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HomeMy WebLinkAbout11/18/2003, C8 - AWARD OF CONTRACT FOR DESIGN OF ALRITA PUMP STATION REPLACEMENT PROJECT, SPECIFICATION NO. 90234 M. council AJO Dw NvE.A•t £Q t8 Zce j acEnaa nEpoizt `�`u C ITY OF SAN LU IS O B I S P O FROM: John Moss,UtilitiesDirector Prepared By: Dan Gilmore,Utilities En ' V SUBJECT: AWARD OF CONTRACT FOR DESIGN OF ALRITA PUMP STATION REPLACEMENT PROJECT,SPECIFICATION NO.90234 CAO RECOMMENDATION: 1) Award the contract for design of the Alrita Pump Station Replacement Project to Boyle Engineering Corporation in the amount of$79,969. 2) Authorize the use of up to $8,031 in additional funding for project contingencies and incidental costs. 3) Authorize the Mayor to execute the agreement. DISCUSSION: On August 19, 2003, Council approved the Request for Proposals (RFP) for the design of the Ahita Pump Station Replacement Project. Two proposals were received, and it was determined that Boyle Engineering Corporation was best suited to perform the work for the City. Boyle's proposed compensation for the design work is $79,969. The project budget includes a total of $470,000 allocated as follows: $50,000 for design, $20,000 for right-of-way acquisition, and $400,000 for construction. The design effort will attempt to replace the existing pump station within the existing footprint, which would eliminate the need for additional right-of-way and the associated cost of acquisition. Approval of the recommended action will result in the need to use more of the project budget than was originally anticipated for design. Once the design is complete and construction bids are received, staff will determine whether the remaining budget is adequate for construction of the project. If more funds are needed; staff will request additional funding at the time the project is brought back to Council for award of the construction contract. FISCAL IMPACT: Funding for the project is included in the 2001-03 Financial Plan, Appendix B — Capital Improvement Plan, page 124. There is a total of$470,000 budgeted for this project, with $50,000 of that amount earmarked for consultant design services. The proposal from Boyle Engineering for the design of the project includes a fee of$79,969. The recommended action includes authorization to spend an additional $8,031 for project contingencies and incidental costs, for a total of$88,000. i Council Agenda Report—Award of Alrita Pump Station Replacement Project Design Page 2 ALTERNATIVES: Defer or delay the project. This alternative is not recommended, since the pump station has become unreliable and requires an increasing amount of maintenance. ATTACHMENTS: Agreement Boyle Engineering proposal, dated September 18, 2003 (Council Reading File) G.\CL dAgenda Rrpnn.M6hnAn dCAR 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 BOYLE ENGINEERING CORPORATION, hereinafter referred to as Consultant. WITNESSETH: WHEREAS, on August 23, 2003, City requested proposals for engineering design services, per Specification No.90234. WHEREAS, pursuant to said request, Consultant submitted a proposal that was accepted by City for said engineering design 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 engineering design services. 2. INCORPORATION BY REFERENCE. City Specification No. 90234 and Consultant's proposal dated September 18, 2003, are hereby incorporated in and made a part of this Agreement. 3. CITY'S OBLIGATIONS. For providing engineering design services as.specified in this Agreement, City will pay and Consultant shall receive therefor compensation in a total sum not to exceed $79,969. Progress payments shall be made on a monthly basis as invoiced by Consultant with cumulative monthly payments not to exceed: $ _ (70%of total) prior to 50%submittal; $ (90%of total) prior to 90% submittal; $ (95%of total) prior to 100%submittal; $ (100%of total) prior to completion of construction. The 5% retention until completion of construction shall be released upon completion of design if the City fails to authorize the advertising for construction bids within 3 months following the acceptance of a complete final design submittal by Consultant. 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 do everything required by this. Agreement, the said specification, and the Consultant's proposal, dated September 18,2003,attached hereto and hereby 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 Utilities Director or designated representative. 0 3 i 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. 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 Dan Gilmore,Utilities Engineer City of San Luis Obispo 879 Morro Street San Luis Obispo,CA 93401 Consultant Mike Nunley,Project Manager Boyle Engineering Corporation 973 Higuera Street,Suite C 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 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: By: Lee Price,City Clerk David F.Romero,Mayor APPROVED AS TO FORM: CONSULTANT: By' .� By: Jonathan . Lowell,City ttorney COUNCIL MEMORANDUM November 18, 2003 To: Mayor Dave Romero Ken Schwartz Christine.Mulholland Allen Settle John Ewan From: John Moss, Utilities Direct Via: Ken Hampian, City Administrative Officer Subject: November 18, 2003 Council Agenda Item C-8, revised agreement Item C-8 on tonight's agenda is the award of the design contract for the Alrita Pump Station Replacement Project to Boyle Engineering Corporation. The revised agreement, which is attached to this memo, incorporates minor modifications and clarifications that were requested by the consultant. These modifications have been coordinated with and approved by the City Attorney and the City's Risk.Manager. Please feel free to call me at x205 if you have any questions or would like to discuss the agreement further. Attachment: Revised Agreement for Consultant Services 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 BOYLE ENGINEERING CORPORATION,hereinafter referred to as Consultant. WITNESSETH: WHEREAS, on August 23, 2003, City requested proposals for engineering design services, per Specification No.90234. WHEREAS, pursuant to said request, Consultant submitted a proposal that was accepted by City for said engineering design 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 engineering design services. 2. INCORPORATION BY REFERENCE. Exhibit A, the Scope of Services from the Consultant's proposal dated September 18, 2003, and Exhibit B — Contract Performance Conditions are hereby incorporated in and made a part of this Agreement. 3. CITY'S OBLIGATIONS. For providing engineering design services as specified in this Agreement, City will pay and Consultant shall receive therefor compensation in a total sum not to exceed $79,969. Progress payments shall be made on a monthly basis as invoiced by Consultant with cumulative monthly payments not to exceed: $ (70%of total) prior to 50%submittal; $ (90%of total) prior to 90%submittal; $ (95%of total) prior to 100%submittal; $ (100%of total) upon acceptance by City of 100%submittal. 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 do everything required by this Agreement, the said specification, and the Consultant's proposal, dated September 18,2003,attached hereto and hereby 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 Utilities Director or designated representative. I l 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. 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 Dan Gilmore,Utilities Engineer City of San Luis Obispo 879 Morro Street San Luis Obispo,CA 93401 Consultant Mike Nunley,Project Manager Boyle Engineering Corporation 973 Higuera Street,Suite C 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 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: By: Lee Price,City Clerk David F.Romero,Mayor APPROVED.AS TO FORM: CONSULTANT: By: By: Jonathan P.Lowell,City Attorney Work Program Exhibit A — Scope of Services Project Understanding The Alrita Booster Station currently serves 10 residences in the Alrita Pressure Zone(along Alrita and Bahia Streets). According to the City General Plan,up to 30 residences could be served eventually. The station was constructed in 1958 and includes a 2500-gal hydropneumatic tank and two 15-hp service pumps. The pumps operate in parallel mode and are automatically alternated by the control panel. Pressure settings in the tank of 105 and 120 psi are used as the"pump on"and"pump off'signals. According to the Water Master Plan,the pump station transfers water from the Bishop Pressure Zone(HGL—555)to the Alrita Pressure Zone(HGL—600). In the Master Plan,Boyle Engineering Corporation recommended replacing the existing station with a new station and hydropneumatic tank. Two service pumps at 150 gpm and one fire pump at 1600 gpm were recommended. Replacing the pump station has become a priority project for the City. The station has been a maintenance concern for several years. Operators are routinely called out to deal with problems. The following issues were noted in our field review and in our meetings with City operations and engineering staff- Cost-efficiency: The station only serves 10 homes and will not likely serve more than 30 homes. The design and planning should be accomplished in a cost-efficient manner. Limited Space: The existing City easement is 15 ft x 30 ft and it is our understanding that acquiring additional property may not be feasible. If the existing 5-ft setback from right-of-way is maintained,Architectural Review Commission(ARC)review of the building may not be required. Our goal is to plan and design this project to eliminate the need for existing easement area and/or ARC review, if feasible. However,we understand that the City needs a pump station that is both affordable and easily maintained and operated and would prefer acquiring additional property to constructing a pump station that is difficult to maintain. Potential Conflicts: Two guy wires for an electrical service pole,and multiple overhead electrical and telephone lines,are located along the frontage and property lines. This-would complicate any construction activities requiring a crane. Also,City staff pointed out the presence of a gas main in Laurel Lane. Vegetation/Screening- Large trees are located adjacent to the pump station and their branches hang over the building and tank. At a minimum trees must be pruned prior to commencing with construction activities. Aesthetics: The station is in a residential neighborhood and is in direct view of several homes. The pump station building should be inexpensive but attractive. Disruption to Residents: Water service to the Alrita Pressure Zone must be maintained to the maximum extent practicable. Design of permanent facilities and specifications for temporary supply must be developed with this goal in mind. Construction activities could be limited to daylight hours if desired. Maintenance Concerns: Since the City easement is small,the pump station design must provide accessibility for operation of valves and controls,removal of pump and motors,and general maintenance of all equipment. Tie Into City SCADA System: The pump station will be included in the City's SCADA system Based on our conversations with City staff,it appears that a radio signal can be transmitted from the booster station to the City's control center. Alternatives The attached layout and the discussion herein are representative of the design approach we will take and the considerations we will incorporate in the design of the project but do not represent a complete design or a fully- developed alternative. Demand calculations,pump siting,and preliminary layouts for this and other alternatives will be conducted during the Preliminary Design phase of the project. Assumptions regarding existing and future system demands and pressures will be confirmed with City staff prior to proceeding with development of alternatives. BOYLE Work Program, Continued Boyle will consider reliability and redundancy in our design. For instance,it should be noted that a simple way to provide some water(albeit at low pressure) to the Alrita Pressure Zone from the Bishop Zone,in the event of a pump failure at the Alrita booster station, would be to install a check valve in a waterline that bypasses the station. This might not serve homes at the end of Bahia,but could reach a few of the homes at lower elevations. The check valve would be positioned to open when the pressure in the Bishop zone is higher than in the Alrita zone,indicating that demands in the Alrita zone have reduced the hydraulic grade below the Bishop HGL without activating the booster pumps. A sketch of one conceptual layout is provided in this proposal. We intend to investigate this alternative and other alternatives,as well. Alternative 1: Install Skid-mounted Pumps and New 1000-Gal Hydropneumatic Tank A preliminary layout of the pump station and tank is shown on the attached drawing. Preliminary pump sizes were selected by calculating the anticipated peak hourly flow under buildout conditions(approx.30 gpm from the Water Master Plan)and developing a system curve from record drawings and the Master Plan. This alternative offers the following advantages: + New hydropneumatic tank. Although the proposed tank is smaller than the existing one,it will likely provide approximately 200 gallons of active storage and is sufficient to prevent either service pump from starting more than 5 times during a peak hour(if the service pumps are operated in alternating mode). In order to remove the existing tank without using a crane,it is recommended that the City require that the tank is cut apart and dismantled in place; • New pumps will be operated from pressure in the hydropneumatic tank,similar to the current operating scheme; • Improved fire protection consistent with the City's goal of 1500 gpm without reducing the Alrita Zone residual pressure below 20 psi; • Roll-up door and overhead rail for lifting and removing pumps and/or motors; • Service pumps sized to meet peak hour demands. These pumps will be considerably more efficient at meeting regular system demands than the existing 100-gpm pumps; • Masonry building is cost-effective and will provide noise insulation; • Skid-mounted service pumps can be set near the pump station and used as a temporary water source during demolition of the existing tank. In our opinion,skid-mounted service pumps should be considered in all the alternatives since they can be used for temporary system operation during construction; • Existing 5' setback from the Laurel Lane right-of-way line can be maintained,eliminating the potential additional reviews by Architectural Review Commission. (According to City staff,violation of the setback may require ARC review.) • Crane may not be required. Potential for disturbance of overhead power and existing vegetation is minimized;and • Disturbance to existing trees could be reduced,preventing the need for additional screening. At least one other alternative would be developed for the preliminary design memorandum. Alternatives will address pump selection,hydropneumatic tank sizing,and/or variable frequency drives. The preliminary design memorandum will include lifecycle cost,construction cost,operation/maintenance issues and access,requirements for temporary/permanent easements,and constructability. Alternatives will be developed in coordination with the City project manager and system operators prior to their inclusion in the Preliminary Design Memorandum. The majority of the design work will be accomplished in Boyle's San Luis Obispo office, within three(3)blocks of City offices and easily accessible for formal/'mformal meetings and reviews with City staff. We would like to express our commitment to intimately involve City staff(both engineering and operations)during the design process. BOYLE Work Program, Continued Proiect Approach All submittals will be provided in the formats specified in the RFP. Task 1 —Preliminary Design Boyle will plan and attend a kickoff meeting with the City's project manager to discuss project approach and schedule. A preliminary design memorandum will be developed and will include the following elements: • A presentation of equipment options for the pump station,including.an evaluation of the use of variable frequency drives and/or hydropneumatic tanks. A lifecycle cost analysis will be included for comparison of the various equipment components; • Cost estimates for pump station alternatives,including both prefabricatedskid-mounted pump stations and custom systems; • An elevation view of the pump station building; • An evaluation of the existing electrical service and additional facilities required to serve the recommended pump system. Boyle's Electrical and Control System design team has provided electrical evaluation, design and upgrade of electrical and control systems for the water industry for many years. These projects have ranged from small pump stations to a 118-mgd water treatment plant. During this time we have kept abreast of codes applicable to the design of electrical for water facilities. These codes consist of the NFPA 70(National Electrical.Code)and OSHA. They also have an impressive depth of experience in water pumping stations design and construction for cities and districts throughout Southern California. We have completed similar projects for many clients in southern California. The electrical loads at the pump station will be increased from approximately 17 kVA((1) 15 hp pump and 2 kVA of miscellaneous loads)to 69 kVA((2) 3 hp pumps,(1)60 hp fire pump and 5 kVA of miscellaneous loads). This increase in horsepower will require the existing 240-volt,3-phase electrical service to be increased to a 480-volt,3-phase,4-wire electrical service. The new electrical system will consist of an outdoor electrical service meter,a portable emergency generator connection and indoor combination motor starters,lighting transformer and panelboard,and RTU control panel. Each combination motor starter will consist of HAND-OFF-AUTO and motor overloads. The 3-hp starters will include low suction pressure and high discharge pressure shutdowns. A backup pressure control system will be provided to control the fire pump in the event the RTU fails. Sufficient lighting will be provided in the pump station per the Illuminating Engineering Society(IES). A key component of this project will be to keep the water system operation during the construction of the new pump station. To accomplish this,a temporary electrical and control system will be designed as part of this project for a temporary pump station. Boyle will work closely with PG&E to have an electrical service provided that can be used to both provide temporary power to a temporary pump station as well as power to the new pump station. • Analysis of controls and instrumentation requirements,including SCADA components consistent with the City's standards.The Boyle team is experienced in the design,installation,startup and debugging of water facility control systems.They are experienced with instrumentation sensors,transmitters,control principles, Bristol Babcock RTUs,and radio systems. The existing pump station control system is standalone and is not tied into the City's existing SCADA system. An RTU will be provided at the pump station as part of this project. The RTU control panel will consist of a Bristol Babcock 3305,backup batteries and a 928/952 MHz radio system. According to the City there will be sufficient signal strength at the pump station. Control loop descriptions will be developed with an RTU block diagram to describing how the Contractor should program the RTU. The City will perform modifications to their central human machine interface computer. The following is a list of points that will be monitored by the RTU: BOYLE Work Program, Continued Digital Input • AC Power Fail • Intrusion Alarm • Pump 1 in Auto • Pump 2_inAuto • Fire Pump in Auto • Pump 1 Running • Pump 2 Running • Fire Pump Running'- Pump 1 Fail • Pump 2 Fail • Fire Pump Fail • Air Compressor Fail Digital.Output Pump 1 Call • Pump 2 Call • Fire Pump Call Analog Input • Hydropneumatic Tank Pressure • Recommendations for additional property acquisition for construction,maintenance,and/or permanent facilities,if required.(Design efforts will focus on using the available easement without requiring additional property,if feasible); • Design calculations and recommended sizes of pumps to meet domestic demands and 1500 gpm fire flow criteria; • Survey and property research,including a title report and base map(with boundary information, topography,underground/overground utilities,and structures). Review of the title report will inform the City if another easement or right-of-way conflicts with their easement; • Soil evaluation and letter report. One(1)hand-auger sample will be obtained and analyzed for suitability to support pump station building. Since we anticipate constructing a heavier building and pumps than are currently supported.by the.site,we recommend this evaluation to confirm that the onsite soil will be suitable for compaction as the subgrade for the new building.Analyzing a shallow(6-10' deep) hand auger sample is a cost-effective approach; • Development of an approach for providing temporary water service to customers during construction. Options include the use of rental pumps;the existing pumps and the proposed pump system(particularly if it is skid-mounted). As discussed above,we will consider system control and operation during construction,as well. • 10%design plans(2 sheets anticipated),including: o Site and equipment layout;and o Electrical block diagram and control schematic. The preliminary design memorandum will be presented in draft form to the City project manager for review. Upon receipt of comments,the memorandum will be finalized and.submitted to the City. Task 2—Right-of-Way Acquisition If required,Boyle will provide right-of-way acquisition services for the City. Boyle will attempt to design the pump station to eliminate the need for additional property,if feasible.. BOYLE i Work Program, Continued Task 3 -50%Submittal Progress plans and specifications will be submitted to the City project manager for review. Plans will be prepared in accordance with City Engineering Standard#9910. It is assumed the plans will include the following sheets(8 sheets anticipated): • Civil site plan and pump station layout; • Building plan and elevations; • Demolition plan; ' • Pump station elevations and details; • Building foundation plan and section; • Electrical and instrumentation site plan; • Electrical block diagram;and • Control system schematic. Technical specifications,including a performance specification for temporary water supply during construction,will also be provided to the City. Review comments will be incorporated in the 90%a submittal. Task 4—90%Submittal Construction plans and contract documents will be submitted to the City project manager for review. It is assumed the plans will include the following sheets(9 sheets anticipated): • Civil site plan and pump station layout; • Building plan and elevations; • Demolition plan; • Pump station elevations and details; • Construction details; • Building foundation plan,section,and details; • Electrical and instrumentation site plan; • Electrical block diagram and details;and • Control system schematic. Contract documents(in draft form)will also be provided to the City in accordance with City standard"boiler plate' language. A cost estimate will also be submitted. Review comments will be incorporated in the 100%submittal. Task 5— 100%Submittal Final construction documents and an Engineer's Estimate will be submitted to the City for procurement of a contractor. This submittal will include a camera-ready hard copy of all documents and electronic files in Adobe Acrobat format. Task 6—Project Management and Quality Control Boyle will provide project management services and quality control reviews during the work. Task 7—Public Meetings Boyle will attend a minimum of two(2)public meetings to discuss the progress of the project and will prepare a presentation for either PowerPoint or overhead projector. Additional Services and Information to be.Provided_by.the.City It is assumed that the following services will be provided by the City. If desired,Boyle can provide additional services to the City based on the attached Fee Schedule. BOYLE Work Program, Continued A. Engineering Standards and Standard Specifications B. AutoCAD drawing file containing the standard cover sheet and title block drawings C. "Boiler Plate"Contract Documents for the specifications and bid documents in MS Word document format D. Any maps;plans,record drawings,and survey notes in its possession which are applicable to the project E. Available pressure,flow,and usage information for the Alrita zone customers F. Review of draft submittals and access to the pump station site G. Permitting H. Fees involved with upgrading PG&E service BOYLE i EXHIBIT B — Contract Performance Conditions 1. Insurance Requirements. The Consultant shall provide proof of insurance in the form, coverages, and amounts specified in the "INSURANCE REQUIREMENTS: Consultant Services", listed below, within 10 (ten) calendar days after notice of contract award as a precondition to-contract execution. 2. Business Tax. The Consultant must have a valid City of San Luis Obispo business tax certificate before execution of the contract. Additional information regarding the City's business tax program may be obtained by calling (805) 781-7134. 3. Ability to Perform. The 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 applicable federal, state, county, city, and special district laws, ordinances,and regulations. 4. Laws to be Observed. The 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. 5. Payment of Taxes. The contract prices shall include full compensation for all taxes that the Consultant is required to pay. 6. Permits and Licenses. The Consultant shall procure all permits and licenses, pay all charges and fees, and give all notices necessary. 7. Safety Provisions. The Consultant shall conform to the rules and regulations pertaining to safety established by OSHA and the California Division of Industrial Safety. 8. Immigration Act of 1986. The Consultant warrants on behalf of itself and all subconsultants 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. 9. Consultant Non-Discrimination. In the performance of this work, the Consultant agrees that it will not engage in, nor permit such subconsultants 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. 10. Work Delays. Should the 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 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. I1. Payment Terms. The City's payment terms are 30 days from the receipt of an original invoice and acceptance by the City of the materials, supplies, equipment, or services provided by the Consultant(Net 30). 12. Inspection. The Consultant shall furnish City with every reasonable opportunity for City to ascertain that the services of the 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. 13. 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. 14. Interests of Consultant. The Consultant covenants that it presently has no interest, and shall not acquire any interest—direct, indirect or otherwise—that would conflict in any manner or degree with the performance of the work hereunder. The Consultant further covenants that, in the performance of this work, no subconsultant or person having such an interest shall be employed. The 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, the Consultant shall at all times be deemed an independent consultant and not an agent or employee of the City. 15. Hold Harmless and Indemnification. The 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 the Consultant's employees, agents or officers that arise from or are connected with or are caused or claimed to be caused by the negligent acts or omissions of or the willful misconduct of the 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 the Consultant's duty to indemnify and hold harmless shall not include.any claims or liability arising from the sole negligence or willful misconduct of the City, its agents, officers or employees. 16. Contract Assignment. The 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. 17. Year 2000 Compliance. The Consultant warrants that the goods or services provided to the City, including those provided through subconsultants, 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 1900- 1999, including leap years, will be correctly processed in any level of computer hardware or software, including, but not limited to, micro-code, 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. 18. Construction Cost Estimates. Any opinion of the construction cost prepared by Consultant represents its judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, competitive bidding, or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 19. Construction Site Conditions. City agrees that in accordance with generally accepted construction practices, the construction contractor will be required to assume sole and complete responsibility for job site conditions during the course of construction of the project, including safety of all persons and property, and that this requirement shall be made to apply continuously and not be limited to normal working hours. Consultant shall not have control over, or charge of, and shall not be responsible for construction means, methods, techniques, sequences, or procedures, as these are solely the responsibility of the construction contractor. Consultant shall not have the authority to stop or reject the work of the construction contractor. 20. Construction Contractor Insurance. City will include in the general conditions of any construction contract, language which states that the construction contractor is required to hold harmless and defend the City, Consultant, and their agents, employees, and consultants, from all suits and actions,including attorneys' fees, and all costs of litigation and judgments of any nature and description arising out of or incidental to the performance of the construction contract or work performed thereunder. The City, Consultant, their agents, employees and consultants shall also be named as additional insureds in any construction contractor's insurance policies. 21. Hazardous Materials. In providing its services hereunder, Consultant shall not be responsible for identification, handling, containment, abatement, or in any other respect, for any asbestos or hazardous material if such is present in connection with the project. In the event that City becomes aware of the presence of asbestos or hazardous material at the jobsite, City shall be responsible for complying with all applicable federal and state rules and regulations, and shall immediately notify Consultant, who shall then be entitled to cease any of its services that may be affected by such presence, without any liability to Consultant arising therefrom. 22. Reuse of Design Documents. Documents, drawings, specifications, and electronic information/data, including computer aided drafting and design ("CADD"), prepared by Consultant pursuant to this agreement are not intended or represented to be suitable for reuse by City or others on extensions of the project or on any other project. Any use of completed documents for other projects and any use of incomplete documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. City assumes full responsibility for such changes unless City has given consultant prior notice and has received from Consultant written consent for such changes. Electronic data delivered to City is for City's convenience and shall not include the professional stamp or signature of an engineer or architect. City agrees that consultant shall not be liable for claims, liabilities or losses arising out of, or connected with the decline of accuracy or readability of electronic data due to inappropriate storage conditions or durations. 23. Required Deliverable Products. The Consultant will be required to provider a. Three copies of plans and specifications addressing all elements of the work scope shall be submitted for City review at around 50% completion and at around 95% completion. City staff will review any documents or materials provided by the Consultant and, where necessary, the Consultant will be required to respond to staff comments and make such changes as deemed appropriate. b. Once accepted by the City, the Consultant shall submit: 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; one set of stamped and signed original plans and specifications; and, a complete signed Adobe Acrobat PDF file for web download. C. When computers have been used to produce materials submitted to the City as a part of the workscope, the Consultant must provide the corresponding computer files to the City, compatible with the following programs whenever possible unless otherwise directed by the project manager: • Word Processing Word • Spreadsheets Excel • Desktop Publishing Coreldraw, Pagemaker • Computer Aided Drafting(CAD) AutoCad Computer files must be on CD, formatted for use with PC systems. Each disk must be clearly labeled and have a printed copy of the directory. Alternatively, files may be e- mailed to the City. 24. Termination. If, during the term of the contract, the Consultant is not faithfully abiding by any term or condition contained herein, the City may notify the Consultant in writing of such defect or failure to perform. This notice must give the Consultant a 10(ten)calendar day notice of time thereafter in which to perform said work or undertake to cure the deficiency. If the Consultant has not performed the work or undertaken to cure 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 the Consultant to said effect. Thereafter, neither party shall have any further duties, obligations, responsibilities, or rights under the contract except, however, any and all obligations of the Consultant's surety shall remain in full force and effect, and shall not be extinguished, reduced, or in any manner waived by the termination thereof. In said event, the 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 the Consultant as may be set forth in the Agreement payment schedule;compensation for any other work, services or goods performed or provided by the 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 the Consultant be entitled to receive in excess of the compensation quoted in its proposal. INSURANCE REQUIREMENTS: Consultant Services Egr�u •tS ✓,,s..'. <,,; ;..,� y b\'ki', 'e°(" 5.`� % The Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, or subconsultants. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). 2. Insurance Services Office form number CA 0001 (Ed. 1/87)covering Automobile Liability,code 1 (any auto). 3. Workers'Compensation insurance as required by the State of California and Employer's Liability Insurance. 4. Errors and Omissions Liability insurance as appropriate to the consultant's profession. Minimum Limits of Insurance. Consultant shall maintain limits of: 1. 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. 2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 3. Employer's Liability: $1,000,000 per accident for bodily injury or disease. 4. Errors and Omissions.Liability: $1,000,000 per claim. 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 the Consultant shall procure a bond guaranteeing payment of losses and related investigations,claim administration and defense expenses. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain,the following provisions: 1. The City, its officers, officials,employees, agents and designated volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, official,employees, agents or designated volunteers. 2. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents and designated volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or designated volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3. The 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. f' 4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party or reduced in scope of coverage except after thirty (30) days' prior written notice, by certified mail, return receipt requested, has been given to the City, except ten (10) days for non-payment of premium. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A-:VII. 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. Subconsultants. Consultant shall include all subconsultants as insured under its policies or shall furnish separate certificates and endorsements for each subconsultant. All coverages for subconsultants shall be subject to all of the requirements stated herein.