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HomeMy WebLinkAbout02/04/2003, C2 - WATER REUSE MASTER PLAN council °°°° j acEnaa RepoRt N c� CITY OF SAN LU I S O B 1 S P 0 FROM: John Moss,Utilities Directory Prepared By: Gary W. Henderson, Water Division Manager�-U4 SUBJECT: WATER REUSE MASTER PLAN CAO RECOMMENDATION 1. Approve contract with Dudek and Associates for the development of the Water Reuse Master Plan for an amount not to exceed$124,390. 2. Authorize the Mayor to award the contract, and appropriate $62,200 from the State Grant revenues and$62,200 from Water Fund Working Capital to fund this cost. DISCUSSION Background The City of San Luis Obispo has been pursuing development of the Water Reuse Project for many years. The plans and specifications for the Water Reuse Project are currently being finalized and project construction is expected to begin in early 2003. The current project will construct the necessary improvements at the Water Reclamation Facility and the distribution system needed to deliver water for uses in the southern part of the City. As part of the 2002 Water Resources Status Report discussions on June 11, 2002, the Council endorsed the concept of the development of a Water Reuse Master Plan to identify future logical extension of the water reuse distribution system. On September 3, 2002, the City Council adopted a resolution authorizing application for a grant from the State Water Resources Control Board for the development of a Water Reuse Master Plan (Master Plan). The Council also approved a request for proposals to provide consultant services relative to the development of the Master Plan. In late October of 2002, the City received notification from the State Board that the grant application has been approved. The grant will provide matching funds,up to $75,000, for the development of the Master Plan. The proposed master plan will identify the logical expansion of the reclaimed water distribution system to allow full utilization of the available water from the Water Reclamation Facility. The plan will develop a long-term (approximately 20 year) plan for incremental extension of pipelines and related facilities to potential sites throughout the City. Proposals for providing the consultant services for the Water Reuse Master Plan were received on December 5, 2002. Two proposals were received and the proposal from Dudek and Associates was ranked as the top proposal by staff. The scope of work identified in the proposal from Dudek included a number of items that staff deemed unnecessary and the scope of work has been appropriately modified, through discussions with the consultant, to provide only the required Council Agenda Report—Water Reuse Master Plan Page 2 information and analysis to complete the Master Plan. The detailed scope of work is shown in Exhibit A of Attachment 1. Completion of the Water Reuse Master Plan will provide the City a "blue print" for the logical expansion of the Water Reuse delivery system to fully utilize this available water resource. The plan will provide the information necessary to project funding levels required to incrementally expand the system over the next 10 to 20 years. FISCAL IMPACT The development of a Water Reuse Master Plan was not included in the 2001-03 Financial Plan, so while Council has endorsed this project, funding has not been appropriated to the project. The contract with Dudek and Associates is for an amount not to exceed $124,390. With the State Water Resources Control Board matching fund grant,the City's portion of funding required for the project is $62,200. There is sufficient Water Fund Working Capital to support the additional funding and still meet minimum reserve policy levels. Attachments: 1. Agreement with Dudek and Associates for the Water Reuse Master Plan AGREEMENT THIS AGREEMENT is made and entered into in the City of San Luis Obispo on this day of by and between the CITY OF SAN LUIS OBISPO, a municipal corporation,hereinafter referred to as City,and DUDEK AND ASSOCIATES,hereinafter referred to as Consultant. WITNESSETH: WHEREAS, on September 3, 2002, the City Council approved the request for proposals for the Water Reuse Master Plan per Specification No.90362;and WHEREAS,on December.5, 2002,City received proposals for consultant services for development of the Water Reuse MasterPlan per Specification No.90362;and WHEREAS, pursuant to said request, Consultant submitted a proposal that was accepted by City for said services. NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained,the parties hereto agree as follows: 1. TERM. The term of this Agreement shall be from the date this Agreement is made and entered,as first written above,until acceptance or completion of said services. Consultant shall complete the work as outlined in Exhibit A to this agreement within eight months from execution of the agreement. 2. CITY'S OBLIGATIONS. For providing services as specified in this Agreement,City will pay and Consultant shall receive therefor compensation in a total sum not to exceed$124,390. 3. CONSULTANT'S OBLIGATIONS. For and in consideration of the payments and agreements hereinbefore mentioned to be made and performed by City, Consultant agrees with City to provide services as set forth in Exhibit A attached hereto and incorporated into this Agreement. Consultant further agrees to the contract performance terms as set forth in Exhibit B attached hereto and incorporated into this Agreement. 4. AMENDMENTS. Any amendment, modification or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the City Administrative Officer of the City. 5. COMPLETE AGREEMENT. This written Agreement, including all writings specifically incorporated herein by reference, shall constitute the complete agreement between the parties hereto. No oral agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral agreement, understanding, or representation be binding upon the parties hereto. 6. NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail addressed as follows: City Pam King City of San Luis Obispo 995 Morro Street San Luis Obispo,CA 93401 Consultant Craig Murray. Dudek&Associates,Inc. 621 Chapala Street Santa Barbara,CA 93101 7. AUTHORITY TO EXECUTE AGREEMENT. Both City and Consultant do covenant that each individual executing this agreement on.behalf of each party is a person duly authorized and empowered to execute Agreements for such party. IN WITNESS WHEREOF,the parties hereto have caused this instrument to be executed the day and year first above written. ATTEST: CITY OF SAN LUIS OBISPO,A Municipal Corporation - — _ By:- Lee y:Lee Price,City Clerk David F.Romero,Mayor APPROVED AS TO FORM: DUDEK A1VD ASSOCIATES,INC. r Zn'� By: 4. A.'TrqjWo,-<c'ting'My Attorney AGREEMENT 77-77- MS Qit' THIS AGREEMENT is made and entered into in the City of San Luis Obispo on this day of by and between the CITY OF SAN LUIS OBISPO, a municipal corporation,hereinafter referred to as City,and DUDEK AND ASSOCIATES,hereinafter referred to as Consultant. WITNESSETH: WHEREAS, on September 3, 2002, the City Council approved the request for proposals for the Water Reuse Master Plan per Specification No.90362 and WHEREAS,on December 5, 2002, City received proposals for consultant services for development of the Water Reuse Master Plan per Specification No.90362;and WHEREAS, pursuant to said request, Consultant submitted a proposal that was accepted by City for said services. NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained,the parties hereto agree as follows: 1. TERM. The term of this Agreement shall be from the date this Agreement is made and entered,as fust written above,until acceptance or completion of said services. Consultant shall complete the work as outlined in Exhibit A to this agreement within eight months from execution of the agreement. 2. CITY'S OBLIGATIONS. For providing services as specified in this Agreement, City will pay and Consultant shall receive therefor compensation in a total sum not to exceed$124,390. 3. CONSULTANT'S OBLIGATIONS. For and in consideration of the payments and agreements hereinbefore mentioned to be made and performed by City, Consultant agrees with City to provide services as set forth in Exhibit A attached hereto and incorporated into this Agreement. Consultant further agrees to the contract performance terms as set forth in Exhibit B attached hereto and incorporated into this Agreement. 4. AMENDMENTS. Any amendment, modification or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the City Administrative Officer of the City. 5. COMPLETE AGREEMENT.. This written Agreement, including all writings specifically incorporated herein by reference, shall constitute the complete agreement between the parties hereto. No oral agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of Cars any force or effect, nor shall any such oral agreement, understanding, or representation be binding upon the parties hereto. 6. NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail addressed as follows: City Pam King City of San Luis Obispo 995 Morro Street San Luis Obispo,CA 93401 Consultant Craig Murray Dudek&Associates,Inc. 621 Chapala Street Santa Barbara,CA 93101 7. AUTHORITY TO EXECUTE AGREEMENT. Both City and Consultant do covenant that each individual executing this agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such party. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and.year first above written. ATTEST: CITY OF SAN LUIS OBISPO,A Municipal Corporation By: Lee Price,City Clerk David F.Romero,Mayor APPROVED AS TO FORM: DUDEK AND ASSOCIATES,INC. /53• X510 By. Gilbert A.Truk o,Acting City Attorney � �LP Exhibit A Exhibit A SCOPE OF WORK The Dudek team has developed a proposed scope of services intended to fully meet the City's objectives and criteria described in the RFP and communicated in the pre-proposal conference. Where appropriate, additional tasks and services are proposed to ensure conformance with OWR Water Recycling Funding Guidelines. We have attempted to provide.sufficient detail to give the City a black and white picture of our method of project execution. The project tasks presented in this section correspond to the itemized tasks in Dudek's proposed project schedule and hour estimate included as attachments to this proposal. Task 1 .0 Data Collection and Review Dudek will review available information provided by the City related to the City's existing and planned water recycling facilities and infrastructure. This will include as-built and construction plans as well as planning/design documentation for existing facilities and facilities for which construction is pending. Dudek will obtain available GIS information in shapefile format from the City's GIS department. Applicable information will include parcel_data, land use and zoning information, aerial photos, topographic information,roads and utility data,and other spatial or database information that may benefit the water reuse planning effort.. The City shall link historical water billing information to the GIS parcel database for all parcels within the City limits. Meter data for separate irrigation accounts shall also be provided by the City. Services under this task also include meetings or interviews with City engineering, utilities,public works and operations staff. We will also meet with Community Development Long Range Planning staff to obtain necessary planning documents and pertinent project insight. For budgeting purposes a total of two meetings are included. Task 2.0 Market Assessment / Demand Analysis Services under this task will be completed primarily by Water 3 Engineering (W3E) staff who are currently providing similar services and market assessments for agencies throughout California. Subtask 2.1 Prospective Recycled Water Uses A comprehensive list of potential recycled water use categories or types, applicable to the City of San Luis Obispo will be developed from Title 22 Water Recycling Criteria and our recent experience with other agencies throughout the State. Our focus will be on use types other than those previously given serious consideration. These may include alternative irrigation uses, non-landscape commercial and institutional uses,cooling and heating uses,and dual piping type uses,among others. This task will include a review of current, applicable regulatory requirements and limitations on recycled water use. We will formally contact RWQCB, State/County DHS and OWR to thoroughly evaluate the local regulatory climate and the agencies' proclivity to support various types of reuse within the City. ca r) Exhibit A EXHIBIT A. SCOPE OF WORK Page A-2 Geographic limitations will also be determined through agency contacts(e.&proximity to impaired water bodies or sensitive habitats). Subtask 2.2 Market Analysis Dudek and W3E will perform a parcel based analysis of potential recycled water use within the City using GIS techniques. We will obtain the GIS data in CD format as specified in the City's RFP. Existing water billing data, linked to the GIS parcel base will be used for spatial and temporal analysis of potable water use. One objective of this method of analysis is to identify facilities or sites with high water demands that may be effectively met with recycled water, but may not have been considered in previous studies. The GIS based analysis will also include thorough review of aerial images to identify and delineate irrigated acreage. A database of prospective recycled water users will be created for further analysis. The user information will be carefully considered under Tasks 3.0 and 5.0 to develop facilities and system alternatives that will maximize recycled water use potential. Members of the Dudek team will meet with prospective customers with potentially significant recycled water demands. Generally, we will focus on the larger customers whose potential demands exceed a determined and agreed upon threshold (i.e. a percentage of the 600 AFY distribution objective). At this stage of the project the intent of the meetings is to determine current usage patterns, projected needs for each of the next ten (10) years, and the level of interest in alternative sources of water. For purposes of developing both schedule and budget, is assumed that this effort will be limited to one meeting with a maximum of 8 customers. It is anticipated that the initial contact with the various potential customers will be via written correspondence with further follow up held through phone conversations and individual meetings. This may save the City substantial expense and time in pursuit of sites that possess a"fatal flaw". Task 3.0 Hydraulic Analysis This task includes the identification of pipeline alignments and other facilities necessary to convey recycled water between the City's water recycling facilities or constructed distribution infrastructure and the identified reclaimed water markets or specific areas of local demand identified under Task 2.0. Using GIS-based mapping and the topography of the project area, we will identify alternative pipeline alignments for several distribution scenarios. Each alternative will identify the pipeline facilities necessary for conveyance of recycled water from the treatment facility to the identified potential customers. In addition to the pipeline alignments, storage and pump station facilities will be identified that are necessary to transport the recycled water to the identified markets. Recycled water operational storage will be required for proper and economical operation of the distribution system. Pump stations may be required based on the topography of the project area and the location of user markets, however, we will fully explore the potential to provide elevated storage. Exhibit A EXHIBrr A. SCOPE OF WORK Page A3 Upon development of the various alternative alignments and.system configurations, preliminary maps of the proposed facilities will be prepared and submitted to the City for review and comment. Meetings will be held to discuss the alignment alternatives. Once consensus has been reach on the alternative distribution systems, hydraulic models of each system will be prepared. The developed models will be used to establish the pipeline sizing of the proposed pipelines. Required storage for the alternative reclaimed water systems will be computed based on the anticipated nature of the reclaimed water markets. The developed models will be used to verify the operational stability of each project alternative. If available, the City shall provide the existing KYPIPE model of the Phase 1 facilities. We propose to integrate the existing model into a dynamic GIS based modeling application proposed for use on this project. Demand distribution will be to be specific junction points (point loads)or to spatially defined areas based on land use or zoning. Demand curves will be assigned to each point based on anticipated use types and application restrictions(i.e.nighttime only vs.continuous use). The hydraulic model will be used to evaluate various system configurations and piping/storage combinations. The valve modeling and pump simulation features of the hydraulic model will be used to optimize system design. The objective will be to provide for maximum recycled water use at the lowest overall life cycle cost. A phased approach to system development, as discussed in the City's RFP, will be evaluated as part of the hydraulic analysis. A complete surge analysis is not proposed as part of the planning process at this time. Task 4.0 Cost and Funding Analyses Subtask 4.1 Alternative Project Cost Analyses Preliminary Opinions of Probable Project Costs for the various alternative recycled water distribution facilities will be prepared. These costs will be developed based on: recent similar projects that the Dudek team has been involved with, industry standard cost estimating manuals, and budgetary quotes from suppliers. The City's design standards will be carefully evaluated when developing appropriate unit cost values. Capital costs will be indexed to the Engineering News Record Construction Cost Index (ENR CCI) for the appropriate month that the information is completed (regional basis to be determined with City input). This will allow for projection of project costs that will be independent of the time that the projects are initiated. To address operation and maintenance costs associated with various pumping and storage scenarios,a life cycle costing method will be employed. Future costs will be analyzed in accordance with the requirements set forth in the OWR Water Recycling Funding Guidelines. A technical memorandum will provide the information developed during this subtask for submittal to the City for review and comment. Subtask 4.2 Funding Analysis Based on our understanding of the existing system and the City's in-place grant and SRF loan funding,it is presumed that the City has performed significant economic analysis for its recycled water system and -Cl Exhibit A EXHIBIT A. SCOPE OF WORK Page A-4 has developed financial and revenue models. For the purpose of this Water Reuse Master Plan a limited funding analysis is proposed. All of the elements of this subtask are proposed to be conducted in close coordination with City staff. There are a number of financing options that are available to the City for the funding of the construction the distribution system envisioned for this project. It is anticipated that more than one method of financing will be used for this project. This will involve identifying the various sources, the rules and restrictions on using the various sources and developing a plan for implementing the funding of the project(s). Potential methods for raising capital funding for the proposed recycling projects identified in the previous tasks will be studied,including at least the following: • State Water Resources Control Board grants WRLP Loan Program&State Revolving Fund Loans • US Bureau of Reclamation Title XVI grants and loans • Issuance of bonds including revenue bonds,certificates of participation,and pooled revenue bonds • Loans from commercial banks • WateReuse Loan Program • Other potential options identified by Dudek,Water 3 or City staff Finance option features will be described and the options then ranked in order of apparent suitability for City's project funding needs based on the following criteria: • Eligibility/applicability for the City's projects • Total cost to the City considering interest rate,term,origination and other special fees,etc. • Estimate of financial and other impacts on the City of any apparent negative features of the financing option such as creation of project design/construction delays; extraordinary technical/administrative requirements; and lender conditions which would increase O&M costs or reduce the long-term operational flexibility of the facilities. The best apparent financing option(s) will be identified and presented to City staff. Results of the evaluation and the description of the best apparent financing option will be documented in a technical memo transmitted to the City. This will include a list of steps necessary for the City to implement the recommended option(s). Task 5.0 Project Alternatives Analysis This objective of this task is to perform a qualitative, multi-criteria analysis of the identified project alternatives. Subtask 5.1 Alternatives Analysis Dudek will develop a set of matrices, or similar spreadsheet based planning tools, to effectively evaluate each identified alternative or combination of alternatives identified and developed under previous tasks. A numerical ranking and evaluation methodology will be used to take into account factors other than just overall project cost when selecting a recommended alternative. ca-�o Exhibit A EXMBIT A. SCOPE OF WORK Page Af Process inputs will include life cycle cost and economic viability, demand offset, environmental constraints, community impacts, visual impacts, constructibility, hydraulic feasibility, reliability and O&M requirements. A ranking system will be implemented to facilitate identification of the preferred project alternative. Weighting factors,developed in coordination with City staff,will be assigned to each review criteria in the evaluation process. With input from City staff, we will investigate local traffic patterns and circulation within the project areas to determine the most appropriate project alignments with the least traffic impact. Analyses will be focused on the developed portions of the alignment corridor, particularly within residential and commercial areas. Consideration of other environmental impacts associated with each alternative is discussed under the following subtask. Subtask 5.2 Environmental Impact Considerations When considering alternative pipe alignments and system configurations, the Dudek team will consider associated environmental impacts and anticipated permitting or mitigation costs. Dudek environmental staff will perform a preliminary environmental analysis that includes the following activities: A. Review existing environmental and planning data, including any recent EIRs in the vicinity of the project,existing environmental constraint data(such City General Plan Maps), aerial photos, and any other pertinent data. B. Generally identify sensitive environmental resources present along the alternative pipeline alignments, including sites for storage facilities and pumping stations. Specifically,a staff biologist will review the California Natural Diversity Data Base to identify sensitive species that are known to occur or may potentially occur within the distribution system alignments. C. Work with project engineering design staff to discuss the general nature and physical parameters of the proposed project, and the proposed alignments. Review conceptual engineering plans and distribution system design plans for the proposed project. D. Consider environmental constraints of concern (as identified in Tasks 'B" and "C" above), and evaluate the relative environmental impacts of the proposed alignments. E. For each alternative, provide summary environmental constraints conclusions for use by the design team,and for consideration by City staff. The findings will be used in a qualitative manner and incorporated into the overall project alternative selection process. Subtask 5.3 Recommended Alternative Selection Dudek will meet with the City and Office of Water Recycling(OWR) staff prior to submittal of the draft report to discuss the various pipeline/system configurations to evaluate which alternative should be selected as the preferred project. The decision of the preferred alignment(s) will take into account other factors besides just overall project costs, such as community impacts,visual impacts,traffic impacts,etc. Once the preferred alternative is agreed upon, it will be fully described in a technical memorandum and depicted in a detailed distribution system map. Additional design development will completed for the preferred system as necessary and incorporated into the Draft Master Plan Report(see Section 6.0). Exhibit A E=Brr A SCOPE OF WORK Page A 6 Task 6.0 Master Plan Report Dudek will produce a Draft Water Reuse Master Plan report to document the analyses, findings and recommendations described under the preceding tasks. Technical memoranda and interim submittals prepared as part of the previous subtasks will be compiled and incorporated into the summary report. The City's RFP does not clearly describe the report format or required content. We have presumed that the intent of this process is develop a document that meets the "Facilities Plan"level of analysis set forth in the Water Recycling Funding Guidelines. Accordingly, the report will contain additional information on local water supplies, area hydrology, wastewater treatment processes and produced water characteristics, and other key information. This information will be compiled from previously prepared reports and studies and through close coordination with City staff. The Draft Master Plan report will include maps and diagrams depicting the recommended and considered recycled water system alternatives, and their relation to existing and currently planned treatment and distribution facilities. Other maps will be prepared to show City and service area boundaries, local topography,groundwater basin boundaries and other appropriate features. An implementation plan will be incorporated into the Water Reuse Master Plan report that outlines the various steps that the City must complete to successfully implement the recycling program. The Implementation Plan will identify the necessary budgets, schedules and activities that must be undertaken for all of the various components of the project including but not limited to • Additional permitting that is required • Institutional arrangements with purveyors needed • Acquisition of the property and easements • Additional environmental review that may be required • Design of storage facilities • Design of distribution facilities • Design of retrofit facilities • Obtaining County Health Department approvals for individual site recycled water use • Construction activities • Start up activities Three (3)copies of the Draft Water Reuse Master Plan will be prepared and submitted to the City and to OWR for review and comment. A formal review meeting will be held to receive feedback and specific comments on the Draft Plan. Comments and questions will be fully addressed and incorporated into the document. Three (3)copies of the Final Water Reuse Master Plan will be prepared and submitted to the City and to OWI. Electronic copies of the report will also be provided in accordance with City requirements. Task 7.0 Environmental Assessment The Request for Proposal specifies that the consultant prepare "an initial environmental assessment for the project for City Review and Approval." Based upon subsequent discussions presented at the pre- proposal meeting held by the City, we propose to complete an environmental assessment of the project that will support the City's preparation of CEQA documentation for the Master Plan document. A Exhibit A EXHIBIT A. SCOPE OF WORK Page A-7 CEQA specialist will be responsible forthe completion of the assessment. Our initial assessment will be formatted in a manner that facilitates incorporation of the information into a standard CEQA Initial Study. Specific environmental assessment scope items include: A. Review any relevant existing studies or other useful background information. B. Review draft engineering plans and aerial maps of the selected alternative distribution system. C. Analyze potential environmental impacts associated with implementation of the selected alternative at a level appropriate for eventual inclusion within a City Initial Study. Local and/or state environmental thresholds will be utilized(as appropriate) to identify potential project environmental impacts. Mitigations will be identified as appropriate. Should the City desire,DUDEK can conduct a biological reconnaissance survey of the selected distribution system alignment. The task below is OPTIONAL but would be extremely valuable for planning and budgeting purposes and could be utilized during preparation of the CEQA environmental documentation by the City. Task 8.0 Project Management and Meetings Dudek will attend a project kick-off meeting with City of San Luis Obispo staff soon after receiving authorization to proceed. The purpose of this meeting is to establish open and direct lines of communication,and to exchange available project information. We will prepare and distribute a meeting agenda, with a list of questions and requested information, prior to the kick-off meeting. We will also prepare meeting minutes with follow-up action items for each party clearly identified. During the project period, Dudek will attend bi-monthly progress meetings with City staff and other involved parties. Meeting agendas and meeting minutes will be prepared and distributed. For budgetary purposes, it is assumed that there will be three project meetings in addition to those identified elsewhere in the scope of services. Dudek will attend one (1) San Luis Obispo City Council meeting to present the draft and/or final water reuse master plan documents. We will prepare all figures and graphics required for an effective presentation.This task will be completed in coordination with City staff. Project Deliverables The following items will be delivered to the City during the project period: Task Level Deliverables • Meeting agenda and minutes CA ri 3 Exhibit A EXHIBIT A: SCOPE OF WORK Page A4 • Weekly email project status reports • Monthly written project status reports • Technical Memoranda/Interim Submittals Draft Water Reuse Master Plan Submittal • Three(3)copies of Draft Water Reuse Master Plan • Electronic copies of same if requested Final Water Reuse Master Plan Submittal • Three(3)copies of Final Water Reuse MasterPlan • Electronic copies of same in required formats • PDF file of entire Final Water Reuse Master Plan Project Schedule Dudek&Associates is prepared to begin work on this project upon authorization to proceed. If notice to proceed is provided by the City on or before January 28, 2003, as specified in the RFP, our proposed schedule will allow delivery of the Draft Water Reuse Master Plan in early July 2003. A tentative project schedule is attached to this proposal for your review. The milestone dates shown in the schedule after submittal of the draft report are contingent on the City and OWR completing review of draft submittals within the indicated time frames. We committed to meeting the City's scheduling requirements and we would be happy to discuss measures to expedite completion or modify the proposed project schedule in any way. Compensation Compensation shall be on a time and expense reimbursement basis in accordance with the attached Dudek & Associates 2003 Standard Schedule of Charges. Payments shall be made monthly by the City based on itemized invoices, which list actual costs and expenses. Such payments shall be for the invoice amount without retention. Car1�1 Exhibit B Exhibit B CONTRACT PERFORMANCE TERMS 1. Business Tax. Consultant must have a valid City of San Luis Obispo business tax certificate prior to execution of the contract. Additional information regarding the City's business tax program may be obtained by calling(805)781-7134. 2. Ability to Perform. Consultant warrants that it possesses, or has arranged through subcontracts, all capital and other equipment, labor, materials, and licenses necessary to carry out and complete the work hereunder in compliance with any and all federal, state, county, city, and special district laws,ordinances,and regulations. 3. Laws to be Observed. Consultant shall keep itself fully informed of and shall observe and comply with all applicable state and federal laws and county and City of San Luis Obispo ordinances,regulations and adopted codes during its performance of the work. 4. Payment of Taxes.. The contract prices shall include full compensation for all taxes that Consultant is required to pay. 5. Permits and Licenses. Consultant shall procure all permits and licenses, pay all charges and fees,and give all notices necessary.. 6. Safety Provisions. Consultant shall conform to the rules and regulations pertaining to safety established by OSHA and the California Division of Industrial Safety.. 7. Public and Employee Safety. Whenever Consultant's operations create a condition hazardous to the public or City employees,it shall,at its expense and without cost to the City,furnish,erect and maintain such fences,temporary railings,barricades, lights, signs and other devices and take such other protective measures as are necessary to prevent accidents or damage or injury to the public and employees. 8. Preservation of City Property. Consultant shall provide and install suitable safeguards, approved by the City, to protect City property from injury or damage. If City property is injured or damaged as a result of Consultant's operations, it shall be replaced or restored at Consultant's expense. The facilities shall be replaced or restored to a condition as good as when the Consultant began work. 9. Immigration Act of 1986. Consultant warrants on behalf of itself and all sub-Consultants engaged for the performance of this work that only persons authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder. 10. Contractor Non-Discrimination. In the performance of this work,Consultant agrees that it will not engage in, nor permit such sub-Consultants as it may employ,to engage in discrimination in employment of persons because of age, race, color, sex, national origin or ancestry, sexual orientation,or religion of such persons. 11. Work Delays. Should Consultant be obstructed or delayed in the work required to-be done hereunder by changes in the work or by any default, act, or omission of the City, or by strikes, fire, earthquake, or any other Act of God, or by the inability to obtain materials, equipment, or labor due to federal government restrictions arising out of defense or war programs,then the time C2, Exhibit B Exhibit B:Contract Performance Terns Page B-2 of completion may, at the City's sole option,be extended for such periods as may be-agreed upon by the City and the Consultant. 12. Payment Terms. The City's payment terms are 30 days from the receipt of an original invoice and acceptance by the City of the services provided by Consultant(Net 30). 13. Inspection. Consultant shall furnish City with every reasonable opportunity for City to ascertain that the services of Consultant are being performed in accordance with the requirements and intentions of this contract. All work done and all materials furnished, if any, shall be subject to the City's inspection and approval. The inspection of such work shall not relieve Consultant of any of its obligations to fulfill its contract requirements. 14. Audit. The City shall have the option of inspecting and/or auditing all records and other written materials used by Consultant in preparing its invoices to City as a condition precedent to any payment to Consultant. 15. Interests of Consultant. Consultant covenants that it presently has no interest, and shall not acquire any interest direct or indirect or otherwise, which would conflict in any manner or degree with the performance of the work hereunder. Consultant further covenants that, in the performance of this work, no sub-Consultant or person having such an interest shall be employed. Consultant certifies that no one who has or will have any financial interest in performing this work is an officer or employee of the City. It is hereby expressly agreed that, in the performance of the work hereunder, Consultant shall at all times be deemed an independent Consultant and not an agent or employee of the City. 16. Hold Harmless and Indemnification. Consultant agrees to defend, indemnify, protect and hold the City and its agents, officers and employees harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury. to Consultant's employees, agents or officers which arise from or are connected with or are caused or claimed to be caused by the acts or omissions of Consultant, and its agents, officers or employees, in performing the work or services herein, and all expenses of investigating and defending against same;provided, however, that Consultant's duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the City,its agents,officers or employees. 17. Year 2000 Compliance. The Consultant warrants that the goods or services provided to the City, including those provided through sub-Consultants, are "Year 2000 compliant." For the purpose of this contract, "Year 2000 compliant" means that goods or services provided to the City will continue to fully function, fault-free, before, at and after the Year 2000, without interruption or human intervention; and if applicable, any data outside of the date range 1990- 1999, including leap years, will be correctly processed in any level of computer hardware or software, including,but not limited to, microcode,firmware, application programs,files and data bases. This warranty supersedes all warranty disclaimers or limitations, and all limitations on liability,otherwise provided by the Consultant. Upon request by the City,the Consultant will provide the City with a description of its Year 2000 compliance strategy,or statement of why this is not relevant to contract performance. 18. Contract Assignment. Consultant shall not assign, transfer, convey or otherwise dispose of the contract, or its right, title or interest, or its power to execute such a contract to any individual or business entity of any kind without the previous written consent of the City. 8a-�� Exhibit B Exhibit B:Contract Performance Terms Page B-3 19. Termination. If, during the term of the contract, the City determines that Consultant is not faithfully abiding by any term or condition contained herein, the City may notify Consultant in writing of such defect or failure to perform; which notice must give Consultant a 10 (ten) calendar day notice of time thereafter in which to perform said work or cure the deficiency. If Consultant has not performed the work or cured the deficiency within the ten days specified in the notice, such shall constitute a breach of the contract and the City may terminate the contract. immediately by written notice to Consultant to said effect. Thereafter, neither party shall have any further duties,obligations,responsibilities or rights under the contract. In said event, Consultant shall be entitled to the reasonable value of its services performed from the beginning date in which the breach occurs up to the day it received the City's Notice of Termination, minus any offset from such payment representing the City's damages from such breach. "Reasonable value" includes fees or charges for goods or services as of the last milestone or task satisfactorily delivered or completed by Consultant as may be set forth in the Agreement payment schedule; compensation for any other work, services or goods performed or provided by Consultant shall be based solely on the City's assessment of the value of the work-in- progress in completing the overall workscope. The City reserves the right to delay any such payment until completion or confirmed abandonment of the project, as may be determined in the City's sole discretion, so as to permit a full and complete accounting of costs. In no event, however, shall Consultant be entitled to receive in excess of the compensation quoted in its proposal. 20. Ownership of Materials. All original drawings, plan documents and other materials prepared by or in possession of Consultant as part of the work or services under these specifications shall become the permanent property of the City,and shall be delivered to the City upon demand. 21. Release of Reports and Information. Any reports, information, data, or other material given to, prepared by or assembled by Consultant as part of the work or services under these specifications shall be the property of City, and shall not be made available to any individual or organization by Consultant without the prior written approval of the City. 22. Copies of Reports and Information. If the City requests additional copies of reports,drawings, specifications, or any other material in addition to what Consultant is required to furnish in limited quantities as part of the work or services under these specifications, Consultant shall provide such additional copies as are requested, and City shall compensate Consultant for the costs of duplicating of such copies at the Consultant's direct expense. 23. Required Deliverable Products. Consultant will provide: a. Five copies of the final report that addresses all elements of the workscope. Any documents or materials provided by Consultant will be reviewed by City staff and,where necessary, Consultant will respond to staff comments and make such changes as deemed appropriate. b. One camera-ready original, unbound, each page printed on only one side, including any original graphics in place and scaled to size,ready for reproduction. Exhibit B Exhibit B:Contract Performance Terns Page 84 C. When computers Have been used to produce materials submitted to the City"as a part of the workscope, Consultant must provide the corresponding computer files to the City, compatible with the following programs whenever possible: • Word Processing Word • Spreadsheets Excel • Desktop Publishing Coreldraw,Pagemaker • Computer Aided Drafting(CAD) AutoCad Computer files must be on 31/2", high-density, write-protected diskettes or CD-ROM, formatted forr use on IBM-compatible systems. Each diskette must be clearly labeled and have a printed copy of the directory. 24. Attendance at Meetings and Hearings. As part of the workscope and included in the contract price is attendance by the Consultant at up to one public meetings to present and discuss its findings and recommendations. Consultant shall attend as many "working" meetings with staff as necessary in performing workscope tasks. 25. Insurance. Consultant shall procure and maintain for the duration of the contract insurance 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 Consultant, its agents,representatives,employees or sub-Consultants. a. Minimum scope of insurance. Coverage shall be at least as broad as: • Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). • Insurance Services Office form number_ CA 0001 (Ed. 1/87) covering Automobile Liability,code 1 (any auto). • Workers' Compensation insurance as required by .the State of California and Employers Liability Insurance. • Errors and Omissions. Liability insurance as appropriate to Consultant's profession. b. Minimum limits of insurance. Consultant shall maintain.limits no less than: • General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage.. If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. • Automobile Liability: $1,000,000 per accident for bodily injury and property damage. • Employer's Liability: $1,000,000 per accident for bodily injury or disease. • Errors and Omissions Liability: $1;000,000 per occurrence. C. Deductibles and self-insured retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. 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, officials, employees and volunteers; or Consultant shall procure a Exhibit B Exhibit B:Contract Performance Terms Page B� bond guaranteeing payment of losses and related investigations,claim administration and defense expenses. d. Other insurance provisions. The general liability and automobile liability policies are to contain,or be endorsed to contain, the following provisions: • The City, its officers, officials, employees, agents and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of Consultant; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, official, employees,agents or volunteers. • For any claims related to this project, Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of Consultant's insurance and shall not contribute with it. • Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials,employees,agents or volunteers. • Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. • Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail,return receipt requested,has been given to the City. e. Acceptability of insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than AMI. L Verification of coverage. Consultant shall furnish the City with a certificate of insurance showing maintenance of the required insurance coverage. Original endorsements effecting general liability and automobile liability coverage required by this clause must also be provided. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences.