practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records or documents shall be made available at Contractor's address indicated for receipt of notices in this Agreement.
C. Enforcement
1. City shall withhold any portion of a payment; including the entire payment amount, until certified payroll forms and related documentation are properly submitted, reviewed and found to be in full compliance. In the event that certified payroll forms do not comply with the requirements of Labor Code Section 1720 et seq., City may continue to hold sufficient funds to cover estimated wages and penalties under the Agreement.
2. Based on State funding sources, this project may be subject to special labor compliance requirements of Proposition 84.
3. The City is not obligated to make any payment due to Contractor until Contractor has performed all of its obligations under these provisions. This provision means that City can withhold all or part of a payment to Contractor until all required documentation is submitted. Any payment by the City despite Contractor's failure to fully perform its obligations under these provisions shall not be deemed to be a waiver of any other term or condition contained in this Agreement or a waiver of the right to withhold payment for any subsequent breach of this Addendum.
City or the California Department of Industrial Relations may impose penalties upon contractors and subcontractors for failure to comply with prevailing wage requirements.
These penalties are up to $200 per day per worker for each wage violation identified; $100 per day per worker for failure to provide the required paperwork and documentation requested within a 10-day window; and $25 per day per worker for any overtime violation.
Design Professional Agreement with CSG Consultants, lnc./Exhibit D-Labor Compliance Rev. 09-28-18
EXHIBIT E
EXERCISE OF OPTION TO EXTEND AGREEMENT FORM (SAMPLE)
AGREEMENT TITLE: AGREEMENT FOR DESIGN PROFESSIONAL
SERVICES BETWEEN THE CITY OF SANTA CLARA,
CALIFORNIA, AND CSG CONSULTANTS, INC. FOR
ANNUAL STREET PAVEMENT MAINTENANCE AND
REHABILITATION PROJECTS (2025-2027 PROJECTS)
CONSUL TANT: CSG CONSULTANTS, INC
Pursuant to Section 2.2 of the Agreement referenced above, the City of Santa Clara hereby exercises its option to extend the term of the Agreement under the following provisions. In the event of any inconsistency between this Exercise of Option to Extend Agreement and the Terms and Conditions of the Agreement, the Terms and Conditions of the Agreement shall prevail.
I OPTION TO EXTEND NO.
TERM OF OPTION TO EXTEND AGREEMENT
I Begin date I
End
MAXIMUM COMPENSATION FOR TERM OF
OPTION TO EXTEND AGREEMENT:
The documents forming the entire Exercise of Option to Extend Agreement between City and Consultant shall include the following Exhibits, which are hereby incorporated into the Agreement by this reference:
Exhibit E1 - Option Period Scope of Services
Exhibit E2 - Option Period Schedule of Fees
Exhibit E3 - Option Period Street List
[Signatures Follow on Next Page]
Design Professional Agreement with CSG Consultants, Inc/ Exhibit E - Notice of Exercise of Option to Extend Agreement Form
The Parties acknowledge and accept the terms and conditions of this Option to Extend Agreement as evidenced by the following signatures of their duly authorized representatives.
CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
Approved as to Form: Dated: --------------
GLEN R. GOOGINS
City Attorney
Dated:
By (Signature):
Name:
Ti tie:
Pr inc i pa I Place of
Business Address:
Em a i I Address:
"CITY"
JOVAN D. GROGAN
City Manager
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-221 0
Fax: (408) 241-6771
CSG CONSULTANTS, INC.
a California corporation
------------------
------------------
------------------
------------------
------------------
------------------
Te I e phone: _(~---------------
Fax: ~~----------------( )
"CONTRACTOR"
Design Professional Agreement with CSG Consultants, Inc/ Exhibit E - Notice of Exercise of Option to Extend Agreement Form
EXHIBIT E1
OPTION PERIOD SCOPE OF SERVICES
The services to be performed for the City by the Consultant under this Option Period are set forth below.
[Insert services to be performed]
Design Professional Agreement with CSG Consultants, Inc/ Page 3 Exhibit E - Notice of Exercise of Option to Extend Agreement Form EXHIBIT E2
OPTION PERIOD SCHEDULE OF FEES
I. GENERAL PAYMENT
Unless otherwise described herein, all terms and conditions described the Agreement, including Exhibit B, Schedule of Fees, shall apply to this Option Period.
Option to Extend No. [#1 ([ Yean Project):
The total payment to the Consultant for Basic Services under this Option Period shall not exceed $###,###. The amount billed to City for Additional Services under this Option Period shall not exceed the sum of$##,###. In no event shall the amount billed to City by Consultant for services under this Option Period exceed $##,###, subject to budget appropriations.
II. BASIC SERVICES
The total amount of all the Tasks is a not-to-exceed amount. Figures in the following table include all subconsultant fees, expenses, and administrative markups. The following table is a summary of the Tasks based upon the negotiated cost proposal prepared by CSG Consultants, Inc. dated [Month], [Day], [Year] and agreed by City and Consultant, attached to this Exhibit E2 and incorporated herein by reference.
Design Professional Agreement with CSG Consultants, Inc/ Page 4 Exhibit E - Notice of Exercise of Option to Extend Agreement Form [Yearj Project:
Description Amount
Task 1 Project Management $ #,###
Task 2 Preliminary Engineering and Evaluation $ ###,### Task 3 Permitting $ #,###
Task 4 Construction Documents $ ###,###
Task 5 Bid Support Assistance $ #,###
Task 6 Construction Support $ ##,###
Task 7 Record Drawings and Project Closeout $ #,###
Subtotal $ ###,###
Task 8 Optional Tasks $ ###,###
Total $ ###,###
In no event shall the amount billed to City by Consultant for Basic Services under this Option Period of this Agreement exceed [ *spell out dollar amount ($*insert numerical dollar amount)], subject to budget appropriations.
Design Professional Agreement with CSG Consultants, Inc/ Page 5 Exhibit E - Notice of Exercise of Option to Extend Agreement Form EXHIBIT E3
OPTION PERIOD STREET LIST
The following is the anticipated list of streets planned to be included for the [ Yea!j Annual Street Pavement Maintenance and Rehabilitation Project which is considered the Baseline Solution for the Option Period upon which the services and fees of this Option to Extend Agreement is based.
[Insert Street Lis~
Design Professional Agreement with CSG Consultants, Inc/ Page 6 Exhibit E - Notice of Exercise of Option to Extend Agreement Form City of Santa Clara
ATTACHMENT 2
STREET LIST
2025 Annual Street Pavement Maintenance and Rehabilitation Project Street Name Begin Location End Location
AVENIDA DE CARMEN AVENIDA DE LAGO AVENIDA DE LAS ROSAS
AVENIDA DE LAS FLORES AVENIDA DE LAS FLORES CALLE DE PRIMAVERA (CORTE)
AVENIDA DE LAGO AVENIDA DE LOS ARBOLES AVENIDA DE LAS ROSAS
AVENIDA DE LAS ROSAS AVENIDA DE LOS ARBOLES AVENIDA DE LAGO BANCROFT STREET FORBES AVE. HOBART TERRACE
BARTO STREET FORBES AVE. STEVENSON ST.
CABRILLO AVENUE LAWRENCE EXPWY. 200 Ft. EAST OF NOBILI AVE.
CABRILLO AVENUE 200 Ft. EAST OF NOBILI AVE. FORDHAM DR.
CABRILLO AVENUE FORDHAM DR. CALABAZAS BLVD.
CALLE DE PRIMAVERA LAFAYETTE ST. AVENIDA DE LOS ARBOLES CONCORD LANE HOBART TERRACE FAIRLANE AVE.
CORTE PRIMAVERA CALLE DE PRIMAVERA CUL-DE-SAC
DIBBLE COURT BARTO ST. CUL-DE-SAC
FLANNERY STREET FORBES AVE. DEAD END
FAIRWAY GLEN DRIVE LAFAYETTE ST. HOGAN DR.
HAMIL TON LANE FORBES AVE. CUL-DE-SAC
HOBART TERRACE FORBES AVE. BANCROFT ST.
HOGAN DRIVE LAFAYETTE ST. SNEAD DR.
HOGAN DRIVE SNEAD DR. FAIRWAY GLEN DR.
LOS OLIVOS AVENUE HOMESTEAD RD. FORBES AVE.
POMEROY AVENUE EL CAMINO REAL CALABAZAS BLVD.
POMEROY AVENUE CALABAZAS BLVD. BENTON ST.
POMEROY AVENUE BENTON ST. HOMESTEAD RD.
STEVENSON STREET WOODHAMS AVE. CUL-DE-SAC
STEVENSON STREET WOODHAMS RD. BANCROFT ST.
VALLEY COURT VALLEY WAY CUL-DE-SAC
VALLEY WAY FAIRLANE AVE. CONCORD LN.
WARBURTON AVENUE LAWRENCE RD. BRIARWOOD DR.
WARBURTON AVENUE BRIARWOOD DR. CALABAZAS BLVD.
WARBURTON AVENUE CALABAZAS BLVD. BOWERS AVE.
WARBURTON AVENUE BOWERS AVE. SHAMROCK AVE.
WARBURTON AVENUE SHAMROCK AVE. MORSE ALLEY
2025 Annual Street Pavement Maintenance and Rehabilitation Project Street Name Be~in Location End Location
WARBURTON AVENUE MORSE ALLEY LAINE AVE.
WARBURTON AVENUE LAINE AVE. DEAD END (SAN TOMAS
EXPWY.)
WASHINGTON STREET SAN JOSE CITY LIMITS LA FAYETTE S/B CUT THRU
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
24-340 Agenda Date: 6/4/2024
REPORT TO COUNCIL
SUBJECT
Action on an Agreement for Design Professional Services with BKF Engineers for the Anna Drive Neighborhood Flood Protection Project
COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructures.
BACKGROUND
On October 10, 2023, City Council accepted Federal Community Project Funding in the amount of $3 million and established a new project for the Anna Drive Neighborhood Flood Protection Project (Project). The Project is identified as one of the higher priority projects in the Citywide Storm Drain Master Plan to address frequent flooding in the Anna Drive neighborhood. The Project scope of work generally consists of removing and upsizing approximately 2,100 linear feet of storm drain pipelines ranging in diameters from 12-inch to 48-inch on Anna Drive between San Tomas Aquino Creek and McCormick Drive (Attachment 1).
DISCUSSION
A formal selection process was utilized to solicit proposals from consultants to provide the required design professional services. On March 6, 2024, a competitive Request for Proposals (RFP) was published on the City’s e-procurement platform. The RFP was viewed by 44 members, including consultants, plan rooms, and builder exchanges, among others. Additional firms were able to view the RFP as members of various plan rooms and builder exchanges. Staff also provided direct notifications to firms who had viewed similar projects in the past.
The City received two proposals from BKF Engineers (BKF) and Schaaf & Wheeler Consulting Engineers. A proposal review panel consisting of staff from the Department of Public Works’ Design, Field Services, and Street divisions, as well as the Water & Sewer Utilities Department evaluated each proposal against the criteria set forth in the RFP, including responsiveness to the RFP, project approach, ability to complete the project within the proposed schedule, and project experiences.
Based on the panel’s evaluation, BKF was the highest-ranked consultant for the Project. BKF demonstrated a strong understanding of the Project and provided an excellent approach to investigating and resolving the issues presented in the RFP. Also, BKF has extensive civil engineering experience working in the Bay Area and has successfully completed similar projects in the past.
The proposed Agreement (Attachment 2) includes a negotiated scope of services and fees based upon the understanding of the work to be performed. The scope of services generally includes preliminary engineering, preparation of construction documents, bid and construction support, and project close-out.
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24-340 Agenda Date: 6/4/2024
Staff recommends entering into the Agreement with BKF to provide design professional services for the Project. Approval of this agreement will provide design professional services necessary to develop the design and construction documents to implement the Project. The Agreement includes prevailing wage requirements.
ENVIRONMENTAL REVIEW
This action is for design professional services and the action being considered does not constitute a “Project” within the meaning of the California Environmental Quality Act ("CEQA") Guidelines section 15378 as the action being considered does not commit the City to undertake Project and future discretionary approvals are required by the City to approve Project for construction. Environmental review in accordance with CEQA will occur as part of the design and approval process. As a recipient of federal grant funding, the Project is also required to be reviewed in accordance with the National Environmental Policy Act (NEPA).
FISCAL IMPACT
The proposed Agreement is for a total not-to-exceed amount of $586,003. This amount includes $509,568 for basic services and $76,435 for additional services. Funding for the design services agreement is available in the Storm Drain Capital Fund in the Anna Drive Neighborhood Flood Protection project.
COORDINATION
This report has been coordinated with the Finance Department and the City Attorney’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]> or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
1. Approve and authorize the City Manager to execute an Agreement for Design Professional Services with BKF Engineers for the Anna Drive Neighborhood Flood Protection Project in the notto-exceed amount of $586,003, in a final form approved by the City Attorney; and
2. Authorize the City Manager to make minor modifications to the Agreement including term extensions, if needed, in a final form approved by the City Attorney.
Reviewed by: Craig Mobeck, Director of Public Works
Approved by: Jovan D. Grogan, City Manager
ATTACHMENTS
1. Project Location Map
2. Agreement
City of Santa Clara Page 2 of 2 Printed on 5/31/2024
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LOCATION MAP:
ANNA DRIVE NEIGHBORHOOD FLOOD PROTECTION PROJECT
ANNA DRIVE
N
EBIX Insurance No. S200005388
AGREEMENT FOR DESIGN PROFESSIONAL SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
BKF ENGINEERS
FOR
ANNA DRIVE NEIGHBORHOOD FLOOD PROTECTION PROJECT
PREAMBLE
This Agreement is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and BKF Engineers, a California Corporation (Consultant). City and Consultant may be referred to individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement."
RECITALS
A. City desires to secure the design professional services more fully described in this Agreement, at Exhibit A, entitled "Scope of Services".
B. "Design professional" includes licensed architects, licensed landscape architects, registered professional engineers and licensed professional land surveyors.
C. Consultant represents that it, and its subconsultants, if any, have the professional qualifications, expertise, necessary licenses, and desire to provide certain goods and/or required services of the quality and type which meet objectives and requirements of City; and,
D. The Parties have specified herein the terms and conditions under which such services will be provided and paid for.
The Parties agree as follows:
AGREEMENT TERMS AND CONDITIONS
1. AGREEMENT DOCUMENTS
The documents forming the entire Agreement between City and Consultant shall consist of these Terms and Conditions and the following Exhibits, which are hereby incorporated into this Agreement by this reference:
Exhibit A - Scope of Services
Exhibit B - Schedule of Fees
Exhibit C - Insurance Requirements
Design Professional Agreement with BKF Engineers
Rev. 09-28-18
Exhibit D - Labor Compliance Addendum (if applicable)
Exhibit E - Milestone Schedule
Exhibit F - Project Management Document Software
This Agreement, including the Exhibits set forth above, contains all the agreements, representations, and understandings of the Parties, and supersedes and replaces any previous agreements, representations, and understandings, whether oral or written. In the event of any inconsistency between the provisions of any of the Exhibits and the Terms and Conditions, the Terms and Conditions shall govern and control.
2. TERM OF AGREEMENT
Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the term of this Agreement shall begin upon the date this Agreement is signed by both parties and terminate on December 31, 2029.
3. SCOPE OF SERVICES & PERFORMANCE SCHEDULE
Consultant shall perform those Services specified in Exhibit A within the time stated in Exhibit E. Time is of the essence. Times for performance shall be extended, as mutually agreed, for delays which are caused by reason of: floods, earthquakes, fires or other catastrophes outside of Consultant's reasonable control.
A. All reports, costs, estimates, plans and other documentation which may be submitted or furnished by Consultant shall be approved and signed by an appropriate qualified licensed professional in the State of California.
B. The title sheet for specifications and reports, and each sheet of plans, shall bear the professional seal, certificate number, registration classification, expiration date of certificate and signature of the design professional responsible for their preparation.
4. WARRANTY
Consultant expressly warrants that all services covered by this Agreement shall conform to the specifications, requirements, and instructions upon which this Agreement is based. Consultant agrees to promptly replace or correct any incomplete, inaccurate or defective Services at no further cost to City when defects are due to the negligence, errors or omissions of Consultant. If Consultant fails to promptly correct or replace materials or services, City may make corrections or replace materials or services and charge Consultant for the cost incurred by City.
Design Professional Agreement with BKF Engineers
Rev. 09-28-18
5. QUALIFICATIONS OF CONSUL TANT - STANDARD OF CARE
Consultant represents and maintains that it is qualified in the professional calling necessary to perform the Services, and its duties and obligations, expressed and implied, contained herein, and City expressly relies upon Consultant's representations regarding its skills and knowledge. Consultant shall perform such Services and duties in conformance to and consistent with the professional standards of firms in the same discipline in the State of California.
All documents furnished under Exhibit A shall be of a quality acceptable to City.
The criteria for acceptance of the work provided under this Agreement shall be a product of neat appearance, well organized, that is technically and grammatically correct, checked and having the maker and checker identified. The minimum standard of appearance, organization and content of the drawings shall be that used by City for similar projects.
6. COMPENSATION AND PAYMENT·
In consideration for Consultant's complete performance of Services, City shall pay Consultant for all materials provided and Services rendered by Consultant in accordance with Exhibit B, entitled "SCHEDULE OF FEES." The maximum compensation of this Agreement is five hundred eighty-six thousand three dollars ($586,003) subject to budget appropriations, which includes all payments that may be authorized for Services and for expenses, supplies, materials and equipment required to perform the Services. All work performed or materials provided in excess of the maximum compensation shall be at Consultant's expense.
Consultant shall not be entitled to any payment above the maximum compensation under any circumstance.
7. TERMINATION
A. Termination for Convenience. City shall have the right to terminate this Agreement, without cause or penalty, by giving not less than Thirty (30) days' prior written notice to Consultant.
B. Termination for Default. If Consultant fails to perform any of its material obligations under this Agreement, in addition to all other remedies provided by law, City may terminate this Agreement immediately upon written notice to Consultant.
C. Upon termination, each Party shall assist the other in arranging an orderly transfer and close-out of services. As soon as possible following the notice of termination, but no later than ten (1 O) days after the notice of termination, Consultant shall deliver to City all City information or material that Consultant has in its possession.
Design Professional Agreement with BKF Engineers
Rev. 09-28-18
8. ASSIGNMENT AND SUBCONTRACTING
City and Consultant bind themselves, their successors and assigns to all covenants of this Agreement. This Agreement shall not be assigned or transferred without the prior written approval of City. Consultant shall not hire subconsultants without express written permission from City.
Consultant shall be as fully responsible to City for the acts and omissions of its subconsultants, and of persons either directly or indirectly employed by them, as Consultant is for the acts and omissions of persons directly employed by it.
9. NO THIRD PARTY BENEFICIARY
This Agreement shall not be construed to be an agreement for the benefit of any third party or parties and no third party or parties shall have any claim or right of action under this Agreement for any cause whatsoever.
10. INDEPENDENT CONSULTANT
Consultant and all person(s) employed by or contracted with Consultant to furnish labor and/or materials under this Agreement are independent Consultants and do not act as agent(s) or employee(s) of City. Consultant has full rights to manage its employees in their performance of Services under this Agreement.
11. CONFIDENTIALITY OF MATERIAL
All ideas, memoranda, specifications, plans, manufacturing procedures, data, drawings, descriptions, documents, discussions or other information developed or received by or for Consultant and all other written information submitted to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant and shall not, without the prior written consent of City, be used for any purposes other than the performance of the Services nor be disclosed to an entity not connected with performance of the Services. Nothing furnished to Consultant which is otherwise known to Consultant or becomes generally known to the related industry shall be deemed confidential.
12. OWNERSHIP OF MATERIAL
All material, which shall include, but not be limited to, data, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports, designs, technology, programming, works of authorship and other material developed, collected, prepared or caused to be prepared under this Agreement shall be the property of City but Consultant may retain and use copies thereof. City shall not be limited in any way or at any time in its use of said material. However, Consultant shall not be responsible for damages resulting from the use of said material for work other than Project, including, but not limited to, the release of this material to third parties.
Design Professional Agreement with BKF Engineers
Rev. 09-28-18
13. RIGHT OF CITY TO INSPECT RECORDS OF CONSUL TANT
City, through its authorized employees, representatives or agents shall have the right during the term of this Agreement and for four (4) years from the date of final payment for goods or services provided under this Agreement, to audit the books and records of Consultant for the purpose of verifying any and all charges made by Consultant in connection with Consultant compensation under this Agreement, including termination of Consultant. Consultant agrees to maintain sufficient books and records in accordance with generally accepted accounting principles to establish the correctness of all charges submitted to City. Any expenses not so recorded shall be disallowed by City. Consultant shall bear the cost of the audit if the audit determines that there has been a substantial billing deviation in excess of five (5) percent adverse to the City.
Consultant shall submit to City any and all reports concerning its performance under this Agreement that may be requested by City in writing. Consultant agrees to assist City in meeting City's reporting requirements to the State and other agencies with respect to Consultant's Services hereunder.
14. HOLD HARMLESS/INDEMNIFICATION
To the extent permitted by law, Consultant agrees to protect, defend, hold harmless and indemnify City, its City Council, commissions, officers, employees, volunteers and agents from and against any claim, injury, liability, loss, cost, and/or expense or damage, including all costs and attorney's fees in providing a defense to any such claim or other action, and whether sounding in law, contract, tort, or equity, to the extent arising out of, pertaining to, or related to the negligence, recklessness, or willful misconduct of the Consultant, its employees, subconsultants, or agents in the performance, or non-performance, of Services under this Agreement. With respect to claims alleging Consultant's professional negligence or professional liability, Contractor's duty to defend obligation shall be met by reimbursing an indemnified party for indemnified party's costs of defense following a determination of Consultant's proportionate percentage of fault.
15. INSURANCE REQUIREMENTS
During the term of this Agreement, and for any time period set forth in Exhibit C, Consultant shall provide and maintain in full force and effect, at no cost to City, insurance policies as set forth in Exhibit C.
16. WAIVER
Consultant agrees that waiver by City of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement. Neither City's review, acceptance nor payments for any of the Services required under this Agreement shall be constructed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement.
Design Professional Agreement with BKF Engineers
Rev. 09-28-18
17. NOTICES
All notices to the Parties shall, unless otherwise requ ested in writing, be sent to City addressed as follows :
City of Santa Clara
Attention: Department of Public Works
1500 Warburton Avenue
Santa Clara, CA 95050
and by e-mail at [email protected]
And to Consultant addressed as follows :
BKF Engineers
Attention: Brian Scott, Principal and Vice President
255 Shoreline Dr #200
Redwood City, CA 94065
And by e-mail at [email protected]
The workday the e-mail was sent shall control the date notice was deemed given.
An e-mail transmitted after 1 :00 p.m. on a Friday shall be deemed to have been transmitted on the following business day.
18. COMPLIANCE WITH LAWS
Consultant shall comply with all applicable laws and regulations of the federal, state and local government, including but not limited to "The Code of the City of Santa Clara, California" ("SCCC"). In particular, Consultant's attention is called to the regulations regarding Campaign Contributions (SCCC Chapter 2.130), Lobbying (SCCC Chapter 2.155), Minimum Wage (SCCC Chapter 3.20), Business Tax Certificate (SCCC section 3.40.060), and Food and Beverage Service Worker Retention (SCCC Chapter 9.60), as such Chapters or Sections may be amended from time to time or renumbered . Additionally, Consultant has read and agrees to comply with City's Ethical Standards . (http://santaclaraca.gov/home/showdocument?id=58299).
19. CONFLICTS OF INTEREST
Consultant certifies that to the best of its knowledge, no City officer, employee or authorized representative has any financial interest in the business of Consultant and that no person associated with Consultant has any interest, direct or indirect, which could conflict with the faithful performance of this Agreement. Consultant is familiar with the provisions of California Government Code section 87100 and Design Professional Agreement with BKF Engineers
Rev. 09-28-18
following and certifies that it does not know of any facts which would violate these code provisions. Consultant shall advise City if a conflict arises.
20. FAIR EMPLOYMENT
Consultant shall not discriminate against any employee or applicant for employment because of race, sex, color, religion, religious creed, national origin, ancestry, age, gender, marital status, physical disability, mental disability, medical condition, genetic information, sexual orientation, gender expression, gender identity, military and veteran status, or ethnic background, in violation of federal, state or local law.
21. NO USE OF CITY NAME OR EMBLEM
Consultant shall not use City's name, insignia, or emblem, or distribute any information related to services under this Agreement in any magazine, trade paper, newspaper or other medium without express written consent of City.
22. GOVERNING LAW AND VENUE
This Agreement shall be governed and construed in accordance with the statutes and laws of the State of California. The venue of any suit filed by either Party shall be vested in the state courts of the County of Santa Clara, or if appropriate, in the United States District Court, Northern District of California, San Jose, California.
23. SEVERABILITY CLAUSE
In case any one or more of the provisions in this Agreement shall, for any reason, be held invalid, illegal or unenforceable in any respect, it shall not affect the validity of the other provisions, which shall remain in full force and effect.
24. AMENDMENTS
This Agreement may only be modified by a written amendment duly authorized and executed by the Parties to this Agreement.
Design Professional Agreement with BKF Engineers
Rev. 09-28-18
25. COUNTERPARTS
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but both of which shall constitute one and the same instrument.
26. STATEMENT OF ECONOMIC INTERESTS
Due to the nature of the Services to be performed, Consultant shall promptly file a Statement of Economic Interests (Form 700) upon commencement of the Agreement in accordance with California Government Code section 87200, et seq.
The Parties acknowledge and accept the terms and conditions of this Agreement as evidenced by the following signatures of their duly authorized representatives.
CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
Approved as to Form: Dated: --------------
Glen R. Googins
City Attorney
Dated:
"CITY"
Jovan D. Grogan
City Manager
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: {408) 615-2210
Fax: (408) 241-6771
BKF Engineers
a California Corporation
------------------
By {Signature): ------------------ Name: Brian Scott
Title: Principal/Vice President
Principal Place of 255 Shoreline Drive, Suite 200, Redwood City, Business Address: CA 94065 ------------------
Em a i I Address: [email protected]
Telephone: (650) 482-6335
Fax: {408)467-9199
"CONSULTANT"
Design Professional Agreement with BKF Engineers
Rev. 09-28-18
AGREEMENT FOR DESIGN PROFESSIONAL SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
BKF ENGINEERS
FOR
THE ANNA DRIVE NEIGHBORHOOD FLOOD PROTECTION PROJECT
EXHIBIT A
SCOPE OF SERVICES
The Services to be performed for the City by the Consultant under this Agreement are set forth below.
I. BACKGROUND AND GOAL
City desires to engage Consultant to provide engineering design services to prepare bid documents for public works bidding of the Anna Drive Neighborhood Flood Protection Project (Project). The Project is funded with Federal Community Project Funding. The Project is identified as one of the highest priority projects in the Storm Drain Master Plan to address frequent flooding in the Anna Drive neighborhood. The Project's goal is to upsize approximately 2,100 linear feet of storm drain pipelines including replacement/rehabilitation of manholes and inlets along the pipeline alignment on Anna Drive between San Tomas Aquino Creek and McCormick Drive.
II. SCOPE OF WORK
The information delineated below identifies various scope of work items to meet the Project's goal. All design work shall be in accordance with the City Standard Plans and Specifications, ADA Design Guidelines and Regulations, latest building and fire codes, Department of Transportation Standard Specifications and Details, and other applicable engineering standards and codes recommended by the Consultant.
1. Review record drawings and utility maps provided by the City and outside agencies
2. Review the storm drain model that was used to prepare the storm drain master plan to confirm pipe size and extent of work.
3. Complete CCTV video inspection of storm drainpipes to be upsized and upstream & downstream pipe segments to confirm conditions, other potential conflicts and improvement methods. The upstream pipe segment at Design Professional Agreement with BKF Engineers/Exhibit A - Scope of Services Rev. 4-08-24 Page 1
McCormick Dr. and Anna Dr. is not included as Project scopes in the Storm Drain Master Plan, but it needs to be evaluated.
4. The storm drain master plan recommends upsizing the downstream pipe between Manhole 15 and existing outfall (OF4) from 21-inch to 48-inch diameter. The existing storm drain pipe crosses through private properties and San Tomas Expressway.
5. Consultant shall review existing easement documents and determine whether the easement needs to be enlarged to accommodate the proposed improvements. If warranted, Consultant shall update existing easement documents and assist the City with coordinating with existing residents and completing the easement process.
6. Consultant shall assist the City to prepare and obtain all necessary encroachment permit approvals including from the County of Santa Clara.
7. Identify potential traffic issues qffecting local residents and include contract languages to minimize disruption and impacts.
8. Review and confirm City's pavement moratorium and upcoming pavement on right-of-way projects that may affect the Project.
9. Assist the City in coordinating with outside agencies for any potential utility conflicts presence, and address as required . Reach out to outside agencies using City's Notice to Intent to Construct forms to obtain existing utility maps for the area.
10. Identify any potential CEQA and environmental impacts based on the proposed improvements.
11. Complete field investigations of all infrastructures that will be affected by Project. Based on the filed investigations, prepare plans showing any existing infrastructure including utilities that have potential conflicts with new scopes.
12. Project plan shall show all existing utilities including and but not limited to manholes, catch basins, utility covers, cabinets, pull boxes, poles, structures, existing utility wires, conduits, and pipes, all landscaping, trees, irrigation pipes and valve covers.
13. Recommend necessary potholes to confirm potential utility conflicts.
14. Complete required Field Review (FR) Forms indicated in Caltrans LAPM Chapter 7 -
https://dot.ca.gov/programs/local-assistance/forms/local-assistanceprocedures-manualforms. Also, Consultant shall assist the City to complete the FR Process managed by Caltrans.
Design Profes?ional Agreement with BKF Engineers/Exhibit A - Scope of Services Rev. 4-08-24 Page 2
15. Assist by performing Preliminary Environmental Study (PES) and completing PES forms and all the required documents per Caltrans LAPM Chapter 6 - https://dot.ca.gov/programs/local-assistance/forms/local-assistanceprocedures-manualforms. Also, Project shall comply with National Environment Policy Act (NEPA) and other applicable federal environmental related laws.
16. Coordinate any conflicts that may occur with the upcoming 2232-2240 El Camino Real Multifamily project per the pre-approval set of drawings are shared in the above OneDrive folder.
17. Consultant shall follow City's Design Criteria.
18. Lessons learned from previous similar projects that shall be incorporated into Project.
19. Provide assistance in obtaining all required permits, if necessary.
Project Team:
Consultant shall provide the Services described herein through a Project team, comprised of Consultant and subconsultants identified as follows:
1. Consultant: BKF Engineers
2. Sub-Consultants to BKF Engineers
A. PARIKH -- Geotechnical Engineering Consultants
B. Biggas Cardosa Associates, Inc. -- Structural
C. Bess Testlab, Inc. - CCTV and Pothole
D. David J Powers & Associates, Inc. -- Environmental
Any changes to the Project team through the course of the Services shall be approved in writing by the City in advance.
Ill. REQUIREMENTS FOR FEDERALLY GRANTED PROJECTS
1. The Project is supported by a federal grant, which requires compliance with federal laws and regulations and Caltrans Local Assistance Procedures Manual. Special attention is directed to Local Assistance Procedures Manual (LAPM) Exhibit 10-1 and Notice to Proposers DBE Information. Consultant shall meet the required DBE goal for this Project.
Upon the award of Project Consultant shall complete and submit following forms;
A. Exhibit 10-02 - Consultant Contract DBE Commitment
B. Any other relevant forms required during the Project.
Design Professional Agreement with BKF Engineers/Exhibit A - Scope of Services Rev. 4-08-24 Page 3
2. Consultant shall comply with Chapter 10.1.3 of the Local Assistance Procedures Manual (LAPM) regarding the A&E Consultant Contract Audit and Review process. Consultant shall provide all documents listed below, and Cityshall retain cost analysis documents in Project files to demonstrate compliance.
A. The cost proposal includes contract costs: direct salary or wage rates, fixed fees, other direct costs, indirect costs and total costs.
IV. RESPONSIBILITIES OF CITY
City will provide the following information and support for Project as available and applicable:
1. Record drawings
2. City's Standard Details, Specifications, Benchmark, and Design Criteria.
3. Storm Drain (SD), Sanitary Sewer (SS), Electric, Fiber, Water and Recycled Water Block Book Maps
4. Geographic Information System (GIS) data including land parcels, street centerlines, City sanitary sewers, City storm drains, and aerial photographic tiles.
5. Payment of permit application fees with City internal departments, if required.
6. Filing exemption under the California Environmental Quality Act, if applicable.
Besides the above, the City will work closely with the Consultant to provide any other data or records, as available and necessary.
V. Basic Scope of Services
The Basic Scope of Services include all professional services required to prepare construction bid documents (plans, specifications, and engineer's estimate - PS&E) for public works bidding of Project.
PROJECT MANAGEMENT
Consultant shall:
1. Manage its team and overall Project activities consistent with the direction from City in order to meet the Project schedule and budget. Manage sub-consultants, maintain schedule and budget, anticipate and mitigate potential design issues and delays and coordinate and update the City on the overall progress of the Project as required throughout the duration of the Project.
Design Professional Agreement with BKF Engineers/Exhibit A - Scope of Services Rev. 4-08-24 Page 4
2. Any field work that involves subsurface excavation and/or coring, Consultants required to submit plan of work to the City for review and approval prior to proceeding.
3. Organize and attend Project meetings with the City to discuss Project progress, decisions, and direction and to coordinate activities. Meetings shall be held at key Project milestones and shall include, but are not limited to:
A. Kick-off and Field Visit Meeting
B. Preliminary/Evaluation Meeting
C. Field Review
D. NEPA Review
E. Schematic Plans Review Meeting
F. 65% Design Review Meeting
G. 95% Design Review Meeting
H. Any other meetings identified in the Agreement
4. Plan, coordinate, schedule, attend meetings, and produce meeting minutes with action items for all meetings with the City as deemed necessary to efficiently complete this phase of the design in a timely manner.
5. Coordinate with City, design team members, consultants, utility companies, other government agencies, and other affected parties as required throughout the duration of the Project as well as the Quality Assurance/Quality Control (QA/QC) activities for Project deliverables.
6. Prepare, monitor, and update progress schedule in MS Project format beginning at the notice to proceed and ending at award of construction contract. Schedule shall show significant milestones for the Project. Consultant shall notify City if there are delays or potential delays in any phase of the Project. In such cases, Consultant shall make up the schedule in subsequent phases of the Project or provide information to City substantiating a request for time extension (which may not be approved). The schedule shall always be maintained and shall be updated each time progress and milestones are achieved and/or changed.
7. Meetings: Meetings shall be budgeted for and invoiced under each respective Task or activity requiring a meeting and not as project management. Preparation for meetings shall be considered as included in the Task or activity for which the meeting is involved. A kick-off meeting shall be conducted with designated City staff prior to beginning work to review anticipated Tasks and schedule, review available information and needs, and address any outstanding questions regarding the Project moving forward raised by City or Consultant. During the course of Services while there is active work on the Project, Consultant shall schedule and attend brief bi-weekly conference calls with City.
8. Stakeholder Coordination: Consultant shall coordinate with the Project stakeholders as needed to inform each stakeholder of the Project work and incorporate any Design Professional Agreement with BKF Engineers/Exhibit A - Scope of Services Rev. 4-08-24 Page 5
necessary accommodations into the final submittal documents.
9. Provide Review/Plan Check Log (Response Matrix) summarizing comments received from various City Departments/Divisions and agencies. Response Matrix shall include, but not be limited to, commenting department/division or agency, comments, response to comments, action items, and person responsible for follow- up.
Consultant shall be responsible for resolving comments from each commenter and shall identify to City any comments that cannot be resolved to have final discussion and resolution. Submit Response Matrix in electronic format with each route of plan check submittal.
10. Conduct QC reviews in accordance with its QA Program guidelines. Consultant shall provide a copy of its QA Program guidelines and shall provide a QC report at the end of each Task. Time spent for QA-QC reviews for specific deliverables shall be budgeted and billed under each respective task requiring QA-QC review and not as Project Management.
11. Payment for all responsibilities related to Project Management shall be included in the various tasks identified in Exhibit B, Schedule of Fees.
Deliverables - Electronic format:
1. Progress schedules in MS Project format
2. QA Program guidelines and QC reports for each Task
3. Meeting agendas, preparation materials, and meeting minutes for each Project meeting
4. Monthly progress reports and invoices
Task 1: Preliminary Engineering/ Evaluation
1.1 Utility Research & Site Reconnaissance: Consultant shall collect and review record drawings and record information to familiarize with the existing pipeline and acjjacent infrastructure and improvements. For information that is required for non-City maintained facilities, Consultant shall contact the appropriate owner to obtain information as needed. Consultant shall check the completeness of the information and identify if additional utility research is needed and where potholing will be required. Consultant shall assess the accuracy of the mapped information based on as-builts and the topographic field survey, including confirming the size of pipes match what is shown in the Storm Drain Master Plan. Consultant shall contact all regulatory agencies that will affect the proposed work and confirm applicable codes and ordinances the project is required to comply with. Consultant shall visit the location and perform a site walk to verify field conditions. Consultant shall visually inspect manholes, catch basins, structures, etc. Consultant shall note existing conditions that may affect the work, such as visible surface utility information, traffic conditions, physical obstructions, and construction access. Consultant shall prepare field notes that generally describe conditions that may affect the work. Consultant Design Professional Agreement with BKF Engineers/Exhibit A - Scope of Services Rev. 4-08-24 Page 6
shall also review photographs and video from the topographic field survey and identify if any structures require replacement or rehabilitation.
1.2 Topographic Field Survey: Consultant shall perform the field work to prepare a Topographic Survey for the project. The topographic survey will be comprised of the following:
Field Survey - Consultant shall perform field surveys to provide the engineers a topographic map for designing the Project. The survey will show major topographic features of the designated areas, anticipated to include the street and private property above the replacement line (a width of approximately 40 feet along the full length of replaced pipe). Consultant shall locate and collect all visible features which include, but not limited to: concrete, structures, curbs, flowline, lip of gutter, edge of pavement, fences, apparent low spots, striping, USA markings, signage, mailboxes, and utility features (water valves, service meters, fire hydrants, back flow preventers, vaults, clean-outs, pull-boxes, and manholes). Consultant shall show horizontal locations of water valve lids, and provide depth from top of the lid to the gate valve (or top of dirt if it is covered). Consultant shall dip the sanitary sewer manholes, storm drain manholes, and storm drain catch basin that are safe to access. Photos of the insides of SS/SD manholes will be included in the deliverables.
Underground Utility Locating - Consultant will perform utility investigation services using standard industry acceptable methods as per California Government Code section 4216 to determine the approximate horizontal position and depth of detectable utility lines within the designated areas (a width of approximately 40 feet along the full length of replaced pipe). Consultant's field crews will use a combination of water-based paint and pin flags to mark the results of the investigation on the ground surface. In addition, Consultant shall mark out the water and sewer mainline/laterals crossings along the storm drain alignment. Individual field conditions will dictate the thoroughness of the subsurface utility investigation.
Consultant shall perform a reasonable effort to determine the location of the existing underground utility lines. Irrigation lines, empty conduits, and abandoned utilities will not be located.
Boundary Survey - Consultant shall perform a Boundary Survey parcel where the storm drain line crosses from Anna Drive to San Tomas Expressway. While performing the field work associated with the topography, Consultant shall conduct field research for primary monumentation to establish boundary resolution. Once the research and reconnaissance has been completed, Consultant shall perform a boundary determination, which includes an analysis of the assembled evidence with respect to its relationship to the title and other documentary evidence.
Mapping - The signed hardcopy Topographic Map will be an instrument of service.
Electronic mapping will be completed in an AutoCAD format and can be transferred and used by others for future projects.
Design Professional Agreement with BKF Engineers/Exhibit A - Scope of Services Rev. 4-08-24 Page 7
1.3 Plat & Legal Description: Consultant shall research for recorded maps, and other recorded documents to facilitate in preparing plats and the legal description for one new easement. Consultant shall prepare the plats, mathematical closure calculations, and legal descriptions, and stamp final exhibits.
1.4 Pothole: Consultant shall perform up to six (6) potholes to determine the depths of underground utilities. The work is anticipated to take one day. Surface restoration is anticipated to be per City specifications. Traffic control during the potholing is included. Following the potholing, Consultant shall prepare a potholing report with information that can be incorporated into the project plans. Field work that involves subsurface excavation and/or coring is required to include preparation of a work plan for City review and approval. Consultant shall prepare the work plan including a brief description of the planned work and an exhibit showing locations for City review.
1.5 CCTV: Consultant shall perform Traffic Control and CCTV Pipeline Inspection per NASSCO standards to verify pipe size, material, depths and utility crossings in the storm pipelines to be replaced (approximately 2,100 linear feet). Hydro Flushing to clean the existing pipeline prior to CCTV is not anticipated to be required. Consultant shall provide a CCTV Pipeline Inspection per NASSCO pipeline assessment and condition standards. Following collecting of data, Consultant shall review the CCTV video and pipeline assessment. The results will be shared with the City.
Encroachment permit fees, if required, are assumed to be paid by the City.
1.6 Location Hydraulics Study: Consultant shall obtain the latest City model prepared for the Master Plan, assumed to be provided in lnfoWorks ICM modeling format.
Consultant shall review the "improved" model (i.e. existing model with all Master Plan projects incorporated) with the anticipated replacement pipe diameters.
Consultant shall re-run the level of service design storm. Consultant shall study the results of the system to confirm recommended pipe sizes are appropriate.
Consultant shall document findings in a brief memorandum and submit the memorandum in word doc format for City review. A Location Hydraulics Study form will be included as an appendix. Consultant shall revise the memo based on City comment and issue a revised memorandum.
1. 7 Geotechnical Investigation: The borings are anticipated to be located adjacent to the pipeline alignment to be replaced. Consultant shall obtain a no-fee City encroachment permit for drilling within existing roadway areas. The borings are anticipated to be spaced 800 to 1,000 feet apart and are proposed no deeper than 25 feet given the relatively shallow storm drainpipe and backfilled with neat cement and patched with cold patch asphalt. The drilling will be accomplished using a truckmounted drill rig. Consultant shall perform engineering analysis and prepare and submit a Geotechnical Report for the project. The report to contain:
A. Project and site description
B. Site geology
C. Subsurface exploration
D. Subsurface soil, rock and groundwater conditions
Design Professional Agreement with BKF Engineers/Exhibit A - Scope of Services Rev. 4-08-24 Page 8
E. Laboratory test result
F. Soil corrosion potential
G. Excavation and backfill recommendations, including excavation shoring and dewatering considerations.
H. Risk management and limitation
I. Site plan displaying proposed improvements and boring locations.
J. Geologic map
K. Boring logs
1.8 Preliminary Environmental Study: Consultant shall work with the City and project team to develop a project description for submittal to Caltrans. Consultant shall prepare the Caltrans' Preliminary Environmental Study (PES) form. The PES form will include the visual impact questionnaire, United States Fish and Wildlife Service (USFWS) list of federally listed species, Federal Emergency Management Agency (FEMA) floodplain maps, and hazardous materials database mapping. At the minimum, theTechnical Memo to Caltrans shall include the following:
A. Air Quality Conformity {MTC PM2.5 Exemption Email)
B. Cultural Resources (APE map, Archaeological Survey Report, Historic Properties Survey Report)
1.9 Environmental Review: Consultant shall perform necessary CEQA determination and prepare a Notice of Exemption (NOE) and supporting memorandum for the project and submit these documents to City staff for one round of review. Upon project approval, Consultant shall file the NOE at the Santa Clara County Clerk's office and State Clearinghouse.
1.1 O Preliminary Evaluation Report: Consultant shall prepare a Preliminary Evaluation Report. The report will document the existing conditions, evaluate alternative methods considered for the project and will include a professional recommendation for project improvements. The Report will consider factors such as cost, constructability, flow capacity after upgrades, flow diversion and bypassing (if applicable), service life, and future operations and maintenance considerations.
Based upon the recommendation, Consultant shall evaluate and propose recommendations for programing the upgrades into construction bid packages in order to perform the upgrades as cost effectively and efficiently as possible.
1.11 Schematic Plans: Following concurrence by the City of the recommended improvements, Consultant shall prepare Schematic Plans for the project. The schematic plans will be drawn to scale, on D-size {24" X 36") sheets, at an engineering scale up to 1 "= 40' maximum using AutoCAD 2021 or earlier versions, using City-provided standard AutoCAD template with available background layouts.
1.12 Preliminary Opinion of Probable Construction Costs: Consultant shall prepare a preliminary opinion of probable construction costs that includes an itemized list of bid items for construction based on the schematic plans. The estimate shall be Design Professional Agreement with BKF Engineers/Exhibit A - Scope of Services Rev. 4-08-24 Page 9
based upon current construction pricing and escalated to mid construction. The estimate shall consider the following factors:
A. Recent similar Projects bided in the Bay Area, especially in the South Bay.
B. Current economic trend.
C. When project will be bidding.
D. When construction will occur.
E. The risks that contractors need to consider for the project.
Task 1 Deliverables - Electronic format:
1. Field Notes and Photographs
2. Existing Conditions Topographic Survey
3. Geotechnical Report
4. Field Review Form
5. Location Hydraulics Study
6. Preliminary Evaluation Report
7. QA/QC Documentation
8. Schematic Plans
9. Preliminary Opinion of Probable Construction Estimate
10. Schematic Plan Comment Response Matrix
11 . Meeting Minutes
Task 2: 65% Construction Documents
Based on the approved schematic plans, approved project scopes, and any adjustments authorized or directed by the City, the Consultant shall develop and refine the design, and prepare construction documents.
Plans shall be drawn to scale, on D-size (24" X 36") sheets, at an engineering scale up to 1" = 40' maximum, conforming to CITY's Design Criteria. Plans are to be drawn by AutoCAD 2021 or earlier versions, using CITY-provided standard AutoCAD template with background layout from Consultant's topographic survey.
2.1 Prepare 65% construction documents and supporting information for CITY's review.
Consultant shall follow City's Design Criteria and plan format to prepare 65% Plans and supporting information for City's review. Plans with details of major design components as necessary such as: Site Plan, Existing Condition, Proposed Improvement, Traffic Control Plan, Details, and other pertinent information for CITY to review and provide comments.
65% Plans shall include all existing utilities on-site and immediate surrounding off-site areas. Pertinent background information relating to proposed improvements such as, but not be limited to, layouts, fence, gate, pedestrian pathway, property lines, site entrance/exist driveway, adjacent streets shall be shown.
All potential utility conflicts shall be discussed with City and coordinated with each Design Professional Agreement with BKF Engineers/Exhibit A - Scope of Services Rev. 4-08-24 Page 10
respective utility agency to clear all conflicts. Project plan shall clearly identify all existing utilities that will be and potentially be impacted during construction.
2.2 Prepare Project estimate that includes an itemized list of bid items. Project estimate shall be accurate and prepared based upon current construction pricing and escalated to mid construction. Consultant shall review recent bids, and contact vendors, suppliers, and contractors as necessary to develop an accurate cost estimate. The Consultant shall provide the assumptions and supporting documents used to prepare the estimate.
2.3 Develop Project schedule. Schedule shall include all needed times to complete all tasks, including City's review times, permitting process, and construction period.
2.4 Conduct a quality control (QC) review of design documents (Plans, Specifications, and Engineer's Cost Estimates).
2.5 City will circulate the submittal package to internal City departments for review and comments. Consultant shall be responsible for submitting the package to external stakeholders if required. Consultant shall prepare written responses to all written comments received. All redlined drawings shall be returned with Consultant's response on the redlined drawings.
2.6 Consultant shall be responsible for resolving comments from each commenter and shall identify to City any comments that cannot be resolved. Consultant shall conduct a 65% comments review meeting with City to discuss comments on the submittal package, to identify any significant design issues, and gain concurrence as to how the submittal shall be revised as appropriate to incorporate City's comments.
Task 2 Deliverables - Electronic:
1. 65% Plans
2. 65% Engineering cost estimate
3. Project schedule
4. Quality control checklist for 65% PS&E submittal
5. Miscellaneous Project information (as requested).
6. Meeting minutes
Task 3: 95% Construction Documents
Based on City's comments and direction on the 65% PS&E, Consultant shall revise the 65% PS&E to produce the 95% PS&E. Consultant shall:
3.1 Prepare 95% construction documents and supporting information for CITY's review and approval.
3.2 Modified sections include, but not be limited to, general information, summary of work, measurement, and payment for bid items, permitting and agency regulatory requirements, etc.
Design Professional Agreement with BKF Engineers/Exhibit A - Scope of Services Rev. 4-08-24 Page 11
3.3 Prepare an updated engineering cost estimate.
3.4 Prepare an updated Project schedule.
3.5 Meet with City staff, as needed, to review City comments on 95% submittal and gain concurrence as to how the documents will be revised as appropriate to incorporate City comments.
3.6 Plan, coordinate, schedule, attend meetings, and produce meeting minutes with action items for all meetings with City as deemed necessary to efficiently complete this phase of the design in a timely manner.
3.7 Provide written response matrix to City's comments on 65% PS&E.
3.8 Conduct a quality control (QC) review of design documents (Plans, Specifications, and Engineer's Cost Estimates).
Task 3 Deliverables - Electronic format
1. 95% Plans
2. 95% Specifications
3. 95% Engineering cost estimate
4. Updated Project schedule.
5. Meeting minutes.
6. Quality control checklist for 95% design submittal.
7. Written response matrix
8. Required information to City's Project Specific Specification Book Task 4: 100% Construction Documents
Based on City's comments and direction on the 95% PS&E, Consultant shall revise the 95% PS&E to produce the 100% PS&E. Consultant shall:
4.1 Prepare 100% construction documents and supporting documents.
A. Phase percentage statement such as "100% Plans. Not for Construction" shall be removed from the 100% Plans and each sheet of the plans set shall be stamped and signed by CONSUL TAN's Engineer of appropriate discipline.
B. Specifications shall be stamped and signed (on Document 00030 - Seal) by Consultant Project Engineer.
4.2 Prepare an updated Engineering Cost Estimate with backups and justifications for unit pricing.
4.3 Prepare an updated Project Schedule.
Design Professional Agreement with BKF Engineers/Exhibit A - Scope of Services Rev. 4-08-24 Page 12
4.4 Provide Documents for City's PS&E approval process. Required documents are, but not be limited to, engineer's estimate using the schedule of quantities format, recent similar project bid summaries to validate engineer's estimate, Consultant Peer Review Certification, Consultant Lessons Learned from other similar projects that were applied to Project.
4.5 100% PS&E shall be Peer reviewed and Certification of Peer Review shall be submitted with the 100% Submittal.
A statement to indicate Peer Review has been performed and name, signature, and title of the Engineer who performed it shall be added to the Plans Cover Sheet.
Certification of Peer Review: The following paragraph shall be put on the company letter head, dated, and signed by the Peer Review Engineer. "The undersigned hereby certifies that a professional peer review of these plans and the required designs was conducted by me, a professional engineer with expertise and experience in the appropriate fields of engineering equal to or greater than the Engineer of Record, and that appropriate corrections have been made."
4.6 Prepare and submit a Special Inspection Form for PROJECT, if applicable.
4.7 Meet with City staffs as needed to review City comments on 100% submittal and gain concurrence as to how the documents will be revised as appropriate to incorporate City comments.
4.8 Plan, coordinate, schedule, attend meetings, and produce meeting minutes with action items for all meetings with City as deemed necessary to efficiently complete this phase of the design in a timely manner.
4.9 Provide written response matrix to City's comments on 95% PS&E.
4.10 Provide list of potential bidders including company name, email address, contact number, and address of business.
Taks 4 Deliverables - Electronic:
1 . Project Plans
2. Project Specifications
3. Signed Seals Document 0300
4. Engineer's Estimate.
5. Recent similar project bid summaries to validate engineer's estimate.
6. All structural calculations, as required per Building Codes and as applicable.
7. Completed Special Inspection Form, as applicable.
8. QA/QC Records for primary and subconsultants
9. Pothole results
Design Professional Agreement with BKF Engineers/Exhibit A - Scope of Services Rev. 4-08-24 Page 13
10. Complete geotechnical and soil reports.
11. Responses to all City's Comments
12. Provide required information to the City's Project Specific Specification Book (Division 0, 1, and 2). Required information from Consultant for City's Front End Specifications shall include, but not be limited to, the followings:
A. Description of work
B. Type of Contractor's License required.
C. Construction Duration for substantial completion and final completion D. Bid schedule without engineer's estimate.
E. Bid schedule with engineer's estimate.
F. Requirements for Contractor's Statement of Qualifications (e.g., experience requirements for similar work and contract values)
G. Identification of any changes to the City's standard specifications that are required.
Task 5: Bid Documents
The Bid Documents shall incorporate all comments from City including comments from Public Works, Sewer and Water, SVP, and any other stakeholders that are involved in Project. Based on City's comments and direction on the 100% PS&E, Consultant shall revise the 100% PS&E to produce the Bid Documents. Consultant shall:
5.1 Incorporate City review comments of 100% PS&E into Bid Documents.
5.2 Bid Specifications shall be wet stamped and signed (on Document 00030 - Seal) by Consultant's Project Engineer.
5.3 Prepare Bid Documents (P&S)
5.4 Bid Plans shall be wet stamped and signed by Consultant's Engineer of appropriate discipline. Plans shall be drawn to scale and plotted onto D-size sheets.
5.5 Bid Specifications shall be wet stamped and signed (on Document 00030 - Seal) by Consultant's Project Engineer.
5.6 Final Engineer's Estimate
Task 5 Deliverables - Electronic:
1. Bid Plans - Pdf and AutoCAD file.
2. Bid Specifications - Pdf and Word file
3. Bid Engineering Cost Estimate - One (1) PDF and one (1) Microsoft Excel file
4. Written response matrix - One (1) PDF and one (1) Microsoft Word or Excel file.
5. Quality control checklist for bit set submittal.
Task 6: Bid and Award Phase Assistance
Consultant shall provide assistance to City during the bidding and award phase, answer questions from bidders, help and prepare exhibits for addenda when necessary, assist Design Professional Agreement with BKF Engineers/Exhibit A - Scope of Services Rev. 4-08-24 Page 14
City in evaluation of bids received, and provide a written recommendation for the award of contract, when requested.
Consultant shall:
6.1 Attend and conduct one Pre-Bid Conference/Site Visit.
6.2 Assist City with responses to bidder's inquiries through City's Project Manager.
6.3 Assist City with addenda to the construction documents to respond to bidder's inquiries and clarify the intent of bid documents.
6.4 Assist City in evaluating bids (if required by City).
6.5 Within fourteen (14) days from the bid opening date, prepare and submit a conformed set of contract documents (Plans and Specifications) incorporating any and all addenda (if needed).
Task 6 Deliverables - Electronic:
1. Written response to bidder's inquiries, if needed.
2. Addenda to the Bid Documents, if needed.
3. Written recommendation letter to award of contract for Project, if needed.
4. Conformed Set of Plans and Specifications
Task 7: Construction Phase Assistance
Consultant's responsibility to provide basic services for the construction phase under this Agreement commences with the "Notice to Proceed" (NTP) of the contract for construction and terminates on the date City approves the certificate of completion of Project.
7.1 Consultant shall assist City in providing administration of the contract for construction.
Duties, responsibilities and limitations of authority of Consultant shall not be restricted, modified, or extended without written agreement of City.
7.2 Consultant shall attend the Pre-construction meeting. 7 .3 Consultant shall plan for six construction site visits. During these site visits, Consultant shall attend job progress meetings, pre-submittal meetings, pre-installation meeting, and other meetings as required by City. Consultant's structural, and civil subconsultants shall visit the site as required when work related to their discipline is in progress.
7.4 Consultant shall make construction observation visits throughout the construction phase. Consultant shall issue an observation report after each visit. Assume up to three (3) meetings.
Design Professional Agreement with BKF Engineers/Exhibit A - Scope of Services Rev. 4-08-24 Page 15
7.5 In addition to the construction observation visits, Consultant shall review technical submittals, shop drawings, product data, product samples, and product warranties from the contractor for conformance with the specifications and drawings. The Consultant's action shall be taken with such reasonable promptness so as to cause no delay in the work, while allowing sufficient time in Consultant's judgment to permit adequate review. Consultant shall be allowed a maximum of seven (7) calendar days for review of submittals. Consultant's review shall not constitute review of safety precautions or, unless otherwise specifically stated by Consultant, of construction means, methods, techniques, sequences or procedures. Consultant's review of specific items shall not indicate approval of an assembly of which the item is a component. When professional certification of performance characteristics of materials, systems or equipment is required by the contract documents, Consultant shall be entitled to rely upon such certification to establish that the materials, systems or equipment will meet the performance criteria required by the contract document.
7.6 Consultant shall respond to Contractor's Request for Information (RFI) and Request for Substitution (RFS). Interpretations and decisions of Consultant shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. Consultant shall be allowed a maximum of seven {7) calendar days to respond to RFls and RFSs that impact Project schedule or a maximum of fourteen {14) calendar days to respond to RFls and RFSs that do not impact Project schedule.
7. 7 Consultant shall prepare the Scope of Work, including sketches, for Field Instructions issued to the Contractor. When requested by City, Consultant shall review Change Order (CO) pricing and provide written responses for City's review and finalizing said cos.
Task 7 Deliverables - Electronic and hard copy format:
1. Signed PDFs of Reviewed Contractor Submittals, Shop Drawings, RFls, RFSs, and Field Instructions
2. Signed PDFs of COs' recommendations.
3. Signed PDFs of Field reports by Consultant and sub-consultants.
Task 8: Post-Construction Phase
8.1 When requested by City, Consultant shall conduct reviews to assist City to determine the date or dates of Substantial Completion and the date of Final Completion.
Consultant's decisions with City approval on matters relating to aesthetic effect may be final if consistent with the intent expressed in the Contract Documents.
8.2 Upon request by Contractor, in accordance with contract Specifications, for Substantial Completion and later Final Completion, Consultant shall assist City in Design Professional Agreement with BKF Engineers/Exhibit A - Scope of Services Rev. 4-08-24 Page 16
determining if Project is ready for the stage of completion requested by the Contractor.
Consultant shall provide City with a written recommendation.
8.3 Consultant shall perform a walk-through of Project site, review Contractor Punch List, and provide written response with status and action of items on the Punch List.
Consultant shall attend final walk-through of Project site with City, verify Punch List completion, and provide written response with recommendation regarding Project acceptance and close-out.
8.4 Consultant shall review Contractor-supplied Operation and Maintenance manuals and Warranties to determine their completeness and compliance with Construction Contract and provide written recommendation for acceptance.
8.5 Provide a complete set of the Record Drawings and all X-ref files "bound", including other associated fonts, pot style files on AutoCAD, including electronic copies in PDF format. Consultant may, at its own expense, prepare and retain a copy of each drawing for its permanent file.
Task 8 Deliverables - Electronic and hard copy format:
1 . Substantial Completion/Final Completion recommendations and Reviewed Punch List - One (1) signed PDF.
2. Record Drawings - One (1) PDFs and one (1) AutoCAD files on CD/DVD.
Exclusions
The following are items excluded from the Basic Scope of Services:
1) Environmental Resource Agency Permitting
2) Preparing and filing Record of survey
3) Coordinating with property owners
4) Public agency permit fees
5) Boring work in San Thomas Expressway
6) Special foundation considerations from liquefaction, etc. and design of nonconventional footings
7) NEPA/CEQA evaluation of more than one build alternative 8) Mitigation Plan
9) Biological assessments
1 0)Tree removal/ arborist report
Design Professional Agreement with BKF Engineers/Exhibit A - Scope of Services Rev. 4-08-24 Page 17
AGREEMENT FOR DESIGN PROFESSIONAL SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
BKF ENGINEERS
FOR
THE ANNA DRIVE NEIGHBORHOOD FLOOD PROTECTION PROJECT
I. GENERAL PAYMENT
EXHIBIT B
SCHEDULE OF FEES
The total payment to the Consultant for Basic Services for the Project, as stated in Exhibit A, shall not exceed $509,568. The amount billed to City for pre-approved Additional Services shall not exceed the sum of $76,435. In no event shall the amount billed to City by Consultant for Services under this Agreement exceed $586,003, subject to budget appropriations.
Consultant shall bill City on a monthly basis for Services performed by Consultant during the preceding month on an invoice and in a format approved by City and subject to verification and approval by City. Billing shall be proportionate to the Services performed for each task completed. The invoice shall describe the Task completed, and percentage completed by Task, and total during the invoice period.
The invoice shall also show the total to be paid for the invoice period. All invoices shall provide a written description of services completed during the invoice period, deliverables completed, and progress to date on Tasks being invoiced in order to support the amount invoiced. City will pay Consultant within thirty (30) days of City's receipt of an approved invoice.
Subconsultant(s) invoice(s) pass-through billed through Consultant to City shall be consistent with the terms contained within this Agreement. Consultant shall be responsible for ensuring conformance of each subconsultant invoice with these terms, including the fees allocated for each Task, prior to billing City.
11. BASIC SERVICES
The total payment to Consultant for all work necessary for performing all Tasks, as stated in Exhibit A, shall be in proportion to Services rendered and on a Timeand-Material not-to-exceed basis.
The Consultant fee allocated to each Task, as shown below, shall be the Consultant's full compensation for all the Consultant Services required for the Project and by this Agreement, as directed by the City, and no additional compensation shall be allowed. The total amount of all the Tasks is a not-toexceed amount.
Design Professional Agreement with BKF Engineers/Exhibit A - Scope of Services Rev. 4-08-24 Page 1
The amount for each Task and the total amount of all the Tasks are as listed below:
Description of work and task Basic Services
Cost
Task No. 1 - Preliminary Design $265,481
Task No. 2 - 65% Construction Documents $74,638
Task No. 3 - 95% Construction Documents Package $42,226 Task No. 4 - 100% Construction Documents Package $31,734 Task No. 5 - Bid Documents $7,240
Task No. 6 - Bid Support Assistance $13,272
Task No. 7 - Construction Support $48,366
Task No. 8 - Record Drawings and Project Close-out $26,610 TOTAL COST $509,568
In no event shall the amount billed to City by Consultant for BASIC SERVICES under this Agreement exceed five hundred nine thousand and five hundred sixtyeight dollars ($509,568).
Ill. REIMBURSABLE EXPENSES
There are no reimbursable expenses.
IV. ADDITIONAL SERVICES
Additional Services consists of work not included in the Scope of Services outlined within this Agreement. Pre-approved Additional Services shall be billed to City at the fixed hourly rates shown below in Section V, RATE SCHEDULE, or at an agreed negotiated lump sum price. Monthly billing for Additional Services shall be consistent with the term set forth in this Agreement. Payment for any Additional Services is allowed only if written authorization is given by the City Engineer in advance of the work to be performed. Additional Services shall not exceed $76,435.
V. RATE SCHEDULE
Personnel Charges
Charges for personnel engaged in professional and/or technical work are based on the actual hours directly chargeable to the Project.
Design Professional Agreement with BKF Engineers/Exhibit B - Schedule of Fees Rev. 4-08-24 Page 2
The pay rates for the Project by classification are listed below:
Primary Consultant Billing Rates - BKF Engineers:
BKF ENGINEERS PROFESSIONAL SERVICES RATE SCHEDULE
EFFECTIVE JANUARY 1, 2024
CLASSIFICATION HOURLY RATE
PROJECT MANAGEMENT
Principal
Senior Associate Principal
Associate Principal
Senior Project Manager I Senior Technical Manager
Project Manager I Technical Manager
Engineering I Surveying I Planning Manager
TECHNICAL STAFF
Sr. Project Engineer I Surveyor I Planner
Project Engineer I Project Surveyor I Project Planner
Design Engineer I Staff Surveyor I Staff Planner
BIM Specialist I, II, Ill
Technician I. II, Ill, IV
Drafter I, 11, 111, IV
Engineering I Surveying I Planning Assistant
FIELD SURVEYING
Survey Party Chief
Instrument Person
Survey Chainperson
Utility Locator I, II, Ill, IV
Apprentice I, 11, Ill, IV
CONSTRUCTION ADMINISTRATION
Senior Consultant
Senior Construction Administrator
Resident Engineer
Field Engineer I, II, Ill
FUNDING & GRANT MANAGEMENT
Director of Funding Strategies
Funding Strategies Manager
Funding/Research Analyst I, 11, 111, IV
PROJECT ADMINISTRATION
Project Coordinator
Senior Project Assistant
Project Assistant
Clerical I Administrative Assistant
$302.00
$280.00
$273.00
$265.00
$260.00
$239.00
$222.00
$195.00
$170.00
$170.00 - $195.00 - $222.00
$162.00 - $172.00 - $189.00 - $203.00
$127.00 - $139.00 - $150.00 - $167.00
$106.00
$222.00
$190.00
S143.00
$116.00 - $164.00 - $197.00 - $224.00
$88.00 - $118.00 - $130.00 - $138.00
$290.00
$253.00
$188.00
$170.00 - $195.00 - $222.00
$208.00
$190,00
$130.00 - $1S0.00 - $160.00 - $176.00
$142.00
22.00 08,00
$90,00
Billing rates will be extended by 3% each year per category starting January 2025 Subconsultant Billing Rates:
PARIKH Geotechnical Engineering Consultants
Design Professional Agreement with BKF Engineers/Exhibit B - Schedule of Fees Rev, 4-08-24 Page 3
@PARIKH
FEE SCHEDULE (EFFECTIVETHR,QUGH D~CfMBER 2026)
Schedule of BillinG Rate !1H2J.
1024 2025 2026
STAFF CATEGORY (1/ 1/2024 r 12/31/2024) (1/1/202.5 to ll/31/2025) (1/ 1/2025 ro 12/31/2026) Actua'I Hourly Billing- Ar.tuef Hourly Billtng Actua l Hc.ur1 Billin17 Hourly Ra te Rate:5 HourJy Rate Rates Hourly Rate Rates Project Manager- $110-$125 $ 330-$ 375 S 116-$131 $ 346- $ 393 $121 -S 138 $ 363-$ 413 S,-, Project; Engineer/QA Qc°Manager S7Q-$~ $210-$2 70 $74-$95 S 220-$ 2B3 $77 -$99 S 231-S 297 Sr. Project Engineer/Geologist $ 50-$E5 $150-$ 255 S 53-S 89 $157- $267 S55~$94 $165-$ 282 Project Engineer -$50-$70 $.J:50- $ 210 S 53-$ 74 $157•- $220 $55-$77 $ ,165-$ 231 Project Geolo;_ist S40-S65 S 120-S 195 S42-S68 $ 126-$200 $44 ~$72 $132-S 216 s,-, Staff Engineer/PE $40-$55 . $12!)- $165 S 42-S 58 $126-$173 $ 44-$61 $132-$183 Staff Engineer $ 30-$ 55 $ 90-$165 S 32-S 58 S 94- $173 S 33-$ 61 $ 99- $ 183 Field Engineer/Geologist $25-$65 $ 75-$195 $26-$68 $ 79-$20'1 $ 28-$ 72 S 83-5216 lab Technician $ 25- $ 45 $75-5135 S 26-S47 S 79- $ 142 S2.8-$50 $83-$150 Drafting/Cadd Tech $ 25-$55. S 75-.$ 165 S 26-S 58 .$ 7~-S-173 S 28 -$ 61 $ ,83-·S 183 Contract Administration $ 70-$90 $ 210- $270 $74-$95 $ 220-$ 283 s n-$99 $231-$297 Field Englneer/Prevailing-W~ge TBD 1
Billing rates will be extended by 3% each year per category after 2026.
Biggas Cardosa Associates, Inc.
Design Professional Agreement with BKF Engineers/Exhibit B - Schedule of Fees Rev. 4-08-24 · Page 4
I ■ ;p,
BIGGS CARDOSA
ASSOCIATES INC
STRt
O F E: ,I , ,JI ,ci 1 , , e"' ,,
S , F, , ,,,,- t:);'-\ !J I 07-·I
T 1= I _ 1'1 1.:J ri 1:cJ G l -9B .1 9 1 1
Senior Principal
Principal
Associate
CHARGE RATE SCHEDULE
Engineering Manager
Senior Engineer
Project Engineer
Staff Engineer
Assistant Engineer
Junior Engineer
Senior Comi:uter Drafter
Computer Drafter
Junior Computer Drafter
BIM/Visualization Specialist
Project Administrator
Project Coordinator
Secretarial Administrative Services
Construction Manager
Senior Structural Representative
Structural Representative
Assistant Structures Representative
Senior Bridge Inspector
$325.00
$280.00
$257.00
$225.00
$205.00
$190.00
$175.00
$1:60.00
$145.00
$165.00
$145.00
$ 130.00
$165.00
$190.00
$155.00
$125.00
$280.00
$240.00
$215.00
$170.00
~215.00
Billing rates will be extended by 3% each year per category starting January 2025 Bess Testlab, In
Design Professional Agreement with BKF Engineers/Exhibit B - Schedule of Fees Rev . 4-08-24 Page 5
BESS
TE:STLAE3, I t,j.C ,
BESS Utility Solutions Rate Schedule 2024
Services
P'10jeL'I Ma1.-i1&en1~r)1
Pr ojeL, Coutcllnatlun
Utiliiy Foreman
lk~nsi,tl Prui~s--,r1a1I (Clvft / Ser'i~y(lr ,I
UDAR/ UAV / Data l'r'OO!,~i:g a,id l!xtr ct/or,
CAD Tcet.nltlart
Ro,pm, / s1,,1,Ms / Clcrital
Adrn;fili;ir~tj\,!! SUiJpurt
D.&t a Prote.!.i~ atttl Da.(,ltlion
UtlUly LocJ,tion & Gas Triln<mlsslon StJJndby
.L-Peiwn ut1111v D~no liar, w/ GPR & CM Pl!Je toe.tor
2:l'~sl>IL utility 0~11• tibt1 w/ Multi A11 tcMn GPR
1-·Pl!.r!iOr\ Ga!. Traf1inHsson S1111tt.1 by w/t.rutl nd equiµ111t!r Potholing ~JldV~ruum Cxe1v0Uon
2.-Peiwn Utility PoU,l.lli11l1 w/ irvaeuum lJUt~
l·Pi!.f!.Oll UUllty Fo\J1<!1i11 w/hy,!Jo l'Jt:uun, lrutl 2-Pe.r!l.)r, Utility Po\ll-uli1;s w/hy,!ro ilac:u um truci.
2.-Pef!.Ofl Ullllty FoU\diJr • w/OXAirv.11cuum uue~
2-Pe.r!l.)rt Xey Hole & Surln~ Restorn t1uf1 w/ equipn1.e11t 1-Pi!.r >Qn Dun1p T11;,,:k c,ew'III'/~ uij1111ent
Tnillit Cj)f\trol
l ·Pi!.rl,(}n Tralfic Conl1ul w/arrow truck
2·Pl<IW1\ TraliicCunlrol w/ 3(11)W UUtk
1-Prm,on Fl~gger/ TC t1 elpe;
GPfl Concrete Stannlr1g ~nd Cor'l~S
1-P ... ~n Gpjl COll<J'de se.a~nl~S w/ eq'ulJ)lrll!lil
l ·Pl<IWfl GPH C~ 1cretc S<rannln.S w/ ~qult'<t\er.1 Prevartirtg Wage 1-Perwn S11viCutllnlJ & corlrt; w/ t:qulprnt!'r11
1-Pe,,..,,, saw Cutlilt,; & Cori11i; w/ ~qulpl-tlcn! Pf~v•Iling W•!l"- CCTV C""'•"'-Vldeo lrt<poction
2•Pr'.!tl.01t CCTV Pipo, lr,~p~t!lon w/ M ~ln Lll1 C, ftw!et Unlt 2-Pe.1!.6~ CCTV Pi pe t,.;p~dion v.'/Ull.erol Lio;, Push U~rll 2·Pe.rl.On H d,u Rtuhifl~ w/ hydro vacUu~t truek
Surv.iying a·nd Mapping
l·Pf!IYJ]l Survey 01!.W • GP.5 /Robotic/ JD SO!lnt,,;r
2-Pi!.t!.<>n Surv•v Oew · GP.S. / Ro.botlc / JD Stiorrno,r 2-Pf!r!.On Survey Ctcw • Mu~ile LiDAR ~nne,
2-Pi>rl.Oll Survey Oew - UAV Dar-~ Coll~Dn
IN>urly !Idle
$200.00
$150.()()
$!95.00
$2.05.()0
$BO.DO
$120.0Q
$110.00
$110.0Q
$13S.00
$195.00
$390.00
$205.00
5340..00
$317.00
$409.00
$4S7.50
$330.00
S245.00
$168.00
$267.00
$1&5.00
$200.00
S268Jl0
$160.00
$175_00
'$34.11.00
$313.00
$41)'J.OO
$203;00
$289.00
$375.00
.$298Jl0
0-4y iu,e
$ll2.00
$6l4.00
$32D.QO
SJjl)60.00 $442.00 $3,971Ul0
$2.943.00 $425.10 $3,825.90
$3,6&1.00 $S31.70 $4,785,30
$'4,117.50 }5~4.75 $5,3Sl.7.5
$l,!170.0j) $429.QO $2,9711.00
52.2(!5.00 $31.ll.50 Sl,SCifi.50
51.Sll,OO $2111.40 $1,965.6()
$2,4Q3.00 $347.10 ,$3,U,Hll)
$ 1,3QS,OO SlB!l..50 $1,696.50
$1,61l!),(I) 5260.00 $2,34Q.ob
$2,1.44,00 $34-q,40 $),US.Ill)
S"G,!!0.00 S,iO!l.<io -Sl,1172.0Q
$1,4DJ.QP sin.so $l,OO.S()
$3,096.00
$2;997.00
.$3,681.00
$447.10 $4,(124.80
$4Ji..9o Sl,1196,10
S~l.70 $4.]85.30
$1,827:0Q 5263.90 $.2,m.111
g001.oo $375.70 ~,38UO
Sl,.375.oo S4&-7.50 $4,387.50
2,682.00 $387.40 $3,486.00
Billing rates will be extended by 3% each year per category starting January 2025 David J Powers & Associates, Inc.
Design Professional Agreement with BKF Engineers/Exhibit B - Schedule of Fees Rev. 4-08-24 Page 6
$190.00
$7i!O.OO
$410.00
$544.00
$523.20
$654-.40
$732.00
$52.B.00
$~92.00
$268.80
$427.10
$2;!2..QO
$320..00
$~2.BJ!O
$2.55.00
$2&:J.00
$550.40
$532.BO
$6>4.40
$1241!0
$462.40
$600.00
$47ii.~0
CHARGE RATE SCHEDULE1
Title Hourly Rate
Senior Principal $340.00
Principal Project Manager $ 313.00
Senior Environmental Specialist $ 266.00
Senior Project Manager $ 244.00
Environmental Specialist $ 228.00
Project Manager $ 217.00
Associate Project Manager $191.00
Assistant Project Manager $160.00
Researcher $138.00
Graphic Artist $128.00
Billing rates will be extended by 3% each year per category starting January 2025 Design Professional Agreement with BKF Engineers/Exhibit B - Schedule of Fees Rev. 4-08-24 Page 7
AGREEMENT FOR DESIGN PROFESSIONAL SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
BKF ENGINEERS
FOR
THE ANNA DRIVE NEIGHBORHOOD FLOOD PROTECTION PROJECT
EXHIBIT C
INSURANCE REQUIREMENTS
Without limiting the Contractor's indemnification of the City, and prior to commencing · any of the Services required under this Agreement, the Contractor shall provide and maintain in full force and effect during the period of performance of the Agreement and for twenty-four (24) months following acceptance by the City, at its sole cost and expense, the following insurance policies from insurance companies authorized to do business in the State of California. These policies shall be primary insurance as to the City of Santa Clara so that any other coverage held by the City shall not contribute to any loss under Contractor's insurance. The minimum coverages, provisions and endorsements are as follows:
A. COMMERCIAL GENERAL LIABILITY INSURANCE
1 . Commercial General Liability Insurance policy which provides coverage at least as broad as Insurance Services Office form CG 00 01. Policy limits are subject to review, but shall in no event be less than, the following:
$1,000,000 Each Occurrence
$2,000,000 General Aggregate
$2,000,000 Products/Completed Operations Aggregate
$1,000,000 Personal Injury
2. Exact structure and layering of the coverage shall be left to the discretion of Contractor; however, any excess or umbrella policies used to meet the required limits shall be at least as broad as the underlying coverage and shall otherwise follow form.
3. The following provisions shall apply to the Commercial Liability policy as well as any umbrella policy maintained by the Contractor to comply with the insurance requirements of this Agreement:
a. Coverage shall be on a "pay on behalf" basis with defense costs payable in addition to policy limits;
b. There shall be no cross liability exclusion which precludes coverage for claims or suits by one insured against another; and Design Professional Agreement with BKF Engineers/Exhibit C-lnsurance Requirements Page 1 Rev. 02-08-22
c. Coverage shall apply separately to each insured against whom a claim is made or a suit is brought, except with respect to the limits of liability.
B. BUSINESS AUTOMOBILE LIABILITY INSURANCE
Business automobile liability insurance policy which provides coverage at least as broad as ISO form CA 00 01 with policy limits a minimum limit of not less than one million dollars ($1,000,000) each accident using, or providing coverage at least as broad as, Insurance Services Office form CA 00 01. Liability coverage shall apply to all owned {if any), non-owned and hired autos.
C. WORKERS' COMPENSATION
1. Workers' Compensation Insurance Policy as required by statute and employer's liability with limits of at least one million dollars ($1,000,000) policy limit Bodily Injury by disease, one million dollars ($1,000,000) each accident/Bodily Injury and one million dollars ($1,000,000) each employee Bodily Injury by disease.
2. The indemnification and hold harmless obligations of Contractor included in this Agreement shall not be limited in any way by any limitation on the amount or type of damage, compensation or benefit payable by or for Contractor or any subcontractor under any Workers' Compensation Act(s), Disability Benefits Act(s) or other employee benefits act(s).
3. This policy must include a Waiver of Subrogation in favor of the City of Santa Clara, its City Council, commissions, officers, employees, volunteers and agents.
D. PROFESSIONAL LIABILITY
Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against negligent acts, errors or omissions of the Contractor. Covered services as designated in the policy must specifically include work performed under this agreement. Coverage shall be in an amount of not less than one million dollars ($1,000,000) per claim or two million dollars ($2,000,000) aggregate. Any coverage containing a deductible or self-retention must first be approved in writing by the City Attorney's Office.
E. COMPLIANCE WITH REQUIREMENTS
All of the following clauses and/or endorsements, or similar provisions, must be part of each commercial general liability policy, and each umbrella or excess policy.
Design Professional Agreement with BKF Engineers/Exhibit C-lnsurance Requirements Rev. 02-08-22
1. Additional Insureds. City of Santa Clara, its City Council, commissions, officers, employees, volunteers and agents are hereby added as additional insureds in respect to liability arising out of Contractor's work for City, using Insurance Services Office (ISO) Endorsement CG 20 1 O 11 85, or the combination of CG 20 1 O 03 97 and CG 20 37 10 01, or its equivalent.
2. Primary and non-contributing. Each insurance policy,provided by Contractor shall contain language or be endorsed to contain wording making it primary insurance as respects to, and not requiring contribution from, any other insurance which the indemnities may possess, including any self-insurance or self-insured retention they may have. Any other insurance indemnities may possess shall be considered excess insurance only and shall not be called upon to contribute with Contractor's insurance.
3. Cancellation.
4. a. Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided due to non-payment of premiums shall be effective until written notice has been given to City at least ten (1 O) days prior to the effective date of such modification or cancellation. In the event of non-renewal, written notice shall be given at least ten (1 O) days prior to the effective date of non-renewal.
b. Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided for any cause save and except non-payment of premiums shall be effective until written notice has been given to City at least thirty (30) days prior to the effective date of such modification or cancellation. In the event of non-renewal, written notice shall be given at least thirty (30) days prior to the effective date of nonrenewal.
Other Endorsements. Other endorsements may be required for policies other than the commercial general liability policy if specified in the description of required insurance set forth in Sections A through E of this Exhibit C, above.
F. ADDITIONAL INSURANCE RELATED PROVISIONS
Contractor and City agree as follows:
1 . Contractor agrees to ensure that subcontractors, and any other party involved with the Services, who is brought onto or involved in the performance of the Services by Contractor, provide the same minimum insurance coverage required of Contractor, except as with respect to Design Professional Agreement with BKF Engineers/Exhibit C-lnsurance Requirements Rev. 02-08-22
limits. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Agreement. Contractor agrees that upon request by City, all agreements with, and insurance compliance documents provided by, such subcontractors and others engaged in the project will be submitted to City for review.
2. Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto.
3. The City reserves the right to withhold payments from the Contractor in the event of material noncompliance with the insurance requirements set forth in this Agreement.
G. EVIDENCE OF COVERAGE
Prior to commencement of any Services under this Agreement, Contractor, and each and every subcontractor (of every tier) shall, at its sole cost and expense, provide and maintain not less than the minimum insurance coverage with the endorsements and deductibles indicated in this Agreement. Such insurance coverage shall be maintained with insurers, and under forms of policies, satisfactory to City and as described in this Agreement. Contractor shall file with the City all certificates and endorsements for the required insurance policies for City's approval as to adequacy of the insurance protection.
H. EVIDENCE OF COMPLIANCE
Contractor or its insurance broker shall provide the required proof of insurance compliance, consisting of Insurance Services Office {ISO) endorsement forms or their equivalent and the ACORD form 25-S certificate of insurance (or its equivalent), evidencing all required coverage shall be delivered to City, or its representative as set forth below, at or prior to execution of this Agreement.
Upon City's request, Contractor shall submit to City copies of the actual insurance policies or renewals or replacements. Unless otherwise required by the terms of this Agreement, all certificates, endorsements, coverage verifications and other items required to be delivered to City pursuant to this Agreement shall be mailed to:
EBIX Inc.
City of Santa Clara Public Works Department
P.O. Box 100085 - S2 or 1 Ebix Way
Duluth, GA 30096 John's Creek, GA 30097
Design Professional Agreement with BKF Engineers/Exhibit C-lnsurance Requirements Rev. 02-08-22
Telephone number: 951-766-2280
Fax number: 770-325-0409
Email address: [email protected]
QUALIFYING INSURERS
All of the insurance companies providing insurance for Contractor shall have, and provide written proof of, an A. M. Best rating of at least A minus 6 (A- VI) or shall be an insurance company of equal financial stability that is approved by the City or its insurance compliance representatives.
Design Professional Agreement with BKF Engineers/Exhibit C-lnsurance Requirements Rev. 02-08-22
AGREEMENT FOR DESIGN PROFESSIONAL SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
BKF ENGINEERS
FOR
THE ANNA DRIVE NEIGHBORHOOD FLOOD PROTECTION PROJECT
EXHIBIT D
LABOR COMPLIANCE ADDENDUM
This Agreement is subject to the requirements of California Labor Code section 1720 et seq. requiring the payment of prevailing wages, the training of apprentices, and compliance with other applicable requirements. If applicable to the Services, Consultant or its subconsultant(s), as applicable, shall comply with the following requirements.
A. Prevailing Wage Requirements
1. Consultant shall be obligated to pay not less than the General Prevailing Wage Rate, which can be found at www.dir.ca.gov and is on file with the City Clerk's office, which shall be available to any interested party upon request. Consultant is also required to have a copy of the applicable wage determination posted and/or available at each job site.
2. Specifically, Consultants are reminded of the need for compliance with Labor Code Section 177 4-1775 (the payment of prevailing wages and documentation of such), Section 1776 (the keeping and submission of accurate certified payrolls) and 1777 .5 in the employment of apprentices on public works projects. Further, overtime must be paid for work in excess of 8 hours per day or 40 hours per week pursuant to Labor Code Section 1811- 1813.
3. Special prevailing wage rates generally apply to work performed on weekends, holidays and for certain shift work. Depending on the location of the Project and the amount of travel incurred by workers on the Project, certain travel and subsistence payments may also be required. Consultants and subconsultants are on notice that information about such special rates, holidays, premium pay, shift work and travel and subsistence requirements can be found at www.dir.ca.gov.
4. Only bona fide apprentices actively enrolled in a California Division of Apprenticeship Standards approved program may be employed on the Project as an apprentice and receive the applicable apprenticeship prevailing wage rates. Apprentices who are not properly supervised and employed in the appropriate ratio shall be paid the full journeyman wages for the classification of work performed.
Design Professional Agreement with BKF Engineers/Exhibit D-Labor Compliance Rev. 09-28-18
5. As a condition to receiving progress payments, final payment and payment of retention on any and all projects on which the payment of prevailing wages is required, Consultant agrees to present to City, along with its request for payment, all applicable and necessary certified payrolls (for itself and all applicable subconsultants) for the time period covering such payment request. The term "certified payroll" shall include all required documentation to comply with the mandates set forth in Labor Code Section 1720 et seq, as well as any additional documentation requested by the City or its designee including, but not limited to: certified payroll, fringe benefit statements and backup documentation such as monthly benefit statements, employee timecards, copies of wage statements and cancelled checks, proof of training contributions (CAC2 if applicable), and apprenticeship forms such as DAS-140 and DAS-142.
6. In addition to submitting the certified payrolls and related documentation to City, Consultant and all subconsultants shall be required to submit certified payroll and related documents electronically to the California Department of Industrial Relations. Failure to submit payrolls to the DIR when mandated by the Project parameters shall also result in the withholding of progress, retention and/or final payment.
7. No Consultant or subconsultant may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1 (a)].
8. No Consultant or subconsultant may be awarded a contract for public work on a public works project, unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. Consultants MUST be a registered "public works consultant" with the DIR AT THE TIME OF BID. Where the prime contract is less than $15,000 for maintenance work or less than $25,000 for construction alternation, demolition or repair work, registration is not required.
9. All Consultants/subconsultants and related construction Services subject to prevailing wage, including but not limited to: trucking, surveying and inspection work must be registered with the Department of Industrial Relations as a "public works consultant". Those you fail to register and maintain their status as a public works consultant shall not be permitted to perform work on the Project.
10. Should any Consultant or subconsultants not be a registered public works Consultant and perform work on the Project, Consultant agrees to fully indemnify the City for any fines assessed by the California Department of Industrial Relations against the City for such violation, including all staff costs and attorney's fee relating to such fine.
Design Professional Agreement with BKF Engineers/Exhibit D-Labor Compliance Rev. 09-28-18
11 . This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
B. Audit Rights
All records or documents required to be kept pursuant to this Agreement to verify compliance with this Addendum shall be made available for audit at no cost to City, at any time during regular business hours, upon written request by the City Attorney, City Auditor, City Manager, or a designated representative of any of these officers. Copies of such records or documents shall be provided to City for audit at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records or documents shall be made available at Consultant's address indicated for receipt of notices in this Agreement.
C. Enforcement
1. City shall withhold any portion of a payment; including the entire payment amount, until certified payroll forms and related documentation are properly submitted, reviewed and found to be in full compliance. In the event that certified payroll forms do not comply with the requirements of Labor Code Section 1720 et seq., City may continue to hold sufficient funds to cover estimated wages and penalties under the Agreement.
2. Based on State funding sources, this Project may be subject to special labor compliance requirements of Proposition 84.
3. The City is not obligated to make any payment due to Consultant until Consultant has performed all of its obligations under these provisions. This provision means that City can withhold all or part of a payment to Consultant until all required documentation is submitted. Any payment by the City despite Consultant's failure to fully perform its obligations under these provisions shall not be deemed to be a waiver of any other term or condition contained in this Agreement or a waiver of the right to withhold payment for any subsequent breach of this Addendum.
City or the California Department of Industrial Relations may impose penalties upon Consultants and subconsultants for failure to comply with prevailing wage requirements. These penalties are up to $200 per day per worker for each wage violation identified; $100 per day per worker for failure to provide the required paperwork and documentation requested within a 10-day window; and $25 per day per worker for any overtime violation.
Design Professional Agreement with BKF Engineers/Exhibit D-Labor Compliance Rev. 09-28-18
AGREEMENT FOR DESIGN PROFESSIONAL SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
BKF ENGINEERS
FOR
THE ANNA DRIVE NEIGHBORHOOD FLOOD PROTECTION PROJECT
EXHIBIT E
MILESTONE SCHEDULE
Descri~tion of work and task Consultant Duration
Caltrans Field Review and Preliminary Response time for each submittal shall be Environmental Study 10 working days or mutually agreed
between City and Consultant at the time of
work
Task No. 1 - Preliminary Design 60 Working Days
Task No. 2 - 65% Construction Documents 40 Working Days Task No. 3 - 95% Construction Documents 30 Working Days Packaqe
Task No. 4 - 100% Construction 30 Working Days
Documents Packaqe
Task No. 5 - Bid Documents 15 Working Days
Task No. 6 - Bid Support Assistance Per Exhibit A, Scope of Services Task No. 7 - Construction Support Per Exhibit A, Scope of Services Task No. 8 - Record Drawings and Project Per Exhibit A, Scope of Services Close-out
Design Professional Agreement with BKF Engineers/Exhibit E - Milestone Schedule Rev. 04-08-24
AGREEMENT FOR DESIGN PROFESSIONAL SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
BKF ENGINEERS
THE ANNA DRIVE NEIGHBORHOOD FLOOD PROTECTION PROJECT
EXHIBIT F
PROJECT MANAGEMENT DOCUMENTATION SOFTWARE
1.0 GENERAL
This section is intended to describe the use of e-Builder Enterprise™ (e-Builder) a web-base project management software, as the median for project documentation and reporting. All costs associated with the use of the software is inclusive of the Project Exhibit B - Schedule of Fees.
2.0 e-BUILDER PROJECT MANAGEMENT SOFTWARE PROGRAM
The City of Santa Clara is currently using e-Builder Project Management for all related project management tasks. Consultant is required to comply with all requirements specified in this Exhibit F - PROJECT MANAGEMENT DOCUMENTATON SOFTWARE.
3.0 REQUIREMENTS
A. General Requirements:
1. Consultant and Subconsultants shall provide at a minimum, the following to its staff:
a) Computer: Minimum Intel Pentium® 4 Processor 2.4 GHz or equivalent processor with 512MB of RAM; recommended Centrino Duo® Processors 1.6 GHz or equivalent with 2GB of RAM, or higher; b) Computer Operation System: Windows XP or later and OS X v10.8 or later;
c) Web Browser: Microsoft Internet Explorer 11.0 or later, Google Chrome v29.0.1 or later, Mozilla Firefox v35.0.1 or later, Safari v6.0.4 or later, Safari for iOS mobile v6.1 or later. Other browsers such as Microsoft Edge, Google Chrome for iOS, and Google Chrome for Android are available on e-Builder; however, but some features might not work as expected;
d) Work and Spreadsheet Processors: Microsoft Office Word, Excel and Outlook;
Design Professional Agreement with BKF Engineers/Exhibit F- Project Management Documentation Software Page 1
B.
C.
e) Scheduling Software: Microsoft Project or Primavera; f) Internet Service Provider: A reliable ISP in the area of the Project; g) Connection Speed/Minimum Bandwidth: DSL, ADSL or T1 Line for transferring a minimum of 3 Mbps Downstream and 512 Kbps Upstream.
2. Consultant and Subconsultants shall provide its management personnel assigned to this Project with access to personal computers and the Internet on a daily basis.
Project Web Requirements:
1 . This Project utilizes a web-based project management tool, e-Builder. This web-based application is a collaboration tool, which will allow all project team members continuous access through the Internet to important project data as well as up to the minute decision and approval status information.
2. Consultant and Subconsultants shall conduct project controls, outlined by the City, utilizing e-Builder. This designated web-based application will be provided by the City at no costs to the Consultant and the Subconsultants.
No additional software will be required. Furthermore, the City Project Manager will assist Consultant in providing training of Subconsultant's personnel.
3. Consultant and Subconsultants shall have the responsibility for visiting the Project web site on a daily basis, and as necessary to be kept fully appraised of project developments, for correspondence, assigned tasks and other matters that transpire on the site. These may include, but are not limited to: Contracts, Contract Exhibits, Contract Amendments, Drawing Issuances, Addenda, Bulletins, Permits, Insurance & Bonds, Safety Program Procedures, Safety Notices, Accident Reports, Personnel Injury Reports, Schedules, Site Logistics, Progress Reports, Daily Logs, NonConformance Notices, Quality Control Notices, Punch Lists, Meeting Minutes, Requests for Information, Submittal Packages, Substitution Requests, Monthly Payment Request Applications, Supplemental Instructions, Construction Change Directives, Potential Change Orders, Change Order Requests, Change Orders, etc. All supporting data including, but not limited to, shop drawings, product data sheets, manufacturer data sheets and instructions, method statements, safety MSDS sheets, Substitution Requests, Submittals, etc. and the like will be submitted in digital format via e-Builder.
Electronic File Requirements:
1 . In addition to the standard closeout submittal requirements detailed elsewhere in the Contract Documents, the Consultant and Subconsultants Design Professional Agreement with BKF Engineers/Exhibit F- Project Management Documentation Software Page 2
shall also submit all closeout documents including all "As-Built Drawings", catalog cuts, and Owner's Operation and Maintenance manuals in digital format. All documents (including as-built drawings) shall be converted or scanned into the Portable Document Format (PDF) file and uploaded toeBuilder.
4.0 IMPLEMENTATION REQUIREMENTS
A. e-Builder is a comprehensive Project and Program Management system that will be implemented for managing documents, communications, and costs between the Contractor, Sub-contractors, Consultant, SubConsultants, and Owner. e-Builder includes extensive reporting capabilities to facilitate detailed.
B. Project reporting in a web-based environment that is accessible to all parties and easy to use.
C. Central Document Vault: e-Builder system includes a central database that maintains all project information and manages project communications amongst team members.
D. Communication/Correspondence: e-Builder provides electronic routable communication forms that provide historical tracking, documentation, and increased accountability of project members.
E. Project Calendars: Meetings will be scheduled and maintained centrally on e-Builder by the City.
F. Reporting: All of the project and program data including documents, communications, and costs are accessible through integrated online reports. These reporting tools are completely configurable by each user. All reports can be exported to Excel for added flexibility.
Design Professional Agreement with BKF Engineers/Exhibit F- Project Management Documentation Software Page 3
Real time, updated
ched.ule Information
/llltomated communications
(e.g., c•mail notificolians of changes
In scl,ed11/e, doo1me11tf;wof!dlow/
Program Management
Schedule5
Cost
Work!l<)l'I (lrar1s1r1l1ti1ls, submlttals,
11Fls, chan9e orders)
Real time, updated
cosV~\ldgel 1n[ortnatlon
AUromated noti(icarions
of project changes /schedule,
work(/ow, cosr, m//es1011 es,.othe1)
Executives
Consultants, Architects,
Englneeu, Contractor$ Facilitles Management
5.0 LICENSING REQUIREMENT
A. · User Licenses: Each user license is for access to the site consisting of unlimited data storage. Users can be direct employees of the Consultant as well as its Subconsultants and/or Suppliers.
B. Each user license includes full access to e-Builder, including all of the documents and reports mentioned above. Furthermore, each user license provides the e-Builder software as a service (SaS) including:
1. All hosting, operation, maintenance, and data backup of the eBuilder software and documents which are maintained in state-ofthe-art data centers located throughout the United States.
2. Quarterly e-Builder software enhancements.
3. Unlimited phone, email, and web-based support 24-hours.
C. e-Builder user licenses shall be obtained by the City, Owner Manager, and QA/QC Agencies for which the Design Consultant is not responsible.
Design Professional Agreement with BKF Engineers/Exhibit F- Project Management Documentation Software Page 4
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
24-352 Agenda Date: 6/4/2024
REPORT TO COUNCIL
SUBJECT
Action on Agreements with the County of Santa Clara for the Countywide AB 939 Implementation Fee and Countywide Household Hazardous Waste Collection Program
COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure; Sustainability
BACKGROUND
In 1989, Assembly Bill (AB) 939 was passed, which required jurisdictions to develop plans to implement source reduction, recycling, composting, public education, and household hazardous waste (HHW) programs to achieve 50 percent waste diversion by the year 2000. Known as the California Integrated Solid Waste Management Act of 1989, AB 939 provided local fee authority to cities and counties to impose fees to fund the development and implementation of waste diversion activities. The jurisdictions in Santa Clara County developed and approved the Countywide AB 939 Implementation Fee in 1992 to help fund waste reduction efforts.
The Countywide AB 939 Implementation Fee agreement imposes a $4.10 per ton fee on each ton of waste generated within the County that is destined for disposal in a landfill. Landfills are required by the state to allocate all disposal tonnage to specific jurisdictions. All disposal facilities located within the County and solid waste haulers that transport waste outside of the County for landfill disposal are required to pay the AB 939 Implementation Fee on each ton of waste.
The $4.10 per ton AB 939 Implementation Fee is composed of a Program Fee of $1.50 per ton and a HHW Fee of $2.60 per ton. The County of Santa Clara collects and distributes the AB 939 Implementation Fee on behalf of all jurisdictions. The Program Fee revenues are distributed to the City on a quarterly basis and reduce the City programs cost element of the residential recycling rate charged to all residential customers. This agreement has been renewed upon each successive expiration. The current agreement, effective July 1, 2021 through June 30, 2024, was approved by Council on May 25, 2021.
The County of Santa Clara retains the revenue generated by the HHW Fee to fund the City’s participation in the Countywide Household Hazardous Waste Program (CoHHWP). The CoHHWP provides HHW drop-off services and collects abandoned hazardous waste during the annual Cleanup Campaign under the agreement for the Countywide Household Hazardous Waste Collection Program. City Council originally authorized this agreement in 2002 and has renewed it upon each successive expiration. The current agreement approved by Council on May 25, 2021 is effective July 1, 2021 through June 30, 2024.
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24-352 Agenda Date: 6/4/2024
DISCUSSION
Countywide AB 939 Implementation Fee Agreement
The Santa Clara County Board of Supervisors approved reimposing the AB 939 Implementation Fee at $4.10 per ton of waste disposed, effective July 1, 2024 through June 30, 2027. The successor AB 939 Implementation Fee agreement (Attachment 1) authorizes the County of Santa Clara to continue to collect and distribute a landfill disposal fee that is imposed on each ton of waste generated in the County on behalf of the City. The AB 939 Implementation Fee will remain flat, with the Program Fee and HHW Fee components remaining at $1.50 and $2.60 per ton, respectively.
The $1.50 per ton Program Fee component of the AB 939 Implementation Fee is distributed by the County to the City on a quarterly basis to help fund the weekly curbside residential recycling program, which qualifies as an AB 939 landfill diversion program. The Program Fee revenues are projected to generate approximately $171,000 in FY 2024/25. This revenue is applied to the City programs cost element of the residential recycling rate charged to all residential customers. In order to continue to receive the AB 939 Implementation Fee revenues the City must approve the agreement.
Countywide Household Hazardous Waste Collection Program Agreement Under the Countywide Household Hazardous Waste Collection Program Agreement, the CoHHWP provides residents several opportunities throughout the year to properly dispose of hazardous waste.
Multiple convenient disposal opportunities reduce the potential for improper disposal and illegal dumping of hazardous waste. Santa Clara residents can use any of the CoHHWP scheduled drop-off events to dispose of their hazardous waste at no charge. Each year the CoHHWP typically schedules three temporary collection events at the City’s Public Works Corporation Yard (January, April and September). The permanent collection sites in San Jose and San Martin continue to schedule dropoff appointments and have added additional days of operation to accommodate appointment requests.
Participation in the CoHHWP is funded by the $2.60 per ton HHW Fee component of the AB 939 Implementation Fee, which is projected to generate $296,000. All participating public agencies must agree to provide service for a minimum of 4 percent of their respective households in the baseline agreement. The baseline 4 percent participation for the City of Santa Clara is 2,135 households. The City must agree to augment funding for additional households to continue to use the program at the variable cost per household, which is projected to be $66.02 per participant.
The successor three-year term Countywide Household Hazardous Waste agreement (Attachment 2) provides for the augmentation of $237,003 in fiscal year 2024/25 to enable approximately 3,669 households to utilize the HHW services, if needed. Amendments to the agreement will need to be processed for each of the subsequent fiscal years to augment funds beyond the baseline 4 percent participation.
The County will retain all revenues generated by the HHW component of the AB 939 Implementation Fee. At the end of each fiscal year, the County prepares a final report that details the City’s disposal tonnage, HHW fees collected, participation, revised variable cost per car that reflects actual expenditures, and calculation of the cost to provide services. The cost to provide service is anticipated to be greater than the revenues generated by the HHW fees collected. The County will invoice the City for the difference, which will be paid out of the Solid Waste Fund operating budget.
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24-352 Agenda Date: 6/4/2024
Landfill disposal tonnage has declined in recent years with the implementation of organics recycling.
The $2.60 HHW Fee is estimated to generate approximately $296,000 in FY 2024/25 based on 114,000 tons disposed, compared to $417,000 based on 160,000 tons disposed before organics recycling programs were implemented. Additionally, CoHHWP costs have risen to cover permanent facility lease payments, labor and transportation costs paid to contractors, and to establish a HHW hotline to make appointments because the San Jose State’s Center for the Development of Recycling (CDR), which utilized volunteer interns, is discontinuing its hotlines services in FY 2024/25.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(a) as it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.
FISCAL IMPACT
The AB 939 Implementation Fee is projected to generate approximately $467,000 of revenue in fiscal year 2024/25. The $1.50 per ton Program Fee component is projected to generate $171,000 and the $2.60 per ton HHW Fee component is projected to generate $296,000. The Program Fee revenue collected and distributed by the County will be allocated to the City’s Solid Waste Fund to reduce the residential recycling program monthly rate charged to customers. The County will retain the HHW Fee to fund the City’s participation in the CoHHWP. The City funding of $237,003 to enable 3,669 households to utilize the HHW services was incorporated into the resource and production budget in the Solid Waste Fund operating budget in the FY 2024/25 and FY 2025/26 Proposed Biennial Capital Budget.
COORDINATION
This report has been coordinated with the Finance Department and City Attorney’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]> or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
1. Approve and Authorize the City Manager to execute the Agreement for Countywide AB 939 Implementation Fee to collect and distribute the AB 939 Implementation Fee over the three-year term of the agreement, in a final form approved by the City Attorney;
2. Approve and authorize the City Manager to execute the Agreement for Countywide Household Hazardous Waste Collection Program with the County of Santa Clara to enable residents to participate in the Countywide Household Hazardous Waste Collection Program for a three-year term, in a final form approved by the City Attorney;
3. Authorize the City Manager to execute future amendments to the Agreement for Countywide Household Hazardous Collection Program with the County of Santa Clara to adjust the annual augmentation over the baseline 4 percent participation level, in final forms approved by the City Attorney; and
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24-352 Agenda Date: 6/4/2024
4. Authorize the City Manager to execute future license agreements with the County of Santa Clara that enable drop-off events to be conducted on the Public Works Corporation Yard premises, in final forms approved by the City Attorney.
Reviewed by: Craig Mobeck, Director of Public Works
Approved by: Jovan D. Grogan, City Manager
ATTACHMENTS
1. Agreement for the Countywide AB 939 Implementation Fee
2. Agreement for the Countywide Household Hazardous Waste Collection Program City of Santa Clara Page 4 of 4 Printed on 5/31/2024
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Agreement for Countywide AB939
Implementation Fee FYs 2025 - 2027
AGREEMENT FOR COUNTYWIDE
AB939 IMPLEMENTATION FEE
This Agreement is made by and among the Cities and Towns of Campbell, Cupertino, Gilroy, Los Altos, Los Altos Hills, Los Gatos, Milpitas, Morgan Hill, Monte Sereno, Mountain View, Palo Alto, San José, Santa Clara, Saratoga, and Sunnyvale (CITIES) and the County of Santa Clara (COUNTY) on the _________ day of ____________ 2024. The term CITIES may refer to CITIES collectively or individually.
RECITALS
WHEREAS, pursuant to Public Resources Code Section 41901, a city, county, or city and county may impose fees in amounts sufficient to pay the costs of preparing, adopting, and implementing a countywide integrated waste management plan; WHEREAS, State law, Public Resource Code Section 41750, requires that the countywide integrated waste management plans contain a household hazardous waste (“HHW”) element for each city within the county as well as for the unincorporated area of the county; WHEREAS, the Board of Supervisors of the County of Santa Clara (“Board”) has imposed a Countywide AB939 Implementation Fee (“Fee”) since July 1, 1992 to pay for the costs of preparing, adopting, and implementing integrated waste management plans and programs, including HHW program elements;
WHEREAS, the Board has approved reimposing the Fee for Fiscal Years 2025, 2026, and 2027 (July 1, 2024 through June 30, 2027) at $4.10 per ton of waste landfilled or incinerated in the County; received at any nondisposal or collection facility located within the County and subsequently transported for disposal or incineration outside of the County; collected from any location within the County by a solid waste hauler operating pursuant to a franchise, contract, license, or permit issued by any local jurisdiction and subsequently transported for disposal or incineration outside of the County; and removed from any location in the County by any person or business for disposal or incineration outside the County; WHEREAS, HHW programs provide household hazardous waste management services to residents of Santa Clara County and are necessary to meet HHW planning and management requirements under State law;
WHEREAS, jurisdictions in Santa Clara County desire to provide safe, convenient, and economical means for residents to properly dispose of household hazardous wastes in an environmentally safe manner in order to avoid unauthorized or improper disposal in the garbage, sanitary sewer, storm drain system, or on the ground or in any other manner which creates a health or environmental hazard. These wastes include, but are not limited to, common household products such as household cleaning products, spot remover, furniture polish, solvents, oven cleaner, pesticides, oil based paints, motor oil, antifreeze, fluorescent lamps, and batteries; and Agreement for Countywide AB939
Implementation Fee FYs 2025 - 2027
WHEREAS, the County will collect the Fee on behalf of the fifteen cities and for the unincorporated area of the County and will apportion the Fee according to the terms of this Agreement.
NOW THEREFORE, CITIES and COUNTY AGREE AS FOLLOWS:
1. PURPOSE
The purpose of this Agreement is to state the terms and conditions under which the COUNTY will collect and distribute the Fee of $4.10 per ton of waste to be disposed in Fiscal Years 2025, 2026 and 2027. The Fee is divided into two parts: 1) a Program Fee of $1.50 per ton to assist in funding the costs of preparing, adopting, and implementing the integrated waste management plan in the fifteen cities and the unincorporated area of the County; and 2) a Household Hazardous Waste Fee of $2.60 per ton to provide funding to implement the Countywide HHW Program. The Program Fee will be allocated among the CITIES and COUNTY as described in Exhibit B, attached hereto and incorporated herein. The HHW Fee will be allocated to the COUNTY, CITIES, and Countywide HHW Program as described in Exhibit C, attached hereto and incorporated herein. The Fee shall be imposed on each ton of waste landfilled or incinerated within the County; received at any non-disposal or collection facility located within the County and subsequently transported for disposal or incineration outside of the County; collected from any location within the County by a solid waste hauler operating pursuant to a franchise, contract, license, or permit issued by any local jurisdiction and subsequently transported for disposal or incineration outside of the County; or removed from any location in the County by any person or business for disposal or incineration outside the County.
Non-Disposal Facilities are defined as those facilities included in the County of Santa Clara NonDisposal Facility Element (and subsequent amendments to that Element) and are listed in Exhibit A, attached hereto and incorporated herein.
2. SERVICES PROVIDED BY COUNTY
COUNTY will collect and distribute the Fee. COUNTY will collect the Fee from landfills and non-disposal facilities listed in Exhibit A, and any landfill or non-disposal facility subsequently permitted, on a quarterly basis using data from tonnage reports filed by landfill and non-disposal facility operators with the County Recycling and Waste Reduction Division.
COUNTY shall require each landfill and non-disposal facility to submit required payment, documentation of tonnages disposed, and state-mandated Disposal Reporting System Reports on a quarterly basis, within 45 days of the end of each calendar quarter. Late submissions and/or payments shall be subject to a late filing penalty and delinquent penalties. COUNTY will research Santa Clara County tonnage reported to COUNTY by landfills outside the COUNTY in significant amounts to determine the identity of the hauler. That hauler will subsequently be billed in the same fashion subject to the same penalties as mentioned above. Collected funds and any late filing payments and delinquency penalties shall be distributed to CITIES and Countywide HHW Program based on the formula set forth in Exhibits B and C. COUNTY shall not be obligated to distribute funds that COUNTY has been unable to collect from landfill or non-disposal facility operators.
Agreement for Countywide AB939
Implementation Fee FYs 2025 - 2027
/ /
3. ROLE OF CITIES
CITIES shall review the Disposal Reporting System Reports as prepared and submitted by the COUNTY and within 30 days of receipt shall report to COUNTY, with appropriate documentation, errors in waste allocations among jurisdictions.
4. COLLECTION AND USE OF FEE
Each ton of waste will be subject to the fee if it is landfilled or incinerated in the County; received at any non-disposal facility or collection facility in the County and subsequently transported for disposal or incineration outside the County; collected from any location within the County by a solid waste hauler operating under franchise, contract, license, or permit issued by a local jurisdiction and subsequently transported for disposal or incineration outside the County; or removed from any location in the County by any person or business for disposal or incineration outside the County. Best efforts will be made to prevent tonnage from being assessed a double fee (for instance, once at a non-disposal facility and again at a landfill within Santa Clara County). The Program Fee funding share paid to CITIES shall be used to assist in funding the CITIES’ costs of preparing, adopting, and implementing the integrated waste management plan of each of the CITIES and the unincorporated area of the COUNTY. The HHW Fee portion shall be applied to fund the costs of CITIES’ share of Countywide Household Hazardous Waste services; any HHW fees directly disbursed to CITIES as provided in this Agreement shall be used to fund the costs of preparing, adopting, and implementing the jurisdiction’s HHW element of the Countywide integrated waste management plan, including providing HHW services to residents.
5. INSURANCE
Each party shall maintain its own insurance coverage, through third party insurance, selfinsurance or a combination thereof, against any claim, expense, cost, damage or liability arising out of the performance of its responsibilities pursuant to this Agreement. CITIES agree to provide evidence of such insurance to COUNTY via Certificate of Insurance or other documentation acceptable to the COUNTY upon request.
6. INDEMNIFICATION
In lieu of and not withstanding the pro rata risk allocation which might otherwise be imposed between CITIES and COUNTY pursuant to Government Code Section 895.6, the parties agree that all losses or liabilities incurred by a party shall not be shared pro rata but instead the parties agree that each of the parties hereto shall fully indemnify and hold each of the other parties harmless from any claim, expense or cost, damage or liability arising out of, or in connection with, performance of its responsibilities pursuant to this Agreement and as described in Exhibit D.
Agreement for Countywide AB939
Implementation Fee FYs 2025 - 2027
Additionally, CITIES shall indemnify, hold harmless, and defend COUNTY, its officers, agents, and employees with respect to any loss, damage, liability, cost or expenses, including attorney fees and court costs, arising from any misuse of the Fee distributed to CITIES.
COUNTY shall indemnify, hold harmless, and defend CITIES, its officers, agents, and employees with respect to any loss, damage, liability, cost or expenses, including attorney fees and court costs, brought by third parties based on COUNTY’s sole negligence in the collection or distribution of said Fees.
7. DISTRIBUTION OF FEE
COUNTY shall distribute the AB939 Program Fee to CITIES and the HHW Program Fee to the Countywide HHW Program pursuant to the formulas described in Exhibits B and C within 45 days of receipt of landfill and non-disposal facility payments and disposal documentation required for calculation of Fee distribution amounts. Distributions shall begin December 15, 2024, and continue quarterly through October 15, 2027.
8. PARTICIPATION IN THE COUNTYWIDE HHW PROGRAM
CITIES, at their option, may individually participate in the Countywide HHW Program by entering into the AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM.
9. LATE PAYMENTS
If Fee payments and disposal documentation are not received from landfill or nondisposal facility operators prior to scheduled distribution of payments to CITIES and the Countywide HHW Program, payment distribution shall be calculated on a pro rata share of monies received. Upon collection, late payments and accrued delinquent penalties, if any, shall be distributed among CITIES and the Countywide HHW Program according to the formula in Exhibits B and C.
10. ACCOUNTING
COUNTY shall maintain records of all transactions related to collection, use and distribution of the Fee for at least five (5) years after the termination date of this Agreement, unless otherwise required by law to retain such records for a longer period. Such records will be available for inspection upon written request by CITIES, and will include but not be limited to tonnage reports submitted by landfills and non-disposal facilities, waste stream documentation provided by cities, payments made by the landfills and non-disposal facilities to the COUNTY and by the COUNTY to CITIES, and expenditures for programmatic and overhead costs.
11. REQUEST FOR REVIEW
In the event CITIES have a dispute regarding the calculation of its share of the Fee or the distribution or use of the Fee, CITIES may request in writing a review by COUNTY within 10 Agreement for Countywide AB939
Implementation Fee FYs 2025 - 2027
days of receipt of their Fee allocation. The review shall be performed within 30 days of request and results shall be reported to CITIES in writing.
/ /
/ /
12. EFFECTIVE DATE OF AGREEMENT
This agreement is effective upon approval by all fifteen CITIES and the COUNTY.
13. AMENDMENT
This Agreement may be amended only by an instrument signed by all fifteen CITIES and the COUNTY.
14. INDEPENDENT CONTRACTOR
Each party shall perform responsibilities and activities described herein as an independent contractor and not as an officer, agent, servant or employee of any of the parties hereto. Each party shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors, if any. Nothing herein shall be considered as creating a partnership or joint venture between the parties.
15. TERM OF AGREEMENT
The term of this Agreement shall be from July 1, 2024 to June 30, 2027, or until all funds from the last quarter’s Fee payments have been distributed, whichever is later. COUNTY shall bill the operators of the landfills and non-disposal facilities listed in Exhibit A for the Fee commencing with the Quarter ending September 30, 2024. Said landfills and non-disposal facilities will be billed for the Fee through June 30, 2027.
16. NOTICES
All notices required by this Agreement will be deemed given when in writing and delivered personally or deposited in the United States mail, postage prepaid, return receipt requested, addressed to the other party at the address set forth below or at such address as the party may designate in writing in accordance with this section.
City of Santa Clara
Contact: Dave Staub
Title: Deputy Public Works Director
Address: 1700 Walsh Avenue; Santa Clara, CA 95050
County of Santa Clara
Agreement for Countywide AB939
Implementation Fee FYs 2025 - 2027
Contact: Recycling and Waste Reduction Program Manager
Program: Integrated Waste Management Services
Address: 1553 Berger Drive, Building 1
San José, CA 95112
/ /
/ /
17. CONTROLLING LAW
This Agreement shall be governed and construed in accordance with the laws of the State of California.
18. ENTIRE AGREEMENT
This document embodies the entire Agreement between the parties with respect to the subject matter hereof. No modification of this Agreement shall be effective unless and until modification is evidenced by writing signed by all parties or their assigned designees.
19. COUNTERPARTS
This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument.
20. CONTRACT EXECUTION
Unless otherwise prohibited by law or County policy, the parties agree that an electronic copy of a signed contract, or an electronically signed contract, has the same force and legal effect as a contract executed with an original ink signature. The term “electronic copy of a signed contract” refers to a transmission by facsimile, electronic mail, or other electronic means of a copy of an original signed contract in a portable document format. The term “electronically signed contract” means a contract that is executed by applying an electronic signature using technology approved by the County.
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Agreement for Countywide AB939
Implementation Fee FYs 2025 - 2027
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IN WITNESS WHEREOF, the parties have executed this AGENCY AGREEMENT FOR COUNTYWIDE AB939 IMPLEMENTATION FEE on the dates as stated below:
Date: COUNTY OF SANTA CLARA
JAMES R. WILLIAMS
County Executive
Date: CITY”
_____________________________
JŌVAN D. GROGAN
City Manager
APPROVED AS TO FORM AND LEGALITY:
Willie Nguyen
Deputy County Counsel
__________________________________
GLEN R. GOOGINS
City Attorney
Agreement for Countywide AB939
Implementation Fee FYs 2025 - 2027
EXHIBIT A
LANDFILLS LOCATED IN SANTA CLARA COUNTY
Guadalupe Rubbish Disposal Site
Kirby Canyon Sanitary Landfill
Newby Island Sanitary Landfill
Pacheco Pass Sanitary Landfill
Palo Alto Refuse Disposal Area
Zanker Materials Processing Facility
Zanker Road Landfill
NON-DISPOSAL FACILTIES AND TRANSFER STATIONS LOCATED IN
SANTA CLARA COUNTY
Butterick Enterprises Recyclery
California Waste Solutions Recycling & Transfer Station City of Palo Alto Green Composting Facility
ComCare Farms Composting Facility
Environmental Management Systems Facility
Green Waste Recovery Facility
Mission Trail Waste Systems, Inc.
Newby Island Compost Facility
Pacheco Pass Landfill Composting Facility
Pacific Coast Recycling, Inc.
Premier Recycling Facility
The Recyclery at Newby Island
San Martin Transfer Station
Sunnyvale Materials Recovery and Transfer Station (SMaRT Station) Z-Best Composting Facility
Zanker Materials Processing Facility
Agreement for Countywide AB939
Implementation Fee FYs 2025 - 2027
EXHIBIT B
FORMULA FOR DISTRIBUTION OF AB939 PROGRAM FEE
Each of the CITIES, and the COUNTY for its unincorporated area, will receive $1.50 per ton of solid waste disposed of in landfills or taken to non-disposal facilities located in Santa Clara County that originates from that jurisdiction, as documented in quarterly reports submitted by the County to the State Disposal Reporting System.
Fees collected from undocumented disposed tonnage, or tonnage originating outside of Santa Clara County, will be distributed according to each jurisdiction’s percent of countywide population, according to the latest available population report issued by the California Department of Finance.
Agreement for Countywide AB939
Implementation Fee FYs 2025 - 2027
EXHIBIT C
COUNTYWIDE HOUSEHOLD HAZARDOUS
WASTE PROGRAM FEE (HHW Fee)
1. PROGRAM FUNDING SOURCE
HHW Program services are mandated by State law, Public Resources Code Section 41500 et seq. Public Resources Code Section 41901 authorizes imposition of a fee to support planning and implementation of integrated waste management programs, including their HHW elements. The HHW Fee, of $2.60 per ton, collected as part of the AB939 Implementation Fee, will be the primary source of funding for Countywide Household Hazardous Waste Collection Program (CoHHW Program) services.
Funds derived from the HHW Fee will be allocated among five types of CoHHW Program service costs as follows:
A. Fixed Program Costs will be apportioned based on the number of households in each participating jurisdiction. The number of households will be determined at the beginning of each Fiscal Year by statistics compiled by the California Department of Finance, Demographic Research Unit from their most recent Report, “Population Estimates for California Cities and Counties.”
B. San José Facility Use Surcharge will be apportioned based on CITIES’ anticipated participation at the County Household Hazardous Waste Collection Facility located at 1608 Las Plumas Avenue, San José.
C. Variable Cost Per Car is the cost associated with labor, waste disposal, transportation, and other services provided to residents at the County HHW Collection Facilities and at temporary HHW collection events. The Variable Cost Per Car is based on the estimated cost of providing a base level service to 4% of households in all participating jurisdictions. The number of households will be determined at the beginning of each Fiscal Year by statistics compiled by the California Department of Finance, Demographic Research Unit from their most recent Report, “Population Estimates for California Cities and Counties.”
D. Available Discretionary Funding is allocated based on tonnage generated per participating jurisdiction, and after allocation of Fixed Program Costs, San José Facility Use Surcharge, and Variable Cost Per Car allocation.
E. Abandoned Waste Disposal Costs will fund disposal of HHW illegally abandoned at Nonprofit Charitable Reuser organizations as defined in Public Resources Code Section 41904.
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Agreement for Countywide AB939
Implementation Fee FYs 2025 - 2027
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2. FIXED PROGRAM COST
Funds shall be allocated on a per household basis for Fixed Program Costs at the conclusion of each Fiscal Year. This portion of the funds shall be distributed directly to the Countywide HHW Program to pay for HHW Program costs. Fixed Program Costs funding shall be calculated shall not exceed $5.07 per household in Fiscal Years 2025, 2026, and 2027. Fixed Program Costs may include, but are not limited to, eleven (11) CoHHW Program staff members, facility leasing costs, vehicle lease costs, office rent, office supplies, county administrative overhead, county legal counsel, training costs, equipment and facility maintenance, and union negotiated salary and benefit changes.
3. ABANDONED WASTE DISPOSAL COST
The Abandoned Waste Disposal Cost will fund disposal of HHW illegally abandoned at Nonprofit Charitable Reuser organizations. The Abandoned Waste Disposal Cost is based on the cost to the County to dispose of abandoned waste allocated among participating jurisdictions based on their proportional share of the County population and shall not exceed $0.05 per household. Projected Abandoned Waste Disposal Costs to the CITY based on a charge of $.05 per household are set forth in Attachment A, attached hereto and incorporated herein.
Any existing unexpended non-profit abandoned waste fund balance may be allocated toward funding of disposal of HHW illegally abandoned at nonprofit charitable reuser organizations as defined in Public Resources Code Section 41904.
For the purposes of this agreement, a nonprofit charitable reuse organization has the definition provided in Public Resources Code Section 41904 as follows: “Nonprofit charitable reuser” means a charitable organization, as defined in Section 501(c)(3) of the federal Internal Revenue Code, or a distinct operating unit or division of the charitable organization, that reuses and recycles donated goods or materials and receives more than 50 percent of its revenues from the handling and sale of those donated goods or materials.
4. SAN JOSÉ FACILITY USE SURCHARGE
The total San José Facility Use Surcharge for CITY will be based on CITY residents’ proportional participation at the County Household Hazardous Waste Collection Facility located at 1608 Las Plumas Avenue, San José. The San José Facility Use Surcharge will vary depending on facility usage but will not exceed $8.09 per car for Fiscal Years 2025, 2026, and 2027. The total San José Facility Use Surcharge for CITY will be based on CITY’s participation at the County Household Hazardous Waste Collection Facility located at 1608 Las Plumas Avenue, San José.
5. VARIABLE COST PER CAR
The Variable Cost Per Car is the cost associated with actual labor, waste disposal, transportation and other services provided to the residents at the County HHW Collection Agreement for Countywide AB939
Implementation Fee FYs 2025 - 2027
Facilities and Temporary Events. This portion of the funds shall be distributed directly to the Countywide HHW Program. The Variable Cost Per Car is estimated to be $66.02 per car for Fiscal Years 2025, 2026, and 2027. The estimated cost per car will be adjusted annually to reflect actual service costs. After fixed costs and San José Facility Use Surcharge are allocated on a per household basis, the variable cost per car will be used to calculate the costs to service 4% of households across all participating jurisdictions. If the level of 4% of households is not reached, the Countywide HHW Program will use the remaining balance of funds, in cooperation with the CITIES, to increase public outreach and/or provide additional services in that jurisdiction where the level of 4% is not reached the following year.
6. AVAILABLE DISCRETIONARY FUNDING
The Available Discretionary Funding portion will be allocated based on the tons of waste generated within each jurisdiction and after allocation of Fixed Program Cost, San José Facility Use Surcharge, and Variable Per Car Cost. Available Discretionary Funds must be used for HHW purposes. Options for how to spend these funds include, but are not limited to, increasing the number of residents served in the jurisdiction by the Countywide HHW Program, universal waste collection, emergency HHW services, funding HHW public education, the support of capital infrastructure projects to accommodate HHW drop-off and collection events, or providing special programs such as retail collection of certain waste and/or door-to-door collection of HHW for the elderly and/or persons with disabilities and neighborhood clean-up events. CITIES authorize the COUNTY to determine appropriate uses of available discretionary funding and to use CITIES’ Available Discretionary Funding portion of the AB939 HHW Fee to provide for additional HHW services requested by the CITIES.
7. PROGRAM FUNDING PASS-THROUGH
Annual funding calculations include HHW Fees collected on behalf of all jurisdictions in the County. CITIES, at their option, may participate in the Countywide HHW Program by entering into the AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM. If CITIES elect to participate in the Countywide HHW Program, their pro-rata share of the HHW Fee shall be retained by the County to utilize for HHW Program costs, as provided in this Agreement and the Agreement for Countywide Household Hazardous Waste Collection Program. The COUNTY will distribute to CITIES not participating in the Countywide Household Hazardous Waste Collection Program their pro-rata share of funding received by the COUNTY from the HHW Fee, except that the COUNTY may retain and expend that portion of the non-participating CITIES’ fee attributable to Abandoned Waste Disposal Costs.
If CITIES not participating in the AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM desire to allow residents to participate in HHW Program services on an emergency basis, then services to these residents will be provided on a cost recovery basis. A charge equal to the established rates charged by the Countywide HHW Program to Conditionally Exempt Small Quantity Generators will be billed to the CITIES.
A CITIES’ representative must call the Countywide HHW Program appointment line to schedule Agreement for Countywide AB939
Implementation Fee FYs 2025 - 2027
an appointment for the resident. Liability shall be apportioned as provided in Exhibit D to this Agreement.
Agreement for Countywide AB939
Implementation Fee FYs 2025 - 2027
EXHIBIT D
SECTION 28 OF AGENCY AGREEMENT
FOR COUNTYWIDE HOUSEHOLD HAZARDOUS
WASTE COLLECTION PROGRAM
HOLD HARMLESS AND INDEMNIFICATION
In lieu of and not withstanding the pro rata risk allocation which might otherwise be imposed between CITY and COUNTY pursuant to Government Code Section 895.6, the parties agree that all losses or liabilities incurred by a party shall not be shared pro rata but instead COUNTY and CITY agree that pursuant to Government Code Section 895.4, each of the parties hereto shall fully indemnify and hold each of the other parties, their officers, board members, employees and agents, harmless from any claim, expense or cost, damage or liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying party, its officers, employees or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to such party under this Agreement. No party, nor any officer, board member, employee or agent thereof shall be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of the other parties hereto, their officers, board members, employees or agents, under or in connection with or arising out of any work authority or jurisdiction delegated to such other parties under this Agreement.
Additionally, CITY shall indemnify COUNTY for CITY’s apportioned share of any liability incurred and attributed to the Countywide HHW Program for the transportation, treatment, or disposal of the household hazardous waste, once the waste has been accepted by a licensed hazardous waste hauler. Apportionment for disposal liability shall be determined by each participating jurisdiction’s pro rata proportion of household participation in the Program.
Apportionment for transportation and treatment liability shall be determined by each participating jurisdiction’s pro rata household participation at the event where the waste was generated. COUNTY will use reasonable efforts to obtain recovery from all available resources, including insurance, of any liable hauler or liable disposal facility operator. No liability shall be apportioned to CITY for transportation, treatment or disposal in any case where COUNTY has contracted for such services and has failed to require the contractor to maintain the insurance requirements set forth in Section 23 of the AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM.
CITY shall further indemnify COUNTY for CITY’s apportioned share of liability incurred and attributed to the Countywide HHW Program for the transportation, treatment or disposal of household hazardous waste at corporate sponsored events where non-county resident employees of the corporate sponsor are authorized to participate in the event. Liability for the nonresident portion of the disposal of waste shall be shared by the cities and the county as described above. The nonresident portion shall be determined by calculating the percentage of nonresidents participating in the event. This percentage will then be subtracted from the total Agreement for Countywide AB939
Implementation Fee FYs 2025 - 2027
liability for the household hazardous waste prior to assessing CITY’s apportioned share of any liability for the household hazardous waste.
COUNTY shall require Conditionally Exempt Small Quantity Generators (“CESQG”) and Nonprofit Charitable Reusers to indemnify COUNTY for, at minimum, their apportioned share of any liability incurred and attributed to the Countywide HHW Program for the transportation, treatment, or disposal of their hazardous waste, once the waste has been accepted by a licensed hazardous waste hauler. The CESQG and Nonprofit Charitable Reuser portion of the waste shall be determined by calculating the percentage, by weight, of the total household hazardous waste accepted by the CoHHW Program. This percentage will be used to calculate the portion of liability attributed to CESQGs and Nonprofit Charitable Reusers and will be subtracted from the total liability prior to assessing CITY’s apportioned share of any liability for household hazardous waste.
Agreement for Countywide AB939
Implementation Fee FYs 2025 - 2027
Agreement for Countywide Household
Hazardous Waste Collection Program Page 1 of 27
AGREEMENT FOR COUNTYWIDE
HOUSEHOLD HAZARDOUS WASTE
COLLECTION PROGRAM
This Agreement for Countywide Household Hazardous Waste Collection Program (“AGREEMENT”) is made by and between the (“CITY”) and the County of Santa Clara (“COUNTY”) on the day of 2024.
RECITALS
WHEREAS, the Board of Supervisors of the County of Santa Clara (“Board of Supervisors”) has approved a Countywide Household Hazardous Waste Collection Program whereby residents of the unincorporated areas of the Santa Clara County and cities and towns within Santa Clara County participating in the Countywide program will have an opportunity to safely dispose of household hazardous wastes (HHW), regardless of the specific location at which the collection has been scheduled; and
WHEREAS, CITY desires to provide residents with convenient opportunities to safely dispose of their HHW in order to encourage the proper disposal of toxic products, and avoid unauthorized or improper disposal in the garbage, sanitary sewer, storm drain system, or on the ground, in a manner which creates a health and/or environmental hazard; and WHEREAS, CITY desires to provide a safe, convenient, and economical means for residents to dispose of HHW. These wastes include, but are not limited to, common household products such as household cleaning products, furniture polish, solvents, oven cleaner, pesticides, oil-based paints, motor oil, antifreeze, car batteries, mercury thermostats, fluorescent lamps, household batteries, and electronic waste; and
WHEREAS, CITY desires to schedule Household Hazardous Waste Collection Events (Events) for residents for FY 2025 through FY 2027 (July 1, 2024 – June 30, 2027); and WHEREAS, CITY desires to provide household hazardous waste collection services to a minimum of 4% of the households per fiscal year in its jurisdiction; and WHEREAS, CITY desires to participate in the Countywide Household Hazardous Waste Collection Program to meet these objectives; and
WHEREAS, pursuant to Public Resources Code Section 41901, the Board of Supervisors has approved the collection of a $4.10 per ton Countywide AB939 Implementation fee, including a $2.60 per ton Household Hazardous Waste Fee (AB939 HHW Fee), for FY 2025 through FY 2027 (July 1, 2024 – June 30, 2027) on all wastes landfilled or incinerated within Santa Clara County, received at any non-disposal or collection facility located within Santa Clara County and subsequently transported for disposal or incineration outside of Santa Clara County, collected from any location within the County by a solid waste hauler operating pursuant to a franchise, contract, license, or permit issued by any local jurisdiction and subsequently Agreement for Countywide Household
Hazardous Waste Collection Program Page 2 of 27
transported for disposal or incineration outside of Santa Clara County, or removed from any location in Santa Clara County by any person or business for disposal or incineration outside the county; and
WHEREAS, the AB939 HHW Fee is allocated to the Countywide Household Hazardous Waste Program and participating jurisdictions to fund HHW program costs in accordance with the terms of the Countywide AB939 Implementation Fee Agreement; and WHEREAS, CITY desires for COUNTY to utilize CITY’s share of the AB939 HHW Fee to provide HHW services for CITY residents.
NOW THEREFORE, CITY and COUNTY AGREE AS FOLLOWS:
1. PURPOSE
The purpose of this AGREEMENT is to state the terms and conditions under which CITY will participate in the Countywide Household Hazardous Waste Collection Program (CoHHW Program) available to its residents. Participating jurisdictions are those jurisdictions that enter into this AGREEMENT with the County.
2. PROGRAM FUNDING SOURCE
HHW Program services are mandated by State law, Public Resources Code Section 41500 et seq. State law authorizes cities and counties to impose fees in amounts sufficient to support planning and implementation of integrated waste management programs, including HHW elements. The AB939 HHW Fee, of $2.60 per ton, imposed by COUNTY as part of the AB939 Implementation Fee and collected and distributed in accordance with the Agreement for Countywide AB939 Implementation Fee will be the primary source of funding for CoHHW Program services. CITY agrees that COUNTY may utilize CITY’s share of the AB939 HHW fee to provide HHW Program services in accordance with the terms and conditions of this AGREEMENT.
Funds derived from the AB939 HHW Fee will be allocated among five types of CoHHW Program service costs as follows:
A. Fixed Program Costs will be apportioned based on the number of households in each participating jurisdiction. The number of households will be determined at the beginning of each Fiscal Year by statistics compiled by the California Department of Finance, Demographic Research Unit from their most recent Report, “Population Estimates for California Cities and Counties.” B. San José Facility Use Surcharge will be apportioned based on CITY residents’ participation at the County Household Hazardous Waste Collection Facility located at 1608 Las Plumas Avenue, San José, CA 95133.
Agreement for Countywide Household
Hazardous Waste Collection Program Page 3 of 27
C. Variable Cost Per Car is the cost associated with labor, waste disposal, transportation, and other services provided to residents at the County HHW Collection Facilities and at temporary HHW collection events. The Variable Cost Per Car is based on the estimated cost of providing a base level service to 4% of households in all participating jurisdictions. The number of households will be determined at the beginning of each Fiscal Year by statistics compiled by the California Department of Finance, Demographic Research Unit from their most recent Report, “Population Estimates for California Cities and Counties.” D. Available Discretionary Funding is allocated based on tonnage generated per participating jurisdiction, and after allocation of Fixed Program Costs, San José Facility Use Surcharge, and Variable Cost Per Car allocation.
E. Abandoned Waste Disposal Costs will fund disposal of HHW illegally abandoned at Nonprofit Charitable Reuser organizations as defined in Section 41904 of California Public Resources Code.
The projected AB939 HHW Fee Allocation by jurisdiction is set out in Attachment A, attached hereto and incorporated herein.
3. FIXED PROGRAM COST
Estimated HHW Fixed Program Costs are projected in Attachment B, attached hereto and incorporated herein. Fixed Program Costs are allocated to CITY at the conclusion of each fiscal year based on CITY’s proportional share of the County population and will not exceed $5.07 per household for Fiscal Years 2025, 2026, and 2027. Fixed Program Costs may include, but are not limited to, up to eleven (11) County HHW Program staff members, facility lease costs, vehicle lease costs, office rent, office supplies, county administrative overhead, county legal counsel, training costs, equipment and facility maintenance and union negotiated salary and benefit changes.
4. ABANDONED WASTE DISPOSAL COST
The Abandoned Waste Disposal Cost will fund disposal of HHW illegally abandoned at Nonprofit Charitable Reuser organizations. The Abandoned Waste Disposal Cost is based on the cost to the County to dispose of abandoned waste allocated among participating jurisdictions based on their proportional share of the County population and shall not exceed $0.05 per household. Projected Abandoned Waste Disposal Costs to the CITY based on a charge of $0.05 per household are set forth in Attachment A, attached hereto and incorporated herein.
For the purposes of this Agreement, “Nonprofit Charitable Reuser Organization” is defined in accordance with Section 41904 of California Public Resources Code as follows: a charitable organization, as defined in Section 501(c)(3) of the federal Internal Revenue Code, or a distinct operating unit or division of the charitable organization, that reuses and recycles donated goods or materials and receives more than 50 percent of its revenues from the handling and sale of those donated goods or materials.
Agreement for Countywide Household
Hazardous Waste Collection Program Page 4 of 27
5. SAN JOSÉ FACILITY USE SURCHARGE
The total San José Facility Use Surcharge for CITY will be based on CITY residents’ proportional participation at the County Household Hazardous Waste Collection Facility located at 1608 Las Plumas Avenue, San José. Estimated San José Facility Use Surcharges are projected in Attachment A, attached hereto and incorporated herein. The San José Facility Use Surcharge will vary depending on facility usage but will not exceed $8.09 per car for Fiscal Years 2025, 2026, and 2027.
6. VARIABLE COST PER CAR
The Variable Cost Per Car is the cost associated with actual labor, waste disposal, transportation and other services provided to the residents at the County Household Hazardous Waste Collection Facilities (CoHHWCF) and at Temporary Events. The Variable Cost Per Car is estimated to be approximately $66.02 per participating resident car for Fiscal Years 2025, 2026 and 2027. The estimated cost per car will be adjusted to reflect actual service costs. After Fixed Program Costs and San José Facility Use Surcharge are allocated on a per household basis, the Variable Cost Per Car will be used to calculate the costs to service 4% of households across all participating jurisdictions. If the level of 4% of households is not reached in the CITY, the CoHHW Program may use the remaining balance of funds, in cooperation with the CITY, to increase public outreach and/or provide additional services in that jurisdiction the following year.
7. AVAILABLE DISCRETIONARY FUNDING
The Available Discretionary Funding portion of the AB939 HHW Fee will be allocated based on the tons of waste generated within each jurisdiction, and after allocation of Fixed Program Costs, San José Facility Use Surcharge, and Variable Cost Per Car allocation.
Available Discretionary Funds must be used for HHW purposes. Options for how to spend these funds include, but are not limited to, increasing the number of residents served in that jurisdiction by the CoHHW Program, subsidizing curbside used motor oil collection, electronic waste (e-waste) collection, universal waste collection, emergency HHW services, funding HHW public education, the support of capital infrastructure projects to accommodate HHW drop-off and collection events, or providing special programs such as retail collection of certain waste and/or door-to-door collection of HHW for the elderly and/or persons with disabilities and neighborhood clean-up events. COUNTY has discretion to determine appropriate uses of Available Discretionary Funding in accordance with the terms and conditions in this Agreement, and to apply the funding toward those uses.
8. ADMINISTRATION AND PAYMENT OF THE AB939 HHW FEE
The County of Santa Clara Recycling and Waste Reduction Division will administer the AB939 HHW Fee, as part of the existing online disposal reporting and payment system.
Administration and payment will be made in accordance with the Agreement for Countywide AB939 Implementation Agreement. Notwithstanding the foregoing, the COUNTY shall maintain records of the amount, use, and distribution of Fixed Program Cost expenditures for at least five (5) years after the termination date of this Agreement, unless otherwise required by law ---
Agreement for Countywide Household
Hazardous Waste Collection Program Page 5 of 27
to retain such records for a longer period. CITY may request in writing a review by COUNTY of the Fixed Program Cost records. The review shall be performed within 30 days of request and results shall be reported to participating cities in writing.
9. PROGRAM PUBLICITY
The CoHHW Program shall produce and make available to the public an HHW brochure for distribution. The brochure will be made available at various events, including but not limited to, environmental events and community fairs. The brochure may also be distributed, upon request, to cities within Santa Clara County and to Santa Clara County residents and businesses.
The CITY shall be responsible for developing and coordinating citywide awareness of the HHW Program. The CoHHW Program shall be responsible for Countywide public education for used oil recycling. CoHHW Program public awareness responsibilities shall include, but not be limited to, the following activities:
• Serving as the formal contact to the local media such as local newspapers and television news stations;
• Providing participating jurisdictions with educational materials developed for the CoHHW Program;
• Promoting oil and oil filter recycling by developing, purchasing, and distributing educational materials, media relations materials, basic art work and camera ready advertising materials for distribution countywide and for use by jurisdictions; • Representing the program through educational presentations at schools and businesses and attendance at community events such as local fairs and festivals; and • Providing participating jurisdictions opportunities to review and comment on the development of countywide outreach materials.
CITY’s public awareness responsibilities, at the sole discretion of the CITY, shall include, but not be limited to, the following activities:
• Providing a copy of HHW promotional materials to the CoHHW Program for review for accuracy and completeness, prior to publication; • Developing and distributing HHW promotion communications to residents for local and CITY newsletters, newspapers and to the electronic media; • Providing the CoHHW Program with a copy of HHW promotion materials produced by the CITY;
• Conducting and supporting outreach and publicity to attain the goal of 4% of households in the CITY participating in the CoHHW Program; and • Providing the CoHHW Program a report summarizing all outreach activities conducted by the CITY during the fiscal year. The report is due 30 days after the end of the reporting period.
10. TEMPORARY HHW EVENTS
COUNTY shall conduct Temporary HHW Events at various sites located in Santa Clara County. COUNTY shall obtain all necessary permits and licenses required for the Temporary Agreement for Countywide Household
Hazardous Waste Collection Program Page 6 of 27
HHW Events and shall provide or contract for the services of properly trained, qualified personnel and hazardous waste haulers, and shall provide or secure suitable equipment and supplies to properly receive, package, label, haul, recycle and dispose of the household hazardous wastes collected at the Temporary HHW Events.
When COUNTY conducts a Temporary HHW Event in CITY’s jurisdiction, CITY agrees to provide solid waste and recycling services at such event at no cost to the CoHHW Program to ensure the proper management of non-hazardous waste generated at the event. Any additional expenses for such event incurred beyond the agreed-upon budget shall be subject to negotiation and mutual agreement between the COUNTY and the CITY.
To increase the Community’s awareness of and participation in any Temporary HHW Event in CITY’s jurisdiction, the CITY agrees to promote, at the CITY’s sole expense, each such event to the residents at least thirty (30) days in advance before the scheduled date. The promotion may include, but is not limited to, bill inserts, door hangers, flyers, in-person outreach events, newsletters, press releases, public service announcements, social media, television public access stations, websites, etc.
11. HOUSEHOLD HAZARDOUS WASTE COLLECTION FACILITIES
COUNTY shall conduct collection operations at two County Household Hazardous Waste Collection Facilities (CoHHWCF).
The CoHHWCF are located at:
♦ San Martin, 13055 Murphy Avenue, San Martin, CA 95046 ♦ San José, 1608 Las Plumas, San José, CA 95133
The COUNTY shall obtain all necessary permits and licenses required for the CoHHWCF and shall provide or contract for services, equipment, and supplies to properly receive, package, label, haul, recycle and dispose of wastes collected.
12. RECYCLING AND DISPOSAL PROGRAM FOR VERY SMALL QUANTITY
GENERATORS
COUNTY will provide services to accept hazardous waste from Very Small Quantity Generators (VSQG) in accordance with Section 25218.3 of California Health and Safety Code, as amended from time to time. VSQG is defined in Section 25218.1(q) of California Health and Safety Code.
Eligible VSQGs include, but not limited to, small businesses, governmental entities, non-profit organizations, schools, special districts, etc. within the County so long as they meet the criteria as defined in Section 25218.1(q) of California Health and Safety Code. Eligible VSQGs will be allowed to bring their hazardous waste to CoHHWCF. These services to VSQGs located within the CITY will be provided on a cost recovery basis, which will include program administration, Agreement for Countywide Household
Hazardous Waste Collection Program Page 7 of 27
on-site collection, transportation, and disposal costs. COUNTY will assume responsibility for fee collection from participating VSQG.
The CITY may choose to pay for services for VSQG’s within the CITY and will notify the COUNTY in writing with 30-day advance notice in order to exercise this option. If the CITY exercises this option, the COUNTY will invoice the CITY for all costs associated with VSQG’s within the CITY. If CITY has available Discretionary Funding, COUNTY may use this funding to pay for VSQG costs.
13. ABANDONED HOUSEHOLD HAZARDOUS WASTE
The CoHHW Program will allow for the disposal of abandoned HHW by government agencies and qualified nonprofit charitable reusers. Abandoned HHW means HHW left at a property by an unknown party. Abandoned household hazardous waste does not include waste generated by a known organization or agency in the course of normal business operations such as, but not limited to, the assembly or manufacture of products from new or used materials or the provision of charitable services such as classroom education, meal preparation, and shelter, or the provision of services for a fee.
A) GOVERNMENT AGENCIES
Government agencies shall be charged for disposal of abandoned HHW according to the CoHHW Program’s rates for VSQGs.
B) NONPROFIT CHARITABLE REUSER
In order to qualify as a Nonprofit Charitable Reuser, the business must submit to the County Executive a request to be so designated. The County Executive shall review the request and supporting documentation and shall make a final decision on the designation. COUNTY will accept abandoned HHW from Nonprofit Charitable Reusers and will waive disposal fees on the cost of disposal of the abandoned HHW in an annual amount not to exceed funds available from the existing unexpended abandoned waste fund. Funding for disposal available to Nonprofit Charitable Reuser shall be on a first come first serve basis. Once the available fund to pay for the disposal of the abandoned HHW from Nonprofit Charitable Reusers is exhausted, disposal fees shall no longer be waived, and Nonprofit Charitable Reusers shall be charged for disposal of abandoned HHW according to the CoHHW Program’s rates for VSQGs. No additional costs shall be applied to the budget of the CITY or any other participating jurisdiction.
14. HOUSEHOLD HAZARDOUS WASTES ACCEPTED
HHW accepted by the CoHHW Program shall be limited to those materials that qualify as “Household Hazardous Waste” pursuant to Section 25218.1(d) of California Health and Safety Code, as amended from time to time. These materials include, but are not limited to, automotive fluids, automotive and other types of batteries, latex and oil paint, oil filters, garden chemicals, Agreement for Countywide Household
Hazardous Waste Collection Program Page 8 of 27
household cleaners, pool chemicals, mercury thermostats, fluorescent lamps containing mercury, household batteries, electronic waste (e-waste), and other common hazardous consumer products.
15. WASTES NOT ACCEPTED
Certain hazardous wastes shall not be accepted for collection and disposal. These include, but are not limited to, compressed gas cylinders larger than 5 gallons, radioactive materials, biohazardous waste, and explosives. Other wastes not accepted by the CoHHW Program are wastes generated as part of operating a business, including a home operated business, except that waste from VSQGs as provided for in Section 12 of this Agreement shall be accepted.
16. ADDITIONAL SERVICES UNDER THIS AGREEMENT
CITY must augment funding provided under this Agreement to cover the cost of a minimum participation level of 4% of CITY households; CITY may also elect to augment funding to provide additional services to increase CITY participation beyond the 4% minimum participation level. Additional services shall be made available upon written agreement between the CITY’s authorized representative and the County Executive Officer or designee. Additional services may include, but are not limited to, additional appointments (charged at the Variable Cost Per Car rate), door-to-door HHW collection, used oil filter collection, universal waste collection, electronic waste collection, and abandoned waste collection.
CITY agrees to augment up to an additional $_________ to the Countywide HHW Program during Fiscal Year 2025 for the purpose of attaining or increasing CITY household participation above the 4% minimum participation level at the scheduled collection dates listed in Attachment C, attached hereto and incorporated herein. Augmentation will be calculated, where applicable, at the Variable Cost Per Car rate. Other services will be charged based on a cost recovery basis. CITY authorizes the COUNTY to use CITY’S Available Discretionary Funding portion of the AB939 HHW Fee, if available, to offset the above agreed additional augmentation amount.
CITY agrees to make an interim payment to COUNTY amounting to 50 percent of the augmentation amount stated above for each fiscal year. This interim payment shall be made no later than September 30th of each fiscal year. The remaining balance of any outstanding cost shall be reconciled and paid or refunded in accordance with the terms outlined in the annual cost statement.
At the end of each fiscal year, a final annual cost statement shall be prepared by COUNTY and issued to CITY by November 30th. The annual cost statement will take into consideration costs incurred on behalf of CITY for additional services and all payments made by CITY to COUNTY. If any balance is owed to COUNTY, it will be due within 30 days following receipt of the annual cost statement. If any credit is owed to CITY, COUNTY will refund that amount to CITY within 30 days following delivery of the annual cost statement. / /
$237,003
Agreement for Countywide Household
Hazardous Waste Collection Program Page 9 of 27
17. INFORMATION AND APPOINTMENT LINE
COUNTY will operate a telephone information and appointment desk Monday through Friday, from the hours of 9:00 a.m. to 5:00 p.m, except for COUNTY-recognized holidays The information service will register residents for the Temporary HHW Events and the collections at CoHHWCF. The information service will provide information about hazardous household materials. CITY will be notified immediately if resident participation approaches a level of service that may not be supported by available funding.
18. SCHEDULING AND SITE SELECTION
COUNTY shall work with CITY to determine the date(s) of Temporary Events and collections at the CoHHWCF. CITY shall coordinate with COUNTY in locating and securing sites for Temporary HHW Events. It is recognized that some participating jurisdictions in the CoHHW Program may not have appropriate sites available. A proposed HHW schedule for Fiscal Year 2025 of Temporary Events and collections at CoHHWCF is included as Attachment C. COUNTY will schedule an adequate number of collection days to serve the 4% level of service. The COUNTY determines the adequate number of collection days by tracking attendance at each event.
19. OUTSIDE FUNDING
During the term of this Agreement, COUNTY may seek outside funding sources for services that would supplement existing HHW services such as permanent collection sites, equipment, retail take-back collection and operational funding. If outside funding is obtained, the CoHHW Program will, at COUNTY’s discretion, proceed with development of additional programs using that outside funding without drawing on CITY’s funding provided under this Agreement.
20. REGIONAL GRANT AND OIL PAYMENT PROGRAM PARTICIPATION The CITY authorizes the CoHHW Program to apply for lead agency grants, including but not limited to Used Oil Payment Program grants, from the California Department of Resources Recycling and Recovery (CalRecycle), on behalf of participating jurisdictions. The CoHHW Program will act on behalf of all participating jurisdictions, as the lead applicant and administrator. The CoHHW Program will oversee how the moneys are used and work in cooperation with CITY as to how the funds will be spent. Nothing in this section shall preclude the COUNTY or a participating jurisdiction from applying for grant funds in any case where the CoHHW Program does not apply for the grant opportunity.
21. EMERGENCY SERVICES
Participating jurisdictions, at their option, may desire to provide residents with convenient emergency opportunities to safely dispose of their HHW in the event of a disaster.
The purpose of this emergency planning for HHW is to minimize potential public health and safety impacts, as well as to minimize costs and confusion. Attachment D sets out CITY and Agreement for Countywide Household
Hazardous Waste Collection Program Page 10 of 27
COUNTY responsibilities for the collection of household hazardous wastes in response to an emergency. CITY shall make good faith efforts to provide the public with information related to the problems associated with HHW. Upon the decision to hold an emergency collection event, it is CITY’s responsibility to make a good faith effort to prepare and disseminate the necessary outreach to notify the public of an emergency collection event. An emergency collection event shall be initiated by a written request from CITY to COUNTY. Emergency collection events can be scheduled in as little as ten (10) working days of CITY’s written request or at an agreed upon date thereafter. The emergency collection plan is set out in Attachment D, Household Hazardous Waste Emergency Collection Plan.
COUNTY agrees to conduct the Emergency Collection Event at a mutually agreeable site and time. The COUNTY will obtain the necessary permit from California Department of Toxic Substances Control and will handle wastes in accordance with applicable state laws and regulations. COUNTY will bill CITY for all Emergency Collection Events on a cost recovery basis, and all payments shall be due COUNTY within 30 days following the receipt of the invoice.
22. PRIVATE SPONSORED EVENTS
COUNTY may also secure funding from corporations or agencies to conduct HHW Collection Events for corporate employees and residents of participating jurisdictions and to pay for special programs such as Universal Waste collection at retail locations. The transportation, treatment, and disposal liability for nonresident employee participation in these events shall be shared by all participating jurisdictions, including the CITY, and the COUNTY, as described in Section 26 of this Agreement. Summary information concerning these corporate sponsored events, if any, will be included in the CoHHW Program’s annual report to the participating jurisdictions.
23. INSURANCE REQUIREMENTS
Contractors who provide hazardous waste transportation, treatment, or disposal services shall have the required insurance as outlined in Attachment E, Exhibit E Insurance Requirements for Environmental Services Contract. Other contractors shall have insurance in amounts to be determined by COUNTY Insurance Manager, after consultation with CITY. COUNTY shall obtain insurance certificates from each of the contractors prior to the contractor providing service to the program naming the COUNTY as an additional insured.
24. WASTE TRACKING AND REPORTING
COUNTY will provide a mid-year report to CITY regarding participation rates from each participating jurisdiction by March 15 of each year. Mid-year and year end reports will outline the types and quantities of waste collected, the amount of waste diverted for reuse or recycling and the waste management method for each waste stream and associated costs for services.
COUNTY will prepare a report summarizing program activities which will be delivered to the participating jurisdictions no later than six months after the end of COUNTY’s fiscal year.
Agreement for Countywide Household
Hazardous Waste Collection Program Page 11 of 27
It will be assumed for cost and reporting purposes that each participating jurisdiction is contributing to the waste stream in proportion to the number of its residents who directly participate.
COUNTY shall take steps to assure that the bi-annual statements to jurisdictions reflect the funds necessary to cover costs for CITY participation in services scheduled during the next quarter.
25. PARTICIPATION REPORTING
COUNTY shall employ means necessary to verify the place of residence of all participants in the CoHHW Program.
26. HOLD HARMLESS AND INDEMNIFICATION
In lieu of and not withstanding the pro rata risk allocation which might otherwise be imposed between CITY and COUNTY pursuant to Government Code Section 895.6, the parties agree that all losses or liabilities incurred by a party shall not be shared pro rata but instead COUNTY and CITY agree that pursuant to Government Code Section 895.4, each of the parties hereto shall fully indemnify and hold each of the other parties, their officers, board members, employees and agents, harmless from any claim, expense or cost, damage or liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying party, its officers, employees or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to such party under this Agreement. No party, nor any officer, board member, employee or agent thereof shall be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of the other parties hereto, their officers, board members, employees or agents, under or in connection with or arising out of any work authority or jurisdiction delegated to such other parties under this Agreement.
Additionally, CITY shall indemnify COUNTY for CITY’s apportioned share of any liability incurred and attributed to the Countywide HHW Program for the transportation, treatment or disposal of the household hazardous waste, once the waste has been accepted by a licensed hazardous waste hauler. Apportionment for disposal liability shall be determined by each participating jurisdiction’s pro rata proportion of household participation in the Program.
Apportionment for transportation and treatment liability shall be determined by each participating jurisdiction’s pro rata household participation at the event where the waste was generated. COUNTY will use reasonable efforts to obtain recovery from all available resources, including insurance, of any liable hauler or liable disposal facility operator. No liability shall be apportioned to CITY for transportation, treatment or disposal in any case where COUNTY has contracted for such services and has failed to require the contractor to maintain the insurance requirements set forth in Section 23 above.
CITY shall further indemnify COUNTY for CITY’s apportioned share of liability incurred and attributed to the Countywide HHW Program for the transportation, treatment or disposal of household hazardous waste at corporate sponsored events where non-county resident Agreement for Countywide Household
Hazardous Waste Collection Program Page 12 of 27
employees of the corporate sponsor are authorized to participate in the event. Liability for the nonresident portion of the disposal of waste shall be shared by the participating jurisdictions and the COUNTY as described above. The nonresident portion shall be determined by calculating the percentage of nonresidents participating in the event. This percentage will then be subtracted from the total liability for the household hazardous waste prior to assessing CITY’s apportioned share of any liability for the household hazardous waste.
COUNTY shall require VSQGs and Nonprofit Charitable Reusers to indemnify COUNTY, at minimum, for their apportioned share of any liability incurred and attributed to the Countywide HHW Program for the transportation, treatment, or disposal of their hazardous waste, once the waste has been accepted by a licensed hazardous waste hauler. The VSQG and Nonprofit Charitable Reuser portion of the waste shall be determined by calculating the percentage, by weight, of the total household hazardous waste accepted by the CoHHW Program. This percentage will be used to calculate the portion of liability attributed to VSQGs and Nonprofit Charitable Reusers and will be subtracted from the total liability prior to assessing CITY’s apportioned share of any liability for household hazardous waste.
27. TERMINATION
This Agreement may be terminated by either the COUNTY or CITY upon thirty (30) days written notice given by the terminating party.
28. TERM OF AGREEMENT
The term of this Agreement shall be from July 1, 2024 to June 30, 2027, or until all revenue from the last quarter’s AB939 fee payments have expended and/or distributed, whichever is later.
29. INDEPENDENT CONTRACTOR
Each party shall perform responsibilities and activities described herein as an independent contractor and not as an officer, agent, servant or employee of any of the parties hereto. Each party shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors, if any. Nothing herein shall be considered as creating a partnership or joint venture between the parties.
30. EXECUTION BY COUNTERPART
This Agreement may be executed in any number of counterparts, each of which shall for all purposes be deemed an original and all of which shall together constitute one and the same instrument.
31. CONTROLLING LAW
This Agreement shall be governed and construed in accordance with the laws of the State of California.
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Hazardous Waste Collection Program Page 13 of 27
32. ENTIRE AGREEMENT
This document embodies the entire Agreement between the parties with respect to the subject matter hereof. No modification of this Agreement shall be effective unless and until modification is evidenced by writing signed by all parties or their assigned designates.
33. NOTICES
All notices and communications herein required shall be in writing to the other party as follows, unless expressly changed in writing:
CITY of City Representative
Representative’s Title
City Address
County of Santa Clara Director
Consumer and Environmental Protection Agency
1553 Berger Drive
San José, California 95112
34. CONTRACT EXECUTION
Unless otherwise prohibited by law or COUNTY policy, the parties agree that an electronic copy of a signed contract, or an electronically signed contract, has the same force and legal effect as a contract executed with an original ink signature. The term “electronic copy of a signed contract” refers to a transmission by facsimile, electronic mail, or other electronic means of a copy of an original signed contract in a portable document format. The term “electronically signed contract” means a contract that is executed by applying an electronic signature using technology approved by the COUNTY.
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Santa Clara Dave Staub
Deputy Public Works Director
1700 Walsh Avenue
Santa Clara, CA 95050
Agreement for Countywide Household
Hazardous Waste Collection Program Page 14 of 27
IN WITNESS WHEREOF, the parties have executed this AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM on the dates as stated below:
Date: COUNTY OF SANTA CLARA
JAMES R. WILLIAMS
County Executive
Date: “CITY”
APPROVED AS TO FORM AND LEGALITY:
WILLIE NGUYEN
Deputy County Counsel
Attachments:
A Projected Fiscal Years 2025, 2026, and 2027 AB939 HHW Fee Funding Allocation by Jurisdiction
B Estimated HHW Program Fixed Costs for Fiscal Years 2025, 2026, and 2027 C HHW Schedule of Collection Events for Fiscal Year 2025 D Household Hazardous Waste Emergency Collection Plan
E Exhibit-E Insurance Requirements for Environmental Services Contracts _______________________________
JŌVAN D. GROGAN
City Manager
City of Santa Clara
_______________________________
GLEN R. GOOGINS
City Attorney
City of Santa Clara
Agreement for Countywide Household
Hazardous Waste Collection Program Page 15 of 27
ATTACHMENT A: PROJECTED FISCAL YEARS 2025-2027 ANNUAL HHW FEE
FUNDING ALLOCATION BY JURISDICTION
Ab&,done<I
AB939HHW FixedCa.t SJ Facility Var isbleCa.t Wa5'E Dis.pcsal Anticipsed Noof 4%of Disposal Fee per Ton pe<H-i Surcharg e pe-Ca, Cost per !+I D is,a etionary Estimated Arrlicipai::d Paticipetion Cities Househ~ Hous.ehok::5 Tom- $26() 55.07 SS.09 se!l.02 S0.05 F,nd Auamentation Psrticiosl:ion st SJ Facilitv C-bel 18,451 738 37,162 s 96,620 s 93,494 s 5,971 s 48,725 s 923 s 152,493\ S 80093 1,100 1,056 C•n,:,rtino 21,787 871 29.930 s 77,819 s 110,398 s 7.050 s 57,535 s 1,089 s (98.254) S 133 081 1.399 936 Gi .. o, 18,784 751 6(),fe9 s 157,558 s 95,181 s 6,079 s 49,505 s 939 s 5,754 s 2 7 110 1,1152 154 La; Albs 11,871 475 16,597 s 43,153 s 60,152 s 3,842 s 31,349 s 594 s ( 52,784) S 9 6 037 1,130 784 La; Albs Hil5 3,151 126 5,589 s 14,531 s 15,967 s 1,020 s 8,321 s 158 s 110,<n.i\ S 22 .221 297 174 La; Gata; 14,000 560 ;n770 s 61,802 s 70,970 s 4,532 s 36,987 s 700 s 151,388\ S 942 19 1,209 1.199 Miloitss 25,7e9 1,031 59,084 s 155204 s 130,575 s 8,339 s 68,051 s 1,288 s (53,049> S 79 341 1,429 908 ""1onl:e Sereno 1,"53 54 735 s 1,911 s 6,856 s 438 s 3,573 s 68 s 19,0241 S 17334 180 185 IMtvnsn Hill 16,178 647 44,235 s 115,011 s 81,976 s 5,235 s 42723 s 809 s (15,732) S 75407 1,551 392 Mo1.1113in ViEM' 3-9,194 1,568 51,011 s 132.629 s 198,602 s 12,e84 s 103.504 s 1,960 s 1184,120) S 169 083 1,340 772 PabAlo 29,285 1,171 45,188 s 117,489 s 1,464 s 116,025
SanJa.e 345,793 13,832 827,019 s 2,150,200 s 1,752,210 s 111,004 s 913,183 s 17,290 s (644,337) S 1186 168 22039 20,539 Sa.nta Clara 53.370 2,135 113.691 s 295,597 s 270,434 s 17,271 s 140,939 s 2,009 s (135,7151 S 237,003 ~- 2.010 Sara........., 11,353 454 17,897 s ...,,533 s 57,527 s 3,574 s 29,9a1 s 568 s (45,217) S 767fil 932 800 Sumvvale 63,111 2,524 99,239 s 258,021 s 319,7$ s a:J,423 s 166,664 s 3,156 s {252,014) S 262 351 2.681 1,533 UninCXJ"oa.eted 18,558 742 45,693 s 118,802 s 94,036 s 6,006 s 49,008 s 928 s 131,176\ S 80009 1,482 845 Total 692,019 27,6'31 1,478,000 s 3,842,931 s 3,358,172 s 214,467 s 1,750,148 s 34,001 S { 1,514,457) S 2 636 224 41,656 32.348 NoES: Nod HH and Disposal bmage are based on FY2022-a:J23 actuals. Anticipated psticipet:ion a.nd anticipated participation .et SJ facil ty ae based on 10% inaease from FY2022-a:J23 aclual psticipal:ion.
Agreement for Countywide Household
Hazardous Waste Collection Program Page 16 of 27
ATTACHMENT B: ESTIMATED ANNUAL HHW PROGRAM FIXED COSTS FOR FISCAL YEARS 2025, 2026, AND 2027
FIXED COST
Staff Salaiy and Benefits $ 1,926,605.10
County Admin Overhead $667,328
County Cmmsel $17,745
Phones and Communications $13,787
Facilities Lease Costs San Jose $215,880
Vehicle Costs $44,363
Office Suoolies and postage $4,430
Maintenance, Softwai·e $150,150
HHWHotline $150,000
Garbage & Utilities $47,434
Membership & Dues $20,475
Training & Conference $6,825
Safety Wear $28,392
Printing $11,632
Other Services & Supplies $53,127
ESTIMATED ANNUAL TOTAL $ 3,358,171.77
Agreement for Countywide Household
Hazardous Waste Collection Program Page 17 of 27
ATTACHMENT C: HHW SCHEDULE OF PERMANENT & TEMPORARY
COLLECTION EVENTS FOR FISCAL YEAR 2025-2027*
2024/Month Day Date Location Type of Event County Holidays/ Notes July Wed 3 San Jose Permanent
Thursday 4 No Event No Event 4th OF JULY
Fri.Sat 5,6 San Jose Permanent
Fri,Sat 5,6 San Martin Permanent
Thurs,Fri 11,12 San Jose Permanent
Saturdav 13 Sunnvvale Temnorarv Conflnned
Thurs,Fri,Sat 18,19,20 San Jose Permanent
Thurs Fri Sat 25 26 27 San Jose Permanent
Auaust Thurs,Fri,Sat 1,2,3 San Martin Permanent
Thurs,Fri,Sat 1,2,3 San Jose Permanent
Fri Sat 45 San Martin Permanent
Thurs,Fri,Sat 8,9,10 San Jose Permanent
Thurs,Fri,Sat 15, 16, 17 San Jose Permanent
Thurs,Fri 22,23 San Jose Permanent
Saturdav 24 Mountain View TemDorarv Conflnned
Thurs.Fri 29,30 San Jose Permanent
Saturday 31 No Event No Event LABOR DAY WEEKEND
September Thurs Fri Sat 5 6,7 San Martin Permanent
Thurs,Fri,Sat 5,6,7 San Jose Permanent
Thurs,Fri,Sat 12,13,14 San Jose Permanent
Thurs.Fri 19,20 San Jose Permanent
Saturdav 21 Santa.Clara TemDJ>rarv. conflnned
Thurs,Fri,Sat 26,27,28 San Jose Permanent
October Thurs,Fri,Sat 3,4,5 San Martin Permanent
Thurs,Fri,Sat 3,4,5 San Jose Permanent
Thurs,Fri,Sat 10,11 San Jose Permanent
Saturdav 12 Sunnvvale TemDorarv Conflnned
Thurs,Fri,Sat 17,18,19 San Jose Permanent
Thurs,Fri,Sat 24,25,26 San Jose Permanent
Thurs 31 San Jose Permanent
November Fri Sat 1 2 San Jose Permanent
Thurs,Fri, Sat 7,8,9 San Martin Permanent
Thurs 7,8,9 San Jose Permanent
Thurs Fri Sat 1415 16 San Jose Permanent
Thurs,Fri,Sat 21,22,23 San Jose Permanent
Thurs Fri Sat 28 29 30 No Event No Event THANKSGIVING
December Fri, Sat 5,6,7 San Martin Permanent
Thurs,Fri,Sat 5,6,7 San Jose Permanent
Thurs Fri Sat 1213 14 San Jose Permanent
Thurs,Fri,Sat 19,20,21 San Jose Permanent
Wed Thurs 25 26 No Event No Event CHRISTMAS
Fri,Sat 27,28 San Jose Permanent
Agreement for Countywide Household
Hazardous Waste Collection Program Page 18 of 27
ATTACHMENT C: HHW SCHEDULE OF PERMANENT & TEMPORARY
COLLECTION EVENTS FOR FISCAL YEAR 2025-2027* (Continued) *SUBJECT TO CHANGE
2025/Month Day Date Location Type of Event County Holidays/ Notes January Wed 1 No Event No Event NEW YEAR'S
Thurs,Fri, Sat 2,3,4 San Martin Permanent
Thurs,Fri,Sat 2,3,4 San Jose Permanent
Thurs,Fri 9,10 San Jose Permanent
Saturday 11 Sunnyvale Temporary TBD
Thurs,Fri,Sat 16,17,18 San Jose Permanent
Thurs,Fri 23,24 San Jose Permanent
Saturday 25 Santa Clara Temporary TBD
Thurs,Fri 30,31 San Jose Permanent
February Sat 1 San Jose Permanent
Thurs,Fri, Sat 6,7,8 San Martin Permanent
Thurs,Fri,Sat 6,7,8 San Jose Permanent
Thurs,Fri,Sat 13,14,15 San Jose Permanent
Thurs,Fri,Sat 20,21,22 San Jose Permanent
Thurs,Fri 27,28 San Jose Permanent
March Sat 1 San Jose Permanent
Thurs,Fri, Sat 6,7,8 San Martin Permanent
Thurs,Fri,Sat 6,7,8 San Jose Permanent
Thurs,Fri,Sat 13,14,15 San Jose Permanent
Thurs,Fri,Sat 20,21,22 San Jose Permanent
Thurs,Fri,Sat 27,28,29 San Jose Permanent
April Thurs,Fri,Sat 3,4,5 San Jose Permanent
Thurs,Fri, Sat 3,4,5 San Martin Permanent
Thurs,Fri 10,11 San Jose Permanent
Saturday 12 Los Altos Temporary TBD
Thurs,Fri 17,18 San Jose Permanent
Saturday 19 Sunnyvale Temporary TBD
Thurs,Fri 24,25 San Jose Permanent
Saturday 26 Santa Clara Temporary TBD
May Thurs,Fri,Sat 1,2,3 San Jose Permanent
Thurs,Fri, Sat 1,2,3 San Martin Permanent
Thurs,Fri,Sat 8,9,10 San Jose Permanent
Thurs,Fri,Sat 15,16,17 San Jose Permanent
Thurs,Fri 22,23 San Jose Permanent
Saturday 24 No Event No Event MEMORIAL DAY WEEKEND
Thurs,Fri,Sat 29,30,31 San Jose Permanent
June Thurs,Fri, Sat 5,6,7 San Martin Permanent
Thurs,Fri,Sat 5,6,7 San Jose Permanent
Thurs,Fri 12,13 San Jose Permanent
Saturday 14 Milpitas Temporary TBD
Thurs, Fri,Sat 19,20,21 San Jose Permanent
Thurs,Fri,Sat 26,27,28 San Jose Permanent
Agreement for Countywide Household
Hazardous Waste Collection Program Page 19 of 27
ATTACHMENT D:
COUNTY HOUSEHOLD HAZARDOUS WASTE
EMERGENCY COLLECTION PLAN
1. PURPOSE
The purpose of the Household Hazardous Waste Emergency Collection Plan is to minimize potential public health and safety impacts, as well as to minimize costs and confusion during an emergency or disaster. This Attachment describes the services the County can provide and the responsibilities of each party for the collection of household hazardous wastes (HHW) in response to an emergency as defined by the local jurisdiction.
Jurisdictions should contact local emergency agencies, the Governor's Office of Emergency Services (OES), and California Department of Toxic Substances Control (DTSC) for more specific information on hazardous materials emergency response.
2. Timing of HHW
While it is important to have special collection opportunities for disaster-related HHW as soon as possible to avoid illegal disposal or harm to people and/or the environment, having an event or service too soon after a disaster may result in low participation. Sufficient public notification, assessment and monitoring of the disaster and cleanup process by the designated City HHW Coordinator(s) is essential.
3. Public Information/Notification:
Cities should be prepared to provide the public with information related to the problems associated with HHW along with information about special collection events and services. Upon the decision to hold an emergency collection event, it is the City’s responsibility to prepare and deliver the necessary public outreach to notify the public of an upcoming event. A City’s public outreach program should evaluate all forms of media including: newspaper ads, posters, flyers, press releases, banners, door-to-door notices, roadside signs, signs on dumpsters, radio public service announcements, social media outlets and television public access stations. Be aware of communities where multiple language outreach efforts will be necessary.
4. State HHW Collection Permits
DTSC is responsible for issuing the necessary state permits for HHW collection facilities. During an emergency, the County will obtain the necessary emergency permit for special collection of household hazardous waste from DTSC through their expedited approval process.
5. Collection Events
Temporary collection events can be set-up at various sites including parking lots, city maintenance yards, within neighborhoods needing service, and at landfills or a centralized Agreement for Countywide Household
Hazardous Waste Collection Program Page 20 of 27
location to service larger segments of the population. Waste collected will be transported with a transportation vehicle provided by the HHW Program. In addition, events can be scheduled at the two existing Countywide Household Hazardous Waste Collection Facilities (CoHHWCF).
The following options are available to each participating City.
• Neighborhood Drop-off Events: The County is able to provide localized service to specific areas in need of household hazardous waste collection services. The County will work with City Solid Waste Coordinators to conduct coordinated efforts to residents in the affected area. After a specific event, waste will be transported by County staff or a hazardous waste contractor to an appropriate facility.
• Mobile HHW Event: The County conducts Household Hazardous Waste Collection Event (Events) at various sites located in Santa Clara County throughout the year. Events will be expanded to give priority to disaster victims when requested by the City. The County shall obtain all necessary permits and licenses required for the events and shall provide and/or contract for the services of properly trained personnel and hazardous waste haulers. The County shall also provide or secure suitable equipment and supplies to properly receive, package, label, haul, recycle and dispose of the household hazardous wastes collected at events.
• CoHHWCF: The County operates two permitted HHW collection facilities for the collection and storage of HHW. The County shall provide or contract for services, equipment, and supplies to properly receive, package, label, haul, recycle and dispose of wastes collected at the CoHHWCF.
The CoHHWCF are located at:
San Martin, 13055 Murphy Ave, San Martin, CA 95046
San Jose, 1608 Las Plumas, San Jose, CA 95133
6. Costs, Documentation, and Reimbursements
Cities will be billed on a cost recovery basis. Costs of emergency events will be tracked and billed separately. Emergency funding applications pending from the State or Federal government for reimbursements in no way relieves the City of responsibility to make timely payment to the County in accordance with the terms of the AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM.
The County agrees to provide the City with a detailed accounting of services provided for an emergency collection. Documentation will track the time and materials of staff, outside contractor expenses, and quantities and types of waste collected to demonstrate that the wastes were generated above and beyond existing collection programs.
Services to businesses will be provided on a cost recovery basis and according to Section 12 of the
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM, which includes program administration, on-site collection, transportation, and disposal costs. The County will assume responsibility for collecting fees from participating businesses.
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Hazardous Waste Collection Program Page 21 of 27
7. State and Federal Assistance and Funds
It is the City’s responsibility to pursue reimbursement from State or Federal agencies.
California Governor’s Office of Emergency Services (Cal OES)
Cal OES is responsible for requesting assistan is declared a state disaster area, and the local jurisdiction deems that the needs of the disaster response are beyond ce on behalf of local jurisdictions for resources beyond the capability of the jurisdiction. State assistance may include assistance available from State, Federal, or private sources. If a local jurisdiction its capabilities, then the local jurisdiction can request assistance and reimbursement of costs from Cal OES.
Follow Standardized Emergency Management System (SEMS)
All requests and emergency responses must be in accordance with the SEMS. DTSC may have funding available for hazardous waste response and collection.
Federal Assistance
If a state disaster area is declared a federal disaster, then federal funding assistance may be available through the Cal OES. Funding and assistance may be available from Federal agencies such as FEMA and the USEPA.
Damage estimates: The city should provide to the Cal OES estimates of damages and a "scope of work requested." It is recommended that the local HHW coordinator meet ahead of time with local emergency agencies or Cal OES contacts regarding the proper procedures and wording of requests for assistance.
Funding Process: The funding process may vary depending on the unique circumstances of the disaster. The process can either be the traditional FEMA reimbursement process, or by direct assistance from USEPA.
REFERENCES
California Integrated Waste Management Board, Integrated Waste Management Disaster Plan:
Guidance for local government on disaster debris management, January 1997.
Emergency Planning Contacts and Personnel
Primary County Contact: County of Santa Clara
Consumer and Environmental Protection Agency
Household Hazardous Waste Program
ATTN: Hazardous Materials Program Manager
(408)-918-1967
For Non-Emergency after-hours, contact County Communications at: (408) 977-3220
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Hazardous Waste Collection Program Page 22 of 27
Responsibility: Coordinate and establish proper collection and disposal methods for household hazardous waste. Assess the need for HHW and VSQG services in consultation with the City and other operations.
Cal OES Public Safety Communications Main Office
601 Sequoia Pacific Boulevard
Sacramento, CA 95811
(916) 894-5209
Cal OES
3650 Schriever Avenue
Mather, CA 95655-4203
(916) 845-8510
CHEMTREC Emergency number, (800) 424-9300
Non‑emergency (800) 262-8200
Chemtrec is a public service established by the Chemical Manufacturers Association. The Center was developed as a resource for obtaining immediate emergency response information to mitigate accidental chemical releases, and as a means for emergency responders to obtain technical assistance from chemical industry product safety specialists, emergency response coordinators, toxicologists, physicians, and other industry experts to safely mitigate incidents involving chemicals.
ATTACHMENT E
Agreement for Countywide Household
Hazardous Waste Collection Program Page 23 of 27
EXHIBIT E
INSURANCE REQUIREMENTS FOR
ENVIRONMENTAL SERVICES
CONTRACTS
(Hazardous Waste Disposal, Remediation Services, Environmental Consulting, etc.) Indemnity
The Contractor shall indemnify, defend, and hold harmless the County of Santa Clara (hereinafter "County"), its officers, agents and employees from any third party claim, liability, loss, injury or damage to the extent arising out of, or in connection with, performance of this AGREEMENT by Contractor and/or its agents or employees, excepting only loss, injury or damage caused by the sole negligence or willful misconduct of personnel employed by the County. It is the intent of the parties to this AGREEMENT to provide the broadest possible coverage for the County. The Contractor shall reimburse the County for all costs, attorneys' fees, expenses and liabilities incurred with respect to any litigation in which the Contractor contests its obligation to indemnify, defend and/or hold harmless the County under this AGREEMENT and does not prevail in that contest.
Insurance
Without limiting the Contractor's indemnification of the County, the Contractor shall provide and maintain at its own expense, during the term of this AGREEMENT, or as may be further required herein, the following insurance coverages and provisions:
A. Evidence of Coverage
Prior to commencement of this AGREEMENT, the Contractor shall provide a Certificate of Insurance certifying that coverage as required herein has been obtained. Individual endorsements executed by the insurance carrier shall accompany the certificate.
This verification of coverage shall be sent to the requesting County department, unless otherwise directed. The Contractor shall not receive a Notice to Proceed with the work under the AGREEMENT until it has obtained all insurance required and such insurance has been approved by the County. This approval of insurance shall neither relieve nor decrease the liability of the Contractor.
B. Qualifying Insurers
All coverages, except surety, shall be issued by companies which hold a current policy holder's alphabetic and financial size category rating of not less than A- V, according to the current Best's Key Rating Guide or a company of equal financial stability that is approved by the County's Insurance Manager.
ATTACHMENT E
Agreement for Countywide Household
Hazardous Waste Collection Program Page 24 of 27
Exhibit E (Continued)
C. Notice of Cancellation
Should any of the requested policies be cancelled before the expiration date, notice will be provided in accordance with policy provisions.
D. Insurance Required
1. Commercial General Liability Insurance - for bodily injury (including death) and property damage which provides limits as follows:
a. Each occurrence - $1,000,000
b. General aggregate - $2,000,000
c. Products/Completed Operations aggregate - $2,000,000 d. Personal Injury - $1,000,000
2. General liability coverage shall include:
a. Premises and Operations
b. Products/Completed
c. Personal Injury liability
d. Severability of interest
3. General liability coverage shall include the following endorsement, a copy of which shall be provided to the County:
Additional Insured Endorsement, (Commercial General Liability Additional Insured provided pursuant to Additional Insured Endorsement #1), which shall read:
“County of Santa Clara, and members of the Board of
Supervisors of the County of Santa Clara, and the officers, agents, and employees of the County of Santa Clara,
individually and collectively, as additional insureds provided pursuant to Additional Insured Endorsement Form #1.”
Insurance afforded by the additional insured endorsement shall apply as primary insurance, and other insurance maintained by the County of Santa Clara, its officers, agents, and employees shall be excess only and not contributing with insurance provided Agreement for Countywide Household
Hazardous Waste Collection Program Page 25 of 27
Exhibit E (Continued)
under this policy. Public Entities may also be added to the Additional Insured Endorsement Form #1 as applicable by way of insurance addendum, and the contractor shall be notified by the contracting department of these requirements.
4. Automobile Liability Insurance
For bodily injury (including death) and property damage which provides total limits of not less than one million dollars ($1,000,000) combined single limit per occurrence applicable to all owned, non-owned and hired vehicles. Coverage shall include Environmental Impairment Liability Endorsement MCS90 for contracts requiring the transportation of hazardous materials/wastes.
5. Workers' Compensation and Employer's Liability Insurance a. Statutory California Workers' Compensation coverage including broad form all-states coverage.
b. Employer's Liability coverage for not less than one million dollars ($1,000,000) per occurrence.
6. Contractors Pollution Liability Insurance
Coverage shall provide a minimum of not less than five million dollars ($5,000,000) per occurrence and aggregate for bodily injury, personal injury, property damage and cleanup costs both on and offsite.
7. Professional Errors and Omissions Liability Insurance (required for contractors providing professional services, such as through a professional engineer, registered geologist, etc.)
a. Coverage shall be in an amount of not less than one million dollars ($1,000,000) per claim/aggregate.
b. If coverage contains a deductible or self-retention, it shall be reviewed and approved by the County’s Insurance Manager prior to contract execution.
c. Coverage as required herein shall be maintained for a minimum of two years following termination or completion of this AGREEMENT.
ATTACHMENT E
Agreement for Countywide Household
Hazardous Waste Collection Program Page 26 of 27
Exhibit E (Continued)
8. Claims Made Coverage
If coverage is written on a claims made basis, the Certificate of Insurance shall clearly state so. In addition to coverage requirements above, such policy shall provide that:
a. Policy retroactive date coincides with or precedes the Consultant's start of work (including subsequent policies purchased as renewals or replacements).
b. Policy allows for reporting of circumstances or incidents that might give rise to future claims. If coverage terminated Run-Off (Tail) coverage will be purchased for three (3) years following termination.
E. Special Provisions
The following provisions shall apply to this AGREEMENT:
1. The foregoing requirements as to the types and limits of insurance coverage to be maintained by the Contractor and any approval of said insurance by the County or its insurance consultant(s) are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Contractor pursuant to this AGREEMENT, including but not limited to the provisions concerning indemnification.
2. The County acknowledges that some insurance requirements contained in this AGREEMENT may be fulfilled by self-insurance on the part of the Contractor. However, this shall not in any way limit liabilities assumed by the Contractor under this AGREEMENT. Any self-insurance shall be approved in writing by the County upon satisfactory evidence of financial capacity. Contractors obligation hereunder may be satisfied in whole or in part by adequately funded self-insurance programs or self-insurance retentions.
3. Should any of the work under this AGREEMENT be sublet, the Contractor shall require each of its subcontractors of any tier to carry the aforementioned coverages.
4. The County reserves the right to withhold payments to the Contractor in the event of material noncompliance with the insurance requirements outlined above.
ATTACHMENT E
Agreement for Countywide Household
Hazardous Waste Collection Program Page 27 of 27
Exhibit E (Continued)
F. Fidelity Bonds (Required only if contractor will be receiving advanced funds or payments)
Before receiving compensation under this AGREEMENT, Contractor will furnish County with evidence that all officials, employees, and agents handling or having access to funds received or disbursed under this AGREEMENT, or authorized to sign or countersign checks, are covered by a BLANKET FIDELITY BOND in an amount of AT LEAST fifteen percent (15%) of the maximum financial obligation of the County cited herein. If such bond is canceled or reduced, Contractor will notify County immediately, and County may withhold further payment to Contractor until proper coverage has been obtained. Failure to give such notice may be cause for termination of this AGREEMENT, at the option of County.
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
24-530 Agenda Date: 6/4/2024
REPORT TO COUNCIL
SUBJECT
Action to Authorize the City Manager to Negotiate and Execute Amendments to Agreements for Environmental Health and Safety Consulting and Training Services with Electrical Safety Consultants, Inc., doing business as ESCI, Inc., and BSI America Professional Services, Inc. to Extend the Term, Increase Maximum Compensation, and Add Additional Services for Silicon Valley Power
COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure
BACKGROUND
The City of Santa Clara’s Electric Utility, Silicon Valley Power (SVP), is committed to maintaining a safe and compliant working environment by implementing Environmental, Health and Safety Services (EH&S) programs throughout its utility operations. SVP staff uses consultants focused on specific program areas to ensure the highest quality for the programs being developed and maintain SVP’s programs current with the latest local, federal, and other laws and regulations.
For instance, environmental program services require various certifications and compliance activities.
A utility of SVP’s size is responsible for a number of environmental compliance activities, such as, air permits, Environmental Protection Agency (EPA) Title V, Spill Prevention Control and Countermeasure (SPCC), Hazardous Materials Business Plan (HMBP), and stormwater permits.
Similarly, with safety program services require the development of written plans, training, tracking of completed training, audits, and drills to meet Federal and California OSHA requirements, as well as local or other agency regulations and guidelines.
In 2021, the City published a competitive Request for Proposals (RFP) for EH&S services. On February 22, 2022, the City Council authorized the City Manager to negotiate and execute agreements with (1) Electrical Safety Consultants, Inc., doing business as ESCI, Inc. (ESCI) and (2) BSI America Professional Services, Inc. (BSI), to provide EH&S consulting and training services, with a maximum aggregate compensation amount not exceeding $1,100,000 for an initial five-year term and up to five one-year renewal options.
DISCUSSION
Under their agreements with the City, ESCI and BSI provide all labor, materials, equipment, and technical expertise needed to review and update SVP’s current EH&S programs, develop new ones, provide electrical safety training and drills, and conduct periodic electrical safety audits.
As SVP has refined its safety materials, SVP’s compliance staff has identified the need for additional tasks, such as updating safety manuals specific to power plants. New assignments might also City of Santa Clara Page 1 of 3 Printed on 5/31/2024
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24-530 Agenda Date: 6/4/2024
require adjusting the rate schedule to include staff not initially included in the original agreements.
To ensure delivery of essential EH&S consulting services for the remaining term of the agreements, staff recommends increasing the aggregate maximum compensation by $900,000 for a new aggregate maximum compensation of $2,000,000. Compensation is based on time and materials, at the rates established in the agreements. The agreements may be extended through January 31, 2032. Staff requests further authorization for the City Manager to negotiate and execute amendments to extend the term of the agreements through January 31, 2032, in such increments determined by staff to main consistency in projects that may extend longer than one year and increase maximum compensation by up to $1,000,000 for a total aggregate maximum compensation that does not exceed $3,000,000 over a ten-year period.
ENVIRONMENTAL REVIEW
The proposed actions do not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to section 15061(c)(3) of Title 14 of the California Code of Regulations as it can be seen with certainty that there is no possibility the environmental consulting services will have a significant effect on the environment.
FISCAL IMPACT
The proposed amendments would increase the aggregate maximum compensation from $1,100,000 to $2,000,000. Sufficient funds are available in the FY 2024/25 Adopted Operating Budget in the Electric Utility Operating Fund. Funding for future years will be requested through the normal budget process.
COORDINATION
This report has been coordinated with the Finance Department and City Attorney’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
1. Authorize the City Manager to negotiate and execute amendments to the agreements with Electrical Safety Consultants, Inc., doing business as ESCI, Inc. and BSI America Professional Services, Inc. (BSI), to increase the aggregate maximum compensation by $900,000 for a new aggregate maximum compensation of $2,000,000, subject to the review and approval as to form by the City Attorney; and
2. Authorize the City Manager or designee to take any actions as necessary to implement and administer the agreements as amended and negotiate and execute amendments to (a) add or delete services consistent with the scope of services; (b) adjust future rates to account for reasonable changes in labor and materials rates; (c) exercise options to extend the term of the agreements for up to five years in any increment through January 31, 2032; and (d) increase the maximum compensation for an additional $1,000,000 for a total aggregate maximum compensation not to exceed $3,000,000 over a ten-year period for both agreements, subject to the City of Santa Clara Page 2 of 3 Printed on 5/31/2024
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24-530 Agenda Date: 6/4/2024
appropriation of funds and the review and approval as to form by the City Attorney.
Reviewed by: Manuel Pineda, Chief Electric Utility Officer Approved by: Jovan D. Grogan, City Manager
ATTACHMENTS
1. Agreement for Services with BSI America Professional Services, Inc.
2. Agreement for Services with ESCI, Inc., dba Electrical Safety Consultants, Inc.
City of Santa Clara Page 3 of 3 Printed on 5/31/2024
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EBIX Insurance No. S200004875
AGREEMENT FOR SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA
AND
BSI AMERICA PROFESSIONAL SERVICES INC.
PREAMBLE
This Agreement is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and BSI America Professional Services Inc., a California Corporation (Contractor). City and Contractor may be referred to individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement."
RECITALS
A. City desires to secure the services more fully described in this Agreement, at Exhibit A, entitled "Scope of Services";
B. Contractor represents that it, and its subcontractors, if any, have the professional qualifications, expertise, necessary licenses and desire to provide certain goods and/or required services of the quality and type which meet objectives and requirements of City; and,
C. The Parties have specified herein the terms and conditions under which such services will be provided and paid for.
The Parties agree as follows:
AGREEMENT TERMS AND CONDITIONS
1. AGREEMENT DOCUMENTS
The documents forming the entire Agreement between City and Contractor shall consist of these Terms and Conditions and the following Exhibits, which are hereby incorporated into this Agreement by this reference:
Exhibit A - Scope of Services
Exhibit B - Schedule of Fees and Payment Provisions
Exhibit C - Insurance Requirements
This Agreement, including the Exhibits set forth above, contains all the agreements, representations and understandings of the Parties, and supersedes and replaces any previous agreements, representations and understandings, whether oral or written. In the event of any inconsistency between the provisions Agreement with BSI America Professional Services Inc.
Rev. 07-01-18
of any of the Exhibits and the Terms and Conditions, the Terms and Conditions shall govern and control.
2. TERM OF AGREEMENT
A. Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the term of this Agreement shall begin on June 1, 2022 and expire on May 31, 2027 ("Initial Term").
B. After the Initial Term, City reserves the right, at its sole discretion, to extend the term of this Agreement for up to five (5) additional one-year terms through January 31, 2032 ("Option Periods"). City shall provide Contractor with no less than thirty (30) days prior written notice of its intention to exercise its option to extend the term of this Agreement, unless the Parties mutual agree to waive such notice. The Parties shall execute an Amendment to extend the term.
3. SCOPE OF SERVICES & PERFORMANCE SCHEDULE
Contractor shall perform those Services specified in Exhibit A within the time stated in Exhibit A. Time is of the essence.
4. WARRANTY
Contractor expressly warrants that all materials and services covered by this Agreement shall be fit for the purpose intended, shall be free from defect and shall conform to the specifications, requirements and instructions upon which this Agreement is based. Contractor agrees to promptly replace or correct any incomplete, inaccurate or defective Services at no further cost to City when defects are due to the negligence, errors or omissions of Contractor. If Contractor fails to promptly correct or replace materials or services, City may make corrections or replace materials or services and charge Contractor for the cost incurred by City.
5. QUALIFICATIONS OF CONTRACTOR-STANDARD OF CARE
Contractor represents and maintains that it has the expertise in the professional calling necessary to perform the Services, and its duties and obligations, expressed and implied, contained herein, and City expressly relies upon Contractor's representations regarding its skills and knowledge. Contractor shall perform such Services and duties in conformance to and consistent with the professional standards of a specialist in the same discipline in the State of California.
Agreement with BSI America Professional Services Inc.
Rev. 07-01-18
Page2
6. COMPENSATION AND PAYMENT
In consideration for Contractor's complete performance of Services, City shall pay Contractor for all materials provided and Services rendered by Contractor in accordance with Exhibit B, entitled "SCHEDULE OF FEES AND PAYMENT PROVISIONS." The Maximum Compensation of this Agreement during the Initial Term is Six Hundred Thousand Dollars ($600,000), subject to budget appropriations, which includes all payments that may be authorized for Services and for expenses, supplies, materials and equipment required to perform the Services. All work performed or materials provided in excess of the Maximum Compensation shall be at Contractor's expense. City does not guarantee any minimum compensation under this Agreement. Contractor shall not be entitled to any payment above the Maximum Compensation under any circumstance.
7. TERMINATION
A
B.
C.
Termination for Convenience. City shall have the right to terminate this Agreement, without cause or penalty, by giving not less than Thirty (30) days' prior written notice to Contractor.
Termination for Default. If Contractor fails to perform any of its material obligations under this Agreement, in addition to all other remedies provided by law, City may terminate this Agreement immediately upon written notice to Contractor.
Upon termination, each Party shall assist the other in arranging an orderly transfer and close-out of services. As soon as possible following the notice of termination, but no later than ten (10) days after the notice of termination, Contractor will deliver to City all City information or material that Contractor has in its possession.
8. ASSIGNMENT AND SUBCONTRACTING
City and Contractor bind themselves, their successors and assigns to all covenants of this Agreement. This Agreement shall not be assigned or transferred without the prior written approval of City. Contractor shall not hire subcontractors without express written permission from City.
Contractor shall be as fully responsible to City for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as Contractor is for the acts and omissions of persons directly employed by it.
9. NO THIRD-PARTY BENEFICIARY
This Agreement shall not be construed to be an agreement for the benefit of any third party or parties and no third party or parties shall have any claim or right of action under this Agreement for any cause whatsoever.
Agreement with BSI America Professional Services Inc.
Rev. 07-01-18
10. INDEPENDENT CONTRACTOR
Contractor and all person(s) employed by or contracted with Contractor to furnish labor and/or materials under this Agreement are independent contractors and do not act as agent(s) or employee(s) of City. Contractor has full rights to manage its employees in their performance of Services under this Agreement.
11. CONFIDENTIALITY OF MATERIAL
All ideas, memoranda, specifications, plans, manufacturing procedures, data, drawings, descriptions, documents, discussions or other information developed or received by or for Contractor and all other written information submitted to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor and shall not, without the prior written consent of City, be used for any purposes other than the performance of the Services nor be disclosed to an entity not connected with performance of the Services. Nothing furnished to Contractor which is otherwise known to Contractor or becomes generally known to the related industry shall be deemed confidential.
12. OWNERSHIP OF MATERIAL
All material, which shall include, but not be limited to, data, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports, designs, technology, programming, works of authorship and other material developed, collected, prepared or caused to be prepared under this Agreement shall be the property of City but Contractor may retain and use copies thereof. City shall not be limited in any way or at any time in its use of said material. However, Contractor shall not be responsible for damages resulting from the use of said material for work other than Project, including, but not limited to, the release of this material to third parties.
13. RIGHT OF CITY TO INSPECT RECORDS OF CONTRACTOR
City, through its authorized employees, representatives or agents shall have the right during the term of this Agreement and for four (4) years from the date of final payment for goods or services provided under this Agreement, to audit the books and records of Contractor for the purpose of verifying any and all charges made by Contractor in connection with Contractor compensation under this Agreement, including termination of Contractor. Contractor agrees to maintain sufficient books and records in accordance with generally accepted accounting principles to establish the correctness of all charges submitted to City. Any expenses not so recorded shall be disallowed by City. Contractor shall bear the cost of the audit if the audit determines that there has been a substantial billing deviation in excess of five (5) percent adverse to the City.
Contractor shall submit to City any and all reports concerning its performance under this Agreement that may be requested by City in writing. Contractor agrees Agreement with BSI America Professional Services Inc.
Rev. 07-01-18
Page4
to assist City in meeting City's reporting requirements to the State and other agencies with respect to Contractor's Services hereunder.
14. HOLD HARMLESS/INDEMNIFICATION
A. To the extent permitted by law, Contractor agrees to protect, defend, hold harmless and indemnify City, its City Council, commissions, officers, employees, volunteers and agents from and against any claim, injury, liability, loss, cost, and/or expense or damage, including all costs and attorney's fees in providing a defense to any such claim or other action, and whether sounding in law, contract, tort, or equity, in any manner arising from, or alleged to arise in whole or in part from, or in any way connected with the Services performed by Contractor pursuant to this Agreement - including claims of any kind by Contractor's employees or persons contracting with Contractor to perform any portion of the Scope of Services - and shall expressly include passive or active negligence by City connected with the Services. However, the obligation to indemnify shall not apply if such liability is ultimately adjudicated to have arisen through the sole active negligence or sole willful misconduct of City; the obligation to defend is not similarly limited.
B. Contractor's obligation to protect, defend, indemnify, and hold harmless in full City and City's employees, shall specifically extend to any and all employment-related claims of any type brought by employees, contractors, subcontractors or other agents of Contractor, against City (either alone, or jointly with Contractor), regardless of venue/jurisdiction in which the claim is brought and the manner of relief sought.
C. To the extent Contractor is obligated to provide health insurance coverage to its employees pursuant to the Affordable Care Act ("Act") and/or any other similar federal or state law, Contractor warrants that it is meeting its obligations under the Act and will fully indemnify and hold harmless City for any penalties, fines, adverse rulings, or tax payments associated with Contractor's responsibilities under the Act.
15. INSURANCE REQUIREMENTS
During the term of this Agreement, and for any time period set forth in Exhibit C, Contractor shall provide and maintain in full force and effect, at no cost to City, insurance policies as set forth in Exhibit C.
16. WAIVER
Contractor agrees that waiver by City of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement. Neither City's review, acceptance nor payments for any of the Services required under this Agreement Agreement with BSI America Professional Services Inc.
Rev. 07-01-18
shall be constructed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement.
17. NOTICES
All notices to the Parties shall, unless otherwise requested in writing, be sent to City addressed as follows:
City of Santa Clara
Attention: Silicon Valley Power
1500 Warburton Avenue
Santa Clara, CA 95050
[email protected], [email protected], and [email protected]
And to Contractor addressed as follows:
BSI America Professional Services Inc.
2150 N 1st, Street
San Jose, CA 95131
Phone: (408)-790-9200
ATTN: Joe Moulton
Email: [email protected]
The workday the e-mail was sent shall control the date notice was deemed given.
An e-mail transmitted after 1 :00 p.m. on a Friday shall be deemed to have been transmitted on the following business day.
18. COMPLIANCE WITH LAWS
Contractor shall comply with all applicable laws and regulations of the federal, state and local government, including but not limited to "The Code of the City of Santa Clara, California" ("SCCC"). In particular, Contractor's attention is called to the regulations regarding Campaign Contributions (SCCC Chapter 2.130), Lobbying (SCCC Chapter 2.155), Minimum Wage (SCCC Chapter 3.20), Business Tax Certificate (SCCC section 3.40.060), and Food and Beverage Service Worker Retention (SCCC Chapter 9.60), as such Chapters or Sections may be amended from time to time or renumbered. Additionally Contractor has read and agrees to comply with City's Ethical Standards (http://santaclaraca.gov/home/showdocument?id=58299).
19. CONFLICTS OF INTEREST
Contractor certifies that to the best of its knowledge, no City officer, employee or authorized representative has any financial interest in the business of Contractor and that no person associated with Contractor has any interest, direct or indirect, which could conflict with the faithful performance of this Agreement. Contractor is familiar with the provisions of California Government Code section 87100 and Agreement with BSI America Professional Services Inc.
Rev. 07-01-18
following, and certifies that it does not know of any facts which would violate these code provisions. Contractor will advise City if a conflict arises.
20. FAIR EMPLOYMENT
Contractor shall not discriminate against any employee or applicant for employment because of race, sex, color, religion, religious creed, national origin, ancestry, age, gender, marital status, physical disability, mental disability, medical condition, genetic information, sexual orientation, gender expression, gender identity, military and veteran status, or ethnic background, in violation of federal, state or local law.
21. NO USE OF CITY NAME OR EMBLEM
Contractor shall not use City's name, insignia, or emblem, or distribute any information related to services under this Agreement in any magazine, trade paper, newspaper or other medium without express written consent of City.
22. GOVERNING LAW AND VENUE
This Agreement shall be governed and construed in accordance with the statutes and laws of the State of California. The venue of any suit filed by either Party shall be vested in the state courts of the County of Santa Clara, or if appropriate, in the United States District Court, Northern District of California, San Jose, California.
23. SEVERABILITY CLAUSE
In case any one or more of the provisions in this Agreement shall, for any reason, be held invalid, illegal or unenforceable in any respect, it shall not affect the validity of the other provisions, which shall remain in full force and effect.
24. AMENDMENTS
This Agreement may only be modified by a written amendment duly authorized and executed by the Parties to this Agreement.
Agreement with BSI America Professional Services Inc.
Rev. 07-01-18
25. COUNTERPARTS
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but both of which shall constitute one and the same instrument.
The Parties acknowledge and accept the terms and conditions of this Agreement as evidenced by the following signatures of their duly authorized representatives.
CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
Dated: _____L...._ p _{a_1 / 7;_?_--=--------
"CITY"
~ : oA W'-- RaJv atra " \,
City anager
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
BSI AMERICA PROFESSIONAL SERVICES INC.
A California Corporation
Dated: ~e 3,122
By (Signature): ......,Q;; ~J- ~-:~=------------ Name: Danielle Rei :='J Title: SVP, Consulting Services
Principal Place of 2150 N. 1s
t Street
Business Address: San Jose, CA 95131
Email Address: [email protected]
Telephone: 408-790-9200
Fax: - - --- ------- - -----
Agreement with BSI America Professional Services Inc.
Rev. 07-01 -18
"CONTRACTOR"
1. GENERAL
EXHIBIT A
SCOPE OF SERVICES
1.1. Contractor shall provide Environmental, Health and Safety (EH&S) plan review and development services, in accordance with Environmental Protection Agency (EPA), Occupational Safety and Health Administration (OSHA), California OSHA, and other relevant regulatory agency requirements.
1.2. The required EH&S services shall include, but not be limited to:
1.2.1. Reviewing Silicon Valley Power's (SVP) current environmental, health and safety plans, permits, and procedures (collectively, "EH&S plans") that comprise the department's safety manual;
1.2.2. Developing new EH&S plans as needed to keep the SVP safety manual updated and compliant with OSHA;
1.2.3. Providing trainings and drills on the various EH&S plans;
1.2.4. Providing audits as needed; and
1.2.5. Tracking and documentation of employee trainings, audits, and drills developing a 5-year Compliance Calendar.
1.3. Contractor shall organize the EH&S plans (both current and to be developed) into a single comprehensive EH&S compliance program that can be easily accessed via a digital platform and/or hard copy.
1.4. Contractor shall stay up to date on emerging State and/or Federal issues that may affect SVP utility operations, and inform SVP of any such issues.
Contractor shall update/develop EH&S plans to reflect the changes accordingly.
1.5. Contractor shall develop a 5-year compliance calendar that will be used to track when critical tasks need to be performed for applicable EH&S plans including but not limited to: reviews; updates; trainings; drills; and audits.
1.5.1. Contractor shall update the calendar as required.
1.5.2. Contractor shall provide the City with the most updated version of the calendar.
2. EH&S PLAN REVIEW SERVICES
2.1. General
2.1.1. On at least an annual basis, Contractor shall review SVP's current EH&S plans to ensure compliance with current EPA, California OSHA, Federal OSHA, and other relevant regulatory agency requirements.
2.1.1.1. Contractor shall review and update each EH&S plan in accordance with the requirements specific to each plan
and/or applicable regulatory agency.
Agreement with BS! America Professional Services Inc.
Rev. 07-01-18
2.1.1.2. Contractor shall include and track the review dates in the 5- year compliance calendar.
2.1.1.3. Plan reviews shall be conducted by Contractor employees who are subject matter experts within the technical areas of EH&S.
2.1.2. When Contractor updates EH&S plans, Contractor shall provide a red-lined version of each plan in accordance with Section 2.3 below.
2.2. Current EH&S Plans: Contractor shall review the EH&S plans listed below.
2.2.1. Environmental
2.2.2. 2.2.3.
2.2.1.1. 2.2.1.2.
2.2.1.3. 2.2.1.4.
2.2.1.5. 2.2.1.6.
2.2.1.7. 2.2.1.8.
2.2.1.9. Health
2.2.2.1. 2.2.2.2.
2.2.2.3. 2.2.2.4.
2.2.2.5. 2.2.2.6.
2.2.2.7. Safety
2.2.3.1. 2.2.3.2.
2.2.3.3. Storm Water Pollution Prevention (2 plans);
Spill Prevention Control and Countermeasures (4 plans); Clean Air Act- EPA Title V Air Permit with BAAQMD (3
permits);
Industrial Wastewater Discharge (1 permit);
Hazardous Waste Management (1 plan);
Underground Storage Tank (1 plan);
Aboveground Storage Tanks (1 plan);
Hazardous Material Business Plans (have 35 plans on
California Environmental Reporting Services (CERS));
SF6 Gas (1 plan);
Asbestos Operations and Maintenance (1 plan);
First-aid/CPR/AED (1 plan);
Hearing Conservation & Audiogram (1 plan);
Legionella (1 plan);
Respirator Protection-Air Purify, SCBA, fit test (1 plan); Risk Management Plan for Aqueous Ammonia (Cal-ARP) (1
plan);
Blood borne Pathogen (1 plan);
Fall Protection and Post Fall Rescue (1 plan);
Lock Out Tag Out (LOTO) (1 plan);
Confined Space Entrant, Attendant, and Supervisor (1
plan);
2.2.3.4. Hazardous Waste Handling (1 plan);
Agreement with BSI America Professional Services Inc.
Rev. 07-01-18
2.2.3.5. Personal Protective Equipment (PPE) (1 plan);
2.2.3.6. Heat Stress (1 plan);
2.2.3.7. Hot Work (1 plan);
2.2.3.8. Chemical Hygiene for Laboratories (1 plan);
2.2.3.9. Bulk Chemical Offloading and Handling (1 plan);
2.2.3.10. Compressed Gas Cylinder Handling (1 plan);
2.2.3.11. Contractor Safety (1 plan);
2.2.3.12. Hand & Portable Tools (1 plan);
2.2.3.13. Job Briefings/Job Hazard Analysis (JHA) (1 plan);
2.2.3.14. Machine Guarding (1 plan);
2.2.3.15. Mobile Cranes, Hoisting Equipment & Rigging (1 plan);
2.2.3.16. Portable Ladder Safety (1 plan);
2.2.3.17. Underground Mark and Locate (1 plan);
2.2.3.18. DOT Hazmat HM-126FOil Handling and Spill Response (1 plan);
2.3. Safety Plan Review and Approval
2.3.1. When Contractor updates EH&S plans, Contractor shall follow the review and approval process below.
2.3.2. First Draft
2.3.2.1. Contractor shall submit the first draft of the red lined plan(s) to the City via email. The redlined plan(s) shall include all updates to regulatory rules that would affect SVP's EH&S programs.
2.3.2.2. Contractor shall submit the redlined plan(s) in Word format.
2.3.2.3. The City will review the red lined plan(s) and provide feedback/comments to Contractor.
2.3.3. Final Draft
2.3.3.1. Contractor shall submit the final draft of the red lined plan(s), incorporating the City's feedback and comments, to the City via email.
2.3.3.2. The plan(s) shall be submitted in Word and PDF formats.
2.3.3.3. The City shall review and, if there are no issues, approve the final draft.
2.3.4. If Contractor reviews an EH&S plan and determines that no updates are needed, Contractor shall provide a written statement to the City verifying that no updates are required at the time of review.
Agreement with BSI America Professional Services Inc.
Rev. 07-01-18
3. EH&S PLAN DEVELOPMENT SERVICES
3.1. Contractor shall create EH&S plans, as needed, to ensure compliance with current EPA, California OSHA, Federal OSHA, and other relevant regulatory agency requirements.
3.2. When new plans need to be developed, Contractor shall identify the minimum components required for each plan and include them in the developed plan(s).
3.3. SVP has identified the following plans for the Contractor to develop. This is not an exhaustive list; Contractor may be required to develop additional plans not identified below.
3.3.1. Environmental
3.3.1.1. Spill Prevention Control and Countermeasures (need up to 35 plans);
3.3.1.2. Hazardous Waste Operations & Emergency Response (HAZWOPER): Operations (need 1 plan);
3.3.1.3. Refrigerant Management Program (need 1 plan);
3.3.2. Health
3.3.2.1. Back Safety/ergonomics (need 1 plan);
3.3.2.2. Concrete/Silica Dust (need 1 plan);
3.3.2.3. Title 22 Reclaimed Water - Site Supervisor (need 1 plan);
3.3.3. Safety
3.3.3.1. 3.3.3.2.
Fall Protection Competent Person (need 1 plan);
New Hire Safety Orientation: (need 1 plan);
3.3.3.2.1. Injury Illness Prevention Plan
3.3.3.2.2. Personal Protective Equipment
3.3.3.2.3. Hazwoper (Lead, Polychlorinated Biphenyls
3.3.3.3. 3.3.3.4.
3.3.3.5. 3.3.3.6.
3.3.3.7. 3.3.3.8.
(PCB), Asbestos)
3.3.3.2.4. Fire Extinguisher
Supervisor Safety (need 1 plan);
Excavations, Trenching, Shoring (need 1 plan);
Hazardous Communication (need 1 plan);
ARC Flash NFPA 70E (need 1 plan);
Bucket (Aerial Lift Operations) (need 1 plan);
Chain Saw Operations (need 1 plan);
Agreement with BSI America Professional Services Inc.
Rev. 07-01-18
3.3.3.9. Driving: backing-up; intersections; cross traffic; rear ends; turning; side swipes; and sharing the road w/pedestrians & cyclists (need 1 plan);
3.3.3.10. Forklift/ Scissor lift/ Boom lift Safety (need 1 plan);
3.3.3.11. Office Safety: ergonomics; housekeeping; slips, trips & falls; back safety; and other office hazards (need 1 plan);
3.3.3.12. Traffic & Pedestrian Awareness, Open manholes/pull boxes (need 1 plan);
3.3.3.13. Traffic Control for Safe Work Zones in Urban Areas (need 1 plan);
3.3.3.14. Traffic Control for Safe Work Zones in Urban with Flagger Cards (need 1 plan);
3.3.3.15. Traffic Signal Inspector (need 1 plan);
3.3.3.16. Traffic Signal Levels 1, 2 & 3 (need 1 plan);
3.3.3.17. Workplace Violence (need 1 plan);
3.3.3.18. Scaffold Daily Inspection (need 1 plan);
3.4. Review Process
3.4.1. Basic EH&S programs (programs that do not require a high level of subject matter expertise) can be reviewed, updated, and/or developed by Contractor's junior and mid-level staff.
3.4.2. Complex EH&S programs (programs that require a higher level of subject matter expertise than basic programs) shall be assigned to Contractor's mid- level and Senior/Principal staff.
3.5. Approval Process
3.5.1. Contractor shall submit developed EH&S plans for review and approval in accordance with the process below.
3.5.2. First Draft
3.5.2.1. Contractor shall submit a copy of the first draft of the developed plan(s) to the City via email.
3.5.2.2. The draft plan(s) shall be in Word format.
3.5.2.3. The City will review the draft plan(s) and provide feedback/comments to Contractor.
3.5.3. Final Draft
3.5.3.1. Contractor shall submit the final draft of the developed plan(s), incorporating the City's feedback and comments, to the City via email.
3.5.3.2. The plan(s) shall be submitted in Word and PDF formats.
Agreement with BSI America Professional Services Inc.
Rev. 07-01-18
3.5.3.3. The City shall review and, if there are no issues, approve the final draft.
4. EH&S TRAINING AND DRILL SERVICES
4.1. Contractor shall provide training to SVP staff on the EH&S plans listed above.
4.2. Contractor shall be able to provide training in the following formats.
4.2.1. Onsite, instructor-led;
4.2.2. Remote, instructor-led; and
4.2.3. Computer-based (e-learning).
4.3. Training Cycles
4.3.1. Trainings may be given on the following cycles.
4.3.1.1. Annually;
4.3.1.2. Bi-annually;
4.3.1.3. Every three years;
4.3.1.4. Every five years.
4.3.2. Trainings may also be given on an as-needed basis.
4.3.3. The cycles for each training shall be driven by the rules and requirements for the particular EH&S plan.
4.3.4. Contractor shall track the training cycles using the compliance calendar.
4.4. Training Drills
4.4.1. Contractor shall also organize and conduct annual training drills, to include but not be limited to the following topics.
4.4.1.1. Emergency evacuation;
4.4.1.2. Active shooter;
4.4.1.3. Confined space rescue;
4.4.1.4. Hazardous material spill.
4.4.2. Drills shall include a drill plan and agenda to ensure SVP's objectives are met.
4.4.3. The drills shall include a debrief with all drill participants.
4.4.4. Contractor shall provide a report to the City after performing drills.
The report shall include observations, findings and
recommendations.
4.5. Upon request from SVP, Contractor shall develop customized computer-based electronic training, micro-video training, and/or virtual reality training for SVP Agreement with BSI America Professional Services Inc.
Rev. 07-01-18
staff. Contractor shall provide a quote to SVP before commencing any development of customized training.
4.6. Contractor shall provide refresher training courses, as requested.
5. AUDITS
5.1. Contractor shall conduct periodic EH&S audits at the request of the City.
5.2. Contractor shall conduct audits in accordance with local Certified Unified Program Agencies (CUPA), EPA, California OSHA, Federal OSHA and other applicable best practices standards.
5.3. Contractor's audits shall be fully scalable and customizable.
5.4. Audits shall have the following objectives.
5.4.1. Identifying whether or not SVP site operations comply with critical EH&S laws, regulations, and ordinances or best practices;
5.4.2. Identifying potential areas to reduce risk while increasing efficiency in a cost-effective manner; and
5.4.3. Creating a list of EH&S regulatory requirements that apply to the facility, and a "roadmap" in the form of a table that identifies actions needed to assist with closing any existing EH&S gaps in programs, policies and operations.
5.5. The assigned auditor(s) shall be familiar with the types of activities conducted at SVP facilities, and shall focus on the following.
5.5.1. Physically inspect the site operations and observe employee job tasks;
5.5.2. Compare current operations and programs with federal, state and local requirements; and
5.5.3. Maximize assessment comprehensiveness.
5.6. Site Visits
5.6.1. The assigned auditor(s) shall conduct a site visit.
5.6.2. During the site visit, the auditor(s) shall meet with designated SVP personnel who are familiar with site operations, and conduct a walkthrough inspection of the facility(s).
5.6.3. The auditor(s) shall perform visual inspections of any equipment, controls, and processes impacting EH&S, and EH&S program compliance and implementation.
5.6.4. The auditor(s) shall conduct brief interviews with SVP staff responsible for area and department operations such as facilities management, hazardous materials, emergency response, EH&S, training, recordkeeping, and other operations, as needed.
Agreement with BS! America Professional Services Inc.
Rev. 07-01-18
5.7. Contractor shall provide a report following each completed audit that includes remedies to address any deficiencies discovered during the audit.
5.7.1. Contractor shall provide cost estimates of the suggested remedies.
5.7.2. Contractor shall provide audit report within sixty (60) days of conducting the audit.
6. PROJECT QUOTES AND AUTHORIZATION OF WORK
6.1. When EH&S services are required by the City, City will request a quote from Contractor.
6.2. Contractor shall submit a quote for the required services and receive approval pursuant to this section in advance of commencing work.
6.3. Contractor's quote shall include the following details.
6.3.1. The specific service(s) to be performed;
6.3.2. Location(s) where services will be performed;
6.3.3. The project schedule for review and approval by SVP;
6.3.4. Estimated cost for the requested services, including the following.
Items not specified are assumed to be included in the hourly rate.
6.3.4.1. Labor costs;
6.3.4.2. Materials;
6.3.4.3. 6.3.4.4.
Any additional costs such as taxes, fees and reimbursable expenses, where applicable; and
Total not to exceed price.
6.3.5. The terms of this Agreement will prevail over any and all Contractor terms and conditions including, but not limited to any terms listed on a quote.
6.3.6. All submitted pricing shall be in accordance with the rates authorized in Exhibit B of this Agreement.
6.3.7. Items not included in the quote are assumed to be included in the hourly rate.
6.4. The City shall review the submitted quote and, if there are no issues or concerns, approve the quote and provide written authorization (approval) for Contractor to begin work. Written authorization may only be provided by a Division Manager, Senior Division Manager, Assistant Director of the Electric Utility, Electric Utility Chief Operating Officer, or Chief Electric Utility Officer (email is acceptable).
6.5. Changes
6.5.1. Contractor shall notify the City immediately when a situation occurs that may result in a change to the quoted project cost. Contractor Agreement with BSI America Professional Services Inc.
Rev. 07-01-18
shall provide reason for the change specific to each work authorization.
6.5.2. Contractor shall submit to the City an updated quote for review and approval from the City in advance of performing the work. Written authorization may only be provided by a Division Manager, Senior Division Manager, Assistant Director of the Electric Utility, Electric Utility Chief Operating Officer, or Chief Electric Utility Officer.
6.6. SVP shall not be required to pay a deposit or any other form of pre-payment prior to the Contractor beginning work.
Agreement with BSI America Professional Services Inc.
Rev. 07-01-18
EXHIBIT B
SCHEDULE OF FEES AND PAYMENT PROVISIONS
1. MAXIMUM COMPENSATION
The maximum amount of compensation to be paid to Contractor during the Initial Term of this Agreement shall not exceed Six Hundred Thousand dollars ($600,000).
2. EH&S PLAN REVIEW, DEVELOPMENT AND AUDIT SERVICE RATES
2.1. Contractor shall perform the required EH&S plan review, development, and audit services in accordance with the hourly rates listed in Table B1 Hourly Rates below.
2.1.1. EH&S services performed by Contractor staff located in the State of California shall be compensated at the California rates.
2.1.2. EH&S services performed by Contractor staff from geographical areas outside of California shall be compensated at the National rates.
Table B1 - Hourly Rates
Position Calendar Year 2022 Rate Calendar Year 2023 Rate Calendar Year 2024 Rate California National Rates California National Rates California National Rates Rates (excluding Rates (excluding Rates (excluding
California) California) California)
Management $99/HR $99/HR $103/HR $103/HR $103/HR $103/HR Administrator
Production Technician
Consulting Technician $131/HR $127/HR $136/HR $132/HR $136/HR $132/HR Consulting Specialist $150/HR $139/HR $156/HR $145/HR $156/HR $145/HR Associate Consultant $187/HR $177/HR $195/HR $184/HR $195/HR $184/HR Consultant $215/HR $204/HR $224/HR $212/HR $224/HR $212/HR Senior Consultant $253/HR $219/HR $263/HR $228/HR $263/HR $228/HR Principal Consultant $281/HR $239/HR $292/HR $249/HR $292/HR $249/HR
2.2. Definitions:
2.2.1. Straight time: 7:00 AM - 7:00 PM, Monday through Friday.
2.2.2. Overtime: Work performed outside of the straight time hours in Section 2.2.1 is billed at 150% hourly bill rate listed. Any work requiring overtime rates shall be expressly identified and approved in writing by the City prior to commencing work.
2.3. Contractor may request adjustments to the compensation rates beginning in year 4 of this Agreement and including option periods.
Agreement with BSI America Professional Services Inc.
Rev. 07-01-18
2.3.1. Contractor shall notify City ninety (90) days in advance of any proposed rate increase.
2.3.2. The Contractor must demonstrate to the satisfaction of the City that a price increase is warranted.
2.3.3. City approval or denial of the requested rate adjustment will be provided in writing (e-mail acceptable).
2.3.4. Rate adjustments may be requested no more than once per calendar year.
2.3.5. Any approved rate adjustment shall not exceed 4%.
3. REIMBURSABLE EXPENSES
3.1. Contractor may submit invoices for reimbursement of expenses set forth below, subject to the following conditions.
3.2. Expenses shall be reimbursable only to the extent that the Contractor submits sufficient documentation to City that the expenses were directly incurred in providing the required services and that such expenses aren't included in fixed or hourly rates.
3.3. The following expenses shall be reimbursable by City.
3.3.1. Travel-related expenses (mileage, lodging, meals, etc.);
3.3.1.1 . Unless approved in writing (e-mail acceptable) in advance, meals, lodging, and related Per Diem shall not exceed the rates outlined by United States General Services
Administration (GSA).
https://www.gsa.gov/travel-resources
3.3.1.2. City shall not reimburse local travel (within Santa Clara County).
3.3.2. The rental of any specialized equipment to the extent City has preapproved, in writing, the cost of such rental.
3.3.3. The cost of mailing, shipping and/or delivery of any documents or materials on behalf of City.
3.3.4. Any other expenses expressly identified as being reimbursable.
3.4. Except as specified above, City will reimburse these expenses at actual cost only.
3.5. An estimate of reimbursable expenses shall be included in each quote.
4. INVOICING
4.1. Contractor shall submit an invoice to City upon the completion of services, pursuant to this Agreement.
Agreement with BSI America Professional Services Inc.
Rev. 07-01-18
4.2. Each invoice shall include the tasks performed and the costs for each task with sufficient information for the City to verity that services were provided at the rates specified in this Agreement.
4.3. If City disputes an expense in an invoice, City may deduct the disputed expense from the payment of that invoice, provided that City submits to Contractor a written explanation of why the expense is being disputed.
5. PAYMENT TO CONTRACTOR
5.1. City shall review the invoice submitted by Contractor and shall notify Contractor of any discrepancies or deficiencies in said invoice.
5.2. If there are no discrepancies or deficiencies in the submitted invoice, City shall process the invoice for payment.
Agreement with BSI America Professional Services Inc.
Rev. 07-01-18
EXHIBIT C
INSURANCE REQUIREMENTS
Without limiting the Contractor's indemnification of the City, and prior to commencing any of the Services required under this Agreement, the Contractor shall provide and maintain in full force and effect, at its sole cost and expense, the following insurance policies with at least the indicated coverages, provisions and endorsements:
A. COMMERCIAL GENERAL LIABILITY INSURANCE
1. Commercial General Liability Insurance policy which provides coverage at least as broad as Insurance Services Office form CG 00 01. Policy limits are subject to review, but shall in no event be less than, the following:
$2,000,000 each occurrence
$2,000,000 General aggregate
$2,000,000 Products/Completed Operations aggregate
$2,000,000 Personal Injury
2. Exact structure and layering of the coverage shall be left to the discretion of Contractor; however, any excess or umbrella policies used to meet the required limits shall be at least as broad as the underlying coverage and shall otherwise follow form.
3. The following provisions shall apply to the Commercial Liability policy as well as any umbrella policy maintained by the Contractor to comply with the insurance requirements of this Agreement:
a. Coverage shall be on a "pay on behalf' basis with defense costs payable in addition to policy limits;
b. There shall be no cross-liability exclusion which precludes coverage for claims or suits by one insured against another; and c. Coverage shall apply separately to each insured against whom a claim is made or a suit is brought, except with respect to the limits of liability.
B. BUSINESS AUTOMOBILE LIABILITY INSURANCE
Business automobile liability insurance policy which provides coverage at least as broad as ISO form CA 00 01 with policy limits a minimum limit of not less than one million dollars ($1,000,000) each accident using, or providing coverage at least as broad as, Insurance Services Office form CA 00 01. Liability coverage shall apply to all owned, non-owned and hired autos.
In the event that the Work being performed under this Agreement involves transporting of hazardous or regulated substances, hazardous or regulated Agreement with BSI America Professional Services Inc.
Rev. 07-01-18
wastes and/or hazardous or regulated materials, Contractor and/or its subcontractors involved in such activities shall provide coverage with a limit of two million dollars ($2,000,000) per accident covering transportation of such materials by the addition to the Business Auto Coverage Policy of Environmental Impairment Endorsement MCS90 or Insurance Services Office endorsement form CA 99 48, which amends the pollution exclusion in the standard Business Automobile Policy to cover pollutants that are in or upon, being transported or towed by, being loaded onto, or being unloaded from a covered auto.
C. WORKERS' COMPENSATION
1. Workers' Compensation Insurance Policy as required by statute and employer's liability with limits of at least one million dollars ($1,000,000) policy limit Bodily Injury by disease, one million dollars ($1,000,000) each accident/Bodily Injury and one million dollars ($1,000,000) each employee Bodily Injury by disease.
2. The indemnification and hold harmless obligations of Contractor included in this Agreement shall not be limited in any way by any limitation on the amount or type of damage, compensation or benefit payable by or for Contractor or any subcontractor under any Workers' Compensation Act(s), Disability Benefits Act(s) or other employee benefits act(s).
3. This policy must include a Waiver of Subrogation in favor of the City of Santa Clara, its City Council, commissions, officers, employees, volunteers and agents.
D. PROFESSIONAL LIABILITY
Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against negligent acts, errors or omissions of the Contractor. Covered services as designated in the policy must specifically include work performed under this agreement Coverage shall be in an amount of not less than one million dollars ($1,000,000) per claim or two million dollars ($2,000,000) aggregate. Any coverage containing a deductible or self-retention must first be approved in writing by the City Attorney's Office.
E. COMPLIANCE WITH REQUIREMENTS
All of the following clauses and/or endorsements, or similar provisions, must be part of each commercial general liability policy, and each umbrella or excess policy.
1. Additional Insureds. City of Santa Clara, its City Council, commissions, officers, employees, volunteers and agents are hereby added as additional insureds in respect to liability arising out of Contractor's work for City, using Insurance Services Office (ISO) Endorsement CG 20 10 11 85 Agreement with BSI America Professional Services Inc.
Rev. 07-01-18
or the combination of CG 20 10 03 97 and CG 20 37 10 01, or its equivalent.
2. Primary and non-contributing. Each insurance policy provided by Contractor shall contain language or be endorsed to contain wording making it primary insurance as respects to, and not requiring contribution from, any other insurance which the Indemnities may possess, including any self-insurance or self-insured retention they may have. Any other insurance Indemnities may possess shall be considered excess insurance only and shall not be called upon to contribute with Contractor's insurance.
3. General Aggregate. The general aggregate limits shall apply separately to Contractor's work under this Agreement providing coverage at least as broad as Insurance Services Office (ISO) Endorsement CG 2503, 1985 Edition, or insurer's equivalent (CGL);
4. Cancellation.
5. a. Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided due to non-payment of premiums shall be effective until written notice has been given to City at least ten (10) days prior to the effective date of such modification or cancellation. In the event of non-renewal, written notice shall be given at least ten (10) days prior to the effective date of non-renewal.
b. Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided for any cause save and except non-payment of premiums shall be effective until written notice has been given to City at least thirty (30) days prior to the effective date of such modification or cancellation. In the event of non-renewal, written notice shall be given at least thirty (30) days prior to the effective date of nonrenewal.
Other Endorsements. Other endorsements may be required for policies other than the commercial general liability policy if specified in the description of required insurance set forth in Sections A through D of this Exhibit C, above.
F. ADDITIONAL INSURANCE RELATED PROVISIONS
Contractor and City agree as follows:
1. Contractor agrees to ensure that subcontractors, and any other party involved with the Services who is brought onto or involved in the performance of the Services by Contractor, provide the same minimum insurance coverage required of Contractor, except as with respect to Agreement with BSI America Professional Services Inc.
Rev. 07-01-18
limits. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Agreement. Contractor agrees that upon request by City, all agreements with, and insurance compliance documents provided by, such subcontractors and others engaged in the project will be submitted to City for review.
2. Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto.
3. The City reserves the right to withhold payments from the Contractor in the event of material noncompliance with the insurance requirements set forth in this Agreement.
G. EVIDENCE OF COVERAGE
Prior to commencement of any Services under this Agreement, Contractor, and each and every subcontractor (of every tier) shall, at its sole cost and expense, provide and maintain not less than the minimum insurance coverage with the endorsements and deductibles indicated in this Agreement. Such insurance coverage shall be maintained with insurers, and under forms of policies, satisfactory to City and as described in this Agreement. Contractor shall file with the City all certificates and endorsements for the required insurance policies for City's approval as to adequacy of the insurance protection.
H. EVIDENCE OF COMPLIANCE
Contractor or its insurance broker shall provide the required proof of insurance compliance, consisting of Insurance Services Office (ISO) endorsement forms or their equivalent and the ACORD form 25-S certificate of insurance (or its equivalent), evidencing all required coverage shall be delivered to City, or its representative as set forth below, at or prior to execution of this Agreement.
Upon City's request, Contractor shall submit to City copies of the actual insurance policies or renewals or replacements. Unless otherwise required by the Agreement with BSI America Professional Services Inc.
Rev. 07-01-18
terms of this Agreement, all certificates, endorsements, coverage verifications and other items required to be delivered to City pursuant to this Agreement shall be mailed to:
EBIX Inc.
City of Santa Clara
P.O. Box 100085- S2 or
Duluth, GA 30096
Telephone number: 951-766-2280
Fax number: 770-325-0409
Email address: [email protected]
I. QUALIFYING INSURERS
1 EbixWay
John's Creek, GA 30097
All of the insurance companies providing insurance for Contractor shall have, and provide written proof of, an A. M. Best rating of at least A minus 6 (A- VI) or shall be an insurance company of equal financial stability that is approved by the City or its insurance compliance representatives.
Agreement with BSI America Professional Services Inc.
Rev. 07-01-18
EBIX Insurance No. S200003596
AGREEMENT FOR SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA
AND
ESCI, INC.
DOING BUSINESS AS
ELECTRICAL SAFETY CONSULTANTS, INC.
PREAMBLE
This Agreement is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and Electrical Safety Consultants, Inc. (ESCI, Inc.,) a Washington Corporation doing business as Electrical Safety Consulta~ts, Inc. (Contractor). City and Contractor may be referred to individually as a "Party" dr collectively as the "Parties" or the "Parties to this Agreement."
RECITALS
A. City desires to secure the services more fully described in this Agreem~nt, at Exhibit A, entitled "Scope of Services"; I
B. Contractor represents that it, and its subcontractors, if any, have the professional qualifications, expertise, necessary licenses and desire to provide certain goods and/or required services of the quality and type which meet objectives and requirements of City; and,
C. The Parties have specified herein the terms and conditions under which such services will be provided and paid for.
The Parties agree as follows:
AGREEMENT TERMS AND CONDITIONS
1. AGREEMENT DOCUMENTS
The documents forming the entire Agreement between City and Contractor shall consist of these Terms and Conditions and the following Exhibits, which are hereby incorporated into this Agreement by this reference:
Exhibit A - Scope of Services
Exhibit B - Schedule of Fees
Exhibit C - Insurance Requirements
Agreement with ESCI, 1.nc.
Rev. 07-01-18
This Agreement, including the Exhibits set forth above, contains all the agreements, representations and understandings of the Parties, and supersedes and replaces any previous agreements, representations and understandings, whether oral or written. In the event of any inconsistency between the provisions of any of the Exhibits and the Terms and Conditions, the Terms and Conditions shall govern and control.
2. TERM OF AGREEMENT
A. Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the term of this Agreement shall begin on June 1, 2022 and expire on January 31, 2027 ("Initial Term").
B. After the Initial Term, City reserves the right, at its sole discretion, to extend the term of this Agreement for up to five (5) additional one-year terms through January 31, 2032 ("Option Periods"). City shall provide Contractor with no less than thirty (30) days prior written notice of its intention to exercise its option to extend the term of this Agreement, unless the Parties mutual agree to waive such notice. The Parties shall execute an Amendment to extend the term.
3. SCOPE OF SERVICES & PERFORMANCE SCHEDULE
Contractor shall perform those Services specified in Exhibit A within the time stated in Exhibit A. Time is of the essence.
4. WARRANTY
Contractor expressly warrants that all materials and services covered by this Agreement shall be fit for the purpose intended, shall be free from defect and shall conform to the specifications, requirements and instructions upon which this Agreement is based. Contractor agrees to promptly replace or correct any incomplete, inaccurate or defective Services at no further cost to City when defects are due to the negligence, errors or omissions of Contractor. If Contractor fails to promptly correct or replace materials or services, City may make corrections or replace materials or services and charge Contractor for the cost incurred by City.
5. QUALIFICATIONS OF CONTRACTOR- STANDARD OF CARE
Contractor represents and maintains that it has the expertise in the professional calling necessary to perform the Services. and its duties and obligations. expressed and implied, contained herein, and City expressly relies upon Contractor's representations regarding its skills and knowledge. Contractor shall perform such Services and duties in conformance to and consistent with the professional standards of a specialist in the same discipline in the State of California.
Agreement with ESCI, Inc.
Rev. 07-01-18
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6. COMPENSATION AND PAYMENT
In consideration for Contractor's complete performance of Services, City shall pay Contractor for all materials provided and Services rendered by Contractor in accordance with Exhibit B, entitled "SCHEDULE OF FEES AND PAYMENT PROVISIONS." The Maximum Compensation of this Agreement during the Initial Term is Five Hundred Thousand Dollars ($500,000), subject to budget appropriations, which includes all payments that may be authorized for Services and for expenses, supplies, materials and equipment required to perform the Services. All work performed or materials provided in excess of the Maximum Compensation shall be at Contractor's expense. City does not guarantee any minimum compensation under this Agreement. Contractor shall not be entitled to any payment above the Maximum Compensation under any circumstance.
7. TERMINATION
A. Termination for Convenience. City shall have the right to terminate this Agreement, without cause or penalty, by giving not less than Thirty (30) days' prior written notice to Contractor.
B. Termination for Default. If Contractor fails to perform any of its material obligations under this Agreement, in addition to all other remedies provided by law, City may terminate this Agreement immediately upon written notice to Contractor.
C. Upon termination, each Party shall assist the other in arranging an orderly transfer and close-out of services. As soon as possible following the notice of termination, but no later than ten (10) days after the notice of termination, Contractor will deliver to City all City information or material that Contractor has in its possession.
8. ASSIGNMENT AND SUBCONTRACTING
City and Contractor bind themselves, their successors and assigns to all covenants of this Agreement. This Agreement shall not be assigned or transferred without the prior written approval of City. Contractor shall not hire subcontractors without express written permission from City.
Contractor shall be as fully responsible to City for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as Contractor is for the acts and omissions of persons directly employed by it.
9. NO THIRD-PARTY BENEFICIARY
This Agreement shall not be construed to be an agreement for the benefit of any third party or parties and no third party or parties shall have any claim or right of action under this Agreement for any cause whatsoever.
Agreement with ESCI, Inc.
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10. INDEPENDENT CONTRACTOR
Contractor and all person(s) employed by or contracted with Contractor to furnish labor and/or materials under this Agreement are independent contractors and do not act as 11gent(s) or employee(s) of City. Contractor has full rights to manage its employees in their performance of Services under this Agreement.
11. CONFIDENTIALITY OF MATERIAL
All ideas, memoranda, specifications, plans, manufacturing procedures, data, drawings, descriptions, documents, discussions or other information developed or received by or for Contractor and all other written information submitted to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor and shall not, without the prior written consent of City, be used for any purposes other than the performance of the Services nor be disclosed to an entity not connected with performance of the Services. Nothing furnished to Contractor which is otherwise known to Contractor or becomes generally known to the related industry shall be deemed confidential.
12. OWNERSHIP OF MATERIAL
All material, which shall include, but not be limited to, data, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports, designs, technology, programming, works of authorship and other material developed, collected, prepared or caused to be prepared under this Agreement shall be the property of City but Contractor may retain and use copies thereof. City shall not be limited in any way or at any time in its use of said material. However, Contractor shall not be responsible for damages resulting from the use of said material for work other than Project, including, but not limited to, the release of this material to third parties.
13. RIGHT OF CITY TO INSPECT RECORDS OF CONTRACTOR
City, through its authorized employees, representatives or agents shall have the right during the term of this Agreement and for four (4) years from the date of final payment for goods or services provided under this Agreement, to audit the books and records of Contractor for the purpose of verifying any and all charges made by Contractor in connection with Contractor compensation under this Agreement, including termination of Contractor. Contractor agrees to maintain sufficient books and records in accordance with generally accepted accounting principles to establish the correctness of all charges submitted to City. Any expenses not so recorded shall be disallowed by City. Contractor shall bear the cost of the audit if the audit determines that there has been a substantial billing deviation in excess of five (6) percent adverse to the City.
Contractor shall submit to City any and all reports concerning its performance under this Agreement that may be requested by City in writing. Contractor agrees Agreement with ESCI, Inc.
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to assist City in meeting City's reporting requirements to the State and other agencies with respect to Contractor's Services hereunder.
14. HOLD HARMLESS/INDEMNIFICATION
A. To the extent permitted by law, Contractor agrees to protect, defend, hold harmless and indemnify City, its City Council, commissions, officers, employees, volunteers and agents from and against any claim, injury, liability, loss, cost, and/or expense or damage, including all costs and attorney's fees in providing a defense to any such claim or other action, and whether sounding in law, contract, tort, or equity, in any manner arising from, or alleged to arise in whole or in part from, or in any way connected with the Services performed by Contractor pursuant to this Agreement - including claims of any kind by Contractor's employees or persons contracting with Contractor to perform any portion of the Scope of Services - and shall expressly include passive or active negligence by City connected with the Services. However, the obligation to indemnify shall not apply if such liability is ultimately adjudicated to have arisen through the sole active negligence or sole willful misconduct of City; the obligation to defend is not similarly limited.
B. Contractor's obligation to protect, defend, indemnify, and hold harmless in full City and City's employees, shall specifically extend to any and all employment-related claims of any type brought by employees, contractors, subcontractors or other agents of Contractor, against City (either alone, or jointly with Contractor), regardless of venue/jurisdiction in which the claim is brought and the manner of relief sought.
C. To the extent Contractor is obligated to provide health insurance coverage to its employees pursuant to the Affordable Care Act ("Act") and/or any other similar federal or state law, Contractor warrants that it is meeting its obligations under the Act and will fully indemnify and hold harmless City for any penalties, fines, adverse rulings, or tax payments associated with Contractor's responsibilities under the Act.
15. INSURANCE REQUIREMENTS
During the term of this Agreement, and for any time period set forth in Exhibit C, Contractor shall provide and maintain in full force and effect, at no cost to City, insurance policies as set forth in Exhibit C.
16. WAIVER
Contractor agrees that waiver by City of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement. Neither City's review, acceptance nor payments for any of the Services required under this Agreement Agreement with ESCI, Inc.
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shall be constructed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement.
17. NOTICES
All notices to the Parties shall, unless otherwise requested in writing, be sent to City addressed as follows:
City of Santa Clara
Attention: Silicon Valley Power
1500 Warburton Avenue
Santa Clara, CA 95050
[email protected], [email protected], and [email protected]
And to Contractor addressed as follows:
ESCI, Inc.
P.O Box 7210 Mesa, AZ. 85216
Phone: (360)-676-8808
ATTN: Barry Kropp
Email: [email protected]
The workday the e-mail was sent shall control the date notice was deemed given.
An e-mail transmitted after 1:00 p.m. on a Friday shall be deemed to have been transmitted on the following business day.
18. COMPLIANCE WITH LAWS
Contractor shall comply with all applicable laws and regulations of the federal, state and local government, including but not limited to "The Code of the City of Santa Clara, California" ("SCCC"). In particular, Contractor's attention is called to the regulations regarding Campaign Contributions (SCCC Chapter 2.130), Lobbying (SCCC Chapter 2.155), Minimum Wage (SCCC Chapter 3.20), Business Tax Certificate (SCCC section 3.40.060), and Food and Beverage Service Worker Retention (SCCC Chapter 9.60), as such Chapters or Sections may be amended from time to time or renumbered. Additionally Contractor has read and agrees to comply with City's Ethical Standards (http://santac!araca.qov/home/showdocument?id;:.;582Qffi.
19. CONFLICTS OF INTEREST
Contractor certifies that to the best of its knowledge, no City officer, employee or authorized representative has any financial interest in the business of Contractor and that no person associated with Contractor has any interest, direct or indirect, which could conflict with the faithful performance of this Agreement. Contractor is familiar with the provisions of California Government Code section 87100 and Agreement with ESCI, Inc.
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following, and certifies that it does not know of any facts which would violate these code provisions. Contractor will advise City if a conflict arises.
20. FAIR EMPLOYMENT
Contractor shall not discriminate against any employee or applicant for employment because of race, sex, color, religion, religious creed, national origin, ancestry, age, gender, marital status, physical disability, mental disability, medical condition, genetic information, sexual orientation, gender expression, gender identity, military and veteran status, or ethnic background, in violation of federal, state or local law.
21. NO USE OF CITY NAME OR EMBLEM
Contractor shall not use City's name, insignia, or emblem, or distribute any information related to services under this Agreement in any magazine, trade paper, newspaper or other medium without express written consent of City.
22. GOVERNING LAW AND VENUE
This Agreement shall be governed and construed in accordance with the statutes and laws of the State of California. The venue of any suit filed by either Party shall be vested in the state courts of the County of Santa Clara, or if appropriate, in the United Stales District Court, Northern District of California, San Jose, California.
23. SEVERABILITY CLAUSE
In case any one or more of the provisions in this Agreement shall, for any reason, be held invalid, illegal or unenforceable in any respect, it shall not affect the validity of the other provisions, which shall remain in full force and effect.
24. AMENDMENTS
This Agreement may only be modified by a written amendment duly authorized and executed by the Parties to this Agreement.
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25. COUNTERPARTS
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but both of which shall constitute one and the same instrument.
The Parties acknowledge and accept the terms and conditions of this Agreement as evidenced by the following signatures of their duly authorized representatives.
CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
cSJ72n1:
Officeoffhe City"° Attorney
City of Santa Clara
1~~1/£,,) a1vBatra
"CITY"
ESCI, INC.
City Manager
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
DOING BUSINESS AS
ELECTRICAL SAFETY CONSULTANTS, INC.
A Washington Corporation
Dated: _fp_,_/_'2.._$/_u__________ _
By (Signature):-~_..,_---'-'-...;:; . ..-:...~6=----------- Name: _Bc._a_r~ryL.-;._Kr--=o'-"p--"-p _____ _ ______ _ Title: CEO
----------------- Pr inc i pa I Place of
Business Address: P.O Box 7210 Mesa, AZ 85216
Email Address: [email protected]
Telephone: 360-676-8088
Agreement with ESCI, Inc.
Rev. 07-01.18
"CONTRACTOR"
Pages
ATTACHMENT A- STATEMENT OF REQUIREMENTS
1. GENERAL
1.1. Contractor shall provide electrical safety services, in support of Silicon Valley Power (SVP), the City of Santa Clara's electric utility.
1.2. Contractor shall perform the required electrical safety services in accordance with Environmental Protection Agency (EPA), Occupational Safety and Health Administration (OSHA), California OSHA, and other relevant regulatory agency requirements.
1.3. Electrical safety services shall include, but not be limited to:
1.3.1. Reviewing SVP's current environmental, health and safety plans, permits, and procedures (collectively, "EH&S plans") that comprise the department's safety manual;
1.3.2. Developing new electrical safety plans as needed to keep the SVP safety manual updated and compliant with OSHA;
1.3.3. Providing trainings and drills on the various electrical safety plans;
1.3.4. Providing audits as needed; and
1.3.5. Creation and management of a comprehensive electrical safety compliance program.
1.4. Contractor shall stay up to date on emerging State and/or Federal issues that may affect SVP utility operations, and inform SVP of any such issues.
Contractor shall update/develop electrical safety plans to reflect the changes accordingly.
1.5. Contractor shall develop a 5-year compliance calendar that will be used to track when critical tasks need to be performed for applicable electrical safety plans including, but not limited to: reviews; updates; employee trainings; drills; and audits.
1.5.1. Contractor shall update the calendar as required by SVP.
1.5.2. Contractor shall provide SVP with the most updated version of the calendar.
1.6. Contractor shall provide a 24/7 /365 emergency contact number to SVP.
1.7. "City" and "SVP" are used interchangeably throughoutthis Agreement.
2. ELECTRICAL SAFETY PLAN REVIEW SERVICES
2.1. General
2.1.1. On at least an annual basis, Contractor shall review SVP's current electrical safety plans to ensure compliance with current EPA, California OSHA, Federal OSHA, and other relevant regulatory agency requirements.
Agreement with ESCI, Inc..
Rev. 07-01-18
2.1.1.1. Contractor shall review and update each electrical safety plan in accordance with the requirements specific to the respective plan and/or applicable regulatory agency.
2.1.1.2. Contractor shall include and track the review dates in the 5- year compliance calendar.
2.1.1.3. Plan reviews shall be conducted by Contractor employees who are subject matter experts within the technical areas of electrical safety.
2.1.2. When Contractor updates electrical safety plans, Contractor shall provide a red-lined version of each plan in accordance with Section 2.3 below.
2.2. Current Electrical Safety Plans: Contractor shall review the electrical safety plans listed below.
2.2.1. Safety
2.2.1.1. Fall Protection and Post Fall Rescue (1 plan);
2.2.1.2. Enclosed Space Entrant, Attendant, and Supervisor (1 plan);
2.2.1.3. Personal Protective Equipment (PPE) (1 plan);
2.2.1.4. Capacitors (1 plan);
2.2.1.5. Electrical Grounding (1 plan);
2.2.1.6. Working on or Near Exposed Energized Parts (1 plan);
2.2.1.7. Hot Stick/Live Line Tools Testing (1 plan);
2.2.1.8. Personal Protective Grounds Testing (1 plan);
2.2.1.9. Pole-Top/Bucket TruckNault Rescue (1 plan);
2.2.1.10. Rubber Glove Certification Course & Re-Certification (1 plan);
2.2.1.11. Electric Meter Setting & Installation (1 plan);
2.2.1.12. Live Line Tool Application & Maintenance (1 plan);
2.2.1.13. Setting /Removing/Testing Wood Poles (1 plan);
2.2.1.14. Hot washing of electrical equipment (1 plan);
2.2.1.15. Protective Grounding Procedures (1 plan);
2.2.1.16. Use and care of aerial lifts for rubber glove work (1 plan);
2.2.1.17. Use and care of rubber gloves and other insulating equipment and devices for distribution line work (1 plan).
2.3. Safety Plan Review and Approval
2.3.1. When Contractor updates electrical safety plans, Contractor shall follow the review and approval process below.
Agreement with ESCI, Inc.
Rev. 07-01-18