HomeMy WebLinkAboutActerra - Contract 3/7/2014 - 6/30/2015 4110
CONSULTING SERVICES AGREEMENT BETWEEN
THE TOWN OF LOS ALTOS HILLS AND ACTERRA
THIS AGREEMENT for consulting services is made by and between the Town of Los Altos Hills
("Town") and ACTERRA ("Consultant") (together referred to as the "Parties") as of/7a.c 7 , 2014
(the"Effective Date").
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant
shall provide to Town the services described in the Scope of Work attached as Exhibit A , and incorporated
herein, 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 b/30/iS, and Consultant 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 Consultant to complete the services
required by this Agreement shall not affect the Town's right to terminate the Agreement, as
referenced in Section 8.
1.2 Standard of Performance. Consultant shall perform all services required pursuant to this
Agreement according to the standards observed by a competent practitioner of the
profession in which Consultant is engaged.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform
services pursuant to this Agreement. In the event that Town, in its sole discretion, at any
time during the term of this Agreement,desires the reassignment of any such persons,
Consultant shall, immediately upon receiving notice from Town of such desire of Town,
reassign such person or persons.
1.4 Time. Consultant 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 Section 1.1 above and to satisfy Consultant's obligations hereunder.
1.5 Public Works Requirements. Because the services described in Exhibit A include"work
performed during the design and preconstruction phases of construction including, but not
limited to, inspection and land surveying work,'the services constitute a public works
within the definition of Section 1720(a)(1) of the California Labor Code. As a result,
Consultant is required to comply with the provisions of the Labor Code applicable to public
works, to the extent set forth in Exhibit C. Consultant shall waive, indemnify, hold
harmless, and defend Town concerning any liability arising out of Labor Code Section
1720 et seq.
Section 2. COMPENSATION. Town hereby agrees to pay Consultant a sum not to exceed
$49,960.00, notwithstanding any contrary indications that may be contained in Consultant's proposal, for
services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict
between this Agreement and Consultant's proposal, attached as Exhibit A, regarding the amount of
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compensation, the Agreement shall prevail. Town shall pay Consultant 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 Town to Consultant for services rendered pursuant to this Agreement. Consultant shall
submit all invoices to Town in the manner specified herein. Except as specifically authorized by Town in
writing, Consultant shall not bill Town for duplicate services performed by more than one person.
Consultant and Town acknowledge and agree that compensation paid by Town to Consultant under this
Agreement is based upon Consultant's estimated costs of providing the services required hereunder,
including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties
further agree that compensation hereunder is intended to include the costs of contributions to any pensions
and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. Town
therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Consultant 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. 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;
• At Town's option, for each work item in each task, a copy of the applicable time
entries or time sheets shall be submitted showing the name of the person doing
the work, the hours spent by each person, a brief description of the work, and
each reimbursable expense;
• The total number of hours of work performed under the Agreement by Consultant
and each employee, agent, and subcontractor of Consultant performing services
hereunder;
• The Consultant's signature;
• Consultant shall give separate notice to the Town when the total number of hours
worked by Consultant and any individual employee, agent, or subcontractor of
Consultant reaches or exceeds 800 hours within a 12-month period under this
Agreement and any other agreement between Consultant and Town. 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 Consultant and Town, if applicable.
2.2 Monthly Payment. Town shall make monthly payments, based on invoices received, for
services satisfactorily performed, and for authorized reimbursable costs incurred. Town
shall have 30 days from the receipt of an invoice that complies with all of the requirements
above to pay Consultant.
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2.3 Final Payment. Town shall pay the last 5%of the total sum due pursuant to this
Agreement within 60 days after completion of the services and submittal to Town of a final
invoice, if all services required have been satisfactorily performed.
2.4 Total Payment. Town shall pay for the services to be rendered by Consultant pursuant to
this Agreement. Town shall not pay any additional sum for any expense or cost
whatsoever incurred by Consultant in rendering services pursuant to this Agreement.
Town shall make no payment for any extra, further, or additional service pursuant to this
Agreement.
In no event shall Consultant 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 propedy
executed change order or amendment.
2.5 Hourly Fees. Fees for work performed by Consultant 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 included in the total amount of
compensation provided under this Agreement that shall not be exceeded.
2.7 Payment of Taxes. Consultant 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 Town or Consultant terminates this
Agreement pursuant to Section 8, the Town shall compensate the Consultant for all
outstanding costs and reimbursable expenses incurred for work satisfactorily completed as
of the date of written notice of termination. Consultant shall maintain adequate logs and
timesheets to verify costs incurred to that date.
2.9 Authorization to Perform Services. The Consultant 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.
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole
cost and expense, provide all facilities and equipment that may be necessary to perform the services
required by this Agreement.
Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement,
Consultant, 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 Consultant and its agents,
representatives,employees, and subcontractors. Consistent with the following provisions, Consultant shall
provide proof satisfactory to Town 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 to
the Town. Consultant shall maintain the insurance policies required by this section throughout the term of
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this Agreement. The cost of such insurance shall be included in the Consultants bid. Consultant shall not
allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance
required herein for the subcontractor(s) and provided evidence that such insurance is in effect to Town.
Vedfication of the required insurance shall be submitted and made part of this Agreement prior to
execution. Consultant shall maintain all required insurance listed herein for the duration of this Agreement.
4.1 Workers' Compensation. Consultant 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 Consultant. 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, Consultant may rely on a self-
insurance program to meet those 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 Labor Code shall be solely in the
discretion of the Contract Administrator. The insurer, if insurance is provided, or the
Consultant, if a program of self-insurance is provided, shall waive all rights of subrogation
against the Town and its officers, officials, employees, and volunteers for loss arising from
work performed under this Agreement.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain
commercial general and automobile liability insurance for the term of this
Agreement in an amount not less than$1,000,000 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 (most recent edition), 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 occurrence basis, and
not on a claims-made basis.
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b. Town, its officers,officials,employees, and volunteers are to be covered
as insureds as respects: liability arising out of work or operations
performed by or on behalf of the Consultant; or automobiles owned,
leased, hired, or borrowed by the Consultant
c. For any claims related to this Agreement or the work hereunder, the
Consultant's insurance covered shall be primary insurance as respects
the Town, its officers, officials, employees, and volunteers. Any insurance
or self-insurance maintained by the Town, its officers, officials, employees,
or volunteers shall be excess of the Consultant's insurance and shall not
contribute with it.
d. Each insurance policy required by this clause 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 Town.
4.3 Professional Liability Insurance.
4.3.1 General requirements. Consultant, at its own cost and expense, shall maintain
for the period covered by this Agreement professional liability insurance for
licensed professionals performing work pursuant to this Agreement in an amount
not less than $1,000,000 covering the licensed professionals'errors and
omissions, Any deductible or self-insured retention shall not exceed $150,000 per
claim.
4.3.2 Claims-made limitations. The following provisions shall apply if the professional
liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the
date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be
provided for at least five years after completion of the Agreement or the
work, so long as commercially available at reasonable rates.
c, If coverage is canceled or not renewed and it is not replaced with another
claims-made policy form with a retroactive date that precedes the date of
this Agreement, Consultant must purchase an extended period coverage
for a minimum of five years after completion of work under this
Agreement.
d. A copy of the claim reporting requirements must be submitted to the Town
for review prior to the commencement of any work under this Agreement.
4.4 All Policies Requirements.
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4.4.1 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.
4.4.2 Verification of coverage. Prior to beginning any work under this Agreement,
Consultant shall furnish Town with complete copies of all policies delivered to
Consultant by the insurer, including complete copies of all endorsements attached
to those policies. All copies of policies and endorsements shall show the signature
of a person authorized by that insurer to bind coverage on its behalf. If the Town
does not receive the required insurance documents prior to the Consultant
beginning work, it shall not waive the Consultant's obligation to provide them. The
Town reserves the right to require complete copies of all required insurance
policies at any time.
4.4.3 Deductibles and Self-Insured Retentions. Consultant shall disclose to and
obtain the written approval of Town 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 Town, either:the insurer shall reduce or eliminate
such deductibles or self-insured retentions as respects the Town, its officers,
employees, and volunteers; or the Consultant shall provide a financial guarantee
satisfactory to the Town guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
4.4.4 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).
4.4.5 Waiver of Subrogation. Consultant hereby agrees to waive subrogation which
any insurer or contractor may require from vendor by virtue of the payment of any
loss. Consultant agrees to obtain any endorsements that may be necessary to
affect this waiver of subrogation.
The Workers' Compensation policy shall be endorsed with a waiver of subrogation
in favor of the entity for all work performed by the consultant, its employees,
agents, and subcontractors.
4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its
policies or shall fumish separate certificates and endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein.
4.5 Remedies. In addition to any other remedies Town may have if Consultant fails to provide
or maintain any insurance policies or policy endorsements to the extent and within the time
herein required, Town may, at its sole option exercise any of the following remedies, which
are altematives to other remedies Town may have and are not the exclusive remedy for
Consultant's breach:
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• Obtain such insurance and deduct and retain the amount of the premiums for such
insurance from any sums due under the Agreement;
• Order Consultant to stop work under this Agreement or withhold any payment that
becomes due to Consultant hereunder, or both stop work and withhold any payment,
until Consultant demonstrates compliance with the requirements hereof; and/or
• Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES.
Consultant shall indemnify, defend with counsel acceptable to Town, and hold harmless Town 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 Consultant'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 Town.
The Consultant's obligation to defend and indemnify shall not be excused because of the Consultant's
inability to evaluate Liability or because the Consultant evaluates Liability and determines that the
Consultant is not liable to the claimant. The Consultant must respond within 30 days, to the tender of any
claim for defense and indemnity by the Town, unless this time has been extended by the Town. If the
Consultant 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 Consultant under and by virtue of this
Agreement as shall reasonably be considered necessary by the Town, may be retained by the Town until
disposition has been made of the claim or suit for damages,or until the Consultant accepts or rejects the
tender of defense, whichever occurs first.
With respect to third party claims against the Consultant, the Consultant waives any and all rights of any
type to express or implied indemnity against the Indemnitees.
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 consultant to
indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782.
In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services
under this Agreement is determined by a court of competent jurisdiction or the California Public Employees
Retirement System (PERS)to be eligible for enrollment in PERS as an employee of Town, Consultant shall
indemnify, defend, and hold harmless Town for the payment of any employee and/or employer
contributions for PERS benefits on behalf of Consultant 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 Town.
Section 6. STATUS OF CONSULTANT.
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6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall
be an independent contractor and shall not be an employee of Town. Town shall have the
right to control Consultant only insofar as the results of Consultant's services rendered
pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3;
however, otherwise Town shall not have the right to control the means by which
Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding
any other Town, state,or federal policy, rule, regulation, law, or ordinance to the contrary,
Consultant 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 Town,
including but not limited to eligibility to enroll in the California Public Employees Retirement
System (PERS) as an employee of Town and entitlement to any contribution to be paid by
Town for employer contributions and/or employee contributions for PERS benefits.
6.2 Consultant Not an Agent. Except as Town may specify in writing, Consultant shall have
no authority, express or implied, to act on behalf of Town in any capaTown whatsoever as
an agent. Consultant shall have no authority, express or implied, pursuant to this
Agreement to bind Town 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. Consultant and any subcontractors shall comply with
all laws applicable to the performance of the work hereunder.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity, Consultant and any subcontractors
shall comply with all applicable rules and regulations to which Town is bound by the terms
of such fiscal assistance program.
7.4 Licenses and Permits. Consultant represents and warrants to Town that Consultant 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. Consultant represents and warrants to Town that Consultant 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,
Consultant and any subcontractors shall obtain and maintain during the term of this
Agreement valid Business Licenses from Town.
7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate,on the
basis of a person's race, religion, color, national origin, age, physical or mental handicap or
disability, medical condition, marital status, sex, or sexual orientation, 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 Consultant under this
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Agreement. Consultant shall comply with all applicable federal, state, and local laws,
policies, rules, and requirements related to equal opportunity and nondiscrimination in
employment, contracting, and the provision of any services that are the subject of this
Agreement, including but not limited to the satisfaction of any positive obligations required
of Consultant thereby.
Consultant 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. Town may cancel this Agreement at any time and without cause upon
written notification to Consultant.
Consultant may cancel this Agreement upon 30 days' written notice to Town and shall
include in such notice the reasons for cancellation.
In the event of termination, Consultant shall be entitled to compensation for services
performed to the effective date of termination; Town, however, may condition payment of
such compensation upon Consultant delivering to Town any or all documents,
photographs, computer software, video and audio tapes, and other materials provided to
Consultant or prepared by or for Consultant or the Town in connection with this
Agreement.
8.2 Extension. Town 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. Consultant understands and
agrees that, if Town grants such an extension, Town shall have no obligation to provide
Consultant with compensation beyond the maximum amount provided for in this
Agreement. Similarly, unless authorized by the Contract Administrator, Town shall have
no obligation to reimburse Consultant 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. Town and Consultant recognize and agree that this
Agreement contemplates personal performance by Consultant and is based upon a
determination of Consultant's unique personal competence, experience, and specialized
personal knowledge. Moreover, a substantial inducement to Town for entering into this
Agreement was and is the professional reputation and competence of Consultant.
Consultant may not assign this Agreement or any interest therein without the prior written
approval of the Contract Administrator. Consultant 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.
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8.5 Survival. All obligations arising prior to the termination of this Agreement and all
provisions of this Agreement allocating liability between Town and Consultant shall survive
the termination of this Agreement.
8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms
of this Agreement, Town's remedies shall included, 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 Consultant pursuant to this Agreement;
8.6.3 Retain a different consultant to complete the work described in Exhibit A not
finished by Consultant; or
8.6.4 Charge Consultant 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
Town would have paid Consultant pursuant to Section 2 if Consultant had
completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant'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
Consultant prepares or obtains pursuant to this Agreement and that relate to the matters
covered hereunder shall be the property of the Town. Consultant hereby agrees to deliver
those documents to the Town upon termination of the Agreement. It is understood and
agreed that the documents and other materials, including but not limited to those described
above, prepared pursuant to this Agreement are prepared specifically for the Town and are
not necessarily suitable for any future or other use. Town and Consultant agree that, until
final approval by Town, 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 Consultant's Books and Records. Consultant 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 Town 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 Consultant to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this
Agreement requires Consultant 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 Town. 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
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subject to the examination and audit of the State Auditor, at the request of Town or as part
of any audit of the Town,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 Monterey 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.
10.6 Use of Recycled Products. Consultant shall prepare and submit all reports,written
studies and other printed material on recycled paper to the extent it is available at equal or
less cost than virgin paper.
10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within
the corporate limits of Town or whose business, regardless of location, would place
Consultant in a"conflict of interest," as that term is defined in the Political Reform Act,
codified at California Government Code Section 81000 et seq.
Consultant shall not employ any Town official in the work performed pursuant to this
Agreement. No officer or employee of Town shall have any financial interest in this
Agreement that would violate California Government Code Sections 1090 et seq.
Consultant hereby warrants that it is not now, nor has it been in the previous 12 months,
an employee, agent, appointee, or official of the Town. If Consultant was an employee,
agent, appointee, or official of the Town in the previous twelve months, Consultant
warrants that it did not participate in any manner in the forming of this Agreement.
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Consultant understands that, if this Agreement is made in violation of Government Code§
1090 et seq., the entire Agreement is void and Consultant will not be entitled to any
compensation for services performed pursuant to this Agreement, including reimbursement
of expenses, and Consultant will be required to reimburse the Town for any sums paid to
the Consultant. Consultant understands that, in addition to the foregoing, it may be subject
to criminal prosecution for a violation of Government Code§ 1090 and, if applicable, will
be disqualified from holding public office in the State of California.
10.8 Solicitation. Consultant agrees not to solicit business at any meeting,focus group, or
interview related to this Agreement, either orally or through any written materials.
10.9 Contract Administration. This Agreement shall be administered by Richard Chiu
("Contract Administrator"). All correspondence shall be directed to or through the Contract
Administrator or his or her designee.
10.10 Notices. Any written notice to Consultant shall be sent to:
Acterra
Attn: Alexandra Von Feldt
3921 East Bayshore Road
Palo Alto, CA 94303-4303
Any written notice to Town shall be sent to:
Town of Los Altos Hills
Attn: Richard Chiu
26379 Fremont Road
Los Altos Hills, CA 94022
10.11 Professional Seal. Where applicable in the determination of the contract administrator,
the first page of a technical report, first page of design specifications, and each page of
construction drawings shall be stamped/sealed and signed by the licensed professional
responsible for the report/design preparation. The stamp/seal shall be in a block entitled
"Seal and Signature of Registered Professional with report/design responsibility," as in the
following example.
Seal and Signature of Registered Professional with
report/design responsibility.
10.12 Integration. This Agreement, including the scope of work attached hereto and
incorporated herein as Exhibits A, B, and C represents the entire and integrated
agreement between Town and Consultant and supersedes all prior negotiations,
representations, or agreements, either written or oral.
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Exhibit A Scope of Services
Exhibit B Payment Schedule
Exhibit C Public Works Requirements
10.13 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.
Consulting Services Agreement between
Town of Los Altos Hills and Acterra Page 13 of 14
The Parties have executed this Agreement as of the Effective Date.
TOWN OF LOS ALTOS HILLS CONSULTANT
egir
Carl Cahill, City Manager Alexandra Von Feldt, Program 'ire .
Attest:��n
1
Deborah L.Padovan, City Clerk
Approved as to Form:
Steven T. Mattes, City Attorney
Consulting Services Agreement between
Town of Los Altos Hills and Acterra Page 14 of 14
'V V
The Parties have executed this Agreement as of the Effective Date.
TOWN OF LOS ALTOS HILLS CONSULTANT
Ca, � _ •
Cad Cahill, City Manager Alexandra Von Feldt, Program 1i—�A
Attest:
Deborah L.Padovan, City Clerk
Approved to Form:
Steven T. Mattas,City Attorney
Consulting Services Agreement between
Town of Los Altos Hills and Acterra Page 14 of 14
EXHIBIT A
SCOPE OF SERVICES
Consulting Services Agreement between
Town of Los Altos Hills and Acterra
Exhibit A Page 1 of 1
EXHIBIT B
COMPENSATION SCHEDULE
Consulting Services Agreement between
Town of Los Altos Hills and Acterra
Exhibit B Page 1 of 1
V V
Cost of Services
Following is the budget for the stewardship services and public outreach activities for Byrne,
Juan Prada and O'Keefe Preserves.
Amount broken down by
preserve
Juan Total
Byrne Prada O'Keefe
Expense Item Preserve Preserve Preserve Amount
High level assessments of sites and vegetation
management plan 5760 384 256 6400
Development of project work plan 810 54 36 900
Site prep, maintenance, cleanup 7875 875 0 8750
Volunteer outreach and coordination 4050 450 0 4500
Workday coordination and execution 13824 1536 0 15360
Develop and provide educational programs 3800 3800
Project management 4050 270 180 4500
Grant writing 2700 2700
Tools 2050 2050
Supplies 500 500
Plants 500 500
Total Amount $45,919 $3,569 $472
% Budget allocated by preserve 92% 7% 1%
12
fed
EXHIBIT C
PROVISIONS REQUIRED FOR PUBLIC WORKS CONTRACTS
PURSUANT TO CALIFORNIA LABOR CODE SECTION 1720 ET SEQ.
HOURS OF WORK:
A. In accordance with California Labor Code Section 1810, 8 hours of labor in performance of the
services described in Exhibit A shall constitute a legal days work under this contract.
B. In accordance with California Labor Code Section 1811, the time of service of any worker
employed in performance of the services described in Exhibit A is limited to eight hours during
any one calendar day, and forty hours during any one calendar week, except in accordance with
California Labor Code Section 1815, which provides that work in excess of eight hours during any
one calendar day and forty hours during any one calendar week is permitted upon compensation
for all hours worked in excess of eight hours during any one calendar day and forty hours during
any one calendar week at not less than one-and-one-half times the basic rate of pay.
C. The Consultant and its subcontractors shall forfeit as a penalty to the Town $25 for each worker
employed in the performance of the services described in Exhibit A for each calendar day during
which the worker is required or permitted to work more than 8 hours in any one calendar day,or
more than 40 hours in any one calendar week, in violation of the provisions of California Labor
Code Section 1810 and following.
WAGES:
A. In accordance with California Labor Code Section 1773.2, the Town has determined the general
prevailing wages in the locality in which the services described in Exhibit A are to be performed
for each craft or type of work needed to be as published by the State of California Department of
Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the
Town Public Works Office and shall be made available on request. The Consultant and
subcontractors engaged in the performance of the services described in Exhibit A shall pay no
less than these rates to all persons engaged in performance of the services described in Exhibit
A.
B. In accordance with Labor Code Section 1775, the Consultant and any subcontractors engaged in
performance of the services described in Exhibit A shall comply Labor Code Section 1775, which
establishes a penalty of up to $50 per day for each worker engaged in the performance of the
services described in Exhibit A that the Consultant or any subcontractor pays less than the
specified prevailing wage. The amount of such penalty shall be determined by the Labor
Commissioner and shall be based on consideration of the mistake, inadvertence, or neglect of
the Consultant or subcontractor in failing to pay the correct rate of prevailing wages, or the
previous record of the Consultant or subcontractor in meeting applicable prevailing wage
Consulting Services Agreement between
Town of Los Altos Hills and Acterra
Exhibit C Page 1 of 3
4110
obligations,or the willful failure by the Consultant or subcontractor to pay the correct rates of
prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rate of
prevailing wages is not excusable if the Consultant or subcontractor had knowledge of their
obligations under the California Labor Code. The Consultant or subcontractor shall pay the
difference between the prevailing wage rates and the amount paid to each worker for each
calendar day or portion thereof for which each worker was paid less than the prevailing wage
rate. If a subcontractor worker engaged in performance of the services described in Exhibit A is
not paid the general prevailing per diem wages by the subcontractor, the Consultant is not liable
for any penalties therefore unless the Consultant had knowledge of that failure or unless the
Consultant fails to comply with all of the following requirements:
1. The contract executed between the Consultant and the subcontractor for the
performance of part of the services described in Exhibit A shall include a copy of the
provisions of California Labor Code Sections 1771, 1775, 1776, 1777.5, 1813, and 1815.
2. The Consultant shall monitor payment of the specified general prevailing rate of per diem
wages by the subcontractor by periodic review of the subcontractors certified payroll
records.
3. Upon becoming aware of a subcontractor's failure to pay the specified prevailing rate of
wages,the Consultant shall diligently take corrective action to halt or rectify the failure,
including, but not limited to, retaining sufficient funds due the subcontractor for
performance of the services described in Exhibit A.
4. Prior to making final payment to the subcontractor, the Consultant shall obtain an
affidavit signed under penalty of perjury from the subcontractor that the subcontractor
has paid the specified general prevailing rate of per diem wages for employees engaged
in the performance of the services described in Exhibit A and any amounts due pursuant
to California Labor Code Section 1813.
C. In accordance with California Labor Code Section 1776,the Consultant and each subcontractor
engaged in performance of the services described in Exhibit A shall keep accurate payroll
records showing the name, address, social security number,work, straight time and overtime
hours worked each day and week, and the actual per diem wages paid to each journeyman,
apprentice, worker, or other employee employed in performance of the services described in
Exhibit A. Each payroll record shall contain or be verified by a written declaration that it is made
under penalty of perjury, stating both of the following:
1. The information contained in the payroll record is true and correct.
2. The employer has complied with the requirements of Sections 1771, 1811, and 1815 for
any work performed by the employer's employees on the public works project.
Consulting Services Agreement between
Town of Los Altos Hills and Acterra
Exhibit C Page 2 of 3
RESOLUTION 8-14
A RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF
LOS ALTOS HILLS AWARDING A CONTRACT FOR STEWARDSHIP
SERVICES AND PUBLIC OUTREACH ACTIVITIES FOR TOWN OWNED
OPEN SPACE PRESERVES TO ACTERRA
WHEREAS, the City Engineer of the Town of Los Altos Hills did, duly examine and consider
all bids submitted for stewardship services and public outreach activities for Town owned open
spaces in Los Altos Hills, California; and
WHEREAS, the City Engineer recommends that the contract for said project be awarded to
Acterra in an amount of$49,960.00;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the Town of Los Altos Hills
that:
1. The City Manager is hereby authorized and directed to execute a contract to the above-
named firm on behalf of the Town of Los Altos Hills.
The above and foregoing resolution was passed and adopted by the City Council of the Town of
Los Altos Hills at a regular meeting held on the 20th day of February, 2014 by the following
vote:
AYES: Radford, Corrigan, Harpootlian, Larsen, Waldeck
NOES: None
ABSTAIN: None
ABSENT: None
BY• `�
John Radford, Mayor
ATTEST:
-Deborah Padovan, City Clerk
Resolution 8-14 Page 1
V 11111
The payroll records required pursuant to California Labor Code Section 1776 shall be certified
and shall be available for inspection by the Owner and its authorized representatives, the
Division of Labor Standards Enforcement,the Division of Apprenticeship Standards of the
Department of Industrial Relations and shall otherwise be available for inspection in accordance
with California Labor Code Section 1776.
D. In accordance with California Labor Code Section 1777.5, the Consultant, on behalf of the
Consultant and any subcontractors engaged in performance of the services described in Exhibit
A, shall be responsible for ensuring compliance with California Labor Code Section 1777.5
governing employment and payment of apprentices on public works contracts.
E. In case it becomes necessary for the Consultant or any subcontractor engaged in performance
of the services described in Exhibit A to employ for the services described in Exhibit A any
person in a trade or occupation (except executive, supervisory, administrative, clerical, or other
non manual workers as such)for which no minimum wage rate has been determined by the
Director of the Department of Industrial Relations, the Contractor shall pay the minimum rate of
wages specified therein for the classification which most nearly corresponds to services
described in Exhibit A to be performed by that person. The minimum rate thus furnished shall be
applicable as a minimum for such trade or occupation from the time of the initial employment of
the person affected and during the continuance of such employment.
Consulting Services Agreement between
Town of Los Altos Hills and Acterra
Exhibit C Page 3 of 3
4110
Acterra tel 650952 9876
.Icr /L ef, r Pl,nvt fax 650.962.8234
3921 East Bays-;r-re ,,d vow:Acterra.oro
9-166 to s 941o3 4395 infogActerra org
Acterra
Richard Chiu
Director of Public Works
Town of Los Altos Hills
26379 Fremont Rd.
Los Altos Hills, CA 94022
Dear Mr. Chiu,
Acterra is pleased to submit this proposal for the stewardship services and public outreach
activities for the Town of Los Altos Hills owned open space preserves. Acterra is an
environmental non-profit organization based in Palo Alto, and our mission is to bring people
together to create local solutions for a healthy planet. We have over 40 years of experience
working with the community to improve our parks, open spaces and creeks.
We have partnerships with nearby preserves and parks in Palo Alto and Los Altos, and we
would be delighted to have a more formal relationship with the town of Los Altos Hills. Many
of our current volunteers are members of your community, and they would enjoy the
opportunity to work on a project site in their home town.
I can be your main point of contact for this proposal,and I have the authority from our Board of
Directors to enter into contracts with our partners. Please let me know if you have any
questions about our proposal or need further information.
Thank you,
Alexandra Von Feldt
Program Director,Acterra Stewardship
3921 East Bayshore Rd
Palo Alto, CA 94303-4303
alexv@acterra.org
(650) 962-9876 x315
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Experience and Qualifications
Acterra is a 501(c)3 non-profit organization and was formed in 2000 by the merger of two
established organizations:the Peninsula Conservation Center Foundation (founded in 1970)
and Bay Area Action (created in 1990). Acterra's mission is to bring people together to create
local and regional solutions for a healthy planet. Our geographic focus is on people and issues
in Santa Clara and San Mateo Counties.
We offer three major programs that collectively reach more than 7,000 individuals annually:
Stewardship (the focus of this proposal, to be detailed below);Green @ Home, which trains
volunteers to provide free home energy audits that help households reduce their carbon
footprints; and Business Environmental Awards, which recognizes Bay Area businesses and
organizations for outstanding environmental innovation and leadership.
Acterra's Stewardship Program harnesses the power of volunteers to maintain the ecological
health of local watersheds, parks and open spaces. We are experienced in managing local lands
using volunteers to help perform the work while receiving hands-on environmental education.
The following projects summarize our experience performing similar services to those that are
requested as part of this RFP.
Pearson-Arastradero Preserve
Acterra has been the Steward of this 622-acre preserve since 1996. We have mapped specific
invasive species throughout the preserve as well as developed and implemented strategies for
significantly reducing key species using limited resources. Our method of invasive removal is
typically mechanical;we use hoes, mattocks and other hand tools. We also employ the method
known as sheet mulching wherein we smother the weeds with cardboard and woodchips,
which slowly break down over time and allow native plants to re-establish. We do not use
chemicals in our work.
In addition to invasive weed management and removal, Acterra has re-vegetated areas of the
preserve with locally native plants propagated in our nursery located in Foothills Park in Palo
Alto. Reducing invasive species and introducing a diversity of locally native species correlates
with an increase in insect diversity, which is the basis of a healthy food web. In addition to
planting food for wildlife, we create habitat structures including bee blocks, bird boxes, bat
boxes, brush piles and vegetated corridors.
We have also conducted several different scientific experiments at the preserve to evaluate
various weed eradication and re-vegetation techniques. The results of these experiments
inform the work that we do at Arastradero Preserve,and can also apply to the Town of Los
Altos Hills Open Space Preserves in that the invasive species, conditions, and ecosystems are
very similar.
1
All of this work is done with the help of our volunteers. Last year at the Arastradero Preserve,
Acterra involved 2,300 volunteers totaling 5,890 hours of labor. We held 125 workdays and
educational events and installed 1,400 plants. All of our workdays have an educational
component to them, and we also provide interpretive hikes and youth- based orienteering and
geocaching activities.
At Arastradero we also go beyond one-touch educational experiences to provide more in-depth
education through our Junior Preserve Steward program, an after-school field science program
for high school students. The program serves 10 students each year and includes six weeks of
training followed by weekly activities in habitat management and field research as well as field
trips and leadership development opportunities. Junior Stewards each create their own adopt-
a-plots to rehabilitate, and then lead other youth in habitat restoration activities. Additionally,
we provide summer internships that give participating college and post-graduate students
opportunities to design and conduct their own research project under the guidance of our staff.
Redwood Grove
Acterra works with the City of Los Altos to improve the native habitat and ecological health of
Redwood Grove, a 6-acre public park that is bisected by Adobe Creek. Since our involvement
began in 2009,Acterra has worked with community volunteers to remove thousands of square
feet of Algerian Ivy, Himalayan Blackberry, Vinca Major, and Tree of Heaven and install locally
native plants from the Adobe Creek watershed as well as plants from the redwood plant
community.
Last year at Redwood Grove,Acterra worked with 443 volunteers on 37 workdays and
educational events and planted 1,420 native plants. Some highlights of our community-based
work include creating a natural willow structure to provide erosion control that was designed
by artist Daniel McCormick and built with volunteers. Last summer we also piloted a weekly
summer program, Grove Guardians,to engage a dozen local middle and high school age youth
in regular stewardship of the park. Students learned about the park's native and invasive flora
and fauna while helping Acterra staff with regular management duties including weeding,
composting, and watering. Additionally, we have worked with many community groups and
schools to create meaningful educational programs, such as a tree tour developed by a local
Girl Scout Troop as well as an adopt-a-plot under a Valley Oak tree.
Acterra was also successful in securing two grants from the Santa Clara Valley Water District to
augment our work at the park. We have been able to double the contribution that the City of
Los Altos provides us,thereby increasing the amount of work that we can accomplish.
Foothills Park
Last year,Acterra was awarded the Foothills Park Stewardship Contract by the City of Palo Alto.
Foothills Park is a 1,400-acre preserve just next to the Los Altos Hills border. The type of work is
very similar to that required in Byrne Preserve in that the focus is on the removal of key
invasive species in a strategic fashion, while the natives are allowed to repopulate on their own
whenever possible. There is a longstanding and effective Friends of Foothills group that has
2
been removing invasives in the park for many years now, and Acterra's role is to get more
volunteers out to the park to maintain and expand upon their progress.
In the first six months of our contract at Foothills Park,Acterra provided volunteer and
educational opportunities to 190 volunteers, half of them youth—leading to a significant
reduction in yellow starthistle and poison hemlock across more than 8 acres. This included a
series of visits from the Youth Community Service (YCS) Summer of Service Program, which
engaged incoming high students as well as middle schoolers in hands-on watershed education,
invasive weed removal, and water quality testing. Other groups served include East Palo Alto
Stanford Academy, local chapters of the National Charity League and Boy Scouts, Gunn High
School, and Foothill College.
Acterra recently submitted a grant application to the Santa Clara Valley Water District for this
park as well to expand the restoration activities along the two creeks that run through the park,
Los Trancos and Buckeye.
Peninsula Watershed Stewards
Acterra is the watershed steward for San Francisquito, Matadero, Baron,Adobe, Permanente
and Stevens Creeks. We have restoration sites along each of these creeks as well as Citizen
Science programming to monitor water quality. We have received grants from several
foundations and agencies to perform this work, and the experience we have in restoring these
creeks can all be leveraged within the riparian zones of the three Los Altos Hills open space
parcels. The map below shows Acterra's current restoration sites along each watershed.
Acterra Stewardship Restoration Sites
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Staff Biographies
The following staff will be involved with the project either on a regular basis or as technical
advisors. See below for details on each staff member's qualifications and experience.
Alex Von Feldt -Stewardship Program Director
Alex will oversee all aspects of project management and execution. Alex joined Acterra in 2010
after serving on the Board of Directors. She has years of experience in community organization
and local government.Alex fundraised for and helped execute a creek restoration project that
leveraged volunteers along with third party contractors. She is currently on the Town of Portola
Valley's Planning Commission and has participated in several conservation-related projects for
the Town.She has also worked with agencies in East Palo Alto on family and education
programs. Alex is an experienced project manager in the fields of business consulting and
software development. Alex has a degree in Industrial Engineering from Cal Poly, San Luis
Obispo.
Claire Elliott-Senior Ecologist
Claire will serve as a technical advisor to the project and will also guide educational efforts.
Claire has 25 years of experience working as an environmental scientist and educator for non-
profits,government agencies, and industry. Her teaching has included public outreach related
to watershed protection, and three years as an environmental educator at Hidden Villa, a non-
profit wilderness preserve and organic farm. Her educational background includes a Bachelor's
in Biology, graduate studies in limnology, and a Master's in Environmental Engineering and
Science from Stanford University.
Paul Heiple -Staff Botanist
Paul will assist in vegetation surveys, creating a restoration plan, recommending invasive plant
removal strategies, and native plant installation. Paul is a naturalist, interested in all aspects of
science in the natural world. He is currently the California Native Plant Society Santa Clara
Valley Chapter treasurer, Co-chair of the San Mateo County Weed Management Area, chair of
the Portola Valley Conservation Committee, head Friday weeder at Edgewood County Park and
an associate at Jasper Ridge were he works in the herbarium. Outside the world of plants, Paul
is a geologist by training. He worked for Getty Oil Company exploring for oil in the Williston
Basin of North Dakota.
Deanna Giuliano- Native Plant Nursery Manager
Deanna will assist in vegetation surveys, collect and grow out seeds from the project
watershed, and advise plant palette selection for the plant installation component of this
project. Prior to joining Acterra in 2006, Deanna worked for three years at the UCSC
Arboretums native garden doing propagation, wild seed collecting, curator duties, plant surveys
along with a map using GPS and GIS technology, and garden maintenance. Deanna also worked
for Central Coast Wilds for three years as their seed collections curator and assistant manager.
She managed rare plant surveys on Fort Ord and worked for the San Francisquito Watershed
Council for 2 years as a restoration specialist and seed curator. Deanna has an AS in
4
Horticulture from Cabrillo College and a BA in Environmental Studies combined with Biology
from the University of California Santa Cruz.
Talia Kirschner—Project Director
Talia currently co-manages stewardship and volunteer activities at Foothills Park and Redwood
Grove. She will be responsible for coordination and implementation of the vegetation
management plan, volunteer engagement and education, and progress tracking and reporting.
She has over a decade of experience working with nonprofits to promote sustainability, health
and equity. Before joining Acterra in Spring 2013,Talia worked for four years as development
manager at an environmental education center in the Golden Gate National Recreation Area.
She has also worked in the for-profit sector doing sustainable garden installation and
maintenance. She has a B.A.from the University of California, Davis.
Kristen Williams—Restoration Technician
Kristen will support vegetation management efforts as well as education and volunteer
engagement at the Preserves. Kristen joined the Acterra Stewardship team as a Climate Corps
Bay Area Fellow in 2013. While earning her degree in Geography/Environmental Studies from
UCLA Kristen interned in the nursery at the Los Angeles non-profit TreePeople and supported
the Public Orchard and Wildland Restoration programs.She also worked with the UCLA
Department of Geography to begin restoration of the last remaining plot of native vegetation
on campus. After graduation, Kristen focused her efforts in the horticulture field, interning in
the gardens at Filoli and then working as the nursery assistant at Flowers by the Sea on the
North Coast. She has volunteered with both Mendocino Coast Botanical Gardens and
Mendocino Land Trust.
Project Approach: Assessment and Vegetation Management Plan
Acterra will conduct a high-level preliminary assessment that allows us to develop a strategic
plan for vegetation management that we can implement immediately using volunteers. Our
plan will be based on an adaptive management approach so that we can enhance and expand
activities moving forward based on lessons learned during the pilot year as well as any shifting
climatic conditions and/or financial resources that become available for the project.
Our proposed approach to the assessment and creation of the vegetation management plan
includes the following steps for each Preserve (focusing approximately 90%of our efforts on
Byrne Preserve as the Town's top priority site):
1. Document the presence and approximate location of major plant habitats (e.g. riparian,
grassland, oak woodland, chaparral) and key native and non-native plant species.
2. Identify high priority zones for invasive plant removal. Target species will include those
determined by the Town to be high management priorities to target in the near-term
(e.g. for Byrne Preserve: purple starthistle, yellow starthistle, Fuller's teasel, and milk
thistle), as well as other invasive species we believe can be included and prioritized in
5
4.0
V
the management plan for the first year(e.g. for Byrne Preserve: broom species,
stinkwort, and poison hemlock).
3. Determine optimal management techniques for each species and zone, and appropriate
timeline for removal to prevent formation and dispersal of viable seeds.
4. Map priority zones and approximate distribution of target species within those zones
using Google Earth. This will help us to monitor and document our progress in invasive
plant reduction.
5. Establish fixed locations and times of year for periodic photomonitoring of progress.
6. Create a one-year work plan (in cooperation with the Town and the Ad Hoc Stewardship
Subcommittee) indicating by month and by preserve: invasive species to be targeted,
location, management activities, techniques to be implemented, projections for the
number of volunteers and work days necessary to complete the work, and
commensurate education and outreach activities.
Deliverables:
• Site Assessment for Byrne,Juan Prada and O'Keefe Preserves
• Vegetation Management Plan for Byrne,Juan Prada and O'Keefe Preserves
• Year One Work Plan
Project Approach: Implementation and Monitoring
After Acterra reviews the Site Assessment,Vegetation Management Plan, and Year One Work
Plan with the Town, we will begin to execute the plan. We will focus the majority of our efforts
(-90%) on Byrne Preserve. Our approach will center on mechanical methods and hand removal
as well as strategic mowing and sheet mulching. Though funds for plant installation are limited,
we also propose conducting 1-2 small-scale plant installation projects using watershed-specific
plants grown at our nursery, in areas where supplemental planting is needed for native plant
re-establishment and/or erosion prevention.
The main aspects of this phase are:
1. Volunteer outreach, recruitment, and logistical coordination of volunteer workdays to
initiate invasive plant control activities that integrate hands-on education. This will
build on our existing volunteer network and focus on local schools and civic groups that
operate close to the Preserves, such as Gunn High, Los Altos High, Homestead High,
Pinewood School, Foothill College,the Orchard Glen Chapter of the National Charity
League, local Boy Scout and Girl Scout troops, etc.
2. Begin implementation of the work plan including invasive weed removal activities,
volunteer work days, and educational events.
3. Continue work plan implementation, monitoring and progress reporting, and refine plan
as needed.
Project Staffing: In terms of personnel, the work plan will be carried out primarily by the
Project Director and Restoration Technician, guided by our Staff Botanist and Senior Ecologist,
6
and overseen by the Stewardship Program Director. The project will also engage hundreds of
student and community volunteers in invasive weed removal and management activities, as
described below.
Community Outreach:Acterra will manage all aspects of community engagement for this
project, including volunteer outreach, coordination, supervision and education. Acterra will
advertise workdays through our website, e-newsletter, and our online event registration
system, and will also reach out to local schools, corporate groups, and service organizations to
schedule group service days. Additionally, we will participate in community fairs, forums, and
events to encourage broader community participation.
Volunteer Workdays:Acterra will offer a minimum of 24 community workdays over the year
(approximately 2 per month)that serve more than 350 volunteers of all ages and total at least
1,000 hours of volunteer participation over the course of the year. Acterra will provide all the
tools, supplies and plants needed for a workday and will conduct safety training at the
beginning of each workday. Typically we schedule regular weekend workdays so that the
community can come to expect when they can volunteer,as well as some ad-hoc workdays
during the week to accommodate school groups and corporate groups. Workdays last three
hours and are usually scheduled in the mornings to avoid the heat of the day. Acterra will do all
the setup and cleanup for a workday and will work with the Town to coordinate any off-haul,
although our preference is to allow weeds to safely decay on site.
Acterra staff will provide additional assistance with plant maintenance or other tasks that aren't
appropriate for volunteers, such as removing invasives within poison oak or on steep slopes.
Public Education: Acterra will infuse all volunteer-supported activities with education. For
example, at the beginning of each volunteer workday, we will discuss some aspect of why
native plants provide better habitat value than non-native ones. During the workday,
volunteers will learn how to identify native and invasive plants,what wildlife rely on these
plants, what environmental threats are associated with the invasive plants they remove,and so
forth. We will typically provide a staff to volunteer ratio of 1:8 or better, allowing us to interact
more closely with volunteers, do quality control, and provide education that is responsive to
their interests. Beyond our work days, we will also offer the public a variety of other ways to
get involved and learn about the land, such as science-based classroom field trips, seasonal
interpretive hikes, geocaching, adopt-a-plot opportunities, and other community building
activities.
Progress Monitoring and Documentation: We will conduct periodic photomonitoring at fixed
locations over the contract term to document before/after conditions and monitor progress.
For each community work session that takes place, we will track the date, location, duration,
activities, number of volunteers involved, specific deliverables associated with each workday
(e.g. invasive species targeted, number of plants installed, etc.), and volunteer names, ages,
addresses, and organization/affiliation. This will allow us to assess whether we are apace with
project activity goals at any given point during the contract period, and will guide any
7
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adjustments that need to be made to our schedule. In terms of our internal systems for
monitoring projects,Acterra's Stewardship Program Director will meet at least monthly with
the Project Director to monitor progress and troubleshoot implementation challenges.
Externally, we will provide monthly progress reports to the Town of Los Altos Hills and the
Stewardship Subcommittee as well as more detailed annual progress reports to the Town in
accordance with the contract agreement, thereby keeping the Town informed of progress as
well as any pertinent implementation issues that arise.
Deliverables:
• At least 24 workdays
• At least 10 educational events
• At least 350 community volunteers
• At least 1000 volunteer hours
• Progress reports
• Photomonitoring
Timeline: We will complete the assessment and vegetation management plan within the first
quarter of the project. Volunteer activities are anticipated to begin prior to finalization of the
vegetation management plan and mapping process. The work plan will identify which invasive
species are targeted for removal at what time of year as well as when planting and other
activities should occur. All of our senior project staff has familiarity with Byrne Preserve,which
will allow us to direct and execute the assessment and planning stage with greater efficiency.
For example, our Native Plant Nursery Manager has a permit to collect seed from Byrne
Preserve and has done so for many years. The seed is then grown out at our native plant
nursery for use in restoration projects specific to the Adobe watershed. As such, we already
have working knowledge of plant distribution at this preserve.
Other Activities: Beyond the main project scope, Acterra will also pursue grant opportunities
that arise to augment our stewardship and educational work in the Park, as we have done for
other sites like Foothills Park and the Pearson-Arastradero Preserve.
Proposed Variances: The Scope of Services specifies that work at O'Keefe Preserve shall be
limited to providing guidance for scheduling mowing of the grassland by the Town to help
control yellow starthistle. While we will provide this guidance, we may want to consider
organizing 1-2 community workdays after mowing to do manual sweeps of the grassland area
to find and remove any re-sprouts. Applying this method over three years, we believe that a
very significant reduction in yellow starthistle can be achieved given the small acreage of this
Preserve. Another modification we propose is the addition of broom species, stinkwort, and
poison hemlock as high management priorities for the first year at Byrne Preserve, in addition
to the other four highest priority species identified by the Town (purple starthistle,yellow
starthistle, Fuller's teasel, and milk thistle).
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Sample Work Plans
Attached please find sample work plans for our projects at:
• Foothills Park (Palo Alto)
• Arastradero Preserve (Palo Alto)
• Redwood Grove (Los Altos)
Examples of Volunteer Projects and Educational Outreach
Acterra has a number of educational programs that we conduct at our sites and in classrooms
for a range of ages.
Program Site/Location Description
Junior Preserve Arastradero, Weekly after-school program for local high
Steward Program McClellan Ranch school students. Participants receive training
and education on habitat restoration
techniques, participate in preserve research
and/or manage their own restoration plot
Habitat Tracker Arastradero, Youth participate in geocaching activity using
Redwood Grove GPS units to guide them through the
park/preserve and answer questions about
the local ecology
Interpretive All Youth and adults tour the park, preserve or
Hikes/Field Trips creek with an Acterra staff person to learn
more about the relationship between plants
and animals as well as understand the
ecological services of our wild spaces
Internships Arastradero High School and College students participate
in a summer internship program where they
learn about restoration activities as well as
design and conduct a research study
School Meadows Palo Alto School Acterra works with elementary school kids to
District transform an area of the school to a native
garden or meadow. Kids participate in the
sheet mulching and planting while learning
about compost and insects.
Benthic Stevens and Acterra engages volunteers to conduct regular
Macroinvertebrate Permanente Creeks, bio-monitoring of aquatic insects in creeks to
Study Cupertino indicate water quality and overall stream
health. This study has been ongoing for over
three years and includes field sampling as well
9
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as lab work with volunteers to classify and
catalog insect samples.
Water Quality Stevens, Acterra works with volunteers to conduct
Monitoring Permanante, San regular water quality monitoring at fixed
Francisquito, locations on various creeks. Data on water
Matadero, Baron and chemistry is collected, such as temperature,
Adobe Creeks specific conductance, dissolved oxygen, pH
and turbidity
Classroom Visits Palo Alto, Mountain Acterra staff visits classrooms to talk on a
View, Cupertino variety of subjects related to local ecology
Grove Guardians Redwood Grove Regular weekly events during the summer
where youth can work at the park with our
steward to help monitor and maintain our
native plantings. Participants were asked to
complete a poster or other summary of their
experience. (See attached image for example)
Vierra... VoLUIrEERN1l
--- i , r 1. ,,iir.-r.A„a.`� '
4
��. AfAA„ MN.v usryn. 1e Lak.n,
'r..y�U.+h..w �� y NuJ un •AaE i ..n.114.,„.. f
N
�; '� l e...—I, ..442
\ iv ,
—I-.)n, 4 a ..h e. rMa t ' f•
1 f /
n� — ��—d ;� 1v
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10
Example Grants
Attached are two of Acterra's most recent grants:
• Foothills Park grant application to SCVWD
• J.Vance Huckins Fund of the Tides Foundation for our Watershed Program
References
Pearson—Arastradero Preserve
Lester Hendrie
Supervising Ranger
City of Palo Alto Open Space, Parks and Golf Division
Phone: 650-329-2423
Lester.Hendrie@CityofPaloAlto.org
Foothills Park
Kathleen Jones
Park Ranger
City of Palo Alto Open Space, Parks and Golf Division
Phone: 650-329-2423
Kathleen.Jones@CityofPa IoAlto.org
Redwood Grove
Damon Cockerham
Park Maintenance Supervisor
City of Los Altos
Phone: 650.947.2870
DCockerham@losaltosca.gov
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Cost of Services
Following is the budget for the stewardship services and public outreach activities for Byrne,
Juan Prada and O'Keefe Preserves.
Amount broken down by
preserve
Juan Total
Byrne Prada O'Keefe
Expense Item Preserve Preserve Preserve Amount
High level assessments of sites and vegetation
management plan 5760 384 256 6400
Development of project work plan 810 54 36 900
Site prep, maintenance, cleanup 7875 875 0 8750
Volunteer outreach and coordination 4050 450 0 4500
Workday coordination and execution 13824 1536 0 15360
Develop and provide educational programs 3800 3800
Project management 4050 270 180 4500
Grant writing 2700 2700
Tools 2050 2050
Supplies 500 500
Plants 500 500
Total Amount $45,919 $3,569 $472 $49_960
% Budget allocated by preserve 92% 7% 1%
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LOSALTOSHILLS
if11011
CALIFORNIA
•
March 12, 2014
Steve Mattas
Meyers, Nave, et al.
575 Market Street, Suite 2600
San Francisco, CA 94105
RE: Consulting Services Agreement with Acterra
Dear Steve:
Please find enclosed a copy of the Consulting Services Agreement between the Town and
Acterra for stewardship services and public outreach for Town owned open space
preserves. The "contract was approved by Council at the February 20th meeting. If
acceptable, please sign the signature page and return in the envelope provided.
Thank you.
Sincerely,
Deborah Padovan
City Clerk
Enclosures
26379 Fremont Road
Los Altos Hills
California 94022
650 / 941 -7222
Fax 650/941-3160