HomeMy WebLinkAbout04/15/2008, C11 - WATER RECLAMATION FACILITY MASTER PLAN UPDATE council April 18,2008
j agenda Repoat �H Cid
C ITY O F SAN L U I S O B I S P O
FROM: John Moss, Utilities Director
Prepared By: David Hix, Wastewater Divi on Manager
SUBJECT: WATER RECLAMATION FACILITY MASTER PLAN UPDATE
CAO RECOMMENDATION
Approve agreement with Brown and Caldwell Engineers for Updating the Master Plan for the
Water Reclamation Facility in an amount not to exceed $231,100 and authorize the mayor to
execute the agreement.
DISCUSSION
Background
In January 2003, Council approved Phase I implementation of the Water Reclamation Facility
(WRF) Master Plan by Brown and Caldwell Engineers. This phase of the master plan work was .
to determine the necessary improvements, needed to address capacity, current infrastructure
deficiencies and required process upgrades to meet regulatory requirements. During this initial
phase, significant work was completed, but ongoing regulatory uncertainty affecting selection of
treatment process, construction and design phasing, operating costs, and current facilities
remained. Additional study will be required to finalize the master plan to address these concerns
and provide a comprehensive document as a basis for design services.
Currently the Regional Water Quality Control Board (RWQCB) has deferred adoption of the
WRF's revised National Pollutant Discharge Elimination System (NPDES) permit to provide
additional time for review of the City's Use Attainability Analysis (UAA). The UAA was
prepared to determine if the WRF's receiving water, San Luis Obispo Creek, was truly a
Municipal and Domestic (MRN) water source. The MUN beneficial use designation is the driver
for the most stringent discharge requirements and would require a costly denitrification upgrade
to the WRF's major biological process. The UAA submitted by the City determined that the
creek does not meet the MUN beneficial use designation as defined by EPA criteria. The UAA is
currently under review by the RWQCB. The City and RWQCB continue to work together to
share information and work on an acceptable processing of the UAA.
While the regulatory aspect of the WRF's discharge requirement is still unknown, capacity and
aging infrastructure continue to be a major issue. Staff expects the regulatory issues to be
resolved within the next 12 to 18 months, but completion of the WRF Master Plan in preparation
for design needs to move forward given the time it takes to design and construct a project of this
nature. The completed plan will address any phasing of regulatory driven upgrades along with
the needed infrastructure and capacity improvements.
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WRF Master Plan Update Page 2
Scope of Work
After thorough analysis by staff of the master plan work completed thus far, and in consideration
of the additional issues previously discussed, Brown and Caldwell was requested to submit a
proposal that addresses the remaining issues and that will provide a complete blueprint for
design. Exhibit A to the agreement provides a comprehensive list and description of Brown and
Caldwell's services to be provided. Below is a brief synopsis:
Provide a Detailed Cost Breakdown. Two treatment process options will be considered for the
update. To ensure the most appropriate process will be recommended, a variety of factors will
need to be analyzed. Influencing factors include flow, regulatory requirements, use of current
facilities, ongoing operating costs, and continued production of high quality reclaimed water
Ability to Add Denitrification at a Later Date. In the event that denitrification is required at a
later date, what design best lends itself to addition of a denitrification process.
Future Assumptions. Review of previous design criteria and assumptions of future upgrades and
how they were incorporated into the current facility.
Consideration of Original Design Criteria. The WRF was designed to meet a variety of
discharge requirements found in its current permit. Master planning work will ensure these
criteria are still valid and are incorporated into the new design.
How Far Do We Stick with a Process Before We Make a Significant Change? The WRF has
many older treatment processes and others that are less than 20 years old. The development of
guidelines to evaluate when and how current or older processes should be replaced has been
requested to determine the most efficient use of current processes.
Recommendation. Incorporate all previous work and provide a master plan that will serve as a
guideline for design of the needed improvements.
Completion of the WRF Master Plan should take approximately 6 months. After completion,
staff will return to Council with the findings of the plan and request approval for design services
based upon those recommendations. Completion of the master plan will allow for better
definition of the design scope and costs for design. Phasing of the infrastructure and capacity
improvements may be required if the determination of regulatory requirements becomes
protracted. The phasing analysis is a key aspect of the master plan. Implementation of the
recommended improvements in the WRF Master Plan will ensure the City is able to meet its
future wastewater capacity and treatment requirements while operating in the most efficient
manner possible.
Provided below is an estimated schedule for completion of the master plan, design and
construction activities.
Fall 2008—Completion of WRF Master Plan study
Winter 2009—Request approval of WRF design services.
Spring 2009 - Award design contract
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WRF Master Plan Update Page 3
Spring 2011—Begin construction of WRF upgrades
Summer 2013 —Complete WRF upgrades
FISCAL IMPACT
Updating the WRF Master Plan will cost $231,100. Budget in the amount of $250,000 is
currently available for this study, as approved in the 2007-09 Financial Plan, Appendix B, pages
3-148 _ 3-151. Brown and Caldwell have provided preliminary estimates for construction costs
and design based upon the previously completed portions of the WRF Master Plan. Estimated
total project costs and funding sources are outlined below.
Project Phasing and Funding Sources
Projected Project Costs
To-Date 2007708 2008-09 1 2009-10 2010-11 Total
Study 190,100 250,000 440,100
Design 4,000,000 4,000,000
Construction 32,600,000 32,600,000
Construction Management 6,000,000 .6,000,000_
Total 190,100 250,000 4,000,000 0 38,600,000 1 43,040,100
Project costs that are attributable to new development in the City will be recovered through the collection
of City-wide Wastewater Development Impact Fees.
Project Funding Sources
To-Date 2007-08 2008-09 2009-10 2010-11 Total
Sewer Fund 190,100 250,000 440,100
Debt Proceeds 4,000,000 38,600,000 42,600,000_
Total 190,100 250,000 1 4,000,000 1 0 38 600,000 43,040,100
Staff will be seeking low interest financing from the State Revolving Fund (SRF) to fund design
and construction of the WRF improvement project. Completion of the project will correspond
closely with the retirement of$31.2 million in Sewer Fund debt service obligations that began in
1991 with original principal amounts including: $27.6 million for the most recent WRF upgrade
and$3.6 million for the Collections Relief Sewer Main.
ATTACHMENT
Agreement
G:\UTIL\CAR-CAO Reports\2008 Council Agenda Reports\WRF Master Plan Update CAR.doc
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Attachment 1
AGREEMENT
THIS AGREEMENT is made and entered into in the City of San Luis Obispo on
by and between the CITY OF SAN LUIS OBISPO, a municipal corporation,
hereinafter referred to as City, and BROWN AND CALDWELL ENGINNEERS, hereinafter referred to as
Contractor.
WITNESSETH:
WHEREAS, the City wants to Water Reclamation Facility Master Plan Update.
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$231,100.
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.
Attachment 1
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
Citv of San Luis Obispo
919 Palm Street
San Luis Obispo,CA 93401
Contractor Mr. Steven Esmond
Brown and Caldwell Engineers
400 Exchange,Suite 100
Irvine.CA. 92602
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
first above written.
ATTEST: CITY OF SAN LUIS OBISPO,A Municipal Corporation
By:
City Clerk David F.Romero,Mayor
APPROVED AS TO FORM: CONTRACTOR
ity Atm ey
C
Imine,California 92602 Exhibit,4
'I el:714-730-7600
Fax:714-734-0940
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\larch 14,2008
1
Arm: \1r. David C. Hix
Wastewater Division b4anager
City of San Luis Obispo
25 Prado Road
San Luis Obispo,California 93410 1012/123060.001
Subject: Proposal to Update Master Plan for Water Reclamation Facility
Dear ii\4r. Hix:
In accordance with your request, Brown and Caldwell is submitting our proposal to update the
City's Water Reclamation Facility (NRI Master Plan. This is a follow-on to our previous
master planning work performed for the City. The scope,of work and budget have been
developed from discussions with you,and your staff,over a period of several months.
'11-Lis proposal reflects our recent discussions with you and City staff The previous proposal,
dated January, 15, 2008, has been modified to eliminate the membrane bioreactor (MBR) as an
altemative for evaluation and to include a carbon footprint analysis. Attachment 1 outlines the
details of our scope of work and project schedule. Attachment 2 contains a detailed breakdown
of costs and fees.
The completion of this effort will provide the City with a final updated planning document,
containing construction cost estimates that can be used for CIP planning,budget setting,and
project funding.
Please contact me if you have any questions or comments. Brown and Caldwell appreciates this
opportunity to assist the City,and we look forward to working with you.
Very truly yours,
BROWN AND CALDWF
5i;
Steven E. Esmond, P.E.
Vice President
Encl.
17 n Cu n n ! r a r,;,
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Exhibit A
A,T T ACH �vl 'f%!T 1
CITY OF SAN LUIS OBISPO
WATER RECLAMATION FACILITY MASTER PLAN UPDATE
SCOPE OF WORK
Project Management
Brown and Caldwell will coordinate the day to day needs of the project with the members of the project team
and with the City. We xvill monitor the progress being made toward fulfilling the contract goals and
objectives and oversee the project team to complete the scope; quality,cost,schedule,and commitments
made to the City. We will submit a written report to the City on a monthly basis,along with our regular
invoices, to summarize the progress being made and identify any needs or special problems. We have
planned two formal meetings with City staff;a kickoff meeting and a meeting near the end to present
Endings,conclusions,and recommendations.
Issues
The background issues and overall objectives of this project are as follows.
A. Provide a Detailed Cost Breakdown of the Two Most Viable
Process Options
Oxidation Ditch (OD);and
° Modified Ludzack-Ettinger Process with Sludge Reaeration for Wet Weather Flows (NILE).
The membrane bioreactor IBR) option has been determined to not be viable option for the City and has
been eliminated from any further analysis.
For each process,Brown and Caldwell will conduct an analysis of:
1. Flow:impact of diurnal fluctuations,and continued practice of bypassing and blending.
2. Current Discharge Requirements: provide an analysis of impacts on plant design in anticipation of
change in discharge permit.
3. Current Facilities discussion of the implications and timing for the possible phasing out of certain
current facilities,considering the implications of SRF funding commitments.
4. Operating Costs to include operations,maintenance,laboratory staffing,with an analysis of costs versus
benefits.
5. Reclaimed Water program is expanding, and the City is committed to provide a high level of service and
water quality meeting all regulatory requirements. This analysis will evaluate any anticipated changes in
control of the production of reclaimed water,with emphasis on enhancing Eexibihn,.
Att. 1-1
Exhibit A
C City of San Luis Obispo
Scope of Work Water Reclamation Facility Master Plan Update
.............. ..........__.............
B. Ability to Add a Denitrification Process at a Later Date
Given the implementation of denitrification may not be decided for a long period of time, some reasonable
assumptions will be made as to the impact of incorporating future changes in the process to meet a total
nitrogen limit of 10 mg/l.
C. Future Assumptions when the WRF was Designed
Review of previous process design criteria, assumptions for future process upgrades or-changes,and how
they were incorporated into the Current design. Discuss the pre-design assumptions and how they were
incorporated into the design of the existing facilin.
D. Consideration and Discussion Regarding the Original Design Criteria
The original design criteria were developed to meet many of the discharge requirements in the current
discharge permit. For example, 'NIBAS,color and turbidity were drivers for the current design. Elaborate on
these issues for the purpose of establishing a context for any future changes.
E. How Far Do We Stick With a Process Before we Decide to Make a
Significant Change?
The\XrRF contains a mix of both old and relatively new treatment processes. Develop general guidelines on
when and how older or outdated treatment processes should be replaced.
F. Recommendation with Supporting Discussion and Analysis
Prepare a report summarizing the foregoing analyses,and outlining specific recommendations as to how they
could be implemented.
Project Tasks
Each of the issues previously discussed will be addressed in the preparation of the project tasks listed below.
Task I - Overview of Current Discharge Requirements
This task will address Issues A-2, C,.and D,and will involve a detailed review of the City's permit. Additional
discussions will be undertaken with the Regional Board as needed.
Task 2 - Considerations for Future Treatment Requirements and
Treatment Objectives
This task will address Issues A-1,A-5, B,and C.The plant is currently allowed to by-pass nitrification and
filtration processes during wet weather events.The future viability of continuing this practice will be
investigated. In addition,nitrogen removal appears to be potentia4 likely at some point in the future. The
expected level of nitrogen removal will be discussed and evaluated. For the reclaimed water,discussions with
City staff will be conducted to determine future recycled water needs and objectives. In addition,disinfection
by products (DBPs), metals,contaminants of emerging concern (CLC) and endocrine disrupting compounds
(EDCs) will also'be addressed.
Att. 1-2
ell
Exhibit A
City of San Luis Obispo
Scope of Work Water Reclamation Facility Master Plan Update
Task 3 - Development of a Design Basis for Future Facility
This task will feature-t discussion of Issues C and D. Original design criteria will be revisited and updated as
appropriate to develop a dc-sign basis for the future faciUry. In addition, the anticipated treatment objectives
will be finalized as evaluated in Task I and Task 2.
Task 4 - Overview of Existing Facilities
This task%vi-11 address Issue A-3. The existing facilities will be evaluated to determine if any can be retained for
the future plant. If they can be retained, they will be incorporated (if it is beneficial) for the design of each
Alternative.
Task 5 - Description of Two Alternatives
This task will address Issue E. Each Alternative will be presented. Explanation as to why these two
technologies are appropriate for the future will be provided.
Task 6 - Conceptual Design for Each Alternative
This task addresses Issue A. Using the design basis and treatment objectives from Task 3 and the results of
the overview of existing facilities in Task 4,a conceptual design will be performed for each Alternative.
Task 7 - Capital and O&M Cost Estimate
This task addresses Issue A, specifically A-4. A planning level capital and O&ANI cost estimate will be
performed for each Alternative. The total costs for each"Viternative will be compared.
Task 8 - Carbon Footprint Analysis
I
For this task an analysis of the two options will be performed in terms of carbon footprint.The objective of
this task will be to estimate the difference in green house gas (GHG) emission between the two options. Only
GHG production relating to operations will be quantified,emissions from construction will not be addressed.
The analysis will consider GHG formation resulting from energy,use,sludge production and potential for
energy recovery from anaerobic digestion.
Task 9 - Recommendations
This task will address Issue F. The results of the cost estimate will be summarized,and a recommendation
will be made for the selected alternative. This task will describe how to implement the selected alternative,
whether in phases or at once,and how this will impact the overall\XTRF.
Task 10- Update Master Plan
Recommendations and findings developed in this project will be incorporated into the previously completed
planning work for the\XTRF. The previous work will be revised,edited,and updated as necessary to produce
a Nfaster Plan doc=ent to be used as a guideline for future improvements.
Schedule
Brown and Caldwell estimates a performance period of six (6) months to complete this work.
Att. 1-3
4i/-9
Exhibit A
" TiACHMENT 2
CITY OF SAN LUIS OBISPO
WATER RECLAMATION FACILITY MASTER PLAN UPDATE
FEE BREAKDOWN
Task Name Hours Rate BC Fee APC Total BC Fee
1.Overview of current discharge
requirements Esmond 8 @ $ 244 $ 1,952 $ 48 $ 5,768
Appleton 4 @ $ 188 $ 752 $ 24
Merlo 16 @ S 181 $ 2,896 $ 96
2. Considerations for future Esmond 10 @ S 244 $ 2,440 $ 60 $ 36,032
treatment requirements and Appleton 12 @ $ 188 S 2,256 S 72
treatment objectives Merlo 32
@ $ 181 $ 5,792 $ 192
Melcer 16 @ $ 244 $ 3,904 $ 96
Cilic 50 @ $ 140 $ 7,000 $ 300
Malik 4 @ S 244 $ 976 S 24
Parker 4 @ $ 256 $ 1,024 S 24
Bellows 40 @ $ 244 $ 9,760 $ 240
Anderson 8 $ 228 $ 1,824 $ 48
3.Development of a design
basis for future facility Esmond 8 @ $ 244 $ 1,952 $ 48 $ 17,436
Appleton 4 @ $ 188 $ 752 $ 24
Merlo 20 @ $ 181 $ 3,620 $ 120
Cilic 20 @ $ 140 $ 2,800 $ 120
Malik 32 @ $ 244 $ 7,808 $ 192
4.Overview of existing facilities Esmond 8 @ $ 244 $ 1,952 $ 48 $ 15,274
Appleton 4 @ $ 188 $ 752 $ 24
Merlo 30 @ $ 181 $ 5,430 $ 180
Cilic 40 @ $ 140 $ 5,600 $ 240
Parker 4 @ $ 256 $ 1,024 $ 24
5.Description of 3 Alternatives Esmond 3 @ $ 244 S 732 $ 18 $ 2,828
Appleton 3 @ $ 188 $ 564 $ 18
Merlo 8 @ $ 181 $ 1,448 $ 48
6.Conceptual design for each
Alternative Esmond 3 @ $ 244 $ 732 $ 18 $ 34,520
Appleton 3 @ $ 188 $ 564 $ 18
Merlo 12 @ $ 181 $ 2,172 $ 72
Cilic 32 @ $ 140 $ 4,480 $ 192
Fonda 26 @ $ 188 $ 4,888 $ 156
Anderson 54 @ S 228 $ 12,312 $ 324
Schafer 12 @ $ 244 $ 2,928 $ 72
Schettler 6 @ $ 211 S 1,266 $ 36
Karimi 26 @ $ 159 S 4,134 S 156
Att. 2-1
Exhibit A
C City of San Luis Obispo
Scope of Work Water Reclamation Facility Master Plan Update
Task Name Hours Rate. BC Fee APC Total BC Fee
7.Capital and 0&M cost
estimate Esmond 12 @ S 244 $ 2,928 S 72 $ 18,168
Appleton 12 @ S 188 $ 2,256 S 72
Cilic 72 @ $ 140 S 10,080 $ 432
Matthews 12 @ $ 188 S 2,256 $ 72
8.Carbon Footprint Analysis Esmond 2 @ $ 244 $ 488 $ 12 $ 16,736
Merlo 60 @ $ 181 $ 10,860 $ 360
Parker 8 @ $ 256 S 2,048 $ 48
Cilic 20 S 140 $ 2,800 $ 120
9.Recommendations Esmond 40 @ $ 244 $ 9,760 S 240 $ 26,900
Appleton 10 @ $ 188 $ 1,880 S 60
Merlo 80 $ 181 $ 14,480 $ 480
10.Finalize Master Plan
Document Esmond 40 @ $ 244 $ 9,760 $ 240 $ 31,496
Anderson 24 @ $ 228 $ 5,472 $ 144
Citic 60 @ $ 140 $ 8,400 S 360
Admin 80 @ $ 83 $ 6,640 S 480
11.Project Management Esmond 40 @ $ 244 $ 9,760 $ 240 $ 25,900
Anderson 40 @ $ 228 $ 9,120 S 240
Admin 60 @ $ 83 $ 4,980 $ 360
Travel $ 1,200
Totals1234 $ 223,654 $ 7,404 $ 231,058
i
Att. 1-2
Exhibit B
Exhibit B
CONTRACT PERFORMANCE TERMS
-77=-T= r
70
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. Abilityto Perform. Contractor warrants that it possesses, or has arranged through subcontracts,
C
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 Contractor's operations, it shall be replaced or restored at Contractor's
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.
H. 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
Exhibit B
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 everyreasonable 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 the acts 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. 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.
18. 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
611-13
�\I ( Exhibit B
Exhibit B:Contract Performance Terms Page B-3
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.
19. 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.
20. 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.
21. Copies or 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.
22. Required Deliverable Products. Contractor will provide:
a. Four 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.
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 BM-compatible systems. Each diskette must be clearly labeled and have a
printed copy of the directory.
ell /Y
Exhibit B
Exhibit B: Contract Performance Terms Page B-4
23. Attendance at Meetings and Hearings. As part of the workscope and included in the contract
price is attendance by the Contractor at up to one 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.
24. 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 I (any auto).
• Workers' Compensation insurance as required by the State of California and
Employer's 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.
• 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 Contractor shall procure a
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.
Exhibit B
Exhibit B:Contract Performance Terms Page S-5
• For any claims related to this project, Contractor'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 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 ANIL
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.