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HomeMy WebLinkAbout09/02/2003, C7 - WATER REUSE PROJECT- MATERIALS TESTING SERVICES council MeetgDam A j accnoA mepoRt C IT Y OF SAN LUIS OBISPO FROM: John Moss,Utilities Directo Prepared By: Katie DiSimone,Water Pro e is Manager SUBJECT: WATER REUSE PROJECT—MATERIALS TESTING SERVICES CAO RECOMMENDATION 1. Approve an agreement with Fugro West, Inc. in the amount of$84,000 for materials testing services as related to the Water Reuse Project. 2. Approve an additional 10% contingency, in the amount of$8,400,to be administered by the Utilities Director for possible additional field testing.. DISCUSSION The Water Reuse Project began construction on August 11, 2003. The project consists of constructing storage and pumping facilities at the City's Water Reclamation Facility and approximately 8 miles of recycled water distribution pipeline. Fugro West, Inc. has submitted a proposal to conduct construction observation and materials testing services in the amount of $84,000. Fugro West, Inc. prepared the Geotechnical Report, City of San Luis Obispo Water Reuse Project dated March 29, 2002. The geotechnical report identified and established geotechnical specifications for materials and testing for the construction of the project. Materials testing services consisting of field compaction testing, concrete testing and sampling, and laboratory materials are needed to meet construction and engineering specifications. Staff recommends a sole-source agreement with Fugro West, Inc.since they are familiar with the project specifications, the City's Standard Specifications and Engineering Standards,and Caltrans Standard Specifications, as well as site conditions. Staff also recommends a 10% contingency, in the amount of$8,400, for possible additional field testing. During construction, the City may recommend field testing at more frequent intervals than specified in the proposal. The Utilities Director would authorize these additional services and payment. FISCAL IMPACT Approval of the recommended agreement for materials testing for the Water Reuse Project will cost $84,000,plus a possible additional $8,400, for a total of$92,400. Currently, the construction phase of the project has available funding in excess of$3 million that can be used to fund this contract and other construction-related expenses. Council Agenda Report—Materials Testing Services Page 2 Council approved a total project budget of$18,262,500 in the January 21, 2003, bringing the total available Water Reuse Project construction funding to $14,622,657.10. Project construction contracts, including 10% contingency, equal $11,512,500. At mid-year, staff will bring a recommended reduced project budget to Council that will be consistent with the favorable construction bids and an updated analysis of the Water Reuse Project mitigation costs. Attachments 1. Agreement for Consultant Services with Fugro West, Inc. G:\Council Agenda Reporls\2003 Council Agenda ReportsNatenals Testing.Services CAR.doc ^ Attachment I I � AGREEMENT . J, as.. 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 FUGRO WEST,Inc.,hereinafter referred to as Consultant. WITNESSETH: WHEREAS, the City wants to perform construction observation and materials testing related to construction of the Water Reuse Project. WHEREAS, Consultant 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 Consultant shall receive therefor compensation in a total sum not to exceed.$84,000. 4. 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. 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. Cq r3 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 Pam King Public Works Department City of San Luis Obispo 955 Palm Street San Luis Obispo,CA 93401 Consultant Jonathan Blanchard Fugro West,Inc. 660 Clarion Court,Suite A San Luis Obispo,CA 93401 8. 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 parry. 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: CONSULTANT By: Qoaaeon-Lowell,City Attorney Cil �k '�. Exhibit A FUGROI WEST, INC. 660 Clarion Court,Suite A San Luis Obispo,CA 93401 Tel: (805),542-077 August 19, 2003 Fax: (805)542-93191 Project No. 2003.259 City of San Luis Obispo, Utilities Division 879 Morro Street San Luis Obispo, California 93401 Attention: Mr. John Moss Subject: Proposal for Construction Observation and Materials Testing Services, Water Reuse Project,San Luis Obispo, California Dear Mr. Moss: Fugro is pleased to submit this proposal to provide construction Observation and materials testing services for the. Water Reuse Project in San Luis Obispo, California. This proposal was prepared in response to our telephone conversation of August 1, 2003. Our understanding of the project is based on our previous geotechnical study performed for the design of the improvements', review of the project plans and specifications for the pipeline2 and treatment plant improvements3, and discussions with Mr. Richard Fisher with the City of San Luis Obispo on August 6, 2003. This letter provides our scope of work, schedule, and fee to provide the requested construction observation and materials testing services. PROJECT UNDERSTANDING The project will generally consist of constructing a distribution system consisting of approximately 7.6 miles of pipeline and modifying the existing Water Reclamation Facility. The pipeline will extend both east and west of the existing wastewater treatment plant located at 35 Prado Road in San Luis Obispo, California. The primary streets located along the proposed alignment of the pipeline include Los Osos Valley Road, Calle Joaquin, Madonna Road, Prado Road, Broad Street, Morning Glory Lane, and Tank Farm Road. We understand that the pipeline will likely be constructed of 10- to 20-inch pipe. The pipeline will be pressurized over the entire alignment. The invert elevation of the pipeline will ' Fugro West, Inc. (2002), Geotechnical Report, City of San Luis Obispo Water Reuse Project, San Luis Obispo, California", unpublished consultant report prepared for Brown and Caldwell,August 2. 's Brown and Caldwell and Cannon Associates (2003), Project Plans and Specifications: "City of San Luis Obispo Water Reuse Project, Recycled Water Transmission/Distribution Pipelines', City Specification No. 99124-90553 B, February, with Addenda Nos.1,2,and 3 dated February 26,March 5,and March 25. Brown and Caldwell(2003),Project Plans and Specifications:"City of San Luis Obispo Water Reuse Project,Water Reclamation Facility Improvements",City Specification No.99124-90553 A, February,with Addenda Nos. 1 and 2 dated March 18 and March 25. A member of the Fugro group of companies with offices throughout the worid �� Proposal for Construction Services for Water Reuse Project ®® August 19,2003(City of San Luis Obispo) typically range from 2 to 2.5 meters (6 to 8 feet) below the existing ground surface. It is expected that the majority of the pipeline will be installed using conventional cut. and cover techniques. The pipeline will be placed deeper by boring, trenched above culverts, or suspended from various creek crossings, drainage, and roadway crossings encountered along the alignment. The engineer's estimate for the pipeline distribution facility is $7.63 million for improvements constructed over a period of 400 calendar days. Modifications to the Water Reclamation Facility include constructing a .chlorination channel, installing pumps to distribute reclaimed water, and constructing a 600,000 gallon buried reclaimed water storage tank. The tank will be located at the existing wastewater treatment plant facility and will include a perimeter access road paved with asphalt concrete. The base of the tank will be founded approximately 4.5 to 5.5 meters (15 to 18 feet) below the existing ground surface. A sump pit will extend an additional 4.5 meters (15.feet) below the base of the tank. Additional improvements include constructing two additional reinforced concrete chlorine contact tanks, chemical storage and feed areas,-and a power and operations building for the improvements. The engineer's estimate for the water reclamation facility is $6.0 million for improvements constructed over a period of 400 calendar days. This work is expected to occur at the same time as the pipeline construction. SCOPE OF WORK The City has requested that Fugro provide limited geotechnical observation and materials testing services consisting of field compaction testing, concrete testing and sampling, and laboratory materials testing as directed by the Resident Engineer. Testing and inspection at the batch plant is not included in this proposal. We will provide the following services for the construction of this project: Task 1 —Transmission/Distribution Pipelines Perform field density testing during the placement of trench backfill materials consisting of bedding, initial backfill, and subsequent backfill material as directed by the Resident Engineer. The City has requested a typical testing frequency of at least one field compaction test for every 400 to 500 lineal feet of trench and each approximately 2-foot vertical lift or material being placed. Compaction testing will mainly be performed according to ASTM D2922, Nuclear method. Sand cone methods (ASTM D1556) can be performed, if needed. Laboratory compaction tests will be performed in general accordance with ASTM D1557, Modified Proctor Test. v Perform field density testing and sampling during the placement of asphalt pavement materials as directed by the Resident Engineer. Compaction testing will be performed according to ASTM D2922, Nuclear method. Laboratory compaction tests will be performed in general accordance with California test methods. o Review soft subgrade and spring line conditions, when requested, and methods for stabilizing or improving pipe support in those areas. 2 n ' U Proposal for Construction Services for Water Reuse Project August 19,2003(City of San Luis Obispo) o� w :• Perform laboratory materials testing (sand equivalence, grain size analyses, asphalt extraction, maximum density tests) on samples of select trench backfill and pavement material to assess compliance with the specifications. The Geotechnical Engineer should review imported fill materials before they are brought to the site; however; imported fill materials must meet the specified quality and gradation requirements as-placed at the site. The numbers of tests we expect to perform are presented on Plate 1 Fee Estimate. Task 2— Modifications to Water Reclamation Facility :• Perform testing (sand equivalence, and.grain size analyses tests) on samples of on-site and imported fill materials to assess compliance with the specifications. . The Geotechnical Engineer should review imported fill materials before they are brought to the site; however, imported fill materials must meet the specified quality and gradation requirements as-placed at the site. Perform testing (durability index, and grain size analyses tests) on samples of aggregate materials to assess compliance with the specifications. Observe tank and foundation excavations for compliance with materials described in Geotechnical Report. :• Perform field density testing during the placement of fill materials for the paved access roads, and utility trenches as directed by the Resident Engineer. Compaction testing will be performed according to ASTM D-2922, Nuclear method, or D-1556, Sand-Cone method. Laboratory compaction tests will be performed in general accordance with ASTM D-1557. We understand that the contractor will be responsible for providing concrete testing for the treatment plant improvements, and therefore we have excluded concrete testing from this scope of work. Task 3 -Report Preparation a Daily field reports will be prepared and be submitted as the work progresses. A copy of the field report will be submitted to the on-site representative for the City of San Luis Obispo, unless otherwise instructed. Upon completion of the above tasks, we will prepare a final report for the distribution system and a final report for the modifications to the water reclamation facility. The final reports will summarize our observations and tests, and provide a statement of our opinion as to whether the work we were authorized to observe and test was performed in general accordance with the project plans and specifications. Two copies of the final report will be submitted. c• Results of concrete compressive strength testing will be provided as results become available under separate cover. Results can be provided orally, if requested. 3 r, Proposal for Construction Services for Water Reuse Project August 19,2003(City of San Luis Obispo) m� SCHELDULE We request at least 1-week notice prior to beginning construction activities to schedule field personnel. We request at least 24 hours notice in advance of performing site visits or testing. We note that concrete cylinders require 28 days to cure prior to testing for compressive strength. The summary report can be submitted within 2 weeks of the completion of field services. FEE ESTIMATE The amount of time needed for our services is dependent on the contractor's schedule, rate of construction, and frequency of testing as directed by the Resident Engineer. We will provide these services on a time and expense basis at current fee schedule rates. The rate for field technician has been modified to be inclusive of unit charges for the pickup truck and nuclear gage. We have provided the enclosed estimate as a basis for authorizing our services, based on our understanding of the project and requested testing services. The estimate is not a bid or maximum. Additional services such as for special inspection, batch plant inspection, or consultation can be provided according to fee schedule rates. ASSUMPTIONS We understand that the words "verify", "test", and "inspect' as used in the specifications mean only that Fugro will take tests and make observations according to standard practices, so as to have reasonably certainty that the work we are authorized to observe is being constructed in general accordance with the plans and specifications. We will not be responsible for work that is performed under the observation or inspection of others. The contractor is solely responsible for full compliance with the contract documents. The intent of construction observation is to perform observations and tests on behalf of the owner so as to have reasonable certainty that the work is being performed according to the. plans and specifications. With any tests there will be deviations from reported results due to statistical deviations and inherent variability in construction. Fugro will not direct nor take responsibility of the contractors work or obligations. This proposal specifically excludes surveying, staking, or checking grades, lines, and locations for conformance with the specifications. 4 C-1 �� r , Proposal for Construction Services for Water Reuse Project August 19,2003(City of San Luis Obispo) o� We appreciate the opportunity to be of service. Please contact the undersigned if you have questions or require additional information. Sincerely, FUGRO WEST, INC. i Jonathan D. Blanchard, P.E. Associate Geotechnical Engineer Copies: 2—Addressee Enclosures: Plate 1 — Fee Estimate Fee Schedule (February 2001) On 5 City of San Luis Obispo FUGRO WEST,INC. Proposal for Construction Observation and Materials Testing Services �mCbu Q1C y0 Q� pA Total Task Q Q Q GJ lt` Hours Total Cost Rate/Hour. $150 $125 $95 _$80 $80. sso $55 s50 1)Transmission/Distribution Pipelines: Field Compaction Testing 40 600 640 $ 53,000 Asphalt Pavement 4 80 84 $ 6,900 Laboratory Testing: (see below) 2) Modifications to Water Reclamation Facilitv: Field Compaction Testing 12 80 92 $ 7,900 Foundation Observation 4 16 20 $ 1,780 Asphalt Pavement 4 12 16 $ 1,460 3)Report Preparation 2 12, 24 12 24 16 90 $ 6,800 i Subtotal: 2 76 0 24 800 0 24 16 942. $ 77,840 Laboratory Costs(2P01) Other Direct Costs Billing Rate No.. Units Rate Factor CDC Costa Moisture Content - $ 5 0 Pickup truck and gage(per day) 0 $ 115 1.00 $ - Atterberg Limits $ 85 0 Office Expenses 1 $ 200 1.15 $ 230 Sieve Analysis $ 75 15 Laboratory Costs(per fee schedule unit rates) $ 5,880 Sand Equivalent $ 75 10 Compaction Curve $145 15 Durability Index $175 2 AC Extraction $120 4 AC Maximum Density(Caltrans) $250 4 Concrete Compression+Wolds(set of 4) $ 72 0 R-value $260 0 $- 0 $- 0 $- 0 $- 0 $- 0 0 SubtotalODC: $ 6,110 ESTIMATED TOTAL: $ 84,000 FEE ESTIMATE San Luis Obispo Water Reuse Project 1 8119=037:90 Ate San Luis Obispo, Califomia PLATE 1 ��aR® FUGRO WEST, INC. e+ 660 Clarion Court, Suite A San Luis Obispo,CA 93401 Tel: (805)542-0797 Fax: (805)542-9311 FEE SCHEDULE FOR CONSULTING SERVICES PERSONNEL HOURLY RATE PrincipalConsultant............................................................................................................$ 175 Principal....................................................................................................:......................... 150 Associate............................................................................................................................ 125 SeniorProfessional ........................................................................... ............................... 110 ProjectProfessional ..................................................:........................................................ 95 StaffProfessional.............................................................................. .:... ......................... 80 Assistant............................................................................................................................. 70 Field Technician/Inspector(Non-Prevailing Wage, straight-time rate)................................ 65 Field Technician/Inspector (Non-Prevailing Wage, overtime rate)...............:...................... 78 Field Technician/inspector (Prevailing Wage, straight-time rate)...........i............................ 75 Field Technician/Inspector (Prevailing Wage, overtime rate) ............................................. 90 Laboratory Technician.......................................................................................:................ 55 CADD/GIS Operator........................................................................................................... 75 Technical Assistant/Illustrator.......:...................................................................................... 55 WordProcessor.................................................................................................................. 50 OfficeAssistant.....................:............................................................................................. 40 Fees for expert witness preparation, testimony, court appearances, or depositions will be billed at the rate of$240 per hour. OTHER DIRECT CHARGES Subcontracted Services........................................................................................ Cost Plus 15% OutsideReproduction........................................................................................... Cost Plus 15% Outside Laboratory............................................................................................... Cost Plus 15% Out-of-Pocket Expenses ...................................................................................... Cost Plus 15% Traveland Subsistence........................................................................................ Cost Plus 15% PickupTrucks and Vans..................................................................................................$75/Day Automobile Mileage (outside 50-mile radius)...........................:.................................... $0.35/Mile Air Entrainment Gauge (ASTM C231) ...............................................................................$5/day ' Inclinometer Probe and Readout Device............................:..........................................$125/day Nuclear Gauge (CPN Model MC-3) ................................................................................$ 40/day Report reproduction and data reporting costs per Personnel hourly rates LABORATORY AND FIELD SOIL TESTING FEES (See Schedule on Page 2) A member of the Fugro group of companies with offices throughout the world FEBRUARY 2001 r Fee Schedule February 2001 LABORATORY AND FIELD SOIL TESTING FEES CLASSIFICATION TESTS Moisture or Water Content(ASTM D2216)................. $ 5 Triaxial Consolidated Undrained(w/pore pressure) Water Content or Visual Classification Single Stage(ASTM D4767).................................... $ 330 (ASTM D2216/D2)................................................... $ 10 Multi-Stage .............................................................. $ 655 Plastic and Liquid(Atterberg)Limits(ASTM D4318)... $ 85 Direct Shear,CU,Multistage(ASTM D3080)............ $ 200 Liquid Limit Only(ASTM D4318)................................. $ 30 Add for Residual Strength,per point........................ $ 35 Shrinkage Limit(ASTM D427)..................................... $ 85 Specific Gravity(ASTM D854).................................... $ 75 SIMPLE SHEAR TESTS Organic Content(ASTM D2974)................................. $ 65 Solubility in Hydrochloric Acid(ASTM D2488)............ $ 45 Direct Simple Shear,Constant Rate of Strain.............. $ 525 Micro Examination(ASTM D2488).............................. $ 55 Cyclic Direct Simple Shear,to 500 cycles, Rock Classification(ASTM D2488.............................. $ 55 three stress or strain levels....................................... $1,250 Total andDry Densities(with moisture content) Additional des.......................................................... $ 150 (ASTM D2937) ....................................... $ 20 Additional Stress Level................................................. $ 150 ............ . . Maximum and Minimum Densities Post-Cyclic Direct Simple Shear.................................. $ 150 (ASTM D4253,ASTM D4254)................................. $250 Sieve Analyses(ASTM D422)..................................... $ 75 OTHER TESTS Percent Passing#200 Sieve(ASTM D1140).............. $ 45 Hydrometer Analyses(ASTM D422) ......................... $ 95 Soil Chemistry for Corrosion Sieve and Hydrometer(ASTM D422) ......................... $ 155 (pH,chloride,sulfate,resistivity).............................. $ 140 VOLUME CHANGE TESTS CONCRETE AND ASPHALT Incremental Consolidation,max 12 Loads(16 tsf max) Concrete Compression Tests .......................(set of 3) $ 45 With Final Rebound(ASTM D2435)....................... $ 200 Hold or Additional Test............................................. $ 15 Baric Pressured Test .................................................. $ 95 Cylinder Molds with Lids........................................... $ 3 Collapse or Swell Measurement.................................. $ 60 Mortar or Grout Cube Compression Tests................... $ 20 Loads Increments Beyond 16 tsf,per increment......... $ 35 Concrete Core/Gunite Compression Tests.................. $ 28 Constant Rate of Strain Consolidation,to 32 tsf max: Durability per Fraction.................................................. $ 175 With Final Rebound(ASTM D4186) ....................... $ 375 Cleanness Value.......................................................... $ 120 With Intermediate Rebound and Reload.................. $ 440 Asphalt Concrete Maximum Density(Caltrans)........... $ 250 Expansion Index.......................................................... $ 130 Asphalt Concrete Extraction and Sieve........................ $ 220 Percent Swell............................................................... $ 110 Swell Pressure and Percent Swell(ASTM D4546)...... $ 230 MISCELLANEOUS LABORATORY CHARGES EARTHWORK TESTS Special Processing.....................................per personnel rates Extrude Tube Sample and Visual Classification........... $ 35 Standard Proctor,3 point(ASTM D698)...................... $ 122 Sample Tube Cutting,each cut.................................... $ 25 Modred Proctor,3 point(ASTM D1557,CAL 216).... $ 145 X-Ray of Tube Sample................................................. $ 60 Check Point................................................................. $ 55 Special Trimming Charge for difficult to trim soils........ $ 85 Sand Equivalent(ASTM D2419)................................. $ 75 Hand-trimmed Specimen(reducing diameter)............. $ 45 R-Value(ASTM D2844).............................................. $ 260 Addition of Soil Admixtures and Curing........................ $ 65 CBR(One Point)(ASTM D1883)................................ $ 360 Capping of Strength Test............................................. $ 30 Surcharge for Sample with Admixture......................... $ 65 Photograph of Sample.................................................. $ 45 Additional Copies of Photographs...........................Cost+15% STATIC STRENGTH TESTS NOTES: Hand Penetrometer...................................................... $ 5 Torvane........................................................................ $ 5 1) Rates for other tests and test variations can be fumished on Schmidt Hammer......................................................... $ 5 request Miniature Vane(ASTM D4648) $ 20 2) The following are included at NO CHARGE:visual Miniature Vane,with residual....................................... $ 30 classification with all strength and volume change tests, Triaxial unconfined Compression,Soil(ASTM D2166) $ 100 natural water content and density with all triaxial Triaxial Unconfined,Rods(ASTM D2938).................. $ 105 compression,simple shear,and volume change tests. Triaxial Unconsolidated Undrained(ASTM D2850)..... $ 105 3) Multi-stage strength tests consist of 3 confining pressures. Triaxial Consolidated Drained 4) Rush assignments requiring overtime are subject to a 25% Single Stage............................................................ $ 380 surcharge. Multi-Stage............................................................... $ 690 5) Testing for contaminated samples(EPA Level C&D)will be invoiced at 1.5 times listed rates. 6) Sample shipment or other outside costs at Cost+15%. -, PAGE 2 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 subcontractors 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. Consultant Non-Discrimination. In the performance of this work, Consultant 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 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 restrictionsarising out of defense or war programs,then the time CI - 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 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-contractor 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 contractor 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 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 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. 1 � Exhibit B:Contract Performance Terms Page B� 19. Termination. If, during the term of the contract, the City determines that Consultant is not faithfully abiding by any tern 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. [Number] 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:Contract Performance Terms Page B-4 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, 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 Consultant at up to [number] public meetings to present and discuss its findings and recommendations. Consultantshall 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-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 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 CrI - I LP Exhibit B:Contract Performance Terms Page B5 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 A:VII. f. 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.