HomeMy WebLinkAbout08/19/2003, C12 - WATER REUSE PROJECT MITIGATION-STEELHEAD ABUNDANCE MONITORING OF SAN LUIS CREEK WATERSHED i
J
Ecouncil Aug. 19 2003
A agenba nEpoat
CITY O F SAN LUIS O B I S P O
FROM: John Moss, Utilities Direc4
SUBJECT: WATER REUSE PROJECT MITIGATION—STEELHEAD ABUNDANCE
MONITORING OF SAN LUIS CREEK WATERSHED
CAO RECOMMENDATION
Approve an agreement with Thomas R. Payne and Associates for Steelhead Abundance
Monitoring Services for San Luis Obispo Creek and Tributaries in an amount not to exceed
$36,010. Authorize the Utilities Director to approve up to an additional 10% contingency for a
total of$39,610.
DISCUSSION
As a component of the Water Reuse Project, the City completed a formal consultation with the
National Marine Fisheries Service (NMFS) under Section 7 of the Endangered Species Act in
regard to potential project impacts on the endangered Southern Central California Coastal
Steelhead. The results of that consultation provided the City with a biological opinion and a
"take" statement.that allows the City's project to proceed under certain terms and conditions.
One of those terms was a requirement for the City to complete annual abundance monitoring for
the steelhead on the lower portion of San Luis Obispo Creek for six years. After collection of
only three years of data, NMFS has determined that a greater number of fish utilize the lower
portion of the stream for juvenile rearing than was anticipated in the original biological
assessment of impacts. NMFS has also determined that sufficient data has been collected on the
lower reach and that the requirement to monitor for another three years can be suspended.
Because the data indicates that there are a greater number of fish potentially impacted by .the
project action, an abundance survey of the entire San Luis Obispo Creek watershed and
tributaries is necessary to determine the significance of the potential impacts on the species in the
watershed. If the majority of the fish are located in the lower reaches, then the effects of the
project action may be determined to be of greater significance. On the other hand, if the
population is spread evenly throughout the basin, or there are even greater numbers of fish in the
upper reaches, the significance of the impacts may be determined to be minimal.. In light of the
data presented, it is necessary for the City to complete this monitoring as requested. After the
data has been gathered, the City will request reinitiating of the consultation with NMFS.
In order to complete the monitoring prior to the completion of the water reuse project, the
abundance monitoring must be completed this fall (September). Thomas Payne and Associates
(TPA) have assisted the City with all prior monitoring and analysis since inception of the project.
TPA has been in discussion with NMFS staff in the development of the scope for the watershed
abundance monitoring to ensure that the work will satisfy the requirements of the agency. The
proposed scope of the project is described in Attachment 1, Exhibit A.
C�a -�
Council Agenda Report- Lease of Real Property,45 Prado Road
Page 2
In addition to the services to be provided by TPA, it will be necessary to provide for about 150
hours of the City Biologist's time, hire a temporary biologist assistant for the duration of the
project, and provide an estimated 10 days of assistance by WRF Laboratory staff as overtime to
provide additional assistance in certain reaches of the stream where more than two biologists are
required. The City's Biologist, Dr. Michael Clarke, has arranged for the assistance of a qualified
fisheries biologist from Central Coast Salmon Enhancement to fill the temporary biologist
assistant position if approved. WRF laboratory staff has participated in previous abundance
monitoring activities and are thus also qualified to assist in this project.
CONCURRENCES
The City Natural Resource Manager and Biologist concur with the recommended action.
FISCAL IMPACT
The services of TPA to complete the required monitoring and prepare the analysis and report are
estimated to be $36,010. Access restrictions and other uncontrollable conditions may result in
minor cost increases or decreases, therefore an additional 10% contingency in funding the
consultant services is recommended, and bringing the total recommended funding for the
consultant services portion of this work to $39,610. The water reuse project has a current
balance of about $560,600 for environmental review and mitigation, so budget is adequate to
fund these recommended actions.
Avoided costs associated with this project would be the roughly $8,000 per year for an additional
three years of monitoring the abundance of steelhead in the lower reaches of San Luis Obispo
Creek that has been suspended by NMFS.
ALTERNATIVES
Since NMFS is in control of the City's required terms and conditions for the project, and based
on the data collected to date, their request for abundance monitoring of the entire watershed is
reasonable and appropriate to determine the significance of the project action. There are no
legitimate alternatives to completing the monitoring as requested. Delaying the monitoring may
result in delaying the City's ability to implement the Water Reuse project in the fall of 2004 as
scheduled. Staff could seek alternative approaches to completing the required monitoring;
however staff feels that the recommended action represents the most effective use of consultant
and staff resources.
Attachments
1. Agreement with TPA for Watershed Abundance Monitoring Services
Watershed abundance manitrning agreement with TPA
i . Attachment 1
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 THOMAS R. PAYNE AND ASSOCIATES,hereinafter referred to
as Contractor.
WITNESSETH:
WHEREAS,the City is required to perform an abundance survey for endangered Steelhead Trout in the San
Luis Obispo Creek Basin as a term and condition of the Biological Opinion and Take statement issued by the
National Marine Fisheries Service.
WHEREAS, Contractor is qualified to perform this type of service and has submitted a proposal to do so
which has been accepted by City.
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.
2. CITY'S OBLIGATIONS. For providing services as specified in this Agreement, City will pay
and Contractor shall receive therefor compensation in a total sum not to exceed$36,010.
4. CONTRACTOR'S OBLIGATIONS. For and in consideration of the payments and agreements
hereinbefore mentioned to be made and performed by City, Contractor agrees with City to provide services as set
forth in Exhibit A attached hereto and incorporated into this Agreement. Contractor further agrees to the contract
performance terms as set forth in Exhibit B attached hereto and incorporated into this Agreement.
5. 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.
6. 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.
Cia ' 3
Agreement Page 2
7. 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 City Clerk
City of San Luis Obispo
990 Palm Street
San Luis Obispo,CA 93401
Contractor Thomas R.Payne and Associates
890 L Street
Arcata,CA 95521
8. AUTHORITY TO EXECUTE AGREEMENT. Both City and Contractor 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
fust above written.
CITY OF SAN LUIS OBISPO,A Municipal Corporation CONTRACTOR
By: By:
Mayor,David F.Romero Thomas R.Payne and Associates
ATTEST: APPROVED AS TO FORM:
City Clerk,Lee Price Ci orney,Jonathan Lowell
Exhibit A
San Luis Obispo Creek Basin 'Thomas R.Payne&Associates
Steelhead Population Assessment Plan City of San Luis Obispo
MM3
STUDY PLAN FOR ASSESSING STEELHEAD ABUNDANCE
IN THE SAN LUIS OBISPO CREEK BASIN, CALIFORNIA
Background
In 1994, the Water Reclamation Facility(WRF)operated by the City of San Luis Obispo(City)
upgraded its wastewater discharge into San Luis Obispo Creek(SLO Creek)through improved
treatment facilities. Currently the City is permitted to discharge a dry-year monthly average of
5.1 mgd into SLO Creek at a point approximately 7 miles upstream from the creek mouth at the
town of Avila Beach. Recently the City proposed to decrease the WRF discharge into SLO Creek
by diverting some of the treated water to irrigation and other uses. Subsequently,the NOAA
Fisheries requested that the City take"Reasonable and Prudent Measures"to minimize and
monitor the incidental take of anadromous steelhead(Oncorhynchus mykiss),which species is
known to occur in the SLO Creek Basin and is federally considered as "threatened"in the South-
Central California Coast Evolutionarily Significant Unit.
Studies ongoing since YR 2000 have emphasized the migratory and rearing characteristics of
steelhead in the lower portion of SLO Creek,as directed under the Term and Condition(T&C)
#3B (NMFS 1999). These downstream trapping and pool sampling efforts have established that
significant numbers of pre-smolt steelhead can utilize the lower mainstem during the summer
months. This study plan,which emphasizes the remaining portions of the SLO Creek watershed
(SLO Basin),is intended to provide comparative steelhead density data for currently unsampled
areas. Many of the specifics of this proposed plan were based on the existing mainstem studies
(TRPA 2000)and on subsequent discussions with NOAA FISHERIES and the City.
Purpose
The estimates of relative abundance of steelhead rearing in the upper SLO Basin from this study
can be directly compared to abundance estimates derived from concurrent studies in the lower
mainstem. This comparison will help the City and regulatory agencies to better assess the
potential impacts of the Water Reuse Project on the steelhead population in SLO Basin.
Sampling Schedule
This proposed sampling program will occur for one year(2.003)during September under summer
low-flow conditions.
Relationship to Lower SLO Creek Abundance Surveys
From 2000 to 2002,steelhead abundance was estimated for all samplable pool habitats in the
lower six miles of SLO Creek during each July,August,and September(and October in 2002).
Sampling will occur in the lower river again in September of 2003 using the same methodologies
as previous surveys and with this proposed survey,with minor changes at the calibration phase of
the assessment(details described below). Consequently,the following study plan refers to the
entire SLO Basin,including the lower mainstem
San Luis Obispo Creek Basin Thomas R.Payne&Associates
Steelhead Population Assessment Plan City of San Luis Obispo
720/03
Sampling Locations
The SLO Basin is composed of the mainstem SLO Creek as well as numerous tributaries(Figure
1). Most tributaries are small and become dry or severely intermittent throughout their lengths,
and thus provide little or no spawning or rearing habitat for steelhead. Several important
tributaries do exist, however,and are thought to provide significant rearing habitat to juvenile
fish. In small streams pools may provide the most significant amount of rearing habitat, and their
greater depths are more amenable to passive estimation methodologies such as snorkeling.
Consequently,this study plan proposes to sample only pool habitat in the selected stream reaches.
Table 1 lists the approximate lengths of all significant tributaries(and reaches of the mainstem),
as well as several tributaries that may or may not support steelhead during summer months. The
latter tributaries will receive a cursory"pre-survey"to determine if significant numbers of
juvenile steelhead to exist in them,and whether those tributaries will be included in the overall
SLO Basin abundance survey.
Table 1. List of proposed sampling areas,reach lengths,and number of sample pools in the SLO
Basin.
Approx Expected#Pools
Stream Reach Len (mi) to be Sampled
SLO Creek Lower 5.9 25
Middle* 4.8 10
Upper 5.2 25
See Canyon all 1 6.2 20
Davenport* all 1.5 5
East Fork SLO* all 3.5 10
Froom. all 3.5 10
Perfumo* lower 1.1 5
Old Garden* lower 0.9 5
Sterner lower 4.8 20
Brizziolari* all 3.2 10
Reservoir lower 0.2 _ 5
Totals: 40.8 150
*steelhead use unknown,cursory pre-survey will determine inclusion/exclusion
Cursory Pre-Surveys
Cursory pre-surveys will be conducted in those stream reaches where the presence of rearing
steelhead is unknown. One or two biologists will inspect pool habitats(if the stream is not dry)
either using bankside observation or direct observation(i.e:snorkeling)to determine the presence a
and relative abundance of juvenile steelhead. If the mount of available habitat(sampleable
pools)and the number of observed steethead indicates that a significant population of steelhead
rear in the stream reach,that reach will be included in the following sampling protocols. If not,
that stream reach will be excluded from further sampling. It is recognized that some stream
reaches may contain small numbers of rearing steelhead,or isolated"pockets"of suitable habitat
and rearing fish,and such fish may not be included in the overall basin-wide estimates of
abundance.
The cursory pre-surveys will also be used to determine if a particular stream reach will be
sampled using direct observation or electrofishing as the primary sampling methodology.
2 n, 1,r _
San Luis Obispo Creek Basin Thomas R.Payne&Associates
Steelbead Population Assessment Plan City of San Luis Obispo
7/20/03
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Figure 1. Map of SLO Creek Basin showing proposed stream sampling reaches.
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San Luis Obispo Creek Basin Thomas R.Payne&Associates
Steelhead Population Assessment Plan City of San Ws Obispo
7/20/03
Sampling Methodologies
Because of the threatened status of SCCC steelhead, state and federal agencies prefer passive fish
sampling methods, such as direct observation (i.e. snorkeling), wherever feasible. In small to
medium sized streams under low flow conditions,such as SLO Creek and tributaries during the
summer months, snorkeling is most effective in pool habitats where depths are sufficient for
divers to navigate upstream. However, snorkeling is not effective where turbid water or dense
instream cover prevents divers from observing fish. In such areas electrofishing can sometimes
be applied to generate abundance estimates. For this proposed study plan, sampling by direct
observation will be the preferred methodology and will be used for those stream reaches where
diving is feasible. For stream reaches where pools are too turbid or too small to conduct dive
counts,electrofishing will be used to estimate the abundance of steelhead.
Because conventional dive counts only represent an index estimate of abundance and not an
estimate of true abundance(as are multiple-pass electrofishing estimates),a random subsample of
the pools sampled by diving will be re-sampled using either multiple dive counts or electrofishing
as a means of calibrating dive count index estimates to represent estimates of true abundance.
The methods for selecting pool sample areas,collecting calibration data,and estimating
abundance of steelhead within stream reaches will follow protocols described in Hankin and
Mohr's latest(2001 draft)Method of Bounded Counts(MBC)manuscript.
All available pool habitats in the SLO Basin stream reaches will be located, identified,and
generally described(i.e.,pool dimensions,ability to sample)by two or three biologists walking
upstream. A randomized selection protocol(described in Hankin and Mohr 2001 draft)will be
used to determine for each sampleable pool if that pool is selected for sampling at the first-stage.
If not,the team will continue upstream mapping and determining the sampling status of each
pool. Electrofishing will be used at the first-stage for all selected pools in stream reaches that are
judged not suitable for direct observation methodologies. If the stream reach is suitable for
conducting dive counts,the selected pool will be sampled by one to three biologists by
conducting a single pass dive count of all observed steelhead using two size classes(< IOcm FL
or>10 cm FL)according to diving procedures employed during previous lower mainstem
surveys.
After conducting the single-pass dive count,the divers will determine if the pool is selected (by a
randomized procedure)for a second-stage calibration survey. If not,the divers will continue
upstream If the pool is selected as a second-stage calibration unit and if the first-pass dive count
was less than 20 fish for each size class,the divers will conduct three more independent dive
counts according to the MBC protocols. If the fust-pass count exceeded 20 fish for either size
class,the second-stage survey will be conducted using electrofishing within one to two days of
the fust-stage sample. For stream reaches where diving is feasible,five to six pools will be
randomly selected in each stream reach for calibration at the second-stage of sampling. For
stream reaches where electrofishing is employed at the first-stage sample,calibration will not be
necessary.
Snorkeling Procedures
If snorkeling is deemed feasible, 2 or 3 divers(depending on unit width and water visibility) will
conduct direct observation surveys in sampleable pool habitats. Divers will cautiously enter the
lower end of each pool habitat and proceed together upstream to the pool head. Each diver will
enumerate the species and age class of each fish observed in his/her side of the stream channel;
the divers counts from the single pass will then be added to estimate an index of fish abundance
a CA a-�
1
San Luis Obispo Creek Basin Thomas R.Payne&Associates
Steelhead Population Assessment Plan City of San Luis Obispo
7nn/m
within the pool unit. -Two size classes will be used for steelhead/rainbow trout: young-of-year
(<10 cm FL), and juvenile(>10 cm FL). These lengths are consistent with the size classes
utilized in the 2000-2002 dive counts in the lower mainstem,and were based on the late-spring
length-frequency distributions of steelhead captured in the downstream trap operated near the
Wastewater Facility.
Data will be recorded onto underwater slates during the dive counts,then transferred to data
sheets after each dive. Additional infotination collected at each pool habitat will be starting and
ending dive times, water temperature,pool dimensions(length and mean width),pool depths
(mean and maximum), and estimated water visibility. A visual estimate of the amount and type
of instream cover will also be recorded for each pool habitat,which can later be used to determine
if the amount of cover is related to fish densities. Divers will be personnel employed either by
TRPA or by the City,and will be experienced in conducting dive counts in the lower mainstem
for the past three years.
Electrofishing Procedures
Where electrofishing is employed at either first or second-stage surveys,sampling will be
conducted by trained personnel using procedures be consistent with guidelines established by
NOAA Fisheries for protecting listed species of salmonids(NMFS 2000). All pools selected for
electrofishing(either at the first-stage or second-stage calibration units)will be marked with
flagging and the position recorded on maps and(where possible)with GPS units,and a crew of
two to three biologists will return to each marked pool for later sampling. Each selected pool will
have a block net placed at the upper and lower pool boundary prior to sampling in order to
prevent emigration out of the study site during sampling. Each site will be sampled using a
backpack electrofisher with one or two netters. The voltage and frequency settings used during
electrofishing will be adjusted to provide efficient capture of fish and to minimize physical injury
to the fish. All City personnel will be trained in fish capture and handling methodologies by the
TRPA biologist prior to data collection.
The multiple pass removal-depletion method will be used to estimate fish densities according to
species and size class(Seber 1982,Van Deventer and Platts 1989),however a jacknife estimator
may be used if fish densities are very low due to that estimators greater robustness with low
capture probabilities(Hankin and Mohr 2001 draft). Only 2 passes will be employed if no
salmonids are captured during either pass. Such conditions are likely to occur in stream reaches
containing low fish densities,and resulting capture rates would produce abundance estimates
equal to the catch with confidence intervals Q0%of the catch. In other cases and in all second-
stage calibration units a minimum of 3 or 4 passes will be made at each site: A fourth pass will
not be conducted if the total catch of the first 3 passes is c5 fish.
All captured fish will be temporarily held in a bucket and then transferred into an instream live-
car until the multiple passes are completed. Equal effort(measured in "shocking seconds")will
be expended for each pass to satisfy removal-depletion assumptions. After electrofishing, all
captured salmonids will be anesthetized with CO2(a 3:1 solution of watenclub soda) in order to
reduce stress associated with measurement. The following data will be collected at each study
site: number of fish captured(by species)during each pass,fork length of each salmonid(to
nearest mm), number of mortalities(if any),shocking seconds,and beginning/ending time. After
data collection,all fish will be revived in fresh water and released back into the study site. In
addition to the capture data,each study site will be described in terms of area(length by mean
widths), average and maximum depths, water temperature,and amount and type of instream
cover.
5 N,=a 1
San Luis Obispo Creek Basin Thomas R.Payne&Associates
Stedhrad Population Assessment Plan City of San Luis Obispo
7/20/03
Estimation of Fish Abundance
The abundance of steelhead by size class will be estimated at three scales: individual pool units,
individual stream reaches,and within the entire SLO Basin. The equations used to generate such
estimates will be derived from the MBC protocols(Hankin and Mohr 2001 draft)and from
Hankin(1984), and will be made available upon request.
Data Reporting
Following collection of the basin-wide data,the City will provide the fish abundance data to
NOAA FISHERIES in an electronic spreadsheet format showing fish counts or captures per pool,
estimates of total abundance and variance per unit,reach, and basin, and all associated equations
used to calculate those estimates. Information of study site characteristics will also be included.
A formal report will not be prepared. In addition to the data described above,a cumulative tally
will be kept of all captured or observed rainbow trout/steelhead in order to prevent the annual
"take"of more fish than is authorized by the NOAA Fisheries take permit.
References
Hankin, D.G. 1984. Multistage sampling designs in fisheries research: applications in small
streams. Canadian Journal of Fisheries and Aquatic Sciences 41:1575-1591.
Hankin,D.G.,and M.Mohr. 2001 draft. Improved two-phase survey designs for estimation of
fish abundance in small streams. Draft manuscript dated 20 March 2001.
NMFS.. 1999. Biological opinion for City of San Luis Obispo Water Resuse Project. U.S.
Department of Commerce,National Oceanic and Atmospheric Administration,National
Marine Fisheries Service,Southwest Region. Long Beach,California. 28 July 1999.
NMFS. 2000. Guidelines for electrofishing waters containing salmonids listed under the
Endangered Species Act. National Marine Fisheries Service,June 2000.
Seber,G.A.F. 1982. The estimation of animal abundance. Macmillan,New York,New York.
654pp.
TRPA. 2000. HSI assessment of Coon Creek and San Luis Obispo Creek. Draft report
submitted to the City of San Luis Obispo, California,2 March 2000. 23pp. +appendices.
Van Deventer,J.S.,and W.S.Platts. 1989. Microcomputer software system for generating
population statistics from electrofishing data-user's guide for MicroFish 3.0. USDA, Forest
Service,General Technical Report INT-254. Intermountain Research Station,Ogden, Utah.
29pp.
6 Cl�'ID
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ifATERSHED T1 P' RUMION......A. SSE ENT
2003 Cost-Rates Full Rate Travel Rate
Principle Investigator 2 (P12) $90.00 /hr $45.00 /hr
Senior Fisheries Biologist 2 (SFB2) $55.65 /hr $27.83 /hr
Fisheries Biologist 2 (FB2) $37.28 / hr $18.64 /hr
Lodging $80.00 /night/person -
Meals $35.00 /day person -
Airfare $600.00 /trip -
Mileage $0.35 /mi -
Wet Suit Rental $5.00 /day -
t'aa................. .......
...................
tufo 2003 ,;
. ................... Na .........
TaskUesCrrpiion
Rate
;Cates.
------------
Study Plan
Planning SFB2 2 1 8 - $890
Writing SFB2 2 1 8 - $890
Equip Prep F132 1 1 4 - $149
Misc - - - - $100
subtotals: $2,030
Site Visit & EF Calibration
Airfare 1 - 1 - - $600
Round Travel SFB2 1 2 1 5 $278
Site Visit SFB2 1 2 1 10 - $1,113
EF Calibration SFB2 1 1 1 10 - $557
Daily Travel SFB2 1 3 1 1 - $83
Round Travel FB2 1 2 1 11 - $410
Round Mileage F132 1 2 - - 500 $350
Site Visit FB2 1 2 1 10 - $746
EF Calibration F82 1 1 1 10 $373
Daily Travel FB2 1 3 1 1 - $56
Daily Mileage FB2 1 2 - - 40 $28
Lodging - 1 4 2 - - $640
Meals - 1 4 2 - - $280
Wetsuft Rental - 1 1 2 - - $10
Misc - - - - - - $100
subtotals: $5,624
Field Work
Round Travel FB2 1 2 1 11 - $410
Round Mileage F132 1 2 - - 500 $350
Electrofishing/Diving FB2 1 40 1 10 - $14,912
Equipment Prep FB2 1 40 1 0.25 - $373
Data Prep F132 1 40 1 0.5 - $746
Daily Travel FB2 1 40 1 1 - $746
Daily Mileage F132 1 40 - - 40 $560
Lodging 1 41 1 - $3,280 CIA 11
Meals 1 42 1 - $1,470
Wetsuit Rental 1 40 1 $200
Misc - - - $300
subtotals: $23,346
Data Analysis & Reporting
Data Analysis SFB2 4 1 8 - $1,781
Report Preparation SFB2 1 1 8 - $445
Data Analysis F62 8 1 8 - $2,386
Report Preparation FB2 1 1 8 - $298
Misc - - - - $100
subtotals: $5,010
TOTAL COST $36,010
COSTS ASSUMING MAA's INVOLVEMENT w:
study planning and write-up
initial site visit
EF training/calibration
data analysis
help w report prep
COSTS ASSUMING FB2's INVOLVEMENT w:
2 round trips
all field work
daily work coordination/planning
data analysis
help w report prep
EFFORT
41 mi of stream
150 pools
overall avg of 4 poolstday(incl mapping)
40 days work
Exhibit B
CONTRACT PERFORMANCE TERMS
.'F....!�s `=1_.Ao' ,�; ° .eyM"c� A� :7. .�q �n'(, 7
1. Business Tax. Contractor 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. Contractor 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. Contractor 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
Contractor is required to pay.
5. Permits and Licenses. Contractor shall procure all permits and licenses, pay all charges and
fees, and give all notices necessary.
6. Safety Provisions. Contractor 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 Contractor'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. Contractor 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 Contractors operations, it shall be replaced or restored at Contractors
expense. The facilities shall be replaced or restored to a condition as good as when the
Contractor began work.
9. Immigration Act of 1986. Contractor warrants on behalf of itself and all sub-contractors
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,Contractor agrees that it will
not engage in, nor permit such sub-contractors 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 Contractor 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
C� - 13
Exhibit B:Contract Performance Terms 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 Contractor.
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 Contractor(Net 30).
13. Inspection. Contractor shall furnish City with every reasonable opportunity for City to ascertain
that the services of Contractor 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 Contractor 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 Contractor in preparing its invoices to City as a condition precedent to any
payment to Contractor.
15. Interests of Contractor. Contractor 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. Contractor further covenants that, in the
performance of this work, no sub-contractor or person having such an interest shall be employed.
Contractor 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, Contractor shall at all times be deemed an independent contractor and not
an agent or employee of the City.
16. Hold Harmless and Indemnification. Contractor 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 Contractor's employees, agents or officers which arise from or are
connected with or are caused or claimed to be caused by theacts or omissions of Contractor,
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 Contractor'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 Contractor warrants that the goods or services provided to the
City, including those provided through subcontractors, 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 Contractor.
Upon request by the City, the Contractor 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. Contractor 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.
Exhibit B:Contract Performance Terms Page B3
19. Termination. If, during the term of the contract, the City determines that Contractor is not
faithfully abiding by any term or condition contained herein, the City may notify Contractor in
writing of such defect or failure to perform; which notice must give Contractor a 10 (ten)
calendar day notice of time thereafter in which to perform said work or cure the deficiency.
If Contractor 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 Contractor to said effect. Thereafter, neither party shall have
any further duties,obligations, responsibilities or rights under the contract.
In said event, Contractor 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 Contractor as may be set forth in the
Agreement payment schedule; compensation for any other work, services or goods performed or
provided by Contractor 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 Contractor 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 Contractor 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 Contractor 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 Contractor 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 Contractor is required to furnish in
limited quantities as part of the work or services under these specifications, Contractor shall
provide such additional copies as are requested, and City shall compensate Contractor for the
costs of duplicating of such copies at the Contractor's direct expense.
23. Required Deliverable Products. Contractor will provide:
a. [Number] copies of the final report that addresses all elements of the workscope. Any
documents or materials provided by Contractor will be reviewed by City staff and,where
necessary, Contractor 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:Contract Performance Terms Page B4
C. When computers have been used to produce materials submitted to the City as a part of
the workscope, Contractor 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, formatted for
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 Contractor at up to [number] public meetings to present and discuss its
findings and recommendations. Contractor shall attend as many "working" meetings with staff
as necessary in performing workscope tasks.
25. Insurance. Contractor 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 Contractor, its agents;representatives, employees
or sub-contractors.
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 Contractor's
profession.
b. Minimum limits of insurance. Contractor 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.
• Employers 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 Contractor shall procure a
C1a - [LP
Exhibit B:Contract Performance Terms Page.BS
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 Contractor, products and completed operations of Contractor;
premises owned, occupied or used by Contractor; or automobiles owned, leased,
hired or borrowed by Contractor. 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, Contractors 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 Contractor'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.
• Contractor'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 ANII.
f. Verification of coverage. Contractor 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.
Cla - I'1