Att 2 LWA Contract PCB-125 052125 — San Pablo City Council, June 2, 2025 (part 1 of 3)

Updated: 3/25 Page 1

CITY OF SAN PABLO

AGREEMENT FOR CONSULTING SERVICES
Project No.PCB-125/ Agreement No. 1

THIS AGREEMENT (“Agreement”), effective the 2nd day of June, 2025 (“Effective Date”), is by and between the City of San Pablo, a municipal corporation organized and existing under the laws of the State of California, ( “City”), and Larry Walker Associates, Incorporated, a California Corporation, (“Consultant”) (individually, a “Party,” and collectively, the “Parties”).

RECITALS

WHEREAS, the City desires to engage a consultant to provide support in the achievement of the SF Bay polychlorinated biphenyls (PCBs) total maximum daily load (TMDL) wasteload allocation by optimized and focused PCB control measures, supporting the Phase I and Phase II NPDES permit requirements for the PCB TMDL, and grant management services to the City (“Services”) as further set forth in this Agreement;

WHEREAS, the City desires to engage a consultant who will act at all times in the City’s best interest and will respect the trust and confidence placed in that consultant by the City; and

WHEREAS, Consultant has represented to City that Consultant has the special training, skill, competence and expertise necessary to provide the Services needed by the City; desires to enter into this Agreement with the City as an independent contractor; and is willing to provide the Services on the following terms and conditions.

NOW, THEREFORE, Consultant and the City agree as follows:

TERMS AND CONDITIONS
(1) Scope of Services.

A. Scope of Services. Consultant agrees to provide the Services to the City as specified in, collectively, the scope of services set forth in the City’s Request for Proposals, dated March 25, 2025 and any addenda thereto (“RFP”), attached as Exhibit A and incorporated herein, and the scope of services set forth in Consultant’s proposal dated May 1, 2025 (“Proposal”), attached as Exhibit B and incorporated herein. In the event of any conflict or inconsistency between any of the terms of the RFP, the Proposal, and this Agreement, the terms most favorable to the City will prevail. Any services not encompassed in this Section (1) are additional services (“Additional Services”) subject to prior written authorization by the City, as further specified below in Section (3), “Additional Services.”

B. Quality of Performance. Consultant will provide the Services and any authorized Additional Services in accordance with the standards of its profession; in accordance with the terms, conditions, and objectives of this Agreement; and in a manner satisfactory to the City Manager or his or her authorized delegee (“City Manager”). Consultant represents that it possesses the necessary skills, background, and licenses to perform the Services or Additional Services. Consultant is solely responsible for the quality and suitability of the Services it provides pursuant to this Agreement. If , during the course of this Agreement, the City Manager notifies Consultant that the Services are not satisfactory, in whole or in part, Consultant will promptly take the corrective action required by the City Manager, at no extra cost to the City. Failure to promptly take such corrective action constitutes a material breach of this Agreement and cause for Updated: 3/25 Page 2
termination in the City’s discretion. This standard of care will not be construed to impose a mandatory duty on the City within the meaning of Government Code section 815.6. The City’s acceptance of Services performed under this Agreement will not operate to waive or release Consultant’s obligation under this paragraph.

C. Time is of the Essence. In the performance of this Agreement, time is of the essence. Consultant must be available to begin providing the Services upon the Effective Date of this Agreement, and must complete the Services within the time specified in Section (4), “Effective Date and Term.”

D. Primary Service Provider . The City has approved of Elizabeth Yin as Consultant’s primary provider of the Services under this Agreement, and no other person will be accepted as the primary provider of the Services without the City’s prior written consent.

E. Labor Code Compliance. If the Services are “public works” services as defined in Labor Code section 1720 et seq. and the Agreement is for an amount greater than $1,000, the Agreement is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, beginning at section 1720, and the related regulations, including but not limited to requirements pertaining to wages, working hours and workers’ compensation insurance.

Consultant must also post all job site notices required by laws or regulations purs uant to Labor Code section 1771.4.

1. Prevailing Wages: Each worker performing Services under this Agreement that is covered under Labor Code section 1720 or 1720.9, must be paid at a rate not less than the prevailing wage as defined in sections 1771 and 1774 of the Labor Code. The prevailing wage rates are on file with the City and are available online at http://www.dir.ca.gov/DLSR
. Pursuant to Labor Code section 1775, Consultant
and any subconsultant will forfeit to City as a penalty up to $200 for each calendar day, or portion of a day, for each worker paid less than the applicable prevailing wage rate, in addition to paying each worker the difference between the applicable wage rate and the amount actually paid.

2. Working Day: Pursuant to Labor Code section 1810, eight hours of labor consists of a legal day’s work. Pursuant to Labor Code section 1813, Consultant will forfeit to City as a penalty the sum of $25 for each day during which a worker employed by Consultant or any subconsultant is required or permitted to work more than eight hours during any one calendar day, or more than 40 hours per calendar week, unless such workers are paid overtime wages under Labor Code section 1815. All Services must be carried out during regular City working days and hours unless otherwise specified in the scope of services or authorized in writing by City.

3. Payroll Records: Consultant and its subconsultants must maintain certified payroll records i n compliance with Labor Code sections 1776 and 1812, and all implementing regulations promulgated by the Department of Industrial Relations (“DIR”). For each payroll record, Consultant and its subconsultants must certify under penalty of perjury that the information in the record is true and correct, and that it has complied with the requirements of Labor Code sections 1771, 1811, and 1815. Unless the Agreement is for an amount under $25,000, Consultant must electronically submit certified payroll records t o the Labor Commissioner as required under California law and regulations.

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4. Apprentices: If the amount of the Agreement is $30,000 or more, Consultant must comply with the apprenticeship requirements in Labor Code section 1777.5.

5. DIR Monitoring, E nforcement, and Registration: The Services are subject to compliance monitoring and enforcement by the DIR pursuant to Labor Code section 1725.5, and, subject to the exception set forth below, Consultant and any subconsultants must be registered with the D IR to perform public works projects.

The registration requirements of Labor Code section 1725.5 do not apply if the Agreement is for an amount under $25,000.

(2) Compensation. As full compensation for the satisfactory and timely performance of the Services as specified in Section (1), “Scope of Services,” and the attached exhibits, City hereby agrees to pay Consultant a sum not to exceed Seven Million Eight Hundred Thirty Thousand Dollars ($7,830,000) as follows:

Consultant will be paid all undisputed amounts within thirty (30) days of City’s receipt of detailed invoices for Services provided to the City Manager’s satisfaction during the preceding calendar month. Invoices must include all of the information contained in Section (7), “Billings,” below. Each invoice must be signed by an authorized representative of Consultant, verifying that the invoiced Services have been perform ed. Consultant will not be entitled to compensation for Additional Services, as defined below in Section (3), unless authorized by City in writing in advance, and memorialized in an amendment to this Agreement executed by the authorized representatives of each Party. This Section (2) supersedes any conflicting or inconsistent provisions in the Proposal.

(3) Additional Services. In addition to the S ervices included in Section (1), “Scope of Services,” the Parties may from time to time agree that Consultant will provide Additional Services for additional compensation, as authorized by the City Manager. The nature and scope of the Additional Services, including the time for performance and terms for mutually agreeable additional compensation must be memorialized in a writing, executed by both Parties, as further specified in Section ( 25), “Amendments,” before Consultant may begin providing the Additional Services. Consultant will not be entitled to compensation for any Additional Serv ices performed without a written amendment to include the Additional Services in this Agreement. If Consultant believes that services that it is directed to perform by City are not included in Section (1), “Scope of Services,” Consultant will promptly notify the City in writing of the basis for this belief. If the City agrees that the subject services are not included in Section (1), “Scope of Services,” the Parties will promptly execute a writing to authorize the services as Additional Services for mutually agreed-upon additional compensation. Except as otherwise specified in the written authorization, all Additional Services are subject to the same terms and conditions as all Services under this Agreement, including, billing, record -keeping, reporting, ins urance, indemnity, and compliance with all applicable laws and standards.

(4) Effective Date and Term. The term of this Agreement (“Term”) begins on the Effective Date set forth above, and expires on December 31, 2029. If the Term expires later than the end of the City’s fiscal year, the continuation of the Term into the next fiscal year will be contingent upon the City’s lawful encumbrance or appropriation of new funds for the Agreement.

(5) Assignment and Subcontracting. A substantial inducement to City for entering into this Agreement was, and is, the reputation and competence of Consultant. The assignment or subcontracting of this Agreement by Consultant, or any interest therein, is prohibited without the prior written approval of the City Manager. The City has authorized Consultant to use the following Subconsultants/Subcontractors as specified:

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Subconsultant/Subcontractor Name Subconsultant/Subcontractor Services EOA
Geosyntec Consultants
Stone Creek Environmental
Applied Marine Sciences
Integral Consulting
Northgate Environmental Management
TMDL mapping, monitoring and planning
TMDL mapping, monitoring and planning
TMDL mapping, monitoring and planning
TMDL monitoring and assoc. services
TMDL monitoring and assoc. services
TMDL monitoring and assoc. services
(6) Independent Contractor Status. It is expressly understood and agreed by the Parties that Consultant, while providing Services pursuant to this Agreement, is an independent contractor and not an employee of the City. Consultant is solely responsible for the means and m
ethods by which it provides the Services. Consultant is solely responsible for all matters relating to the payment of its employees, including compliance with social security, withholding tax and all other laws and regulations governing such matters. Consultant is solely responsible for its own ac
ts and those of its agents and employees during the T erm of this Agreement. Consultant will not represent, at any time or in any manner, that Consultant is an employee of the City. Consultant will exercise its judgment in recommending to City the methods by which to accomplish City’s objectives and needs. Consultant acknowledges that the City will provide no training. Consultant will provide whatever tools and materials that are necessary to complete a client engagement.

Consultant is free to accept, and has accepted in the past, other client engagements. Consultant is responsible for purchasing, bringing, providing, and controlling any and all equipment, tools, instruments, etc. needed for completion of the Services set forth herein, as well as for maintenance and use of such equipment. It is understood that Consultant is hired on a temporary basis only, and that if the City and/or Consultant desires to continue Consultant’s services after expiration of the Term or termination of this A greement, Consultant must enter into a new agreement.
(7) Billings. Consultant's invoices must include the following information: (a) a brief description of Services performed, including any Additional Services; (b) the date the Services were performed; (c) the number of hours spent and by whom ; (d) the current Agreement not-to- exceed amount; (e) the amount previously billed; (f) the total paid to date; (g) the outstanding balance due, if any; (h) the current invoice amount; (i) total amount billed against the Agreement to date; (j) the remaining balance of the not-to-exceed amount; and (k) the Consultant’s signature.

Except as specifically authorized by City, Consultant will not bill City for duplicate Services performed by more than one person. Consultant may not submit any billing for an amount i n ex
cess of the maximum amount of compensation authorized in Sections (2) and (3), above .

Consultant is solely responsible for its office and overhead costs, including furniture and equipment rental, supplies, salaries of employees, telephone calls, postage, advertising, and all other expenses incurred by Consultant in the performance of this Agreement. (8) Advice and Status Reporting. Consultant will provide the City with timely reports, orally or in writing, of all significant developments arising during performance of its Services, and provide the City with information as is necessary to enable City to monitor the performance of this Agreement, including statements and data demonstrating the effectiveness of the S ervices provided in achieving the City’s express goals and objectives. The City may withhold payments otherwise due to Consultant pending timely delivery of all such reports and information.

Consultant will promptly notify the City Manager of any matters that could adversely affect Consultant’s ability or eligibility to continue to provide Services under this Agreement.

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(9) Retention of Records. Consultant’s complete files, including all records, employee time sheets, and correspondence pertaining to the Services will be available for review by the City upon request, and copies of pertinent reports and correspondence will be furnished for the City’s files upon request by the City. Consultant will maintain adequate documentation to substantiate all charges for hours and materials charged to City under this Agreement. Consultant will maintain the records and any other records related to the Services or this Agreement and will allow City access to such records for a period of four years after the expiration of the Term or termination of the Agreement. At City’s request, or upon expiration or termination of this Agreement, Consultant will return to City all plans, maps, cost estimates, project financial records, reports, and related documents. All research information, plans, diagrams, financial records, reports, cost estimates or other documents prepared or obtained under the terms of this A greement will be delivered to and become the property of the City and all data prepared or obtained under this Agreement will be made available, upon request, to the City without restrictions or limitations on their use . This Section (9) will survive expiration of the Term or termination of the Agreement.

(10) Written Reports and Documents. In accordance with Government Code section 7550, if the total compensation paid to Consultant under this Agreement exceeds $5,000, any document or written report prepared by Consultant for or under the direction of City will contain the numbers and dollar amounts of all contracts and subcontracts relating to the preparation of such document or written report. The contract and subcont ract numbers and dollar amounts shall be contained in a separate section of such document or written report. When multiple documents or reports are the subject or product of this Agreement, the disclosure section may also contain a statement indicating that the total contract amount represents compensation for multiple documents or reports.

(11) Record and Fiscal Control System. Consultant will maintain its financial records and fiscal control systems in a commercially reasonable manner. Consultant will maintain personnel and payroll records to adequately identify the source and application of all received funds; withhold income taxes; pay employment taxes (including Social Security), unemployment compensation, worker's compensation and other taxes as may be due. Consultant will maintain an effective system of internal control to assure that funds provided through the City are used solely for authorized purposes.

(12) Access to Records; Audits . The City will have access at any time during normal business hours and as often as necessary to any bank account and books, records, documents, accounts, files, reports, and other property and papers of Consultant relating to the Services to be provided under this Agreement for the purpose of making an audit, review, survey, examination, excerpt or transcript.

(13) Consultant’s Testimony. Unless the Services include serving as an expert witness, Consultant agrees to consult with City and testify at City’s request at no additional cost other than normal witness fees if litigation is brought against City in connection with Consultant ’s Services.

This Section (13) will survive expiration of the Term or termination of the Agreement.

(14) Assignment of Personnel . Consultant will only assign competent and qualified personnel to perform the Services. If City asks Consultant to remove a person assigned to the Services, Consultant agrees to do so immediately regardless of the reason, or the lack of a reason, for City's request.

(15) Insurance. Before it may begin performing Services under this Agreement, Consultant must procure and provide proof of the insurance coverage and endorsements required by this Updated: 3/25 Page 6
Section in the form of certificates and endorsements acceptable to City. The required insurance must cover the activities of Consultant and its subconsultants or subcontractors relating to or arising from the performance of the Services, and must remain in full force and effect at all times during the Term of the Agreement. All required insurance must be issued by a company licensed to do business in the State of California, and each such insurer must have an A.M. Best’s financial strength rating of “A” or better and a financial size rating of “VII” or better. If Consultant fails to provide any of the required coverage in full compliance with the requirements of this Agreement, City may, at its sole discretion and in addition to any other remedies, purchase such coverage at Consultant’s expense and deduct the cost from payments due to Consultant, suspend performance of the Services under the Agreement, or terminate Consultant for default. The procurement of the required insurance will not be construed to limit Consultant’s liability under this Agreement or to fulfill Consultant’s indemnification obligations under this Agreement. If coverage limits carried by Consultant exceed the minimum limits specified below, the higher limits will be deemed to be required by this Agreement.

A. Policies and Limits. Consultant must procure and maintain the foll owing insurance policies and limits at all times during the Term of this Agreement:

1. Commercial General Liability Insurance (“CGL”): The CGL policy must be issued on an occurrence basis, written on a comprehensive general liability form (CG 00 01), and must include coverage for liability arising from the operations of Consultant or its subconsultants or subcontractors in the performance of the Services, including products and completed operations, property damage, bodily injury and personal and advertising injury with limits of at least $2,000,000.00 per occurrence. General aggregate limit shall be twice the required occurrence limit .

The CGL coverage may be arranged under a single policy for the full limits required or by a combination of underlying policies with the balance provided by excess or umbrella policies, provided each such policy complies with the requirements set forth herein.

2. Automobile Liability: The automobile liability policy must provide coverage of at least $1,000,000.00 combined single-limit per accident for bodily injury, death or property damage.

3. Workers’ Compensation Insurance and Employer’s Liability: If the Consultant has employees, t he policy must comply with the requirements of the California Workers’ Compensation Insurance and Safety Act, providing coverage of at least $1,000,000.00, or as otherwise required by law.

4. Professional Liability: The professional liability insurance policy must insure against the Consultant’s errors and omissions in the provision of Services under this Agreement, in an amount not less than $1,000,000.00 combined single limit.

Any deductible or self-insured retention may not exceed $50,000. The professional liability policy must include prior acts coverage suffic ient to cover all Services provided by the Consultant for this Agreement, and the coverage must continue in effect for five years following final payment to Consultant. The following provisions apply if the professional liability policy is written on a claims-made form:

a. The retroactive date of the policy must be shown and must be on or before the Effective Date of the Agreement.

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b. The insurance must be maintained and evidence of insurance must be provided for a continuous period of at least five years following expiration of the Term or termination of the Agreement, whichever occurs first.

c. If the coverage is canceled or not renewed and is not replaced with another claims-made policy form with a retroactive date that is on or before the Effective Da te of this Agreement, Consultant must provide extended reporting coverage for a minimum of five years following expiration of the Term or termination of the Agreement, whichever occurs first. The City has the right to procure, at Consultant’s cost, any extended reporting provisions of the policy if the Consultant cancels or fails to renew the coverage.

d. A copy of the claim reporting requirements must be submitted to the City before Consultant may begin performing Services under this Agreement.

B. Required Endorsements. The insurance provided by Consultant must include the following endorsements as specified below. The endorsements must be executed by a person authorized to bind the issuing insurer. The endorsements are to be provided on forms provided, specified, or approved by the City. As an alternative to the City’s forms, the Consultant’s insurer(s) may provide complete copies of all required insurance policies, including endorsements.

1. Additional Insured Endorsements : The General Liability and Automobile Liability policies are to contain, or be endorsed to contain, the following provisions:

a. The City, its office rs, officials, employees, and volunteers (“Additional Insureds”) will be covered as additional insureds with respect to all covered liability. This must be provided in the form of an additional insured endorsement to the Consultant’s insurance policy, using form CG 20 10 11 85, forms CG 20 10 10 01 and GC 20 37 10 01, or equivalent approved by the C ity. For design professionals f orm CG 20 07 may be used.

Alternatively, the additional insured endorsement may be provided as a separate owner’s policy that complies with all of the requirements set forth in this Section 15.
b. The inclusion of more than one insured will not operate to impair the rights of one insured against another, and the policies will apply as though separate policies have been issued to each of the Additional Insureds. c. The insurance provided by the Consultant is primary and no ins urance or self-insurance held or owned by any of the Additional Insureds may be called upon to contribute to a loss or defense.
d. Any failure by Consultant to comply with the reporting requirements for a policy will not affect nor abridge the coverage provided for any Additional Insureds.
e. The coverage or endorsement will not contain any limitations on the scope of protection available to the Additional Insureds.

2. Notice: Each insurance policy required by this clause must provide or be endorsed to state that coverage will not be reduced, canceled, or allowed to expire Updated: 3/25 Page 8
without at least thirty ( 30) days advance written notice to the City, unless due to non-payment of premiums, in which case ten (10) days advance written notice is required.

3. Waiver of Subrogation: Each required policy must include an endorsement providing that the insurer will waive any right of subrogation it may have against the City. Consultant hereby agrees to waive subrogation which any insurer of Consultant may acquire from Consultant by virtue of the payment of any loss.

C. Deductibles and Self -Insured Retentions . Any deductibles or self -insured retentions for the required insurance policies are subject to prior approval by the City Manager .

Before beginning performance of the Services, Consultant must disclose the amounts of the deductibles and self-insured retentions that apply to the required policies . If the City Manager determines that the deductible or self -insured retention for any required policy is unacceptably high, at the option of City, (1) the insurer must reduce or eliminate the deductible or self-insured retention with respect to the Additional Insureds, or (2) the Consultant must provide a bond or financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. During the Term of this Agreement, Consultant may not increase any deductibles or self -insured retentions wi th respect to the Additional Insureds, without the prior written consent of the City Manager. The City Manager may condition such consent upon the Consultant procur ing a bond or financial guarantee that is satisfactory in form to the City, guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

(16) Indemnification. The terms and conditions set forth in subsection 16(A) , below, are applicable to this Agreement if the Services to be provided by Consultant are not “design professional” services as used and defined in Civil Code section 2782.8 (architect, landscape architect, engineering, or land surveyor services). The terms and conditions set forth in subsection 16(B), below, are applicable to this Agreement if the Services to be provided by Consultant are “design professional” services as used and defined in Civil Code section 2782.8 (architect, landscape architect, engineering, or land surveyor services).

A. Indemnification by Non-Design Professionals. Consultant shall, to the full est extent permitted by law, indemnify, defend (with counsel acceptable to the C ity) and hold harmless City, and its employees, officials, volunteers and agents (" Indemnified Parties") from and against any and all losses, claims, damages, costs and liability of every nature arising out of or resulting from the performance of this Agreement by C onsultant, its officers, employees, agents, volunteers, subcontractors or sub-consultants, excepting only liability arising from the sole negligence, active negligence or willful misconduct of C ity. Liabilities subject to the duties to defend and indemnify include, without limitation, all claims, losses, damages, penalties, fines, and Updated: 3/25 Page 9
judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution.

1. The duty to defend is a separate and distinct obligation from the Consultant’s duty to indemnify. The Consultant shall be obligated to defend, in all l egal, equitable, administrative, or special proceedings, with counsel approved by the City, the City and its directors, officers, and employees, immediately upon tender to the Consultant of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination of comparative active negligence or willful misconduct by an Indemnified Party does not relieve the Consultant from its separate and distinct obligation to defend City . The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent defense counsel if the Consultant asserts that liability is caused in whole or in part by the negligence or willful misconduct of an Indemnified Party. If it is finally adjudicated that liability was caused by the sole active negligence or sole willful misconduct of an Indemnified P arty, Consultant may submit a claim to the City for reimbursement of reasonable attorneys’ fees and defense costs.

2. In the event that Consultant or any employee, agent, subconsultant or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System ( “PERS”) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, subconsultants or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

3. The review, acceptance or approval of the Consultant’s Services or work product by any Indemnified Party shall not affect, relieve or reduce the Consultant’s indemnification or defense obligations. The provisions of this Section are not limited by and do not affect the provisions of this Agreement relating to insurance.

4. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply.

5. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration, and that these provisions survive the termination of this Agreement.

B. Indemnification by Design Professionals. Consistent with California Civil Code section 2782.8 (“section 2782.8”), when the S ervices to be provided under this Agreement are to be performed by a “design professional, ” as that term is defined under section 2782.8, Consultant shall, to the fullest extent permitted by law, indemnify, defend and hold harmless City, and its employees, officials, volunteers and agents (“Indemnified Parties”) from and against any and all losses, claims, damages, costs and liability of every nature , including reasonable attorneys’ fees and costs, to the extent caused in whole or in part by any negligence, recklessness, or willful misconduct of Consultant, its officers, employees, agents, subconsultants or subcontractors in performance of the Services under this Agreement, but excluding the sole or active negligence or willful misconduct of one or more of the Indemnified Parties. Defense costs Updated: 3/25 Page 10
shall not exceed Consultant’s proportionate percentage of fault, except as set forth in section 2782.8.

1. In the event that Consultant or any employee, agent, subconsultant or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System ( “PERS”) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, subconsultants or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

2. The review, acceptance or approval of the Consultant’s Services or work product by any Indemnified Party shall not affect, relieve or reduce the Consultant’s indemnification or defense obligations. The provisions of this Section are not limited by and do not affect the provisions of this Agreement relating to insurance.

3. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply.

4. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration, and that these provisions survive the termination of this Agreement.

(17) Licenses. If a license of any kind, which term is intended to include evidence of registration, is required of Consultant, its employees, agents, or subcontractors by federal or state law, Consultant warrants that such license has been obtained, is valid and in good standing, and Consultant shall keep it in effect at all times during the Term of this Agreement, and that any applicable bond has been posted in accordance with all applicable laws and regulations.

Consultant, its subconsultants, and subcontractors, will obtain and maintain a City of San Pablo Business License at all times during the Term of this Agreement.

(18) Employment Practices.

A. Employment of Local Residents. Pursuant to the San Pablo Economic Opportunity Policy, the Consultant and any subcontractors shall contact the San Pablo Economic Development Corporation (“EDC”) at [email protected] or 510-215-3200, at least ten business days prior to hiring or staffing for fulfillment of the Agreement, describing number, duties and qualifications needed for available positions, and shall fairly consider for employment any workers referred by the EDC within three business days. “Local Resident” means an individual having an adjusted household income of less than the Area Median Income for Contra Costa County, and domiciled in the City of San Pablo as of the relevant hiring date, with “domiciled” as defined by Section 349(b) of the California Election Code. Discrimination against Local Residents on the basis of their local status is prohibited.

B. Compliance With Law . Consultant represents that it is an Equal Opportunity Employer and shall comply with applicable regulations governing equal opportunity employment. Consultant shall not discriminate in the em ployment of any person Updated: 3/25 Page 11
because of race, color, national origin, ancestry, physical or mental disability, medical condition, marital status, sex, age, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment and Housing Act. Consultant shall comply with all applicable provisions of the Americans with Disabilities Act of 1990 (“ADA”) in performing its obligations under this Agreement. Failure to comply with the provisions of the ADA shall be a material breach of, and grounds for the immediate termination of, this Agreement . In performing Services and providing services under this Agreement, Consultant shall, at its sole cost and expense, comply with all applicable laws of the United States and the State of California; the Ordinances of the City of San Pablo; and the rules, regulations, orders , and directions of their respective administrative agencies and the officers thereof.

(19) Local Subcontracting – Outreach. Consultant shall contact the EDC at [email protected] or 510- 215-3200) at least two weeks prior to any subcontract award, providing notice and details regarding subcontracting opportunity. The EDC shall notify qualified local businesses of subcontracting opportunities, and provide technical assistance to qualified local businesses during the subcontracting bidding process.

(20) Termination.

A. Termination for Convenience. City may terminate this Agreement at its sole discretion at any time prior to expiration of the Term or completion by the Consultant of the Services required hereunder. Notice of termination of this Agreement shall be given in writing to the Consultant, and shall be sufficient and complete when same is deposited in the United States Mail, postage prepaid and certified, address as set forth below in Section ( 37), “Notices.” The Agreement shall be terminated upon the date set forth in the City’s Notice of Termination. If the City terminates this Agreement, the Consultant shall be compensated for all Services satisfactorily performed prior to the time of receipt of cancellation notice, and shall be compensated for materials ordered by the Consultant or its employees, or services of others ordered by the Consultant or its employees, prior to receipt of notice of cancellation whether or not such materials or final instruments of service of others have actually been delivered, provided that the Consultant or its employees are not able t o cancel such orders for materials or services of others.

Compensation for the Consultant in the event of cancellation shall be determined by City in accordance with the percentage of Services completed and agreed to by the Consultant. In the event of cancellation, all notes, sketches, computations, drawings, and specifications or other data, whether complete or not, remain the property of the City . The City may make copies or extract information from any such notes, sketches, computations, drawings, and specifications, or other data whether complete or not.

B. Termination for Cause. City may terminate this Agreement for cause by providing Consultant with one day’s written notice of such termination if Consultant violates any of the terms and conditions of this A greement. In City’s discretion and at City’s option, such termination for cause may alternatively be accomplished, where Consultant fails to perform any of the obligations required of Consultant within the time and in the manner provided for under the terms of this Agreement, within seven days after receipt of the notice of such default. Upon City's termination of this Agreement for cause, City reserves the right to complete the Services by whatever means City deems expedient and the expense of completing such Services , as well as any and all damages to the extent caused by the negligent acts, intentional acts or errors or omissions of the Consultant, shall be charged to the Consultant.

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C. Immediate Termination. City may terminate this Agreement immediately in any case where the Consultant engages in fraudule nt or criminal activities while performing the Services, or is otherwise determined to lack the necessary skills to accomplish the desired objectives.

(21) Ownership of Materials. Any and all documents, including draft documents where completed documents are unavailable, or materials prepared or caused to be prepared by Consultant pursuant to this Agreement shall be the property of the City at the moment of their completed preparation. All materials and records of a preliminary nature such as survey notes, sketches, preliminary plans, computations and other data, prepared or obtained in the performance of this Agreement, shall be made available, upon request, to City at no additi onal charge and without restriction or limitation on their use consistent with the intent of the original design.

(22) Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City's City Manager and approved as to form by the City Attorney. Such document shall expressly state that it is intended by the P arties to amend the terms and conditions of this Agreement.

(23) Abandonment by Consultant. In the event the Consultant ceases performing Services under this A greement or otherwise abandons the Agreement prior to completing all of the Services, Consultant shall, without delay, delive r to City all materials and records prepared or obtained in the performance of this Agreement, and shall be paid for the reasonable value of the Services performed up to the time of cessation or abandonment, less a deduction for any damages or additional expenses which City incurs as a result of such cessation or abandonment.

Consultant agrees to be financially responsible and to compensate City for any costs incurred by City in retaining the services of another to replace Consultant, but only to the extent that the costs of retaining the replacement exceed what remaining amounts would have been paid to Consultant under the Agreement had Consultant completed the Services.

(24) Waiver. The waiver by either Party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement.

(25) No Third- Party Rights . The Parties do not i ntend to create rights in, or to grant remedies to, any third party as a beneficiary of this Agreement or of any duty, covenant, obligation, or undertaking established herein.

(26) Severability. Should any part of this A greement be declared by a final decision by a court or tribunal of competent jurisdiction to be unconstitutional, invalid, or beyond the authority of either Party to enter into or carry out, such decision shall not affect the validity of the remainder of this Agreement, which shall continue in full force and effect, provided that the remainder of this Agreement, absent the unexcised portion, can be reasonably interpreted to give effect to the intentions of the Parties.

(27) Compliance with Laws. In the performance of this Agreement, Consultant shall abide by and conform to any and all applicable laws of the United States, the State of California, and City ordinances. Consultant warrants that all Services done under this A greement will be in compliance with all applicable safety rules, laws, statutes and practices, including but not limited to Cal/OSHA regulations.

Updated: 3/25 Page 13
(28) Controlling Law and Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of Cali fornia, and venue for any legal action arising from or relating to this Agreement will be in the Superior Court of Contra Costa County, and no other place. Consultant hereby waives the removal provisions of Code of Civil Procedure section 394.

(29) Breach. In the event that Consultant fails to perform any of the S ervices described in this Agreement or otherwise breaches the A greement, City shall have the right to pursue all remedies provided by law and equity. Neither payment by the City nor performance by Consultant shall be construed as a waiver of either P arty's rights or remedies against the other. Failure to require full and timely performance of any provision, at any time, shall not waive or reduce the right to insist upon complete and timely performance of such provision thereafter. In the event of any suit, action or proceeding brought by either Party for breach of any term hereof or to enforce any provision hereof, the prevailing party shall be entitled to recover its reasonable attorney’s fees.

(30) Inspection by Other Agencies. Authorized representatives of the Federal Government, the California Department of Transportation, or other government agencies which provide grant funding (if any) for this Agreement and the City have the right to inspect Consultant’s performance of the Services, files, and work product.

(31) Conflict of Interest. Consultant warrants and covenants that Consultant presently has no interest in, nor shall any interest be acquired in, any matter which will render the services required under the provisions of this Agreement a violation of any applicable state, local, or federal law. In the event that any conflict of interest should nevertheless arise, Consultant shall promptly notify City of the existence of such conflict of interest so that the City may determine whether to terminate this Agreement. Consultant further warrants its compliance with the Political Reform Act (Gov. Code section 81000 et seq.) respecting this A greement. Where City Manager determines, based on facts provided by C ity staff, that Consultant meets the criteria of section 18701 of the FPPC regu lations, the individual providing services under this Agreement shall be considered a “designated employee” under the City’s conflict of interest code, and shall be required to complete FPPC Form 700 regarding his or her economic interests in a timely manner.

(32) Copyright. Upon City's request, Consultant shall execute appropriate documents to assign to the City the copyright to work created pursuant to this A greement. The issuance of a patent or copyright to Consultant or any other person shall not affect City's rights to the materials and records prepared or obtained in the performance of this Agreement. City reserves a license to use such materials and records without restriction or limitation consistent with the intent of the original design, and City shall not be required to pay any additional fee or royalty for such materials or records. The license reserved by City shall continue for a period of fifty years from the Effective Date unless extended by operation of law or otherwise.

(33) Whole Agreement . This Agreement constitutes the entire understanding and agreement of the parties. This A greement integrates all of the terms and conditions mentioned herein or incidental hereto and supersedes all negotiations or previous agreements between the Parties with respect to all or any part of the subject matter hereof.

(34) Authority of Parties. Each of the signatories to this Agreement warrants that he or she has the authority to enter into and execute this Agreement and to bind the entity or entities on whose behalf they sign.

(35) Counterparts. This Agreement may be executed in duplicate counterparts.

Updated: 3/25 Page 14
(36) Multiple Copies of Agreement . Multiple copies of this A greement may be executed but the parties agree that the Agreement on file in the office of the City Clerk is the version of the Agreement that shall take precedence should any differences exist among counterparts of the document.
(37) Notices. Notices re quired by this Agreement shall be personally delivered or mailed, postage prepaid, as follows:

To C
onsultant: Sandra Mathews, Vice President
To t
he City:

Larry Walker Associates, Inc.
2246 Sixth St.

Berkeley, CA 94710
City Manager, City of San Pablo
San Pablo City Hall
1000 Gateway Avenue
San Pablo, CA 94806
E
ach Party shall provide the other Party with telephone and written notice of any change in address as soon as practicable. Notices given by personal delivery shall be effective immediately.

Notices given by mail shall be deemed to have been delivered forty-eight hours after having been deposited in the United States mail.
(38) Federal Funding Requirements (if applicable). If this Agreement is subject to federal funding, in whole or in part, it must comply with the uniform federal award procurement requirements set forth in 2 CFR §§ 200.318 – 200.327, as may be amended from time to time, and contain the applicable provisions described in Appendix II to Part 200 – Contract Provisions for non-Federal Entity Contracts Under Federal Awards, which are attached to this Agreement as Exhibit C. In the event of a conflict or inconsistency between Exhibit C, Exhibit D, i f
appl
icable, and this Agreement, Exhibit C will control.

X This Agreement is subject to federal funding. See Exhibit C. ___ This Agreement is not subject to federal funding.
(39) Caltrans Funding Requirements (if applicable). If this Agreement is for architectural and/or engineering services subject to reimbursement or funding, in whole or in part, by Caltrans and administered under the Local Assistance Procedures Manual (“LAPM”), it must include the provisions set forth in Exhibit D, Mandatory Fiscal and Federal Provisions for Architectural and Engineering Consultant Contracts Subject to Caltrans Funding. In the event of any
conflict or inconsistency between Exhibit D and this Agreement, Exhibit D will control. __ This Agreement is subject to funding by Caltrans. See Exhibit D.

X Thi s Agreement is not subject to funding by Caltrans. [
Signatures on following page.]
Updated: 3/25 Page 15
IN WITNESS WHEREOF, Consultant has executed this A greement, and the City, by its City Manager, who is authorized to do so, has executed this Agreement.

APPROVED AS TO FORM: CITY OF SAN PABLO
A Municipal Corporation

By _______________________________ By ___________________________________ Brian P. Hickey, City Attorney Matt Rodriguez, City Manager

Date signed: _______________________ Date signed:___________________________

Larry Walker Associates, Incorporated

By ___________________________________
Sandra Mathews, Vice President

Date signed:___________________________
ATTEST:

By _______________________________ Date signed:___________________________ Dorothy Gantt, City Clerk

Attachments: Exhibit A: Request for Proposals, dated March 25, 2025 Exhibit B: Consultant’s Proposal, dated May 1, 2025
Exhibit C: Federal Contract Provisions

Updated: 3/25 Page 16
Exhibit A
City’s Request for Proposals dated March 25, 2025

DEPARTMENT OF PUBLIC WORKS

ENGINEERING DIVISION

REQUEST FOR PROPOSALS
PCB TMDL Special Studies and
Implementation Project (PCB-125)
March 25, 2025
Proposals Due:

May 1, 2025 by 5:00 p.m.

TABLE OF CONTENTS
A. INTRODUCTION

1. About San Pablo

2. Purpose for Request for Proposals
B. SCOPE OF WORK

1. Project Description

2. Project Background

3. Consultant Services

4. Pre-Proposal Meeting

5. Estimated Cost
C. PROPOSAL REQUIREMENTS

1. Letter of Interest

2. Organization Chart / Personnel

3. Firm(s) Statement of Qualifications

4. Staff Statement of Qualifications or Resumes

5. Project Management and Availability

6. Project Approach

7. Schedule of Work

8. Cost Proposal

9. Method of Payment

10. References

11. Consultant Contract Statement

12. Special Requirements
D. PROPOSAL CONDITIONS

1. Local Employment and Contracting Opportunities

2. Questions

3. General Terms and Conditions

4. Agreement

5. Minority/Women Business Enterprises (MBE/WBE) Participation E. PROPOSAL PROCEDURE

1. Submission of Proposals

2. Selection Process

3. Evaluation Criteria

4. Tentative Schedule
F. ATTACHMENTS
1 City of San Pablo
Request For Proposals
PCB-125 PCBs TMDL Special Studies and Implementation Project A. INTRODUCTION

1. About San Pablo
San Pablo is located in West Contra Costa County off Interstate 80, minutes away from the Bay Area cultural centers of Berkeley, Oakland , and San Francisco. Interstate 80 is the principal arterial route between the Bay Area and Sacramento. The City of San Pablo is nestled between the cities of Pinole and Richmond and by the neighboring cities of El Cerrito and Hercules. Historically one of the oldest Spanish settlements in the region, San Pablo has become a thriving residential and business community with a population of about 32,000 in an area of approximately two and one -half square miles. Additio nal information about the City can be obtained from the City of San Pablo website:
www.sanpabloca.gov.

2. Purpose for Request for Proposals
The City of San Pablo (“City”), on behalf of the Bay Area Municipal Stormwater Collaborative (BAMSC), invites professional engineering, monitoring, water quality, and other consultant services to submit competitive proposals in response to this Request for Proposals (“RFP”). The City seeks proposals for consultant services for the PCB TMDL Special Studies and Implementation Project (Project), a regional project to monitor stormwater for polychlorinated biphenyls (PCBs), perform GIS mapping, control measure planning, and significant project management for regional organizations . Professional disciplines expected to be involved with the project include, but are not limited to : civil engineering, land surveying, electrical engineering, environmental, permitting, geotechnical, water quality monitoring, stormwater modeling, GIS, and project management. Please see Consultant Services (Section B, Item #3) for a full description of the services required.

B. SCOPE OF WORK

1. Project Description
The purpose of the PCBs TMDL Special Studies and Implementation Project (Project) is to support the protection and restoration of the San Francisco Bay (Bay). The Project will continue and expand the implementation of the San Francisco Bay polychlorinated biphenyls (PCBs) total maximum daily load (TMDL).

The overall goals of the PCBs TMDL Special Studies and Implementation Project include:

1. Inform the PCBs TMDL reissuance process prior to 2030.

2. Support achievement of PCBs TMDL wasteload allocations for stormwater.

3. Optimize and focus PCB control measures to improve the trajectory of Bay recovery.

4. Support the Phase I Municipal Regional NPDES Permit monitoring, modeling, and TMDL implementation tasks.

5. Support implementation of the Phase II NPDES Permit requirements for the PCBs TMDL.
2 City of San Pablo
Request for Proposals
PCB-125 PCBs TMDL Special Studies and Implementation Project

2. Project Background
PCBs and other sediment -bound pollutants are found in San Francisco Bay water, sediments, and biota. Concentrations of PCBs in certain fish exceed target levels and may pose a health risk to people who consume fish caught in the Bay. In response, the San F rancisco Bay Regional Water Quality Control Board (Water Board) finalized a comprehensive TMDL program in 2011 to identify and control sources of PCBs in the Bay and restore water quality. The Water Board identified u rban stormwater runoff as one area of p articular concern as it conveys many types of pollutants from the urban landscape to the Bay. Controlling discharges of PCBs in urban stormwater runoff is key to achieving the goals of the PCBs TMDL.

To help address PCB pollution and further the goals of the TMDL, the City of San Pablo is the fiscal lead that submitted a n EPA SF Bay Water Quality Improvement Fund (SFBWQIF) grant application (Attachment 2) and was awarded (Attachment 3) funding on behalf of the public agencies that participate in the Bay Area Municipal Stormwater Collaborative (BAMSC). The BAMSC agencies work together on requirements under the Phase I and Phase II municipal stormwater permits and other regulatory programs including TMDL implementation. BAMSC represents 103 agencies, including 88 cities and towns, eight counties, and seven special districts. Each agency with a stormwater permit is required to reduce PCB loads under the TMDL.

3. Consultant Services
The Consultant (or team of consultants) selected shall provide all services to complete all elements as listed for the PCB TMDL Special Studies and Implementation Project (Attachment 2). Consultants are expected to provide a proposal that outlines a program that meets the below requirements, the intent of the EPA grant (Attachment 2), and stays within the required budget . Proposals can suggest changes to tasks to either enhance the services provided or to keep a task within budget, however, that must be clearly outlined and can either be accepted or rejected by the review team . The Consultant selected will be required to complete the following tasks:

Task 1. Regional PCB Monitoring Program
Countywide stormwater programs and the SF Bay Regional Monitoring Program (RMP) have conducted PCB monitoring in stormwater, urban sediments, and in tributaries to the Bay for over two decades. This task is to support the ongoing monitoring requirements to address the five priority PCB management needs (i.e. source identification, contributions of Bay impairment, management action effectiveness, loads and status, and trends), more information on each of the 5 priority areas is provided in Attachment 2.

Task 1 Scope of Work Items:
o Task 1.1 – Four (4) Small Tributary Monitoring Stations Monitoring o As part of this grant, four (4) fixed monitoring stations (one each in Alameda, Contra Costa, San Mateo, and Santa Clara counties) will be installed. The monitoring stations will support re gional monitoring and PCB modeling in 3 City of San Pablo
Request for Proposals
PCB-125 PCBs TMDL Special Studies and Implementation Project collaboration with the RMP. Specifically, these stations will collect data to support parameterization and calibration of watershed loading models.

BAMSC will lead the physical installation of each station (e.g., pad, enclosure, security, power supply, communications, and installation of gages), and permitting, the construction of the monitoring stations is not part of this RFP, this work will be completed as part of each Phase 1 Countywide program match requirements. In addition, the RMP will be responsible for providing the instrumentation, sensors, and gages.

BAMSC will also be responsible for site and BAMSC sampling equipment maintenance. One station is required to be installed in the first year of th e grant, and the remaining stations will be installed in subsequent years. The Consultant team will meet and coordinate with the Phase 1 Countywide programs to complete this task. Coordination may include assistance in siting and/or permitting of stations , RMP coordination, assisting in the development of any Quality Assurance Project Plan(s) (QAPP) that may be required, assistance in the development of annual Urban Creeks Monitoring Reports (UCMR), or other tasks as determined by Phase 1 Countywide programs.
▪ Deliverables: Assist in the development of Phase I agency monitoring data and analyses which will be summarized in the UCMR prepared by the countywide programs in March of each year during the Project. These reports will be submitted to EPA and made publicly available on the agencies’ websites or via the State Water Board’s S tormwater Multiple Application and Report Tracking System (SMARTS).
o Task 1.2 - Alternative Source Property Investigation
o This task will develop and test alternative source property investigation tools, such as the use of PCB canine detection dogs or other rapid screening methods for PCB identification. Proposers are encouraged to provide innovative ideas for this task with a well-outlined approach.

Proposals should describe the proposed alternative source property investigation method with the
potential needs and benefits.
▪ Deliverables: QAPP(s) in compliance with the EPA QAPP Standard (Attachment 5), sampling plans, technical report(s) that comprehensively assess the sampling and site investigation conducted, and California Environmental Data Exchange Network (CEDEN) compatible submittals. Progress on Task 1.2 will be provided by the consultant to each Countywide Program for its use in annual NPDES reporting. Phase I programs will report on their progress as part of their UCMRs prepared by the Countywide Programs in March of each year during the Project. If applicable, Phase II agencies will summarize monitoring data and analyses in the TMDL Annual Report in October of each year during the Project.

These reports will be submitted to EPA and made publicly available 4 City of San Pablo
Request for Proposals
PCB-125 PCBs TMDL Special Studies and Implementation Project on the agencies’ websites or via the State Water Board’s Stormwater Multiple Application and Report Tracking System (SMARTS).

Task 2. Phase II Permittee PCBs Program Development and Monitoring The Phase II Permittees in the Bay Area are anticipating adoption of a reissued statewide municipal permit near the end of 2025. The reissued permit will contain PCB TMDL requirements for the first time, and permittees will be required to develop and implement 10 PCB control programs to quantify PCB stormwater runoff loads and load reductions achieved through treatment, source control, and other actions. This task, and subtasks, will support the mapping, monitoring, and implementation planning efforts of the Phase II local public agencies.

Because of the anticipated timing of permit adoption, the scope of work for this task divides first-year activities not specifically dependent on adopted regulatory lan guage, and later years’ activities where precise regulatory language should be available to fully scope out sub-tasks in accordance with adopted permit language. Current assumptions are that Tasks 2.1 -2.3 could be initiated in the first year, while Tasks 2.4-2.8 could be informed by adopted permit language and initiated in later years of the project. Proposals can suggest and detail a different approach if desired.

Task 2 Scope of Work Items:
• Task 2.1 - Green Infrastructure Planning
o Prepare guidance for permittees on Green Infrastructure (GI) Plan development and a template GI plan.
▪ Deliverables: Green Infrastructure Plan Guidance Document; Template GI Plan document (editable in MS Word).
• Task 2.2 – PCB-Containing Building Materials and Waste Control Program o Adapt existing program guidance, training , and documentation materials from the Bay Area Municipal Stormwater Collaborative (BAMSC) PCBs in Building Demolition Program for implementation by Phase II permittees. ▪ Deliverables: Model Screening Assessment Applicant Package for PCBs in Priority Building Materials; Commercial/Industrial Inspector Training Materials
• Task 2.3 – Identification of PCB Source Properties and Areas o Provide protocols for identifying properti es or areas that are, or may be, sources of PCBs and conduct a desktop exercise using available spatial data and other information (e.g. ABAG Land Use GIS layers, Geotracker, Envirostor, other public databases or historic land use information) to identify areas of interest for further investigation.
▪ Deliverables: Guidance document for implementing PCB source identification protocol; Summary report and spatial data for each county identifying additional properties or areas of interest for 5 City of San Pablo
Request for Proposals
PCB-125 PCBs TMDL Special Studies and Implementation Project possible PCB contamination; List of potential monitoring locations to refine source property and area identification.
• Task 2.4 – Controlling PCBs from Bridges and Overpasses o Develop a program to comply with the final adopted permit language. ▪ Deliverables: Guidance document on access to Caltrans bridge inventory and implementation of the Caltrans specification. • Task 2.5 – Mercury Collection and Recycling Program
o Evaluate existing outreach material and/or programs for mercury collection and recycling in North Bay Phase II com munities. Evaluate the adequacy of existing reporting systems from household hazardous waste collection facilities in Phase II permittees TMDL areas. Develop strategies for Phase II permittees to promote, facilitate , and/or participate in the recycling programs to increase awareness and public participation. ▪ Deliverables: Guidance document with outreach participation strategies and tracking tools for reporting in accordance with the TMDL language in the adopted permit.
• Task 2.6 – PCB Risk Reduction Program
o Develop recommendations for permittees to conduct or participate in risk reduction programs to address public health impacts of mercury and PCBs in SF Bay.
▪ Deliverables: Develop guidance and program options for implementing a risk-reduction outreach program in accordance with the TMDL language in the adopted permit.
• Task 2.7 – TMDL Water Quality Monitoring
o Develop materials to support mercury and PCB TMDL monitoring, including a regional PCB and mercury TMDL Monitoring Plan and Quality Assurance Project Plan (QAPP) that can be collectively used by Bay Area Phase II permittees for required monitoring in accordance with the TMDL language in the adopted permit.
▪ Deliverables: Regional PCB and mercury Monitoring Plan, including a sampling plan, and QAPP . QAPP(s) are required to be in compliance with the EPA QAPP Standard.
• Task 2.8 – Regional Load Reduction Accounting Framework o Develop a Phase II regional TMDL Load Reduction Accounting Framework ▪ Deliverables: Spreadsheet -based load reduction cal culator and associated guidance document.

In your proposal, for Task 2 please ensure to submit a breakdown of pricing for each of the sub-tasks.
6 City of San Pablo
Request for Proposals
PCB-125 PCBs TMDL Special Studies and Implementation Project Task 3. Phase I Permittee PCBs Monitoring, Mapping, and Control Measure Planning The four (4) Phase I Countywide stormwater programs and agencies (Alameda County Clean Water Program (ACCWP) , Contra Costa Clean Water Program (CCCWP) , San Mateo Countywide Pollution Prevention Program (SMCWPPP) , and Santa Clara Valley Urban Runoff Pollution Prevention Program (SCVURPPP), collectively known as the Phase 1 Countywide Programs) , have each developed Geographic Information System (GIS) maps and databa ses to assist in identifying land areas that may contribute high, moderate, and low levels of PCBs to the Bay via stormwater runoff. Task 3 will perform the below tasks to help support the implementation of each of the Phase I Countywide Programs Old Industrial Area Control Measures Plans (linked below). Consultants are expected to provide a proposal that outlines monitoring and mapping programs and plans that meet the below requirements, the intent of the EPA grant ( Attachment 2) and stay within the required budget for this Task.

Task 3 Scope of Work Items:
o Task 3.1 – Conduct large-scale public Rights-of-way (ROW) and private property sediment sampling
o The Consultant will coordinate with each of the Phase 1 Countywide Programs to conduct sediment sampling in old industrial areas that are likely to be PCB source areas. The number of samples may vary based on each Phase 1 Countywide Program's needs and Old Industrial Area Control Measures Plans. The Consultant will need to work with individual permittees and Countywide Programs regarding coordination and outreach to private property owners for site access when required.
▪ Deliverable- QAPP(s) in compliance with the EPA QAPP Standard, sampling plan (s), technical report(s) that comprehensively assess the sampling and site investigation conducted, and California Environmental Data Exchange Network (CEDEN) compatible submittals. These reports may be submitted to EPA and made publicly available on the agenc ies’ websites or via the State Water Board’s Stormwater Multiple Application and Report Tracking System (SMARTS). Reports and updates will be required for each Phase 1 Countywide Program ’s UCMR in March and the Annual Report in September of each year of the project.
o Task 3.2 – Conduct low-priority catchment verification water sampling o The Consultant will coordinate with each of the Phase 1 Countywide Programs to conduct water sampling in low-priority stormwater catchments and verification monitoring in areas where PCB control measures have already been implemented or are otherwise considered low priority based on previous monitoring or desktop characterization. The number of samples may vary based on each Phase 1 Countywide Program’s needs and Old Industrial Area Control Measures Plans.
7 City of San Pablo
Request for Proposals
PCB-125 PCBs TMDL Special Studies and Implementation Project ▪ Deliverable- QAPP(s) in compliance with the EPA QAPP Standard, sampling plan (s), technical report(s) that comprehensively assess the sampling and site investigation conducted, and California Environmental Data Exchange Network (CEDEN) compatible submittals. These reports may be submitted to EPA and made publicly available on the agenc ies’ websites or via the State Water Board’s Stormwater Multiple Application and Report Tracking System (SMARTS). Reports and updates will be required for each Phase 1 Countywide Program’s UCMR in March and the Annual Report in September of each year of the project.
o Task 3.3 – Conduct load reduction verification monitoring o The Consultant will coordinate with each of the Phase 1 Countywide Programs to conduct verification monitoring in select areas where PCB control measures have already been implemented. The number of samples may vary based on each Phase 1 Countywide Program’s needs and Old Industrial Area Control Measures Plans.
▪ Deliverable: Deliverable- QAPP(s) in compliance with the EPA QAPP Standard, sampling plan(s), technical report(s) that comprehensively assess the sampling and site investigation conducted, and California Environmental Data Exchange Network (CEDEN) compatible submittals. These reports may be submitted to EPA and made pu blicly available on the agencies’ websites or via the State Water Board’s SMARTS system. Reporting will include a comprehensive technical analysis to assist Countywide programs with Reasonable Assurance Analysis (RAA) reporting. Reports and updates will be required for each Phase 1 Countywide Program’s UCMR in March and the Annual Report in September of each year of the project.
o Task 3.4 – Correct and improve existing Phase I GIS maps and databases o Each of the Phase 1 Countywide Programs has developed GIS-based maps and databases to track PCB and mercury sampling efforts that help to identify locations where actions are needed and calculate load reductions achieved. Building on the existing GIS maps and databases, the Consultant will work with each Phase I Countywide Program to provide updates to the maps, make corrections where needed , and input new information as provided. Updates may include improving the existing maps to better help quantify loads reduced through control measure implementation. Specific efforts may include mapping of direct discharge pr operties, non-municipal separate storm sewer system permitted land areas, structural and source controls, storm drain catchments, and adjustments to the land use category base map. The Consultant will need to coordinate with each Phase 1 Countywide Program on specific mapping needs.
▪ Deliverables: Updated maps for each of the four Phase 1 Countywide Programs. All GIS information will be required to be made in a format 8 City of San Pablo
Request for Proposals
PCB-125 PCBs TMDL Special Studies and Implementation Project that is suitable for each Phase 1 Countywide Program’s individual GIS platform.
o Task 3.5 – Develop PCB control programs for private proper ties in identified moderate or high concentration PCB catchments
o The Consultant will coordinate with each of the Phase 1 Countywide Programs to develop a program to oversee the actions needed to implement controls of PCB sources from private properties, addressing PCB releases from these properties into the municipal separate storm sewer system (MS4). The Consultant will need to review each Countywide Program’s Old Industrial Area Control Measures Plan and will coordinate with each Countywide Program to identify actions that will work for that program.

Consultants should provide a proposal that lists examples of actions that can be taken with the understanding that the Consultant will tailo r the programs to each Phase 1 Countywide Program’s needs.
▪ Deliverable: Deliverables may change based on need and the Consultant’s proposed approach but are likely to include documentation needed for the implementation of programs to assist agencies, prese ntations to permittees, and/or processes and procedures documents to implement actions.
o Task 3.6 – Develop PCB control programs for MS4 operations o The Consultant will coordinate with each of the Phase 1 Countywide Programs to support enhanced cleanout of storm drain lines or other MS4 infrastructure that contain PCBs -contaminated sediments that are located in catchments where PCBs are elevated. The Consultant will need to review each Phase 1 Countywide Program’s Old Industrial Area Control Measures Plan and coordinate with each Countywide Program to identify actions that may work for that program. Consultants should provide a proposal that lists examples of actions that can be taken with the understanding that the Consultant will tailor the programs to each program's needs. The development o f treatment control projects may include assessing storm drain systems, local utilities, and public right-of-way; designing conceptual stormwater treatment measures; and exploring funding options and implementation agreements for the project. The Consultan t will obtain any necessary permits, such as encroachment permits, and secure access agreements required for these efforts, while also coordinating internal agency and public outreach.
▪ Deliverable: Deliverables may change based on need and the Consultant’s proposed approach but are likely to include documentation needed for the implementation of programs to assist agencies, presentations to permittees, and/or processes and procedures documents to implement actions.
o Task 3.7 – Plan and design stormwater treatment systems 9 City of San Pablo
Request for Proposals
PCB-125 PCBs TMDL Special Studies and Implementation Project o The Consultant will coordinate with each of the Phase 1 Countywide Programs to identify locations best suited to develop 10% conceptual designs for treatment systems that will assist each of the Countywide Programs in meeting their required PCB treatment acres for the permit term as identified in the Old Industrial Area Control Measures Plan . The development of the concept design (s) may include, desktop analysis preliminary site investigation, preliminary sizing, determination of treatment type, and high -level cost estimate. Depending on the cost and complexity of the concept design a Countywide Program may request one or multiple concept designs.
▪ Deliverable: A summary report documenting the justification for the concept design at the location chosen, results of the preliminary investigation, identification of the treatment type and sizing, preliminary schematics, preliminary drawing s, and high -level cost estimate. Results will also be presented to permittees/Countywide Programs.

Phase 1 Countywide Programs Old Industrial Area Control Measure Plans:
o CCCWP Old Industrial CMP (Final 3-13-24)
o ACCWP Old Industrial CMP (October 2024)
o SMCWPPP Old Industrial CMP (July 2024)
o SCVURPPP Old Industrial CMP (Sept. 2024) -Attachment 6 Task 4. Program Administration and Management
The City of San Pablo is acting as the applicant administrator and fiscal agent for the Project. A BAMSC Project Management Team (PMT) will be assigned to the project to help coordinate various stormwater Countywide Program scopes. The chosen Consultant team will be expected to lead:
• Coordination of all BAMSC stakeholders for project scope and timelines. • Coordination and be the central point of contact for all BAMSC permittees/ Countywide Programs.
• Project Management Team (PMT) meetings, presentations, and updates. • The coordination and collection of all match documents from each BAMSC member and provide them to the City of San Pablo for auditing purposes. • Management of the budget, scopes, grant requirements, and timelines to ensure all are achieved.
• The development of all content for quarterly reports to EPA (see Attachment 4 for the Quarterly Report template) for review and submittal by the City of San Pablo. • The development of all content for annual FFR and MBE/WBE reports to EPA (see Attachment 2 for more information) for review and submittal by the City of San Pablo.
• The development of all content for the Final Project Report in accordance with the EPA Notice of Award (
Attachment 3).
10 City of San Pablo
Request for Proposals
PCB-125 PCBs TMDL Special Studies and Implementation Project

If the chosen Consultant has a team of consultants or sub -consultants the City expects the team to have a single prime consultant as a point of contact for contracting, invoices, and other administrative matters.

A proposal can suggest changes to any tasks and/or scope to either keep the project within budget or provide additional services as long as the suggestions still maintain the overall objectives of the work. The City may choose to keep or deny any suggested changes.

4. Pre-Proposal Meeting
A virtual Pre-Proposal Meeting has been scheduled for April 8, 2025, at 10:00 a.m. To be provided a link for the Pre -Proposal meeting please email [email protected] and request an invite for PCB TMDL Special Studies and Implementation Project. Proposers are encouraged to attend for review of the Project and Proposal requirements.

5. Estimated Cost
The City estimates that the Project will cost Seven Million Eight Hundred Thirty Thousand Dollars ($7,830,000) for all elements of the above-provided scope. The Project must be completed within the Project budget.

C. PROPOSAL REQUIREMENTS

Each Proposal must be submitted in compliance with the requirements of this RFP. The City may, acting in its sole discretion, elect to reject any Proposal that it determines to be nonresponsive. It reserves the right, but not the obligation, to waive any immaterial irregularities. Clarity and brevity are preferable to volume , submittals shall be limited to 25 pages, excluding proposal cover, cover letter, table of contents, and dividers. Each Proposal must include the following, organized as Sections 1 through 11:

1. Letter of Interest/ Cover Letter
A letter of interest/ cover letter must be provided transmitting the firm(s) submittal for consideration. The letter of interest/cover letter must be signed by the person authorized to negotiate a contract for proposed services with the City on behalf of the team.

2. Organization Chart/ Personnel
Since the Project may consist of several professional disciplines, submittals must provide an organization or personnel chart to delineate the communication, coordination and hierarchical structure of the project team.

3. Firm(s) Statement of Qualifications
Provide the qualifica tions and experience of the firm(s) proposed for the project in the submittal. This should include information describing the team’s experience with:

11 City of San Pablo
Request for Proposals
PCB-125 PCBs TMDL Special Studies and Implementation Project a. Civil and engineering services and other relevant planning, green infrastructure, and landscape architec ture services , or environmental planning and permitting, as needed for project design.
b. Water quality regulations, including experience with the Clean Water Act and requirements in regards to NPDES, the MRP , and TMDLs, as issued by the SFBRWQCB.
c. Stormwater monitoring, modeling, mapping, and planning . Relevant projects should be of similar size, involve TMDL compliance and ideally be located in the Bay Area.
d. Adhering to projects of similar type, size, and funding requirements and had to meet similar challenging timelines.
e. Successfully meeting state , federal, and local project requirements, including expense tracking when there are multiple funding sources. f. Working collaboratively on an interdisciplinary team of consultants.

4. Staff Statement of Qualifications or Resumes
Provide the qualifications or resumes of key personnel proposed for the project in the submittal. In this section, identify similar/related projects that key members of the submittal have worked on. Note: key team members identifi ed in the submittal shall not change in the executed contract unless notified and approved by the City.

5. Project Management and Staff Availability
The Consultant should have one individual who will function as the main coordinator and point of contact for all the other consultants and sub-consultants; this person will oversee project updates under the direction of City staff. This person will monitor timelines, review and evaluate products, ensure quality control , and assist in facilitating meetings. Any substitutes of staff after submittal is received must be provided in writing and approved by the City if the contract is awarded.

6. Project Approach
In seven pages or less, describe the Consultant’s proposed approach to this project and if relevant the typical approach to projects similar to this one. The approach should identify how the consultant will ensure to meet the required delivery schedule, all grant requirements, and be flexible to potential changes in scope (while still meeting the required delivery schedule). A proposal can suggest changes to the tasks and/or scope to either keep the project within budget or provide additional services as long as the suggestions still maintain the overall objectives of the work. The City may choose to keep or deny any suggested changes.

7. Schedule of Work
It would be the responsibility of the consultant to prepare the documentation and submit the required documents to the City for forwarding to all grant agencies, including EPA for approval of grant funds within the required timeframe.

The schedule of wor k must be included in the submittal in order to demonstrate Consultants ability to accomplish all Project deadlines. The schedule of work must include 12 City of San Pablo
Request for Proposals
PCB-125 PCBs TMDL Special Studies and Implementation Project milestones for deliverables of each required aspect. All tasks including deliverables of each sub -consultant must meet set individual deadlines and overall project schedule.

Progress meetings with City staff shall be scheduled as needed until the design is completed. These meetings may also be attended by other stakeholders as needed.

8. Cost Proposal
The cost proposal shall include a cost estimate for each work task ou tlined in the scope of services for this project. Prices quoted shall include key project team member(s) proposed for each task and the number of management, technical, drafting and support personnel hours, cost per hour for each project team member and total cost envisioned for each task. In addition, in the cost proposal please provide a breakdown of costs per task and sub-task as outlined in the Consultant Services (Section B, Item #3). Identify any other costs to be billed to the project including project expenses and sub -consultant fees. Include any proposed markup for sub-consultant fees. Proposing Consultants will need to submit certified payroll records if required. Include a copy of the proposed rate schedules(s) to be used throughout the duration of the project and any adjustments that are predicted to occur during the execution of the project.

9. Method of Payment
The method of payment for this contrac t will be a Lump Sum agreement with the ability of monthly progress payments based on work performed . The consultant performs the services stated in the contract for an agreed amount as compensation. For invoice procedures; the City will receive the invoice from the Contractor, submit for reimbursement from EPA, once payment is received the City will then issue payment for the invoice.

Piggybacking Allowance- It is the intent of this RFP that other local government agency use of this contract is optional. Local government agencies are defined in Public Contract Code Chapter 2, Section 10298 (a) (b) and 10299 (b); this includes the California State Universities (CSU) and University of California (UC) systems, K -12 schools , and community colleges empowered to expend public funds for the acquisition of products .

While the City makes this contract available to local governmental agencies, each local governmental a gency should determine whether this contract is consistent with its procurement policies and regulations. Local governmental agencies shall have the same rights and privileges as the City of San Pablo under the terms of this contract. Any local governmental agencies desiring to participate shall be required to adhere to the same responsibilities as the City of San Pablo and have no authority to amend, modify , or change any condition of the contract without the Consultants consent.

10. References
Provide a short summary (one-page maximum) of at least three projects in progress or completed, with the following information for each:
a. Reference name, with current contact information
b. Type of project/development
c. Client type (clarifying role of private sector client, if any) d. Size and scale of geographic area
13 City of San Pablo
Request for Proposals
PCB-125 PCBs TMDL Special Studies and Implementation Project e. Current status

11. Consultant Contract Statement
Consultant will include a statement that the firm(s) accepts the terms of the City’s Consultant Agreement sample ( Attachment 1) and/or the submittal will include a list of any proposed modifications to the Agreement by the consultant.

12. Special Requirements
a. Small and Minority Businesses. This Project is funded in whole or in part by the federal government. DBE must comply with all applicable federal requirements as further specified in the Contract Documents, and when procuring Subcontractors, Disadvantage Business Enterprise (DBE) must take all necessary affirmative steps pursuant to 2 CFR § 200.321(b), subject to the limitations of law, to ensure that minority businesses, women’s business enterprises, and labor surplus area firms are used when possible. Affirmative steps must include:
b. Solicitation Lists. Placing qualified small and minority businesses and women’s business enterprises on solicitation lists.
c. Soliciting Potential Sources. Assuring that small and minority businesses and women’s business enterprises are solicited whenever they are potential sources.
d. Maximizing Participation. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses and women’s business enterprises. e. Establishing Delivery Schedules. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women’s business enterprises.
f. Organizational Assistance. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce.

D. PROPOSAL CONDITIONS

1. Local Employment and Contracting Opportunities
a. Employment of Local Residents.

Pursuant to the San Pablo Economic Opportunity Policy, the Consultant and any subcontractors shall contact the San Pablo Economic Development Corporation (“EDC”) at [email protected] or 510-215-3200, at least ten business days prior to hiring or staffing for fulfillment of the Agreement, describing number, duties and qualifications 14 City of San Pablo
Request for Proposals
PCB-125 PCBs TMDL Special Studies and Implementation Project needed for available positions, and shall fairly consider for employment any workers referred by the EDC within three business days. “ Local Resident” means an individual having an adjusted household income of less than the Area Median Income for Contra Costa County, and domiciled in the City of San Pablo as of the relevant hiring date, with “domiciled” as defined by Section 349(b) of the California Election Code. Discrimination against Local Residents on the basis of their local status is prohibited. b. Local Subcontracting - Outreach.

Firms shall contact the EDC at [email protected] or 510 -215-3200 at least two weeks prior to any subcontract award, providing notice and details regarding subcontracting opportunity. The EDC shall notify qualified local businesses of subcontracting opportunities, and provide technical assistance to qualified local businesses during the subcontracting bidding process.

2. Questions.

Questions regarding this RFP, the Project, or site access may be submitted in writing only and directed to Amanda Booth, email: [email protected]. Written responses will be provided in addenda to this RFP and distributed by email to all firms registered on PlanetBids to receive updates from the City. Written questions must be submitted no later than April 15, 2025 by 4:00 p.m.

3. General Terms and Conditions
a. All proposals, whether selected or rejected, shall become the property of the City.
b. The cost of RFP preparation shall be that of the consulting firm and shall not be paid by the City.
c. Proposals shall be signed by an authorized employee in order to receive consideration.
d. City will not be responsible for proposals delivered to a person or location other than that specified herein.
e. The successful proposer will be asked to enter into an agreement with the City reflecting the terms and conditions of the proposal based on the City's Professional Services Agreement (Agreement) requirements. A copy of the Agreement and Insurance requirements is included as Attachment 1 to this RFP. Proposals should include a list of any proposed modifications to the Agreement by the consultant. Award of an agreement is subject to approval by the City Council of the City of San Pablo.
f. Neither the City of San Pablo, it’s City Council, officers, employees, agents, representatives, nor any of its consultants will be liable for any claim or damages resulting from the RFP process.
g. By submitting a proposal in resp onse to this RFP, the proposer accepts the evaluation process and acknowledges and accepts that determination will require subjective judgments by the City. All information, documentation, and other materials submitted in response to this solicitation are considered non- 15 City of San Pablo
Request for Proposals
PCB-125 PCBs TMDL Special Studies and Implementation Project confidential and/or non-proprietary and are subject to public disclosure after the solicitation is completed.

4. Agreement
The anticipated duration of the agreement will be 4.5 years, with the term tentatively to begin June 2025 and end December 31, 2029.

A sample agreement is attached (Attachment 1) that includes terms regarding conflict of interest, insurance, indemnification, and assignment. The consultant selected to perform the work will be required to comply with these terms.

5. Minority/Women Business Enterprises (MBE/WBE) Participation This Project has an MBE/WBE reporting requirement under 40 CFR, Part 33, Subpart E.

All proposers are encouraged to seek the participation of an MBE/WBE-rated firm(s) to fulfill this reporting. As part of project management, the project will assist the City of San Pablo in submitting EPA Form 5700-52A for this requirement.

E. PROPOSAL PROCEDURE

1. Submission of Proposals
Each Proposer must submit a sealed envelope or package containing three (3) print copies and one electronic copy (PDF or comparable) of its Proposal, each copy clearly identified as “Proposal for PCB TMDL Special Studies and Implementation Project.” The electronic copy may be included on a thumb drive in the sealed envelope or pa ckage or emailed to: [email protected]. The sealed p roposal package must be delivered to:

City of San Pablo
Att: Public Works C/O Amanda Booth
1000 Gateway Ave,
San Pablo, CA 94806
All Proposals, in both print and electronic format, must be received by the City Public Work’s office by May 1, 2025, no later than 5:00pm. (“Proposal Deadline”).

Proposals may not be modified after the Proposal Deadline.

2. Consultant Selection Process
The first step in the evaluation process will be to determine that each submittal contains all forms and other information required by this RFP. Any submittals missing the required information may be considered nonresponsive and rejected without evaluation. Staff may waive minor inconsistencies with Department Director or Council approval. Late submittals, submittals to the wrong location, and submittals with inadequate copies are considered nonresponsive and shall be rejected. Submittal of additional information after the due date shall not be allowed.
16 City of San Pablo
Request for Proposals
PCB-125 PCBs TMDL Special Studies and Implementation Project

All proposals will be evaluated by a Selection Committee. The Selection C ommittee, made up of key City staff and other parties that may have expertise or experience in the services described herein , will review all submittals deemed complete according to the evaluation criteria and weighting factors below. The Selection C ommittee will make independent random checks of one or more of the consultant’s references. This reference check applies to major sub-consultants as well.

The Selection Committee will establish a shortlist of consultants who are considered to be best qualified to perform the contract work . The selection process may include oral interviews. The consultant will be notified of the tim e and place of oral interviews and if any additional information that may be required to be submitted. Upon acceptance of the cost proposal and successful contract negotiations, staff will recommend a contract be awarded.

3. Evaluation Criteria
Proposals will be evaluated according to each criterion below. The scores for all the criteria will be added for each proposal. The proposal with the highest score will be deemed as the best proposal. The total maximum score for any project is 100 points.

Criteria Maximum
Points
A Completeness of Response Pass/Fail
B Understanding of the Work/Project 25
C Experience with Similar Work 25
D Quality and Availability of Staff 15
E Innovation and Advanced Techniques 15
F Knowledge of State, Federal, and local Procedures 10
G Financial Responsibility 5
H Project Delivery 5
Total 100

A. Completeness of Response (Pass/Fail)
Responses to this RFP must be complete. Responses that do not include the proposal content requirements identified within this RFP and subsequent addenda and do not address each of the items listed below will be considered incomplete, be rated a Fail in the Evaluation Criteria , and will receive no further consideration.

Responses that are rated a Fail and ar e not considered may be picked up at the delivery location within 14 calendar days of contract award and/or the completion of the competitive process.

B. Understanding of the Work/Project (25 points)
17 City of San Pablo
Request for Proposals
PCB-125 PCBs TMDL Special Studies and Implementation Project Demonstrated understanding of the Project including Projec t needs, identification of potential issues, and overall approach to meet the requirements and objectives of the EPA grant.

C. Experience with Similar Work (25 points)
Experience of the firm(s) with similar projects, including local knowledge, expedited timelines, working with multiple grants and prior experience with stormwater monitoring, mapping and TMDL implementation work.

D. Quality and Availability of Staff (15 points)
Quality and availability/current workload of proposed staff.

E. Innovation and Advanced Techniques (10 points)
Capability of developing and identifying innovative approaches and solutions to key project issues.

F. Knowledge of State and Federal Procedures (10 points) Experience and familiarity with state federal, and local procedures.

G. Financial Responsibility (5 points)
The firm’s(s) ability to meet project budget, financial and schedule requirements.

H. Project Delivery (10 points)
Demonstrated technical ability of staff and if relevant, experience of consultant teams working together.

4. Tentative Schedule
Below is a tentative schedule for the selection and procurement process. Dates are subject to change by City staff and/or unforeseen circumstances.

Item Date
RFP Release Date March 25, 2025
Pre-Proposal Meeting Date April 8th at 10:00am
Last day to submit any questions April 15th 4:00pm
RFP Proposal submittal Date May 1, 2025
Panel Review May 5–10, 2025
Interview period Week of May 19th 2025
Selection and negotiation period May 26-29, 2025
Contract to be awarded at City Council June 16, 2025
F. ATTACHMENTS
Attachment 1 – Sample Consultant Agreement
Attachment 2 – EPA WQIF Grant Application
Attachment 3 – EPA Award Agreement
Attachment 4 – Quarterly Report Template
Attachment 5 – EPA Quality Assurance Project Plan Standard Attachment 6 – SCVRUPPP Old Industrial CMP
Attachment 1:

Sample Consultant Agreement
Updated: 3/25 Page 1

CITY OF SAN PABLO

AGREEMENT FOR CONSULTING SERVICES
Project No._______/ Agreement No. _____

THIS AGREEMENT (“Agreement”), effective the ____ day of ______, 20__ (“Effective Date”), is by and between the City of San Pablo, a municipal corporation organized and existing under the laws of the State of California, ( “City”), and ___________, a __________________, (“Consultant”) (individually, a “Party,” and collectively, the “Parties”).

RECITALS

WHEREAS, the City desires to engage a consultant to provide _______________________ services to the City (“ Services”) as further set forth in this Agreement;

WHEREAS, the City desires to engage a consultant who will act at all times in the City’s best interest and will respect the trust and confidence placed in that consultant by the City; and

NOW, THEREFORE, Consultant and the City agree as follows:

TERMS AND CONDITIONS
(1) Scope of Services.

A. Scope of Services . Consultant agrees to provide the Services to the City as specified in, collectively, the scope of services set forth in the City’s Request for Proposals, dated ___________ and any addenda thereto (“RFP”), attached as Exhibit A and incorporated herein, and the scope of services set forth in Consultant’s proposal dated ___________ (“Proposal”), attached as Exhibit B and incorporated herein. In the event of any conflict or inconsistency between any of the terms of the RFP, the Proposal, and this Agreement, the terms most favorable to the City will prevail. Any services not encompassed in this Section (1) are additional services (“Additional Services”) subject to prior written authorization by the City, as further specified below in Section (3), “Additional Services.”

B. Quality of Performance. Consultant will provide the Services and any authorized Additional Services in accordance with the standards of its profession ; in accordance with the terms, conditions, and objectives of this Agreement; and in a manner satisfactory to the City Manager or his or her authorized delegee (“City Manager ”). Consultant represents that it possesses the necessary skills, background, and licenses to perform the Services or Additional Services. Consultant is solely responsible for the quality and suitability of the Services it provides pursuant to this Agreement. If , during the course of this Agreement, the City Manager notifies Consultant that the Services are not satisfactory, in whole or in part, Consultant will promptly take the corrective action required by the City Manager, at no extra cost to the City. Failure to promptly take such corrective action constitute s a material breach of this Agreement and cause for termination in the City’s discretion. This standard of care will not be construed to impose a mandatory duty on the City within the meaning of Government Code section 815.6. The City’s Updated: 3/25 Page 2
acceptance of Services performed under this Agreement will not operate to waive or release Consultant’s obligation under this paragraph.

C. Time is of the Essence . In the performance of this Agreement, time is of the essence. Consultant must be available to begin providing the Services upon the Effective Date of this Agreement, and must complete the Services within the time specified in Section (4), “Effective Date and Term.”

D. Primary Service Provider. The City has approved of ____________________ as Consultant’s primary provider of the Services under this Agreement, and no other person will be accepted as the primary provider of the Services without the City’s prior written consent.

E. Labor Code Compliance. If the Services are “public works” services as defined in Labor Code section 1720 et seq. and the Agreement is for an amount greater than $1,000, the Agreement is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, beginning at section 1720, and t he related regulations, including but not limited to requirements pertaining to wages, working hours and workers’ compensation insurance.

Consultant must also post all job site notices required by laws or regulations pursuant to Labor Code section 1771.4.

1. Prevailing Wages: Each worker performing Services under this Agreement that is covered under Labor Code section 1720 or 1720.9, must be paid at a rate not less than the prevailing wage as defined in sections 1771 and 1774 of the Labor Code. The prevailing wage rates are on file with the City and are available online at http://www.dir.ca.gov/DLSR. Pursuant to Labor Code section 1775, Consultant and any subconsultant will forfeit to City as a penalty up to $200 for each calendar day, or portion of a day, for each worker paid less than the applicable prevailing wage rate, in addition to paying each worker the difference between the applicable wage rate and the amount actually paid.

2. Working Day: Pursuant to Labor Code section 1810, eight hours of labor consists of a legal day’s work. Pursuant to Labor Code section 1813, Consultant will forfeit to City as a penalty the sum of $25 for each day during which a worker employed by Consultant or any subconsultant is required or permitted t o work more than eight hours during any one calendar day, or more than 40 hours per calendar week, unless such workers are paid overtime wages under Labor Code section 1815. All Services must be carried out during regular City working days and hours unless otherwise specified in the scope of services or authorized in writing by City.

3. Payroll Records: Consultant and its subconsultants must maintain certified payroll records in compliance with Labor Code sections 1776 and 1812, and all implementing regulations promulgated by the Department of Industrial Relations (“DIR”). For each payroll record, Consultant and its subconsultants must certify under penalty of perjury that the information in the record is true and correct, and that it has complied with the requirements of Labor Code sections 1771, 1811, and 1815. Unless the Agreement is for an amount under $25,000, Consultant must electronically submit certified payroll records to the Labor Commissioner as required under California law and regulations.

4. Apprentices: If the amount of the Agreement is $30,000 or more, Consultant must comply with the apprenticeship requirements in Labor Code section 1777.5.

Updated: 3/25 Page 3

5. DIR Monitoring, Enforcement, and Registration : The Services are subject to compliance monitoring and enforcement by the DIR pursuant to Labor Code section 1725.5, and, subject to the exception set forth below, Consultant and any subconsultants must be registered with the DIR to perform public works pro jects.

The registration requirements of Labor Code section 1725.5 do not apply if the Agreement is for an amount under $25,000.
(2) Compensation. As full compensation for the satisfactory and timely performance of the Services as specified in Section (1), “Scope of Services,” and the attached exhibits, City hereby agrees to pay Consultant a sum not to exceed
____________________________________Dollars < write out amount > ($_________) as follows:
<Indicate any special payment arrangement, if applicable, e.g., hourly rates.> Consultant will be paid all undisputed amounts within thirty (30) days of City’s receipt of detailed invoices for Services provided to the City Manager’s satisfaction during the preceding calendar month. Invoices must include all of the information contained in Section (7), “Billings,” below. Each invoice must be signed by an authorized representative of Consultant, verifying that the invoiced Services have been performed. Consultant will not be entitled to compensation for Additional Services, as defined below in Section (3), unless authorized by City in writing in advance, and memorialized in an amendment to this Agreement executed by the authorized representatives of each Party. This Section (2) supersedes any conflicting or inconsistent provisions in the Proposal. (3) Additional Services. In addition to the S ervices included in Section (1), “Scope of Services,” the Parties may from time to time agree that Consultant will provide Additional Services for additional compensation, as authorized by the City Manager. The nature and scope of the Additional Services, including the time for performance and term s for mutually agreeable additional compensation must be memorialized in a writing, executed by both Parties, as further specified in Section ( 25), “Amendments,” before Consultant may begin providing the Additional Services. Consultant will not be entitled to compensation for any Additional Services performed without a written amendment to include the Additional Services in this Agreement. If Consultant believes that services that it is directed to perform by City are not included in Section (1), “Scope of Services,” Consultant will promptly notify the City in writing of the basis for this belief. If the City agrees that the subject services are not included in Section (1), “Scope of Services,” the Parties will promptly execute a writing to authorize the services as Additional Services for mutually agreed-upon additional compensation. Except as otherwise specified in the written authorization, all Additional Services are subject to the same terms and conditions as all Services u nder this Agreement, including, billing, record -keeping, reporting, insurance, indemnity, and compliance with all applicable laws and standards.
(4) Effective Date and Term. The term of this Agreement (“Term”) begins on the Effective Date set forth above, and expires on _____________. If the Term expires later than the end of the City’s fiscal year, the continuation of the Term into the next fiscal year will be contingent upon the City’s lawful encumbrance or appropriation of new funds for the Agreement. (5) Assignment and Subcontracting. A substantial inducement to City for entering into this Agreement was, and is, the reputation and competence of Consultant. The assignment or subcontracting of this Agreement by Consultant, or any interest therein, is prohibited without the Updated: 3/25 Page 4
prior written approval of the City Manager. The City has authorized Consultant to use the following Subconsultants/Subcontractors as specified:

Subconsultant/Subcontractor Name Subconsultant/Subcontractor Services

____________________________ _______________________________ ____________________________ _______________________________

(6) Independent Contractor Status. It is expressly understood and agreed by the Parties that Consultant, while providing Services pursuant to this Agreement, is an independent contractor and not an employee of the City. Consultant is solely responsible for the means and methods by which it provides the Services. Consultant is solely responsible for all matters relating to the payment of its employees, including compliance with social security, withholding tax and all other laws and regulations governing such matters. Consultant is solely responsible for its own acts and those of its agents and employees during the Term of this Agreement. Consultant will not represent, at any time or in any manner, that Consultant is an employee of the City. Consultant will exercise its judgment in recommending to City the methods by which to accomplish City’s objectives and needs. Consultant acknowledges that the City will provide no training. Consultant will provide whatever tools and materials that are nec essary to complete a client engagement.

(7) Billings. Consultant's invoices must include the following information: (a) a brief description of Services performed, including any Additional Services; (b) the date the Services were performed; (c) the number of hours spent and by whom ; (d) the current Agreement not-to- exceed amount; (e) the amount previously billed ; (f) the total paid to date ; (g) the outstanding balance due, if any; (h) the current invoice amount; (i) total amount billed against the Agreement to date; (j) the remaining balance of the not-to-exceed amount; and (k) the Consultant’s signature.

Except as specifically authorized by City, C onsultant will not bill City for duplicate Services performed by more than one person. Consultant may not submit any billing for an amount in excess of the maximum amount of compensation authorized in Sections (2) and (3) , above .

(8) Advice and Status Reporting. Consultant will provide the City with timely reports, orally or in writing, of all significant developments arising during performance of its Services, and provide the City with information as is necessary to enable City to mo nitor the performance of this Agreement, including statements and data demonstrating the effectiveness of the Services provided in achieving the City’s express goals and objectives. The City may withhold payments otherwise due to Consultant pending timely delivery of all such reports and information.

Consultant will promptly notify the City Manager of any matters that could adversely affect Consultant’s ability or eligibility to continue to provide Services under this Agreement.

(9) Retention of Records. Consultant’s complete files, including all records, employee time sheets, and correspondence pertaining to the Services will be available for review by the City Updated: 3/25 Page 5
upon request, and copies of pertinent reports and correspondence will be furnished for the City’s files upon request by the City. Consultant will maintain adequate documentation to substantiate all charges for hours and materials charged to City under this Agreement. Consultant will maintain the records and any other records related to the Services or this Agreement and will allow City access to such records for a period of four years after the expiration of the Term or termination of the Agreement. At City’s request, or upon expiration or termination of this Agreement, Consultant will return to City all plans, maps, cost estimates, project financial records, reports, and related documents. All research information, plans, diagrams, financial records, reports, cost estimates or other documents prepared or obtained under the terms of this Agreement will be delivered to and become the property of the City and all data prepared or obtained under this Agreement will be made available, upon request, to the City without restrictions or limitations on their use . This Section (9) will survive expiration of the Term or termination of the Agreement. (10) Written Reports and Documents. In accordance with Government Code section 7550, if the total compensation paid to Consultant under this Agreement exceeds $5,000, any document or written report prepared by Consultant for or under the direction of City will contain the numbers and dollar amounts of all contracts and subcontracts relating to the preparation of such document or written report. The contract and subcontract numbers and dollar amounts shall be contained in a separate section of such document or written report. When multiple documents or reports are the subject or product of this Agreement, the disclosure section may also contain a statement indicating that the total contract amount represents compensation for multiple documents or reports.
(11) Record and Fiscal Control System. Consultant will maintain its financial records and fiscal control systems in a commercially reasonable manner. Consultant will maintain personnel and payroll records to adequately identify the source and application of all received funds; withhold income taxes; pay emplo yment taxes (including Social Security), unemployment compensation, worker's compensation and other taxes as may be due . Consultant will maintain an effective system of internal control to assure that funds provided through the City are used solely for authorized purposes.
(12) Access to Records; Audits . The City will have access at any time during normal business hours and as often as necessary to any bank account and books, records, documents, accounts, files, reports, and other property and papers of Consultant relating to the Services to be provided under this Agre ement for the purpose of making an audit, review, survey, examination, excerpt or transcript.
(13) Consultant’s Testimony. Unless the Services include serving as an expert witness, Consultant agrees to consult with City and testify at City’s request at no additional cost other than normal witness fees if litigation is brought against City in connection with Consultant ’s Services.

This Section (13) will survive expiration of the Term or termination of the Agreement. (14) Assignment of Personnel. Consultant will only assign competent and qualified personnel to perform the Services. If City asks Consultant to remove a person assigned to the Services, Consultant agrees to do so immediately regardless of the reason, or the lack of a reason, for City's request.
(15) Insurance. Before it may begin performing Services under this Agreement, Consultant must procure and provide proof of the insurance coverage and endorsements required by this Section in the form of certificates and endorsements acceptable to City. The required insu rance must cover the activities of Consultant and its subconsultants or subcontractors relating to or Updated: 3/25 Page 6
arising from the performance of the Services, and must remain in full force and effect at all times during the Term of the Agreement. All required insurance must be issued by a company licensed to do business in the State of California, and each such insurer must have an A.M. Best’s financial strength rating of “A” or better and a financial size rating of “VII” or better. If Consultant fails to provide any of the required coverage in full compliance with the requirements of this Agreement, City may, at its sole discretion and in addition to any other remedies, purchase such coverage at Consultant’s expense and deduct the cost from payments due to Consultant, suspend performance of the Services under the Agreement, or terminate Consultant for default. The procurement of the required insurance will not be construed to limit Consultant’s liability under this Agreement or to fulfill Consultant’s indemnification o bligations under this Agreement. If coverage limits carried by Consultant exceed the minimum limits specified below, the higher limits will be deemed to be required by this Agreement.

A. Policies and Limits . Consultant must procure and maintain the foll owing insurance policies and limits at all times during the Term of this Agreement:

2. Automobile Liability: The automobile liability policy must provide coverage of at least $1,000,000.00 combined single-limit per accident for bodily injury, death or property damage.

3. Workers’ Compensation Insurance and Employer’s Liability: If the Consultant has employees, the policy must comply with the requirements of the California Workers’ Compensation Insurance and Safety Act, providing coverage of at least $1,000,000.00, or as otherwise required by law.

Any deductible or self-insured retention may not exceed $50,000. The professional liability policy must include prior acts coverage sufficient to cover all Services provided by the Consultant for this Agreement, and the coverage must continue in effect for five years following final payment to Consultant. The following provisions apply if the professional liability policy is written on a claims-made form:

a. The retroactive date of the policy must be shown and must be on or before the Effective Date of the Agreement.

b. The insurance must be maintained and evidence of insurance must be provided for a continuous period of at least five years following expiration Updated: 3/25 Page 7
of the Term or termination of the Agreement, whichever occurs first.

c. If the coverage is canceled or not renewed and is not replaced with another claims-made policy form with a retroactive date that is on or before the Effective Date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five years following expiration of the Term or termination of the Agreement, whichever occurs first. The City has the right to procure, at Consultant’s cost, any extended reporting provisions of the policy if the Consultant cancels or fails to renew the coverage.

d. A copy of the claim reporting requirements must be s ubmitted to the City before Consultant may begin performing Services under this Agreement.

1. Additional Insured Endorsements : The General Liability and Automobile Liability policies are to contain, or be endorsed to contain, the following provisions:

a. The City, its office rs, officials, employees, and volunteers (“Additional Insureds”) will be covered as additional insureds with respect to all covered liability. This must be provided in the form of an additional insured endorsement to the Consultant’s insurance policy, using form CG 20 10 11 85, forms CG 20 10 10 01 and GC 20 37 10 01, or equivalent approved by the City. For design professionals f orm CG 20 07 may be used.

Alternatively, the additional insured endorsement may be provided as a separate owner’s policy that complies with all of the requirements set forth in this Section 15.
b. The inclusion of more than one insured will not operate to impair the rights of one insured against another, and the policies will apply as though separate policies have been issued to each of the Additional Insureds. c. The insurance provided by the Consultant is primary and no insurance or self-insurance held or owned by any of the Additional Insureds may be called upon to contribute to a loss or defense.
d. Any failure by Consultant to comply with the reporting requirements for a policy will not affect nor abridge the coverage provided for any Additional Insureds.
e. The coverage or endorsement will not contain any limitations on the scope of protection available to the Additional Insureds.

2. Notice: Each insurance policy require d by this clause must provide or be endorsed to state that coverage will not be reduced, canceled, or allowed to expire without at least thirty (30) days advance written notice to the City, unless due to Updated: 3/25 Page 8
non-payment of premiums, in which case ten (10) days advance written notice is required.

3. Waiver of Subrogation: Each required policy mus t include an endorsement providing that the insurer will waive any right of subrogation it may have against the City. Consultant hereby agrees to waive subrogation which any insurer of Consultant may acquire from Consultant by virtue of the payment of any loss.

C. Deductibles and Self -Insured Retentions . Any deductibles or self -insured retentions for the required insurance policies are subject to prior approval by the City Manager .

Before beginning performance of the Services, Consultant must disclose the amounts of the deductibles and self-insured retentions that apply to the required policies . If the City Manager determines that the deductible or self -insured retention for any required policy is unacceptably high, at the option of City, (1) the insurer must reduce or eliminate the deductible or self-insured retention with respect to the Additional Insureds, or (2) the Consultant must provide a bond or financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. During the Term of this Agreement, Consultant may not increase any deductibles or self -insured retentions with respect to the Additional Insureds, without the prior written consent of the City Manager. The City Manager may condition such consent upon the Consultant procur ing a bond or financial guarantee that is satisfactory in form to the City, guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

D. Subconsultants or Subcontractors. Consultant must ensure that each subconsultant or subcontractor is required to maintain the same insurance coverage required for Consultant under this Section (15), with respect to its performance of Services, including the required endorsements. Consultant must confirm that each subconsultant or subcontractor has complied with these insurance requirements before the subconsultant or subcontractor is permitted to begin Services under this Agreement. Upon request by the City, Consultant must provide certificates and endorsements submitted by each subconsultant or subcontractor to prove compliance with this requirement. The insurance requirements for subconsultants or subcontractors do not replace or limit the Consultant insurance obligations. (16) Indemnification. The terms and conditions set forth in subsection 16(A), below, are applicable to this Agreement if the Services to be provided by Consultant are not “design professional” services as used and defined in Civil Code section 2782.8 (architect, landscape architect, engineering, or land surveyor services). The terms and conditions set forth in subsection 16(B), below, are applicable to this Agreement if th e Services to be provided by Consultant are “design professional” services as used and defined in Civil Code section 2782.8 (architect, landscape architect, engineering, or land surveyor services).

A. Indemnification by Non-Design Professionals. Consultant shall, to the full est extent permitted by law, indemnify, defend (with counsel acceptable to the C ity) and hold harmless City, and its employees, officials, volunteers and agents (" Indemnified Parties") from and against any and all losses, claims, damages, costs and liability of every nature arising out of or resulting from the performance of this Agreement by C onsultant, its officers, employees, agents, volunteers, subcontractors or sub-consultants, excepting only liability arising from the sole negligence, active negligence or willful misconduct of C ity. Liabilities subject to the duties to defend and indemnify include, without limitation, all claims, losses, damages, penalties, fines, and judgments; associated investigation and administra tive expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution.

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1. The duty to defend is a separate and distinct obligation from the Consultant’s duty to indemnify. The Consultant shall be obligated to defend, in all legal, equitable, administrative, or special proceedings, with counsel approved by the City, the City and its directors, officers, and employees, immediately upon tender to the Consultant of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination of comparative active negligence or willful misconduct by an Indemnified Party does not relieve the Consultant from its separate and dist inct obligation to defend City . The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent defense counsel if the Consultant asserts that liability is caused in whole or in part by the negligence or willful misconduct of an Indemnified Party. If it is finally adjudicated that liability was caused by the sole active negligence or sole willful misconduct of an Indemnified P arty, Consultant may submit a claim to the City for reimbursement of reasonable attorneys’ fees and defense costs.

2. In the event that Consultant or any employee, agent, subconsultant or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the Calif ornia Public Employees Retirement System ( “PERS”) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, subconsultants or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

B. Indemnification by Design Professionals . Consistent with California Civil Code section 2782.8 (“section 2782.8”), when the Services to be provided under this Agreement are to be performed by a “design professional, ” as that term is defined under section 2782.8, Consultant shall, to the fullest extent permitted by law, indemnify, defend and hold harmless City, and its employees, officials, volunteers and agents (“Indemnified Parties”) from and against any and all losses, claims, damages, costs and liability of every nature , including reasonable attorneys’ fees and costs, to the extent caused in whole or in part by any negligence, recklessness, or willful misconduct of Consultant, its officers, employees, agents, subconsultants or subcontractors in performance of the Services under this Agreement, but excluding the sole or active negligence or willful misconduct of one or more of the Indemnified Parties. Defense costs shall not exceed Consultant’s proportionate percentage of fault, except as set forth in section 2782.8.

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1. In the event that Consultant or any employee, a gent, subconsultant or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System ( “PERS”) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, subconsultants or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

Consultant, its subconsultants, and subcontractors, will obtain and maintain a City of San Pablo Business License at all times during the Term of this Agreement.

(18) Employment Practices.

B. Compliance With Law . Consultant represents that it is an Equal Opportunity Employer and shall comply with applicable regulations governing equal opportunity employment. Consultant shall not discriminate in the em ployment of any person because of race, color, national origin, ancestry, physical or mental disability, medical condition, marital status, sex, age, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment and Housing Act. Consultant Updated: 3/25 Page 11
shall comply with all applicable provisions of the Americans with Disabilities Act of 1990 (“ADA”) in performing its obligations under this Agreement. Failure to comply with the provisions of the ADA shall be a material breach of, and grounds for the immediate termination of, this Agreement . In performing Services and providing services under this Agreement, Consultant shall, at its sole cost and expense, comply with all applicable laws of the United States and the State of California; the Ordinances of the City of San Pablo; and the rules, regulations, orders , and directions of their respective administrative agencies and the officers thereof.

(19) Local Subcontracting – Outreach. Consultant shall contact the EDC at [email protected] or 510 -215-3200) at least two weeks prior to any subcontract award, providing notice and details regarding subcontracting opportunity. The EDC shall notify qualified local businesses of subcontracting opp ortunities, and provide technical assistance to qualified local businesses during the subcontracting bidding process.

(20) Termination.

A. Termination for Convenience . City may terminate this Agreement at its sole discretion at any time prior to expiration of the Term or completion by the Consultant of the Services required hereunder. Notice of termination of this Agreement shall be given in writing to the Consultant, and shall be sufficient and complete when same is deposited in the United States Mail, postage prepaid and certified, address as set forth below in Section ( 37), “Notices.” The Agreement shall be terminated upon the date set forth in the City’s Notice of Termination. If the City terminates this Agreement, the Consultant shall be compensated for all Services satisfactorily performed prior to the time of receipt of cancellation notice, and shall be compensated for materials ordered by the Consultant or its employees, or services of others ordered by the Consultant or its employees, prior to receipt of notice of cancellation whether or not such materials or final instruments of service of others have actually been delivered, provided that the Consultant or its employees are not able t o cancel such orders for materials or services of others.

Compensation for the Consultant in the event of cancellation shall be determined by City in accordance with the percentage of Services completed and agreed to by the Consultant. In the event of cancellation, all notes, sketches, computations, drawings, and specifications or other data, whether complete or not, remain the property of the City. The City may make copies or extract information from any such notes, sketches, computations, drawings, and specifications, or other data whether complete or not.

B. Termination for Cause. City may terminate this Agreement for cause by providing Consultant with one day’s written notice of such termination if Consultant violates any of the terms and conditions of this Agreement. In City’s discretion and at City’s option, such termination for cause may alternatively be accomplished, where Consultant fails to perform any of the obligations required of Consultant within the time and in the manner provided for under the terms of this Agreement, within seven days after receipt of the notice of such default. Upon City's termination of this Agreement for cause, City reserves the right to complete the Services by whatever means City deems expedient and the expense of completing such Services, as well as any and all damages to the extent caused by the negligent acts, intentional acts or errors or omissions of the Consultant, shall be charged to the Consultant.

C. Immediate Termination. City may terminate this Agreement immediately in any case where the Consultant engages in fraudulent or criminal activities while performing the Services, or is otherwise determined to lack the necessary skills to accomplish the desired objectives.

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(21) Ownership of Materials . Any and all documents, including draft documents where completed documents are unavailable, or materials prepared or caused to be prepared by Consultant pursuant to this Agreement shall be the property of the City at the moment of their completed preparation. All materials and records of a preliminary nature such as survey notes, sketches, preliminary plans, computations and other data, prepared or obtained in the performance of this Agreement, shall be made available, upon request, to City at no additi onal charge and without restriction or limitation on their use consistent with the intent of the original design.

(22) Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City's City Manager and approved as to form by the City Attorney. Such document shall expressly state that it is intended by the Parties to amend the terms and conditions of this Agreement.

(23) Abandonment by Consultant. In the event the Consultant ceases performing Services under this Agreement or otherwise abandons the Agreement prior to completing all of the Services, Consultant shall, without delay, delive r to City all materials and records prepared or obtained in the performance of this Agreement, and shall be paid for the reasonable value of the Services performed up to the time of cessation or abandonment, less a deduction for any damages or additional expenses which City incurs as a result of such cessation or abandonment.

(25) No Third -Party Rights . The Parties do not intend to create rights in, or to grant remedies to, any third party as a beneficiary of this Agreement or of any duty, covenant, obligation, or undertaking established herein.

(26) Severability. Should any part of this Agreement be declared by a final decision by a court or tribunal of competent jurisdiction to be unconstitutional, invalid, or beyond the authority of either Party to enter into or carry out, such decision shall not affect the validity of the remainder of this Agreement, which shall continue in full force and effect, provided that the remainder of this Agreement, absent the unexcised portion, can be reasonably interpreted to give effect to the intentions of the Parties.

(27) Compliance with Laws. In the performance of this Agreement, Consultant shall abide by and conform to any and all applicable laws of the United States, the State of California, and City ordinances. Consultant warrants that all Services done under this Agreement will be in compliance with all applicable safety rules, laws, statutes and practices, including but not limited to Cal/OSHA regulations.

(28) Controlling Law and Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of Cali fornia, and venue for any legal action arising from or relating to this Agreement will be in the Superior Court of Contra Costa County, and no other place. Consultant hereby waives the removal provisions of Code of Civil Procedure section 394.

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(29) Breach. In the event that Consultant fails to perform any of the Services described in this Agreement or otherwise breaches the Agreement, City shall have the right to pursue all remedies provided by law and equity. Neither payment by the City nor performance by Consultant shall be construed as a waiver of either Party's rights or remedies against the other. Failure to require full and timely performance of any provision, at any time, shall not waive or reduce the right to insist upon complete and timely performance of such provision thereafter. In the event of any suit, action or proceeding brought by either Party for breach of any term hereof or to enforce any provision hereof, the prevailing party shall be entitled to recover its reasonable attorney’ s fees.

(30) Inspection by Other Agencies . Authorized representatives of the Federal Government, the California Department of Transportation, or other government agencies which provide grant funding (if any) for this Agreement and the City have the right to inspect Consultant’s performance of the Services, files, and work product.

(31) Conflict of Interest. Consultant warrants and covenants that Consultant presently has no interest in, nor shall any interest be acquired in, any matter which will render the services required under the provisions of this Agreement a violation of any applicable state, local, or federal law. In the event that any conflict of interest should nevertheless arise, Consultant shall promptly notify City of the existence of such conflict of interest so that the City may determine whether to terminate this Agreement. Consultant furth er warrants its compliance with the Political Reform Act (Gov. Code section 81000 et seq.) respecting this Agreement. Where City Manager determines, based on facts provided by City staff, that Consultant meets the criteria of section 18701 of the FPPC regu lations, the individual providing services under this Agreement shall be considered a “designated employee” under the City’s conflict of interest code, and shall be required to complete FPPC Form 700 regarding his or her economic interests in a timely manner.

(32) Copyright. Upon City's request, Consultant shall execute appropriate documents to assign to the City the copyright to work created pursuant to this Agreement. The issuance of a patent or copyright to Consultant or any other person shall not affect City's rights to the materials and records prepared or obtained in the performance of this Agreement. City reserves a license to use such materials and records without restriction or limitation consistent with the intent of the original design, and City shall not be required to pay any additional fee or royalty for such materials or records. The license reserved by City shall continue for a period of fifty years from the Effective Date unless extended by operation of law or otherwise.

(33) Whole Agreement . This Agreement constitutes the entire understanding and agreement of the parties. This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto and supersedes all negotiations or previous agreements between the Parties with respect to all or any part of the subject matter hereof.

(35) Counterparts. This Agreement may be executed in duplicate counterparts.

(36) Multiple Copies of Agreement . Multiple copies of this Agreement may be executed but the parties agree that the Agreement on file in the office of the City Clerk is the version of the Updated: 3/25 Page 14
Agreement that shall take precedence should any differences exist among counterparts of the document.

(37) Notices. Notices re quired by this Agreement shall be personally delivered or mailed, postage prepaid, as follows:

To Consultant: ___________
Name, Title

Address

To the City: City Manager, City of San Pablo
San Pablo City Hall
1000 Gateway Avenue
San Pablo, CA 94806

Each Party shall provide the other Party with telephone and written notice of any change in address as soon as practicable. Notices given by personal delivery shall be effective immediately.

Notices given by mail shall be deemed to have been delivered forty-eight hours after having been deposited in the United States mail.

(38) Federal Funding Requirements (if applicable). If this Agreement is subject to federal funding, in whole or in part, it must comply with the uniform federal award procurement requirements set forth in 2 CFR §§ 200.318 – 200.327, as may be amended from time to time, and contain the applicable provisions described in Appendix II to Part 200 – Contract Provisions for non-Federal Entity Contracts Under Federal Awards, which are attached to this Agreement as Exhibit C. In the event of a conflict or inconsistency between Exhibit C, Exhibit D, if applicable, and this Agreement, Exhibit C will control.

[Indicate whether the Agreement is subject to federal funding by marking the appropriate provision below.]
___ This Agreement is subject to federal funding. See Exhibit C. ___ This Agreement is not subject to federal funding.

(39) Caltrans Funding Requirements (if applicable). If this Agreement is for architectural and/or engineering services subject to reimbursement or funding, in whole or in part, by Caltrans and administered under the Local Assistance Procedures Manual (“LAPM”), it must include the provisions set forth in Exhibit D, Mandatory Fiscal and Federal Provisions for Architectural and Engineering Consultant Contracts Subject to Caltrans Funding. In the event of any conflict or inconsistency between Exhibit D and this Agreement, Exhibit D will control.

[Indicate whether the Agreement is subject to reimbursement or funding by Caltrans by marking the appropriate provision below. Be sure to check the current LAPM requirements.]
__ This Agreement is subject to funding by Caltrans. See Exhibit D. __ This Agreement is not subject to funding by Caltrans.

IN WITNESS WHEREOF, Consultant has executed this Agreement, and the City, by its City Manager, who is authorized to do so, has executed this Agreement.

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APPROVED AS TO FORM: CITY OF SAN PABLO
A Municipal Corporation

By _______________________________ By ___________________________________ Brian P. Hickey, City Attorney Matt Rodriguez, City Manager

Date signed: _______________________ Date signed:___________________________

[NAME OF CONSULTANT]

By ___________________________________
Consultant, [Title]

Date signed:___________________________
ATTEST:

By _______________________________ Date signed:___________________________ Dorothy Gantt, City Clerk

Attachments: Exhibit A: Request for Proposals, dated __________ Exhibit B: Consultant’s Proposal, dated __________
Exhibit C (if applicable): Federal Contract Provisions
Exhibit D (if applicable): Mandatory Fiscal and Federal Provisions for Architectural and Engineering Consultant Contracts Subject to Caltrans Funding

N:\RESOURCES\City Forms\Contracts\01 Template Consultant Agreements\AGR Master Consultant Agreement Template
Updated: 3/25 Page 16
Exhibit A
<Insert City’s Request for Proposals>

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Exhibit B
<Insert Consultant’s Proposal>
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Exhibit C
Federal Contract Provisions

Federally Funded Projects. This Project is funded in whole or in part by federal funds and subject to the following federal requirements under the terms of the funding agreement(s) between City and the federal agency or agencies providing federal funds, which are fully incorporated by this reference and made part of the Agreement. Copies of any funding agreement between City and a funding agency will be made available upon request. In the event of any conflict or inconsistency between Exhibit C, Exhibit D, if applicable, and this Agreement, Exhibit C will control.

1. Equal Opportunity. If this Agreement is for public works, during the performance of this Agreement, the Consultant agrees as follows:

(A) The Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

(B) The Consultant will, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

(C) The Consultant will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision will not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee’s essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Consultant's legal duty to furnish information.

(D) The Consultant will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the labor union or workers' representatives of the Consultant’s commitments under this Section, and will post copies of the notice in conspicuous places available to employees and applicants for employment.

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(E) The Consultant will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the United States Secretary of Labor.

(F) The Consultant will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the United States Secretary of Labor, or pursuant thereto, and will permit access to its books, records, and accounts by the administering agency and the United States Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

(G) In the event of the Consultant’s noncompliance with the nondiscrimination clauses of this Agreement or with any of the rules, regulations, or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further federal government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the United States Secretary of Labor, or as otherwise provided by law.

(H) The Consultant will include the portion of the sentence immediately preceding paragraph (A) and the provisions of paragraphs (A) through (H) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the United States Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Consultant will take such action with respect to any subcontract or purchase order as the City or funding agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a Consultant becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the City or funding agency, the Consultant may request the United States to enter into such litigation to protect the interests of the United States.

2. Davis-Bacon Act. If this Agreement is for public works, Consultant must comply with the Davis-Bacon Act (40 U.S.C. § 3141 et seq.) and the requirements of 29 CFR Park 5 as may be applicable, including the provisions in 29 CFR § 5.5(a), which are attached hereto and incorporated herein by reference. Consultant will pay wages to laborers and mechanics, not less than once a week, and at a rate not less than the current federal prevailing wages specified in the Davis-Bacon Act Wage Determination attached hereto and incorporated herein. By entering into this Agreement, Consultant accepts the attached Wage Determination. Consultant and Subcontractors/Subconsultants must insert the requirements in 29 CFR § 5.5(a) in full into subcontracts of any tier. <The current Davis-Bacon Act Wage Determination, which may be accessed at https://www.wdol.gov/dba.aspx must be printed and included with the Agreement.

Additionally, the current provisions at 29 CFR § 5.5(a), which may be accessed at https://www.ecfr.gov/current/title-29/subtitle-A/part-5/subpart-A/section-5.5, should be printed and included with the Agreement. Refer to the applicable Notice of funding Opportunity or other program guidance and/or contact the federal funding agency representative for additional information on how to implement this requirement and any other required Agreement provisions for compliance with the Davis-Bacon Act and related acts and incorporate the federal agency- specific requirements, as appropriate.>
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3. Copeland “Anti-Kickback” Act. If this Agreement is for public works, Consultant will comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 CFR Part 3 as may be applicable, which are incorporated by reference into this Agreement.

Consultant and subcontractors must insert this requirement into subcontracts of any tier.

Consultant is responsible for compliance with these requirements by each subcontractor of any tier.

4. Contract Work Hours and Safety Standards Act. In addition to the California state law requirements, Consultant and each subcontractor must comply with the requirements of the federal Contract Work Hours and Safety Standards Act (“CWHSSA”), as set forth in 40 U.S.C. §§ 3701-3708, as supplemented by the regulations set forth in 29 CFR Part 5, including 29 CFR § 5.5(b), as may be amended from time to time, which are fully incorporated herein, including:

(A) Overtime Requirements. No Consultant or subcontractor contracting for any part of the Work which may require or involve the employment of laborers or mechanics will require or permit any such laborer or mechanic in any workweek in which he or she is employed on such Work to work in excess of 40 hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of 40 hours in such workweek.

(B) Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any violation of the clause set forth in (A), above, the Consultant and any subcontractor responsible therefore will be liable for the unpaid wages and interest from the date of the underpayment. In addition, such Consultant and subcontractor will be liable to the United States for liquidated damages. The liquidated damages will be computed with respect to each individual laborer or mechanic, including watchpersons and guards, employed in violation of the clause set forth in (A) of this Section, in the sum of $32 (or as otherwise set forth in 29 CFR § 5.5(b)) for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in (A) of this Section.

(1) Withhold Process. The City may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the Contractor so much of the accrued payments or advances as may be considered necessary to satisfy the liabilities of the Contractor or any Subcontractor for any unpaid wages; monetary relief, including interest; and liquidated damages required by the clauses set forth in this Section, any other Federal contract with the same Contractor, or any other federally assisted contract subject to the CWHSSA that is held by the same Contractor (as defined in 29 CFR §

5.2). The necessary funds may be withheld from the Contractor under this Contract, any other Federal contract with the same Contractor, or any other federally assisted contract that is subject to the CWHSSA and is held by the same Contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld.

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(2) Priority to Withheld Funds. The Department of Labor has priority to funds withheld or to be withheld in accordance with 29 CFR § 5.5(a)(2)(i) or 29 CFR § 5.5(b)(3)(i), or both, over claims to those funds by: (a) a contractor's sureties, including without limitation performance bond sureties and payment bond sureties; (b) a contracting agency for its re-procurement costs; (c) a trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate; (d) a contractor's assignee(s); (e) a contractor's successor(s); or (f) a claim asserted under the Prompt Payment Act (31 U.S.C. §§ 3901–3907).

(D) Subcontracts. Contractor and Subcontractors must insert in any subcontracts the clauses set forth in this Section and a clause requiring Subcontractors to include these clauses in any lower tier subcontracts. Contractor is responsible for compliance by any Subcontractor or lower tier Subcontractor with the clauses set forth in this Section.

In the event of any violations of these clauses, the Contractor and any Subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower-tier Subcontractors, and associated liquidated damages and may be subject to debarment, as appropriate.

(E) Anti-Retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for:

(1) Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the CWHSSA or its implementing regulations in 29 CFR Part 5;
(2) Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under CWHSSA or 29 CFR Part 5;
(3) Cooperating in any investigation or other compliance action, or testifying in any proceeding under CWHSSA or 29 CFR Part 5; or
(4) Informing any other person about their rights under CWHSSA or 29 CFR Part

5. (F) CWHSSA Required Records. To the extent that the Contract is subject only to the CWHSSA and not to any of the other Laws referenced in 29 CFR § 5.1, Contractor and its Subcontractors must maintain regular payrolls and other basic records during the course of the Work and must preserve them for a period of three years after all the Work on the Contract is completed for all laborers and mechanics, including guards and watchpersons, working on the Contract. Such records must contain the name; last known address, telephone number, and email address; and social security number of each such worker; each worker's correct classification(s) of Work actually performed; hourly rates of wages paid; daily and weekly number of hours actually worked; deductions made; and actual wages paid. The records must be made available by the Contractor or Subcontractor for inspection, copying, or transcription by authorized representatives of the City and the Department of Labor, and the Contractor or Subcontractor will permit such representatives to interview workers during working hours on the job.

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5. Rights to Inventions. If the federal funding for this Agreement meets the definition of “funding agreement” under 37 CFR section 401.2(a) and constitutes an agreement between the City and a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency, will apply to this Agreement and are fully incorporated into the Agreement by this reference.

6. Clean Air Act. If the Agreement is for an amount in excess of $150,000, Consultant and each subcontractor must comply with the requirements of the Clean Air Act, as amended, (42 U.S.C. §§ 7401-7671q), and all applicable standards, orders, and regulations issued pursuant thereto, which are fully incorporated into the Agreement by this reference, including requirements for reporting violations to the City, federal awarding agency, and the applicable Regional Office for the Environmental Protection Agency. Consultant and subcontractors must insert this requirement into subcontracts of any tier in excess of $150,000.

7. Federal Water Pollution Control Act. If the Agreement is for an amount in excess of $150,000, Contractor and each subcontractor must comply with the requirements of the Federal Water Pollution Control Act (33 U.S.C. §§ 1251-1387), and all applicable standards, orders, and regulations issued pursuant thereto, which are fully incorporated into the Agreement by this reference, including requirements for reporting violations to the City, federal awarding agency, and the applicable Regional Office for the Environmental Protection Agency requirements for reporting violations. Consultant and subcontractors must insert this requirement into subcontracts of any tier in excess of $150,000.

8. Suspension and Debarment. This Agreement is a covered transaction for purposes of 2 CFR Part 180 and 2 CFR Part 3000. Consultant is required to verify that none of its principals, as defined at 2 CFR section 180.995, or its affiliates, as defined at 2 CFR section 180.905, are excluded or disqualified, as defined at 2 CFR sections 180.935 and 180.940.

Consultant must comply with 2 CFR Part 180, subpart C and 2 CFR Part 3000, subpart C, and must include a provision requiring compliance with these regulations in any subcontract of any tier. If it is later determined that the Consultant did not comply with the applicable subparts, in addition to remedies available to City, the federal government may pursue available remedies, including, but not limited to, suspension and/or debarment. By submitting a bid and entering into this Agreement, Consultant agrees to comply with these requirements.

9. Byrd Anti-Lobbying Amendment. If the Agreement is for an amount in excess of $100,000, Consultant must comply with the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352) and file the certification provided at 44 CFR Part 18, Appendix A, and any disclosures, with the City. Each tier certifies to the tier above that it will not and has not used federal- appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier will also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures will be forwarded from tier to tier up to the recipient who in turn will forward the disclosure(s) to the federal awarding agency.

Updated: 3/25 Page 23

10. Procurement of Recovered Materials. The requirements of section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976 at 42 U.S.C. § 6962, apply to this Agreement and are fully incorporated into the Agreement by this reference. For individual purchases of $10,000 or more, Consultant will make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired (A) competitively within the Agreement schedule, (B) in conformance with Agreement performance requirements, or (C) at a reasonable price.

Information on this requirement, including a list of EPA-designated items, is available at the EPA’s Comprehensive Procurement Guidelines website:
https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.

11. Small and Minority Businesses. When procuring subcontractors, Consultant will consider small businesses, minority businesses, women’s business enterprises, veteran- owned businesses, and labor surplus area firms, as set forth in 2 CFR § 200.321, when possible and subject to the limitations of law. Consideration means:

(A) Solicitation Lists. These business types are included on solicitation lists.

(B) Soliciting Potential Sources. These business types are solicited whenever they are deemed eligible as potential sources.

(C) Maximizing Participation. Dividing procurement transactions into separate procurements to permit maximum participation by these business types.

(D) Establishing Delivery Schedules. Establishing delivery schedules that encourage participation by these business types.

(E) Organizational Assistance. Utilizing organizations such as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce.

(F) Lower-Tier Subcontracts. Requiring Subcontractors to apply this Section to lower-tier subcontracts, if any.

12. Prohibition on Covered Telecommunications. Federal loan or grant funds must not be obligated or expended to procure or obtain covered telecommunications equipment or services, extend or renew a contract to procure or obtain covered telecommunications equipment or services, or enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, as further specified in 2 CFR § 200.216, which is fully incorporated into the Agreement by this reference. “Covered telecommunications equipment or services” means any of the following: telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); telecommunications or video surveillance services provided by such entities or using such equipment; or telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the Updated: 3/25 Page 24
government of a covered foreign country. The term “covered telecommunications equipment or services” also includes systems that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Contractor will include this provision in all subcontracts or purchase orders in connection with the work.

13. Domestic Preferences for Procurements. The City should, to the greatest extent practicable and consistent with laws, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States, as further specified in 2 CFR § 200.322, which is fully incorporated into the Agreement by this reference, including, but not limited to, iron, aluminum, steel, cement, and other manufactured products, as specified therein. The requirements of 2 CFR § 200.322 must be included in all subcontracts and purchase orders for work or products under the federal award.

Updated: 3/25 Page 25
Exhibit D
Mandatory Fiscal and Federal Provisions
for Architectural and Engineering Consultant Contracts
Subject to Caltrans Funding

<DELETE BEFORE FINALIZING: The following provisions are referenced in Chapter 10, Consultant Selection, of the Local Assistance Procedures Manual and set forth in Exhibit 10-R, A&E Boilerplate Agreement Language, as the boilerplate provisions for architectural and engineering consultant contracts. Of the various boilerplate provisions in Exhibit 10-R, the fiscal and federal provisions are required for any federally-funded contract. Staff should cross-reference the most current Exhibit 10-R (at https://dot.ca.gov/programs/local-assistance/forms/local-assistance- procedures-manual-forms) to ensure that these provisions are up-to-date.

Exhibit 10-R indicates that the language is recommended and acknowledges that the language may be modified as recommended by the City’s legal staff and to fit the City’s requirements and project. Within many of the provisions, are “Options” that Staff must tailor to meet the needs of the particular Agreement. Staff should follow the prompts regarding the options and delete any provisions that are not necessary given the selected option. These instructions and the italicized prompts throughout the attachment should also be deleted prior to use. >

Caltrans Funded Agreement. This Agreement is for architectural and/or engineering services funded in whole or in part by Caltrans and subject to the following provisions. In the event of any conflict or inconsistency between Exhibit D and this Agreement, Exhibit D will control.

1. Consultant’s Reports or Meetings (Exhibit 10-R, Article II).

A. Consultant shall submit progress reports at least once a month. The report should be sufficiently detailed for the City’s contract administrator to determine if Consultant is performing to expectations or is on schedule, to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed.

B. Consultant’s project manager shall meet with City’s contract administrator, as needed, to discuss progress on the Agreement.

A. Consultant shall submit progress reports on each specific project in accordance with the task order. These reports shall be submitted at least once a month. The report should be sufficiently detailed for City’s contract administrator or project coordinator to determine if Consultant is performing to expectations or is on schedule, to provide communication of interim findings, and to sufficiently address any difficulties or special Updated: 3/25 Page 26
problems encountered, so remedies can be developed.

B. Consultant’s project manager shall meet with City’s contract administrator or project coordinator, as needed, to discuss progress on the project(s).

2. Performance Period (Exhibit 10-R, Article IV).

<A time must be set for beginning and ending the work under the agreement.

The time allowed for performing the work is specified; it should be reasonable for the kind and amount of services contemplated; and it is written into the agreement. If it is desirable that Critical Path Method (CPM) networks, or other types of schedules be prepared by Consultant, they should be identified and incorporated into the agreement.>

A. This Agreement shall go into effect on <______>, contingent upon approval by City, and Consultant shall commence work after notification to proceed by City’s contract administrator. The Agreement shall end on <_____>, unless extended by amendment to the Agreement.

B. Consultant is advised that any recommendation for award of the Agreement is not binding on City until the Agreement is fully executed and approved by City.

< Add paragraph C below in addition to paragraphs A & B above for on-call agreements.

On-call agreements must not exceed five years.>

C. The period of performance for each specific project shall be in accordance with the task order for that project. If work on a task order is in progress on the expiration date of this Agreement, the Term of the Agreement shall be extended by amendment to the Agreement prior to expiration of the Agreement to cover the time needed to complete the task order in progress only. The maximum term shall not exceed five years.

3. Allowable Costs and Payments (Exhibit 10-R, Article V).

<Option 1 - Use paragraphs A through I below for Cost-Plus-Fixed Fee agreements.

Use LAPM Exhibit 10-H1: Cost Proposal Format.>

A. The method of payment for this Agreement will be based on actual cost plus a fixed fee. City will reimburse Consultant for actual costs (including labor costs, employee benefits, travel, equipment rental costs, overhead and other direct costs) incurred by Consultant in performance of the work. Consultant will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead, and other estimated costs set forth in Consultant’s approved cost proposal, unless additional reimbursement is provided for by amendment to the Agreement. In no event will Consultant be reimbursed for overhead costs at a rate that exceeds the City approved overhead rate set forth in the cost proposal. In the event that City determines that a change to the work from that specified in the cost proposal and Agreement is required, the Agreement time or actual costs reimbursable by City shall be adjusted by amendment to the Agreement to accommodate the changed work. The Updated: 3/25 Page 27
maximum total cost as specified in Paragraph “I” shall not be exceeded, unless authorized by amendment to the Agreement.

B. The indirect cost rate established for this Agreement is extended through the duration of this specific Agreement. Consultant’s agreement to the extension of the 1- year applicable period shall not be a condition or qualification to be considered for the work or award of the Agreement.

C. In addition to the allowable incurred costs, City will pay Consultant a fixed fee of $<_______>. The fixed fee is nonadjustable for the Term of the Agreement, except in the event of a significant change in the scope of services and such adjustment is made by amendment to the Agreement.

D. Reimbursement for transportation and subsistence costs shall not exceed the rates specified in the approved cost proposal.

E. When milestone cost estimates are included in the approved cost proposal, Consultant shall obtain prior written approval for a revised milestone cost estimate from the contract administrator before exceeding such cost estimate.

F. Progress payments will be made monthly in arrears based on services provided and allowable incurred costs. A pro rata portion of Consultant’s fixed fee will be included in the monthly progress payments. If Consultant fails to submit the required deliverable items according to the schedule set forth in the scope of services, City shall have the right to delay payment or terminate this Agreement.

G. No payment will be made prior to approval of any work, nor for any work performed prior to approval of this Agreement.

H. Consultant will be reimbursed promptly according to California Regulations upon receipt by City’s contract administrator of itemized invoices in duplicate. Invoices shall be submitted no later than 30 calendar days after the performance of work for which Consultant is billing. Invoices shall detail the work performed on each milestone and each project as applicable. Invoices shall follow the format stipulated for the approved cost proposal and shall reference this Agreement number and project title. Final invoice must contain the final cost and all credits due City including any equipment purchased under the provisions of Section 9 (Article XI), Equipment Purchase and Other Capital Expenditures, of this Exhibit D. The final invoice should be submitted within 60 calendar days after completion of Consultant’s work. Invoices shall be mailed to City at the following address:

City Manager
1000 Gateway Avenue
San Pablo, CA 94806

I. The total amount payable by City including the fixed fee shall not exceed $<_______>.

J. For personnel subject to prevailing wage rates as described in the California Labor Code, all salary increases, which are the direct result of changes in the prevailing wage rates are reimbursable.

Updated: 3/25 Page 28

<Option 2 - For Cost per Unit of Work agreements, replace paragraphs A & B of Option 1 with the following paragraphs A, B, and C and re-letter the remaining paragraphs.

Adjust as necessary for work specific to your project. Use Exhibit 10-H3: Cost Proposal Format.>

A. The method of payment for the following items shall be at the rate specified for each item, as described in this Section. The specified rate shall include full compensation to Consultant for the item as described, including but not limited to, any repairs, maintenance, or insurance, and no further compensation will be allowed therefor.

B. The specified rate to be paid for vehicle expense for Consultant’s field personnel shall be $<________> per approved cost proposal. This rate shall be for fully equipped vehicle(s) specified in the scope of services, as applicable. The specified rate to be paid for equipment shall be as listed in the approved cost proposal.

C. The method of payment for this Agreement, except those items to be paid for on a specified rate basis, will be based on cost per unit of work. City will reimburse Consultant for actual costs (including labor costs, employee benefits, travel, equipment- rental costs, overhead and other direct costs) incurred by Consultant in performance of the work. Consultant will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead and other estimated costs set forth in the approved cost proposal, unless additional reimbursement is provided for, by amendment to this Agreement. In no event will Consultant be reimbursed for overhead costs at a rate that exceeds the City approved overhead rate set forth in the approved cost proposal. In the event City determines that changed work from that specified in the approved cost proposal and Agreement is required, the actual costs reimbursable by City may be adjusted by amendment to this Agreement to accommodate the changed work. The maximum total cost as specified in Paragraph “I,” shall not be exceeded unless authorized by amendment to this Agreement.

<Option 3 - Use paragraphs A through P for Specific Rates of Compensation agreements [such as on-call agreements]. This payment method shall only be used when it is not possible at the time of procurement to estimate the extent or duration of the work or to estimate costs with any reasonable degree of accuracy. The specific rates of compensation payment method should be limited to agreements or components of agreements for specialized support type services where the Consultant is not in direct control of the number of hours worked, such as construction engineering and inspection.

Use Exhibit 10-H2: Cost Proposal Format.>

A. Consultant will be reimbursed for hours worked at the hourly rates specified in Consultant’s approved cost proposal. The specified hourly rates shall include direct salary costs, employee benefits, prevailing wages, employer payments, overhead, and fee. These rates are not adjustable for the performance period set forth in this Agreement. Consultant will be reimbursed within 30 days upon receipt by City’s contract administrator of itemized invoices in duplicate.

Updated: 3/25 Page 29
B. In addition, Consultant will be reimbursed for incurred (actual) direct costs other than salary costs that are in the approved cost proposal and identified in the approved cost proposal and in the executed task order.

C. Specific projects will be assigned to Consultant through issuance of task orders.

D. After a project to be performed under this Agreement is identified by City, City will prepare a draft task order, less the cost estimate. A draft task order will identify the scope of services, expected results, project deliverables, period of performance, project schedule and will designate a City project coordinator. The draft task order will be delivered to Consultant for review. Consultant shall return the draft task order within ten (10) calendar days along with a cost estimate, including a written estimate of the number of hours and hourly rates per staff person, any anticipated reimbursable expenses, overhead, fee if any, and total dollar amount. After agreement has been reached on the negotiable items and total cost, the finalized task order shall be signed by both City and Consultant.

E. Task orders may be negotiated for a lump sum (firm fixed price) or for specific rates of compensation, both of which must be based on the labor and other rates set forth in Consultant’s approved cost proposal.

Consultant shall be responsible for any future adjustments to prevailing wage rates including, but not limited to, base hourly rates and employer payments as determined by the Department of Industrial Relations. Consultant is responsible for paying the appropriate rate, including escalations that take place during the Term of the Agreement.

F. Reimbursement for transportation and subsistence costs shall not exceed State rates.

F. Reimbursement for transportation and subsistence costs shall not exceed the rates as specified in the approved cost proposal. Consultant will be responsible for transportation and subsistence costs in excess of State rates.

G. When milestone cost estimates are included in the approved cost proposal, Consultant shall obtain written approval from the City’s contract administrator, in the form of an amendment to the Agreement, for a revised milestone cost estimate, before exceeding such estimate.

H. Progress payments for each task order will be made monthly in arrears based on services provided and actual costs incurred.

I. Consultant shall not commence performance of work or services until this Agreement has been approved by City, and notification to proceed has been issued by City’s contract administrator. No payment will be made prior to approval or for any work performed prior to approval of this Agreement.

Updated: 3/25 Page 30
J. A task order is of no force or effect until returned to City and signed by an authorized representative of City. No expenditures are authorized on a project and work shall not commence until a task order for that project has been executed by City.

K. Consultant will be reimbursed within 30 days upon receipt by City’s contract administrator of itemized invoices in duplicate. Separate invoices itemizing all costs are required for all work performed under each task order. Invoices shall be submitted no later than 30 calendar days after the performance of work for which Consultant is billing, or upon completion of the task order. Invoices shall detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format stipulated for the approved cost proposal and shall reference this Agreement number, project title and task order number. Credits due City that include any equipment purchased under the provisions of Section 9 (Article XI), Equipment Purchase and Other Capital Expenditures, of this Exhibit D, must be reimbursed by Consultant prior to the expiration or termination of this Agreement. Invoices shall be mailed to City at the following address:

City Manager
1000 Gateway Avenue
San Pablo, CA 94806

L. The period of performance for task orders shall be in accordance with dates specified in the task order. No task order will be written which extends beyond the expiration date of this Agreement.

M. The total amount payable by City for an individual task order shall not exceed the amount agreed to in the task order, unless authorized by amendment.

N. If Consultant fails to satisfactorily complete a deliverable according to the schedule set forth in a task order, no payment will be made until the deliverable has been satisfactorily completed.

O. Task orders may not be used to amend this Agreement and may not exceed the scope of services under this Agreement.

P. The total amount payable by City for all task orders resulting from this Agreement shall not exceed $<______>. It is understood and agreed that there is no guarantee, either expressed or implied that this dollar amount will be authorized under this Agreement through task orders.

A. The method of payment for this Agreement will be based on lump sum. The total lump sum price paid to Consultant will include compensation for all work and deliverables, including travel and equipment described in the scope of services. No additional compensation will be paid to Consultant, unless there is a change in the scope of the services or the scope of the project. In the instance of a change in the scope of services or scope of the project, adjustment to the total lump sum compensation will be negotiated between Consultant and City. Adjustment in the total lump sum Updated: 3/25 Page 31
compensation will not be effective until authorized by amendment to this Agreement and approved by City.

B. Progress payments may be made monthly in arrears based on the percentage of work completed by Consultant. If Consultant fails to submit the required deliverable items according to the schedule set forth in the scope of services, City shall have the right to delay payment or terminate this Agreement in accordance with the provisions of Section 4 (Article VI), Termination, of this Exhibit D.

C. Consultant shall not commence performance of work or services until this Agreement has been approved by City and notification to proceed has been issued by City’s contract administrator. No payment will be made prior to approval of any work, or for any work performed prior to approval of this Agreement.

D. Consultant will be reimbursed within 30 days upon receipt by City’s contract administrator of itemized invoices in duplicate. Invoices shall be submitted no later than 30 calendar days after the performance of work for which Consultant is billing. Invoices shall detail the work performed on each milestone, on each project as applicable.

Invoices shall follow the format stipulated for the approved cost proposal and shall reference this Agreement number and project title. Final invoice must contain the final cost and all credits due City that include any equipment purchased under the provisions of Section 9 (Article XI), Equipment Purchase and Other Capital Expenditures, of this Exhibit D. The final invoice must be submitted within 60 calendar days after completion of Consultant’s work unless a later date is approved by City. Invoices shall be mailed to City at the following address:

City Manager
San Pablo City Hall
1000 Gateway Avenue
San Pablo, CA 94806

E. The total amount payable by City shall not exceed $<________>.

4. Termination (Exhibit 10-R, Article VI).

A. This Agreement may be terminated by City, provided that City gives not less than thirty (30) calendar days’ written notice (delivered by certified mail, return receipt requested) of intent to terminate. Upon termination, City shall be entitled to all work, including, but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not.

B. City may temporarily suspend this Agreement, at no additional cost to City, provided that Consultant is given written notice (delivered by certified mail, return receipt requested) of temporary suspension. If City gives such notice of temporary suspension, Consultant shall immediately suspend its activities under this Agreement. A temporary suspension may be issued concurrent with the notice of termination.

C. Notwithstanding any provisions of this Agreement, Consultant shall not be relieved of liability to City for damages sustained by City by virtue of any breach of this Agreement by Consultant, and City may withhold any payments due to Consultant until Updated: 3/25 Page 32
such time as the exact amount of damages, if any, due City from Consultant is determined.

D. In the event of termination, Consultant shall be compensated as provided for in the Agreement. Upon termination, City shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not,

5. Cost Principles and Administrative Requirements (Exhibit 10-R, Article VII).

A. Consultant agrees that 48 CFR Part 31, Contract Cost Principles and Procedures, shall be used to determine the allowability of individual items of cost.

B. Consultant also agrees to comply with federal procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

C. Any costs for which payment has been made to Consultant that are determined by subsequent audit to be unallowable under 48 CFR Part 31 or 2 CFR Part 200 are subject to repayment by Consultant to City.

D. When a Consultant or subconsultant is a Non-Profit Organization or an Institution of Higher Education, the Cost Principles for Title 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards shall apply.

6. Retention of Records/Audits (Exhibit 10-R, Article VIII).

For the purpose of determining compliance with Government Code 8546.7, Consultant, subconsultants, and City shall maintain all books, documents, papers, accounting records, Independent CPA Audited Indirect Cost Rate workpapers, and other evidence pertaining to the performance of the Agreement, including, but not limited to, the costs of administering the Agreement. All parties, including Consultant’s Independent CPA, shall make such workpapers and materials available at their respective offices at all reasonable times during the Term of the Agreement and for four years from the date of final payment under the Agreement. City, Caltrans Auditor, FHWA, or any duly authorized representative of the Federal Government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have access to any books, records, and documents of Consultant, subconsultants, and Consultant’s Independent CPA, that are pertinent to the Agreement for audits, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested without limitation.

7. Audit Review Procedures (Exhibit 10-R, Article IX).

A. Any dispute concerning a question of fact arising under an interim or post audit of this Agreement that is not disposed of by agreement, shall be reviewed by City’s Chief Financial Officer.

B. Not later than 30 calendar days after issuance of the final audit report, Consultant may request a review by City’s Chief Financial Officer of unresolved audit issues. The request for review will be submitted in writing.

Updated: 3/25 Page 33

C. Neither the pendency of a dispute nor its consideration by City will excuse Consultant from full and timely performance, in accordance with the terms of this Agreement.

D. Consultant and subconsultant contracts, including cost proposals and Indirect Cost Rates (ICR), may be subject to audits or reviews such as, but not limited to, a contract audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the contract, cost proposal and ICR and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR Part 31 and other related laws and regulations. In the instances of a CPA ICR audit work paper review, it is Consultant’s responsibility to ensure federal, state, or local government officials are allowed full access to the CPA’s work papers including making copies as necessary. The contract, cost proposal, and ICR shall be adjusted by Consultant and approved by City’s contract administrator to conform to the audit or review recommendations. Consultant agrees that individual terms of costs identified in the audit report shall be incorporated into the Agreement by this reference if directed by City at its sole discretion. Refusal by Consultant to incorporate audit or review recommendations, or to ensure that the federal, state or local governments officials have access to CPA work papers, will be considered a breach of Agreement terms and cause for termination of the Agreement and disallowance of prior reimbursed costs.

E. Consultant’s cost proposal may be subject to a CPA ICR Audit Work Paper Review and/or audit by the Independent Office of Audits and Investigations (IOAI). IOAI, at its sole discretion, may review and/or audit and approve the CPA ICR documentation.

The cost proposal shall be adjusted by the Consultant and approved by City’s contract administrator to conform to the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report. Refusal by the Consultant to incorporate the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report will be considered a breach of the Agreement terms and cause for termination of the Agreement and disallowance of prior reimbursed costs.

1. During IOAI’s review of the ICR audit work papers created by the Consultant’s independent CPA, IOAI will work with the CPA and/or Consultant toward a resolution of issues that arise during the review. Each Party agrees to use its best efforts to resolve any audit disputes in a timely manner. If IOAI identifies significant issues during the review and is unable to issue a cognizant approval letter, City will reimburse the Consultant at an accepted ICR until a FAR (Federal Acquisition Regulation) compliant ICR {e.g. 48 CFR Part 31; GAGAS (Generally Accepted Auditing Standards); CAS (Cost Accounting Standards), if applicable; in accordance with procedures and guidelines of the American Association of State Highways and Transportation Officials (AASHTO) Audit Guide; and other applicable procedures and guidelines} is received and approved by IOAI.

Accepted rates will be as follows:

a. If the proposed rate is less than 150% - the accepted rate reimbursed will be 90% of the proposed rate.

Updated: 3/25 Page 34
b. If the proposed rate is between 150% and 200% - the accepted rate will be 85% of the proposed rate.

c. If the proposed rate is greater than 200% - the accepted rate will be 75% of the proposed rate.

2. If IOAI is unable to issue a cognizant letter per paragraph E.1. above, IOAI may require Consultant to submit a revised independent CPA-audited ICR and audit report within three (3) months of the effective date of the management letter. IOAI will then have up to six (6) months to review the Consultant’s and/or the independent CPA’s revisions.

3. If the Consultant fails to comply with the provisions of this Section E, or if IOAI is still unable to issue a cognizant approval letter after the revised independent CPA-audited ICR is submitted, overhead cost reimbursement will be limited to the accepted ICR that was established upon initial rejection of the ICR and set forth in paragraph E.1. above for all rendered services. In this event, this accepted ICR will become the actual and final ICR for reimbursement purposes under this Agreement.

4. Consultant may submit to City final invoice only when all of the following items have occurred: (1) IOAI accepts or adjusts the original or revised independent CPA-audited ICR; (2) all work under this Agreement has been completed to the satisfaction of City; and (3) IOAI has issued its final ICR review letter. Consultant must submit its final invoice to City no later than 60 calendar days after occurrence of the last of these items. The accepted ICR will apply to this Agreement and all other agreements executed by City and Consultant, either as a prime or subconsultant, with the same fiscal period ICR.

8. Subcontracting (Exhibit 10-R, Article X).

A. Nothing contained in this Agreement or otherwise, shall create any contractual relation between City and any subconsultant(s), and no subcontract shall relieve Consultant of its responsibilities and obligations hereunder. Consultant agrees to be as fully responsible to City for the acts and omissions of its subconsultant(s) and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by Consultant. Consultant’s obligation to pay its subconsultant(s) is an independent obligation from City’s obligation to make payments to Consultant.

B. Consultant shall perform the work contemplated with resources available within its own organization and no portion of the work shall be subcontracted without written authorization by City’s contract administrator, except that which is expressly identified in Consultant’s approved cost proposal. There shall be no change in Consultant’s project manager or members of the project team, as listed in the approved cost proposal, without prior written approval by City’s contract administrator.

C. Any subcontracts entered into as a result of this Agreement shall contain all the provisions stipulated in this Agreement to be applicable to subconsultants unless otherwise noted.

Updated: 3/25 Page 35
D. Consultant shall pay its subconsultants within fifteen (15) calendar days from receipt of each payment made to Consultant by City.

E. Any substitution of subconsultant(s) must be approved in writing by City’s contract administrator in advance of assigning work to a substitute subconsultant.

F. Prompt Progress Payment

Consultant or subconsultant shall pay to any subconsultant, not later than fifteen (15) days after receipt of each progress payment, unless otherwise agreed to in writing, the respective amounts allowed Consultant on account of the work performed by the subconsultants, to the extent of each subconsultant’s interest therein. In the event that there is a good faith dispute over all or any portion of the amount due on a progress payment from Consultant or subconsultant to a subconsultant, Consultant or subconsultant may withhold no more than 150% of the disputed amount. Any violation of this requirement shall constitute a cause for disciplinary action and shall subject the payor to a penalty, payable to the subconsultant, of 2% of the amount due per month for every month that payment is not made.

In any action for the collection of funds wrongfully withheld, the prevailing party shall be entitled to his or her attorney’s fees and costs. The sanctions authorized under this requirement shall be separate from, and in addition to, all other remedies, either civil, administrative, or criminal. This clause applies to both DBE and non-DBE subconsultants.

G. Prompt Payment of Withheld Funds to Subconsultants

City may hold retainage from Consultant and shall make prompt and regular incremental acceptances of portions, as determined by City, of the work, and pay retainage to Consultant based on these acceptances. Consultant or subconsultant shall return all monies withheld in retention from all subconsultants within 15 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the work by City. Any delay or postponement of payment may take place only for good cause and with City’s prior written approval. Any violation of these provisions shall subject the violating Consultant or subconsultant to the penalties, sanctions, and other remedies specified in section 3321 of the California Civil Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies otherwise available to Consultant or subconsultant in the event of a dispute involving late payment or nonpayment by Consultant, deficient subconsultant performance, and/or noncompliance by a subconsultant. This clause applies to both DBE and non-DBE subconsultants.

9. Equipment Purchase and Other Capital Expenditures (Exhibit 10-R, Article XI).

A. Prior authorization in writing by City’s contract administrator shall be required before Consultant enters into any unbudgeted purchase order, or subcontract exceeding $5,000 for supplies, equipment, or consultant services. Consultant shall provide an evaluation of the necessity or desirability of incurring such costs.

Updated: 3/25 Page 36
B. For purchase of any item, service or consulting work not covered in Consultant’s approved cost proposal and exceeding $5,000, with prior authorization by City’s contract administrator, three competitive quotations must be submitted with the request, or the absence of quotes must be adequately justified.

C. Any equipment purchased with funds provided under the terms of this Agreement is subject to the following:

1. Consultant shall maintain an inventory of all nonexpendable property.

Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of $5,000 or more. If the purchased equipment needs replacement and is sold or traded in, City shall receive a proper refund or credit at the conclusion of the Agreement, or if the Agreement is terminated, Consultant may either keep the equipment and credit City in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established City procedures, and credit City in an amount equal to the sales price. If Consultant elects to keep the equipment, fair market value shall be determined at Consultant’s expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by City and Consultant, if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by City.

2. Regulation 2 CFR Part 200 requires a credit to Federal funds when participating equipment with a fair market value greater than $5,000 is credited to the project.

10. State Prevailing Wage Rates (Exhibit 10-R, Article XII).

A. No Consultant or subconsultant may be awarded an agreement containing public work elements unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code section 1725.5. Registration with DIR must be maintained throughout the entire Term of this Agreement, including any subsequent amendments.

B. Consultant shall comply with all of the applicable provisions of the California Labor Code requiring the payment of prevailing wages. The General Prevailing Wage Rate Determinations applicable to work under this Agreement are available and on file with the Department of Transportation’s Regional/District Labor Compliance Officer (https://dot.ca.gov/programs/construction/labor-compliance). These wage rates are made a specific part of this Agreement by reference pursuant to Labor Code section 1773.2 and will be applicable to work performed at a construction project site. Prevailing wages will be applicable to all inspection work performed at City construction sites, at City facilities and at off-site locations that are set up by the construction contractor or one of its subcontractors solely and specifically to serve City projects.

C. General Prevailing Wage Rate Determinations applicable to this project may also be obtained from the Department of Industrial Relations website at http://www.dir.ca.gov.

D. Payroll Records

1. Each Consultant and subconsultant shall keep accurate certified payroll Updated: 3/25 Page 37
records and supporting documents as mandated by Labor Code section 1776 and as defined in 8 CCR section 16000 showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by Consultant or subconsultant in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:

a. The information contained in the payroll record is true and correct.

b. The employer has complied with the requirements of Labor Code sections 1771, 1811, and 1815 for any work performed by his or her employees on the public works project.

2. The payroll records enumerated under paragraph (1) above shall be certified as correct by Consultant under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by City representatives at all reasonable hours at the principal office of Consultant. Consultant shall provide copies of certified payrolls or permit inspection of its records as follows:

a. A certified copy of an employee’s payroll record shall be made available for inspection or furnished to the employee or the employee’s authorized representative on request.

b. A certified copy of all payroll records enumerated in paragraph (1) above, shall be made available for inspection or furnished upon request to a representative of City, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to City, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by Consultant.

c. The public shall not be given access to certified payroll records by Consultant. Consultant is required to forward any requests for certified payrolls to City’s contract administrator by both email and regular mail on the business day following receipt of the request.

3. Each Consultant shall submit a certified copy of the records enumerated in paragraph (1) above, to the entity that requested the records within ten (10) calendar days after receipt of a written request.

4. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by City shall be marked or obliterated in such a manner as to prevent disclosure of each individual’s name, address, and social security number. The name and address of Consultant or subconsultant performing the work shall not be marked or obliterated.

5. Consultant shall inform City of the location of the records enumerated Updated: 3/25 Page 38
under paragraph (1) above, including the street address, city and county, and shall, within five (5) working days, provide a notice of a change of location and address.

6. Consultant or subconsultant shall have ten (10) calendar days in which to comply subsequent to receipt of written notice requesting the records enumerated in paragraph (1) above. In the event the Consultant or subconsultant fails to comply within the ten (10) day period, he or she shall, as a penalty to City, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Such penalties will be withheld by the Division of Labor Enforcement Standards from payments then due. Consultant is not subject to a penalty assessment pursuant to this Section due to the failure of a subconsultant to comply with this Section.

E. When prevailing wage rates apply, Consultant is responsible for verifying compliance with certified payroll requirements. Invoice payment will not be made until the invoice is approved by City’s contract administrator.

F. Penalty

1. Consultant and any of its subconsultants shall comply with Labor Code sections 1774 and 1775. Pursuant to Labor Code section 1775, Consultant and any subconsultant shall forfeit to City a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the Agreement by the Consultant or by its subconsultant in violation of the requirements of the Labor Code and in particular, Labor Code sections 1770 to 1780, inclusive.

2. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of the Consultant or subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of Consultant or subconsultant in meeting their respective prevailing wage obligations, or the willful failure by the Consultant or subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if Consultant or subconsultant had knowledge of the obligations under the Labor Code. Consultant is responsible for paying the appropriate rate, including any escalations that take place during the Term of the Agreement.

3. In addition to the penalty and pursuant to Labor Code section 1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by Consultant or subconsultant.

4. If a worker employed by a subconsultant on a public works project is not paid the general prevailing per diem wages by the subconsultant, the prime Consultant of the project is not liable for the penalties described above unless the Updated: 3/25 Page 39
prime Consultant had knowledge of that failure of the subconsultant to pay the specified prevailing rate of wages to those workers or unless the prime Consultant fails to comply with all of the following requirements:

a. The agreement executed between the Consultant and the subconsultant for the performance of work on public works projects shall include a copy of the requirements in Labor Code sections 1771, 1775, 1776, 1777.5, 1813, and 1815.

b. Consultant shall monitor the payment of the specified general prevailing rate of per diem wages by the subconsultant to the employees by periodic review of the certified payroll records of the subconsultant.

c. Upon becoming aware of the subconsultant’s failure to pay the specified prevailing rate of wages to the subconsultant’s workers, Consultant shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subconsultant for work performed on the public works project.

d. Prior to making final payment to the subconsultant for work performed on the public works project, Consultant shall obtain an affidavit signed under penalty of perjury from the subconsultant that the subconsultant had paid the specified general prevailing rate of per diem wages to the subconsultant’s employees on the public works project and any amounts due pursuant to Labor Code section 1813.

5. Pursuant to Labor Code section 1775, City may notify Consultant on a public works project within fifteen (15) calendar days of receipt of a complaint that a subconsultant has failed to pay workers the general prevailing rate of per diem wages.

6. If City determines that employees of a subconsultant were not paid the general prevailing rate of per diem wages and if City did not retain sufficient money under the Agreement to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, Consultant shall withhold an amount of moneys due the subconsultant sufficient to pay those employees the general prevailing rate of per diem wages if requested by City.

G. Hours of Labor. Eight (8) hours labor constitutes a legal day’s work. Consultant shall forfeit, as a penalty to the City, twenty-five dollars ($25) for each worker employed in the execution of the Agreement by Consultant or any of its subconsultants for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of the Labor Code, and in particular sections 1810 to 1815 thereof, inclusive, except that work performed by employees in excess of eight (8) hours per day, and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day and forty (40) hours in any week, at not less than one and one-half (1.5) times the basic rate of pay, as provided in section 1815.

H. Employment of Apprentices
Updated: 3/25 Page 40

1. Where either the Agreement or the subagreement exceeds thirty thousand dollars ($30,000), Consultant and any subconsultants under him or her shall comply with all applicable requirements of Labor Code sections 1777.5, 1777.6 and 1777.7 in the employment of apprentices.

2. Consultant and subconsultants are required to comply with all Labor Code requirements regarding the employment of apprentices, including mandatory ratios of journey level to apprentice workers. Prior to commencement of work, Consultant and subconsultants are advised to contact the DIR Division of Apprenticeship Standards website at https://www.dir.ca.gov/das/, for additional information regarding the employment of apprentices and for the specific journey- to-apprentice ratios for the work under the Agreement. Consultant is responsible for all subconsultants’ compliance with these requirements. Penalties are specified in Labor Code section 1777.7.

11. Conflict of Interest (Exhibit 10-R, Article XIII).

A. During the Term of this Agreement, Consultant shall disclose any financial, business, or other relationship with City that may have an impact upon the outcome of this Agreement or any ensuing City construction project. Consultant shall also list current clients who may have a financial interest in the outcome of this Agreement or any ensuing City construction project which will follow.

B. Consultant certifies that it has disclosed to City any actual, apparent, or potential conflicts of interest that may exist relative to the services to be provided pursuant to this Agreement. Consultant agrees to advise City of any actual, apparent or potential conflicts of interest that may develop subsequent to the date of execution of this Agreement. Consultant further agrees to complete any statements of economic interest if required by either City ordinance or State law.

C. Consultant hereby certifies that it does not now have nor shall it acquire any financial or business interest that would conflict with the performance of services under this Agreement.

D. Consultant hereby certifies that Consultant or subconsultant and any firm affiliated with Consultant or subconsultant that bids on any construction contract or on any agreement to provide construction inspection for any construction project resulting from this Agreement has established necessary controls to ensure a conflict of interest does not exist. An affiliated firm is one which is subject to the control of the same persons through joint ownership or otherwise.

12. Rebates, Kickbacks or Other Unlawful Consideration (Exhibit 10-R, Article XIV).

Consultant warrants that this Agreement was not obtained or secured through rebates kickbacks or other unlawful consideration, either promised or paid to any City employee.

For breach or violation of this warranty, City shall have the right, in its discretion, to terminate the Agreement without liability, to pay only for the value of the work actually performed, or to deduct from the Agreement price or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.

Updated: 3/25 Page 41

13. Prohibition of Expending Local Agency, State, or Federal Funds for Lobbying (Exhibit 10-R, Article XV).

A. Consultant certifies, to the best of his or her knowledge and belief, that:

1. No state, federal or local agency appropriated funds have been paid or will be paid, by or on behalf of Consultant, to any person for influencing or attempting to influence an officer or employee of any local, state or federal agency, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress, in connection with the awarding or making of this Agreement, or with the extension, continuation, renewal, amendment, or modification of this Agreement.

2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with this Agreement, Consultant shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions.

B. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. section 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

C. Consultant also agrees by signing this Agreement that he or she shall require that the language of this certification be included in all lower-tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly.

14. Non-Discrimination Clause and Statement of Compliance (Exhibit 10-R, Article XVI).
<Attach Appendix A and Appendix E of the Title VI Assurances to the agreement. These appendices are available at https://dot.ca.gov/programs/local-assistance/guidance-and- oversight/title-vi/requirements.>

A. This Agreement is subject to Appendix A and Appendix E of the Title VI Assurances, which are attached to this Agreement. Consultant’s signature affixed to the Agreement, and dated, shall constitute a certification under penalty of perjury under the laws of the State of California that Consultant has, unless exempt, complied with the nondiscrimination program requirements of Gov. Code §12990 and 2 CCR § 8103.

B. During the performance of this Agreement, Consultant and its subconsultants shall not deny the Agreement’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical Updated: 3/25 Page 42
condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Consultant and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.

C. Consultant and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 et seq.), the applicable regulations promulgated thereunder (2 CCR §11000 et seq.), the provisions of Gov. Code §§11135- 11139.5, and the regulations or standards adopted by City to implement such article.

The applicable regulations of the Fair Employment and Housing Commission implementing Gov. Code § 12990 (a-f), set forth 2 CCR §§ 8100-8504, are incorporated into this Agreement by reference and made a part hereof as if set forth in full.

D. Consultant shall permit access by representatives of the Department of Fair Employment and Housing and City upon reasonable notice at any time during the normal business hours, but in no case less than twenty-four (24) hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or City shall require to ascertain compliance with this clause.

E. Consultant and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.

F. Consultant shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this Agreement.

G. Consultant, with regard to the work performed under this Agreement, shall act in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the United States shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest.

H. Consultant shall comply with regulations relative to non-discrimination in federally-assisted programs of the U.S. Department of Transportation (49 CFR Part 21 - Effectuation of Title VI of the Civil Rights Act of 1964). Specifically, Consultant shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR §21.5, including employment practices and the selection and retention of subconsultants.

I. Consultant, subrecipient or subconsultant will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex, or national origin. In administering City’s components of the DBE Program Plan, Consultant, subrecipient or subconsultant will not, directly, or through contractual or other arrangements, use criteria or methods of Updated: 3/25 Page 43
administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin.

15. Debarment and Suspension Certification (Exhibit 10-R, Article XVII).

A. Consultant’s signature affixed to the Agreement shall constitute a certification under penalty of perjury under the laws of the State of California, that Consultant or any person associated therewith in the capacity of owner, partner, director, officer, or manager:

1. Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;

2. Has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years;

3. Does not have a proposed debarment pending; and

4. Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years.

B. Any exceptions to this certification must be disclosed to City. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining responsibility. Disclosures must indicate the party to whom the exceptions apply, the initiating agency, and the dates of agency action.

C. Exceptions to the Federal Government Excluded Parties List System maintained by the U.S. General Services Administration are to be determined by the Federal Highway Administration.

16. Disadvantaged Business Enterprises (DBE) Participation (Exhibit 10-R, Article XVIII).

A. If this Agreement is subject to DBE participation requirements under 49 CFR 26, Consultant, City, or subconsultant shall take necessary and reasonable steps to ensure that DBEs have opportunities to participate in the contract (49 CFR 26). To ensure equal participation of DBEs provided in 49 CFR 26.5, City shows a contract goal for DBEs.

Consultant shall make work available to DBEs and select work parts consistent with available DBE subconsultants and suppliers.

Consultant shall meet the DBE goal shown in the Agreement or demonstrate that they made adequate good faith efforts to meet this goal. It is Consultant’s responsibility to verify that the DBE firm is certified as DBE at date of proposal opening and document the record by printing out the California Unified Certification Program (CUCP) data for each DBE firm. A list of DBEs certified by the CUCP can be found at https://dot.ca.gov/programs/civil-rights/dbe-search

All DBE participation will count toward the California Department of Transportation’s federally mandated statewide overall DBE goal. Credit for materials or supplies Updated: 3/25 Page 44
Consultant purchases from DBEs counts towards the goal in the following manner:
• 100 percent counts if the materials or supplies are obtained from a DBE manufacturer.
• 60 percent counts if the materials or supplies are purchased from a DBE regular dealer.
• Only fees, commissions, and charges for assistance in the procurement and delivery of materials or supplies count if obtained from a DBE that is neither a manufacturer nor regular dealer. 49 CFR 26.55 defines "manufacturer" and "regular dealer."
This Agreement is subject to 49 CFR Part 26 entitled “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs.” Consultants who enter into a federally-funded agreement will assist City in a good faith effort to achieve California's statewide overall DBE goal.

B. The goal for DBE participation for this Agreement is _________%. Participation by DBE Consultant or subconsultants shall be in accordance with information contained in Exhibit 10-O2: Consultant Contract DBE Commitment attached hereto and incorporated as part of the Agreement. If a DBE subconsultant is unable to perform, Consultant must make a good faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met.

C. Consultant can meet the DBE participation goal by either documenting commitments to DBEs to meet the Agreement goal, or by documenting adequate good faith efforts to meet the Agreement goal. An adequate good faith effort means that the Consultant must show that it took all necessary and reasonable steps to achieve a DBE goal that, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to meet the DBE goal. If Consultant has not met the DBE goal, complete and submit Exhibit 15-H: DBE Information – Good Faith Efforts to document efforts to meet the goal. Refer to 49 CFR Part 26 for guidance regarding evaluation of good faith efforts to meet the DBE goal.

D. Contract Assurance
Under 49 CFR 26.13(b):

Consultant, City, or subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of the Agreement. Consultant shall carry out applicable requirements of 49 CFR 26 in the award and administration of federal-aid contracts.

Failure by Consultant to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy as the City deems appropriate, which may include, but is not limited to:

1. Withholding monthly progress payments;

2. Assessing sanctions;

3. Liquidated damages; and/or
Updated: 3/25 Page 45

4. Disqualifying Consultant from future proposing as non-responsible.

E. Termination and Substitution of DBE Subconsultants
Consultant shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless Consultant or DBE subconsultant obtains the City’s written consent. Consultant shall not terminate or substitute a listed DBE for convenience and perform the work with their own forces or obtain materials from other sources without authorization from City. Unless City’s consent is provided, Consultant shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE on the Exhibit 10-02: Consultant Contract DBE Commitment form, included in the Proposal.

City may authorize a request to use other forces or sources of materials if Consultant shows any of the following justifications:

1. Listed DBE fails or refuses to execute a written contract based on plans and specifications for the project.

2. City stipulated that a bond is a condition of executing the subcontract and the listed DBE fails to meet City’s bond requirements.

3. Work requires a consultant's license and listed DBE does not have a valid license under Contractors License Law.

4. Listed DBE fails or refuses to perform the work or furnish the listed materials (failing or refusing to perform is not an allowable reason to remove a DBE if the failure or refusal is a result of bad faith or discrimination).

5. Listed DBE's work is unsatisfactory and not in compliance with the Agreement.

6. Listed DBE is ineligible to work on the project because of suspension or debarment.

7. Listed DBE becomes bankrupt or insolvent.

8. Listed DBE voluntarily withdraws with written notice from the Agreement

9. Listed DBE is ineligible to receive credit for the type of work required.

10. Listed DBE owner dies or becomes disabled resulting in the inability to perform the work on the Agreement.

11. City determines other documented good cause.

Consultant shall notify the original DBE of the intent to use other forces or material sources and provide the reasons and provide the DBE with 5 days to respond to the notice and advise Consultant and City of the reasons why the use of other forces or sources of materials should not occur.

Consultant’s request to use other forces or material sources must include:

1. One or more of the reasons listed in the preceding paragraph.

2. Notices from Consultant to the DBE regarding the request.

Updated: 3/25 Page 46

3. Notices from the DBEs to Consultant regarding the request.

If a listed DBE is terminated or substituted, Consultant must make good faith efforts to find another DBE to substitute for the original DBE. The substitute DBE must perform at least the same amount of work as the original DBE under the Agreement to the extent needed to meet or exceed the DBE goal.

F. Commitment and Utilization
City’s DBE program includes a monitoring and enforcement mechanism to ensure that DBE commitments reconcile to DBE utilization.

City requests that Consultant:

1. Notifies City’s contract administrator or designated representative of any changes to its anticipated DBE participation

2. Provides this notification before starting the affected work

3. Maintains records including:
• Name and business address of each 1st-tier subconsultant • Name and business address of each DBE subconsultant, DBE vendor, and DBE trucking company, regardless of tier
• Date of payment and total amount paid to each business (see Exhibit 9-F: Monthly Disadvantaged Business Enterprise Payment) If Consultant is a DBE Consultant, they shall include the date of work performed by their own forces and the corresponding value of the work.

If a DBE is decertified before completing its work, the DBE must notify Consultant in writing of the decertification date. If a business becomes a certified DBE before completing its work, the business must notify Consultant in writing of the certification date. Consultant shall submit the notifications to City. On work completion, Consultant shall complete a Disadvantaged Business Enterprises (DBE) Certification Status Change, Exhibit 17-O, form and submit the form to City within 30 days.

Upon work completion, Consultant shall complete Exhibit 17-F Final Report – Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subcontractors and submit it to City within 90 days of work completion. City will withhold $10,000 until the form is submitted. City will release the withhold upon submission of the completed form.

In City’s reports of DBE participation to Caltrans, City must display both commitments and attainments.

G. A DBE is only eligible to be counted toward the Agreement goal if it performs a commercially useful function (CUF) on the Agreement. CUF must be evaluated on an agreement by agreement basis. A DBE performs a CUF when it is responsible for execution of the work of the Agreement and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a CUF, the DBE must also be responsible, with respect to materials and supplies used on the Agreement, for negotiating price, determining quality and quantity, ordering the material and installing (where applicable), and paying for the material itself. To determine whether a Updated: 3/25 Page 47
DBE is performing a CUF, evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be paid under the Agreement is commensurate with the work it is actually performing, and other relevant factors.

H. A DBE does not perform a CUF if its role is limited to that of an extra participant in a transaction, Agreement, or project through which funds are passed in order to obtain the appearance of DBE participation. In determining whether a DBE is such an extra participant, examine similar transactions, particularly those in which DBEs do not participate.

I. If a DBE does not perform or exercise responsibility for at least thirty percent (30%) of the total cost of its Agreement with its own work force, or the DBE subcontracts a greater portion of the work of the Agreement than would be expected on the basis of normal industry practice for the type of work involved, it may be presumed that it is not performing a CUF.

J. Consultant shall maintain records of materials purchased or supplied from all subcontracts entered into with certified DBEs. The records shall show the name and business address of each DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all firms. DBE Consultants shall also show the date of work performed by their own forces along with the corresponding dollar value of the work.

K. If a DBE subconsultant is decertified during the Term of the Agreement, the decertified subconsultant shall notify Consultant in writing with the date of decertification.

If a subconsultant becomes a certified DBE during the Term of the Agreement, the subconsultant shall notify Consultant in writing with the date of certification. Any changes should be reported to the City’s contract administrator within thirty (30) calendar days.

L. After submitting an invoice for reimbursement that includes a payment to a DBE, but no later than the 10th of the following month, the Consultant shall complete and email the Exhibit 9- F: Disadvantaged Business Enterprise Running Tally of Payments to [email protected] with a copy to City.

M. Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this Section.

17. Funding Requirements (Exhibit 10-R, Article XX).

A. It is mutually understood between the Parties that this Agreement may have been written before ascertaining the availability of funds or appropriation of funds, for the mutual benefit of both Parties, in order to avoid program and fiscal delays that would occur if the Agreement were executed after that determination was made.

B. This Agreement is valid and enforceable only if sufficient funds are made available to City for the purpose of this Agreement. In addition, this Agreement is subject to any additional restrictions, limitations, conditions, or any statute enacted by the Congress, State Legislature, or City Council that may affect the provisions, terms, or funding of this Agreement in any manner.

Updated: 3/25 Page 48
C. It is mutually agreed that if sufficient funds are not appropriated, this Agreement may be amended to reflect any reduction in funds.

D. City has the option to terminate the Agreement pursuant to Section 4 (Article VI), Termination, or by mutual agreement to amend the Agreement to reflect any reduction of funds.

18. Contingent Fee (Exhibit 10-R, Article XXII).

Consultant warrants, by execution of this Agreement, that no person or selling agency has been employed, or retained, to solicit or secure this Agreement upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide established commercial or selling agencies maintained by Consultant for the purpose of securing business. For breach or violation of this warranty, City has the right to annul this Agreement without liability; to pay only for the value of the work actually performed; or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee.

19. Safety (Exhibit 10-R, Article XXV).

A. Consultant shall comply with Occupational Safety and Health Administration (OSHA) regulations applicable to Consultant regarding necessary safety equipment or procedures. Consultant shall comply with safety instructions issued by City Safety Officer and other City representatives. Consultant personnel shall wear hard hats and safety vests at all times while working on the construction project site.

B. Pursuant to the authority contained in Vehicle Code section 591, City has determined that such areas are within the limits of the project and are open to public traffic. Consultant shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. Consultant shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles.

C. Consultant must have a Division of Occupational Safety and Health (CAL-OSHA) permit(s), as outlined in Labor Code sections 6500 and 6705, prior to the initiation of any practices, work, method, operation, or process related to the construction or excavation of trenches which are five (5) feet or deeper.

20. Ownership of Data (Exhibit 10-R, Article XXVI).

A. It is mutually agreed that all materials prepared by Consultant under this Agreement shall become the property of City, and Consultant shall have no property right therein whatsoever. Immediately upon termination, City shall be entitled to, and Consultant shall deliver to City, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not, and other such materials as may have been prepared or accumulated to date by Consultant in performing this Agreement which is not Consultant’s privileged information, Updated: 3/25 Page 49
as defined by law, or Consultant’s personnel information, along with all other property belonging exclusively to City which is in Consultant’s possession. Publication of the information derived from work performed or data obtained in connection with services rendered under this Agreement must be approved in writing by City.

B. Additionally, it is agreed that the Parties intend this to be an Agreement for services and each considers the products and results of the services to be rendered by Consultant hereunder to be work made for hire. Consultant acknowledges and agrees that the work (and all rights therein, including, without limitation, copyright) belongs to and shall be the sole and exclusive property of City without restriction or limitation upon its use or dissemination by City.

C. Nothing herein shall constitute or be construed to be any representation by Consultant that the work product is suitable in any way for any other project except the one detailed in this Agreement. Any reuse by City for another project or project location shall be at City’s sole risk.

D. Applicable patent rights provisions regarding rights to inventions shall be included in the contracts as appropriate (48 CFR 27 Subpart 27.3 - Patent Rights under Government Contracts for federal-aid contracts).

E. City may permit copyrighting reports or other agreement products. If copyrights are permitted, the FHWA shall have the royalty-free nonexclusive and irrevocable right to reproduce, publish, or otherwise use, and to authorize others to use, the work for government purposes.

21. Claims Filed by City’s Construction Contractor (Exhibit 10-R, Article XXVII).

A. If claims are filed by City’s construction contractor relating to work performed by Consultant’s personnel, and additional information or assistance from Consultant’s personnel is required in order to evaluate or defend against such claims, Consultant agrees to make its personnel available for consultation with City’s construction contract administrator and legal staff and for testimony, if necessary, at depositions and at trial or arbitration proceedings.

B. Consultant’s personnel that City considers essential to assist in defending against construction contractor claims will be made available on reasonable notice from City. Consultation or testimony will be reimbursed at the same rates, including travel costs that are being paid for Consultant’s personnel services under this Agreement.

C. Services of Consultant’s personnel in connection with City’s construction contractor claims will be performed pursuant to a written amendment to this Agreement, if necessary, extending the termination date of this Agreement in order to resolve the construction claims.

22. Confidentiality of Data (Exhibit 10-R, Article XXVIII).

A. All financial, statistical, personal, technical, or other data and information relative to City’s operations, which are designated confidential by City and made available to Consultant in order to carry out this Agreement, shall be protected by Consultant from unauthorized use and disclosure.

Updated: 3/25 Page 50

B. Permission to disclose information on one occasion, or public hearing held by City relating to the Agreement, shall not authorize Consultant to further disclose such information, or disseminate the same on any other occasion.

C. Consultant shall not comment publicly to the press or any other media regarding the Agreement or City’s actions on the same, except to City’s staff, Consultant’s own personnel involved in the performance of this Agreement, at public hearings, or in response to questions from a Legislative committee.

D. Consultant shall not issue any news release or public relations item of any nature whatsoever, regarding work performed or to be performed under this Agreement without prior review of the contents thereof by City, and receipt of City’s written permission.

E. All information related to the construction estimate is confidential, and shall not be disclosed by Consultant to any entity, other than City, Caltrans, and/or FHWA. All of the materials prepared or assembled by Consultant pursuant to performance of this Agreement are confidential and Consultant agrees that they shall not be made available to any individual or organization without the prior written approval of City or except by court order. If Consultant or any of its officers, employees, or subcontractors does voluntarily provide information in violation of this Agreement, City has the right to reimbursement and indemnity from Consultant for any damages caused by Consultant releasing the information, including, but not limited to, City’s attorney’s fees and disbursements, including without limitation experts’ fees and disbursements.

23. National Labor Relations Board Certification (Exhibit 10-R, Article XXIX).

In accordance with Public Contract Code § 10296, Consultant hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against Consultant within the immediately preceding two-year period because of Consultant’s failure to comply with an order of a federal court that orders Consultant to comply with an order of the National Labor Relations Board.

24. Evaluation of Consultant (Exhibit 10-R, Article XXX).

Consultant’s performance will be evaluated by City. A copy of the evaluation will be sent to Consultant for comments. The evaluation together with the comments shall be retained as part of the Agreement record.

Attachment 2:

EPA WQIF Grant Application
PCBs Special Studies and Implementation Project Workplan 1 Final Draft 9/6/2024
PCBs TMDL Special Studies and Implementation Project
Funding Opportunity: San Francisco Bay Program Fiscal Year 2024 Funds (EPA-REGIX-SFBAY-24) Grant Applicant: City of San Pablo on behalf of the Bay Area Municipal Stormwater Collaborative (BAMSC) partner organizations and associated public agencies subject to the National Pollutant Discharge Elimination System (NDPES) Phase I permit for municipal stormwater discharges and the NPDES general permit for stormwater discharges from small municipal separate storm sewer systems (Phase II permit) within the San Francisco Bay Regional Water Quality Control Board region (Region 2).

Project Partners: Alameda Countywide Clean Water Program (ACCWP), Contra Costa Clean Water Program (CCCWP), San Mateo Countywide Water Pollution Prevention Program (SMCWPPP), Santa Clara Valley Urban Runoff Pollution Prevention Program (SCVURPPP), Solano Stormwater Alliance (SSA), Marin Countywide Stormwater Pollution Prevention Program, Napa Countywide Stormwater Pollution Prevention Program, County of Sonoma, City of Petaluma, City of Benicia, and Port of Oakland
Project Budget: $ 10,666,667 (75% grant-funded; 25% match via Project Partners in-kind services) Anticipated Project Term: ~January 2025 – January 2030 (five years) Project Summary

BACKGROUND AND PROJECT PURPOSE
The purpose of the PCBs TMDL Special Studies and Implementation Project (Project) is to support protection and restoration of the San Francisco Bay (Bay). The Project will continue and expand implementation of the San Francisco Bay polychlorinated biphenyls (PCBs) total maximum daily load (TMDL).

PCBs and other sediment-bound pollutants are found in San Francisco Bay water, sediments, and biota.

Concentrations of PCBs in certain fish exceed target levels and may pose a health risk to people who consume fish caught in the Bay. As a result, the California Office of Environmental Health Hazard Assessment issued an advisory on the consumption of fish from the Bay. Of particular concern were subsistence fishing communities, often in underserved and minority neighborhoods, which were taken into account when the Bay was designated as impaired on the Clean Water Act 303(d) list due to PCBs.

In response, the San Francisco Bay Regional Water Quality Control Board (Water Board) finalized a comprehensive TMDL program in 2011 to identify and control sources of PCBs in the Bay and restore water quality. The water quality of the Bay is inextricably linked to historical and current human activities in the urban watersheds that drain into the Bay. Urban stormwater runoff is of particular concern as it conveys many types of pollutants from the urban landscape to the Bay. Controlling discharges of PCBs in urban stormwater runoff is key to achieving the goals of the PCBs TMDL.

The anticipated funded activities of the PCBs TMDL Studies and Implementation Project will effectively respond to these challenges. Ultimately, SF Bay Program funding will help reduce harm to the Bay’s aquatic ecosystems, improve the recovery time of the Bay, and in doing so make the Bay fishable for subsistence populations and underserved communities. EPA expects work under the SF Bay Program to benefit underserved communities and meaningfully involve affected communities experiencing adverse and disproportionate environmental harm and health risks and will ask grantees to track such progress.

This work is identified as a priority on the SF Bay Program Annual Priority List. The Priority List advances EPA’s Strategic Plan (2022-26) Goal 1: Tackle the Climate Crisis, Goal 2: Take Decisive Action to Advance Environmental Justice and Civil Rights, and Goal 5: Ensure Clean and Safe Water for All Communities.

PCBs Special Studies and Implementation Project Workplan 2 Final Draft 9/6/2024
Given the compounding threats of climate change including sea level rise, increased storm events, and groundwater rise, it is critical to identify and implement control measures for PCBs near the Bay.

APPLICANT AND PARTNER ORGANIZATIONS
The City of San Pablo is the Grant Applicant submitting the grant application on behalf of the public agencies that participate in the Bay Area Municipal Stormwater Collaborative (BAMSC). The BAMSC agencies work together on requirements under the Phase I and Phase II municipal stormwater permits and other regulatory programs including TMDL implementation. BAMSC represents 103 agencies, including 88 cities and towns, eight counties, and seven special districts. Each agency with a stormwater permit is required to reduce PCBs loads under the TMDL.

The BAMSC members (Project Partners) will assist with the implementation of the Project and are fully committed to active participation and providing the agreed upon matching funds (via in-kind services) to the Project.

The organizational structure for the Project is illustrated in Figure 1. The City of San Pablo will solicit and select a consultant team (consistent with federal procurement requirements) to serve as the Project Manager and to implement the project. The Project Manager will be responsible for successfully accomplishing the tasks defined under this workplan, in coordination with the City of San Pablo and the Project Partners.

Figure 1: Organizational Structure for the PCBs Special Studies and Implementation Project

PROJECT GOALS
The goals of the PCBs TMDL Special Studies and Implementation Project include:

1. Inform the PCBs TMDL reissuance process prior to 2030

2. Support achievement of PCBs TMDL wasteload allocations for the stormwater category

3. Optimize and focus PCBs control measures to improve the trajectory of Bay recovery

4. Support the Phase I Municipal Regional NPDES Permit monitoring, modeling, and TMDL implementation tasks

5. Support implementation of the Phase II NPDES Permit requirements for the PCBs TMDL

PCBs Special Studies and Implementation Project Workplan 3 Final Draft 9/6/2024

SCOPE OF WORK
The following sections describe the four main tasks the Project will complete to accomplish the five project goals. These tasks will be accomplished across the region with a regional, countywide, or local focus based on the specific study and implementation needs of the Project Partners. Table 1 summarizes the Project schedule and deliverables, and Table 2 provides a summary of the Project’s outputs and outcomes.

Task 1. Regional PCBs Monitoring Programs
Phase I countywide stormwater programs and the SF Bay Regional Monitoring Program (RMP) have conducted PCBs monitoring in stormwater, urban sediments, and in tributaries to the Bay for over two decades. This task will support ongoing monitoring to address the following five priority PCBs management information needs:
• Source Identification - identifying or confirming which sources or watershed source areas provide the greatest opportunities for reductions of PCBs in urban stormwater runoff; • Contributions to Bay Impairment - identifying which watershed source areas contribute most to the impairment of San Francisco Bay beneficial uses (due to source intensity and sensitivity of discharge location);
• Management Action Effectiveness - evaluating the effectiveness or impacts of existing management actions, including compliance with TMDLs and other Pollutants of Concern (POC) requirements and providing support for planning future management actions; • Loads and Status - providing information on POC loads, concentrations, and presence in local tributaries or urban stormwater discharges;
• Trends - evaluating trends in POC loading to the Bay and POC concentrations in urban stormwater discharges or local tributaries overtime.

This task will include establishing four fixed monitoring stations (one each in Alameda, Contra Costa, San Mateo, and Santa Clara counties). The monitoring stations will support regional monitoring and PCBs modeling in collaboration with the RMP. Specifically, these stations will collect data to support parameterization and calibration of watershed loading models. In addition, these stations will provide information on trends in POC loads and concentrations over time. They will also inform the assessment of the effectiveness of management actions implemented within the monitored watershed. BAMSC will lead the physical installation of each station (e.g., pad, enclosure, security, power supply, communications, and installation of gages) and permitting, while the RMP will be responsible for providing the instrumentation, sensors, and gages. BAMSC will also be responsible for site and BAMSC sampling equipment maintenance. One station will be installed in the first year of the grant, and the remaining stations will be installed in subsequent years.

This task will also develop and test alternative source property investigation tools, such as the use of canine detection dogs or other rapid screening methods to identify sources of PCBs.

Monitoring efforts associated with the alternative investigation tools will be supported by a rigorous Quality Assurance Project Plan (QAPP) and data management protocols, with the data made publicly available (as appropriate) on the California Environmental Data Exchange Network (CEDEN). A QAPP will be submitted to EPA prior to the start of field monitoring efforts for each type of monitoring.

Phase I agency monitoring data and analyses will be summarized in the Urban Creeks Monitoring Reports prepared by the countywide programs in March of each year during the Project. Phase II PCBs Special Studies and Implementation Project Workplan 4 Final Draft 9/6/2024
agencies will summarize monitoring data and analyses in the TMDL Annual Report in October of each year during the Project. These reports will be submitted to EPA and made publicly available on the agencies’ websites or via the State Water Board’s Stormwater Multiple Application and Report Tracking System (SMARTS).

Task 2. Phase II PCBs Program Development and Monitoring The Phase II Permittees1 will be required to implement 10 PCBs control programs including monitoring and assessment programs to quantify PCBs stormwater runoff loads and load reductions achieved through treatment, source control, and other actions. This task will support monitoring, mapping, and implementation planning efforts for the Phase II local public agencies conducted in compliance with the Phase II permit.

Outputs from this task include monitoring and mapping data, implementation plans, and actions. Data will be provided to the EPA, Water Board, and the RMP for TMDL planning, modeling, and implementation purposes, as applicable.

All monitoring efforts will be supported by a QAPP and data management protocols, with the data made publicly available (as appropriate) on CEDEN. A QAPP will be submitted to EPA prior to the start of field monitoring efforts for each type of monitoring.

Phase II agency monitoring, mapping, and implementation planning efforts will be summarized in the agencies’ Annual Reports each year during the Project. Phase II Annual Reports are submitted to State Water Resources Control Board by October 15 each year. The PCBs TMDL Annual Report summaries will be submitted to EPA and made publicly available via SMARTS.

Task 3. Phase I PCBs Monitoring, Mapping, and Control Measure Planning The Phase I stormwater programs and agencies have developed Geographic Information System (GIS) maps and databases to assist in identifying which watershed characteristics correlate well with land areas that contribute high, moderate, and low levels of PCBs to the Bay via stormwater runoff. The mapping methodology was developed using the collective local understanding of the types of land areas, facilities, and activities that generate PCBs to assist local public agencies in identifying areas where PCBs load reduction measures will have the greatest load reduction benefits. The Phase I stormwater programs have also developed Old Industrial Area Control Measure Plans designed to control PCBs in stormwater from areas containing known or suspected sources or areas with evidence of moderate to high mercury or PCBs sediment concentrations. This task will include additional monitoring, mapping, and planning in support of control measure implementation.

Monitoring tasks will include large-scale sediment sampling in old industrial areas that are likely to be PCBs source areas and water sampling to verify the locations of low-priority stormwater catchments and PCBs reductions in catchments where control measures have been implemented to date. All monitoring efforts will be supported by a QAPP and data management protocols, with the data made publicly available (as appropriate) on CEDEN. A QAPP will be submitted to EPA prior to the start of field monitoring efforts for each type of monitoring.

Additional mapping tasks include correcting and improving the existing maps and databases to help quantify loads reduced through control measure implementation.

1 Responsible Permittees include but may not be limited to: County of Napa, City of American Canyon, City of Calistoga, City of Napa, City of Yountville, City of St. Helena, County of Marin, City of Belvedere, Town of Corte Madera, Town of Fairfax, City of Larkspur, City of Mill Valley, City of Novato, Town of Ross, City of San Anselmo, City of San Rafael, City of Sausalito, Town of Tiburon, County of Solano, City of Benicia, County of Sonoma, City of Sonoma, Sonoma Water, City of Petaluma, and the Port of Oakland.

PCBs Special Studies and Implementation Project Workplan 5 Final Draft 9/6/2024
This task will support actions needed to implement the Phase I Old Industrial Area Control Measure Plans. Implementation actions may include programs to identify and take actions to control PCBs sources on private properties, planning for and conducting enhanced operations and maintenance activities to remove contaminated sediments from municipal separate storm sewer system (MS4) infrastructure, and design of stormwater treatment control measures in the public right-of-way.

Outputs from this task include monitoring data and analyses, improved GIS data, and implementation plans and actions. Phase I agency monitoring data and analyses will be summarized in the Urban Creeks Monitoring Reports prepared by the countywide programs in March of each year during the Project.

These reports will be submitted to EPA and made publicly available on the agencies’ websites. Data will be provided to the EPA, Water Board, and the RMP for TMDL planning, modeling, and implementation purposes, as applicable. Phase I planning and implementation efforts will be summarized in the countywide programs’ Annual Reports each year during the Project. These summaries will be submitted to EPA in October each year and made publicly available on the agencies’ websites.

Task 4. Project Administration and Management
The City of San Pablo will serve as the applicant and administrator of the Project. Environmental Program Manager, Amanda Booth, will serve as the principal-in-charge of the project on behalf of the City of San Pablo. The City of San Pablo will lead the preparation of invoices, and review and submit quarterly performance and financial reports to EPA. Additionally, the City of San Pablo will lead the development of a Request for Proposals (RFP) to select and procure a Project Manager to lead the Project and complete all tasks. The City of San Pablo will enter into a contract agreement with and manage the Project Manager during the term of the project.

The City of San Pablo will also form a Project Management Team (PMT) at the onset of the project to provide oversight of Project task completion. The PMT will consist of Project Partner representatives, Water Board staff, and EPA staff. The PMT will assist the City of San Pablo in selecting and managing the Project Manager, who will lead project implementation, develop quarterly performance and financial reports, coordinate with the PMT, and prepare final grant documentation. In-kind match contributions for this subtask will consist of other Project Partner participation on the PMT, and coordination with the Project Manager on task implementation.

PCBs Special Studies and Implementation Project Workplan 6 Final Draft
9/6/2024
TABLE 1. PCBS SPECIAL STUDIES AND IMPLEMENTATION PROJECT SCHEDULE AND DELIVERABLES Task
# Grant Program Function or Activity
2025 2026 2027 2028 2029
Q1
Q2
Q3
Q4
Q1
Q2
Q3
Q4
Q1
Q2
Q3
Q4
Q1
Q2
Q3
Q4
Q1
Q2
Q3
Q4
1 Regional PCBs Monitoring Programs P P F F R F F F R F F F R F F F R 2 Phase II PCBs Program Development and Monitoring P D
F
D
F
D
F
D
F
D
F
D
R
D
F
D
F
D
F
D
R
D
F
D
F
D
F
D
R
D
F
D
F
D
F R
3 Phase I PCBs Monitoring, Mapping, and Control Measure Planning
P
F
P
F
P
F
P

F F F R

F F F F R

F F F F R
4 Project Administration/ Management M M
R
M
R
M
R
M
R
M
R
M
R
M
R
M
R
M
R
M
R
M
R
M
R
M
R
M
R
M
R
M
R
M
R
M
R
M
R
Task Implementation
P = planning, F = field work, R = report, D = desktop analysis/design, M = meeting

TABLE 2. PCBS SPECIAL STUDIES AND IMPLEMENTATION PROJECT OUTPUTS AND OUTCOMES Task Outputs Near-term Outcomes (within 5 years) Longer-term Outcomes (5-20+ years)

1. Regional PCBs Monitoring Programs
Install Four Small Tributary
Loading Stations
• Establishment of four monitoring stations in collaboration with the RMP that will collect samples to evaluate the loads of PCBs entering the Bay from urban stormwater.
• The loading stations will support overall
estimation of stormwater loads to the Bay and
modeling of stormwater loads to the Bay.
• Improved understanding of PCBs status and trends in
stormwater discharges to the Bay.
• Achievement of PCBs TMDL wasteload allocations for the stormwater category.

Develop and Test Alternative
Source Property Investigation
Tools
• QAPP for Alternative Methods Testing
• Technical report(s) that comprehensively assess the alternative monitoring methods.
• Development and implementation of a pilot
study design to test the use of canine
detection dogs or other rapid screening
methods to identify sources of PCBs.
• Identification and control of remaining sources of PCBs into the MS4.
• Achievement of PCBs TMDL wasteload allocations for the stormwater category.

2. Phase II PCBs Program Development and Monitoring
Phase II PCBs Program
Development
• Monitoring and mapping data, implementation plans, and actions. • Identification of sources of PCBs into the MS4 in Phase II areas to assist with planning and
implementation of PCBs control measures.

• Control of sources of PCBs into the MS4 in Phase II areas. • Achievement of PCBs TMDL wasteload allocations for the stormwater category.

3. Phase I PCBs Monitoring, Mapping, and Control Measure Planning Conduct Large-Scale Public
ROW/Private Property
Sediment Sampling
• QAPP for Sediment Sampling.
• Technical report(s) that comprehensively assess the sampling and site investigations conducted.
• Identification and control of sources of PCBs
to the MS4 and the Bay from private
properties.
• Observable reductions of PCBs in urban sediments and
stormwater and/or receiving water monitoring due to control of sources on private properties.
• Achievement of PCBs TMDL wasteload allocations for the stormwater category.

PCBs Special Studies and Implementation Project Workplan 7 F
inal Draft
9/6/2024
Task Outputs Near-term Outcomes (within 5 years) Longer-term Outcomes (5-20+ years) Conduct Low Priority
Verification Water Sampling
• QAPP for Low Priority Verification Water Sampling
• Technical report(s) that comprehensively assess the water verification sampling conducted.
• Watershed or catchment-scale stormwater
monitoring at sites where previous data have
found low PCBs, and/or where PCBs sources
are not suspected, to further verify the
watershed or catchment is not producing
moderate or high levels of PCBs.
• Improved understanding of which watershed source areas contribute most to the impairment of San Francisco Bay
beneficial uses.
• Achievement of PCBs TMDL wasteload allocations for the stormwater category.

Conduct Load Reduction
Verification Monitoring
• QAPP for Load Reduction Verification Water Sampling
• Technical report(s) that comprehensively assess the water verification sampling conducted.
• Development and implementation of a study
design to evaluate the impacts of controls on
load reductions at the watershed o
r catchment
scale.
• Improved understanding of the effectiveness or impacts of existing management actions, including compliance with
TMDLs and other POC requirements and providing support
for planning additional management actions.
• Achievement of PCBs TMDL wasteload allocations for the stormwater category.

Correct and Improve Existing
Phase I GIS Maps and
Databases
• Improved GIS maps and databases in the Phase I agency areas. • Improved maps and databases to assist with planning and implementation of PCBs control
measures.
• Control of sources of PCBs into the MS4 in Phase I areas. • Achievement of PCBs TMDL wasteload allocations for the stormwater category.

Develop and Implement
Programs to Control PCBs
Discharges from Private
Properties
• Development and implementation of programs to assist agencies in providing oversight of actions that may be required on private properties to address PCBs released from the property to the MS4.
• Identification and control of sources of PCBs
to the MS4 and the Bay from private
properties.
• Observable reductions of PCBs in urban sediments and
stormwater and/or receiving water monitoring due to control of sources on private properties.
• Achievement of PCBs TMDL wasteload allocations for the stormwater category.

Develop and Implement
Programs to Control PCBs
Discharges Through MS4
Operations and Maintenance
Practices
• Support for the enhanced cleanout of storm drain lines or other MS4 infrastructure that contain PCBs-contaminated sediment that are located in catchments where PCBs are elevated.
• Implementation of PCBs control measures on
2,880 acres of Phase I old industrial areas,
resulting in an estimated load reduction of
about 467 grams of PCBs per year.
• Decreased discharges of PCBs in stormwater to the Bay. • Achievement of PCBs TMDL wasteload allocations for the stormwater category.

Plan and Design Stormwater
Treatment Systems
• Develop conceptual designs for stormwater treatment systems and projects that may be identified as potential projects to address old industrial or moderate PCBs areas.
• Implementation of PCBs control measures on
2,880 acres of Phase I old industrial areas,
resulting in an estimated load reduction of
about 467 grams of PCBs per year.
• Decreased discharges of PCBs in stormwater to the Bay. • Achievement of PCBs TMDL wasteload allocations for the stormwater category.

4. Project Administration/Management
Project Management • Strengthened regional leadership through meetings with Project Partners, Water Board, and/or EPA representatives
NA NA
Invoicing & Progress Reporting • Quarterly project progress reports (4/grant year) and subsequent invoices
• Final grant report
• Improved understanding of how to achieve the
PCBs TMDL wasteload allocations for the
stormwater category.
• Achievement of PCBs TMDL wasteload allocations for the stormwater category.

PCBs Special Studies and Implementation Project Workplan 8 Final Draft 9/6/2024
Task Budget and Match
A summary of the budget for the Project is included in Table 3. Grant funded totals include estimated labor and expenses. Match-funded totals are based on the in-kind contributions committed by the Project Partners.

Task # Grant Program Function or Activity Grant-Funded
Costs
Match-
Funded
Costs
Total
Project
Costs
1 Regional PCBs Monitoring Programs $700,000
2 Phase II PCBs Program Development and Monitoring $1,101,878 3 Phase I PCBs Monitoring, Mapping, and Control Measure Planning $5,398,122 4 Project Administration/ Management $800,000
Total $8,000,000 $2,666,667 $10,666,667
Note: The project match will be tracked at the project level (not by task).

The $2,666,667 in matching funds will be provided by the Project Partners and will be incrementally reported on in the semi-annual Progress Reports.

Coordinates of Main Facility
City of San Pablo City Hall: 37.9559574,-122.338828
Representative Photo and Caption
The PCBs Special Studies and Implementation Project aims to support protection and restoration of the San Francisco Bay through continuing and expanding implementation of the San Francisco Bay polychlorinated biphenyls (PCBs) total maximum daily load (TMDL).

Attachment 3:

EPA Award Agreement
W9 - 97T23001 - 0 Page 1

TYPE OF ACTION
U.S. ENVIRONMENTAL

PROTECTION AGENCY MAILING DATE
ACH#PAYMENT METHOD:

PROGRAM CODE:

DATE OF AWARDMODIFICATION NUMBER:

GRANT NUMBER (FAIN): 97T23001
90655ASAP
0 12/11/2024
New 12/16/2024
Grant Agreement
W9
RECIPIENT TYPE: Send Payment Request to:

RECIPIENT:

EIN:

PAYEE:

Municipal
SAN PABLO, CA 94806-3703
CITY MGRS. OFFICE SAN PABLO
94-6000423
1000 Gateway Avenue
Contact EPA RTPFC at: [email protected]
1000 Gateway Avenue
CITY MGRS. OFFICE SAN PABLO
SAN PABLO, CA 94806-3703

PROJECT MANAGER EPA PROJECT OFFICER EPA GRANT SPECIALIST Amanda Booth
1000 Gateway Avenue
SAN PABLO, CA 94806
[email protected]:
510-215-3066Phone:

Michael Beakes
75 Hawthorne Street, WTR-1
San Francisco, CA 94105
[email protected]:
415-972-3565Phone:

Danielle Tucker
Grants Branch, MSD-6
75 Hawthorne Street
San Francisco, CA 94105
[email protected]:
415-972-3871Phone:

PROJECT TITLE AND DESCRIPTION
San Francisco Bay Water Quality Improvement Fund
See Attachment 1 for project description.

BUDGET PERIOD PROJECT PERIOD TOTAL BUDGET PERIOD COST TOTAL PROJECT PERIOD COST 01/01/2025 - 12/30/2029 01/01/2025 - 12/30/2029 $ 10,666,667.00 $ 10,666,667.00

NOTICE OF AWARD
Based on your Application dated 09/09/2024 including all modifications and amendments, the United States acting by and through the US Environmental Protection Agency (EPA) hereby awards $ 8,000,000.00. EPA agrees to cost-share 75.00% of all approved budget period costs incurred, up to and not exceeding total federal funding of $ 8,000,000.00. Recipient's signature is not required on this agreement. The recipient demonstrates its commitment to carry out this award by either: 1) drawing down funds within 21 days after the EPA award or amendment mailing date; or 2) not filing a notice of disagreement with the award terms and conditions within 21 days after the EPA award or amendment mailing date. If the recipient disagrees with the terms and conditions specified in this award, the authorized representative of the recipient must furnish a notice of disagreement to the EPA Award Official within 21 days after the EPA award or amendment mailing date. In case of disagreement, and until the disagreement is resolved, the recipient should not draw down on the funds provided by this award/amendment, and any costs incurred by the recipient are at its own risk. This agreement is subject to applicable EPA regulatory and statutory provisions, all terms and conditions of this agreement and any attachments.

ISSUING OFFICE (GRANTS MANAGEMENT OFFICE) AWARD APPROVAL OFFICE

ORGANIZATION / ADDRESSORGANIZATION / ADDRESS
U.S. EPA, Region 9, U.S. EPA, Region 9 Grants Branch, MSD-6 75 Hawthorne Street
San Francisco, CA 94105
U.S. EPA, Region 9, Water Division, WTR-1
R9 - Region 9
75 Hawthorne Street
San Francisco, CA 94105
THE UNITED STATES OF AMERICA BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY DATEDigital signature applied by EPA Award Official Carolyn Truong - Grants Management Officer 12/11/2024
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EPA Funding Information

FUNDS FORMER AWARD THIS ACTION AMENDED TOTAL
EPA Amount This Action $ 0 $ 8,000,000 $ 8,000,000
EPA In-Kind Amount $ 0 $ 0 $ 0
Unexpended Prior Year Balance $ 0 $ 0 $ 0
Other Federal Funds $ 0 $ 0 $ 0
Recipient Contribution $ 0 $ 0 $ 0
State Contribution $ 0 $ 0 $ 0
Local Contribution $ 0 $ 0 $ 0
Other Contribution $ 0 $ 2,666,667 $ 2,666,667
Allowable Project Cost $ 0 $ 10,666,667 $ 10,666,667
Assistance Program (CFDA) Statutory Authority Regulatory Authority

66.126 - Geographic Programs - San Francisco Bay
Water Quality Improvement Fund
Clean Water Act: Sec. 125 2 CFR 200, 2 CFR 1500 and 40 CFR 33 Fiscal
Site Name Req No FY Approp.

Code
Budget
Organization PRC Object
Class Site/Project Cost
Organization
Obligation /
Deobligation
$ 8,000,000-- 4158000BK409L2B 24252509W32002-
$ 8,000,000
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Budget Summary Page
Table A - Object Class Category
(Non-Construction)
Total Approved Allowable
Budget Period Cost

1. Personnel $ 120,993

2. Fringe Benefits $ 36,298

3. Travel $ 0

4. Equipment $ 0

5. Supplies $ 0

6. Contractual $ 10,493,647

7. Construction $ 0

8. Other $ 0

9. Total Direct Charges $ 10,650,938

10. Indirect Costs: 0.00 % Base See terms and conditions $ 15,729

11. Total (Share: Recipient ______ % Federal ______ %) $ 10,666,66725.00 75.00

12. Total Approved Assistance Amount $ 8,000,000

13. Program Income $ 0

14. Total EPA Amount Awarded This Action $ 8,000,000

15. Total EPA Amount Awarded To Date $ 8,000,000
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Attachment 1 - Project Description
The purpose of the PCBs TMDL Special Studies and Implementation Project is to support protection and restoration of the San Francisco Bay. This project will continue and expand implementation of the San Francisco Bay polychlorinated biphenyls (PCBs) total maximum daily load (TMDL). PCBs and other sediment-bound pollutants are found in San Francisco Bay water, sediments, and biota. Concentrations of PCBs in certain fish exceed target levels and may pose a health risk to people who consume fish caught in the Bay. As a result, the California Office of Environmental Health Hazard Assessment issued an advisory on the consumption of fish from the Bay. Of particular concern were subsistence fishing communities, often in underserved and minority neighborhoods, which were taken into account when the Bay was designated as impaired on the Clean Water Act 303(d) list due to PCBs. In response, the San Francisco Bay Regional Water Quality Control Board (Water Board) finalized a comprehensive TMDL program in 2011 to identify and control sources of PCBs in the Bay and restore water quality. The anticipated funded activities of the PCBs TMDL Studies and Implementation Project will help reduce harm to the Bay’s aquatic ecosystems, improve the recovery time of the Bay, and in doing so make the Bay fishable for subsistence populations and underserved communities.

This assistance agreement provides full federal funding in the amount of $8,000,000.00.The PCBs TMDL Special Studies and Implementation Project activities will focus in three primary areas including: 1) support ongoing PCBs monitoring in stormwater, urban sediments, and in tributaries to the San Francisco Bay, 2) implement 10 PCBs control programs including monitoring and assessment programs to quantify PCBs stormwater runoff loads and load reductions achieved through treatment, source control, and other actions, and 3) continued development of Geographic Information System (GIS) maps and databases to assist in identifying which watershed characteristics correlate well with land areas that contribute high, moderate, and low levels of PCBs to the Bay via stormwater runoff.Anticipated deliverables include: Establishment of four monitoring stations in collaboration with the RMP that will collect samples to evaluate the loads of PCBs entering the Bay from urban stormwater, technical reports that comprehensively assess the alternative monitoring methods, sampling and site investigations conducted, monitoring and mapping data, implementation plans, and potential management actions to support PCBs control programs. In addition, this project is expected to aid development of programs to assist agencies in addressing PCBs released from the property to the MS4, and stormwater treatment systems to address old industrial or moderate PCBs areas. The intended beneficiaries of this project are San Francisco Bay community members including subsistence fishing communities and underserved communities.No subawards are included in this assistance agreement.

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Administrative Conditions
General Terms and Conditions
The recipient agrees to comply with the current Environmental Protection Agency (EPA) general terms and conditions available at: https://www.epa.gov/grants/epa-general-terms-and-conditions-effective- october-1-2024-or-later
These terms and conditions are in addition to the assurances and certifications made as a part of the award and the terms, conditions, or restrictions cited throughout the award.

The EPA repository for the general terms and conditions by year can be found at: https://www.epa. gov/grants/grant-terms-and-conditions#general.

A. Federal Financial Reporting (FFR)
For awards with cumulative project and budget periods greater than 12 months, the recipient will submit an annual FFR (SF 425) covering the period from "project/budget period start date" to September 30 of each calendar year to the EPA Finance Center in Research Triangle Park, NC. The annual FFR will be submitted electronically to [email protected] no later than December 30 of the same calendar year. Find additional information at https://www.epa.gov/financial/grants. (Per 2 CFR § 200.344(b), the recipient must submit the Final FFR to [email protected] within 120 days after the end of the project period.)
B. Procurement
The recipient will ensure all procurement transactions will be conducted in a manner providing full and open competition consistent with 2 CFR § 200.319. In accordance with 2 CFR § 200.324, the recipient and subawardee(s) must perform a cost or price analysis in connection with applicable procurement actions, including contract modifications. State and Tribal government entities must follow procurement standards as outlined in 2 CFR § 200.317.

C. MBE/WBE Reporting, 40 CFR, Part 33, Subpart E (EPA Form 5700-52A) The recipient agrees to submit a “MBE/WBE Utilization Under Federal Grants and Cooperative Agreements” report (EPA Form 5700-52A) annually for the duration of the project period. The current EPA Form 5700-52A with instructions is located at https://www.epa.gov/grants/epa-grantee-forms This provision represents an approved exception from the MBE/WBE reporting requirements as described in 40 CFR Section 33.502.

Reporting is required for assistance agreements where funds are budgeted for procuring construction, equipment, services and supplies (including funds budgeted for direct procurement by the recipient or procurement under subawards or loans in the “Other” category) with a cumulative total that exceed the Simplified Acquisition Threshold (SAT) currently set at $250,000 (the dollar threshold will be automatically revised whenever the SAT is adjusted; See 2 CFR Section 200.1), including amendments and/or modifications. All procurement actions are reportable when reporting is required, not just the portion which exceeds the SAT.

W9 - 97T23001 - 0 Page 6
Recipients with expended and/or budgeted funds for procurement are required to report annually whether the planned procurements take place during the reporting period or not. If no budgeted procurements take place during the reporting period, the recipient should check the box in section 4A when completing the form.

When completing the annual report, recipients are instructed to check the box titled “annual” in section 1B of the form. For the final report, recipients are instructed to check the box indicated for the “Final Report (project completed)” in section 1B of the form.

The annual reports are due by October 30th of each calendar year and the final report is due within 120 days after the end of the project period, whichever comes first. The recipient will submit the MBE/WBE report(s) and/or questions to [email protected] and the EPA Grants Specialist identified on page 1 of the award document.

D. Non-Federal Third-Party Contributions
This award includes non-federal third party contributions. Third party contributions counting towards satisfying a cost sharing requirement must be verifiable from the recipient's records and its subgrantee (s). As applicable, these records must reflect how the value is placed on third party contributions. The value of third party contributions must be applicable to the period to which the cost sharing requirement apply (2 CFR § 200.306).

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Programmatic Conditions
a. Reporting Conditions
The recipient shall submit quarterly progress reports to the EPA Project Officer within 30 calendar days after the end of each Federal fiscal quarter (January 31, April 30, July 31, and October 31). The progress reports should include:
•   a discussion of the activities conducted during the previous quarter (including a comparison of actual accomplishments with the anticipated outputs and outcomes specified in the workplan), •   progress towards milestones,
•   problems encountered with achieving outputs and outcomes, and their resolution, •   activities planned for the next two quarters,
•   a financial accounting of costs incurred during the reporting period, •   cumulative project costs (EPA and match amounts) since the beginning of the project, by task, and •   identification of any special EPA assistance needed, and an explanation of any cost overruns.

The recipient will notify the EPA Project Officer if something materially impairs their ability to complete the tasks and deliver the products, outputs and outcomes identified in the workplan.

Within 120 days of the end of the project period the recipient must email a final report documenting project activities over the entire project period and the recipient's achievements with respect to the project's purposes and objectives. The final report must be emailed to the EPA Project Officer. b. Grant Source Recognition
The recipient should publicly acknowledge the US EPA San Francisco Bay Water Quality Improvement Fund as the funding vehicle for the projects when the grantee is asked by public entities, federal agencies or state and local agencies about the projects and on-going results. c. Quality Assurance Plan
QUALITY ASSURANCE- Quality Assurance Project Plan
In accordance with 2 CFR 1500.11, the recipient must develop and implement quality assurance and quality control procedures, specifications and documentation that are sufficient to produce data of adequate quality to meet project objectives. Recipients implementing environmental programs within the scope of the assistance agreement must submit to the EPA Project Officer an approvable Quality Assurance Project Plan (QAPP) at least 60 days prior to the initiating of data collection or data compilation. The Quality Assurance Project Plan (QAPP) is the document that provides comprehensive details about the quality assurance, quality control, and technical activities that must be implemented to ensure that project objectives are met. Environmental programs include direct measurements or data generation, environmental modeling, compilation of date from literature or electronic media, and data supporting the design, construction, and operation of environmental technology.

The QAPP should be prepared in accordance with EPA QA/R-5: EPA Requirements for Quality Assurance Project Plans. No environmental data collection or data compilation may occur until the QAPP is approved by the EPA Project Officer and Quality Assurance Regional Manager. When the recipient is delegating the responsibility for an environmental data collection or data compilation activity to another organization, the EPA Regional Quality Assurance Manager may allow the recipient to review and approve that organization's QAPP. Additional information on these requirements can be found at the EPA Office of Grants and Debarment Web Site: https://www.epa.gov/grants/implementation-quality- W9 - 97T23001 - 0 Page 8
assurance-requirements-organizations-receiving-epafinancial d. Competency of Organizations Generating Environmental Measurement Data Following EPA Policy Directive Number FEM-2012-02, recipient agrees to demonstrate competency of any laboratory carrying out any activities involving the generation of environmental data on its behalf.

Laboratory competency shall be maintained for the duration of the project period of this agreement and documented during the annual reporting process. A copy of the Policy is available online at https://www. epa.gov/measurements
e. Cybersecurity Grant Condition for Other Recipients, Including Intertribal Consortia (a) The recipient agrees that when collecting and managing environmental data under this assistance agreement, it will protect the data by following all applicable State or Tribal law cybersecurity requirements.
(b)(1) EPA must ensure that any connections between the recipient's network or information system and EPA networks used by the recipient to transfer data under this agreement, are secure. For purposes of this Section, a connection is defined as a dedicated persistent interface between an Agency IT system and an external IT system for the purpose of transferring information. Transitory, user-controlled connections such as website browsing are excluded from this definition.

If the recipient's connections as defined above do not go through the Environmental Information Exchange Network or EPA's Central Data Exchange, the recipient agrees to contact the EPA Project Officer (PO) no later than 90 days after the date of this award and work with the designated Regional/Headquarters Information Security Officer to ensure that the connections meet EPA security requirements, including entering into Interconnection Service Agreements as appropriate. This condition does not apply to manual entry of data by the recipient into systems operated and used by EPA's regulatory programs for the submission of reporting and/or compliance data. (b)(2) The recipient agrees that any subawards it makes under this agreement will require the subrecipient to comply with the requirements in (b)(1) if the subrecipient's network or information system is connected to EPA networks to transfer data to the Agency using systems other than the Environmental Information Exchange Network or EPA's Central Data Exchange. The recipient will be in compliance with this condition: by including this requirement in subaward agreements; and during subrecipient monitoring deemed necessary by the recipient under 2 CFR 200.332(d), by inquiring whether the subrecipient has contacted the EPA Project Officer. Nothing in this condition requires the recipient to contact the EPA Project Officer on behalf of a subrecipient or to be involved in the negotiation of an Interconnection Service Agreement between the subrecipient and EPA.
f. Geospatial Data Standards
All geospatial data created must be consistent with Federal Geographic Data Committee (FGDC) endorsed standards. Information on these standards may be found at https://www.fgdc.gov/.

END-OF-DOCUMENT
Attachment 4:

Quarterly Report Template

PCBS TMDL SPECIAL STUDIES &

IMPLEMENTATION PROJECT
QUARTERLY PROGRESS REPORT NO. XX (XXX /25 – XXX /29)
EPA Project Period: 01/01/2025 – 12/30/2029
Grant Recipient: City of San Pablo
Assistance ID Number: W9 – 97T23001 - 0
Submitted by: Amanda Booth
Environmental Program Manager
City of San Pablo
510-215-3066
[email protected]

PROGRESS REPORT HIGHLIGHTS
• XXXXX
• XXXXX
• XXXXX

REGIONAL MONITORING PROGRAM , TASK 1
Phase I countywide stormwater programs and the SF Bay Regional Monitoring Program (RMP) have conducted PCB monitoring in stormwater, urban sediments, and in tributaries to the Bay for over two decades. This task will support ongoing monitoring to address the following five priority PCBs management information needs including source identification, contributions to Bay impairment, management action effectiveness, loads and status , and trends.

ACTIVITIES & ACCOMPLISHMENTS:

XXXX

DIFFICULTIES AND RESOLUTIONS:

XXXXX

Task/Sub-Task Timeline Comments Percent Complete
1 Jan. 2025 – Mar. 2029 No Comments. 0%

PHASE II PCBS PROGRAM DEVELOPMENT & MONITORING, TASK 2 The Phase II Permittees are required to implement 10 PCBs control programs including monitoring and assessment programs to quantify PCBs stormwater runoff loads and load reductions achieved through treatment, source control, and other actions. This task will support monitoring, mapp ing, and implementation planning efforts for the Phase II local public agencies conducted in compliance with the Phase II permit.

ACTIVITIES & ACCOMPLISHMENTS:

XXXXX.

DIFFICULTIES AND RESOLUTIONS:

XXXXX.

Task/Sub-Task Timeline Comments Percent Complete
2 Jan. 2025 – Sep. 2029 No Comments. 0%

PHASE I PCBS MONITORING, MAPPING, & CONTROL MEASURE PLANNING, TASK 3 The Phase I stormwater programs and agencies have developed Geographic Information System (GIS) maps and databases to assist in identifying which watershed characteristics correlate well with land areas that contribute high, moderate, and low levels of PCBs to the Bay via stormwater runoff. This task includes additional monitoring, mapping, and planning in support of control measure implementation. Specifically, this task involves: conducting large-scale public ROW/private property sediment sampling, conducting low-priority verification water sampling, conducting load reduction verification monitoring, correcting and improving existing Phase I GIS maps and databases, developing and implementing programs to control PCBs from private properties & MS4, and planning and designing stormwater treatment systems.

ACTIVITIES & ACCOMPLISHMENTS:

XXXXX.

DIFFICULTIES AND RESOLUTIONS:

XXXXX.

Task/Sub-Task Timeline Comments Percent Complete
3 Jan. 2025 – Sep. 2029 No Comments. 0%

PROJECT ADMINISTRATION & MANAGEMENT, TASK 4
This task includes the administration aspects of the project including coordination of stakeholders, project management team meetings, preparation of invoices, and review and submit quarterly performance and financial reports.

ACTIVITIES & ACCOMPLISHMENTS:

XXXXX.

DIFFICULTIES AND RESOLUTIONS:

XXXXXX.

Task/Sub-Task Timeline Comments Percent Complete
4 Jan. 2025 – Dec. 2029 No Comments. 0%

OUTPUTS AND OUTCOMES COMPLETED /COMMENCED

Task Outputs Outcomes

ACTIVITIES PLANNED FOR NEXT QUARTER
• XXX
• XXX
• XXX

ATTACHMENTS
Attachment 5:

EPA QAPP Standard
Directive No: CIO 2105-S-02.1
Issued by the EPA Chief Information Officer,
Pursuant to Delegation 1-19

Page 1 of 35 ends

San Pablo City CouncilJune 2, 2025

San Pablo City Council
June 2, 2025