HomeMy WebLinkAbout02/19/2002, 6 - GROUNDWATER STUDY counat
AD eb. 19. 2002
agenda RepoRt �Numb,
CITY OF SAN LUIS 0 B I S P 0
FROM: John Moss, Utilities Directorg m'
Prepared By: Gary W. Henderson,Water Division Manager
SUBJECT: GROUNDWATER STUDY
CAO RECOMMENDATION
1. Receive and file draft report titled "Analysis of Potential Increased Groundwater
Pumping by the City of San Luis Obispo".
2. Authorize CAO to execute agreement with Cleath and Associates for consultant services
for a total compensation not to exceed$7,500.
3. Authorize the CAO to execute contract(s) for well drilling services not to exceed
$80,000.
DISCUSSION
Background
In 1998, staff identified the need to study the San Luis Groundwater Basin to determine if
additional long-term water resources could be supplied from this source to meet the City's water
demands. The idea was to evaluate the use of the groundwater basin in conjunction with the
City's two surface water supplies to potentially increase the safe annual yield from all of the
sources. As a component of the Council's 1999-01 Major City Goal for Long Term Water
Supply Development, it was identified that the groundwater basin analysis would be completed
and presented to Council in the summer of 2000.
The City Council approved a contract with TEAM Engineering and Management to prepare an
evaluation of the potential for increasing water supplies from the groundwater basin. The study
was completed in July of 2000 and presented to Council in August. The preliminary analysis
indicated that conjunctive use of groundwater along with our surface water supplies could
increase the safe annual yield by approximately 900 acre feet per year. Based on the results of
this study, Council directed staff to prepare a contract amendment with the consultant for
additional analysis relative to potential impacts associated with increased groundwater
production. These impacts need to be evaluated prior to initiating review for CEQA related
purposes.
Phase II Groundwater Evaluation Study
The second phase of the groundwater study (draft) has been completed and involved the
development of a groundwater simulation computer model of the San Luis and Edna Valley
Groundwater Basins. The model used historic water level data from the County of San Luis
Obispo. Water level data is measured by the County every six months and the model was
calibrated with data from 1965 to 1999.
Council Agenda Report—Groundwater Study
Page 2
Following the computer model development, a number of groundwater pumping scenarios were
evaluated to determine the potential impacts associated with increased groundwater extractions.
The two areas of potential concern involve potential subsidence and flow reductions in creeks.
As discussed in the Executive Summary (Attachment 1) of the draft report titled "Analysis of
Potential Increased Groundwater Pumping by the City of San Luis Obispo" dated June 18, 2001,
the estimated potential subsidence associated with increased pumping is very small. The analysis
assumed that the City would cease pumping when water levels reached historic low levels
experienced during the drought period ending in 1991 Based on the analysis and an operation
strategy of monitoring groundwater levels to insure that levels are not drawn below historic
minimums, the potential impacts associated with subsidence are expected to be insignificant.
The potential impacts to flows in the creeks associated with increased groundwater withdrawals
were also estimated. The analysis evaluated impacts during wet, normal and dry years under
various groundwater extraction scenarios. The analysis indicates that reductions during normal
and wet years are likely not significant but impacts during dry years could be an issue. It should
be noted that the previous study revealed that the largest increase in safe annual yield through
coordinated operation with surface water supplies would require more groundwater pumping
during the dry years.
Since the model was developed and calibrated using six-month intervals, the analysis was only
able to estimate annual total reductions in streamflow (surface and subsurface) in acre feet. An
evaluation of potential impacts relative to reduced creek flows to determine significance would
require more refined estimates of flow reductions throughout the year and the timing and precise
locations of these reductions. Development of estimates for daily or monthly flow reductions
and estimates of what the historical flows would have been will require significant additional
analysis. Based on the extent of additional work required, a modified strategy for increasing
groundwater supplies,in conjunction with the Water Reuse Project,is recommended as discussed
below.
Revised Groundwater Development Strategy
The revised approach involves estimation of existing and historical groundwater production
within the basin and opportunities to exchange reclaimed water (Water Reuse Project) for
agricultural or other use, thereby offsetting the use of groundwater. These two areas may
demonstrate that the City can develop additional safe annual yield without increasing historic
groundwater withdrawals from the basin. If the annual groundwater pumping does not increase
over recent groundwater usage due to changes in agricultural practices or exchange with recycled
water,then the impacts could be deemed insignificant or would be avoided.
An agricultural site downstream of the outfall from the Water Reclamation Facility, has
historically pumped water from the creek to meet the irrigation needs for the site. The Water
Reuse Project EIR requires that a well(s) be developed to meet the irrigation needs and thereby
eliminate the direct diversion of creek flows for this purpose. If good production wells can be
r
Councfl Agenda Report—Groundwater Study
Page 3
developed in this area, there may be the potential to serve the irrigation needs of the site with
recycled water and use the groundwater to meet City potable demands.
In addition to this location, other potential wells sites will be explored and developed if well
production warrants. The agreement with Cleath and Associates includes the following services
(see Exhibit A of Attachment 2 for complete scope of services):
A. Estimate recent historic groundwater production from wells in the basin to estimate
changes due to conversion from agricultural uses to municipal/industrial uses.
B. Estimate additional quantity of groundwater that could be extracted without increasing
historic demand on the basin.
C. Identify exploratory well sites aimed at completing high production wells with
minimal impacts on San Luis Obispo Creek flows.
D. Prepare specification/scope of work for well drilling services to be included with City
Standard Specifications for bidding purposes.
E. Monitor and document well drilling activities and pumping tests at each selected site.
F. Prepare final report summarizing the results of the exploratory and well development
efforts.
The work scope identified above is expected to be accomplished during the spring/summer of
2002 and results of the investigations will be presented to Council in early fall.
Summary
Increased groundwater production, above historic pumping levels, could have potential impacts
to stream flows in the area. Since only limited historic flow information is available and
estimates of reductions in flows would be difficult to estimate, a revised strategy for developing
increased groundwater production is recommended. Cleath and Associates will evaluate recent
changes in groundwater pumping to identify areas were production has been reduced due to
improved efficiencies or changes in land use. In addition, opportunities for exchanges of
recycled water for agricultural purposes could also allow the City to increase groundwater
production without exceeding historical pumping amounts. This strategy should enable the City
to proceed with the groundwater program while avoiding potential project impacts to
streamflows.
CONCURRENCES
The Community Development Department concurs with this approach and recommendation.
FISCAL EMPACT
The recommended groundwater activities will cost $87,500 ($7;500 for consultant services and
$80,000 for well drilling). Funding is recommended to come from two sources: as the well
drilling activities support mitigation activities for the Water Reuse project, $60,000 will be
Council Agenda Report—Groundwater Study
Page 4
transferred from Water Reuse Mitigation Activities (which currently has a balance of$760,600)
to the groundwater CIP construction phase. The remaining $27,500 will be transferred from the
groundwater design budget (which currently has $50,000 available). The identified funding will
be transferred via a budget amendment request to groundwater construction.
Project Costs
Consultant Services 7,500
Well Drilling 80,000
Total Cost 87,500
Project Funding
Transferfrom
Water Reuse Mitigation Phase 60,000
Groundwater CIP-design 27,500
Transfer to
Groundwater CIP-construction _ 87,500
Total Available Fundin- 1 87,5001
ALTERNATIVES
1. Develop a strategy to proceed with a groundwater program for maximum increased
production. This alternative will require development of a request for proposals for
consultant services to provide the necessary flow rate estimates under various operation
strategies. Following estimates of potential reductions in streamflow, a biological
assessment will be necessary to quantify potential impacts in San Luis Obispo Creek.
Based on past experience with the Water Reuse Project, these studies will be difficult,
time consuming and costly. The studies and results will require consultation with
regulatory agencies such as National Marine Fisheries Service which will likely require
years of negotiation to complete. Therefore, staff does not recommend proceeding with
this alternative at this time.
2. Do not proceed with any additional work associated with increased groundwater
production. Direct staff to focus on other potential water supply projects currently under
study or evaluation and place groundwater development on hold until a future date. Since
the City has limited water available to meet projected development and the timely
completion of other water supply alternatives is questionable; staff does not recommend
this alternative.
Council Agenda Report—Groundwater Study
Page 5
ATTACHMENTS
1. Executive Summary from draft report titled "Analysis of Potential Increased Groundwater
Pumping by the City of San Luis Obispo' dated June 18, 2001.*
2. Agreement for Consulting Services with Cleath and Associates.
* Full report available in Council reading file.
Attachment 1
EXECUTIVE SummARY
The City of San Luis Obispo (City) desires to increase its groundwater pumping to
increase its overall water supplies. The City has been pumping groundwater since 1989,
but has limited its pumping in recent years due to subsidence and water quality issues.
TEAM Engineering & Management, Inc. (TEAM) has completed an analysis of the City
potentially increasing the groundwater pumping. Based on the results of a preliminary
study completed in July 2000, and the results of this analysis that included developing a
new groundwater model that was calibrated with data from 1965 to 1999, and running 36
scenarios with the calibrated model, the following can be concluded:
• In order to maintain groundwater elevations above historic minima, groundwater
pumping in dry years cannot exceed 1500 AFY..
• With regard to management of groundwater elevations, a new well in the area of
the Higuera Tank Farm is better than a new well in the Dalidio Fields area.
However, if the economics of siting a new well at the Dalidio Fields site are far
superior to the Higuera Tank Farm site, adjusting the pumping rates of the new
well can easily mitigate the associated groundwater elevation management issues.
• Any increase in City pumping will cause some decrease in. flows in San Luis
Obispo Creek. Average and wet year reductions are likely not significant. Dry
year reductions, while estimated to be hydrologically small, need to be evaluated
by a biologist to determine their significance.
• Dry year pumping between 1500 and 2000 AFY would cause San Luis Obispo
Creek flow reductions of between 700 and 1030 AFY. Dry year pumping of 1000
AFY would cause San Luis Obispo Creek flow reduction of between 535 and 682
AFY. Dry year pumping of 500 AFY would cause San Luis Obispo Creek flow
reductions of between 365 to 453 AFY. For comparison, total dry year flow in
San Luis Obispo Creek in dry years below the Water Reclamation Facility is
estimated to be about 6160 AFY.
• A City pumping strategy that relies on the groundwater basin more in dry years
than in wet years will significantly increase safe annual yield of the City's water
supply system.
• A City pumping strategy that relies on the groundwater basin more in wet years
than in dry years will result in relatively small increases in safe annual yield due
to the loss of stored surface water in those wet years.
• Estimated subsidence at these sites would range from less than 0.1 to 0.15 feet
after 35 years. This estimated subsidence assumed no historic subsidence in order
to compare the results with the historic subsidence, which was measured up to
0.78 feet, and average 0.20 to 0.25 feet, and occurred over a shorter period of
time.
• Although groundwater pumping in the Edna Sub-Basin (located northeast of the
City's wells) has been increasing since 1965, a continued increase in Edna Sub-
Basin pumping will have only minor effects to groundwater elevations in the San
Luis Sub-Basin wells.
Attachment 2
AGREEMENT
THIS AGREEMENT is trade 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 CLEATH and ASSOCIATES,hereinafter referred to as Contractor.
WITNESSETH:
WHEREAS, the City wants to explore the potential for increased groundwater production to meet City
water demands.
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:
I. 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$7500.
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 2
Agreement Page 2
7. NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage
prepaid by registered or certified mail addressed as follows:
City City Clerk
City of San Luis Obispo
990 Palm Street
San Luis Obispo,CA 93401
Contractor Cleath and Associates
1390 Oceanaire Drive
San Luis Obispo,CA 93405
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 City Administrative Officer
APPROVED AS TO FORM: CONTRACTOR
By:
i o y
Exhibit A
Cleath &Associates
Engineering Geologists r-------1
Ground Water
(805)543-1413
1390 Oceanaire Drive
San Luis Obispo
California 93405 ob•
December 20, 2001
Gary Henderson and Dave Pierce D 2 n� E 2
Public Works Department L-� V
- 0-
City of San Luis Obispo
879 Morro Street EJA4 2002
San Luis Obispo, CA 93401
CITY OF SAN LUIS OBISPO
Subject: Proposal to Perform Ground Water Consulting jervices UTILITIES DEPT
Dear Mssrs. Pierce and Henderson:
In response to your request,Cleath&Associates proposes to perform ground water consulting services
related to the impacts assessment and the development of the ground water supply facilities.
The City has indicated that additional ground water development is needed to meet future water demands.
Some ofthe potentially significant impacts resulting from additional ground water development relate to
San Luis Obispo Creek stream flow reduction,the lowering of water levels and production losses from
other wells in the vicinity and subsidence. In order to assess these impacts,it is critical to establish water
use changes with time within the area of impact. If it is shown that water use will not increase over
historic water uses, the impacts should be insignificant. Cleath & Associates will perform studies to
assess the change in water uses for the parcels in the Tank Farm Road-Buckley Road area,the Dalidio,
McBride and Gap properties and other specific properties with changed land uses adjacent to Highway
101 between Madonna Road and Los Osos Valley Road, and,compare with the proposed increase in
ground water production as part of the consulting services proposed herein.
The City of San Luis Obispo is working with property owners along San Luis Obispo Creek to reduce
their reliance on direct San Luis Obispo Creek water diversions,instead obtaining water from new wells
in the proximity of the farming activities. Cleath& Associates would work with the City to determine
where the most favorable well sites are and to assist in the design and construction and testing monitoring
of the new water wells.
SCOPE OF SERVICES
The scope of services to be provided during these ground water impact assessment.and ground water
development would involve the following tasks:
Ground Water Impact Assessment Studies
Task 1: Collect ground water information on wells in the San Luis Obispo ground water basin.
Task 2: Define the hydrogeologic setting g
C:\My DocumenCs\prcposa Ls\slopre.wpd 1 January 10, 2002
Exhibit A
Task 3: Estimate historic ground water production from wells in the ground water basin with
respect to changes in land uses as they move from agriculture and industrial uses to
commercial and industrial uses with lesser demand for agriculture.
Task 4: Establish the quantity of ground water which could be produced above the amount
currently extracted by the City of San Luis Obispo.
Task 5: Compare the historic and proposed production of ground water from the basin and
determine how much water could be produced without increasing the demand on the
resource over historic water demand.
Ground Water Development
Task 6: Reconnoiter the area downstream of Los Osos Valley Road and upstream of the Higuera
Street bridge,review existing well and boring logs and observe hydrogeologic conditions.
Task T Based on existing information prepare a map showing the extent of the alluvial basin and
the depth to bedrock specific to the site.
Task 8: Prepare a cross section across the alluvial valley characterizing the aquifers and aquitards
within the alluvial deposits in the area of potential well drilling.
Task 9: Identify where exploratory borings should be drilled to determine actual depths to
bedrock and aquifer zones. Establish a program of ground water exploration and
development aimed at completing high production wells with minimal impacts on San
Luis Obispo Creek flow.
Task 10: Prepare a simple specification and bidding document to submit to contractors for
competitive bidding.
Task 11: Assist the.City in the selection of a contractor and work out details of the drilling and
construction work.
Task 12: Monitor drilling activities and log the drilling cuttings and activities.
Task 13: Communicate with the City staff the progress of the exploration work and work with the
City staff determine which test holes should be completed into water wells.
Task 14: Inspect the construction work and monitor the pumping test activities. The contractor
would be assigned the task of running the pumping test. The City would obtain the
sample for water quality testing.
C:\My Documents\proposals\sl.opro.wpd. 2 January 10, 2002
` Exhibit A
Task 15: Prepare a report summarizing the results of the exploration and development efforts.
FEES AND CONDITIONS
The work would be performed on an hourly rate plus expenses basis in accordance to the following list
of hourly rates. For budgeting purposes,we estimate that Cleath&Associates work could be performed
for $7500.
LIST OF HOURLY RATES AND EXPENSES
HOURLY RATES
Principal Hydrogeologist $90
Associate Hydrogeologist $72
EXPENSES
Mileage $0.38/mile
Other expenses billed at cost plus 15 percent.
AGREEMENT
If this proposal meets with your approval,it may serve as the basis for agreement with your signature and
purchase order number assigned below.
Very
ytruly yours, City of San Luis Obispo
Timothy S. leath Signature and date
Purchase Order No.
C:\My DocumenLs\proposals\nlopro.wpd 3 .ianuary 10, 2002
Exhibit B
CONTRACT PERFORMANCE TERMS
1. Business Tax. Contractor must have a valid City of San Luis Obispo business tax certificate
prior to execution of the contract. Additional information regarding the City's business tax
program may be obtained by calling(805)781-7134.
2. Ability to Perform. Contractor warrants that it possesses, or has arranged through subcontracts,
all capital and other equipment, labor, materials, and licenses necessary to carry out and
complete the work hereunder in compliance with any and all federal, state, county, city, and
special district laws, ordinances, and regulations.
3. Laws to be Observed. Contractor shall keep itself fully informed of and shall observe and
comply with all applicable state and federal laws and county and City of San Luis Obispo
ordinances,regulations and adopted codes during its performance of the work.
4. Payment of Taxes. The contract prices shall include full compensation for all taxes that
Contractor is required to pay.
5. Permits and Licenses. Contractor shall procure all permits and licenses, pay all charges and
fees,and give all notices necessary.
6. Safety Provisions. Contractor shall conform to the rules and regulations pertaining to safety
established by OSHA and the California Division of Industrial Safety.
7. Public and Employee Safety. Whenever Contractor's operations create a condition hazardous to
the public or City employees, it shall, at its expense and without cost to the City, furnish, erect
and maintain such fences, temporary railings, barricades, lights, signs and other devices and take
such other protective measures as are necessary to prevent accidents or damage or injury to the
public and employees.
8. Preservation of City Property. Contractor shall provide and install suitable safeguards,
approved by the City, to protect City property from injury or damage. If City property is injured
or damaged as a result of 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.
11. Work Delays. Should Contractor be obstructed or delayed in the work required to be done
hereunder by changes in the work or by any default, act, or omission of the City, or by strikes,
fire, earthquake, or any other Act of God, or by the inability to obtain materials, equipment, or
labor due to federal government restrictions arising out of defense or war programs, then the time /
Exhibit B:Contract Performance Terms Page B-2
of completion may, at the City's sole option, be extended for such periods as may be agreed upon
by the City and the Contractor.
12. Payment Terms. The City's payment terms are 30 days from the receipt of an original invoice
and acceptance by the City of the services provided by Contractor(Net 30).
13. Inspection. Contractor shall furnish City with every reasonable opportunity for City to ascertain
that the services of Contractor are being performed in accordance with the requirements and
intentions of this contract. All work done and all materials furnished, if any, shall be subject to
the City's inspection and approval. The inspection of such work shall not relieve_ Contractor of
any of its obligations to fulfill its contract requirements.
14. Audit. The City shall have the option of inspecting and/or auditing all records and other written
materials used by Contractor in preparing its invoices to City as a condition precedent to any
payment to Contractor.
15. Interests of Contractor. Contractor covenants that it presently has no interest, and shall not
acquire any interest direct or indirect or otherwise, which would conflict in any manner or degree
with the performance of the work hereunder. Contractor further covenants that, in the
performance of this work, no sub-contractor or person having such an interest shall be employed.
Contractor certifies that no one who has or will have any financial interest in performing this
work is an officer or employee of the City. It is hereby expressly agreed that, in the performance
of the work hereunder, Contractor shall at all times be deemed an independent contractor and not
an agent or employee of the City.
16. Hold Harmless and Indemnification. Contractor agrees to defend, indemnify, protect and
hold the City and its agents, officers and employees harmless from and against any and all
claims asserted or liability established for damages or injuries to any person or property,
including injury to Contractor's employees, agents or officers which arise from or are
connected with or are caused or claimed to be caused by 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 sane; provided, however, that Contractor's
duty to indemnify and hold harmless shall not include any claims or liability arising from the
established sole negligence or willful misconduct of the City, its agents, officers or employees.
17. Year 2000 Compliance. The Contractor warrants that the goods or services provided to the
City, including those provided through subcontractors, are "Year 2000 compliant." For the
purpose of this contract, "Year 2000 compliant" means that goods or services provided to the
City will continue to fully function, fault-free, before, at and after the Year 2000, without
interruption or human intervention; and if applicable, any data outside of the date range 1990-
1999, including leap years, will be correctly processed in any level of computer hardware or
software, including, but not limited to, microcode, firmware, application programs,files and data
bases. This warranty supersedes all warranty disclaimers or limitations, and all limitations on
liability, otherwise provided by the Contractor.
Upon request by the City,the Contractor will provide the City with a description of its Year 2000
compliance strategy,or statement of why this is not relevant to contract performance.
18. Contract Assignment. Contractor shall not assign, transfer, convey or otherwise dispose of the
contract, or its right, title or interest, or its power to execute such a contract to any individual or
business entity of any kind without the previous written consent of the City. J
� r
r-
Exhibit B:Contract Performance Terms Page B-3
19. Termination. If, during the term of the contract, the City determines that Contractor is not
faithfully abiding by any term or condition contained herein, the City may notify Contractor in
writing of such defect or failure to perform; which notice must give Contractor a 10 (ten)
calendar day notice of time thereafter in which to perform said work or cure the deficiency.
If Contractor has not performed the work or cured the deficiency within the ten days specified in
the notice, such shall constitute a breach of the contract and the.City may terminate the contract
immediately by written notice to Contractor to said effect. Thereafter, neither party shall have
any further duties,obligations; responsibilities or rights under the contract.
In said event, Contractor shall be entitled to the reasonable value of its services performed from
the beginning date in which the breach occurs up to the day it received the City's Notice of
Termination, minus any offset from such payment representing the City's damages from such
breach. "Reasonable value" includes fees or charges for goods or services as of the last
milestone or task satisfactorily delivered or completed by Contractor as may be set forth in the
Agreement payment schedule; compensation for any other work,services or goods performed or
provided by Contractor shall be based solely on the City's assessment of the value of the work-in-
progress in completing the overall workscope.
The City reserves the right to delay any such payment until completion or confirmed
abandonment of the project, as may be determined in the City's sole discretion, so as to permit a
full and complete accounting of costs. In no event, however, shall Contractor be entitled to
receive in excess of the compensation quoted in its proposal.
20. Ownership of Materials. All original drawings, plan documents and other materials prepared
by or in possession of Contractor as part of the work or services under these specifications shall
become the permanent property of the City, and shall be delivered to the City upon demand.
21. Release of Reports and Information. Any reports, information, data, or other material given
to, prepared by or assembled by Contractor as part of the work or services under these
specifications shall be the property of City, and shall not be made available to any individual or
organization by Contractor without the prior written approval of the City.
22. Copies of Reports and Information. If the City requests additional copies of reports, drawings,
specifications, or any other material in addition to what Contractor is required to fumish in
limited quantities as part of the work or services under these specifications, Contractor shall
provide such additional copies as are requested, and City shall compensate Contractor for the
costs of duplicating of such copies at the Contractor's direct expense.
23. Required Deliverable Products. Contractor will provide:
a. [Number copies of the final report that addresses all elements of the workscope. Any
documents or materials provided by Contractor will be reviewed by City staff and, where
necessary, Contractor will respond to staff comments and make such changes as deemed
appropriate.
b. One camera-ready original, unbound, each page printed on only one side, including any
original graphics in place and scaled to-size, ready for reproduction.
Exhibit B:Contract Performance Terms Page B-4
C. When computers have been used to produce materials submitted to the City as a part of
the workscope, Contractor must provide the corresponding computer files to the City,
compatible with the following programs whenever possible:
• Word Processing Word
• Spreadsheets Excel
• Desktop Publishing Coreldraw,Pagemaker
• Computer Aided Drafting(CAD) AutoCad
Computer files must be on 31/2", high-density, write-protected diskettes, formatted for
use on IBM-compatible systems. Each diskette must be clearly labeled and have a
printed copy of the directory.
24. Attendance at Meetings and Hearings. As part of the workscope and included in the contract
price is attendance by the Contractor at up to number public meetings to present and discuss its
findings and recommendations. Contractor shall attend as many "working meetings with staff
as necessary in performing workscope tasks.
25. Insurance. Contractor shall procure and maintain for the duration of the contract insurance
against claims for injuries to persons or damages to property that may arise from or in connection
with the performance of the work hereunder by Contractor, its agents, representatives,employees
or sub-contractors.
a. Minimum scope of insurance. Coverage shall be at least as broad as:
• Insurance Services Office Commercial General Liability coverage (occurrence
form CG 0001).
• Insurance Services. Office form number CA 0001 (Ed. 1/87) covering
Automobile Liability,code 1 (any auto).
• Workers' Compensation insurance as required by the State of California and
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/]ocation 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
Exhibit B:Contract Performance Terms Page B-5
bond guaranteeing payment of losses and related investigations, claim administration and
defense expenses.
d. Other insurance provisions. The general liability and automobile liability policies are to
contain,or be endorsed to contain,the following provisions:
• The City, its officers, officials, employees, agents and volunteers are to be
covered as insureds as respects: liability arising out of activities performed by or
on behalf of Contractor; products and completed operations of Contractor;
premises owned, occupied or used by Contractor; or automobiles owned, leased,
hired or borrowed by Contractor. The coverage shall contain no special
limitations on the scope of protection afforded to the City, its officers, official,
employees,agents or volunteers.
• For any claims related to this project, 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.
• Contractors insurance shall apply separately to each insured against whom claim
is made or suit is brought, except with respect to the limits of the insurers
liability..
• Each insurance policy required by this clause shall be endorsed to state that
coverage shall not be suspended, voided, canceled by either party, reduced in
coverage or in limits except after thirty (30) days' prior written notice by
certified mail,return receipt requested,has been given to the City.
e. Acceptability of insurers. Insurance is to be placed with insurers with a current A.M.
Best's rating of no less than ANII.
f. Verification of coverage. Contractor shall furnish the City with a certificate of
insurance showing maintenance of the required insurance coverage. Original
endorsements effecting general liability and automobile liability coverage required by
this clause must also be provided. The endorsements are to be signed by a person
authorized by that insurer to bind coverage on its behalf. All endorsements are to be
received and approved by the City before work commences.