HomeMy WebLinkAbout07/20/1999, C9 - CONTRACT WITH URS GREINER WOODWARD CLYDE CONSULTANTS FOR THE SALINAS RESERVOIR EXPANSION PROJECT CONT Exhibit C:Contract Performance Terms Page C-3
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.
19. Termination. If, during the term of the contract, the City determines that Consultant is not
faithfully abiding by any term or condition contained herein, the City may notify Consultant in
writing of such defect or failure to perform; which notice must give Consultant a 10 (ten)
calendar day notice of time thereafter in which to perform said work or cure the deficiency.
If Consultant has not performed the work or cured the deficiency within the ten days specified in
the notice, such shall constitute a breach of the contract and the City may terminate the contract
immediately by written notice to Consultant to said effect. Thereafter, neither party shall have
any further duties, obligations, responsibilities, or rights under the contract.
In said event, Consultant shall be entitled to the reasonable value of its services performed from
the beginning date in which the breach occurs up to the day it received the City's Notice of
Termination, minus any offset from such payment representing the City's damages from such
breach. "Reasonable value" includes fees or charges for goods or services as of the last
milestone or task satisfactorily delivered or completed by Consultant as may be set forth in the
Agreement payment schedule; compensation for any other work, services or goods performed or
provided by Consultant shall be based solely on the City's assessment of the value of the work-
in-progress in completing the overall workscope.
The City reserves the right to delay any such payment until completion or confirmed
abandonment of the project, as may be determined in the City's sole discretion, so as to permit a
full and complete accounting of costs. In no event, however, shall Consultant be entitled to
receive in excess of the compensation quoted in its proposal.
20. Ownership of Materials. All completed 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. Any re-use of such materials on extensions of this project or on another project
without Consultants written approval shall be.at the City's sole risk.
21. Release of Reports and Information. Any reports, information, data, or other material given
to, prepared by or assembled by Consultant as part of the work or services under these
specifications shall be the property of City, and shall not be made available to any individual or
organization by Consultant without the prior written approval of the City .
22. Copies of Reports and Information. If the City requests additional copies of reports,drawings,
specifications, or any other material in addition to what Consultant is required to furnish in
limited quantities as part of the. work or services under these specifications, Consultant shall
provide such additional copies as are requested, and City shall compensate Consultant for the
costs of duplicating of such copies at the Consultant's direct expense.
23. Required Deliverable Products. Consultant will provide:
a. Five copies of the final report which 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.
Exhibit C:Contract Performance Terms Page C-4
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, 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 3'/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 two public meetings to present and discuss its
findings and recommendations. Consultant shall attend as many "working" meetings with staff
as necessary in performing workscope tasks.
25. Insurance. Consultant shall procure and maintain for the duration of the contract insurance
against claims for injuries to persons or damages to property which 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
Employer's 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.
• Employers Liability: $1,000,000 per accident for bodily injury or disease.
• Errors and Omissions Liability: $1,000,000 per occurrence.
Exhibit C:Contract Performance Terms Page C-5
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
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, and employees 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 or employees.
• For any claims related to this project, Consultant's insurance coverage shall be
primary insurance as respects the City, its officers,officials and employees. Any
insurance or self-insurance maintained by the City, its officers, officials or
employees 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 or employees.
• 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 ANII.
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.
Richard Schmidt 125444247 M7120199 (92:18 PM Dill
AGENDA
RICHARD SCHMIDT DATE I - ZDV TEM # Q * 9
112 Broad Street, San Luis Obispo, CA 93405 (805) 544-4247
• 0 COUNCIL ❑CD DI
0 CAO [I FIN DIS
,July 20, 1999 VIA FAX 0ACAO ❑FIRE CHIEF
2 ATTORNEY i PW DIR
Re: Consent Items C-3 and C-9 tonight's agenda OCLRRIVORIfi 03ROECDIRLICE CHF
To the City Council: � j�o ERS D A
I request that the council remove two items from tonight's consent agenda and schedule
them for public hearings at a future date so that the public may comment fully upon
these very important issues.
Item C-3: San Luis Creek Walk
This item, for construction of a costly walkway network that will destroy the existing
natural and rustic amenities of another block-long section of our downtown creek, needs
public scrutiny and comment. The project is designed to turn yet another block of the
creek into a biological desert, and also does great damage to the wild image of our
downtown creek. As designed, its features will destroy all remaining natural habitat in
the area. Furthermore, as designed, it will make the creek inhospitable to the domestic
ducks which are such a wonderful and loved feature of the creek. (I probably know more
about the needs of such creatures than anybody else in town, having personally
stewarded a flock for the past 27 years, yet my advice how to provide for their needs
and continued habitation of this public space has consistently been shined on by staff.)
A delay of the start of construction until this project's features can be rethought and
revised is not significant in the overall scheme of things. I urge you to pull this item, and
bring it back for further modification prior to proceeding with new construction bidding.
Item C-9: Salinas Reservoir.
Apparently the city has money to burn, for to throw this quantity of money at a dead-orv-
arrival project while simultaneously pursuing other options which will render this project
unneeded is TRULY FOOLISH AND IRRESPONSIBLE. The public needs a chance to
comment on whether it is wise and prudent for the city to dump another Million $$ into
preliminary work on a project we all know will never happen.
Again, I request that this item be pulled, and scheduled for future public hearing --
unless you should be foresightful enough to just table it altogether as an unwarranted
public expenditure.
Thank you.
Richard Schmidt
RECEIVED RECEIVED
,I U L Y U 1999 •11)1. 2 n 1999
LSLO CITY CLERK SLO CITY COUNCIL
Jul-20-99 03: 26P P. 01
MEETING AGENDA
DATE ' • ITEM # G 3
Cq
a COUNCIL ❑CDr)r17
a CAO . ❑F:.
1/ACAO ❑F::
41 ATTORNEY i Pw I
To Fax: 781-7109 0 MLERT ORIG 0 HEC DIRLICE C f
From Fax: 756-5748 a� ■UTIL DIR
Ip O PERS DIR
To: San Luis Obispo City Council
From: Richard Kranzdorf
Subject: Consent Items C-3 and C-9 Date: July 20, 1999
I urge that Items C-3 — San Luis Creek Walk — and C-9 — Salinas Reservoir
— be pulled from tonight's consent agenda. Both deserve scrutiny and
careful discussion. The items should be pulled from tonight's agenda
completely and scheduled for a future Council session.
Sincerely,
clard L_L.
Kranzdorf FRECE�IVEDJ 0 199Y CLE
JUL-20-99 11 :35 AM 2827AD76�nT379�39242613 8051660950+ P. 01
MEETI`� AGENDA
DATE ITEM #__
RECEIVED
J U L Z 0 1999 i COUNCIL 000D DIR
E CAO O FIN DIA
SLO CITY CLERK ■ACAD OFDtECHIEF
■ATTORNEY O PW DIR
■CLMORIfi 0 POLICE CHF
CIFIECDI: IF:AbI,_ NUMDR
� ®IIi11.DIR
O 0 PEN DM
July 20 , 1999
City Council of San Luis Ubisvo:
I`_ is requested that Item C9 regarding the Salines Dam
be rescheduled to a later date when the citizens of the
Nortf +;ounty have been duly advised.
This should not be a consent item on today 's agenda .
Thank you for your cnnAidAratA nn and attention to this
Matter .
Sincerel .
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