':
Omc1als
& Managers 9.49 5.26
Profes-
810nals 11.07 20.43
TechnIcian 16.74 31.53
Office &
Clertcal 16,2.0 17.33 (IXl'
Total SlnlT 13.76 22,07
'---I
APPENDtX B. Continued
JCE COMPARISON TO AVNI.AIlLE WORlU'ORCE DATA
March. 1992
-
LOCATION: Santa Ana OITIce
Orllnge County, CA
-
1980 1992
% of EthnIc % oCf:lhnlc
---I
Minorities Mlnorll!c8
Job or AvaUable of JCf.:'s
~gtegortes Workforce WorU!'.!S!
Omcwls
& Manag~rs 10,01 .00 i
Profes-
61OfI.ll!5 15.50 23,73 ,
'technJctan 22,46 33,33 I
Omce&
Clerical 15.46 '23.8l ,
Total Starr 19,50 '25.2 \ ({~ "'
I
. -----I
-
..
APPENDIX B. ConUnued
JCE COMPARISON TO AVAll.ABLE WORKFORCE DATA
March. 1992
LOCATION: Walnut CreeJt OiTlcc
Contra Cogis county. CA
.980 1992 -1ll!
% of Elhntc % ofelhnlc
MinortUcs Minorillen
Job of Avnttable of JCE'&
~att!gQrfeg WQrkfo~ Workforce
OmCl8lS
&. Manngers 11.22 12.50
f'rofes-
6\ona\5 17.9Q 23.2\
Technician 18.99 42.55
Omcc&
Cler1ca1 23 •• 9 12,90
Towl Staff 20.68 25.76 r.~
-----_._---------_ .. -
'~.
APPENDIXC
Annually. or as Ireiluemly as John Car.ano Eng1.neers dt1'!ms neces5ar./. Jong-rang~ goals and a
timetable far-implementing these goals will be re .... lewed and reestablIshed. TIle Jot> categortc'S
arc as follows:
l} OITlclals and Mar.agers: John CaroDo En~lnec:rs is a General P,utnershfp and. therefore.
aU cfficUils are, by de!1n.I.Uon. prtnclp-a1s cf the f1rnl.
2) Professionals: U.S. Department of t.abor. lnd"~"( of <kcupatlans. rncludes lhe category of
Engineers, Archlt~ts and Surveyors. Pr::IfesSlonais wtthln tho:: ccnte.."<t. of thts Aff1nIlat..'Ve
Action Plan are restricted to those occupations and include an praCtiCing engineers.
architects and surveyors within the fu-m. ~ven if they wOuld otl:!envtsc be categOl1z.ed;u
managers.
31 Tel'.!hn!clans: The Depanment oi Labor lists e~~neer'..ng and .elated technologiSts and
technlctans under thelr indu of occupations; wIthin JCE. the category of tect'.nicians
1nclud~ those occupations.
4) Offk~ and Clencal: Represents all administ.ratlve support persoIU".el who are not
otherwise technic1ans, profesSlonills, or offiCials.
LONG RANGE GOALS
The category of OfficIals and Managers for John Ca:rollo Engineers shows a deIlc!t in ethniC
m1r.o~ues. However, SInCe th1s Job c-a'egory is exc1uS1Ve1y asstgned. tl) owners of the firm. and
since the partnership draws Us membership from the staff of the !Jrm. JCE has. and will
cndeavor to buUd and malntaln an approprtate e~hruc dlstrtbuuon wtthin the sta!I to etmform
with its expressed and formal des1re to coruonn fully with an affirmative action requfrcments.
However. It 15 1mportaIjt to recognU:e tha.t elevating staff personnel to the position of ownt:r or
ptlnclpal of the firm cannot be dependent on ethnic parity but rather the personal
quallftc:auons oflhe indlviduah;· 5elected for partnershJp responslbWties..
The only other Job category showJ.ng a deficit ts contained on Appendix B l\ValI'l.I.':'. Creek Office),
OffiCe and Clerical. Our goal will be to parallel the ethnic balance cof ava!.lable workforce by
increasing m1nonty ~ar.Jclpauon and addlng thre~ indn.1duals to this category.
TIMETABLE
Under the circumstances. it would seem appropnate to meet the above goal by aIf:trrnatJvely
seeldng qualifIed workers of etnn.ic: background as positions become ava!.lable in the category of
OfIlc-e and C!ertcal as shown on AppemHx B {Walnut Creek OITlcei wlthl.n. lhl! m: ... 'd three to five
yean;.
1.
•