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HomeMy WebLinkAbout4.6 Approve Agreements for Senate Bill 1383 Implementation, Solid Waste Franchise Agreement Support, and Stormwater ServicesSTAFF REPORT CITY COUNCIL Page 1 of 3 Agenda Item 4.6 DATE:June 1, 2021 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:Approve Agreements for Senate Bill 1383 Implementation, Solid Waste Franchise Agreement Support, and Stormwater Services Prepared by: Michelle Sung, Environmental Technician EXECUTIVE SUMMARY: The City Council will consider approving agreements for Senate Bill 1383 Implementation Assistance, Solid Waste Franchise Agreement Amendment and Senate Bill 1383 Implementation, and for Municipal Regional Stormwater National Pollutant Discharge Elimination System Permit Inspections and Illicit Discharge Response Services. STAFF RECOMMENDATION: Take the following actions: 1) Adopt the Resolution Approving an Agreement with Cascadia Consulting Group, Inc. for Senate Bill 1383 Implementation Assistance; 2) Adopt the Resolution Approving an Agreement with HF&H Consultants, LLC for Solid Waste Franchise Agreement Amendment and Senate Bill 1383 Implementation; and 3) Adopt the Resolution Approving an Agreement with Surf to Snow Environmental Resource Management, Inc. for Stormwater Inspections and Illicit Discharge Response Services. FINANCIAL IMPACT: The cost of the services and procurement will be charged to the Public Works Department in accordance with the adopted annual budget. The table below lists the budgeted funding sources. Contract Cost Budgeted Funding Sources Cascadia Consulting Group, Inc.$276,390 Alameda County Waste Reduction and Recycling Initiative (Measure D) Fund HF&H Consultants, LLC $111,075 Measure D Fund Surf to Snow Environmental Resource Management, Inc. $168,922 General Fund (Environmental Programs) 119 Page 2 of 3 DESCRIPTION: The Public Works Department utilizes contractors to assist with program development and implementation. Services include assisting Staff to develop programs required by new legislation and to assist with regular, on-going mandated programs such as conducting annual inspections. Contractors are solicited through an open and competitive request for proposals (RFP) process. The City recently issued RFP’s for a variety of technical needs described below. RFPs were sent to firms and vendors previously under contract with the City and to those that had expressed interest in receiving RFPs. The RFPs were also posted on the City's website. SB 1383 Implementation Assistance Three submissions were received in response to the RFP for SB 1383 Implementation Assistance. After reviewing the proposals, Staff is recommending Cascadia Consulting Group, Inc., a firm that provides related services and outreach to other jurisdictions in Alameda County and various municipalities around the Bay Area. The proposed budget is $276,390 over the three-year contract term. Solid Waste Franchise Agreement Amendment and SB 1383 Implementation One submission was received in response to the RFP for Solid Waste Franchise Agreement Amendment and SB 1383 Implementation. After reviewing the proposal, Staff is recommending HF&H Consultants, LLC provide the services. HF&H has related experience in SB 1383 implementation and negotiation with AVI’s affiliate companies in neighboring cities including Castro Valley, Livermore, Pleasanton, and San Ramon. The proposed budget is $111,075 over the two-year contract term, with most of the funds anticipated to be expended in the first contract year. Municipal Regional Stormwater National Pollutant Discharge Elimination System (NPDES) Permit Inspections and Illicit Discharge Response Services Five submissions were received in response to the RFP for NPDES Permit Inspections and Illicit Discharge Response Services. After reviewing the proposals, Staff is recommending Surf to Snow Environmental Resource Management, Inc. provide the services. Surf to Snow has provided these services to the City since March 2016 and provides similar services in Newark. The proposed budget is $168,922 over the three-year contract term. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. 120 Page 3 of 3 ATTACHMENTS: 1) Resolution Approving an Agreement with Cascadia Consulting Group, Inc. for Senate Bill 1383 Implementation Assistance 2) Exhibit A to the Resolution –Agreement with Cascadia Consulting Group, Inc. 3) Resolution Approving an Agreement with HF&H Consultants, LLC for Solid Waste Franchise Agreement Amendment and Senate Bill 1383 Implementation 4) Exhibit A to the Resolution –Agreement with HF&H Consultants, LLC 5) Resolution Approving an Agreement with Surf to Snow Environmental Resource Management, Inc. for Stormwater Inspections and Illicit Discharge Response Services 6) Exhibit A to the Resolution –Agreement with Surf to Snow Environmental Resource Management, Inc. 7) Requests for Proposals 8) Proposals 121 Attachment 1 Reso. No. XX-21, Item X.X, Adopted XX/XX/21 Page 1 of 2 RESOLUTION NO. XX – 21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AN AGREEMENT WITH CASCADIA CONSULTING GROUP, INC. FOR SENATE BILL 1383 IMPLEMENTATION ASSISTANCE WHEREAS, the California legislature enacted Senate Bill (SB) 1383, Short-Lived Climate Pollutants, in September 2016 with the goal to reduce short-lived climate pollutants by mandating a reduction in disposal of organic waste in landfills, among other requirements on dairies and waste haulers; and WHEREAS, the California Department of Resources Recycling and Recovery (CalRecycle) was given the regulatory authority to achieve the desired organic waste reduction targets; and WHEREAS,CalRecycle developed final rulemaking for SB 1383 with an implementation date of January 1, 2022; and WHEREAS,Staff issued a Request for Proposals (RFP) for SB 1383 Implementation Assistance for support with program development and implementation efforts; and WHEREAS,the City received three responses to the RFP; and WHEREAS,Staff reviewed and evaluated the proposals in accordance with the RFP rating criteria and determined that Cascadia Consulting Group, Inc. best met the City desired scope of services, based on quality, completeness of the submission, and the firm’s experience with engagements of similar scope and complexity; and WHEREAS, the City desires to enter into an agreement with Cascadia Consulting Group for a not to exceed amount of $276,390 over a three-year term for SB 1383 implementation assistance. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the Agreement with Cascadia Consulting Group, Inc. attached hereto as Exhibit A. BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Agreement and make any necessary, non-substantive changes to carry out the intent of this Resolution. PASSED, APPROVED AND ADOPTED this 1st day of June 2021, by the following vote: AYES: NOES: ABSENT: 122 Reso. No. XX-21, Item X.X, Adopted XX/XX/21 Page 2 of 2 ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk 123 Services Agreement between June 2, 2021 City of Dublin and Cascadia Consulting Group, Inc Page 1 of 15 CONTRACTOR SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND CASCADIA CONSULTING GROUP, INC. THIS AGREEMENT for contract services is made by and between the City of Dublin (“City”) and Cascadia Consulting Group, Inc. (“Contractor”) (together sometimes referred to as the “Parties”) as of June 2, 2021 (the “Effective Date”). Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail. 1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on June 30, 2024 the date of completion specified in Exhibit A, and Contractor shall complete the work described in Exhibit A on or before that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Contractor to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as referenced in Section 8. Notwithstanding the foregoing this Agreement may be extended on a month to month basis for up to 6 months upon the written consent of the Contractor and the City Manager, provided that: a) sufficient funds have been appropriated for such purchase, b) the price charged by the Contractor for the provision of the serves described in Exhibit A does not increase. None of the foregoing shall affect the City’s right to terminate the Agreement as provided for in Section 8. 1.2 Standard of Performance. Contractor shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Contractor is engaged. 1.3 Assignment of Personnel. Contractor shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Contractor shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. 1.4 Time. Contractor shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Subsection 1.2 above and to satisfy Contractor’s obligations hereunder. 1.5 [Intentionally Deleted] 1.6 [Intentionally Deleted] Section 2. COMPENSATION. City hereby agrees to pay Contractor a sum not to exceed $276,390, notwithstanding any contrary indications that may be contained in Contractor’s proposal, for services to be Attachment 2 124 Services Agreement between June 2, 2021 City of Dublin and Cascadia Consulting Group, Inc Page 2 of 15 performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Contractor’s proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Contractor for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Contractor for services rendered pursuant to this Agreement. Contractor shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Contractor shall not bill City for duplicate services performed by more than one person. Contractor and City acknowledge and agree that compensation paid by City to Contractor under this Agreement is based upon Contractor’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Contractor. Consequently, the Parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Contractor and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. 2.1 Invoices. Contractor shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. No individual performing work under this Agreement shall bill more than 2,000 hours in a fiscal year unless approved, in writing, by the City Manager or his/her designee. Invoices shall contain the following information:  Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;  The beginning and ending dates of the billing period;  A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;  A copy of the applicable time entries or time sheets shall be submitted showing the following: o Daily logs of total hours worked by each individual performing work under this Agreement o Hours must be logged in increments of tenths of an hour or quarter hour o If this Agreement covers multiple projects, all hours must also be logged by project assignment o A brief description of the work, and each reimbursable expense  The total number of hours of work performed under the Agreement by Contractor and each employee, agent, and subcontractor of Contractor performing services hereunder;  The Contractor’s signature;  Contractor shall give separate notice to the City when the total number of hours worked by Contractor and any individual employee, agent, or subcontractor of 125 Services Agreement between June 2, 2021 City of Dublin and Cascadia Consulting Group, Inc Page 3 of 15 Contractor reaches or exceeds 800 hours within a 12-month period under this Agreement and any other agreement between Contractor and City. Such notice shall include an estimate of the time necessary to complete work described in Exhibit A and the estimate of time necessary to complete work under any other agreement between Contractor and City, if applicable. 2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Contractor. 2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this Agreement within 60 days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed. 2.4 Total Payment. City shall pay for the services to be rendered by Contractor pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Contractor in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. In no event shall Contractor submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment. 2.5 Hourly Fees. Fees for work performed by Contractor on an hourly basis shall not exceed the amounts shown on the compensation schedule attached hereto as Exhibit B. 2.6 Reimbursable Expenses. Reimbursable expenses are specified in Exhibit B. Expenses not listed in Exhibit B are not chargeable to City. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded. 2.7 Payment of Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. 2.8 Payment upon Termination. In the event that the City or Contractor terminates this Agreement pursuant to Section 8, the City shall compensate the Contractor for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Contractor shall maintain adequate logs and timesheets to verify costs incurred to that date. 2.9 Authorization to Perform Services. The Contractor is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator. 126 Services Agreement between June 2, 2021 City of Dublin and Cascadia Consulting Group, Inc Page 4 of 15 Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Contractor shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Contractor only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein. Contractor shall make a written request to City to use facilities or equipment not otherwise listed herein. 3.1 Safety Requirements. In accordance with generally accepted construction practices and state law, Contractor shall be solely and completely responsible for conditions on the jobsite, including safety of all persons and property during performance of the work. This requirement shall apply continuously and not be limited to normal working hours. Contractor shall take all necessary precautions and provide all necessary safeguards to prevent personal injury and property damage. Contractor shall provide protection for all persons including, but not limited to, its employees and employees of its subcontractors; members of the public; and employees, agents, and representatives of the City and regulatory agencies that may be on or about the work. The services of the City in conducting review and inspection of Contractor's performance is not intended to include review of the adequacy of Contractor's work methods, equipment, bracing or scaffolding, or safety measures, in, on, or near any Contractor jobsite. All work and materials shall be in strict accordance with all applicable state, city, county, and federal rules, regulations and codes, with specific attention to the United States Department of Labor Occupational Health and Safety Administration (OSHA) requirements. Contractor shall be solely responsible for compliance with all city, county, and state explosive transport, storage, and blasting requirements and for any damages caused by such operations. Contractor is hereby informed that work on City property could be hazardous. Contractor shall carefully instruct all personnel working on City property that all conditions of the property are potentially hazardous work areas as to potential dangers and shall provide such necessary safety equipment and instructions as are necessary to prevent injury to personnel and damage to property. Special care shall be exercised relative to work underground. In addition to complying with all other safety regulations, Contractor shall abide by any and all other City requirements contained in any specifications, special conditions or manuals, which shall be made available by City upon request. Contractor shall provide and maintain all necessary safety equipment such as fences, barriers, signs, lights, walkways, guards, and fire prevention and fire-fighting equipment and shall take such other action as is required to fulfill its obligations under this section. It is the intent of the City to provide a safe working environment under normal conditions. CONTRACTOR IS ADVISED THAT CITY’S OPERATIONS AND PROPERTY ARE INHERENTLY HAZARDOUS BECAUSE OF CONDITIONS SUCH AS CONFINED 127 Services Agreement between June 2, 2021 City of Dublin and Cascadia Consulting Group, Inc Page 5 of 15 SPACES, POTENTIALLY EXPLOSIVE ATMOSPHERES, AND POSSIBLE EXPOSURE TO PATHOGENS. Contractor shall maintain all portions of the jobsite in a neat, clean, and sanitary condition at all times. If required by the City, toilets shall be furnished by Contractor where needed for use of its employees and their use shall be strictly enforced. Contractor shall not use the City's existing sanitary facilities, unless previously authorized by the City. Contractor shall keep adequate first aid facilities and supplies available and instruction in first aid for its employees shall be given. City reserves the right to require that Contractor bring onto the project or engage the services of a licensed safety engineer at any time during the term of this Agreement. If Contractor does not have a licensed safety engineer on staff, then City may require that Contractor engage a subcontractor or subconsultant as the project’s safety engineer. Contractor shall bear all costs in connection with meeting the requirements of this section. Section 4. INSURANCE REQUIREMENTS. Before fully executing this Agreement, Contractor, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Contractor and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Contractor shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work. Contractor shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Contractor's bid. Contractor shall not allow any subcontractor to commence work on any subcontract until Contractor has obtained all insurance required herein for the subcontractor(s) and provided evidence to City that such insurance is in effect. VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF THIS AGREEMENT PRIOR TO EXECUTION. Contractor shall maintain all required insurance listed herein for the duration of this Agreement. 4.1 Workers’ Compensation. 4.1.1 General Requirements. Contractor shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Contractor. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than $1,000,000 per accident. In the alternative, Contractor may rely on a self- insurance program to meet these requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. 128 Services Agreement between June 2, 2021 City of Dublin and Cascadia Consulting Group, Inc Page 6 of 15 The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents, and subcontractors. 4.1.2 Submittal Requirements. To comply with Subsection 4.1, Contractor shall submit the following: a. Certificate of Workers’ Compensation Insurance in the amounts specified in the section; and b. Waiver of Subrogation Endorsement as required by the section. 4.2 Commercial General and Automobile Liability Insurance. 4.2.1 General Requirements. Contractor, at its own cost and expense, shall maintain commercial general liability insurance for the term of this Agreement in an amount not less than $2,000,000 and automobile liability insurance for the term of this Agreement in an amount not less than $2,000,000 per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non-owned automobiles. 4.2.2 Minimum Scope of Coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an “occurrence” basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001, Code 1 (any auto). No endorsement shall be attached limiting the coverage. 4.2.3 Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy: a. The Insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis. b. City, its officers, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of work or operations performed by or on behalf of the Contractor; or automobiles owned, leased, hired, or borrowed by the Contractor. 129 Services Agreement between June 2, 2021 City of Dublin and Cascadia Consulting Group, Inc Page 7 of 15 c. Contractor hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss. Contractor agrees to obtain any endorsements that may be necessary to affect this waiver of subrogation. d. For any claims related to this Agreement or the work hereunder, the Contractor’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. 4.2.4 Submittal Requirements. To comply with Subsection 4.2, Contractor shall submit the following: a. Certificate of Liability Insurance in the amounts specified in the section; b. Additional Insured Endorsement as required by the section; c. Waiver of Subrogation Endorsement as required by the section; and d. Primary Insurance Endorsement as required by the section. 4.3 All Policies Requirements. 4.3.1 Acceptability of Insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII. 4.3.2 Verification of Coverage. Prior to beginning any work under this Agreement, Contractor shall furnish City with complete copies of all Certificates of Liability Insurance delivered to Contractor by the insurer, including complete copies of all endorsements attached to the policies. All copies of Certificates of Liability Insurance and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the City does not receive the required insurance documents prior to the Contractor beginning work, it shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time. 4.3.3 Deductibles and Self-Insured Retentions. Contractor shall disclose to and obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses. 130 Services Agreement between June 2, 2021 City of Dublin and Cascadia Consulting Group, Inc Page 8 of 15 4.3.4 Wasting Policies. No policy required by this Section 4 shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense). 4.3.5 Endorsement Requirements. Each insurance policy required by Section 4 shall be endorsed to state that coverage shall not be canceled by either party, except after 30 days’ prior written notice has been provided to the City. 4.3.6 Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 4.4 Remedies. In addition to any other remedies City may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Contractor’s breach:  Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;  Order Contractor to stop work under this Agreement or withhold any payment that becomes due to Contractor hereunder, or both stop work and withhold any payment, until Contractor demonstrates compliance with the requirements hereof; and/or  Terminate this Agreement. Section 5. INDEMNIFICATION AND CONTRACTOR’S RESPONSIBILITIES. Contractor shall indemnify, defend with counsel acceptable to City, and hold harmless City and its officers, officials, employees, agents and volunteers from and against any and all liability, loss, damage, claims, expenses, and costs (including without limitation, attorney’s fees and costs and fees of litigation) (collectively, “Liability”) of every nature arising out of or in connection with Contractor’s negligence, recklessness, or willful misconduct in the performance of the Services or its failure to comply with any of its obligations contained in this Agreement, except such Liability caused by the sole negligence or willful misconduct of City. The Contractor’s obligation to defend and indemnify shall not be excused because of the Contractor’s inability to evaluate Liability or because the Contractor evaluates Liability and determines that the Contractor is not liable to the claimant. The Contractor must respond within 30 days, to the tender of any claim for defense and indemnity by the City, unless this time has been extended by the City. If the Contractor fails to accept or reject a tender of defense and indemnity within 30 days, in addition to any other remedy authorized by law, so much of the money due the Contractor under and by virtue of this Agreement as shall reasonably be considered necessary by the City, may be retained by the City until disposition has been made of the claim or suit for damages, or until the Contractor accepts or rejects the tender of defense, whichever occurs first. 131 Services Agreement between June 2, 2021 City of Dublin and Cascadia Consulting Group, Inc Page 9 of 15 Notwithstanding the forgoing, to the extent this Agreement is a “construction contract” as defined by California Civil Code Section 2782, as may be amended from time to time, such duties of Contractor to indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Section 6. STATUS OF CONTRACTOR. 6.1 Independent Contractor. At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. This Agreement shall not be construed as an agreement for employment. City shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subsection 1.3; however, otherwise City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement. Contractor further acknowledges that Contractor performs Services outside the usual course of the City’s business; and is customarily engaged in an independently established trade, occupation, or business of the same nature as the Contractor performs for the City, and has the option to perform such work for other entities. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. 6.2 Contractor Not an Agent. Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. Section 7. LEGAL REQUIREMENTS. 7.1 Governing Law. The laws of the State of California shall govern this Agreement. 7.2 Compliance with Applicable Laws. Contractor and any subcontractors shall comply with all laws applicable to the performance of the work hereunder. 132 Services Agreement between June 2, 2021 City of Dublin and Cascadia Consulting Group, Inc Page 10 of 15 7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Contractor and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 7.4 Licenses and Permits. Contractor represents and warrants to City that Contractor and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Contractor represents and warrants to City that Contractor and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Contractor and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City. 7.5 Nondiscrimination and Equal Opportunity. Contractor shall not discriminate, on the basis of a person’s race, sex, gender, religion (including religious dress and grooming practices), national origin, ancestry, physical or mental disability, medical condition (including cancer and genetic characteristics), marital status, age, sexual orientation, color, creed, pregnancy, genetic information, gender identity or expression, political affiliation or belief, military/veteran status, or any other classification protected by applicable local, state, or federal laws (each a “Protected Characteristic”), against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Contractor under this Agreement. Contractor shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. Section 8. TERMINATION AND MODIFICATION. 8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Contractor. Contractor may cancel this Agreement upon 30 days’ written notice to City and shall include in such notice the reasons for cancellation. In the event of termination, Contractor shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Contractor delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Contractor or prepared by or for Contractor or the City in connection with this Agreement. 8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Contractor understands and agrees that, if City grants such an extension, City shall have no obligation to provide 133 Services Agreement between June 2, 2021 City of Dublin and Cascadia Consulting Group, Inc Page 11 of 15 Contractor with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Contractor for any otherwise reimbursable expenses incurred during the extension period. 8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties. 8.4 Assignment and Subcontracting. City and Contractor recognize and agree that this Agreement contemplates personal performance by Contractor and is based upon a determination of Contractor’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Contractor. Contractor may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Contractor shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator. 8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Contractor shall survive the termination of this Agreement. 8.6 Options upon Breach by Contractor. If Contractor materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following: 8.6.1 Immediately terminate the Agreement; 8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Contractor pursuant to this Agreement; 8.6.3 Retain a different contractor to complete the work described in Exhibit A not finished by Contractor; or 8.6.4 Charge Contractor the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Contractor pursuant to Section 2 if Contractor had completed the work. Section 9. KEEPING AND STATUS OF RECORDS. 9.1 Records Created as Part of Contractor’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Contractor prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Contractor hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described 134 Services Agreement between June 2, 2021 City of Dublin and Cascadia Consulting Group, Inc Page 12 of 15 above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Contractor agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both Parties. 9.2 Contractor’s Books and Records. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of 3 years, or for any longer period required by law, from the date of final payment to the Contractor to this Agreement. 9.3 Inspection and Audit of Records. Any records or documents that Subsection 9.2 of this Agreement requires Contractor to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of 3 years after final payment under the Agreement. Section 10. MISCELLANEOUS PROVISIONS. 10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. 10.2 Venue. In the event that either party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Alameda or in the United States District Court for the Northern District of California. 10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement. 10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties. 135 Services Agreement between June 2, 2021 City of Dublin and Cascadia Consulting Group, Inc Page 13 of 15 10.6 Conflict of Interest. Contractor may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Contractor in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq. Contractor shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Section 1090 et seq. Contractor hereby warrants that it is not now, nor has it been in the previous 12 months, an employee, agent, appointee, or official of the City. If Contractor was an employee, agent, appointee, or official of the City in the previous 12 months, Contractor warrants that it did not participate in any manner in the forming of this Agreement. Contractor understands that, if this Agreement is made in violation of California Government Code Section 1090 et seq., the entire Agreement is void and Contractor will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Contractor will be required to reimburse the City for any sums paid to the Contractor. Contractor understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of California Government Code Section 1090 et seq., and, if applicable, will be disqualified from holding public office in the State of California. 10.7 Solicitation. Contractor agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials. 10.8 Contract Administration. This Agreement shall be administered by the City Manager ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee. 10.9 Notices. Any written notice to Contractor shall be sent to: Cascadia Consulting Group Att: Julie Bryant, Director 315 Washington St Oakland, CA 94607 Any written notice to City shall be sent to: City of Dublin Att: Michelle Sung, Environmental Technician 100 Civic Plaza Dublin, CA 94568 10.10 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibits A and B represents the entire and integrated agreement between City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. 136 Services Agreement between June 2, 2021 City of Dublin and Cascadia Consulting Group, Inc Page 14 of 15 Exhibit A Scope of Services Exhibit B Compensation Schedule 10.11 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. 10.12 Certification per Iran Contracting Act of 2010. In the event that this contract is for one million dollars ($1,000,000.00) or more, by Contractor’s signature below Contractor certifies that Contractor, and any parent entities, subsidiaries, successors or subunits of Contractor are not identified on a list created pursuant to subdivision (b) of Section 2203 of the California Public Contract Code as a person engaging in investment activities in Iran as described in subdivision (a) of Section 2202.5, or as a person described in subdivision (b) of Section 2202.5 of the California Public Contract Code, as applicable. SIGNATURES ON FOLLOWING PAGE 137 Services Agreement between June 2, 2021 City of Dublin and Cascadia Consulting Group, Inc Page 15 of 15 The Parties have executed this Agreement as of the Effective Date. The persons whose signatures appear below certify that they are authorized to sign on behalf of the respective Party. CITY OF DUBLIN Cascadia Consulting Group Linda Smith, City Manager Julie Bryant, Director Attest: Marsha Moore, City Clerk Approved as to Form: City Attorney 3070365.1 138 Services Agreement between June 2, 2021 City of Dublin and Cascadia Consulting Group, Inc. Exhibit A – Page 1 of 2 EXHIBIT A SCOPE OF SERVICES The Contractor will be required to deliver technical assistance to businesses, multifamily properties, and edible food generators in Dublin to ensure compliance with SB 1383. The Contractor will be required to conduct the following tasks on an ongoing basis. Tasks: 1. Conduct waste assessments to identify businesses and/or multifamily properties that are eligible to receive SB 1383 De Minimis Waivers. Coordinate with Amador Valley Industries (AVI) on planned activities. 2. In coordination with City staff, develop and implement an outreach plan for businesses, single- family homeowners, and multifamily properties on SB 1383 requirements. Contractor will also coordinate with AVI on planned activities, work with customers to implement new compost programs, provide cost analyses, education and outreach, and coordinate with AVI as needed to implement service level changes. 3. Conduct outreach to Tier 1 and Tier 2 commercial edible food generators to convey SB 1383 requirements, support set up of edible food donation programs, and confirm written agreements are in place with food recovery organizations, if any. 4. Conduct an analysis and provide a plan to help the City identify SB 1383 procurement options. The analysis shall include an estimate of compost/mulch quantities that could be applied to parks, open space, right-of-way, and other City owned property and shall also consider other options that would satisfy the procurement requirement (e.g. partnering with direct service providers and/or special districts). 5. Provide a report on potential SB 1383 data tracking and management options, including proprietary and non-proprietary database and reporting systems. 6. As necessary and as directed by City staff: Conduct lid lift assessments to identify contamination in organics and recycling streams, address contamination by providing technical assistance. 7. As necessary and as directed by City staff: Conduct lid lift assessments to identify target materials (organics and/or recyclables) in the garbage. Identify opportunities to reduce target materials from garbage stream by recommending service level changes, providing cost analyses, and coordinating with AVI to implement changes as needed. 8. Track activities and progress towards objectives. 9. Assist with other SB 1383 related items as needed. Deliverables At minimum, deliverables for this project shall include one-time and Quarterly Reports that include the following: 1. Community outreach plan for SB 1383 compliance. 2. Compost procurement options report. 139 Services Agreement between June 2, 2021 City of Dublin and Cascadia Consulting Group, Inc. Exhibit A – Page 2 of 2 3. Database tracking and management report. 4. Activity tracking for outreach and recommendations provided to businesses and multifamily properties. 5. Documentation of businesses or multifamily properties that qualify for De Minimis waivers including location, date of assessment, and name of generator that qualifies for waiver. 6. Documentation of outreach provided to edible food generators, and list of generators that have contracts with food recovery organizations. Contingency This contract includes a contingency amount of $75,000 which may only be expended upon written pre- verification approval by the City for lid lift assessments and/or other SB 1383 related items that will be conducted as necessary and as directed by City staff. Because the City has not yet engaged in contract negotiations with AVI for SB 1383 implementation, it has not yet been determined if AVI or the Contractor will conduct lid lift assessments or if other SB 1383 activities will be required of the Contractor. 140 Services Agreement between June 2, 2021 City of Dublin and Cascadia Consulting Group, Inc. Exhibit B – Page 1 of 1 EXHIBIT B COMPENSATION SCHEDULE 141 Attachment 3 Reso. No. XX-21, Item X.X, Adopted XX/XX/21 Page 1 of 2 RESOLUTION NO. XX – 21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AN AGREEMENT WITH HF&H CONSULTANTS, LLC FOR SOLID WASTE FRANCHISE AGREEMENT AMENDMENT AND SENATE BILL 1383 IMPLEMENTATION WHEREAS, the California legislature enacted Senate Bill (SB) 1383, Short-Lived Climate Pollutants, in September 2016 with the goal to reduce short-lived climate pollutants by mandating a reduction in disposal of organic waste in landfills, among other requirements on dairies and waste haulers; and WHEREAS, the California Department of Resources Recycling and Recovery (CalRecycle) was given the regulatory authority to achieve the desired organic waste reduction targets; and WHEREAS,CalRecycle developed final rulemaking for SB 1383 with an implementation date of January 1, 2022; and WHEREAS,Staff issued a Request for Proposals (RFP) for Solid Waste Franchise Agreement Amendment and California Senate Bill (SB) 1383 Implementation Assistance for support with contract negotiations with the City of Dublin’s franchised waste hauler, Amador Valley Industries; and WHEREAS,the City received one response to the RFP; and WHEREAS,Staff reviewed and evaluated the proposal in accordance with the RFP rating criteria and determined that HF&H Consultants, LLC met the City’s desired scope of services, based on quality, completeness of the submission, and the firm’s experience with engagements of similar scope and complexity; and WHEREAS, the City desires to enter into an agreement with HF&H Consultants, LLC for a not to exceed amount of $111,075 over a two-year term for solid waste franchise agreement amendment and SB 1383 implementation services. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the Agreement with HF&H Consultants, LLC attached hereto as Exhibit A. BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Agreement and make any necessary, non-substantive changes to carry out the intent of this Resolution. PASSED, APPROVED AND ADOPTED this 1st day of June 2021, by the following vote: AYES: NOES: ABSENT: 142 Reso. No. XX-21, Item X.X, Adopted XX/XX/21 Page 2 of 2 ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk 143 Services Agreement between June 2, 2021 City of Dublin and HF&H Consultants, LLC Page 1 of 15 CONTRACTOR SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND HF&H CONSULTANTS, LLC THIS AGREEMENT for contract services is made by and between the City of Dublin (“City”) and HF&H Consultants, LLC (“Contractor”) (together sometimes referred to as the “Parties”) as of June 2, 2021 (the “Effective Date”). Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail. 1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on June 30, 2023 the date of completion specified in Exhibit A, and Contractor shall complete the work described in Exhibit A on or before that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Contractor to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as referenced in Section 8. Notwithstanding the foregoing this Agreement may be extended on a month to month basis for up to 6 months upon the written consent of the Contractor and the City Manager, provided that: a) sufficient funds have been appropriated for such purchase, b) the price charged by the Contractor for the provision of the serves described in Exhibit A does not increase. None of the foregoing shall affect the City’s right to terminate the Agreement as provided for in Section 8. 1.2 Standard of Performance. Contractor shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Contractor is engaged. 1.3 Assignment of Personnel. Contractor shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Contractor shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. 1.4 Time. Contractor shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Subsection 1.2 above and to satisfy Contractor’s obligations hereunder. 1.5 [Intentionally Deleted] 1.6 [Intentionally Deleted] Section 2. COMPENSATION. City hereby agrees to pay Contractor a sum not to exceed $111,075, notwithstanding any contrary indications that may be contained in Contractor’s proposal, for services to be Attachment 4 144 Services Agreement between June 2, 2021 City of Dublin and HF&H Consultants, LLC Page 2 of 15 performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Contractor’s proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Contractor for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Contractor for services rendered pursuant to this Agreement. Contractor shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Contractor shall not bill City for duplicate services performed by more than one person. Contractor and City acknowledge and agree that compensation paid by City to Contractor under this Agreement is based upon Contractor’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Contractor. Consequently, the Parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Contractor and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. 2.1 Invoices. Contractor shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. No individual performing work under this Agreement shall bill more than 2,000 hours in a fiscal year unless approved, in writing, by the City Manager or his/her designee. Invoices shall contain the following information:  Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;  The beginning and ending dates of the billing period;  A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;  A copy of the applicable time entries or time sheets shall be submitted showing the following: o Daily logs of total hours worked by each individual performing work under this Agreement o Hours must be logged in increments of tenths of an hour or quarter hour o If this Agreement covers multiple projects, all hours must also be logged by project assignment o A brief description of the work, and each reimbursable expense  The total number of hours of work performed under the Agreement by Contractor and each employee, agent, and subcontractor of Contractor performing services hereunder;  The Contractor’s signature;  Contractor shall give separate notice to the City when the total number of hours worked by Contractor and any individual employee, agent, or subcontractor of 145 Services Agreement between June 2, 2021 City of Dublin and HF&H Consultants, LLC Page 3 of 15 Contractor reaches or exceeds 800 hours within a 12-month period under this Agreement and any other agreement between Contractor and City. Such notice shall include an estimate of the time necessary to complete work described in Exhibit A and the estimate of time necessary to complete work under any other agreement between Contractor and City, if applicable. 2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Contractor. 2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this Agreement within 60 days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed. 2.4 Total Payment. City shall pay for the services to be rendered by Contractor pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Contractor in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. In no event shall Contractor submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment. 2.5 Hourly Fees. Fees for work performed by Contractor on an hourly basis shall not exceed the amounts shown on the compensation schedule attached hereto as Exhibit B. 2.6 Reimbursable Expenses. Reimbursable expenses are specified in Exhibit B. Expenses not listed in Exhibit B are not chargeable to City. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded. 2.7 Payment of Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. 2.8 Payment upon Termination. In the event that the City or Contractor terminates this Agreement pursuant to Section 8, the City shall compensate the Contractor for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Contractor shall maintain adequate logs and timesheets to verify costs incurred to that date. 2.9 Authorization to Perform Services. The Contractor is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator. 146 Services Agreement between June 2, 2021 City of Dublin and HF&H Consultants, LLC Page 4 of 15 Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Contractor shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Contractor only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein. Contractor shall make a written request to City to use facilities or equipment not otherwise listed herein. 3.1 Safety Requirements. In accordance with generally accepted construction practices and state law, Contractor shall be solely and completely responsible for conditions on the jobsite, including safety of all persons and property during performance of the work. This requirement shall apply continuously and not be limited to normal working hours. Contractor shall take all necessary precautions and provide all necessary safeguards to prevent personal injury and property damage. Contractor shall provide protection for all persons including, but not limited to, its employees and employees of its subcontractors; members of the public; and employees, agents, and representatives of the City and regulatory agencies that may be on or about the work. The services of the City in conducting review and inspection of Contractor's performance is not intended to include review of the adequacy of Contractor's work methods, equipment, bracing or scaffolding, or safety measures, in, on, or near any Contractor jobsite. All work and materials shall be in strict accordance with all applicable state, city, county, and federal rules, regulations and codes, with specific attention to the United States Department of Labor Occupational Health and Safety Administration (OSHA) requirements. Contractor shall be solely responsible for compliance with all city, county, and state explosive transport, storage, and blasting requirements and for any damages caused by such operations. Contractor is hereby informed that work on City property could be hazardous. Contractor shall carefully instruct all personnel working on City property that all conditions of the property are potentially hazardous work areas as to potential dangers and shall provide such necessary safety equipment and instructions as are necessary to prevent injury to personnel and damage to property. Special care shall be exercised relative to work underground. In addition to complying with all other safety regulations, Contractor shall abide by any and all other City requirements contained in any specifications, special conditions or manuals, which shall be made available by City upon request. Contractor shall provide and maintain all necessary safety equipment such as fences, barriers, signs, lights, walkways, guards, and fire prevention and fire-fighting equipment and shall take such other action as is required to fulfill its obligations under this section. It is the intent of the City to provide a safe working environment under normal conditions. CONTRACTOR IS ADVISED THAT CITY’S OPERATIONS AND PROPERTY ARE INHERENTLY HAZARDOUS BECAUSE OF CONDITIONS SUCH AS CONFINED 147 Services Agreement between June 2, 2021 City of Dublin and HF&H Consultants, LLC Page 5 of 15 SPACES, POTENTIALLY EXPLOSIVE ATMOSPHERES, AND POSSIBLE EXPOSURE TO PATHOGENS. Contractor shall maintain all portions of the jobsite in a neat, clean, and sanitary condition at all times. If required by the City, toilets shall be furnished by Contractor where needed for use of its employees and their use shall be strictly enforced. Contractor shall not use the City's existing sanitary facilities, unless previously authorized by the City. Contractor shall keep adequate first aid facilities and supplies available and instruction in first aid for its employees shall be given. City reserves the right to require that Contractor bring onto the project or engage the services of a licensed safety engineer at any time during the term of this Agreement. If Contractor does not have a licensed safety engineer on staff, then City may require that Contractor engage a subcontractor or subconsultant as the project’s safety engineer. Contractor shall bear all costs in connection with meeting the requirements of this section. Section 4. INSURANCE REQUIREMENTS. Before fully executing this Agreement, Contractor, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Contractor and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Contractor shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work. Contractor shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Contractor's bid. Contractor shall not allow any subcontractor to commence work on any subcontract until Contractor has obtained all insurance required herein for the subcontractor(s) and provided evidence to City that such insurance is in effect. VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF THIS AGREEMENT PRIOR TO EXECUTION. Contractor shall maintain all required insurance listed herein for the duration of this Agreement. 4.1 Workers’ Compensation. 4.1.1 General Requirements. Contractor shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Contractor. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than $1,000,000 per accident. In the alternative, Contractor may rely on a self- insurance program to meet these requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. 148 Services Agreement between June 2, 2021 City of Dublin and HF&H Consultants, LLC Page 6 of 15 The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents, and subcontractors. 4.1.2 Submittal Requirements. To comply with Subsection 4.1, Contractor shall submit the following: a. Certificate of Workers’ Compensation Insurance in the amounts specified in the section; and b. Waiver of Subrogation Endorsement as required by the section. 4.2 Commercial General and Automobile Liability Insurance. 4.2.1 General Requirements. Contractor, at its own cost and expense, shall maintain commercial general liability insurance for the term of this Agreement in an amount not less than $2,000,000 and automobile liability insurance for the term of this Agreement in an amount not less than $2,000,000 per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non-owned automobiles. 4.2.2 Minimum Scope of Coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an “occurrence” basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001, Code 1 (any auto). No endorsement shall be attached limiting the coverage. 4.2.3 Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy: a. The Insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis. b. City, its officers, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of work or operations performed by or on behalf of the Contractor; or automobiles owned, leased, hired, or borrowed by the Contractor. 149 Services Agreement between June 2, 2021 City of Dublin and HF&H Consultants, LLC Page 7 of 15 c. Contractor hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss. Contractor agrees to obtain any endorsements that may be necessary to affect this waiver of subrogation. d. For any claims related to this Agreement or the work hereunder, the Contractor’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. 4.2.4 Submittal Requirements. To comply with Subsection 4.2, Contractor shall submit the following: a. Certificate of Liability Insurance in the amounts specified in the section; b. Additional Insured Endorsement as required by the section; c. Waiver of Subrogation Endorsement as required by the section; and d. Primary Insurance Endorsement as required by the section. 4.3 All Policies Requirements. 4.3.1 Acceptability of Insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII. 4.3.2 Verification of Coverage. Prior to beginning any work under this Agreement, Contractor shall furnish City with complete copies of all Certificates of Liability Insurance delivered to Contractor by the insurer, including complete copies of all endorsements attached to the policies. All copies of Certificates of Liability Insurance and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the City does not receive the required insurance documents prior to the Contractor beginning work, it shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time. 4.3.3 Deductibles and Self-Insured Retentions. Contractor shall disclose to and obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses. 150 Services Agreement between June 2, 2021 City of Dublin and HF&H Consultants, LLC Page 8 of 15 4.3.4 Wasting Policies. No policy required by this Section 4 shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense). 4.3.5 Endorsement Requirements. Each insurance policy required by Section 4 shall be endorsed to state that coverage shall not be canceled by either party, except after 30 days’ prior written notice has been provided to the City. 4.3.6 Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 4.4 Remedies. In addition to any other remedies City may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Contractor’s breach:  Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;  Order Contractor to stop work under this Agreement or withhold any payment that becomes due to Contractor hereunder, or both stop work and withhold any payment, until Contractor demonstrates compliance with the requirements hereof; and/or  Terminate this Agreement. Section 5. INDEMNIFICATION AND CONTRACTOR’S RESPONSIBILITIES. Contractor shall indemnify, defend with counsel acceptable to City, and hold harmless City and its officers, officials, employees, agents and volunteers from and against any and all liability, loss, damage, claims, expenses, and costs (including without limitation, attorney’s fees and costs and fees of litigation) (collectively, “Liability”) of every nature arising out of or in connection with Contractor’s performance of the Services or its failure to comply with any of its obligations contained in this Agreement, except such Liability caused by the sole negligence or willful misconduct of City. The Contractor’s obligation to defend and indemnify shall not be excused because of the Contractor’s inability to evaluate Liability or because the Contractor evaluates Liability and determines that the Contractor is not liable to the claimant. The Contractor must respond within 30 days, to the tender of any claim for defense and indemnity by the City, unless this time has been extended by the City. If the Contractor fails to accept or reject a tender of defense and indemnity within 30 days, in addition to any other remedy authorized by law, so much of the money due the Contractor under and by virtue of this Agreement as shall reasonably be considered necessary by the City, may be retained by the City until disposition has been made of the claim or suit for damages, or until the Contractor accepts or rejects the tender of defense, whichever occurs first. 151 Services Agreement between June 2, 2021 City of Dublin and HF&H Consultants, LLC Page 9 of 15 Notwithstanding the forgoing, to the extent this Agreement is a “construction contract” as defined by California Civil Code Section 2782, as may be amended from time to time, such duties of Contractor to indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Section 6. STATUS OF CONTRACTOR. 6.1 Independent Contractor. At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. This Agreement shall not be construed as an agreement for employment. City shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subsection 1.3; however, otherwise City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement. Contractor further acknowledges that Contractor performs Services outside the usual course of the City’s business; and is customarily engaged in an independently established trade, occupation, or business of the same nature as the Contractor performs for the City, and has the option to perform such work for other entities. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. 6.2 Contractor Not an Agent. Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. Section 7. LEGAL REQUIREMENTS. 7.1 Governing Law. The laws of the State of California shall govern this Agreement. 7.2 Compliance with Applicable Laws. Contractor and any subcontractors shall comply with all laws applicable to the performance of the work hereunder. 152 Services Agreement between June 2, 2021 City of Dublin and HF&H Consultants, LLC Page 10 of 15 7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Contractor and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 7.4 Licenses and Permits. Contractor represents and warrants to City that Contractor and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Contractor represents and warrants to City that Contractor and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Contractor and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City. 7.5 Nondiscrimination and Equal Opportunity. Contractor shall not discriminate, on the basis of a person’s race, sex, gender, religion (including religious dress and grooming practices), national origin, ancestry, physical or mental disability, medical condition (including cancer and genetic characteristics), marital status, age, sexual orientation, color, creed, pregnancy, genetic information, gender identity or expression, political affiliation or belief, military/veteran status, or any other classification protected by applicable local, state, or federal laws (each a “Protected Characteristic”), against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Contractor under this Agreement. Contractor shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. Section 8. TERMINATION AND MODIFICATION. 8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Contractor. Contractor may cancel this Agreement upon 30 days’ written notice to City and shall include in such notice the reasons for cancellation. In the event of termination, Contractor shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Contractor delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Contractor or prepared by or for Contractor or the City in connection with this Agreement. 8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Contractor understands and agrees that, if City grants such an extension, City shall have no obligation to provide 153 Services Agreement between June 2, 2021 City of Dublin and HF&H Consultants, LLC Page 11 of 15 Contractor with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Contractor for any otherwise reimbursable expenses incurred during the extension period. 8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties. 8.4 Assignment and Subcontracting. City and Contractor recognize and agree that this Agreement contemplates personal performance by Contractor and is based upon a determination of Contractor’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Contractor. Contractor may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Contractor shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator. 8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Contractor shall survive the termination of this Agreement. 8.6 Options upon Breach by Contractor. If Contractor materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following: 8.6.1 Immediately terminate the Agreement; 8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Contractor pursuant to this Agreement; 8.6.3 Retain a different contractor to complete the work described in Exhibit A not finished by Contractor; or 8.6.4 Charge Contractor the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Contractor pursuant to Section 2 if Contractor had completed the work. Section 9. KEEPING AND STATUS OF RECORDS. 9.1 Records Created as Part of Contractor’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Contractor prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Contractor hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described 154 Services Agreement between June 2, 2021 City of Dublin and HF&H Consultants, LLC Page 12 of 15 above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Contractor agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both Parties. 9.2 Contractor’s Books and Records. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of 3 years, or for any longer period required by law, from the date of final payment to the Contractor to this Agreement. 9.3 Inspection and Audit of Records. Any records or documents that Subsection 9.2 of this Agreement requires Contractor to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of 3 years after final payment under the Agreement. Section 10. MISCELLANEOUS PROVISIONS. 10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. 10.2 Venue. In the event that either party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Alameda or in the United States District Court for the Northern District of California. 10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement. 10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties. 155 Services Agreement between June 2, 2021 City of Dublin and HF&H Consultants, LLC Page 13 of 15 10.6 Conflict of Interest. Contractor may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Contractor in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq. Contractor shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Section 1090 et seq. Contractor hereby warrants that it is not now, nor has it been in the previous 12 months, an employee, agent, appointee, or official of the City. If Contractor was an employee, agent, appointee, or official of the City in the previous 12 months, Contractor warrants that it did not participate in any manner in the forming of this Agreement. Contractor understands that, if this Agreement is made in violation of California Government Code Section 1090 et seq., the entire Agreement is void and Contractor will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Contractor will be required to reimburse the City for any sums paid to the Contractor. Contractor understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of California Government Code Section 1090 et seq., and, if applicable, will be disqualified from holding public office in the State of California. 10.7 Solicitation. Contractor agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials. 10.8 Contract Administration. This Agreement shall be administered by the City Manager ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee. 10.9 Notices. Any written notice to Contractor shall be sent to: HF&H Consultants, LLC Att: Rob Hilton, President 201 North Civic Drive, Suite 230 Walnut Creek, CA 94596 Any written notice to City shall be sent to: City of Dublin Att: Michelle Sung, Environmental Technician 100 Civic Plaza Dublin, CA 94568 10.10 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibits A and B represents the entire and integrated agreement between City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. 156 Services Agreement between June 2, 2021 City of Dublin and HF&H Consultants, LLC Page 14 of 15 Exhibit A Scope of Services Exhibit B Compensation Schedule 10.11 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. 10.12 Certification per Iran Contracting Act of 2010. In the event that this contract is for one million dollars ($1,000,000.00) or more, by Contractor’s signature below Contractor certifies that Contractor, and any parent entities, subsidiaries, successors or subunits of Contractor are not identified on a list created pursuant to subdivision (b) of Section 2203 of the California Public Contract Code as a person engaging in investment activities in Iran as described in subdivision (a) of Section 2202.5, or as a person described in subdivision (b) of Section 2202.5 of the California Public Contract Code, as applicable. SIGNATURES ON FOLLOWING PAGE 157 Services Agreement between June 2, 2021 City of Dublin and HF&H Consultants, LLC Page 15 of 15 The Parties have executed this Agreement as of the Effective Date. The persons whose signatures appear below certify that they are authorized to sign on behalf of the respective Party. CITY OF DUBLIN HF&H Consultants, LLC Linda Smith, City Manager Rob Hilton, President Attest: Marsha Moore, City Clerk Approved as to Form: City Attorney 3070365.1 158 Services Agreement between June 2, 2021 City of Dublin and HF&H Consultants, LLC Exhibit A – Page 1 of 1 EXHIBIT A SCOPE OF SERVICES The Consultant will examine the City’s existing franchise agreement with AVI to determine what tasks and activities are recommended to be included in the franchise agreement as hauler responsibilities to ensure the City’s compliance with SB 1383 regulations. The Consultant will also review the City’s solid waste ordinances and provide guidance on recommended updates to the ordinances to meet SB 1383 requirements. Tasks: 1. Review the City’s solid waste franchise agreement and related activities performed by the City’s waste hauler to conduct a gap analysis to assess what programs and activities are needed for the City to be in compliance with all SB 1383 provisions. As part of the gap analysis, the Consultant will identify areas where the City is already meeting SB 1383 requirements and areas in which new programs/activities are required to meet SB 1383 mandates. 2. Identify SB 1383 program areas that should be implemented with City staff or resources and those that should be considered during solid waste franchise agreement contract negotiations as hauler obligations. 3. Provide a financial analysis detailing an estimate of SB 1383 program costs, both for City supported programs/activities and hauler programs and activities. The financial analysis must identify potential funding streams for the various programs/activities. 4. Support City staff in contract negotiations with AVI on SB 1383 franchise agreement amendments. Provide recommendations to the City during contract negotiations. 5. Review the City’s solid waste ordinances and template ordinances provided by CalRecyle and/or StopWaste and provide a draft ordinance revision and recommendations regarding updating City ordinances to meet SB 1383 mandates. 6. Support City staff with preparations and presentation to City Council Deliverables: At minimum, deliverables for this project shall include the following: 1. Gap Analysis on franchise agreement and other solid waste program activities to determine SB 1383 compliance status. 2. Financial Report detailing program implementation costs and potential funding sources to meet SB 1383 mandates. 3. Report outlining suggested amendments to the City’s existing solid waste franchise agreement. 4. Provide a draft solid waste ordinance revision with recommendations for updates to the City’s solid waste ordinances. 159 Services Agreement between June 2, 2021 City of Dublin and HF&H Consultants, LLC Exhibit B – Page 1 of 1 EXHIBIT B COMPENSATION SCHEDULE 160 Attachment 5 Reso. No. XX-21, Item X.X, Adopted XX/XX/21 Page 1 of 2 RESOLUTION NO. XX – 21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AN AGREEMENT WITH SURF TO SNOW ENVIRONMENTAL RESOURCE MANAGEMENT, INC. FOR STORMWATER INSPECTIONS AND ILLICIT DISCHARGE RESPONSE SERVICES WHEREAS,Staff issued a Request for Proposals (RFP) for Municipal Regional Stormwater National Pollutant Discharge Elimination System (NPDES) Permit Inspections and Illicit Discharge Response Services; and WHEREAS,the City received five response to the RFP; and WHEREAS,Staff reviewed and evaluated the proposal in accordance with the RFP rating criteria and determined that Surf to Snow Environmental Resource Management, Inc. best met the City desired scope of services, based on quality, completeness of the submission, and the firm’s experience with engagements of similar scope and complexity; and WHEREAS, the City desires to enter into an agreement with Surf to Snow Environmental Resource Management, Inc. for a not to exceed amount of $168,922 over a three-year term for Municipal Regional Stormwater NPDES Permit inspections and illicit discharge response services. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the Agreement with Surf to Snow Environmental Resource Management, Inc. attached hereto as Exhibit A. BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Agreement and make any necessary, non-substantive changes to carry out the intent of this Resolution. PASSED, APPROVED AND ADOPTED this 1st day of June 2021, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ 161 Reso. No. XX-21, Item X.X, Adopted XX/XX/21 Page 2 of 2 City Clerk 162 Services Agreement between July 1, 2021 City of Dublin and S2S Environmental Resource Mgmt. Page 1 of 15 CONTRACTOR SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND SURF TO SNOW ENVIRONMENTAL RESOURCE MANAGEMENT, INC THIS AGREEMENT for contract services is made by and between the City of Dublin (“City”) and Surf to Snow Environmental Resource Management, Inc (“Contractor”) (together sometimes referred to as the “Parties”) as of July 1, 2021 (the “Effective Date”). Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail. 1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on June 30, 2024 the date of completion specified in Exhibit A, and Contractor shall complete the work described in Exhibit A on or before that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Contractor to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as referenced in Section 8. Notwithstanding the foregoing this Agreement may be extended on a month to month basis for up to 6 months upon the written consent of the Contractor and the City Manager, provided that: a) sufficient funds have been appropriated for such purchase, b) the price charged by the Contractor for the provision of the serves described in Exhibit A does not increase. None of the foregoing shall affect the City’s right to terminate the Agreement as provided for in Section 8. 1.2 Standard of Performance. Contractor shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Contractor is engaged. 1.3 Assignment of Personnel. Contractor shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Contractor shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. 1.4 Time. Contractor shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Subsection 1.2 above and to satisfy Contractor’s obligations hereunder. 1.5 [Intentionally Deleted] 1.6 [Intentionally Deleted] Section 2. COMPENSATION. City hereby agrees to pay Contractor a sum not to exceed $168,922 notwithstanding any contrary indications that may be contained in Contractor’s proposal, for services to be Attachment 6 163 Services Agreement between July 1, 2021 City of Dublin and S2S Environmental Resource Mgmt. Page 2 of 15 performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Contractor’s proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Contractor for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Contractor for services rendered pursuant to this Agreement. Contractor shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Contractor shall not bill City for duplicate services performed by more than one person. Contractor and City acknowledge and agree that compensation paid by City to Contractor under this Agreement is based upon Contractor’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Contractor. Consequently, the Parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Contractor and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. 2.1 Invoices. Contractor shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. No individual performing work under this Agreement shall bill more than 2,000 hours in a fiscal year unless approved, in writing, by the City Manager or his/her designee. Invoices shall contain the following information:  Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;  The beginning and ending dates of the billing period;  A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;  A copy of the applicable time entries or time sheets shall be submitted showing the following: o Daily logs of total hours worked by each individual performing work under this Agreement o Hours must be logged in increments of tenths of an hour or quarter hour o If this Agreement covers multiple projects, all hours must also be logged by project assignment o A brief description of the work, and each reimbursable expense  The total number of hours of work performed under the Agreement by Contractor and each employee, agent, and subcontractor of Contractor performing services hereunder;  The Contractor’s signature;  Contractor shall give separate notice to the City when the total number of hours worked by Contractor and any individual employee, agent, or subcontractor of 164 Services Agreement between July 1, 2021 City of Dublin and S2S Environmental Resource Mgmt. Page 3 of 15 Contractor reaches or exceeds 800 hours within a 12-month period under this Agreement and any other agreement between Contractor and City. Such notice shall include an estimate of the time necessary to complete work described in Exhibit A and the estimate of time necessary to complete work under any other agreement between Contractor and City, if applicable. 2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Contractor. 2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this Agreement within 60 days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed. 2.4 Total Payment. City shall pay for the services to be rendered by Contractor pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Contractor in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. In no event shall Contractor submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment. 2.5 Hourly Fees. Fees for work performed by Contractor on an hourly basis shall not exceed the amounts shown on the compensation schedule attached hereto as Exhibit B. 2.6 Reimbursable Expenses. Reimbursable expenses are specified in Exhibit B. Expenses not listed in Exhibit B are not chargeable to City. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded. 2.7 Payment of Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. 2.8 Payment upon Termination. In the event that the City or Contractor terminates this Agreement pursuant to Section 8, the City shall compensate the Contractor for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Contractor shall maintain adequate logs and timesheets to verify costs incurred to that date. 2.9 Authorization to Perform Services. The Contractor is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator. 165 Services Agreement between July 1, 2021 City of Dublin and S2S Environmental Resource Mgmt. Page 4 of 15 Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Contractor shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Contractor only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein. Contractor shall make a written request to City to use facilities or equipment not otherwise listed herein. 3.1 Safety Requirements. In accordance with generally accepted construction practices and state law, Contractor shall be solely and completely responsible for conditions on the jobsite, including safety of all persons and property during performance of the work. This requirement shall apply continuously and not be limited to normal working hours. Contractor shall take all necessary precautions and provide all necessary safeguards to prevent personal injury and property damage. Contractor shall provide protection for all persons including, but not limited to, its employees and employees of its subcontractors; members of the public; and employees, agents, and representatives of the City and regulatory agencies that may be on or about the work. The services of the City in conducting review and inspection of Contractor's performance is not intended to include review of the adequacy of Contractor's work methods, equipment, bracing or scaffolding, or safety measures, in, on, or near any Contractor jobsite. All work and materials shall be in strict accordance with all applicable state, city, county, and federal rules, regulations and codes, with specific attention to the United States Department of Labor Occupational Health and Safety Administration (OSHA) requirements. Contractor shall be solely responsible for compliance with all city, county, and state explosive transport, storage, and blasting requirements and for any damages caused by such operations. Contractor is hereby informed that work on City property could be hazardous. Contractor shall carefully instruct all personnel working on City property that all conditions of the property are potentially hazardous work areas as to potential dangers and shall provide such necessary safety equipment and instructions as are necessary to prevent injury to personnel and damage to property. Special care shall be exercised relative to work underground. In addition to complying with all other safety regulations, Contractor shall abide by any and all other City requirements contained in any specifications, special conditions or manuals, which shall be made available by City upon request. Contractor shall provide and maintain all necessary safety equipment such as fences, barriers, signs, lights, walkways, guards, and fire prevention and fire-fighting equipment and shall take such other action as is required to fulfill its obligations under this section. It is the intent of the City to provide a safe working environment under normal conditions. CONTRACTOR IS ADVISED THAT CITY’S OPERATIONS AND PROPERTY ARE INHERENTLY HAZARDOUS BECAUSE OF CONDITIONS SUCH AS CONFINED 166 Services Agreement between July 1, 2021 City of Dublin and S2S Environmental Resource Mgmt. Page 5 of 15 SPACES, POTENTIALLY EXPLOSIVE ATMOSPHERES, AND POSSIBLE EXPOSURE TO PATHOGENS. Contractor shall maintain all portions of the jobsite in a neat, clean, and sanitary condition at all times. If required by the City, toilets shall be furnished by Contractor where needed for use of its employees and their use shall be strictly enforced. Contractor shall not use the City's existing sanitary facilities, unless previously authorized by the City. Contractor shall keep adequate first aid facilities and supplies available and instruction in first aid for its employees shall be given. City reserves the right to require that Contractor bring onto the project or engage the services of a licensed safety engineer at any time during the term of this Agreement. If Contractor does not have a licensed safety engineer on staff, then City may require that Contractor engage a subcontractor or subconsultant as the project’s safety engineer. Contractor shall bear all costs in connection with meeting the requirements of this section. Section 4. INSURANCE REQUIREMENTS. Before fully executing this Agreement, Contractor, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Contractor and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Contractor shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work. Contractor shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Contractor's bid. Contractor shall not allow any subcontractor to commence work on any subcontract until Contractor has obtained all insurance required herein for the subcontractor(s) and provided evidence to City that such insurance is in effect. VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF THIS AGREEMENT PRIOR TO EXECUTION. Contractor shall maintain all required insurance listed herein for the duration of this Agreement. 4.1 Workers’ Compensation. 4.1.1 General Requirements. Contractor shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Contractor. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than $1,000,000 per accident. In the alternative, Contractor may rely on a self-insurance program to meet these requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. 167 Services Agreement between July 1, 2021 City of Dublin and S2S Environmental Resource Mgmt. Page 6 of 15 The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents, and subcontractors. 4.1.2 Submittal Requirements. To comply with Subsection 4.1, Contractor shall submit the following: a. Certificate of Workers’ Compensation Insurance in the amounts specified in the section; and b. Waiver of Subrogation Endorsement as required by the section. 4.2 Commercial General and Automobile Liability Insurance. 4.2.1 General Requirements. Contractor, at its own cost and expense, shall maintain commercial general liability insurance for the term of this Agreement in an amount not less than $2,000,000 and automobile liability insurance for the term of this Agreement in an amount not less than $2,000,000 per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non-owned automobiles. 4.2.2 Minimum Scope of Coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an “occurrence” basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001, Code 1 (any auto). No endorsement shall be attached limiting the coverage. 4.2.3 Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy: a. The Insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis. b. City, its officers, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of work or operations performed by or on behalf of the Contractor; or automobiles owned, leased, hired, or borrowed by the Contractor. 168 Services Agreement between July 1, 2021 City of Dublin and S2S Environmental Resource Mgmt. Page 7 of 15 c. Contractor hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss. Contractor agrees to obtain any endorsements that may be necessary to affect this waiver of subrogation. d. For any claims related to this Agreement or the work hereunder, the Contractor’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. 4.2.4 Submittal Requirements. To comply with Subsection 4.2, Contractor shall submit the following: a. Certificate of Liability Insurance in the amounts specified in the section; b. Additional Insured Endorsement as required by the section; c. Waiver of Subrogation Endorsement as required by the section; and d. Primary Insurance Endorsement as required by the section. 4.3 All Policies Requirements. 4.3.1 Acceptability of Insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII. 4.3.2 Verification of Coverage. Prior to beginning any work under this Agreement, Contractor shall furnish City with complete copies of all Certificates of Liability Insurance delivered to Contractor by the insurer, including complete copies of all endorsements attached to the policies. All copies of Certificates of Liability Insurance and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the City does not receive the required insurance documents prior to the Contractor beginning work, it shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time. 4.3.3 Deductibles and Self-Insured Retentions. Contractor shall disclose to and obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses. 169 Services Agreement between July 1, 2021 City of Dublin and S2S Environmental Resource Mgmt. Page 8 of 15 4.3.4 Wasting Policies. No policy required by this Section 4 shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense). 4.3.5 Endorsement Requirements. Each insurance policy required by Section 4 shall be endorsed to state that coverage shall not be canceled by either party, except after 30 days’ prior written notice has been provided to the City. 4.3.6 Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 4.4 Remedies. In addition to any other remedies City may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Contractor’s breach:  Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;  Order Contractor to stop work under this Agreement or withhold any payment that becomes due to Contractor hereunder, or both stop work and withhold any payment, until Contractor demonstrates compliance with the requirements hereof; and/or  Terminate this Agreement. Section 5. INDEMNIFICATION AND CONTRACTOR’S RESPONSIBILITIES. Contractor shall indemnify, defend with counsel acceptable to City, and hold harmless City and its officers, officials, employees, agents and volunteers from and against any and all liability, loss, damage, claims, expenses, and costs (including without limitation, attorney’s fees and costs and fees of litigation) (collectively, “Liability”) of every nature arising out of or in connection with Contractor’s performance of the Services or its failure to comply with any of its obligations contained in this Agreement, except such Liability caused by the sole negligence or willful misconduct of City. The Contractor’s obligation to defend and indemnify shall not be excused because of the Contractor’s inability to evaluate Liability or because the Contractor evaluates Liability and determines that the Contractor is not liable to the claimant. The Contractor must respond within 30 days, to the tender of any claim for defense and indemnity by the City, unless this time has been extended by the City. If the Contractor fails to accept or reject a tender of defense and indemnity within 30 days, in addition to any other remedy authorized by law, so much of the money due the Contractor under and by virtue of this Agreement as shall reasonably be considered necessary by the City, may be retained by the City until disposition has been made of the claim or suit for damages, or until the Contractor accepts or rejects the tender of defense, whichever occurs first. 170 Services Agreement between July 1, 2021 City of Dublin and S2S Environmental Resource Mgmt. Page 9 of 15 Notwithstanding the forgoing, to the extent this Agreement is a “construction contract” as defined by California Civil Code Section 2782, as may be amended from time to time, such duties of Contractor to indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Section 6. STATUS OF CONTRACTOR. 6.1 Independent Contractor. At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. This Agreement shall not be construed as an agreement for employment. City shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subsection 1.3; however, otherwise City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement. Contractor further acknowledges that Contractor performs Services outside the usual course of the City’s business; and is customarily engaged in an independently established trade, occupation, or business of the same nature as the Contractor performs for the City, and has the option to perform such work for other entities. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. 6.2 Contractor Not an Agent. Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. Section 7. LEGAL REQUIREMENTS. 7.1 Governing Law. The laws of the State of California shall govern this Agreement. 7.2 Compliance with Applicable Laws. Contractor and any subcontractors shall comply with all laws applicable to the performance of the work hereunder. 171 Services Agreement between July 1, 2021 City of Dublin and S2S Environmental Resource Mgmt. Page 10 of 15 7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Contractor and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 7.4 Licenses and Permits. Contractor represents and warrants to City that Contractor and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Contractor represents and warrants to City that Contractor and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Contractor and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City. 7.5 Nondiscrimination and Equal Opportunity. Contractor shall not discriminate, on the basis of a person’s race, sex, gender, religion (including religious dress and grooming practices), national origin, ancestry, physical or mental disability, medical condition (including cancer and genetic characteristics), marital status, age, sexual orientation, color, creed, pregnancy, genetic information, gender identity or expression, political affiliation or belief, military/veteran status, or any other classification protected by applicable local, state, or federal laws (each a “Protected Characteristic”), against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Contractor under this Agreement. Contractor shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. Section 8. TERMINATION AND MODIFICATION. 8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Contractor. Contractor may cancel this Agreement upon 30 days’ written notice to City and shall include in such notice the reasons for cancellation. In the event of termination, Contractor shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Contractor delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Contractor or prepared by or for Contractor or the City in connection with this Agreement. 8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Contractor understands and agrees that, if City grants such an extension, City shall have no obligation to provide 172 Services Agreement between July 1, 2021 City of Dublin and S2S Environmental Resource Mgmt. Page 11 of 15 Contractor with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Contractor for any otherwise reimbursable expenses incurred during the extension period. 8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties. 8.4 Assignment and Subcontracting. City and Contractor recognize and agree that this Agreement contemplates personal performance by Contractor and is based upon a determination of Contractor’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Contractor. Contractor may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Contractor shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator. 8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Contractor shall survive the termination of this Agreement. 8.6 Options upon Breach by Contractor. If Contractor materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following: 8.6.1 Immediately terminate the Agreement; 8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Contractor pursuant to this Agreement; 8.6.3 Retain a different contractor to complete the work described in Exhibit A not finished by Contractor; or 8.6.4 Charge Contractor the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Contractor pursuant to Section 2 if Contractor had completed the work. Section 9. KEEPING AND STATUS OF RECORDS. 9.1 Records Created as Part of Contractor’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Contractor prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Contractor hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described 173 Services Agreement between July 1, 2021 City of Dublin and S2S Environmental Resource Mgmt. Page 12 of 15 above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Contractor agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both Parties. 9.2 Contractor’s Books and Records. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of 3 years, or for any longer period required by law, from the date of final payment to the Contractor to this Agreement. 9.3 Inspection and Audit of Records. Any records or documents that Subsection 9.2 of this Agreement requires Contractor to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of 3 years after final payment under the Agreement. Section 10. MISCELLANEOUS PROVISIONS. 10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. 10.2 Venue. In the event that either party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Alameda or in the United States District Court for the Northern District of California. 10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement. 10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties. 174 Services Agreement between July 1, 2021 City of Dublin and S2S Environmental Resource Mgmt. Page 13 of 15 10.6 Conflict of Interest. Contractor may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Contractor in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq. Contractor shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Section 1090 et seq. Contractor hereby warrants that it is not now, nor has it been in the previous 12 months, an employee, agent, appointee, or official of the City. If Contractor was an employee, agent, appointee, or official of the City in the previous 12 months, Contractor warrants that it did not participate in any manner in the forming of this Agreement. Contractor understands that, if this Agreement is made in violation of California Government Code Section 1090 et seq., the entire Agreement is void and Contractor will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Contractor will be required to reimburse the City for any sums paid to the Contractor. Contractor understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of California Government Code Section 1090 et seq., and, if applicable, will be disqualified from holding public office in the State of California. 10.7 Solicitation. Contractor agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials. 10.8 Contract Administration. This Agreement shall be administered by the City Manager ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee. 10.9 Notices. Any written notice to Contractor shall be sent to: Surf to Snow Environmental Resource Management, Inc Att: Elizabeth Frantz 2246 Camino Ramon San Ramon, CA 94583 Any written notice to City shall be sent to: City of Dublin Att: Michelle Sung, Environmental Technician 100 Civic Plaza Dublin, CA 94568 10.10 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibit A and B represents the entire and integrated agreement between City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. 175 Services Agreement between July 1, 2021 City of Dublin and S2S Environmental Resource Mgmt. Page 14 of 15 Exhibit A Scope of Services Exhibit B Compensation Schedule 10.11 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. 10.12 Certification per Iran Contracting Act of 2010. In the event that this contract is for one million dollars ($1,000,000.00) or more, by Contractor’s signature below Contractor certifies that Contractor, and any parent entities, subsidiaries, successors or subunits of Contractor are not identified on a list created pursuant to subdivision (b) of Section 2203 of the California Public Contract Code as a person engaging in investment activities in Iran as described in subdivision (a) of Section 2202.5, or as a person described in subdivision (b) of Section 2202.5 of the California Public Contract Code, as applicable. SIGNATURES ON FOLLOWING PAGE 176 Services Agreement between July 1, 2021 City of Dublin and S2S Environmental Resource Mgmt. Page 15 of 15 The Parties have executed this Agreement as of the Effective Date. The persons whose signatures appear below certify that they are authorized to sign on behalf of the respective Party. CITY OF DUBLIN Surf to Snow Environmental Resource Management, Inc Linda Smith, City Manager Elizabeth Frantz, Vice President Attest: Marsha Moore, City Clerk Approved as to Form: City Attorney 3070365.1 177 Services Agreement between July 1, 2021 City of Dublin and S2S Environmental Resource Mgmt. Exhibit A – Page 1 of 7 EXHIBIT A SCOPE OF SERVICES The three specific scopes of work under this contract include: 1) Developing 5-year and annual work plans and conducting inspections to meet MRP Provision C.3 Operations and Maintenance Verification requirements; 2) Developing 5-year and annual works plans and conducting inspections to meet MRP Provision C.4 business inspection requirements; and 3) Providing illicit discharge and spill response services. Detailed descriptions of each scope of work are provided below. A. Municipal Regional Stormwater NPDES Permit (MRP) Provision C.3 Operations and Maintenance Verification Inspections MRP Provision C.3 mandates that permittees conduct an operations and maintenance (O&M) verification program to ensure stormwater treatment and hydromodification management measures (collectively, “stormwater management measures”) remain in effective operating condition in perpetuity. Permittees must conduct O&M verification inspections according to the following formula: • Inspection of an average of 20%, but no less than 15% of total number of Regulated Projects per year, such that all Regulated Projects are inspected at least once every five years. Currently, the City has over 100 Regulated Project sites with installed stormwater management measures. During the first contract year, the City anticipates the Contractor will conduct inspections at approximately 30 Regulated Projects. Of those inspections, approximately 50% will require a second inspection and 10- 15% will require a third inspection. As the number of Regulated Projects with installed stormwater management measures increases, the number of required annual inspections will increase. A Regulated Project may have only one stormwater management measure or it may have multiple stormwater management measures. Regulated Projects may also include sites that have only full trash capture devices installed. Regardless of the number of stormwater management measures at a particular Regulated Project, each inspection will be billed per site inspection in lump sum. Contractor shall provide the proposed lump sum dollar amount per inspection in their proposal, indicating how that lump sum was determined. The Contractor will be responsible for developing a 5-year inspection plan in the first quarter of the contract term. The 5-year inspection plan will be reviewed and approved by the Environmental Services Division in the Public Works Department. The Contractor will develop the plan using the information provided in the Clean Water Program ArcGIS On-Line database, or equivalent database (CWP database) and shall be designed to meet the requirements of the MRP. In addition, the Contractor shall be responsible for providing to the City for review and approval an annual inspection plan, which shall be based on the 5-year inspection plan. Development of the annual inspection plan shall include identifying current site contacts and reviewing the CWP database to verify that project locations in the 5-year plan are up to date. The annual inspection plan shall be provided to the Environmental Services Division by October 1 each year. As part of conducting inspections, Contractor shall set up appointments with site location contacts at least a few days ahead of the inspection date. The Contractor shall use the Alameda Countywide Clean Water 178 Services Agreement between July 1, 2021 City of Dublin and S2S Environmental Resource Mgmt. Exhibit A – Page 2 of 7 Program (ACCWP) Standard Stormwater Treatment BMPs Inspection Report Form (SSBIR form). The Contractor shall be familiar with and follow the City’s Enforcement Response Plan when issuing enforcement actions to facilities with deficiencies in any stormwater management measure. The key tasks under this scope of services for conducting C.3 Operations and Maintenance Verification Inspections shall include the following: A1. First Inspections The follow describes the first inspection process that the Contractor shall follow: 1. In most cases, the City will send a letter to site locations scheduled for inspection prior to Contractor contact. The site location list shall be the list developed as part of the annual inspection plan developed by the Contractor and approved by the City. Once the letter has been sent, the Contractor shall set up appointments with location representative(s) at least a few days ahead of the inspection date and time. The Contractor shall review site drawings and previous inspections at the location to determine compliance history prior to going to the site. 2. Visit the site and meet with location representative. Explain the purpose for the inspection and ask questions to verify that stormwater management measures are operating and being maintained adequately. 3. Ask location representative for maintenance records for all stormwater management measures, particularly underground or proprietary management measures. 4. Fill out the SSBIR forms and obtain the location representative’s signature on the form. Also include the following on the form: o Comments/Remarks/Requirements Section. Indicate in the “remarks” if the on-site catch basins/area drains are labeled “no dumping flows to creek.” If not, require location representative to install storm drain markers. o Take pictures of potential deficiencies to provide to City staff and the location representative. o Determine the appropriate enforcement response timeline, following the City’s Enforcement Response Plan, provided in Attachment A, and indicate the timeline in the SSBIR. 5. If specific locations are not in the Clean Water Program, collect geographic information system (GIS) mapping information for each stormwater management measure. The GIS points shall be correlated with a site map and provided to the City for upload into its ArcGIS on-line platform. 6. Distribute appropriate BMP handouts provided by the City to location representative. 7. Contractor shall refer location representative to the City for additional questions beyond the scope of the inspection. 8. When a location representative is NOT available for inspection, Contractor shall contact the City to determine the action the City would like to take. 9. If it is discovered that the site owner/operator is different than the owner/operator as listed in the annual inspection plan, notify the City of the change. If the new site owner/operator is occupying the location, the Contractor shall provide educational materials, as needed and complete the inspection. 10. All first inspections shall be completed no later than May 15th of each year. 11. For site locations that have stormwater management measures with potential deficiencies, Contractor will let the location representative know about the deficiency at the end of the first inspection. Contractor will show the location representative the deficiencies and/or concerns and 179 Services Agreement between July 1, 2021 City of Dublin and S2S Environmental Resource Mgmt. Exhibit A – Page 3 of 7 provide a timeline to cure the deficiency to the location representative. Contractor shall follow the City’s Enforcement Response Plan when determining the compliance schedule. Contractor shall take pictures of any potential problem areas, document number of pictures taken for a site and note that on the SSBIR form and/or site map. A copy of the SSBIR and accompanying photographs shall be provided by the Contractor to the location representative within 3 business days following the inspection. As necessary and as outlined in the City’s Enforcement Response Plan, the Contractor shall be responsible for writing warning letters, Notice of Violations, or other letters to the location representative outlining violations deficiencies, along with appropriate guidance to address the violations. Contractor shall notify the City by the 3rd business day of the week following the inspection of all locations that require a reinspection. A2. Reinspections of Stormwater Management Measures The follow describes the re-inspection process that the Contractor shall follow: 1. Contractor shall email the City weekly (within 3 business days of the week following the inspection) a “reinspection spreadsheet” list of all site locations that require a reinspection. 2. The City will inform the Contractor within 3 business days following the submittal of “re-inspection Spreadsheet (see reporting below)” if the reinspection will be conducted by the City. In most cases, the Contractor will be expected to perform the reinspection. If the inspection is determined to be done by the Contractor, Contractor shall perform the re-inspections within the appropriate timeframe (generally within 30 business days of the previous inspection as indicated in the City of Dublin’s Enforcement Response Plan). 3. At the reinspection, Contractor shall complete a new SSBIR form and indicate if the appropriate measures have been taken to remedy the deficiencies in the stormwater management measures. Contractor shall take pictures of the areas that were a problem at initial inspection, and email them to the City with the next weekly report to validate that the issue has been remedied. If the City indicates that the deficiencies have been addressed, then the site inspection is considered complete. If a second reinspection is required due to serious deficiencies, Contractor shall notify City staff immediately, and work with City staff to determine what action needs to be taken. B. Municipal Regional Stormwater NPDES Permit Provision C.4 Business Inspections MRP Provision C.4 requires permittees to conduct inspections at all industrial and commercial facilities that could reasonably be considered to cause or contribute to stormwater pollution if proper best management practices are not implemented. The City anticipates that the selected Contractor will be required to conduct a total of 120 to 150 first inspections on a yearly basis. Out of these, it is expected that approximately 10 - 15% will require a second inspection and approximately 5% will require a third inspection. The Contractor will be responsible for developing a 5-year inspection plan in the first quarter of the contract term. The 5-year inspection plan will be reviewed and approved by the Environmental Services Division in the Public Works Department. The Contractor shall develop the plan using the general stormwater business list included in the City’s most recent Annual Report to the Regional Water Quality Control Board and using information provided in the City’s inspection database. The 5-year plan shall be designed to meet the requirements of the MRP. The Contractor shall include in the 5-Year inspection plan details regarding which businesses are required to file a Notice of Intent under the Industrial General NPDES 180 Services Agreement between July 1, 2021 City of Dublin and S2S Environmental Resource Mgmt. Exhibit A – Page 4 of 7 Permit with the State Water Resources Control Board and include compliance status with that State requirement. The Contractor shall use the State Stormwater Multiple Application and Report Tracking System to verify compliance. In addition, the Contractor shall be responsible for providing to the City for review and approval an annual inspection plan, which shall be based on the 5-year inspection plan. Development of the annual inspection plan shall include identifying current site contacts and reviewing the new business list provided by the City to the Contractor to verify the business list is up to date. The contractor shall review the new business list to determine which businesses may cause or contribute to stormwater pollution and therefore should be added to the annual inspection plan for the year. As part of the developing the annual inspection plan, the Contractor shall verify compliance with the State Industrial Permit for businesses included in the annual inspection plan. The new business list will be provided to the Contractor by August 1 annually and the Contractor shall provide the updated annual inspection plan, including new businesses, by September 1 annually. The inspection list may be modified from time-to-time in response to businesses opening/closing or complaints. As part of conducting inspections, Contractor shall set up appointments with businesses at least a few days ahead of the inspection date. Each inspection will be billed on a per inspection basis, (i.e. lump sum). Contractor shall provide their proposed lump sum dollar amount per inspection in their proposal, indicating how that lump sum was determined. The Contractor will be required to use the Alameda Countywide Clean Water Program (ACCWP) Standard Stormwater Facility Inspection Report Form (SSFIR form). The Contractor shall be familiar with and follow the City’ Enforcement Response Plan in the enforcement actions issued to facilities with violations. The key tasks under this scope of services for conducting C.4 Business Stormwater Inspections will include the following: B.1. First Inspections The follow describes the first inspection process that the Contractor shall follow: 1. In most cases, the City will send a letter to businesses to be inspected prior to Contractor contact. Once the letter has been sent, the Contractor shall set up appointments with businesses at least a few days ahead of the inspection date and set an approximate time for the inspection. The Contractor shall review previous inspections at the location to determine compliance history prior to going to the site. 2. Visit the business site and meet with business representative. Explain the purpose for the inspection and ask questions to ascertain that operational Best Management Practices are implemented by the business to prevent stormwater pollution, and for those facilities that are also Regulated Projects under Provision C.3, to verify that on-site stormwater management measures are operating and being maintained adequately. The inspection shall include rooftop observations, as safety allows. As applicable, the inspection shall also note the potential presence of equipment/activities that contain PCBs, mercury, copper, or Styrofoam products. If such products are discovered on-site, the Contractor shall provide information on proper use/disposal of said materials. 3. Fill out the SSFIR forms, obtain the business representative’s signature on the form, and provide a copy of the form to the business representative. 181 Services Agreement between July 1, 2021 City of Dublin and S2S Environmental Resource Mgmt. Exhibit A – Page 5 of 7 i. Comments/Remarks/Requirements Section. Indicate in the “remarks” if the on-site catch basins/area drains are labeled “no dumping flows to creek.” If not, require business representative to install storm drain markers. • Verify compliance with the City’s extended polystyrene ordinance. • Verify compliance with StopWaste’s Reusable Bag Ordinance. • Document if there is a litter issue. • Document if on-site trash capture devices are installed on-site and being properly maintained. The inspector shall ask for maintenance records for on-site trash capture devices. • Take pictures of potential violations to provide to City staff and the business representative. • Determine the appropriate enforcement response timeline, following the City’s Enforcement Response Plan, and indicate the timeline in the SSFIR. 4. Distribute the appropriate BMP handouts provided by the City to business owners/managers. 5. If an active discharge is observed during the inspection, the Contractor shall take the necessary steps to stop the discharge and immediately contact the City. 6. Contractor shall refer businesses to contact the City for additional questions beyond the scope of the inspection. 7. When a business representative is NOT available for inspection, Contractor shall contact the City to determine the action the City would like to take. 8. If it is discovered that a business is no longer in operation, Contractor shall complete an SSFIR indicating that the site is out of business. Note if a new business has moved into the facility and provide the information to the City. Conduct an inspection, as necessary. 9. All first inspections shall be completed no later than June 15th of each year. 10. For businesses that have potential or actual stormwater violations, Contractor will let the business representative know at the end of the first inspection that the business has violation(s) that must be addressed. Contractor will show the business representative all potential or actual violations and/or concerns and provide a timeline to the business representative. Contractor will follow the City’s Enforcement Response Plan when determining compliance schedule. Contractor shall take pictures of any actual or potential problem areas, document number of pictures taken for a site and note that on the SSFIR form. If necessary and as outlined in the City’s Enforcement Response Plan, the Contractor shall be responsible for writing warning letters, Notice of Violations, or other letters to the business representative outlining violations or potential violations, along with appropriate guidance to address the violations. Contractor will notify the City by the 3rd business day of the week following inspection of all businesses that require a re-inspection. B.2 Reinspection of Businesses 1. Contractor shall email the City weekly (within 3 business days of the week following the inspection) a “reinspection spreadsheet” list of all businesses that require a reinspection. 2. The City will inform the Contractor within 3 business days following the submittal of “reinspection spreadsheet” if the reinspection will be conducted by the City. In most cases, the Contractor will be expected to perform the reinspection. 3. If the inspection is determined to be done by the Contractor, Contractor shall perform the re- inspections within the appropriate timeframe (generally within 10 business days of the previous 182 Services Agreement between July 1, 2021 City of Dublin and S2S Environmental Resource Mgmt. Exhibit A – Page 6 of 7 inspection unless rain is imminent, as indicated in the City of Dublin’s Enforcement Response Plan). At the reinspection, Contractor shall complete a new SSFIR form and indicate if the business has made the appropriate corrections/changes. Contractor shall take pictures of the areas that were a problem at initial inspection and email them to the City with the next weekly report. If the City indicates that the business is now in compliance and all potential and actual violations have been corrected, then the business inspection is considered complete. If reinspection is required due to serious violation, Contractor shall notify City staff immediately, and work with City staff to determine what action needs to be taken. C. Illicit Discharge and Spill Response Assistance Environmental Services Division (ESD) in the Public Works Department has responsibility for illicit discharge and spill response, investigation, cleanup, follow-up, and record keeping. ESD will utilize the Contractor to assist with spill response efforts for the City. The Contractor will be the first responder, as needed, on evenings, weekends, and holidays. The City will utilize the Contractor for assistance with spill and discharge response, as needed. The Contractor may be called upon to conduct investigations, develop action plans, assist with spill containment, assist with recordkeeping and time tracking, conduct follow-up work, or other activities as described in the City’s Spill and Discharge Response Plan. The Contractor is required to follow the Spill and Discharge Response Plan as it may be updated from time-to-time. As the first responder, the Contractor shall use the city’s Urban Runoff and Incident Report Form and follow procedures as outlined in the City’s Spill and Discharge Response Plan after consulting with City staff regarding how to proceed with the response. The Contractor will provide a qualified individual to conduct site investigations associated with any reported spills or discharges. The spill inspector will obtain the appropriate field forms and any available improvement plans and/or any GIS information identifying the location of storm drains in the immediate area. The City may ask the Contractor to take the lead collecting samples of the material discharged. The Contractor is responsible for providing the spill inspector appropriate PPE and field equipment, including a camera and reporting materials. Assumptions for Spill Response Investigations: The Contractor shall assume there will be up to 12 spill investigations needed per fiscal year. The Contractor shall assume a typical spill response investigation will take no more than 4 hours initially. The Contractor shall assume the follow up on the incident will take no more than 1.5 hours. The Contractor shall assume the emergency weekend/after hours on-call rate will be 1.5 times the normal hourly rate. In the event the Contractor is the first to arrive at an emergency situation (hazardous or unknown material spill), the Contractor shall notify First Responders and the City of Dublin in parallel to immediately resolve any unsafe/hazardous situations. For all other non-hazardous spills, the Contractor would follow the reporting protocol as outlined by the City of Dublin and the City of Dublin will make all agency and responsible party potential fine notifications. 183 Services Agreement between July 1, 2021 City of Dublin and S2S Environmental Resource Mgmt. Exhibit A – Page 7 of 7 Post Inspection Reporting and Deliverables: This section is applicable to both C.3 Operations and Maintenance Verification Inspections and C.4 Stormwater Business Inspections. Contractor shall provide the following: 1. Send weekly reports electronically to the City (by the 3rd day of the following business week), apprising the City with the status of inspections. The weekly reports must include a summary of the number of business inspections completed to date, the number of first inspections remaining, a list of the businesses that need reinspection and an updated work plan outlining when the inspections will be completed. 2. Include electronic copies of Stormwater Inspection Report Forms and photographs for all inspections completed that week. Picture format should include a date/time notation. 3. Monthly - return completed originals of all inspections to City. Hardcopy of originals due by 20th of the month in which the inspections were completed (e.g., hard copies of the September inspections are due by October 20th). City of Dublin will provide the Contractor with the following: 1. New general business listings for potential general stormwater business inspections. 2. Access to the Clean Water Program database. 3. BMP brochures to hand out to businesses. 4. Hard copies of SSFIR forms. SSBIR forms will be made available electronically for the Contractor to print. 5. Inspection history and other relevant data/information. Project Management and QA/QC The Contractor shall provide a Project Manager for coordination and management of the Contractor team activities and communication with the City of Dublin. Contingency This contract includes a contingency amount of $10,000 which may only be expended upon pre-verification approval by the City, 184 Services Agreement between July 1, 2021 City of Dublin and S2S Environmental Resource Mgmt. Exhibit B – Page 1 of 1 EXHIBIT B COMPENSATION SCHEDULE 185 REQUEST FOR PROPOSALS SB 1383 Implementation Assistance City of Dublin Proposals must be received by: March 19, 2021 Michelle Sung, Environmental Technician 100 Civic Plaza City of Dublin, CA 94568 Proposals will be evaluated on the following: a) responsiveness to the Request for Proposal questions, b) experience of the firm, c) experience and qualifications of the assigned individuals and d) Satisfaction of previous clients. Attachment 7 186 Request for Proposal For SB 1383 Implementation Assistance Overview The City of Dublin (City) is issuing this RFP to hire a Contractor to support the City’s compliance with the State of California Short-Lived Climate Pollution Reduction Act (SB 1383). The City is seeking a Contractor that will assist with implementation of SB 1383 requirements by providing technical assistance, education, and outreach to businesses and multifamily properties in coordination with Amador Valley Industries (AVI). AVI has an exclusive franchise to haul all municipal solid waste, recyclables, organics, and construction and demolition waste with the City. AVI provides a 3-stream collection system for garbage, recycling, and organics. The Contractor should have experience assisting businesses and/or multifamily properties with starting diversion programs, be able to work collaboratively with AVI to set up and maintain diversion programs and be well-informed on SB 1383 regulations. The City may elect to hire one Contractor for all services in this RFP or may select separate Contractors for specific tasks in this RFP. The scope of work is outlined below. Project Description: The Contractor will be required to deliver technical assistance to businesses, multifamily properties, and edible food generators in Dublin to ensure compliance with SB 1383. The Contractor will be required to conduct the following tasks on an ongoing basis. Tasks: 1. Conduct waste assessments to identify businesses and/or multifamily properties that are eligible to receive SB 1383 De Minimis Waivers. Coordinate with AVI on planned activities. 2. In coordination with City staff, develop and implement an outreach plan for businesses, single-family homeowners, and multifamily properties on SB 1383 requirements. Contractor will also coordinate with AVI on planned activities, work with customers to implement new compost programs, provide cost analyses, education and outreach, and coordinate with AVI as needed to implement service level changes. 3. Conduct outreach to Tier 1 and Tier 2 commercial edible food generators to convey SB 1383 requirements, support set up of edible food donation programs, and confirm written agreements are in place with food recovery organizations, if any. 4. Conduct an analysis and provide a plan to help the City identify SB 1383 procurement options. The analysis shall include an estimate of compost/mulch quantities that could be applied to parks, open space, right-of-way, and other City owned property and shall also consider other options that would 187 satisfy the procurement requirement (e.g. partnering with direct service providers and/or special districts). 5. Provide a report on potential SB 1383 data tracking and management options, including proprietary and non-proprietary database and reporting systems. 6. As necessary and as directed by City staff: Conduct lid lift assessments to identify contamination in organics and recycling streams, address contamination by providing technical assistance. 7. As necessary and as directed by City staff: Conduct lid lift assessments to identify target materials (organics and/or recyclables) in the garbage. Identify opportunities to reduce target materials from garbage stream by recommending service level changes, providing cost analyses, and coordinating with AVI to implement changes as needed. 8. Track activities and progress towards objectives. Deliverables: At minimum, deliverables for this project shall include one-time and Quarterly Reports that include the following: 1. Community outreach plan for SB 1383 compliance. 2. Compost procurement options report. 3. Database tracking and management report. 4. Activity tracking for outreach and recommendations provided to businesses and multifamily properties. 5. Documentation of businesses or multifamily properties that qualify for De Minimis waivers including location, date of assessment, and name of generator that qualifies for waiver. 6. Documentation of outreach provided to edible food generators, and list of generators that have contracts with food recovery organizations. Process and General Conditions 1. Proposers shall submit one electronic copy to: Michelle Sung Environmental Technician 100 Civic Plaza Dublin, CA 94568 es@dublin.ca.gov Electronic copies must be submitted as PDF 1.4 format or greater, with a maximum file size of 150 megabytes (150 MB). 2. Deadline for submitting the proposal is 4:00 p.m. March 19, 2021. 3. The City will not pay for any costs incurred in preparation and submission of the proposals or in anticipation of a contract. The format of submittals is at the discretion of the Proposer. Each proposal shall be limited to a maximum of 15 pages, single-sided, using minimum 12-point font size. Page limit excludes a table of contents, tabbed dividers, and resumes for Contractor’s team. 188 Schedule for RFP Process February 26, 2021 Request for Proposals posted. March 4, 2021 Deadline to submit questions to City of Dublin March 10, 2021 Addendum posted, if required March 19, 2021 Proposals are due no later than 4:00 PM on March 19, 2021, via email. Late submittals and paper copies will not be accepted. Week of March 29 Interview firms (optional) May 18, 2021 Consulting Services Agreement scheduled for approval by the Dublin City Council. (Tentative dates, subject to change) RFP Submittal Requirements Please prepare and organize your Statement of Qualification based on the requirements provided below. Any other information you would like to include should be placed in a separated section at the back of your Statement of Qualification. Please note however that the RFQ submittal is limited to 15 pages maximum single sided (excluding resumes) and should be submitted in 12-point font. Page limit excludes a table of contents, tabbed dividers, and resumes for Contractor’s team. Interested firms are requested to submit one electronic copy of their Proposal as follows: 1. Enclose a cover letter not to exceed one page, describing the firm's interest and commitment to perform work necessary to provide consulting services for a preliminary engineering study. The person authorized by the firm to negotiate a contract with the City of Dublin shall sign the cover letter. Please include this cover letter within document and not as a separate page. 2. State the qualifications and experience of the firm/individual(s). Please emphasize the specific qualifications and experience with engagements of similar scope and complexity. 3. Provide at least three references (names and current phone numbers) from recent work (previous five years) similar to the services outlined in this request for qualification. Please include a brief description of the work performed and the role your firm performed. 4. List key staff members, including identification of the Principal-in-Charge and Project Manager/primary point-of-contact. Include each team member’s availability, including all existing committed hours, and the ability of being able to complete the project in time and budget. 5. Provide an approach to completing this project, showing the flow of various tasks of the work and 189 demonstrating the clear understanding of the requested work. 6. Provide a project schedule. 7. Present proposed project budget, to include a compensation rate schedule for services. 8. Provide confirmation of your firm’s ability to meet the City’s Standard Consulting Agreement and insurance requirements. Exceptions to the Agreement and insurance requirements shall be specifically noted in the Proposal. Proposals are due via email no later than March 19, 2021 by 4:00 p.m. The entire Proposal (excluding resumes) should be a maximum of 15 pages. Submittals should be addressed as follows: City of Dublin, Public Works Department Attention: Michelle Sung City of Dublin 100 Civic Plaza Dublin, California 94568 es@dublin.ca.gov Late submittals and paper copies will not be accepted. Any Proposal submitted after the stated deadline will not be accepted for consideration. Standard Consulting Agreement: It is anticipated that the services covered by the Agreement resulting from this solicitation will be performed on a time and materials fee basis for a specified scope of work. The term of the agreement is anticipated to begin on or around June 15, 2021, but potentially sooner. The precise start date will be determined when the contract is executed. A sample of the City’s Standard Consulting Agreement (Agreement), including insurance requirements, is provided as Attachment A. If the interested firm desires to take exception to the Agreement and/or insurance requirements, the interested firm shall clearly identify proposed changes to the Agreement and furnish the reason for these changes, which shall be included in the qualification. Exceptions will be taken into consideration in evaluating Proposals. Otherwise, the interested firm is to state in the proposal that the Agreement and insurance requirements are acceptable. Consideration for exceptions will not be considered if not included in the submitted proposal. Conflict of Interest Proposer agrees that, for the term of this contract, no member, officer or employee of the City of Dublin, or of a public body within Alameda County or member or delegate to the Congress of the United States, during his/her 190 tenure or for one year thereafter, shall have any direct interest in the contracts or any direct or material benefit arising therefrom. Proposers must provide a list of any potential conflicts of interest in working for the City of Dublin. This must include, but is not limited to, a list of your firm’s clients who are the following: Private clients located or operating within the City of Dublin limits, Dublin San Ramon Service District, US Army Camp Parks and/or the County of Alameda, and a brief description of work for these clients. Proposers must also identify any other clients (including public entities), that may pose a potential conflict of interest, as well as a brief description of work you provide to these clients. This list must include all potential conflicts of interest within the year prior to the release of this RFQ as well as current and future commitments to other projects. Principals and those performing work for City of Dublin may be required to submit a California Fair Political Practices Commission (FPPC) Form 700: Statement of Economic Interests documenting potential financial conflicts of interest. For additional information, proposers should refer to the FPPC website at http://www.fppc.ca.gov/Form700.html. Equal Employment Opportunity Proposer shall not, on the grounds of race, color, sex, age, religion, national origin, ancestry, physical handicap, medical condition, or marital status either discriminate or permit discrimination against any employee or applicant for employment in any manner prohibited by Federal, State or local laws. In the event of Proposer non- compliance, the City of Dublin may cancel, terminate or suspend the Contract in whole or in part. Proposer may also be declared ineligible for further contracts with the City of Dublin. Proposer shall take affirmative action to ensure that applicants are employed, and that employees are treated during their employment, without regard to their race, religion, color, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Proposer and its sub-Contractors shall post in conspicuous places, available to all employees and applicants for employment, a notice setting forth the following provisions [29 U.S.C. § 623, 42 U.S.C. § 2000, 42 U.S.C. § 6102, 42 U.S.C. § 12112, 42 U.S.C. § 12132, 49 U.S.C. § 5332, 29 CFR Part 1630, 41 CFR Parts 60 et seq.]. Governing Law This RFP summarizes the applicable laws and governance; when in conflict applicable State/Federal guidelines shall apply. The contract and legal relations between the parties hereto shall be governed and construed in accordance with the laws of the State of California. Insurance Requirements The Contractor shall provide insurance coverage as follows in conformance with the City of Dublin’s requirements: General Liability Insurance $1,000,000 Automobile Liability Insurance $1,000,000 Professional Liability Insurance $1,000,000 191 Workers’ Compensation Insurance $1,000,000 References Contractor must include three (3) references for which the company has provided services similar to those described in this RFP. Reference information shall include: Name, Address, Contact, Title, Phone Number, and Term of the Contract. Review and Selection Process The City reserves the right to make the selection based on its sole discretion. A subcommittee selected by City Staff will evaluate proposals provided in response to this RFP. The subcommittee will use a forced ranking process (please see Attachment B, Forced Ranking Rating Sheet, for further detail). Informal interviews may be conducted by City staff, and may include more than one firm that has submitted a Proposal. Based on input from this review process, a recommendation will be made to the City Manager. The City Manager will make a recommendation to the City Council for award of contract services. The City reserves the right to award a contract to the firm(s) that the City feels best meets the requirements of the RFP. The City reserves the right to reject any and all Proposals prior to execution of the Agreement, with no penalty to the City. Selection of Contractor Submitted Proposals will be evaluated and scored using the following criteria: •Qualifications and specific experience of key project team members. •Quality and completeness of the proposal. •Experience with engagement of similar scope and complexity. •Satisfaction of previous clients. •Cost of providing the Contractor services for this project. 192 Attachment A and B to RFP Removed for June 1, 2021 Council Meeting 193 REQUEST FOR PROPOSALS Solid Waste Franchise Agreement Amendment and SB 1383 Implementation City of Dublin Proposals must be received by: April 1, 2021 Michelle Sung, Environmental Technician 100 Civic Plaza City of Dublin, CA 94568 Proposals will be evaluated on the following: a) responsiveness to the Request for Proposal questions, b) experience of the firm, c) experience and qualifications of the assigned individuals and d) Satisfaction of previous clients. 194 Request for Proposal For Solid Waste Franchise Agreement Amendment and SB 1383 Implementation Overview The City of Dublin (City) is issuing this RFP to hire a Consultant to assist with amending the City’s Solid Waste Franchise Agreement with Amador Valley Industries (AVI) to support the City’s compliance with the State of California Short-Lived Climate Pollution Reduction Act (SB 1383). AVI has an exclusive franchise to haul all municipal solid waste, recyclables, organics, and construction and demolition waste with the City. The City has contracted with AVI since 2004 and extended the agreement for a term of 15 years in June 2020. The scope of work is outlined below. Project Description: The Consultant will examine the City’s existing franchise agreement with AVI to determine what tasks and activities are recommended to be included in the franchise agreement as hauler responsibilities to ensure the City’s compliance with SB 1383 regulations. The Consultant will also review the City’s solid waste ordinances and provide guidance on recommended updates to the ordinances to meet SB 1383 requirements. Tasks: 1.Review the City’s solid waste franchise agreement and related activities performed by the City’s waste hauler to conduct a gap analysis to assess what programs and activities are needed for the City to be in compliance with all SB 1383 provisions. As part of the gap analysis, the Consultant will identify areas where the City is already meeting SB 1383 requirements and areas in which new programs/activities are required to meet SB 1383 mandates. 2.Identify SB 1383 program areas that should be implemented with City staff or resources and those that should be considered during solid waste franchise agreement contract negotiations as hauler obligations. 3.Provide a financial analysis detailing an estimate of SB 1383 program costs, both for City supported programs/activities and hauler programs and activities. The financial analysis must identify potential funding streams for the various programs/activities. 4.Support City staff in contract negotiations with AVI on SB 1383 franchise agreement amendments. Provide recommendations to the City during contract negotiations. 5.Review the City’s solid waste ordinances and template ordinances provided by CalRecyle and/or StopWaste and provide a draft ordinance revision and recommendations regarding updating City ordinances to meet SB 1383 mandates. 195 Deliverables: At minimum, deliverables for this project shall include the following: 1.Gap Analysis on franchise agreement and other solid waste program activities to determine SB 1383 compliance status. 2.Financial Report detailing program implementation costs and potential funding sources to meet SB 1383 mandates. 3.Report outlining suggested amendments to the City’s existing solid waste franchise agreement. 4.Provide a draft solid waste ordinance revision with recommendations for updates to the City’s solid waste ordinances. Process and General Conditions 1.Proposers shall submit one electronic copy to: Michelle Sung Environmental Technician 100 Civic Plaza Dublin, CA 94568 es@dublin.ca.gov Electronic copies must be submitted as PDF 1.4 format or greater, with a maximum file size of 50 megabytes (50 MB). 2.Deadline for submitting the proposal is 4:00 p.m. April 1, 2021. 3.The City will not pay for any costs incurred in preparation and submission of the proposals or in anticipation of a contract. The format of submittals is at the discretion of the Proposer. Each proposal shall be limited to a maximum of 15 pages, single-sided, using minimum 12-point font size. Page limit excludes a table of contents and resumes for Contractor’s team. Schedule for RFP Process March 11, 2021 Request for Proposals posted. March 17, 2021 Deadline to submit questions to City of Dublin March 23, 2021 Addendum posted, if required April 1, 2021 Proposals are due no later than 4:00 PM on April 1, 2021, via email. Late submittals and paper copies will not be accepted. Week of April 12 Interview firms (optional) 196 May 18, 2021 Consulting Services Agreement scheduled for approval by the Dublin City Council. (Tentative dates, subject to change) RFP Submittal Requirements Please prepare and organize your Statement of Qualification based on the requirements provided below. Any other information you would like to include should be placed in a separated section at the back of your Statement of Qualification. Please note however that the RFQ submittal is limited to 15 pages maximum single sided (excluding resumes) and should be submitted in 12-point font. Page limit excludes a table of contents and resumes for Contractor’s team. Interested firms are requested to submit one electronic copy of their Proposal as follows: 1.Enclose a cover letter not to exceed one page, describing the firm's interest and commitment to perform work necessary to provide consulting services for solid waste franchise agreement amendments. The person authorized by the firm to negotiate a contract with the City of Dublin shall sign the cover letter. Please include this cover letter within document and not as a separate page. 2.State the qualifications and experience of the firm/individual(s). Please emphasize the specific qualifications and experience with engagements of similar scope and complexity. 3.Provide at least three references (names and current phone numbers) from recent work (previous five years) similar to the services outlined in this request for qualification. Please include a brief description of the work performed and the role your firm performed. 4.List key staff members, including identification of the Principal-in-Charge and Project Manager/primary point-of-contact. Include each team member’s availability, including all existing committed hours, and the ability of being able to complete the project in time and budget. 5.Provide an approach to completing this project, showing the flow of various tasks of the work and demonstrating the clear understanding of the requested work. 6.Provide a project schedule. 7.Present proposed project budget, to include a compensation rate schedule for services. 8.Provide confirmation of your firm’s ability to meet the City’s Standard Consulting Agreement and insurance requirements. Exceptions to the Agreement and insurance requirements shall be specifically noted in the Proposal. Proposals are due via email no later than April 1, 2021 by 4:00 p.m. The entire Proposal (excluding resumes) should be a maximum of 15 pages. Submittals should be addressed as follows: 197 City of Dublin, Public Works Department Attention: Michelle Sung City of Dublin 100 Civic Plaza Dublin, California 94568 es@dublin.ca.gov Late submittals and paper copies will not be accepted. Any Proposal submitted after the stated deadline will not be accepted for consideration. Standard Consulting Agreement: It is anticipated that the services covered by the Agreement resulting from this solicitation will be performed on a time and materials fee basis for a specified scope of work. The term of the agreement is anticipated to begin on or around May 21, 2021, but potentially sooner. The precise start date will be determined when the contract is executed. A sample of the City’s Standard Consulting Agreement (Agreement), including insurance requirements, is provided as Attachment A. If the interested firm desires to take exception to the Agreement and/or insurance requirements, the interested firm shall clearly identify proposed changes to the Agreement and furnish the reason for these changes, which shall be included in the qualification. Exceptions will be taken into consideration in evaluating Proposals. Otherwise, the interested firm is to state in the proposal that the Agreement and insurance requirements are acceptable. Consideration for exceptions will not be considered if not included in the submitted proposal. Conflict of Interest Proposer agrees that, for the term of this contract, no member, officer or employee of the City of Dublin, or of a public body within Alameda County or member or delegate to the Congress of the United States, during his/her tenure or for one year thereafter, shall have any direct interest in the contracts or any direct or material benefit arising therefrom. Proposers must provide a list of any potential conflicts of interest in working for the City of Dublin. This must include, but is not limited to, a list of your firm’s clients who are the following: Private clients located or operating within the City of Dublin limits, Dublin San Ramon Service District, US Army Camp Parks and/or the County of Alameda, and a brief description of work for these clients. Proposers must also identify any other clients (including public entities), that may pose a potential conflict of interest, as well as a brief description of work you provide to these clients. This list must include all potential conflicts of interest within the year prior to the release of this RFQ as well as current and future commitments to other projects. 198 Principals and those performing work for City of Dublin may be required to submit a California Fair Political Practices Commission (FPPC) Form 700: Statement of Economic Interests documenting potential financial conflicts of interest. For additional information, proposers should refer to the FPPC website at http://www.fppc.ca.gov/Form700.html. Equal Employment Opportunity Proposer shall not, on the grounds of race, color, sex, age, religion, national origin, ancestry, physical handicap, medical condition, or marital status either discriminate or permit discrimination against any employee or applicant for employment in any manner prohibited by Federal, State or local laws. In the event of Proposer non-compliance, the City of Dublin may cancel, terminate or suspend the Contract in whole or in part. Proposer may also be declared ineligible for further contracts with the City of Dublin. Proposer shall take affirmative action to ensure that applicants are employed, and that employees are treated during their employment, without regard to their race, religion, color, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Proposer and its sub-Contractors shall post in conspicuous places, available to all employees and applicants for employment, a notice setting forth the following provisions [29 U.S.C. § 623, 42 U.S.C. § 2000, 42 U.S.C. § 6102, 42 U.S.C. § 12112, 42 U.S.C. § 12132, 49 U.S.C. § 5332, 29 CFR Part 1630, 41 CFR Parts 60 et seq.]. Governing Law This RFP summarizes the applicable laws and governance; when in conflict applicable State/Federal guidelines shall apply. The contract and legal relations between the parties hereto shall be governed and construed in accordance with the laws of the State of California. Insurance Requirements The Contractor shall provide insurance coverage as follows in conformance with the City of Dublin’s requirements: General Liability Insurance $1,000,000 Automobile Liability Insurance $1,000,000 Professional Liability Insurance $1,000,000 Workers’ Compensation Insurance $1,000,000 References Contractor must include three (3) references for which the company has provided services similar to those described in this RFP. Reference information shall include: Name, Address, Contact, Title, Phone Number, and Term of the Contract. Review and Selection Process The City reserves the right to make the selection based on its sole discretion. A subcommittee selected by City Staff will evaluate proposals provided in response to this RFP. The subcommittee will use a forced 199 ranking process (please see Attachment B, Forced Ranking Rating Sheet, for further detail). Informal interviews may be conducted by City staff, and may include more than one firm that has submitted a Proposal. Based on input from this review process, a recommendation will be made to the City Manager. The City Manager will make a recommendation to the City Council for award of contract services. The City reserves the right to award a contract to the firm(s) that the City feels best meets the requirements of the RFP. The City reserves the right to reject any and all Proposals prior to execution of the Agreement, with no penalty to the City. Selection of Contractor Submitted Proposals will be evaluated and scored using the following criteria: •Qualifications and specific experience of key project team members. •Quality and completeness of the proposal. •Experience with engagement of similar scope and complexity. •Satisfaction of previous clients. •Cost of providing the Contractor services for this project. 200 Attachment A and B to RFP Removed for June 1, 2021 Council Meeting 201 REQUEST FOR PROPOSALS Municipal Regional Stormwater NPDES Permit Inspections and Illicit Discharge Response Services City of Dublin Proposals must be received by: February, 24th by 4 pm Shannan Young, Environmental & Sustainability Manager Public Works Department 100 Civic Plaza City of Dublin, CA 94568 Proposals will be evaluated on the following: a) responsiveness to the Request for Proposal questions, b) experience of the firm, c) experience and qualifications of the assigned individuals and d) Satisfaction of previous clients. 202 Request for Proposal For Municipal Regional Stormwater NPDES Permit Inspections and Illicit Discharge Response Services Overview The City of Dublin (City) is issuing this RFP to hire a Contractor(s) to assist meeting permit mandates under the Municipal Regional Stormwater NPDES Permit Order No. R2-2015-0049 (MRP) and the successor permit. Specifically, the City desires to select a Contractor(s) to conduct inspections to meet requirements of MRP Provisions C.3 and C.4, to assist with illicit discharge, and MRP Provision C.5, spill response. The Contractor(s) must be well informed about the respective MRP Provisions for which the entity is hired to assist the City. The City may elect to hire one Contractor for all services in this RFP or may select separate Contractors for specific tasks in this RFP. The scope of work is outlined below. Project Description: The three specific scopes of work under this RFP include: A.Developing 5-year and annual work plans and conducting inspections to meet MRP Provision C.3 Operations and Maintenance Verification requirements; B.Developing 5-year and annual works plans and conducting inspections to meet MRP Provision C.4 business inspection requirements; and C.Providing illicit discharge and spill response services. Detailed descriptions of each scope of work are provided below. A.Municipal Regional Stormwater NPDES Permit (MRP) Provision C.3 Operations and Maintenance Verification Inspections MRP Provision C.3 mandates that permittees conduct an operations and maintenance (O&M) verification program to ensure stormwater treatment and hydromodification management measures (collectively, “stormwater management measures”) remain in effective operating condition in perpetuity. Permittees must conduct O&M verification inspections according to the following formula: •Inspection of an average of 20%, but no less than 15% of total number of Regulated Projects per year, such that all Regulated Projects are inspected at least once every five years. Currently, the City has over 100 Regulated Project sites with installed stormwater management measures. During the first contract year, the City anticipates the Contractor will conduct inspections at approximately 30 Regulated Projects. Of those inspections, approximately 50% will require a second inspection and 10-15% will require a third inspection. As the number of Regulated Projects with installed stormwater management measures increases, the number of required annual inspections will increase. 203 A Regulated Project may have only one stormwater management measure or it may have multiple stormwater management measures. Regulated Projects may also include sites that have only full trash capture devices installed. Regardless of the number of stormwater management measures at a particular Regulated Project, each inspection will be billed per site inspection in lump sum. Contractor shall provide the proposed lump sum dollar amount per inspection in their proposal, indicating how that lump sum was determined. The Contractor will be responsible for developing a 5-year inspection plan in the first quarter of the contract term. The 5-year inspection plan will be reviewed and approved by the Environmental Services Division in the Public Works Department. The Contractor will develop the plan using the information provided in the Clean Water Program ArcGIS On-Line database, or equivalent database (CWP database) and shall be designed to meet the requirements of the MRP. In addition, the Contractor shall be responsible for providing to the City for review and approval an annual inspection plan, which shall be based on the 5-year inspection plan. Development of the annual inspection plan shall include identifying current site contacts and reviewing the CWP database to verify that project locations in the 5-year plan are up to date. The annual inspection plan shall be provided to the Environmental Services Division by October 1 each year. As part of conducting inspections, Contractor shall set up appointments with site location contacts at least a few days ahead of the inspection date. The Contractor shall use the Alameda Countywide Clean Water Program (ACCWP) Standard Stormwater Treatment BMPs Inspection Report Form (SSBIR form). The Contractor shall be familiar with and follow the City’s Enforcement Response Plan when issuing enforcement actions to facilities with deficiencies in any stormwater management measure. The key tasks under this scope of services for conducting C.3 Operations and Maintenance Verification Inspections shall include the following: A1. First Inspections The follow describes the first inspection process that the Contractor shall follow: 1. The contractor will send a letter to site locations on the inspection list prior to contacting the site representative. The site location list shall be the list developed as part of the annual inspection plan developed by the Contractor and approved by the City. Once the letter has been sent, the Contractor shall set up appointments with location representative(s) at least a few days ahead of the inspection date and time. The Contractor shall review site drawings and previous inspections at the location to determine compliance history prior to going to the site. 2. Visit the site and meet with location representative. Explain the purpose for the inspection and ask questions to verify that stormwater management measures are operating and being maintained adequately. 3. Ask location representative for maintenance records for all stormwater management measures, particularly underground or proprietary management measures. 4. Fill out the SSBIR forms and obtain the location representative’s signature on the form. Also include the following on the form: o Comments/Remarks/Requirements Section. Indicate in the “remarks” if the on-site catch basins/area drains are labeled “no dumping flows to creek.” If not, require location representative to install storm drain markers. o Take pictures of potential deficiencies to provide to City staff and the location representative. 204 o Determine the appropriate enforcement response timeline, following the City’s Enforcement Response Plan, provided in Attachment A, and indicate the timeline in the SSBIR. 5. If specific locations are not in the CWP database, collect geographic information system (GIS) mapping information for each stormwater management measure. The GIS points shall be correlated with a site map and provided to the City for upload into its ArcGIS on-line platform. 6. Distribute appropriate BMP handouts provided by the City to location representative. 7. Contractor shall refer location representative to the City for additional questions beyond the scope of the inspection. 8. When a location representative is NOT available for inspection, Contractor shall contact the City to determine the action the City would like to take. 9. If it is discovered that the site owner/operator is different than the owner/operator as listed in the annual inspection plan, notify the City of the change. If the new site owner/operator is occupying the location, the Contractor shall provide educational materials, as needed and complete the inspection. 10. All first inspections shall be completed no later than May 15th of each year. 11. For site locations that have stormwater management measures with potential deficiencies, Contractor will let the location representative know about the deficiency at the end of the first inspection. Contractor will show the location representative the deficiencies and/or concerns and provide a timeline to cure the deficiency to the location representative. Contractor shall follow the City’s Enforcement Response Plan when determining the compliance schedule. Contractor shall take pictures of any potential problem areas, document number of pictures taken for a site and note that on the SSBIR form and/or site map. A copy of the SSBIR and accompanying photographs shall be provided by the Contractor to the location representative within 3 business days following the inspection. As necessary and as outlined in the City’s Enforcement Response Plan, the Contractor shall be responsible for writing warning letters, Notice of Violations, or other letters to the location representative outlining violations deficiencies, along with appropriate guidance to address the violations. Contractor shall notify the City by the 3rd business day of the week following the inspection of all locations that require a re-inspection. A2. Re-inspections of Stormwater Management Measures The follow describes the re-inspection process that the Contractor shall follow: 1. Contractor shall email the City weekly (within 3 business days of the week following the inspection) a “re-inspection spreadsheet” list of all site locations that require a re-inspection. 2. The City will inform the Contractor within 3 business days following the submittal of “re- inspection Spreadsheet (see reporting below)” if the re-inspection will be conducted by the City. In most cases, the Contractor will be expected to perform the re-inspection. If the inspection is determined to be done by the Contractor, Contractor shall perform the re-inspections within the appropriate timeframe (generally within 30 business days of the previous inspection as indicated in the City of Dublin’s Enforcement Response Plan). 3. At the re-inspection, Contractor shall complete a new SSBIR form and indicate if the appropriate measures have been taken to remedy the deficiencies in the stormwater management measures. Contractor shall take pictures of the areas that were a problem at initial inspection and email them to the City with the next weekly report to validate that the issue has been remedied. If the City indicates that the deficiencies have been addressed, then the site 205 inspection is considered complete. If a second re-inspection is required due to serious deficiencies, Contractor shall notify City staff immediately, and work with City staff to determine what action needs to be taken. B. Municipal Regional Stormwater NPDES Permit Provision C.4 Business Inspections MRP Provision C.4 requires permittees to conduct inspections at all industrial and commercial facilities that could reasonably be considered to cause or contribute to stormwater pollution if proper best management practices are not implemented. The City anticipates that the selected Contractor will be required to conduct a total of 120 to 150 first inspections on a yearly basis. Out of these, it is expected that approximately 10 - 15% will require a second inspection and approximately 5% will require a third inspection. The Contractor will be responsible for developing a 5-year inspection plan in the first quarter of the contract term. The 5-year inspection plan will be reviewed and approved by the Environmental Services Division in the Public Works Department. The Contractor shall develop the plan using the general stormwater business list included in the City’s most recent Annual Report to the Regional Water Quality Control Board and using information provided in the City’s inspection database. The 5-year plan shall be designed to meet the requirements of the MRP. The Contractor shall include in the 5-Year inspection plan details regarding which businesses are required to file a Notice of Intent under the Industrial General NPDES Permit with the State Water Resources Control Board and include compliance status with that State requirement. The Contractor shall use the State Stormwater Multiple Application and Report Tracking System to verify compliance. In addition, the Contractor shall be responsible for providing to the City for review and approval an annual inspection plan, which shall be based on the 5-year inspection plan. Development of the annual inspection plan shall include identifying current site contacts and reviewing the new business list provided by the City to the Contractor to verify the business list is up to date. The contractor shall review the new business list to determine which businesses may cause or contribute to stormwater pollution and therefore should be added to the annual inspection plan for the year. As part of the developing the annual inspection plan, the Contractor shall verify compliance with the State Industrial Permit for businesses included in the annual inspection plan. The new business list will be provided to the Contractor by August 1 annually and the Contractor shall provide the updated annual inspection plan, including new businesses, by September 1 annually. The inspection list may be modified from time-to-time in response to businesses opening/closing or complaints. As part of conducting inspections, Contractor shall set up appointments with businesses at least a few days ahead of the inspection date. Each inspection will be billed on a per inspection basis, (i.e. lump sum). Contractor shall provide their proposed lump sum dollar amount per inspection in their proposal, indicating how that lump sum was determined. The Contractor will be required to use the Alameda Countywide Clean Water Program (ACCWP) Standard Stormwater Facility Inspection Report Form (SSFIR form). The Contractor shall be familiar with and follow the City’ Enforcement Response Plan in the enforcement actions issued to facilities with violations. The key tasks under this scope of services for conducting C.4 Business Stormwater Inspections will include the following: B.1. First Inspections The follow describes the first inspection process that the Contractor shall follow: 206 1.The Contractor will send a letter to businesses on the inspection list prior to scheduling inspection appointments. Once the letter has been sent, the Contractor shall set up appointments with businesses at least a few days ahead of the inspection date and set an approximate time for the inspection. The Contractor shall review previous inspections at the location to determine compliance history prior to going to the site. 2.Visit the business site and meet with business representative. Explain the purpose for the inspection and ask questions to ascertain that operational Best Management Practices are implemented by the business to prevent stormwater pollution, and for those facilities that are also Regulated Projects under Provision C.3, to verify that on-site stormwater management measures are operating and being maintained adequately. The inspection shall include rooftop observations, as safety allows. As applicable, the inspection shall also note the potential presence of equipment/activities that contain PCBs, mercury, copper, or Styrofoam products. If such products are discovered on-site, the Contractor shall provide information on proper use/disposal of said materials. 3.Fill out the SSFIR forms, including: a.Comments/Remarks/Requirements Section. Indicate in the “remarks” if the on-site catch basins/area drains are labeled “no dumping flows to creek.” If not, require business representative to install storm drain markers. b.Verify compliance with the City’s extended polystyrene ordinance. c.Verify compliance with StopWaste’s Reusable Bag Ordinance. d.Document if there is/is not a litter issue. e.Document if on-site trash capture devices are installed and being properly maintained. The inspector shall ask for maintenance records for on-site trash capture devices. f.Take pictures of potential violations to provide to City staff and the business representative. g.Determine the appropriate enforcement response timeline, if required, following the City’s Enforcement Response Plan, and indicate the timeline in the SSFIR. 4.Obtain the business representative’s signature on the form and provide a copy of the form to the business representative. 5.Distribute the appropriate BMP handouts provided by the City to business owners/managers. 6.If an active discharge is observed during the inspection, the Contractor shall take the necessary steps to stop the discharge and immediately contact the City. 7.Contractor shall refer businesses to contact the City for additional questions beyond the scope of the inspection. 8.When a business representative is NOT available for inspection, Contractor shall contact the City to determine the action the City would like to take. 9.If it is discovered that a business is no longer in operation, Contractor shall complete an SSFIR indicating that the site is out of business. Note if a new business has moved into the facility and provide the information to the City. Conduct an inspection, as necessary. 10.All first inspections shall be completed no later than June 15th of each year. 11.For businesses that have potential or actual stormwater violations, Contractor will let the business representative know at the end of the first inspection that the business has violation(s) that must be addressed. Contractor will show the business representative all potential or actual violations and/or concerns and provide a timeline to the business representative. Contractor will follow the City’s Enforcement Response Plan when determining compliance schedule. 207 Contractor shall take pictures of any actual or potential problem areas, document number of pictures taken for a site and note that on the SSFIR form. If necessary and as outlined in the City’s Enforcement Response Plan, the Contractor shall be responsible for writing warning letters, Notice of Violations, or other letters to the business representative outlining violations or potential violations, along with appropriate guidance to address the violations. Contractor will notify the City by the 3rd business day of the week following inspection of all businesses that require a re-inspection. B.2 Re-inspection of Businesses 1.Contractor shall email the City weekly (within 3 business days of the week following the inspection) a “re-inspection spreadsheet” list of all businesses that require a reinspection. 2.The City will inform the Contractor within 3 business days following the submittal of “re-inspection spreadsheet” if the re-inspection will be conducted by the City. In most cases, the Contractor will be expected to perform the re-inspection. 3.If the inspection is determined to be done by the Contractor, Contractor shall perform the re- inspections within the appropriate timeframe (generally within 10 business days of the previous inspection unless rain is imminent, as indicated in the City of Dublin’s Enforcement Response Plan). 4.At the re-inspection, Contractor shall complete a new SSFIR form and indicate if the business has made the appropriate corrections/changes. Contractor shall take pictures of the areas that were a problem at initial inspection and email them to the City with the next weekly report. If the City indicates that the business is now in compliance and all potential and actual violations have been corrected, then the business inspection is considered complete. If re-inspection is required due to serious violation, Contractor shall notify City staff immediately, and work with City staff to determine what action needs to be taken. MRP C.3 & C.4 Post Inspection Reporting and Deliverables: This section is applicable to both C.3 Operations and Maintenance Verification Inspections and C.4 Stormwater Business Inspections. Contractor shall provide the following: 1.Send weekly reports electronically to the City (by the 3rd day of the following business week), apprising the City with the status of inspections. The weekly reports must include a summary of the number of business inspections completed to date, the number of first inspections remaining, a list of the businesses that need re-inspection and an updated work plan outlining when the inspections will be completed. 2.Include electronic copies of Stormwater Inspection Report Forms and photographs for all inspections completed that week. Picture format should include a date/time notation. 3.Monthly - return completed originals of all inspections to City. Hardcopy of originals due by 20th of the month in which the inspections were completed (e.g., hard copies of the September inspections are due by October 20th). City of Dublin will provide the Contractor with the following: 1.New general business listings for potential general stormwater business inspections. 2.Access to the Clean Water Program database. 3.BMP brochures to hand out to businesses. 208 4.Hard copies of SSFIR forms. SSFIR forms will be made available electronically for the Contractor to print. 5.Inspection history and other relevant data/information. C.Illicit Discharge and Spill Response Assistance Environmental Services Division (ESD) in the Public Works Department has responsibility for illicit discharge and spill response, investigation, cleanup, follow-up, and record keeping. ESD will utilize the Contractor to assist with spill response efforts for the City. The Contractor will be the first responder, as needed, on evenings, weekends, and holidays. The City will utilize the Contractor for assistance with spill and discharge response, as needed. The Contractor may be called upon to conduct investigations, develop action plans, assist with spill containment, assist with recordkeeping and time tracking, conduct follow-up work, or other activities as described in the City’s Spill and Discharge Response Plan. The Contractor is required to follow the Spill and Discharge Response Plan as it may be updated from time-to-time. As the first responder, the Contractor shall use the city’s Urban Runoff and Incident Report Form and follow procedures as outlined in the City’s Spill and Discharge Response Plan after consulting with City staff regarding how to proceed with the response. The Contractor will provide a qualified individual to conduct site investigations associated with any reported spills or discharges. The spill inspector will obtain the appropriate field forms and any available improvement plans and/or any GIS information identifying the location of storm drains in the immediate area. The City may ask the Contractor to take the lead collecting samples of the material discharged. The Contractor is responsible for providing the spill inspector appropriate PPE and field equipment, including a camera and reporting materials. Assumptions for Spill Response Investigations: •The Contractor shall assume there will be up to 12 spill investigations needed per fiscal year. •The Contractor shall assume a typical spill response investigation will take no more than 4 hours initially. •The Contractor shall assume the follow up on the incident will take no more than 1.5 hours. •The Contractor shall assume the emergency weekend/after hours on-call rate will be 1.5 times the normal hourly rate. •In the event the Contractor is the first to arrive at an emergency situation (hazardous or unknown material spill), the Contractor shall notify First Responders and the City of Dublin in parallel to immediately resolve any unsafe/hazardous situations. •For all other non-hazardous spills, the Contractor would follow the reporting protocol as outlined by the City of Dublin and the City of Dublin will make all agency and responsible party potential fine notifications. •The Contractor shall provide an emergency response telephone number that is staffed 24-hours a day, 365 days a year, for emergency on-call service requests. 209 •The contractor shall produce a written report of the spill response investigation and spill response activities, including copies of any paperwork or other data required to file with the Federal government, State of California, or any other regulatory agency/jurisdiction. Project Management and QA/QC The Contractor shall provide a Project Manager for coordination and management of the Contractor team activities and communication with the City of Dublin. Process and General Conditions 1.Proposers shall submit one electronic copy to: Shannan Young Environmental & Sustainability Manager es@dublin.ca.gov Electronic copies shall be submitted by emailed PDF. 2.Deadline for submitting the proposal is February 24, 2021, by 4:00 p.m. 3.The City will not pay for any costs incurred in preparation and submission of the proposals or in anticipation of a contract. The format of submittals is at the discretion of the Proposer. Page limit excludes a table of contents, tabbed dividers, and resumes for Consultant’s team. Schedule for RFP Process February 5, 2021 Request for Proposals mailed to consultants. February 10, 2021 Deadline to submit questions to City of Dublin February 15, 2021 Addendum posted, if required February 24, 2021 Proposals are due no later than 4:00 PM on February 24, 2021. Late submittals will not be accepted. Week of March 8, 2021 Interview firms (optional) May 4, 2021 Consulting Services Agreement scheduled for approval by the Dublin City Council. (Tentative dates, subject to change) RFP Submittal Requirements 210 Please prepare and organize your Statement of Qualification based on the requirements provided below. Any other information you would like to include should be placed in a separated section at the back of your Statement of Qualification. Please note however that the RFP submittal is limited to 15 pages maximum single-sided (excluding resumes), should be submitted. Page limit excludes a table of contents and resumes for Consultant’s team. Please submit one electronic copy of their Proposal as follows: 1.Enclose a cover letter not to exceed one page, describing the firm's interest and commitment to perform work necessary to provide consulting services for a preliminary engineering study. The person authorized by the firm to negotiate a contract with the City of Dublin shall sign the cover letter. Please include this cover letter within document and not as a separate page. 2.State the qualifications and experience of the firm/individual(s). Please emphasize the specific qualifications and experience with engagements of similar scope and complexity. 3.Provide at least three references (names and current phone numbers) from recent work (previous five years) similar to the services outlined in this request for qualification. Please include a brief description of the work performed and the role your firm performed. 4.List key staff members, including identification of the Principal-in-Charge and Project Manager/primary point-of-contact. Include each team member’s availability, including all existing committed hours, and the ability of being able to complete the project in time and budget. 5.Provide an approach to completing this project, showing the flow of various tasks of the work and demonstrating the clear understanding of the requested work. 6.Provide a project schedule. 7.Present proposed project budget, to include a compensation rate schedule for services. 8.Provide confirmation of your firm’s ability to meet the City’s Standard Consulting Agreement and insurance requirements. Exceptions to the Agreement and insurance requirements shall be specifically noted in the Proposal. Please provide copies of your Proposal electronically no later than February 24, 2021 by 4:00 p.m. The entire Proposal (excluding resumes) should be a maximum of 15 pages. Submittals should be addressed as follows: City of Dublin, Public Works Department Attention: Shannan Young es@dublin.ca.gov Any Proposal submitted after the stated deadline will not be accepted for consideration. Standard Consulting Agreement: 211 It is anticipated that the services covered by the Agreement resulting from this solicitation will be performed on a time and materials fee basis for a specified scope of work. The term of the agreement will begin July 1, 2021. A sample of the City’s Standard Consulting Agreement (Agreement), including insurance requirements, is provided as Attachment A. If the interested firm desires to take exception to the Agreement and/or insurance requirements, the interested firm shall clearly identify proposed changes to the Agreement and furnish the reason for these changes, which shall be included in the qualification. Exceptions will be taken into consideration in evaluating Proposals. Otherwise, the interested firm is to state in the proposal that the Agreement and insurance requirements are acceptable. Consideration for exceptions will not be considered if not included in the submitted proposal. Conflict of Interest Proposer agrees that, for the term of this contract, no member, officer or employee of the City of Dublin, or of a public body within Alameda County or member or delegate to the Congress of the United States, during his/her tenure or for one year thereafter, shall have any direct interest in the contracts or any direct or material benefit arising therefrom. Proposers must provide a list of any potential conflicts of interest in working for the City of Dublin. This must include, but is not limited to, a list of your firm’s clients who are the following: Private clients located or operating within the City of Dublin limits, Dublin San Ramon Service District, US Army Camp Parks and/or the County of Alameda, and a brief description of work for these clients. Proposers must also identify any other clients (including public entities), that may pose a potential conflict of interest, as well as a brief description of work you provide to these clients. This list must include all potential conflicts of interest within the year prior to the release of this RFQ as well as current and future commitments to other projects. Principals and those performing work for City of Dublin may be required to submit a California Fair Political Practices Commission (FPPC) Form 700: Statement of Economic Interests documenting potential financial conflicts of interest. For additional information, proposers should refer to the FPPC website at http://www.fppc.ca.gov/Form700.html. Equal Employment Opportunity Proposer shall not, on the grounds of race, color, sex, age, religion, national origin, ancestry, physical handicap, medical condition, or marital status either discriminate or permit discrimination against any employee or applicant for employment in any manner prohibited by Federal, State or local laws. In the event of Proposer non-compliance, the City of Dublin may cancel, terminate or suspend the Contract in whole or in part. Proposer may also be declared ineligible for further contracts with the City of Dublin. Proposer shall take affirmative action to ensure that applicants are employed, and that employees are treated during their employment, without regard to their race, religion, color, sex, or national origin. 212 Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Proposer and its sub-consultants shall post in conspicuous places, available to all employees and applicants for employment, a notice setting forth the following provisions [29 U.S.C. § 623, 42 U.S.C. § 2000, 42 U.S.C. § 6102, 42 U.S.C. § 12112, 42 U.S.C. § 12132, 49 U.S.C. § 5332, 29 CFR Part 1630, 41 CFR Parts 60 et seq.]. Governing Law This RFP summarizes the applicable laws and governance; when in conflict applicable State/Federal guidelines shall apply. The contract and legal relations between the parties hereto shall be governed and construed in accordance with the laws of the State of California. Insurance Requirements The Contractor shall provide insurance coverage as follows in conformance with the City of Dublin’s requirements: General Liability Insurance $2,000,000 Automobile Liability Insurance $2,000,000 Professional Liability Insurance $1,000,000 Workers’ Compensation Insurance $1,000,000 References Contractor must include three (3) references for which the company has provided services similar to those described in this RFP. Reference information shall include: Name, Address, Contact, Title, Phone Number, and Term of the Contract. Review and Selection Process The City reserves the right to make the selection based on its sole discretion. A subcommittee selected by City Staff will evaluate proposals provided in response to this RFP. The subcommittee will use a forced ranking process (please see Attachment B, Forced Ranking Rating Sheet, for further detail). Informal interviews may be conducted by City staff and may include more than one firm that has submitted a Proposal. Based on input from this review process, a recommendation will be made to the City Manager. The City Manager will make a recommendation to the City Council for award of contract services. The City reserves the right to award a contract to the firm(s) that the City feels best meets the requirements of the RFP. The City reserves the right to reject any and all Proposals prior to execution of the Agreement, with no penalty to the City. Selection of Consultant Submitted Proposals will be evaluated and scored using the following criteria: •Qualifications and specific experience of key project team members. 213 •Quality and completeness of the proposal. •Experience with engagement of similar scope and complexity. •Satisfaction of previous clients. •Cost of providing the consultant services for this project. 214 Attachment A and B to the RFP Removed for June 1, 2021 Council Meeting 215 S UBMIT TED TO THE CITY OF DUBLIN MARCH 19, 2021 SUBMITTED BY CASCADIA CONSULTING GROUP SB 1383 Implementation Assistance Attachment 8 216 Julie Bryant (510)838-7032 | julieb@cascadiaconsulting.com Dear Ms. Sung, Cascadia Consulting Group, Inc. (Cascadia)—together with Jennifer de Graaf and Associates—is thrilled to submit this proposal for the City of Dublin’s (City) SB 1383 Implementation Assistance. Our team brings together outreach professionals and experts with in-depth local and regional experience designing and implementing innovative, responsive, and effective waste diversion and tracking programs. Our team members are personally and professionally committed to this effort and will draw from our collective experience to provide the highest quality and most cost-effective service to Dublin. We offer an unparalleled combination of skills and experience to ensure program success—specifically: •We have decades of experience creating award-winning communication and behavior change campaigns to promote waste reduction and support compliance with state and local laws. We are experts in community-based social marketing (CBSM) and apply this framework in all our outreach and education work in order to maximize our effectiveness and communicate with audiences in meaningful, action- oriented ways. We support our clients with messages, materials, prompts, rewards, and incentives that address barriers and motivate community members to take action. •We have proven, long-standing passion for resident and business engagement on sustainability issues. Cascadia’s mission is to inspire and empower communities everywhere to protect and restore the world we live in, and we have lived this commitment for over a quarter century—reaching and motivating tens of thousands of people to take action to make their communities more sustainable. •As the lead consultant with StopWaste since 2010, we are uniquely positioned to coordinate closely with the City, StopWaste, AVI, and Alameda County Environmental Health. Cascadia is in constant communication with StopWaste, member agencies, and haulers in Alameda County. We stay up to speed on StopWaste’s planned timeline, 1383 model ordinance development, resources and tools offered, and negotiations with Environmental Health Departments, cities, and haulers on roles and responsibilities. Cascadia will leverage these partnerships and insider knowledge to ensure we do not duplicate efforts, take full advantage of available resources, and time our project deliverables accordingly to maximize our effectiveness and pricing. •Rigorous performance monitoring and evaluation. Administering long term behavior change programs requires careful, continuous evaluation and adaptive management to ensure City goals are met, community members are engaged in the design and implementation process, and the team is building long-term capacity in the community to maximize reach and impact. Thank you for the opportunity to pursue this contract; we are well-equipped and excited for the chance to educate the community about this important regulation and to make Dublin an exemplar city for organic waste diversion. Please do not hesitate to contact me with questions or for additional information. Sincerely, 217 SB 1383 IMPLEMENTATION ASSISTANCE i Table of Contents CONTENTS Table of Contents ................................................................................................................................................. i Firm Qualifications .............................................................................................................................................. 1 References .......................................................................................................................................................... 3 Key Staff .............................................................................................................................................................. 3 Project Approach ................................................................................................................................................ 5 Task 0. Project Management .......................................................................................................................... 5 Task 1. Conduct Waste Assessments to Determine De Minimis Waiver Eligibility ......................................... 6 Task 2. Develop & Implement Outreach Plan ................................................................................................. 7 Task 3. Conduct Outreach to Edible Food Generators .................................................................................... 9 Task 4. Analyze & Plan for Compost/Mulch Procurement Options .............................................................. 11 Task 5. Submit Data Tracking & Management Options Report ..................................................................... 12 Task 6. Conduct Lid Lift Assessments In Organics & Recycling Streams to Determine Contamination Levels ...................................................................................................................................................................... 12 Task 7. Conduct Lid Lift Assessments in Garbage Stream to Determine Contamination Levels ................... 13 Task 8. Project Tracking ................................................................................................................................ 13 Schedule............................................................................................................................................................ 13 Budget ............................................................................................................................................................... 14 Consulting Agreement & Insurance Requirements ........................................................................................... 15 Conflict of Interest ............................................................................................................................................ 15 Appendix Resumes 218 SB 1383 IMPLEMENTATION ASSISTANCE 1 Firm Qualifications Cascadia Consulting Group is a women-owned, full-service environmental sustainability consulting firm established in Seattle, WA in 1993 to provide rigorous research, planning, and behavior change outreach in support of waste management and diversion planning goals. Over the past 28 years, Cascadia has expanded its expertise to fill a growing demand for integrated resource conservation services that address upstream and downstream materials management needs as well as energy use, water conservation, stormwater pollution prevention, low impact development, and climate change. Our team is well-versed in the intricacies of SB 1383 and our outreach and technical assistance professionals are adept at clearly communicating how businesses can make changes to comply with regulations. Our work in the Bay Area and beyond demands that we take a multicultural approach to outreach to meaningfully connect with the area’s diverse residents and businesses. We’ve included a selection of recent projects that demonstrate our experience and expertise from similar projects. Zero Waste Technical Assistance & Outreach Program for Businesses & Multifamily Residents | StopWaste (CA) | 2010-Present On behalf of the Alameda County Waste Management Authority (StopWaste), Cascadia leads outreach and technical assistance to businesses and multifamily complexes for all 17 member jurisdictions in Alameda County. Program goals include maximizing the diversion of recoverable materials and increasing compliance with Alameda County’s Mandatory Recycling Ordinance, AB 1826 and 341. Cascadia’s multicultural outreach team develops standardized protocols, applies CBSM techniques and streamlined systems to reduce waste going to the landfill at more than 1,000 businesses per year. In order to maximize our impact in the fourth most diverse county in the United States, our team delivers culturally responsive outreach and training in Spanish, Cantonese, Mandarin, and Russian. In addition to outreach services, Cascadia tracks program data using StopWaste’s custom CRM data management tool, conducts analysis on project activities, compiles annual reports for each Alameda County jurisdiction, and makes recommendations for program improvements to maximize effectiveness. Cascadia reaches thousands of customers per year and has driven 17,000 cubic yards and 4,300 tons of new diversion service since joining the program in 2010. Zero Waste Technical Assistance Services | San Francisco Department of the Environment | 2016-Present Since 2016, Cascadia has been working as part of a multifaceted team to support progress toward the City’s goal of zero waste. As a subcontractor on this six-year project, Cascadia’s imperative is to deliver high- quality, cost-effective, and multi-lingual technical assistance to help generators reduce waste, recycle, and compost. Technical assistance includes on-site waste audits, program set-up, tenant and janitorial training, monitoring and trouble shooting at a wide range of generator types, including commercial, residential, and SUCCESS HIGHLIGHT Cascadia’s CBSM-focused approach to outreach and technical assistance yields real results. In 2020, StopWaste evaluated accounts that received technical assistance from three sources: Cascadia, the local hauler, and local government agencies. They found that violations were issued to 15% fewer businesses during a second enforcement visit where Cascadia had provided technical assistance compared to those businesses assisted by the hauler or the local government agency. 219 SB 1383 IMPLEMENTATION ASSISTANCE 2 government. Because San Francisco businesses and multifamily properties are currently 99% recycling and composting compliant, technical assistance focuses on quality of participation—applying community-based social marketing techniques to minimize waste generation through upstream activity, reducing contamination, and homing in on problematic (high volume, hard-to-recycle, or hazardous) materials. Food Waste Prevention and Rescue Grant Project | CalRecycle (CA) | 2019-Present Cascadia won a Food Waste Prevention and Rescue Grant of $500,000 in February 2019 in partnership with San Francisco Department of the Environment (SFE) to give large food businesses access to food waste- tracking software and food donation networks. Cascadia has recruited hospitals, grocers, food distributors, and corporate dining facilities to participate, built relationships with local food banks and food recovery organizations to understand and support the food donation landscape throughout the pandemic, and provided technical assistance for businesses operating the tracking and donation software. To do this work, Cascadia has crafted a library of materials to support training and behavior change at food businesses, collected learning outcomes around barriers and benefits for food businesses to utilize food waste software, and assisted SFE with communicating the requirements of SB1383 to City departments and to food businesses. AB 1826 & 341 Outreach Project | West Contra Costa County (CA) | 2019-Present Since 2019, Cascadia has been providing a wide variety of technical assistance, outreach and educational services to businesses and multifamily dwellings in cities and unincorporated areas under the jurisdiction of the West Contra Costa Integrated Waste Management Authority to improve compliance with AB 1826 and 341 and prepare our client to comply with SB 1383. Since the start of the project, Cascadia conducted 486 site visits to commercial and multifamily AB 1826 and 341 covered accounts. Staff spoke with decision- makers, conveyed state requirements, answered questions, provided collateral, trained site staff, verified onsite service records, and tracked potential exemptions under state law. Most recently, Cascadia led the notification process for newly covered accounts (those that have between two and four cubic yards of service) by drafting and designing the graphics for six unique letters translated into three languages and managing their distribution. In total, 1,003 letters were sent to businesses and multifamily residents. In addition to providing education and outreach services, Cascadia developed and managed a CRM-style database and outreach data collection tool that combined records from the JPA, local hauler, and outreach staff to efficiently generate quarterly reports for CalRecycle. Cascadia’s work resulted in a recycling and composting subscription increase of 27% and 18% respectively and also was the primary reason CalRecycle removed West Contra Costa County from their AB 1826 monitoring list. City of Oakland | Business Recycling Technical Assistance | 2017-2018 The City of Oakland commissioned Cascadia to provide technical assistance to improve recycling and composting at businesses across Oakland with 40% of our assistance focused on Chinatown and West Oakland. Through the course of the project, Cascadia provided tools, training and recycling service adjustments to 195 unique businesses across the City. At each business, Cascadia worked with representatives in-person and on-site to remove barriers to participation, explain city recycling requirements, apply social marketing tools, and use culturally responsive outreach techniques including deploying trained staff to train business representatives in Cantonese, Mandarin and Spanish. Waste hauler data showed that 20% of businesses assisted made significant changes to their recycling rates and follow up data one year later showed recycling and composting practices were maintained or further expanded. 220 SB 1383 IMPLEMENTATION ASSISTANCE 3 References Zero Waste Technical Assistance & Outreach Program for Businesses & Multifamily Residents | StopWaste (CA) Rachel Balsley, Senior Program Manager, StopWaste, 510-891-6524, rbalsley@stopwaste.org Cascadia leads outreach and technical assistance to businesses and multifamily complexes for all 17 member jurisdictions in Alameda County to maximize diversion of recoverable materials and increase compliance with the County’s Mandatory Recycling Ordinance, AB 1826 & 341. AB 1826 & 341 Outreach Project | West Contra Costa County (CA) | 2019-Present Andy Schneider, Source Reduction & Recycling Program Manager, RecycleMore – West Contra Costa Integrated Waste Management Authority, (510) 609-1216, AndrewS@RecycleMore.com Cascadia provides technical assistance, outreach, and educational services to businesses and multifamily dwellings in cities and unincorporated areas under the jurisdiction of the West Contra Costa Integrated Waste Management Authority to improve compliance with AB 1826 and 341. Food Waste Prevention and Rescue Grant Project | CalRecycle (CA) | 2019-Present Alexa Kielty, Senior Zero Waste Coordinator, San Francisco Department of the Environment, (415) 355-3747, alexa.kielty@sfgov.org Cascadia is building relationships with local food banks and food recovery organizations to implement food waste tracking software and establish a food donation network. We are providing technical assistance to operate the tracking software and creating a library of training materials for participating organizations to reference. Key Staff Our proposed staff are intimately familiar with the Bay Area and bring significant experience working with businesses and residents to drive compliance with statewide regulations. We included an estimated FTE equivalent percentage for each staff member’s availability for this project and confirm that the identified level of effort will ensure that the project is completed to the highest standard, on time and on budget. Julie Bryant | Principal-in-Charge | 8% FTE Julie is the Director of Cascadia’s California office and has nearly 20 years of waste planning and project management experience. At Cascadia, she provides supervision and leadership to a team of six including setting priorities, managing workloads and ensuring successful completion of Cascadia’s California-based projects, on-time and on-budget. She has managed a wide variety of waste-related outreach, waste characterization, compliance, reporting and planning projects for clients including the City of San José, City of Carlsbad, Marin County, and West Contra Costa Integrated Waste Management Authority. Previously, Julie spent over a dozen years working for the City and County of San Francisco’s Department of the Environment’s zero waste program, where she administered 221 SB 1383 IMPLEMENTATION ASSISTANCE 4 and enforced Municipal Code and ensured compliance with State requirements, oversaw permitted haulers and managed all waste management activities for the city government’s 30,000 employees and nearly 500 facilities. Julie holds a B.A. in Environmental Studies from UC Santa Barbara. Angela Pan | Project Manager | 25% FTE Angela is an experienced project manager with a proven track record leading successful teams and producing quality work products for a range of environmental programs. She currently manages Cascadia’s StopWaste business assistance program, which offers multilingual outreach and technical assistance to businesses across 17 member agency jurisdictions throughout Alameda County. She also has experience leading outreach teams for projects with condensed timelines to conduct lip lift assessments to observe/document contamination and provide on-site education to meet agency reporting requirements. She has extensive experience with client communication and managing diverse teams and workloads, mentoring junior-level staff, and ensuring successful completion of projects on- time and on-budget. Angela has held central planning, implementation, and management roles on a wide variety projects throughout the Bay Area for clients including City of Hayward, City and County of San Francisco, City of Petaluma, East Bay Regional Parks District, and institutions such as Ohlone College, Cal State Hayward, UCSF, CCSF, and UC Santa Cruz. Angela holds a B.A. in Environmental Science from the University of California, Riverside, and is an Envision-certified Sustainability Professional. Terry Ng | Outreach Lead | 40% FTE Terry works for Cascadia as an outreach and technical assistance specialist providing multilingual assistance and translation for a variety of projects, including for StopWaste and West Contra Costa County where he educates businesses and multifamily residents to identify and implement recycling, composting, and waste reduction strategies on recycling, composting and waste prevention. Terry has also met with more than 200 San Francisco businesses to provide compliance support for the Single-Use Foodware Reduction Ordinance on behalf of Cascadia’s client, the San Francisco Department of the Environment. Terry has deep customer relations experience, has completed the introductory CBSM training course, and is a fluent speaker of both Cantonese and Mandarin. He is passionate about teaching waste reduction principles to the Cantonese and Mandarin-speaking populations in Bay Area communities. Julie holds a B.A. in Environmental Studies from UC Santa Barbara. Maddie Seibert | Edible Food Generator Outreach Lead | 15% FTE Maddie provides project management, research, and writing support on a broad range of Cascadia’s projects, particularly those focused on food waste prevention and recovery. She is currently the Deputy Project Manager for a CalRecycle Food Waste Prevention and Rescue Grant project in partnership with the San Francisco Department of the Environment, where she engages business groups to implement food waste tracking software and donation systems and creates outreach materials to prevent food waste and donate edible surplus food from 20 large kitchens in San Francisco. Maddie brings her 222 SB 1383 IMPLEMENTATION ASSISTANCE 5 nuanced understanding of food systems to research projects as well: she previously led the research process for StopWaste’s Food Recovery Research Study to understand barriers and opportunities for the recovery of prepared food from large generators and she served as a researcher and writer for the Food Waste Management Pathways Assessment for the Washington State Department of Commerce that built a picture of food waste flows throughout Washington and identified barriers and opportunities for several entity types to handle increased volumes of food waste. She holds a B.A. and B.S. from Northeastern University and a Master of Global Affairs from Schwarzman College at Tsinghua University in Beijing, China. Jennifer de Graaf | Organic Waste Procurement & MWELO Advisor | 5% FTE Jennifer de Graaf has 22 years of professional experience as a landscape architect and educator, having earned her Bachelor’s in Landscape Architecture from Oklahoma State University. Her professional design experience spans a wide range of sectors and project sizes from regional trail systems, corporate campuses, large developments to tiny private gardens. From 2016-2018, she served as Lead Trainer and Director of Education for ReScapeCA, a non-profit professional environmental qualification program that began as a program of StopWaste of Alameda County (originally, Bay Friendly Landscaping) and regularly teaches the PG&E course "Model Water Efficient Landscape Ordinance (MWELO) and the New Normal for California Landscaping.” In addition, Jennifer is a member of the working group selected to advise and establish Landscape Design Guidelines for Integrated Pest Management for the San Francisco Department of the Environment. She is a licensed Landscape Architect in California, a LEED Accredited Professional, a ReScape Qualified Professional, a ReScape Rater, and a Qualified Water Efficient Landscaper. Her work has earned her the Award of Merit from the ASLA Oklahoma Chapter and a Community Service Award from the ASLA Texas Chapter. While key project staff are outlined above, Cascadia has a deep bench of outreach, multilingual (including Spanish, Cantonese, Mandarin and Russian) professionals who are qualified and available to support this work should project needs evolve to require more intensive staffing. We are happy to provide the City with additional recommended personnel information at Dublin’s request. Project Approach TASK 0. PROJECT MANAGEMENT We are firm believers that proactive planning lays the foundation for project success. Upon receiving a fully executed agreement from the City, we will convene an initial kick-off meeting to help us better understand available data, project background, local Ordinance adoption timelines, SB 1383 implementation activities, and overall project goals. We will also use the kick-off meeting to explore past efforts that may inform this work and discuss Cascadia’s proposed future strategies, ensuring they will address known barriers to participation. During the kick-off, we propose an agenda that will include the following: 223 SB 1383 IMPLEMENTATION ASSISTANCE 6 •Confirm project timeline and deliverables and define the City ’s vision for success. •Identify the City’s current and past methods for promoting organics participation to business and residential audiences to understand what has and has not worked and why. •Discuss known barriers to compliance with Alameda County’s MRO, AB 1826, and the future SB 1383. •Identify business associations, community groups, chamber relationships, and community leaders that may support or benefit from our work. •Determine current and future available datasets including service and account data from AVI, AB 1826 compliance rates, Tier 1 & 2 edible food generators list, food service permit information, etc. •Discuss how the City currently tracks and collects data, assess the pros and cons to the current system and identify data management capabilities that may arise in the future. •Review our Community Based Social Marketing (CBSM) framework. Explain how CBSM principles and processes are built in throughout our approach: every engagement activity will be built upon well- defined desired outcomes, prioritization of audiences, known barriers and benefits, thorough tracking and evaluation, and refinement as we continue further phases of implementation. In addition to hosting a kickoff meeting, this task includes project management services. Our Project Manager will keep our team on track to ensure we are meeting project goals and deadlines as well as communicate regularly with the City team to get feedback and keep them up to date on progress towards milestones and deliverables. We’ve included more information on the project management tools we use to ensure that projects are efficiently delivered in Task 8. Project Tracking. Task 0 Deliverables: •Kick-off meeting agenda •Kick-off meeting notes TASK 1. CONDUCT WASTE ASSESSMENTS TO DETERMINE DE MINIMIS WAIVER ELIGIBILITY After the kick-off meeting, Cascadia’s outreach and technical assistance specialists will review the list of SB 1383 non-compliant businesses and multifamily properties (accounts) provided by the City and/or AVI. They will conduct desktop research to identify which of those accounts are potential candidates for a De Minimis Waiver under SB 1383 (such as a jeweler, small office, or bank). As StopWaste will be assisting Member Agencies, including the City of Dublin, with obtaining De Minimis Waivers, Cascadia can seamlessly serve as the liaison between the City and StopWaste to determine needs and provide initial technical assistance resources available through StopWaste, supplementing those services as needed with additional waste assessments. We believe this is the most cost-effective approach for the City as it will ensure efforts are not duplicated. Next, Cascadia will make calls to the accounts potentially eligible for a waiver (utilizing a vetted call script) to explain SB 1383, ask questions about levels of organics generation, back-hauling practices, and accessibility of bins for drop-in site visits. Cascadia will take notes in the City-preferred data collection system as identified in Task 5 or temporarily, in a separate, low-cost or free data collection platform such as Fulcrum or 224 SB 1383 IMPLEMENTATION ASSISTANCE 7 Google Forms. The outreach team will be prepared to reach out via the process described in Task 2 for any accounts that are not eligible for a waiver. Following initial research and phone calls, the Cascadia team will conduct drop-in site visits to accounts to conduct bin inspections in accordance with our high standards and COVID safety protocols (see call out box). Outreach specialists will coordinate visits according to collection days to ensure material is available for observation. During the bin inspections, the team will open bags with a box cutter if necessary, photograph materials found, and estimate quantities of organics and determine which accounts to recommend for a De Minimis Waiver. Our outreach specialists are trained to explain the visit, discuss requirements of SB 1383, and offer compliance support and outreach material, all while adhering to COVID safety protocols, should they be approached by an account representative during a bin inspection. Lastly, Cascadia will obtain the De Minimis Waiver form created by StopWaste and will assist qualified accounts with completing the form. Task 1 Deliverables: •Report with details of all De Minimis Waiver activity including notes on email correspondence, phone calls, and site visit inspections •Completed waiver forms for : •Accounts generating two cubic yards or more per week and less than 20 gallons per week of organics •Accounts generating less than two cubic yards per week and less than 10 gallons per week of organics T ASK 2. DEVELOP & IMPLEMENT OUTREACH PLAN For this task, the Cascadia team will develop a detailed workplan and a comprehensive communications toolkit for use by Cascadia, the City, and AVI. In addition, Cascadia will execute the outreach described in the workplan while also simultaneously providing train-the-trainer services to prepare and equip City and AVI staff to maximize effectiveness and ensure compliance with SB 1383 in the future. Create Workplan and Toolkit In keeping with our CBSM approach, Cascadia will start the workplan and toolkit development process by conducting background research on the target audiences in Dublin. Our research will draw from the results of our account review outlined in Task 1 and further dive into the data to hone our understanding of the businesses and residents that need support to comply with SB 1383. The review will result in our recommendations about which accounts to prioritize and target with outreach interventions in the short, medium, and long term. In addition, Cascadia will use a multifaced approach to understand the demographic segments of the priority business and residential communities of Dublin. We will draw from consultations COVID-19 Safety Considerations During the COVID-19 era, Cascadia is committed to ensuring the safety of its employees, clients, and customers, while continuing to provide excellent customer service. We have adopted a comprehensive COVID-19 safety assessment planning process for each of our projects involving work outside of the home. Before engaging in any field work, we review the local restrictions and how they might apply to the specific project. We will develop a detailed safety plan that includes protocol for hygiene, face coverings, interacting with others, surface disinfecting, traveling and more. Each of our team members would receive PPE supplies and a safety training explaining proper procedures before conducting any field work. 225 SB 1383 IMPLEMENTATION ASSISTANCE 8 with City staff, assess available demographic data, evaluate the most common languages spoken, and will reach out to community leaders and organizations directly to better understand the target groups and opportunities for intervention. Our team will then conduct a survey—including at a minimum single family, multifamily and commercial properties—to identify the barriers and motivators to participating in organics diversion programs. Should budget allow, we recommend further audience segmentation and additional surveys by language, ethnicity, business type, multifamily complex type (e.g., large and small multifamily dwellings) and other attributes to allow for more nuanced messaging that resonates effectively with members of each target audience. The workplan will summarize the survey results and detail recommended, tailored messaging, engagement strategies, tactics, incentives, and overall tracking and evaluation methods and metrics for each audience identified. The plan will also include: •A communication strategy for recruiting residents and businesses to participate in organics programs with tailored messaging that addresses the identified barriers and motivators with a clear call to action. •A multifamily-specific outreach strategy with ways to create lasting community conversations using community message boards, attending key HOA meetings, or providing public impact pledges. •A schedule of activities with milestones and deliverables. •Identification of short, medium, and long-term priority audiences. •An equity strategy including how to motivate and provide effective services for businesses and residents from underserved, non-English speaking communities or those most likely to be impacted by climate change or SB 1383. We will likely recommend offering in-language outreach, leveraging community partners, and providing custom incentives to certain underserved accounts. •Our recommended program tracking, evaluation, and reporting process (e.g., the number of new accounts to adopt organics collection services, number of businesses assisted). •Recommendations for outreach translation and transcreation services In addition to developing a workplan, Cascadia will also craft a toolkit that will be used by our team’s outreach specialists, the City, and AVI. To maximize budget, the toolkit will draw from preexisting resources from CalRecycle or StopWaste when available, and include a wide variety of support tools such as: •Scripts and email templates for in-person and phone outreach activities for each target audience •Example lease language for multifamily properties •Recommended outreach collateral for distribution to each target audience •Customized Excel-based cost calculator that can determine an account’s current service charges compared to costs associated with recommended services •Recommendations report template •Customizable PowerPoint templates for delivery to each target audience •Resources for in-language communication Implement Workplan Cascadia will then implement the workplan by reaching out to businesses and multifamily dwellings that currently do not subscribe to organics collection services. Where possible as safety allows, Cascadia will 226 SB 1383 IMPLEMENTATION ASSISTANCE 9 conduct the outreach in person; should in-person visits not be possible, Cascadia staff are fully equipped to provide phone and virtual outreach assistance. During site visits, Cascadia representatives will: •Relay requirements of SB 1383 and address questions using the communication strategy and motivators outlined in the workplan •Audit interior and/or exterior trash containers, take photos, and estimate quantities of organics and recyclables in all bins (See Tasks 1, 6, and 7) •Recommend actions such as removing barriers to participation by co-locating bins, making bins color coded, adding signs (prompts), adding organics service and explaining related costs and incentives •Conduct trainings to staff on recycling and composting rules and best practices •Forward all service change requests and additional follow-up needs (e.g., a broken lid or bin) to AVI •Use a tone and communication style that recognizes the struggles many businesses are experiencing during the pandemic Following each site visit, outreach specialists will develop a customized recommendations report and send to the account representative for each account visited as well as record all site visit inspection results in the City-preferred or interim data collection tool. Cascadia will collect the following information at each site visit: •Trash audit notes, including observed recyclables and organic material types and quantities found in interior and/or exterior trash bins (See Tasks 1, 6, and 7) •Resources/collateral provided to business representatives •Updates to onsite and decision maker ’s contact email and phone number, if needed •Service changes made, if any •Summary of communication and outreach activity As a final but critical step in the outreach process, Cascadia will monitor and track progress with outreach activities and effectiveness, regularly share lessons learned with team members and the City, and adapt messaging and strategy as more information on the target audiences becomes available. Task 2 Deliverables: •Community outreach plan and outreach toolkit •Activity tracking for outreach data and copies of the recommendations report provided to businesses and multifamily properties TASK 3. CONDUCT OUTREACH TO EDIBLE FOOD GENERATORS Verify List of SB 1383 Edible Food Generators Cascadia will first review the list of Tier 1 and Tier 2 generators provided by StopWaste and conduct any needed supplementary research to further build out and cross-check accounts identified. Should any verification of the list be needed, we will rely on a number of sources including: the Bottle Bill Supermarket list, California Department of Public Health list of businesses, Alameda County Public Health Department Food Handling Inspection list and data provided by local food recovery organizations for businesses already donating. Most of these lists offer the ability to filter by criteria relevant to Tier 1 and Tier 2 size or revenue 227 SB 1383 IMPLEMENTATION ASSISTANCE 10 thresholds. Throughout the project, we will stay up to date on best practices emerging from local jurisdictions about identifying Tier 1 and Tier 2 generators, particularly those that are harder to identify, such as large events. Our final list will include the address, phone number, and email information for each location and corporate contact details for chain and franchise businesses. Deliver SB 1383 Information After finalizing the list, our team will contact Tier 1 and 2 generators about their requirements under the law. It is our understanding that StopWaste will develop and send an initial mailer to commercial edible food generators and food recovery organizations in September 2021. We will conduct the subsequent outreach steps after generators receive the mailer: •Create a brief script to ensure we clearly identify our role, briefly explain SB 1383 and its requirements (including obtaining an agreement with a food recovery organization) and offer in-depth assistance with compliance. •Reach out first by email, then follow up by phone. •Aim to reach the correct contact. Depending on the type of food generator, this may be a store manager, Director of Food and Nutrition, Director of Food and Beverage, or similar role. •Work closely with StopWaste on messaging and materials, as StopWaste plans to conduct outreach to generators in partnership with local jurisdictions in Alameda County. •Should edible food generators decline assistance or be unwilling to comply with SB 1383, remind them that the Health Department will conduct inspections to enforc e the law. •Should edible food generators already have food donation agreements, request copies of those agreements or email confirmation that the generator is compliant. •Should edible food generators need further assistance, Cascadia will provide additional assistance as outlined in the section below. Support New Edible Food Donation Programs Next, Cascadia will reach out to various local food recovery organizations in Alameda County, including the Alameda County Community Food Bank, to better understand local donation options. Then, our team will create a few simple outreach collateral materials (should they not be available through StopWaste or CalRecycle) tailored to the different food generator types. We understand that donations from the Tier 1 generators will generally be a higher volume and consisting of different food types (produce and other ingredient items, shelf-stable foods) than Tier 2 generators, which typically donate more prepared food with shorter food safety windows. The collateral will include information on: •SB 1383 as it pertains to each edible food generators •Frequently asked questions about food donation to minimize generators’ concerns about liability and advertise tax incentives •Resources for building a new food donation program, including a list of local food recovery and third- party food collection organizations such as Replate, Copia, and Chow Match •The Model Food Recovery Agreement from CalRecycle 228 SB 1383 IMPLEMENTATION ASSISTANCE 11 Cascadia will then schedule on-site assistance (as safety allows) to walk through the facility to identify specific opportunities for food recovery, troubleshoot space issues related to donatable edible food storage and pickup, and further discuss SB 1383 and the provision for an agreement. Confirm Written Agreement Requirement After noting that the establishment of a written food donation agreement is a requirement for SB 1383 compliance, we will provide the Model Food Recovery Agreement from CalRecycle and other collateral resources listed above. We will reach out to each generator one month after the site visit to check in on how new food donation programs are proceeding and troubleshoot any difficulties. At that point, we will make sure that reporting and the written agreement are in place and request a copy or an email confirmation. Task 3 Deliverables: •Report summarizing outreach provided to edible food generators •List of edible food generators that have agreements with food recovery organizations, including copies of those contracts or other written verification •Draft and final edible food generator outreach collateral TASK 4. ANALYZE & PLAN FOR COMPOST/MULCH PROCUREMENT OPTIONS For this task, Cascadia will first evaluate the various options for complying with the organic waste procurement and as needed, the Model Water Efficient Landscaping Ordinance (MWELO) requirements of SB 1383. We will start by using CalRecycle’s or StopWaste’s Procurement Tools to: •Calculate Dublin’s procurement target and the quantities of products •Track the City’s progress towards meeting its procurement target •Organize the details important for the recordkeeping and reporting requirements We will then research the available options for procuring either renewable transportation fuel, electricity, heat, compost, or mulch. For the fuel, electricity, and heat options, we will research pricing, value and options offered through Dublin’s utility and other vendors. In addition, we can examine local infrastructure such as anerobic digestion facilities as well as the current fueling systems used for municipal, hauler and transit fleets to determine if the available infrastructure will support the City in using this option now or in the future. We will also research how neighboring peer jurisdictions are meeting the requirement by procuring gas, heat, or electricity from organic waste as applicable. We anticipate that compost/mulch will be the most likely, feasible, and cost-effective option but we will conduct the needed background research to present all options available. Should our research determine that the most feasible option for complying with the organic waste procurement regulations is giving away or applying compost/mulch to City property, Cascadia will work with Dublin staff to identify all City-owned property that is available to receive compost or mulch. We will work with our expert landscaper subconsultant, Jennifer de Graaf, to determine the most appropriate compost or mulch type to use on each unique City-owned property. She will assess which wholesale compost vendors in the Bay Area can provide the required compost and mulch quantities for each property. We will also estimate quantities that could be given away to residents and factor that into our plan. We will deliver a memo summarizing our research findings and recommended next steps including any MWELO 229 SB 1383 IMPLEMENTATION ASSISTANCE 12 considerations. After obtaining feedback from the City, we will develop an implementation plan to outline the steps involved, resources required, pricing, and organic waste quantities necessary to comply with the procurement component of SB 1383. Task 4 Deliverables: •Organic waste procurement options report and implementation plan TASK 5. SUBMIT DATA TRACKING & MANAGEMENT OPTIONS REPORT As outlined in Task 0, during the kick-off, Cascadia will discuss the current data management system that the City and AVI use for tracking compliance with State statutes such as AB 1826 and 341 and local law such as the MRO. We will ask about the challenges and issues related to the current database and data collection system and further define what an optimal future data tracking system looks like. Per our conversations with StopWaste, it is our understanding they are looking into purchasing Recyclist for their SB 1383 and local ordinance compliance data management needs. We understand that StopWaste is even looking into negotiating discounted pricing with Recyclist so that Member Agencies such as Dublin can purchase similar systems. Using a discounted Recyclist platform might be the most efficient system for data tracking and will ensure Dublin can share and communicate outreach activities with StopWaste, which will likely be providing similar and overlapping services. To help the City make an informed decision, Cascadia will conduct desktop research and interview other data management service providers, summarizing the options, pricing, and pros and cons of each alternative. We will provide a report that includes a matrix of options so that Dublin can easily compare choices. Some of the data platforms we anticipate including are Minerva, Recyclist, Salesforce, and Microsoft CRM. Task 5 Deliverables: •Database tracking and management options report TASK 6. CO NDUCT LID LIFT ASSESSMENTS IN ORGANICS & RECYCLING STREAMS TO DETERMINE CONTAMINATION LEVELS Cascadia proposes to conduct lid lift assessments to determine contamination levels in recycling bins during the same site visits planned under Task 1 and Task 2 but also on additional accounts that are currently service compliant under the law. For those accounts that have both recycling and organics collection services, Cascadia will coordinate visits according to collection days to ensure material is available for observation and inspect exterior container contents. Cascadia staff will open bags with a box cutter as necessary and use a tool such as a hand rake to view a variety of material inside the bins. Cascadia will then document observations by taking photos and estimate quantities in the City-preferred or interim data tracking system. As a follow up, Cascadia will speak with a representative on-site, conduct short education (if available) and provide a follow up email with assessment results and make recommendations for improvement in proper sorting. Cascadia will document all activities in City’s the data collection platform. Task 6 Deliverables: •Summary of assessments and related follow up outreach 230 SB 1383 IMPLEMENTATION ASSISTANCE 13 T ASK 7. CONDUCT LID LIFT ASSESSMENTS IN GARBAGE STREAM TO DETERMINE CONTAMINATION LEVELS Similar to Task 6 above, Cascadia proposes to conduct lid lift assessments to determine recoverable materials (organics and/or recyclables) found in the garbage stream during the same site visits planned under Task 1, 2 and 6. We will follow the same process for assessing garbage stream contaminants and communicating results as outlined in Task 6. Task 7 Deliverables: •Summary of assessments and related follow up outreach TASK 8. PROJECT TRACKING Cascadia will provide monthly progress reports to the City about services delivered, scheduled, and planned. In addition, Cascadia will provide the City and AVI with updated contact information and other key property data collected over the course of the project. Cascadia equips its project managers and task leads with the tools necessary to track project metrics, including progress toward task milestones, budget and cost status, and other reporting items as defined in cooperation with our clients. We make extensive use of the Deltek™ Vision project management system, an integrated tool that links project activities, timesheets, and expenses directly to the baseline budget and timeline. Our project management approach is built upon proactive and on-going communication, high quality standards, and robust project administration, and our team has a history of delivering projects on-time and on-budget. At the conclusion of the project, Cascadia will provide all site visit data, and deliver a final memorandum for the City summarizing our work conducted under the project and recommendations for further outreach and service change efforts to support compliance with SB 1383. Task 8 Deliverables •Monthly progress reports •Final memo with recommendations Schedule The preliminary project schedule detailed below presents our approach to Dublin’s SB 1383 implementation process. The schedule also details StopWaste’s anticipated implementation timeline to help visualize how Dublin can benefit from utilizing resources, tools, and materials developed and shared by StopWaste. We confirm that all one-time reports will be completed by October 2021 per the RFP; we have included budget for ongoing tasks for one year. We anticipate starting outreach and engagement tasks as soon as the outreach plan is complete, but since SB 1383 doesn’t take effect until 2022, we are open to delaying our activities as Dublin sees fit. 231 SB 1383 IMPLEMENTATION ASSISTANCE 14 Budget Our team’s proposed budget for this project is $92,130. We’ve included a pricing breakdown by task and our team members’ hourly rates in the tables below. For the ongoing tasks—Tasks 0, 1, 2.2, 3, & 8—the budget assumes costs for one year, and we included per unit costs for Tasks 6 & 7. For Task 1, the budget assumes outreach and site visits for up to 75 accounts potentially eligible for a De Minimis Waiver. The Task 2 budget assumes in-depth technical assistance for up to 125 commercial and 30 multifamily accounts. For Task 3, the budget assumes assistance for 14 Tier 1 & 2 edible food generators. We would be happy to scale our assistance up or down depending on Dublin’s available budget and need. Task Est. Hours Per Unit Cost Cost per year or one time cost Task 0. Project Management 53 N/A $8,695 Task 1. Conduct Waste Assessments to Determine De Minimis Eligibility 122 N/A $13,325 Task 2.1 Develop Outreach Plan 134 N/A $15,310 Task 2.2 Implement Outreach Plan 188 N/A $21,450 Task 3. Conduct Outreach to Edible Food Generators 104 N/A $14,260 Task 4. Analyze & Plan for Compost/Mulch Procurement Options 81 N/A $11,225 Task 5. Submit Data Tracking & Management Options Report 15 N/A $2,475 Task 6. Conduct Lid Lift Assessments (Organics & Recycling) N/A $121 N/A Task 7. Conduct Lid Lift Assessments (Garbage) N/A $121 N/A Task 8. Project Tracking 32 N/A $4,600 TOTAL 729 $92,130 Project + StopWaste Timeline With Tasks and Deliverables (✦)JUNJULAUGSEPOCTNOVDECJANFEBMARAPRMAYJUNStopWaste 1383 Project Implementation Timeline WMA Adopts Countywide Ordinance Assess Inspection & TA Approach System to Process Waivers EFR Capacity Study, Tier 1&2 EFG & FRO list, Initial Education/Mailing Develop Procurement Implementation Strategies and Tool City of Dublin Project Timeline Task 0. Project Management Kick-off meeting ✦ Task 1. Waste Assessments for de minimis Eligibility Completed/Documented waivers ✦ Task 2. Develop & Implement Outreach Plan Develop outreach plan ✦ Outreach plan implementation Task 3. Conduct Outreach to Edible Food Generators Task 4. Analyze & Plan for Compost/Mulch Procurement Options Task 5. Submit Data Tracking & Management Options Report Task 6. Conduct Organics & Recycling Lid Lift Assessments Task 7. Conduct Garbage Lid Lift Assessments Task 8. Project Tracking 2021 2022 232 SB 1383 IMPLEMENTATION ASSISTANCE 15 Key Staff Hourly Rate Julie Bryant, Principal-in-Charge $225 Angela Pan, Project Manager $150 Terry Ng, Outreach Lead $100 Maddie Seibert, Edible Food Generator Outreach Lead $120 Jennifer de Graaf, Organic Waste Procurement & MWELO Advisor $150 Consulting Agreement & Insurance Requirements Cascadia has reviewed Dublin’s Standard Consulting Agreement and we are including our requested exceptions/changes below. We confirm that we are able to meet the listed insurance requirements. Section 5. INDEMNIFICATION AND CONTRACTOR’S RESPONSIBILITIES. Contractor shall indemnify, defend with counsel acceptable to City, and hold harmless City and its officers, officials, employees, agents and volunteers from and against any and all liability, loss, damage, claims, expenses, and costs (including without limitation, attorney’s fees and costs and fees of litigation) (collectively, “Liability”) of every nature arising out of or in connection with Contractor’s negligent performance of the Services or its failure to comply with any of its obligations contained in this Agreement, except such Liability caused by the sole [active] negligence or willful misconduct of City. [NOTE TO STAFF: IF THIS IS A CONSTRUCTION PROJECT, PLEASE REPLACE THE WORD SOLE ABOVE WITH ACTIVE. IF IT IS NOT A CONSTRUCTION PROJECT, DELETE THE WORD ACTIVE IN THE BRACKETS. The Contractor’s obligation to defend and indemnify shall not be excused because of the Contractor’s inability to evaluate Liability or because the Contractor evaluates Liability and determines that the Contractor is not liable to the claimant. The Contractor must respond within 30 days, to the tender of any claim for defense and indemnity by the City, unless this time has been extended by the City. If the Contractor fails to accept or reject a tender of defense and indemnity within 30 days, in addition to any other remedy authorized by law, so much of the money due the Contractor under and by virtue of this Agreement as shall reasonably be considered necessary by the City, may be retained by the City until disposition has been made of the claim or suit for damages, or until the Contractor accepts or rejects the tender of defense, whichever occurs first. Conflict of Interest Cascadia does not envision any conflicts of interest should we be awarded this project. We currently do not have any private clients withing the City of Dublin, the Dublin San Ramon Service District, US Army Camp Parks, or the County of Alameda. We work closely with StopWaste throughout Alameda County to deliver technical assistance and outreach to businesses and multifamily properties. More details on our work for that program can be found in the Firm Qualifications section of this proposal. 233 City of Dublin Solid Waste Franchise Agreement Amendment and SB 1383 Implementation Statement of Qualifications April 1, 2021 234 April 1, 2021 Ms. Michelle Sung, Environmental Technician 100 Civic Plaza Dublin, CA 94568 es@dublin.ca.gov Subject: Solid Waste Franchise Agreement Amendment and SB 1383 Implementation Dear Ms. Sung, HF&H Consultants is excited to propose on the Solid Waste Franchise Agreement Amendment and SB 1383 Implementation for the City of Dublin. This project is the City’s strategic opportunity to carefully balance the environmental and service benefits of SB 1383 with the potential increases in costs and staffing to manage compliance. To navigate this challenge successfully, Dublin needs a partner for this project who: 1. Knows SB 1383, but more importantly, knows the wide range of approaches others are employing so that you can fully understand your options. HF&H wrote the first SB 1383 franchise agreement and prepared the first SB 1383 plan. We also prepared the model franchise, ordinance, food recovery agreement, and purchasing policies for CalRecycle. In total, we have worked with over 70 communities throughout California to adapt compliance to a wide range of real world conditions. If you partner with us, we can bring a broad range of examples for compliance and if we need to innovate new ones, we have the connections with CalRecycle to ensure that the solution is viable and compliant. 2. Is intimately familiar with the local infrastructure and industry. HF&H has negotiated with AVI’s affiliate companies in all of Dublin’s neighboring communities (Pleasanton, San Ramon, Castro Valley, and Livermore). We know what their capabilities are. We know what their cost structure is. We know what business terms they have accepted in other communities. This familiarity will help you avoid missteps and time-consuming delays in the planning and negotiation process. Through these prior engagements, we also understand what roles StopWaste, County Environmental Health, and Berkeley Environmental Health are willing to complete as a designee. 3. Has the processes, tools, and templates to get this planning process done quickly so that you can transition into implementation. If the City is going to achieve its goal of getting the plan done on an accelerated timeline, it is critical that the consultant isn’t wasting time researching and preparing. HF&H is ready with all of the processes, tools, and templates we need to effectively and quickly facilitate your planning process. Rob Hilton, HF&H’s President, will serve as your contact for this proposal and you can reach him at 925-977- 6959. Work will be performed from our Walnut Creek, CA office. HF&H confirms that we can meet the City’s Standard Consulting Agreement terms, including but not limited to, insurance requirements. Very truly yours, HF&H Consultants, LLC Rob Hilton, CMC Morgan McCarthy, JD President Project Manager 235 TABLE OF CONTENTS SECTION 1: FIRM QUALIFICATIONS AND GENERAL INFORMATION ........................................... 2 About HF&H Consultants ................................................................................................................. 2 HF&H Background ........................................................................................................................... 2 The HF&H Difference ...................................................................................................................... 2 CalRecycle Model SB 1383 Tools ................................................................................................... 3 Experts in Franchise Development and Modifications ..................................................................... 4 Ordinance Development Experience ............................................................................................... 4 Experience and In-Depth Knowledge .............................................................................................. 4 Similar Projects and References ..................................................................................................... 5 SECTION 2: PROJECT TEAM ............................................................................................................. 6 SECTION 3: PROJECT APPROACH ................................................................................................. 7 Project Understanding ..................................................................................................................... 7 Scope of Work ................................................................................................................................. 8 SECTION 4: TIMELINE ...................................................................................................................... 12 SECTION 5: FEE PROPOSAL AND WORK PLAN ........................................................................... 13 Ready to Work ............................................................................................................................... 13 APPENDICES Appendix A: Detailed Staff Resume 236 SECTION 1: FIRM QUALIFICATIONS AND GENERAL INFORMATION About HF&H Consultants HF&H’s mission is to apply environmental, economic, and social principles to support each client's vision of a sustainable future. HF&H has provided leadership, expertise, independence, and support to hundreds of municipal agencies through more than 2,500 engagements. Our reputation for excellent client service is well established. In fact, approximately 70% of our work is performed for repeat clients, some of whom HF&H has worked with for nearly 30 years. HF&H Background In 1989, HF&H was founded to provide environmentally responsible economic, financial, strategic planning, and management consulting services to public agencies. For three decades, HF&H has remained committed to its core value to serve clients exceptionally and with integrity. Through these on-going commitments, HF&H has become California’s first choice and recognized leader among municipal agencies for high-quality consulting services. The HF&H Difference When local agencies have problems or needs related to recycling, solid waste, water, and wastewater services, they hire HF&H for a few key reasons: • Our team of recognized leaders in our consulting field • Our customized approach, analytical models, and solutions that address each client uniquely • Our reputation for objective, fact-based solutions • Our commitment to conducting professional, thorough, and detailed analysis to support our findings and recommendations • Our pledge to deliver high-quality services by responding quickly and personally to clients, meeting timelines, and delivering work products that exceed expectations The results of our recent independent client satisfaction survey revealed that 100% of clients responding agreed that “HF&H staff was professional, experienced, and well-qualified.” Figure 1 presents a list of the clients and the areas in which HF&H has developed SB 1383 compliance strategies. Figure 1: SB 1383 Planning & Contract Development Experience Jurisdiction SB 1383 Compliance Assessments SB 1383 Compliance Planning Franchise Development and/or Negotiations with SB 1383 Provisions Ordinance Development or Revisions Capacity Planning/ Assessment Cost Analysis/Funding Strategies Alameda    Anaheim     Bell Gardens   Beverly Hills     237 Jurisdiction SB 1383 Compliance Assessments SB 1383 Compliance Planning Franchise Development and/or Negotiations with SB 1383 Provisions Ordinance Development or Revisions Capacity Planning/ Assessment Cost Analysis/Funding Strategies CalRecycle   Carlsbad       CCCSWA (6 agencies)     Castro Valley Sanitary District    El Monte    Elk Grove     Inglewood Kern County     Lawndale  Livermore    Manhattan Beach  MCRWMA (7 agencies)     Nevada County   Oceanside       Orange County    Pleasanton    San Bernardino    San Bernardino County    San Diego County     San José   SLO IWMA (7 agencies & 32 CSDs)       San Ramon     Santa Ana  Santa Cruz County       Santa Maria    SBWMA (12 agencies)     Stockton    Sunnyvale     Vacaville     Watsonville    CalRecycle Model SB 1383 Tools California’s Department of Resources Recycling and Recovery (CalRecycle) engaged HF&H to create Model SB 1383 Implementation Tools and Guidance to support jurisdictions and other regulated entities across the state with implementing programs and policies to reach compliance with the SB 1383 regulations. HF&H has developed the model tools and guidance and is currently assisting CalRecycle in distributing and presenting the model tools and guidance. This project resulted in the statewide Model Enforcement Ordinance, Model Procurement Policy, Model Franchise Agreement, and Model Food Recovery Agreement. HF&H’s close work with CalRecycle and dozens of industry stakeholders while developing these model tools 238 ensures that the City of Dublin will receive recommendations on compliance approaches that are consistent with CalRecycle requirements, but also consider real-world operational factors and their rate impacts. Experts in Franchise Development and Modifications The City will receive access to unparalleled knowledge and experience, developed through 550 contract procurement engagements; HF&H has negotiated agreements with nearly every collection company in the State in both competitive and sole-source environments. Not only will the City benefit from our broad experience serving all types of jurisdictions – urban, suburban, rural; large, medium, small; those with exclusive franchise systems and non-exclusive franchises; and those with one-, two-, and three-container systems, the City will experience increased project efficiency due to our extensive local experience. In addition to the advantages of our prior experience, the City will also benefit from our industry-recognized thought leadership. We have pioneered numerous policies and franchise provisions for the implementation of organics collection and processing programs while innovating performance standards that incentivize the success of these programs. Most recently, these projects have involved the development of SB 1383-specific language related to collection, route monitoring, contamination monitoring, container colors and labeling, education, reporting, and exclusion of the haulers’ exclusive rights to edible food – all of which are directly applicable to this engagement. Ordinance Development Experience While StopWaste has proposed to develop a countywide ordinance that serves as the enforcement mechanism for Alameda County jurisdictions, the City is not absolved of responsibility. Dublin will be required to adopt an “opt-in” ordinance, at a minimum, and there are likely other ordinances and provisions to be addressed that won’t be included in the StopWaste ordinance. We have prepared a Model SB 1383 Enforcement Ordinance for CalRecycle to serve as a tool for use by jurisdictions across the State. In addition, we have assisted dozens of agencies with a major amendment to their solid waste and C&D ordinances, which include mandatory generator recyclables, organics separation, recycling requirements, and CALGreen compliance. Through these engagements we have developed a database of ordinances and code examples, ensuring that the City will have plenty of options for base language that may be tailored to the City’s unique situation. Given the expeditious timeline mandated by SB 1383, it is imperative that the City engage in the most efficient process possible, and leverage institutional knowledge developed through prior engagements. Experience and In-Depth Knowledge HF&H has very recently negotiated new franchise agreements including SB 1383 provisions with Dublin’s neighboring communities (San Ramon, Pleasanton, Livermore, and Castro Valley), all of whom franchise the same family of affiliated companies as Dublin (in addition to contracting with StopWaste for additional services). We believe this will benefit the City and its SB 1383 planning services in the following ways: • Extensive knowledge of the franchise agreements in surrounding area allows for precise recommendations because we know what the franchisees have already agreed to and will thusly, be more likely to agree to the same or similar things in the proposed SB 1383 amendment. A thorough understanding of the contractor’s capabilities and willingness to provide specific programs will ensure that the City is not spending time discussing or requesting services that are unfeasible; • A keen understanding of the parties involved will assist the City with efficiently delegating roles between stakeholders, as well as understanding where the City may need to supplement programs conducted by 239 designees or contractors. Similar Projects and References Client Client Contact City of Livermore Ms. Judy Erlandson, Public Works Manager (925) 960-8002 - JAErlandson@ci.livermore.ca.us City of Pleasanton Ms. Becky Hopkins, Assistant to the City Manager (925) 931-5002 - bhopkins@cityofpleasantonca.gov City of San Ramon Ms. Maria Fierner, Public Works Director (925) 972-2670 – mfierner@sanramon.ca.gov City of Livermore Franchise Agreement Negotiations (2019) The City of Livermore’s franchise agreement with Livermore Sanitation Inc. (LSI) was set to expire on June 30, 2020. The City identified a number of issues that needed to be addressed either prior to the end of the term or with a new hauler, including: (1) recycling markets and recyclables revenues, which were being impacted by China’s policies (e.g., Blue Sky, National Sword, etc.); (2) integration of enhancements to address SB 1383 regulations; and, (3) reducing contamination levels of commercial organics. In 2008, HF&H assisted the City with procurement, drafting, and negotiation of the existing franchise arrangement with LSI, and with LSI compensation reviews on several occasions since that time. As such, the City retained HF&H to assist with negotiating these important contract changes and resulting rate impacts. Results Through the negotiations process, HF&H helped the City secure updated collection arrangements and supporting programs, designed to be compliant with SB 1383. The negotiated deal also included the establishment and funding of a balancing account to anticipate additional costs related to SB 1383, a two-year freeze in LSI compensation, and a new ten-year term (plus five-year extension option). City of Pleasanton Sole-Source Negotiations (2017-18) The City's exclusive refuse collection and recycling franchise agreement (Franchise) with Pleasanton Garbage Service (PGS) to provide all residential and commercial solid waste services, (including the collection of refuse, recyclable material, green waste, food scraps, and construction and demolition material from residences and commercial accounts), was set to expire in 2019. PGS had been operating in the City for over 40 years. Based on PGS' history of service, the City Council determined it appropriate to engage in negotiations with PGS prior to conducting a public bidding process. The intent of this process was to determine if PGS could meet the City's current and future needs in a manner that was consistent with industry standards, with services and rates comparable to neighboring cities, with an increase in the franchise fee, and with PGS (rather than the ratepayers) assuming reasonable risks related to the cost of its operations. The City Council engaged HF&H to assist with this determination and process. Client Contact Judy Erlandson Public Works Manager (925) 960-8002 JAErlandson@ci.livermore.ca.us Client Contact Becky Hopkins Assistant to the City Manager (925) 931-5002 bhopkins@cityofpleasantonca.gov 240 Results Staff entered the process with the following goals: • Obtain a state of the art service agreement consistent with best industry practices; Transfer risk regarding routine changes in operating costs from the ratepayers to PGS; Increase the City franchise fee to be more consistent with those in other communities that would help offset the impact of refuse services conducted in the community; • Create a service rate adjustment system based on clearly identifiable regional cost indexes, thus replacing negotiated service rate settlements; Eliminate all practices related to cost carryovers from year to year that placed the City customers at risk of absorbing unexpected costs; Increase the transparency of related party financial interactions ; HF&H assisted staff in negotiating an agreement with PGS that achieved all of these goals, while also achieving a 13.3% rate reduction. City of San Ramon High Diversion Planning and Procurement (2017-18) The City’s existing solid waste and recycling collection agreement with Waste Management (WM) was set expire in 2019. In 2017 the City engaged HF&H to perform detailed diversion program planning in anticipation of the new agreement term, to assist the City in determining whether to enter into sole- source negotiations with WM, or to go out to competitive bid. Following the initial planning process, the City elected to engage in a competitive procurement process, which was managed by HF&H. A key goal through the process was to design the new franchise agreement to be compliant with the requirements of SB 1383, which presented a challenge, as the regulations were in draft form at the time. Results HF&H assisted the City with dual negotiations with two proposers, WM and Alameda County Industries (ACI), which resulted in the City entering into an agreement with ACI. The new agreement retained all services provided under the prior franchise agreement, as well as added the following: • SB 1383-compliant collection, processing, contamination monitoring, organic waste product procurement, and public education provisions; • 90% diversion by the end of the contract term, with significant penalties for non-performance; and, • Free collection of appliances and furniture on specified clean-up days to remediate illegal dumping. SECTION 2: PROJECT TEAM Out of all the HF&H staff members, HF&H selects its project team members based on the unique needs a client has for their project. This section describes key team member’s specific qualifications and roles on the City’s project. The team we have assembled for City of Dublin was chosen for their familiarity with local market conditions and negotiations issues as well as their breadth of experience specific to SB 1383 planning. We have also assembled a team that has available capacity in their workload to give your project the attention it deserves.. Full detailed resumes are included in Appendix A. Rob Hilton, CMC, President Project Director Since 2002, Mr. Hilton has provided recycling and solid waste consulting services to public agencies in projects Client Contact Maria Fierner Public Works Director (925) 973-2670 mfierner@sanramon.ca.gov 241 covering a wide range of strategic, operational, programmatic, contractual, and financial issues. Rob leads HF&H’s California franchising team in support of more than a dozen communities each year who are either competitively procuring or negotiating solid waste collection, processing, and/or disposal contracts. Rob was personally involved in the SB 1383 planning and franchise negotiations projects for Pleasanton, CVSan, Livermore, and San Ramon and will bring that experience to Dublin’s project. In addition, he has lead HF&H’s statewide efforts since 2016 to prepare local government clients for SB 1383. These efforts include several SB 1383 implementation plans, SB 1383-compliant franchise agreements, SB 1383- compliant ordinances, and a series of four SB 1383 Local Government Summits. Morgan McCarthy, JD, Project Manager Project Manager Morgan McCarthy has over 15 years of experience working in the solid waste industry, comprised of 11 years of work for multiple waste haulers, followed by 4 years of consulting work in L.A. County. Her expertise is in contract drafting and management, procurement, negotiations, municipal code drafting, and contract compliance. Ms. McCarthy is currently assisting the City of Carlsbad in developing an RFP, Franchise Agreement, and Sustainable Materials Management Implementation Plan. She is additionally assisting Mr. Hilton and Mr. Mainolfi with the Franchise Agreement in the City of Oceanside. Tracy Swanborn, PE, Sr. Manager SB 1383 Contracting Advisor Tracy Swanborn, has more than 29 years of solid waste and recycling consulting experience assisting municipal agencies. Her expertise is in collection, transfer, processing, and disposal services procurement, contract development, and negotiations. She also has extensive experience assisting jurisdictions with diversion program planning including organics diversion programs. Recently, Tracy has managed the development of CalRecycle’s model SB 1383 tools, while continuing to offer advisory services to several clients surrounding their planning and contracting needs. Phil Mainolfi, Project Manager SB 1383 Strategic and Financial Advisor Mr. Mainolfi brings over 13 years of prior financial, accounting and process automation experience, as well as seven years of diverse experience in the solid waste industry. Mr. Mainolfi spent several years in the private sector managing solid waste contract compliance for 46 municipalities and government agencies, developing financial models, automating financial reporting processes, and designing/ developing management reporting tools. Mr. Mainolfi has assisted or is currently assisting the Castro Valley Sanitary District, San Ramon, Pleasanton, MRWMD and over a dozen other jurisdictions with SB 1383 planning and implementation. SECTION 3: PROJECT APPROACH Project Understanding Changing Regulatory Landscape Necessitates Additional Planning Like many of our clients, Dublin’s solid waste programs and services were originally designed to meet the regulatory requirements, local policies, market conditions and economic and financial realities that were current at the time when they were implemented. The good news is that those plans included Phase 2 of StopWaste’s Mandatory Recycling Ordinance. Now, the City needs to formulate a plan to address the remaining elements of SB 1383 including generator regulation, monitoring, contamination management, CalGreen and MWELO compliance, edible food recovery, and significant new reporting requirements. Through this engagement, roles will be delineated between the City of Dublin, StopWaste, AVI, and potentially other stakeholders to ensure the 242 City is compliant with regulations, providing efficient services, and minimizing impacts on staffing and budget where appropriate. Scope of Work Task 1: SB 1383 Gap Analysis 1.1 Kick-Off Meeting HF&H will facilitate a virtual, or in-person, meeting with City Staff to initiate the project. This meeting will serve as a forum for reviewing the project approach, objectives, key milestones, and deadlines. The kick-off meeting will offer a forum for the City to provide additional context surrounding its unique situation which will help ensure the project deliverables are congruent with the City’s goals. 1.2 Request for Information HF&H will provide both the City and AVI with separate requests for information which will facilitate the franchise amendment process, as well as provide necessary information for the SB 1383 gap analysis and financial analysis report. While HF&H is familiar with options that StopWaste is exploring and the potential services AVI can provide, there are several items outside the franchise agreement that will be necessary to facilitate the SB 1383 planning, financial analysis report, and franchise amendment Tasks (Tasks 2 through 4). We have combined both the RFI for the franchise amendment and the SB 1383 gap analysis to increase efficiency, a necessary step if the City wishes to complete this engagement in a timely manner (and avoid potential notices of violations and fines by CalRecycle). 1.3 Review Background Documents and Populate SB 1383 Gap Analysis HF&H will review the documents provided by the City and AVI and populate them into our detailed excel-based SB 1383 compliance gap analysis tool. This analysis will also be distilled into a PowerPoint presentation that will serve as a facilitation vehicle for the meetings listed in Subtask 1.5. 1.4 Analyze Current Programs and Provide Future Program Options HF&H will review the current solid waste agreement and amendments, the current solid waste rate schedule, and other relevant documents obtained through Task 1.2 as they pertain to both SB 1383 and modern industry practices and prepare for gap analysis review meeting (Task 1.5) to be held with City staff. HF&H will utilize our proprietary SB 1383 client onboarding tool, designed specifically to facilitate an efficient analysis of current programs identifying areas and services compliant with SB 1383. This analysis will culminate in a contract profile including existing services, compared to minimum standards for compliance, as well as enhanced options that the City may wish to consider. We will include our preliminary recommendations for discussion. Additionally, during the kickoff meeting, we will discuss key issues and pricing pressures relating to the negotiation of the franchise agreement and confirm the detailed schedule for the contracting process. The City may also consider including other contract enhancements not directly related to SB 1383 as part of the negotiations. Based on our discussions with City staff, we will prepare a Project Plan that documents the existing and alternative solid waste and recycling services, and schedule. We will provide a copy of the Project Plan to the City and use it as a tool to manage the negotiation process. 243 Deliverable #1: Gap Analysis on franchise agreement and other solid waste program activities to determine SB 1383 compliance status. 1.5 Meeting to Review Gap Analysis HF&H will facilitate a three-hour virtual, or in-person, meeting with City Staff and Management to review the findings of Subtasks 1.4. At this meeting we will utilize a PowerPoint style presentation to educate various stakeholders on regulatory requirements, program gaps, and compliance pathways. We believe that this meeting is a critical step as solicitation of Staff and Management feedback will inform the most appropriate programs to include in the franchise amendment. The City will benefit from HF&H’s wisdom obtained through delivering similar analyses to dozens of jurisdictions; we have already performed this task in San Ramon, Pleasanton, and Castro Valley Sanitary District ensuring that local context is considered. Task 2: Identify SB 1383 Program Options & Design Franchise Agreement and Ordinance 2.1 Populate Design Intake Documents (Franchise agreement and Ordinance) HF&H will draft and update our “Intake Design Document” for use throughout this process. This document provides a framework for drafting or amending franchise agreements to comply with legislation while also contemplating industry best-practices and other franchise terms that should be considered and discussed. This document will be further-customized based on the Meeting with City Staff (Subtask 2.2) to incorporate any additional items the City may wish to include, and to remove those items the City does not wish to explore or amend. 2.2 Facilitate Intake Planning Meeting HF&H will host one virtual or in-person meeting with the City up to three (3) hours. Due to the impending deadline of SB 1383, HF&H proposes to review the Design Intake Documents for both the Franchise Agreement and Municipal Code simultaneously. There is a necessary interdependence between the agreement and Municipal Code, and ensuring their congruence is essential to successful programming (drafting of ordinance is addressed under Task 5). This Design Intake Meeting will be with Solid Waste Program Staff to discuss key issues and alternatives and complete the Design Recommendation. Task 3: Financial Analysis of SB 1383 Programs & Resources 3.1 HF&H’s SB 1383 Cost and Resource Model A key strength of the HF&H team is our access to cost and program-related data as a means for comparison with City’s current and potential future programs. HF&H will leverage our recent experience in Pleasanton, San Ramon, Castro Valley, and Livermore to evaluate the reasonability of proposed rate impacts. Our familiarity with local conditions and extensive experience performing SB 1383 financial analysis will assist with efficient and thorough costing specific to the City of Dublin. By selecting the HF&H Team, Dublin will be well positioned to receive a high-quality analysis as we have modeled the cost/benefit of many organic waste recovery options in the past few years for dozens of communities throughout California. While we will leverage our prior experience and costing models, they were originally designed to be dynamic enough to adapt to the unique scenarios of each jurisdiction. Furthermore, we guarantee that the cost analysis will not be a generic assessment but will be customized specifically for the City of Dublin. For example, the organic waste product procurement target will be calculated based on the City’s current population, currently available infrastructure, and recovered organic waste products within the region. In addition to cost implications, HF&H’s models integrate staffing demand, which is an essential driver of 244 program costs. For example, the number and job classification of Staff involved in program design will influence the one-time compliance costs. If the City chooses to implement its own public education and outreach (opposed to delegating to their hauler and/or StopWaste), it will require on-going staffing demand to develop content and translate media. Staffing demand is often a driver of whether programs are delegated or handled in house, which is why we include them in our cost models, to ensure that our clients are appropriately resourced from both a financial and human capital perspective. The City will receive enhanced efficiency and cost savings by leveraging substantial portions of our prior rate and resource planning models, which will also allow our expert team to focus on customizing and analyzing variables to fit Dublin’ unique conditions and program-specific baseline data. HF&H’s proprietary resource planning models are integrated within our cost/benefit models ensuring congruency between the resource plan and the rate analysis. This task will culminate into robust cost and resource analysis tables displaying cost ranges with low and high estimates for one-time and on-going costs, as well as an indication whether programs are mandatory or supplemental. HF&H will present these findings along with the primary cost-driving assumptions to the City in a two (2) hour meeting. Deliverable #2: Executive summary, including tables that display program details, estimated costs, and resource requirements. A two-hour meeting to review the cost and resource analysis, as well as to discuss funding options (see task 3.2 for further description). 3.2 Review Alternative Revenue Sources HF&H will develop a listing of alternative revenue sources that have been used by other jurisdictions to fund solid waste program expenses. Potential funding mechanisms include contractor reimbursement, AB 939 fees, SB 1383 fees, vehicle impact fees, and several other mechanisms. We will meet with Dublin staff to discuss how each alternative works and their positive and negative aspects under Subtask 3.1. For example, Franchise Fees have been heavily litigated for several years and this approach may exceed the City’s risk tolerance, particularly when there are alternate funding mechanisms available. 3.3 Provide Financial Analysis Report Following the meeting conducted in Subtask 3.1, HF&H will update our cost and resource model to include any changes discussed during Subtask 3.1, and draft a financial analysis report. The City of Dublin will then receive a financial analysis report containing planning-level estimates of rate and resource needs for each compliance program element identified with City staff. Resource requirements for each compliance element will be identified as one-time or on-going staffing demands, and will be further delineated by employee classification. HF&H will identify programs that are mandatory verses those that are best practices to assist the City with program selection. Costs will similarly be delineated between programs, on-going and one-time costs, and hauler costs. The City will benefit from HF&H’s experience resource planning for dozens of other jurisdictions, ensuring that costs such as employee training, manager oversight, director-level policy discussions and other procedural obligations are captured in the financial analysis report. For over three years HF&H has had a dedicated team performing SB 1383 rate and resource planning and they will serve as participants and advisors to this project to ensure that the City of Dublin benefits from their depth of experience. 245 Deliverable #3: Financial Report detailing program implementation costs and potential funding sources to meet SB 1383 mandates. Task 4: SB 1383 Contract Negotiations 4.1 Convert Design Intake into Draft Franchise Agreement The state’s methane reduction targets as prescribed under SB 1383 require substantial modification to the provision of solid waste and recycling services, both locally and statewide. While the City of Dublin has been proactive in their implementation of innovative environmental programs, SB 1383 necessitates further programmatic changes and enhancements, including but not limited to: • Providing an organic waste recycling program to all generators • Implementing a more extensive edible food recovery program for Tier 1 and Tier 2 generators as defined by CalRecycle • Potential amendment to existing customer rate structures and contractor compensation methods • Updated reporting and monitoring standards • Enhanced contamination monitoring and enforcement program • Annual compliance reviews • Additional customer education and outreach HF&H will assist the City in development of an SB 1383 compliant amendment to their current franchise agreement that reflects legislative requirements and relevant best practices as determined with City Staff during prior tasks. HF&H will work closely with the City to identify and adapt the service specifications to industry trends and developments that have occurred since the current agreement was signed. HF&H has an extensive library of franchise agreements throughout California to draw upon for examples of performance standards, service options, diversion programs, and rate adjustment methodologies for the City’s consideration, which will maximize the efficiency of the process and quality of the agreement. Deliverable #4: Report outlining suggested amendments to the City’s existing solid waste franchise agreement. 4.2 Negotiate Terms w/ AVI HF&H will facilitate up to four meetings between the City of Dublin and AVI to finalize the franchise terms and establish service rates. The number of meetings, if properly planned, prepared for and managed should be adequate for completing negotiations. Throughout the negotiations HF&H will document all discussions, decisions, and agreements between the City and AVI for incorporation into the final franchise agreement. Dublin will gain more time with HF&H as we are familiar with the City’s hauler and what they are likely to agree to. This in turn makes HF&H more efficient in their negotiations and are more likely to result in the City meeting the goals of SB 1383. Throughout the negotiations HF&H will document all discussions, decisions and agreements between the City and AVI for incorporation into the final franchise amendment. Contract negotiations often take cities from nine months to well in excess of a year, and the City will require a contractor to expedite this timeframe in order to comply with SB 1383. The City will benefit from HF&H’s extensive experience negotiating with AVI and it’s affiliate companies as we know which pitfalls to avoid. 4.3 Revise Draft Amendment to Franchise Agreement Based on the discussions with City staff described above, we will a prepare draft franchise agreement for the desired services and negotiated contract terms. City staff, including the City Attorney, will subsequently review 246 the draft agreement. City staff is requested to make any changes directly to the documents in a strike-and- replace format, which we will then use to prepare an updated draft agreement. Deliverable #5: Final negotiated and approved amendment to the City’s existing solid waste franchise agreement. 4.4 Facilitate Amendment Review Meeting (Program & Legal, teleconference) After City Staff submits the redlined draft franchise amendment and their comments back to HF&H, HF&H will coordinate a meeting with the City to review proposed changes and discuss any questions or comments the City may have. HF&H will use the discussion and decisions from this meeting to finalize the draft franchise amendment in Subtask 4.5. 4.5 Finalize Amendment & Send to Contractor HF&H will update the franchise amendment again, if there are any issues or changes identified by City Staff during the meeting conducted under Subtask 4.4. Following this update, HF&H will submit the updated draft amendment to AVI for final review. 4.6 Final Negotiating Meeting to Review/Approve Amendment After AVI has reviewed the restated franchise amendment developed under Subtask 4.5, HF&H will host a virtual meeting with the City and AVI to review any issues identified and to discuss amendment finalization. It is anticipated that any minor edits to the amendment that may be needed will be conducted in real-time during the meeting so that all parties can come to final agreement. Task 5: SB 1383 Municipal Code Update Design Using the information gathered and based on the recommendations resulting from Task 1-3, HF&H will convert the Municipal Code Design document into a Draft Municipal Code to facilitate the process of planning for and defining the necessary changes to the City’s municipal code for review by Senior Management. Task 5 will include the following subtasks: 5.1 Convert Design Intake into Draft Municipal Code HF&H will take the design intake document and turn this into a draft municipal ordinance. This draft will be provided to City staff to review and comment on. 5.2 Revise Proposed Design Intake HF&H will revise the draft SB 1383 Municipal Code to reflect the City staff and senior management input. This draft will be reflective of all SB 1383 required code updates as well as any additional requirements or additional requests per the City. 5.3 Finalize Proposed SB 1383 Municipal Code Update Design based on Senior City Management input Deliverable #6: Provide a draft solid waste ordinance revision with recommendations for updates to the City’s solid waste ordinances. SECTION 4: TIMELINE In the RFP, the City requested timelines for each phase/task for the services requested. A preliminary schedule is provided below: 247 SECTION 5: FEE PROPOSAL AND WORK PLAN Ready to Work HF&H staff are available to begin work on this project immediately following contract execution. We have reviewed the assignments of the staff that we are proposing for this project and they have sufficient time available into the foreseeable future to assist the City with a successful implementation ensuring that Dublin receives the highest level of service and responsiveness, which is central to our core values and business model. Kick-off Meeting RFI Gap Analysis + Design Intake Documents(Agreement and Ordinance) Meeting to Review Gap Analysis Design Intake Meeting (Agreement and Ordinance) Convert Design Intake into Draft Franchise Agreeent and Draft Ordinance Meeting to Review with Sr. Mgmt Provide Draft Franchise Agreement to AVI Negotiate Franchise Agreement with AVI Final Draft of Franchise Agreement Amendment and Municipal Code 248 249 Municipal Regional Stormwater NPDES Permit Inspections and Illicit Discharge Response Services for City of Dublin Request for Proposals Prepared By: Surf to Snow Environmental Resource Management, Inc. (S2S) 2246 Camino Ramon San Ramon, CA 94583 Elizabeth Frantz, Senior Vice President, Co-Owner Phone: 925-718-3193 / Email: efrantz@s2serm.com and s2sbids@s2serm.com Date: February 24, 2021 Submitted Electronically to: Shannan Young, Environmental & Sustainability Manager City of Dublin Public Works Department 100 Civic Plaza City of Dublin, CA 94568 es@dublin.ca.gov 250 TABLE OF CONTENTS Table of Contents ....................................................................................................................................................... i Acronym List ............................................................................................................................................................. i I.Qualifications and Experience ............................................................................................................... 2 II.References ............................................................................................................................................... 5 III.Key Staff Members ................................................................................................................................. 7 IV.Approach to Completing the Project .................................................................................................... 7 IV.1 MRP Provision C.3 O&M Verification Inspections ................................................................................. 7 IV.2 MRP Provision C.4 Business Inspections ................................................................................................ 9 IV.3 C.3 and C.4 Post Inspection Reporting and Deliverables ....................................................................... 12 IV.4 Illicit Discharge and Spill Response Assistance ..................................................................................... 13 IV.5 Project Management and Quality Assurance and Quality Control ......................................................... 14 V.Project Schedule ................................................................................................................................... 14 VI.Fee Schedule .......................................................................................................................................... 15 Appendix A: RESUMES ............................................................................................................................................ ACRONYM LIST A _________________________________________________________________________________________________ ACCWP Alameda Countywide Clean Water Program B _________________________________________________________________________________________________ BMP Best Management Practice C _________________________________________________________________________________________________ CA California CESSWI Certified Erosion Sediment and Stormwater Inspector CITY City of Dublin CGP Construction General Permit CPESC Certified Professional in Erosion and Sediment Control D _________________________________________________________________________________________________ DGS Department of General Services DI Designated Inspector DVBE Disabled Veteran Business Enterprise E _________________________________________________________________________________________________ ERP Emergency Response Plan ESCP Erosion and Sediment Control Plan ESD Environmental Services Division G _________________________________________________________________________________________________ GIS Geographic Information System 251 GPS Global Positioning System L _________________________________________________________________________________________________ LID Low Impact Development M _________________________________________________________________________________________________ MS4 Municipal Separate Storm Sewer System MRP Municipal Regional Stormwater Permit N _________________________________________________________________________________________________ NOT Notice of Termination NPDES National Pollutant Discharge Elimination System O _________________________________________________________________________________________________ O&M Operations and Maintenance P _________________________________________________________________________________________________ PG&E Pacific Gas & Electric Company PM Project Manager POC Point of Contact Q _________________________________________________________________________________________________ QA/QC Quality Assurance/Quality Control QISP Qualified Industrial SWPPP Practitioner QSD Qualified SWPPP Developer QSP Qualified SWPPP Practitioner R _________________________________________________________________________________________________ RFP Request for Proposal RWQCB Regional Water Quality Control Board S _________________________________________________________________________________________________ S2S Surf to Snow Environmental Resource Management, Inc. SB Small Business SDRP Spill and Discharge Response Plan SIC Standard Industrial Classification SMARTS Storm Water Multiple Application and Report Tracking System SSBIR Standard Stormwater Treatment BMPs Inspection Report SSFIR Standard Stormwater Facility Inspection Report SWPPP Stormwater Pollution Prevention Plan W _________________________________________________________________________________________________ WPCD Water Pollution Control Drawings 252 City of Dublin Public Works Department 100 Civic Plaza City of Dublin, CA 94568 SUBJECT: Request for Proposals (RFP): Municipal Regional Stormwater NPDES Permit Inspections and Illicit Discharge Response Services TO: Shannan Young, Environmental and Sustainability Manager Surf to Snow Environmental Resource Management, Inc. (S2S) understands that the City of Dublin (City) is seeking continued contract support to meet permit mandates under the Municipal Regional Stormwater National Pollutant Discharge Elimination System (NPDES) Permit Order No. R2-2015-0049 Municipal Regional Stormwater Permit (MRP) and the successor permit, specifically for provisions C.3, C.4, and C.5. We plan to leverage our experience working with the City, dating back to 2016, to offer innovations to provide comprehensive services across all three provisions while maximizing our institutional knowledge to build efficiencies in cost. As a firm founded to address stormwater and water quality issues for our clients, S2S brings extensive experience with stormwater management and inspections (Stormwater Pollution Prevention Plan (SWPPP)/Erosion and Sediment Control Plan (ESCP) development and monitoring) for the Construction General Permit (CGP); compliance support services for the MRP; site Best Management Practice (BMP) design, installation, maintenance, and removal; site restoration; site closure; environmental encroachment permitting; study plan development and implementation; environmental impact studies; environmental inspection; sampling, monitoring, and reporting; quality assurance and quality control (QA/QC) planning; and environmental laws and regulations. We provide our services for a wide range of clients across California including several public agencies with needs similar to those requested by the City in this RFP. We commit to perform the services as described in the Scope of Work (SOW). By signing this submission, we commit to the obligations contained in this proposal and intent to adhere to the provisions set forth in the RFP and Addendum 1 received February 15, 2021. We agree to accept and enter into the attached City’s Standard Consulting Services Agreement and will meet or exceed the pre-requisite insurance requirements. Sincerely, Elizabeth Frantz, Senior Vice President, Co-Owner Surf to Snow Environmental Resource Management, Inc. Physical Address:2246 Camino Ramon, San Ramon, CA 94583 Mailing Address: 696 San Ramon Valley Blvd. # 368; Danville, CA 94526 Phone: 925-718-3193 Fax: 925-362-3042 Email: efrantz@s2serm.com and s2sbids@s2serm.com 253 I. QUALIFICATIONS AND EXPERIENCE Surf to Snow Environmental Resource Management, Inc. (S2S) understands the City is seeking professional services to develop 5-year and annual work plans and to conduct inspections to meet MRP Provision C.3 Operations and Maintenance (O&M) Verification requirements; to develop 5-year and annual work plans and to conduct inspections to meet MRP Provision C.4 Business Inspection requirements; and provide illicit discharge and spill response services (C.5). Headquartered in San Ramon, California and established in 2008, S2S is a family-owned California (CA) Department of General Services (DGS) certified Small Business (SB) and Disabled Veteran Business Enterprise (DVBE cert #54454). S2S specializes in providing professional, technical, and consulting services specific to environmental resources and stormwater issues for a wide range of clients across California including several public agencies including the City. As the current consultant providing MRP support services for the City, S2S is positioned to continue our support and build on our direct knowledge of the work to ensure continued successful and efficient permit compliance. I.1 Firm Experience As a firm founded to address stormwater and water quality issues for our clients, we bring extensive experience with stormwater management and inspections; SWPPP and ESCP development and monitoring; site restoration BMP design, installation, maintenance, and removal; site closure; environmental permitting; study plan development and implementation; environmental impact studies; environmental inspection, sampling, monitoring, and reporting; QA/QC planning; and environmental laws and regulations. S2S personnel include one Qualified Industrial SWPPP Practitioner (QISP), eight Qualified SWPPP Practitioners (QSPs), six Qualified SWPPP Developers/Practitioners (QSD/Ps) and five Designated Inspectors (DIs). We have performed 340 stormwater permit evaluations in the last three years, developed more than 172 SWPPPs in compliance with the CGP in the last 3 years, and managed SWPPP monitoring for more than 183 projects in the last 3 years. We have developed four CALTRANS Water Pollution Control Plans (WPCP) and worked on 105 projects under Statewide General Order for Discharges from Natural Gas Utility Construction O&M Activities. Since 2008, S2S has grown to more than 60 staff including QSDs, QSPs, DIs, certified Geographic Information System (GIS) specialists, land planners, biologists, and California Environmental Quality Act specialists. We are the current MRP Inspections and Spill Response Services contract holder for the City and have provided these inspection services for the City since March 2016. S2S has maintained a strong relationship with the City throughout the contract. S2S has successfully performed work across these three main components, 1) scheduling, 2) inspections, and 3) reporting. We are providing an average of 180 inspections per year including first inspections, re- inspections, and third inspections in some cases. We adapted in response to COVID-19 health mitigation measures to find ways to continue MRP compliance support, while minimizing in-person contact. We implemented the use of photologs to provide clarity to business owners of where corrective actions were required when compliance issues were observed. Business owners have been extremely receptive to this adaptation and we have seen a three percent reduction in facilities needing more than one re-inspection in 2020, and we expect this will help reduce the need for multiple re-inspections in the future. Our support also includes use of contract-specific joint City and S2S business cards to use when visiting project locations and businesses. S2S Performing C.4 Inspections for the City 254 S2S supported the City with inspections pertaining to third party reported spills, discharges, and releases (C.5). We maintain a 24-hour emergency response line, as well as a procedure to quickly respond to urgent requests with a local workforce. Tasks include investigating the spill, determining the source, and assisting in determining how to clean the spill. This included obtaining photographs for documentation. Emergency notifications were made by the City to appropriate resource agencies when required. We have worked with the City to draft and send warning letters and our staff are well versed in providing professional communication with business owners. I.2 Qualifications and Experience of S2S Team S2S is positioned to self-perform the full scope of this contract for the City leveraging our Key Personnel and field inspectors based out of our San Ramon, CA office. Our Senior Vice President and Co-Founder, Ms. Elizabeth Frantz will serve as Principal-in-Charge and ensure our proposed key project team led by Project Manager (PM) Ms. Miranda Hom and Field Point of Contact (POC) Ms. Kelsey Laux to deliver high quality services. Ms. Hom will serve as PM and primary management and planning POC for the City, ensuring appropriate and qualified stormwater team personnel are available in accordance with inspection schedules and permit requirements. As the Field POC, Ms. Laux will maintain and track the inspection schedule and status and deliver the weekly /monthly status reports. Our proposed organizational chart, Exhibit 1, demonstrates how Ms. Hom, supported by Ms. Laux, will work within our organization to quickly respond to City’s C.3, C.4, and C.5 projects for the term of the contract. Principal-in-Charge: Elizabeth Frantz, QSD/QSD #25480, CPESC Ms. Elizabeth Frantz is an expert in environmental analysis and water quality, with over 20 years of experience. Ms. Frantz will provide QA/QC guidance and oversight for this project. This includes developing consistent standard operating procedures and guidance for best practices, as well as incorporating innovations to both improve quality while saving time. We maintain a focus on continual improvement and build in lessons learned with project operations. Specific to this RFP, Ms. Frantz has provided quality control oversight for Stormwater and Water Quality program development, management, scheduling, implementation, and reporting to clients regarding their MRP program provisions. She has extensive experience working directly with regulatory agencies and has developed and implemented dozens of water quality monitoring plans and water quality/stormwater permits. She has provided QA/QC oversight for all projects referenced for S2S, including our current City contract. Ms. Frantz also has prepared detailed QA/QC Program Plans for various client monitoring and sampling. Experience on Similar Referenced Projects: Principal-in-Charge for City of Dublin, City of Fremont, City of Newark, and Pacific Gas & Electric (PG&E) Stormwater projects. Exhibit 1. S2S Team Organizational Chart 255 PM / Contract POC: Miranda Hom, QSD/QSP #26782, CPESC/CESSWI Ms. Miranda Hom will serve as the PM and primary contract and planning POC for the City on this contract. She has more than 7 years’ experience, is a QSD/QSP, and Supervisor/PM for S2S. She has experience in stormwater NPDES training and compliance, annual reporting, MRP inspections, and water quality. Ms. Hom has previously served as the lead field MRP inspector providing overall O&M compliance support for municipal clean water programs/stormwater management programs, conducting more than 100 business stormwater facility evaluations and stormwater inspections. She also completed several spill response and discharge investigations in support of NPDES provision C.5 under the City’s MRP. Ms. Hom is the lead QSD for permitted stormwater projects . Ms. Hom is also the lead QA/QC coordinator for all inspection and monitoring tasks for S2S, providing project-level technical QA/QC. She routinely reviews and provides feedback on completed inspection reports for routine stormwater inspections as well as NPDES inspections, ensuring that all documentation complies with applicable requirements. Experience on Similar Referenced Projects: Project Manager and Field Lead for City of Dublin, City of Newark, City of Fremont, and PG&E Construction stormwater projects. Field POC / Lead Inspector (C.3., C.4, C.5) / GIS: Kelsey Laux, QSP #27598 CESSWI Ms. Kelsey Laux will serve as the Field POC responsible for providing recommendations for prioritization of C.3 and C.4 inspections (with guidance from Ms. Hom), coordinate response to C.5 spills, track inspection status, and report to the City throughout the contract term. Ms. Laux is a QSP field inspector for multiple stormwater projects with S2S since 2018. Ms. Laux is currently the Field POC for the City under the existing contract. Ms. Laux also performs stormwater inspections at municipal facilities for City of Newark. Ms. Laux assists the lead QSD with WPCD preparation using ArcMap GIS, performs stormwater inspections for construction projects, follows up with construction site contacts on corrective actions or any spills/discharges noted during inspections, and maintains proper reporting. She routinely collects water samples during rain events and assists with management of S2S field equipment. Ms. Laux is an active member of the S2S Safety Committee assisting with maintaining safety documents and training tailboards for field work and other high-risk tasks. Experience on Similar Projects: Field POC for the City of Dublin and for City of Newark, and Field Inspector for City of Fremont and PG&E Construction Stormwater projects. Field Inspector (C.3., C.4, C.5) / GIS: Will Sharwood, QSD/QSP #26401, CPESC/CESSWI Mr. Will Sharwood will serve as field inspector qualified to support Section C.3, C.4, and C.5 requirements. He has been part of the S2S team since 2016 and brings experience performing stormwater inspections and sampling for linear and traditional construction projects, and he has performed municipal stormwater inspections for the City under the current contract. Mr. Sharwood routinely provides environmental tailboards/training to construction crews and serves as an onsite monitor during BMP installations in higher risk project locations. Mr. Sharwood assists with management of S2S field equipment, analyzes data, and drafts compliance reports to conform to state and federal environmental regulations. Mr. Sharwood maintains contact with all of his key project contacts and routinely follows up on and maintains reports for corrective actions or spills/discharges noted during routine inspections. Mr. Sharwood serves as the QSD in SWPPP development, design, and implementation, including WPCD preparation using ArcMap GIS. Experience on Similar Projects: Field inspector for City of Dublin, City of Newark, City of Fremont, and PG&E Construction Stormwater projects. Provides support for annual reporting, training, and compliance services. Field Inspector (C.3, C.4, C.5) / GIS Lead: Maya Ellington, QSP #27550, CESSWI Ms. Maya Ellington is available to provide support for Section C.3, C.4 and C.5 activities providing both field inspector services as well as ArcMap GIS expertise. She is a trained QSP field inspector for stormwater projects 256 including the current City contract which she has supported since joining S2S in 2018. Possessing her professional certificate in GIS, Ms. Ellington specializes in cartography and geospatial analysis, providing unique support for clients with advanced GIS needs. She implements GIS tools to assist with management of georeferenced data and provides guidance to other GIS team members. Ms. Ellington is an experienced QSP providing stormwater training, inspections, and sampling for various permitted projects throughout California. Experience on Similar Referenced Projects: GIS Lead and field inspector for City of Dublin, City of Newark, City of Fremont, and PG&E Stormwater Projects. Field Inspector (C.3, C.4, C.5) / GIS: Will Stewart, QSP #27556, CESSWI Mr. Will Stewart will support Section C.3, C.4 and C.5 activities providing QSP field inspector services. At S2S since 2018, Mr. Stewart’s experience includes supporting the City with MRP inspection services under the guidance of Ms. Laux. He assisted with the C.4 inspections which include waste management, grease management, wash water management, and discharges or stained grounds leading to drain inlets. In addition to municipal stormwater support, he assists the stormwater team as a QSP through field work and compliance support for construction project compliance across Northern California. He works closely with QSDs, to implement permit requirements, documentation, and reporting. Mr. Stewart produces high quality map packages with ArcMap GIS and works closely with project teams for accuracy to meet deliverable deadlines. Mr. Stewart is the S2S Equipment Manager with oversight from Mr. Sharwood and Ms. Laux. Experience on Similar Referenced Projects: Field inspector for City of Dublin, City of Newark City of Fremont, PG&E Stormwater Projects. Field Inspector (C.4, C.5) / GIS: Andrew Marasco, DI Mr. Andrew Marasco will support this project as a field inspector for C.4 and C.5 activities under the guidance and training of Ms. Laux. Mr. Marasco is a trained DI who performs stormwater inspections and sampling at various construction and utility sites throughout the Greater Bay Area – including electrical substations. Mr. Marasco provides GIS support to edit and create maps related to SWPPPs, erosion sediment control drawings, and biological surveys under the guidance of Ms. Ellington. Mr. Marasco also provides training to construction crews. Mr. Marasco has been with S2S since 2020. Experience on Similar Referenced Projects: Field inspector and GIS support for City of Dublin and PG&E Construction Stormwater projects. Field Inspector (C.4, C.5): Parker Smart, DI Mr. Parker Smart will support this project as a field inspector for C.4 and C.5 activities under the guidance and training of Ms. Laux. Mr. Smart performs stormwater inspections for residential construction and utilities construction project sites across Northern California and is a trained DI. Mr. Smart has been with S2S since 2020 and has gained valuable experience under the guidance of the S2S QSPs. He assists with document maintenance and record keeping as well as equipment calibration and servicing. Experience on Similar Referenced Projects: Field inspector for City of Fremont, and PG&E Construction Stormwater projects. II. REFERENCES II.1 City of Newark – Municipal Regional Stormwater NPDES Permit Inspections Description of Work: S2S is currently serving as the consultant for the City of Newark to support their MRP O&M Verification and Business Stormwater Inspections (Provisions C.3 and C.4), and to implement all Municipal 257 Separate Storm Sewer System (MS4) and NPDES permit requirements. S2S conducts C.4 business inspections at industrial and commercial facilities and C.3 O&M verification inspections for treatments measures and permanent and low impact development (LID) BMPs within the City of Newark. S2S inspectors document onsite activities/operations, determine the primary/secondary Standard Industrial Classification (SIC) code(s) as needed, identify deficiencies/corrective actions, complete inspection reports, provide educational materials to onsite contacts, and provide Facility Status Summary Reports. S2S staff communicate and coordinate with the facility representative when corrective actions are identified to resolve them. All inspections and potential enforcement actions are documented in S2S’ Master Excel tracker provided to the City of Newark in weekly reports. S2S provides an average of 130 inspections per year. S2S has experienced inspectors who are confident and familiar with the construction and industrial stormwater general permits and necessary BMPs to comply with applicable laws and regulations. S2S recently completed year one of the contract and was awarded an additional year to continue support services which were delayed due to COVID- 19. We also support MS4 Annual Reporting requirements for the City of Newark. II.2 City of Fremont Construction Stormwater Support S2S performs QSD/P tasks for the City of Fremont which has covered three City construction projects: Dusterberry Park, Northgate Park, & Large Group Picnic Area. S2S develops SWPPP documents and assists the City of Fremont with enrollment in the Storm Water Multiple Application and Report Tracking System (SMARTS) Database to ensure compliance with the State CGP. S2S provides SWPPP training to Construction Contractors to ensure all SWPPP permit compliance requirements are adhered to through the duration of work. Weekly and storm-based inspections and sampling tasks during rain events are performed by various S2S staff. S2S staff routinely inspect and verify that the applied BMPs are effective and ensure minimal discharge leaves the construction site. S2S staff have joined the City of Fremont and the Construction Contractors on the final site walks to ensure that there was no risk of sediment or other pollutants from leaving the project site after construction has ceased and the Notice of Termination (NOT) can be filed along with the annual report. S2S staff also prepare Long-Term Maintenance Plans for the City of Fremont POC to ensure that the projects remain in compliance with the long-term maintenance of the facility as required by the CGP. II.3 Gas Utilities Stormwater Construction General Permit Support S2S has supported the PG&E Gas Transmission workstream, which required the S2S QSD/Ps to work closely with the utility’s client PM on project descriptions and scopes of work to determine whether stormwater support/permitting was required to ensure compliance with the CGP. This work covered all of CA Regional Water Quality Control Board (RWQCB) Regions 2 & 3. S2S QSD/Ps reviewed engineering and construction drawings to determine soil disturbance area calculations and communicated frequently with the client on project needs. Should a SWPPP be required, the QSD gathered the most current drawings, scheduled site walks with the client, collected critical field data, and drafted SWPPPs for senior technical review. Name Michael Carmen, Assistant Engineer, City of Newark Public Works Department Address 37101 Newark Blvd, Newark, CA 94560 Phone 510-578-4320 Project Title Municipal Regional Stormwater NPDES Permit Inspections (C.3 & C.4) Firm Role Prime Consultant Value $50k Period of Performance 04/2019 - Present Name Mark Mennucci, Senior Landscape Architect, City of Fremont Address 3300 Capitol Ave., Bldg. B, Fremont, CA 94538 Phone 510-494-4530 Project Title Construction Stormwater Support Services Firm Role Prime Consultant Value $98k Period of Performance 2016 – Present 258 S2S has designed/implemented dozens of SWPPPs on this contract including those within sensitive environmental areas and high-profile locations on this contract (i.e., Environmentally Sensitive Habitat Areas within the Coastal Zone, watercourses, sensitive visual receptors, and environmentally aware community), and ensured no threats to water quality occurred. III. KEY STAFF MEMBERS All S2S staff will meet the time and budget requirements for this project. S2S has developed a thorough understanding of the various inspection tasks and requirements outlined in this RFP in the last 4-5 years of managing and completing the program. We have developed and implemented in-house training protocols for this work as well as receiving training annually from the City. We have identified various efficiencies in both time and budget which will continue to be utilized and refined if we are awarded this contract for another term. Our goal is to continue to develop a strong working relationship with the City and to continue to assist the City proactively and effectively with meeting or exceeding their compliance and permit mandates outlined under the MRP. Key and additional team staff roles, availability and existing weekly committed hours are shown in Exhibit 2. Exhibit 2. Key Staff Roles and Availability Staff Name Title Availability Existing Committed Hours / Week Elizabeth Frantz* Principal-In-Charge 25% 30 Miranda Hom * Project Manager & Primary Contract POC 40% 24 Kelsey Laux * Field POC & QSP Inspector / GIS Support 75% 10 Will Sharwood QSP Inspector 50% 20 Maya Ellington QSP Inspector and GIS Lead 75% 10 Will Stewart QSP Inspector & GIS Support 75% 10 Andrew Marasco DI & GIS Support 75% 10 Parker Smart DI 75% 10 *Key Personnel IV. APPROACH TO COMPLETING THE PROJECT IV.1 MRP Provision C.3 O&M Verification Inspections IV.1.1 5-Year and Annual Inspection Plans The City has requested assistance with developing the 5-year and annual work plans for C.3 O&M Verification Inspections due within the first quarter of the contract term (October 1st). The MRP Provision C.3 mandates that permittees conduct O&M verification to ensure stormwater treatment and hydromodification management measures remain in effective operating condition in perpetuity. The City has determined that an average of 20 percent, but no less than 15 percent of Regulated Projects (as defined by MRP Provision C.3.b.ii) shall be inspected per year, such that all Regulated Projects are inspected at least once every five years. It is assumed that the 5-year plan will cover fiscal years 2021-22, 2022-23, 2023-24, 2024-25, and 2025-26. Annual plans will be derived from exporting a subset of the attribute list associated with the 5-Year Plan Regulated Project List maintained in a S2S in-house ArcGIS database. This database contains more than four years of historical Name Tim Andrews, Water Quality Subject Matter Expert, PG&E Address 3401 Crow Canyon Road, San Ramon, CA 94583 Phone 925-328-5174 / 415-693-8212 Project Title Stormwater Construction General Permit Support – Gas Transmission Firm Role Subconsultant to Prime (S2S Lead for CA Regions 2 & 3) Value $1.6M Period of Performance 01/2018 – 08/2019 259 data. We will also use the City-provided Clean Water Program ArcGIS Online database to incorporate New Regulated Projects into the plan. This projects list will be sorted by fiscal year to provide a complete 5-Year Inspection Plan to ensure 100 percent inspection of Regulated Projects within five years. This submission in Year 1 will also include the draft annual plan at the beginning of the program. Subsequent Annual Plans for years 2, 3, 4, and 5 will require review of the data each year to incorporate New Regulated Projects, update priority ranking as needed and verify which Regulated Projects need to be included in the subsequent annual plans. Priority ranking is based on activities with potential for pollutant discharge, material exposure to stormwater or non-stormwater discharge, and history of violations (if applicable). Three levels of priority assignment are given: High, Medium, and Low. The priority level assigned to a project determines whether the project requires an inspection more than one year. High priority projects are typically listed more than one year. For C.3 O&M Verification Inspections, priority ranking supports scheduling efforts for inspections: high and medium priority sites are typically scheduled for early in the inspection process to ensure the project achieves compliance by the annual May 15 deadline whenever possible, or at a minimum within 30 days of the deadline, June 15. Both the 5-Year and Annual Plans will be reviewed and approved by the City prior to moving forward with inspections which will typically start in February of each year. IV.1.2 First Inspections & Re-Inspections of Stormwater Management Measures S2S has been inspecting Regulated Projects for the City for C.3 O&M verification for a number of years and is very familiar with the inspection and reporting process. The process, defined in the 5-Year and Annual Inspection Plans, requires significant field coordination and planning to efficiently group and schedule inspections. With the overall priority groups planned out, S2S will follow the inspection process which includes sending letters, making phone contact and coordinating schedules with the Project owner, conducting background research, completing field inspections, maintaining documentation, regularly reporting, and determining compliance actions, and re-inspection until corrective actions are implemented. A summary of the complete inspection process including initial inspection and re-inspection tasks is shown in Exhibit 3. S2S leverages our knowledge of the process to build in efficiencies such as use of a script during phone interview and inspection scheduling with owners to ensure consistent and accurate collection of information by S2S inspectors. We also provide joint City and S2S business cards to our inspectors to give out as needed during inspections which provide City contact information and the S2S inspector name. Use of photologs, in implementation of automated photologs with Wildnote® will help us to continue reduction in the number of second re-inspections required. During the course of initial inspections, some Regulated Projects may be identified that have corrective actions required to ensure proper maintenance and function of the treatment measures onsite, triggering a re-inspection. These corrective actions will be identified on Wildnote® Corrective Action Photologs. Historically we have emailed these photologs to the site representatives so that they are fully aware of the changes that need to be made to ensure compliance is achieved. We have received positive feedback from site representatives that corrective action photologs provide clear concise directions that they can follow. Part of the process of re-inspection involves email notification to the City weekly a “re-inspection spreadsheet” listing all site locations that require re-inspection (within 3 business days of the week following the inspection). S2S In-House ArcGIS Database Supports Efficient Planning More than four years of MRP compliance data for projects and facilities in the City. Comprehensive attributes include: ◼Address ◼Number of treatment measures and locations ◼Site Contact ◼Date of Last Inspection (if known) ◼Any known information for past issues in prior inspections ◼Priority Assignment for the Facility Data, including georeferenced photos, collected using Wildnote® can automatically be imported into the S2S in-house database. 260 S2S has been maintaining this spreadsheet and is well versed in the re -inspection process and notification procedures. It is understood that the City will inform whether they prefer to conduct the re-inspection or if S2S should follow through with the re-inspection. Historically, S2S has performed the re-inspection, but there have been special cases where the City preferred to intervene. Re-inspections need to occur within 30 business days of the previous inspection as indicated in the City’s Emergency Response Plan (ERP). During the re-inspection, the S2S inspector will compare the original SSBIR form to current status of the site to indicate if appropriate measures have been taken to remedy the noted deficiencies in the treatment measures. A new SSBIR form will be filled out. Photographs will be collected with Theodolite® and included in both Avenza Maps® (to update the original file) and Wildnote® (to create an updated photolog). The photos will be used to show the City that the deficiencies have been addressed and the site inspection is complete. This data will be submitted to the City with the scheduled weekly report. In some cases, it may be determined that a second re-inspection is warranted because the corrective actions have not been addressed appropriately and there are serious deficiencies or because there are new or additional issues/deficiencies to report. If this occurs, S2S will notify the City immediately and work with the City staff to determine what actions should be taken. Second re-inspections will be conducted only if requested by the City and a new corrective action photolog will be sent to the site representative. IV.2 MRP Provision C.4 Business Inspections IV.2.1 5-Year and Annual Inspection Plans The City has also requested assistance with developing the 5-year and annual work plans for C.4 Business Inspections due within the first quarter of the contract term (October 1st). The MRP Provision C.4 requires Exhibit 3. MRP Provision C.3 Inspection & Re-Inspection Process 261 permittees to conduct inspections at all industrial and commercial facilities (facilities) that coul d reasonably be considered to cause or contribute to stormwater pollution if proper BMPs are not implemented. Within the City, there are very few industrial businesses. Restaurants, grocery stores, and auto body shops make up the largest number of businesses with the biggest potential to impact water quality. The City expects that approximately 120- 150 first inspections will need to be conducted on a yearly basis. Out of these, it is expected that approximately 10- 15 percent will require a re-inspection and approximately 5 percent will require a second re-inspection. It is assumed that the 5-year plan will cover fiscal years 2021-22, 2022-23, 2023-24, 2024-25, and 2025-26. Annual plans will be derived by exporting a subset of the attribute list associated with the 5-Year Plan Facility Site List maintained in a S2S in-house ArcGIS database, the City’s inspection database, and the City’s most recent Annual Report to the Regional Water Quality Control Board. S2S’ in-house database contains more than four years of historical data for the City’s C.4 facilities. Data includes detailed facility information including C.4 specific information: type of business, SIC code, IGP NOI needed or not (verified in SMARTS), information from previous inspections, any known issues, and priority assignment. The facilities site list will be sorted by fiscal year to provide a complete 5-Year Inspection Plan to ensure C.4 planned activities meet requirements of the MRP, including industrial requirements. The Annual Work Plan for C.4 is required to be submitted to the City by September 1 of each year. The Annual Plan process will include verifying the business list provided by the City is up to date, with the latest site contact information. Subsequent Annual plans for years 2, 3, 4, and 5 will require review of the data each year to incorporate new facilities (provided by the City by August 1), update priority ranking as needed, verify which facilities need to be included in the subsequent annual plans, and if the facilities require filing under the Industrial General Permit (IGP) – verified through SMARTS). While, based on our experience, we expect this event would be unlikely, S2S does have a QISP qualified to conduct the complete facility evaluation if a facility cannot be verified through SMARTS to determine whether it is subject to the CA industrial permit. The QISP would conduct a visit to the facility and interview the site contact to document facility operations and activities including any industrial activities. The QISP will conduct the evaluation of the facility activities and determine the facility SIC code(s) and potential CA industrial permit applicability. This information would be documented in a Facility Status Report which will include the primary, secondary and supporting SIC code(s) for each facility and whether the facility has Industrial general permit coverage, filed for Notice of Intent, Notice of Non-Applicability or Notice of Non-Exposure Certification. We assume that any evaluation would occur following the City’s August 1 delivery of the new business list and prior to finalization and submission of the Annual Work Plan due September 1 annually. S2S Proposed Innovations for this RFP ◼IPAD with GPS Unit: S2S staff use an ipad with Bluetooth GPS unit during all inspections. ◼Avenza Maps®: app-based mapping program to collect GIS information for each stormwater management measure especially if specific locations are not in the City’s database. This allows S2S to send updated kmz/kml files to the City so that they may update their AGOL platform. S2S has been using this app successfully for other clients for the past year. Data collection will be more efficient and streamlined. ◼Theodolite® app: App used to collect photos and include date/time stamp (a multi-function viewfinder that combines a compass, two-axis inclinometer, rangefinder, GPS, map, nav calculator, and geo-overlay photo camera into one app). ◼Wildnote®: Photologs will be created with Wildnote® (Wildnote Inc.©), a feature-rich, cloud-based software, customizable platform designed for the environmental services community to streamline the process of field data collection, project management, and reporting. This replaces the historic practice of creating a Word document photolog upon return to the office. The use of iPads, GPS units, Avenza Maps®, Theodolite®, and Wildnote® are equipment and applications that S2S uses as part normal business practices and are not an additional or unique added cost to this proposal. The use of these items has shown on similar projects to improve project management, inspection documentation, photo documentation, and reporting efficiencies. 262 Priority ranking in the Annual Work Plan is based on review of historical information and relative level of risk associated with potential threat for discharge. Priority Assignment is High, Medium, and Low. High priority facilities will be inspected every year and include NOI facilities (i.e., coverage under the IGP), businesses that have had an illicit discharge the prior year and the City’s corporate yard. Generally, high priority is assigned when potential for pollution in stormwater runoff is high and there is a greater threat to water quality, pollutants of concern may be present, proximity to a waterbody, and potential actual discharge history of the facilit. Medium Priority is assigned when any business not on the list has had an illicit discharge the previous year. Medium Priority facilities are inspected every three years. The remaining businesses are given a low priority because threat to discharge is lower, they have not exhibited a history of illicit discharge, and will be scheduled for inspection once every five years. The priority ranking may change through time for businesses and is assessed each year to ensure proper ranking is retained. New businesses may be added and closed businesses may be removed. For C.4 Business Inspections, priority ranking supports scheduling efforts for inspections: high and medium priority sites are typically scheduled for early in the inspection process to ensure the project achieves compliance by the annual June 15 deadline whenever possible. Both the 5-Year and Annual Work Plans will be reviewed and approved by the City prior to moving forward with inspections which will typically start in March of each year. IV.2.2 First Inspections & Re-Inspections S2S has been inspecting businesses for the City for MRP Provision C.4 since 2016 and is very familiar with the inspection and reporting process. The process, defined in the 5- Year and Annual Inspection Plans, requires significant field coordination and planning to efficiently group and schedule inspections. With the overall priority groups planned out, S2S will follow the inspection process which includes sending letters, making phone contact, and coordinating schedules with the site contact, conducting background research, completing field inspections, maintaining documentation, regularly reporting, and determining compliance actions, and re- inspection until corrective actions are implemented. A summary of the complete inspection process including initial inspection and re-inspection tasks is shown in Exhibit 4. As noted with the C.3 O&M Verification Inspections, S2S staff would utilize the same equipment for C.4 Business Inspections (iPads with GPS units and collect data with Avenza Maps®, Theodolite®, and Wildnote®) to achieve the same efficiencies with photologs and data/document management and provide consistent work products. Some facilities will be identified that have corrective actions triggering a re-inspection. Email notification will be sent to the City weekly with a “re-inspection spreadsheet” listing all facilities that require re-inspection (within 3 business days of the week following the inspection). S2S maintains this spreadsheet and is well versed in the re- inspection process and notification procedures for C.4. Business Inspections. The City will inform whether they prefer to conduct the re-inspection or if S2S should follow through with the re -inspection. Historically, S2S has performed the re-inspection, but there have been special cases where the City preferred to intervene for high risk repeat offenders. Re-inspections need to occur within 10 business days of the previous inspection as indicated in the City’s ERP unless rain is imminent. S2S routinely monitors NOAA for weather forecasts in the Dublin area and uses these reports to assist with determining when corrective actions need to be achieved. COVID-19 Safety ◼S2S staff routinely fill out S2S COVID-19 health checks prior to any site visits. ◼S2S follows all safety guidance provided by Federal, State, County, and local agencies to ensure safety of themselves as well as safety for the site representatives and the public. ◼S2S Management requires wearing a mask at all times and social distancing whenever possible. ✓During the early stages of COVID-19 we were able to collaboratively [with the City] come up with a solution of emailing forms to site representatives in lieu of wet signatures (to reduce in-person contact). ✓S2S received good feedback from the site representatives who appreciated this change to the process during these stressful times). ◼S2S staff maintain professional and respectful behaviors even during difficult interactions with a wide variety of site representatives. 263 During the re-inspection, a new SSFIR form will be filled out to document whether appropriate corrections/changes have been made. Photographs of previous issue areas will be collected with Theodolite® and included in both Avenza Maps® to update the original file and Wildnote® to create an updated photolog. The photos will be used to provide evidence to the City that the deficiencies have been addressed and the facility is in compliance. Verification from the City is necessary to show the business inspection is complete. This data will be submitted to the City with the scheduled weekly report, delivered via secure HostedFTP. In some cases, it may be determined that a second re-inspection is warranted because the corrective actions have not been addressed appropriately and there are serious deficiencies or because there are new or additional issues/deficiencies to report. If this occurs, S2S will notify the City immediately and work with the City staff to determine what actions should be taken. Second re-inspections will be conducted only if requested by the City and a new corrective action photolog will be sent to the site representative. IV.3 C.3 and C.4 Post Inspection Reporting and Deliverables S2S has been providing weekly/monthly reporting since 2016 for facilities associated with the C.3 & C.4 inspections. S2S maintains an Excel spreadsheet tracker (for the current inspection year as well as for past inspection years) including the name of the S2S inspector by facility, facility name, address, phone number, business type, SIC code, inspection complete date, follow up inspection status, special facility notes provided by the City and S2S staff notes. Special notes typically include comments for new or closed status, critical items reported by S2S inspector Exhibit 4. MRP Provision C.4 Inspection & Re-Inspection Process 264 (such as previous violations or issues), whether there are shared/common areas between facilities (i.e., facilities should be inspected on the same day), or if the facility has both C.3 and C.4 measures (will inspect same day). The Excel spreadsheet tracker (Exhibit 5) is color coded to identify which businesses have been inspected, are closed, are still outstanding, and which have corrective actions (i.e., require a re-inspection). S2S submits the weekly electronic reports (email summary with bullet highlights, Excel spreadsheet, and e-copies of the inspection report with photographs for corrective actions) to the City by the 3rd day of the following business week. S2S calls out items of concern that require assistance from the City in the weekly email. S2S routinely checks in with the City when there are unique issues or when it appears that a facility has not or will not respond to corrective actions in a timely manner and whenever a business representative is not available for the inspection. S2S maintains complete original hardcopy records/photo documentation for corrective actions. We submit hardcopies to the City regularly by the 20th each month (i.e., August due September 20th). S2S also provides an updated spreadsheet tracker each month by the 15th to the City to assist with tracking of changes to the business list (new/closed business or other items/issues). IV.4 Illicit Discharge and Spill Response Assistance The City’s Environmental Services Division (ESD) in the Public Works Department has responsibility for illicit discharge and spill response, investigation, cleanup, follow-up, and record keeping for any illicit discharges and spills reported within their jurisdiction. At times, these illicit discharges and spills may occur after hours, on weekends, or during holidays. ESD has determined a need for utilizing a Contractor to assist with spill response efforts for the City and will use a Contractor to be the first responder, as needed, during these off hours for the City. S2S has supported the ESD for these illicit discharge and spill response investigations since 2016. S2S staff participated in a Hands-On Spill Response training provided by the City in October 2018 (discussed potential of spills entering waterway and how to deploy spill response materials in a creek, including booms. All S2S staff proposed for this work have all had experience inspecting and reporting spills; S2S staff are well versed in proper spill response documentation, reporting methods and requirements. S2S will ensure that all S2S on-call emergency response staff are properly qualified and have received S2S in-house training pertaining to the City’s most recent version of the Spill and Discharge Response Plan (SDRP). Additionally, all S2S staff are fully trained in safety protocols and injury and illness prevention and S2S is an approved vendor with an A grade in the safety platform ISNetworld. S2S maintains a 24-hour, 365 days as year emergency on-call service telephone number. Calls received are automatically forwarded to the S2S on-call emergency response management team who will ensure that the proper on-call staff are assigned to respond to the emergency request. Typical emergency on-call response by S2S includes locating the caller/responsible party, ask questions pertaining to the spill, conduct investigation (preliminary information provided by the City), determine if a spill is hazardous or non-hazardous, assist with spill containment as needed to ensure the spill does not enter a drainage or to stop the active discharge if observed (active or on-going spills may require assistance from the City’s on call support service provider [MCE] or the Dublin San Ramon Services District), take photographs of the spill as well drainages in the Exhibit 5. Example of C.4 Business Inspection Excel Spreadsheet Tracker Assigned Inspector Facility Street Name Phone Number Type of Business SIC Code Inspection Completion Date Follow-up Inspection Needed? City of Dublin Notes S2S Notes Maya Twins Autobody 6415 Golden Gate Dr. (925) 391- 8889 Automotive 7538 7/31/2020 No Fine particle trackout in 2019. Provided copy of manifest W. Sharwood Quality Tune Up 6053 Dougherty Rd. (925) 803- 9209 Automotive 7538 7/27/2020 N/A BUSINESS CLOSED - BLDG FOR SALE Kelsey Petsmart 2860 Dublin Blvd. (925) 241- 2960 Other 5999 7/27/2020 No NEW Inspection 7/27 btwn 12-5pm with store manager 265 affected area utilizing the Theodolite® and Wildnote®, ensuring proper notes are collected (type/quantity of spill, locations affected, parties onsite, actions taken, and timeline of events), and document all information in the City’s Urban Runoff and Incident Response Form (a fillable pdf document). S2S may be the first to respond/arrive at a spill and will need to notify First Responders and the City in parallel to immediately resolve any unsafe/hazardous situations. S2S staff will consult with City staff regarding how to proceed with responses and ensure compliance with the City’s SDRP. S2S staff will take all necessary safety precautions including using Personal Protective Equipment (PPE) and necessary field equipment are on hand during a spill response (i.e., camera, field forms or GIS data, and samples may be required for collection and analysis by a State Certified lab). S2S would ensure that all responsible parties are informed that flushing spills down t he storm drain is unacceptable and that the only acceptable means of cleanup is plugging the drainage system downstream of the spill, flushing the spill to a point where it can be vacuumed, and transporting the material by a licensed hauler to an appropriate disposal facility. Lastly, S2S understands that if rain is imminent that cleanup of the spill is required prior to the rain event and will inform the parties involved as such. IV.5 Project Management and Quality Assurance and Quality Control Miranda Hom is supported by our leadership and program operations team in our San Ramon headquarters with the infrastructure to provide QA/QC, safety, accounting, and resource tools necessary to successfully deliver this project for the City on time and within budget. Notably, S2S employs Deltek Vantagepoint© tools to provide our project teams with a centralized system for PM tasks including timekeeping, cross-project resource management, and real- time budget tracking and project reporting. Our financial management system directly connects with Vantagepoint© to provide PMs with a streamlined suite of tools to support more efficient and accurate reporting, budgeting, time/expense tracking, and resource management for our projects. V. PROJECT SCHEDULE S2S understands the anticipated term of the agreement is expected to be five fiscal years (e.g., Year 1 is July 2021 – June 2022), and covers fiscal years 2021-22, 2022-23, 2023-24, 2024-25, and 2025-26. S2S has developed a conservative schedule to ensure the timely completion of all C.3 and C.4 inspections (Exhibit 6). S2S will utilize up to four QSP Inspectors for C.3 inspections and 2 Designated Inspectors (DIs) to complete all C.4 inspections (under the direction of the primary QSP Inspector). All Designated Inspectors will receive on-the-job training from the primary QSP Inspector. Sites that have both C.3 and C.4 inspection requirements will be inspected by the assigned QSP Inspector on the same day and co-located businesses will be inspected on the same day by the same inspector whenever possible to maximize time in the field. Exhibit 6. C.3 and C.4 Annual Project Milestone Schedule DATE C.3 SCHEDULE MILESTONE DATE C.4 SCHEDULE MILESTONE July 1 Contract Start (July 1, 2021) July 1 Contract Start (July 1, 2021) August Work on 5-Year Inspection Plan August 1 City New Business List Provided Sept. 15 5-Year Inspection Plan Due (1st Quarter) September 1 5-Year Plan Due/Year 1 Annual Plan Due (1st Quarter) October 1 Year 1 Annual Plan Due January Internal Planning and Training January Internal Planning and Training February 8 Send Letter to Business February 1 Send Letter to Regulated Projects February 22 Start Calling Site Representatives February 15 Start Calling Site Representatives March 1 Start 1st Inspections February 22 Start 1st Inspections April Conduct Inspections (2 DIs, 4/day x 3 days/week min.) March Conduct Inspections May 21 Goal - Complete All 1st Inspections April 8 Goal - Complete All 1st Inspections June 15 Deadline - All 1st Inspections Completed May 15 Deadline - All 1st Inspections Completed June 25 All Re-Inspections Completed June 15 All Re-Inspections Completed 266 VI.FEE SCHEDULE 267