HomeMy WebLinkAbout04/06/2004, C2 - CONTRACT SERVICES WITH DOKKEN ENGINEERING TO PERFORM PHASE I PROJECT REPORT AND ENVIRONMENTAL DETER council M.11�
Apri16,2004
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C I T Y OF SAN LUIS OBISPO
FROM: Mike McCluskey,Director of Public Works
Prepared By: Timothy Scott Bochum,Deputy Director of Public Works
SUBJECT: CONTRACT SERVICES WITH DOKKEN ENGINEERING TO
PERFORM PHASE I PROJECT REPORT AND ENVIRONMENTAL
DETERMINATION (PA-ED) ANALYSIS OF THE LOS OSOS VALLEY
ROAD INTERCHANGE PROJECT
CAO RECOMMENDATION
Approve a contract with Dokken Engineering in an amount not to exceed $143,000 to perform
consultant services to prepare State of California Department of Transportation Phase I Project
Report and Environmental Determination (PA-ED) Analysis for the Los Osos Valley Road/US 101
Interchange project, and authorize the mayor to execute the contract.
DISCUSSION
On February 27'h, 2004 Caltrans approved the Phase I report for the Los Osos Valley Road/ JS 101
Interchange project. This report, commonly referred to as a Caltrans Project Study Report-Project
Development Study (PSR-PDS), is the initial stage of analysis in improving a location on the State
highway system.Now that this report has been approved by Caltrans,the City is able to move on to
the next stage of the Caltrans process. On August M',2003,the Council reviewed issues associated
with the PSR-PDS and reduced the number of project alternatives for the interchange project to
four. These four alternatives will now move on to the next stage of analysis.
This stage is referred to as the Project Report and Environmental Determination(PA-ED) and must
be completed prior to developing final plans, specifications and estimates for the project. Primarily
the PA-ED stage reviews final project .alternatives and makes recommendations for City and
Caltrans approval of a preferred project. An environmental determination and CEQA (and NEPA if
necessary)certification is also part of this stage of the project development process.
Staff is recommending that the consultant service agreement for this work be sole sourced to
Dokken Engineering of Rancho Cordova, California. Dokken Engineering (and their sub-
consultants) is the Engineering company that performed the PSR-PDS report for the City and is
intimately knowledgeable of the project, it's complexities and special issues, and area stakeholders.
During the selection process for the PSR project, all consultants were reviewed with an eye towards
a firm that had the capability to carry the project through to construction documents and Dokken
was noted as an excellent firm.
After lengthy discussion with the consultant team, it has been determined that the most appropriate
path at this time is to bisect the Caltrans.PA-ED process into two phases. PhaseI (the subject of this
contract) will prepare technical study reports for the four project alternatives, attempt to reduce
Contract services for the LOVR/US 101 Interchange project Page 2
those alternatives to one preferred alternative, and make a determination of the appropriate
environmental clearance for the project that will be necessary. The environmental document(Initial
Study) will be prepared and submitted to the City (Planning Commission and City Council) for its
review and approval. Once this phase is completed, a second contract to finish the. PA-ED
requirements will be pursued by the City.
Why has the decision been made to separate the normal PA-ED process into two phases?The quick
answer is to save on funding but the more comprehensive answer involves the time and work effort
needed to fully study all four altematives.and the "no project" alternatives. The consultant team felt
that some of the alternatives may drop out fairly quickly in the process of analysis. Rather than
spend time and money pursuing options that will not prevail, everyone felt it would be more
expeditious and cost effective to initially (phase I) identify alternatives that do not merit further
attention and then(phase II)fully study the best option in the final PA-ED process.
Council's role in the PA-ED process will be somewhat limited due to the nature of the Caltrans
process. Staff are members of the Caltrans' Project Development Team (PDT). As such we will be
the eyes and hears of the Council and will be there to identify and promote Council direction
received on the four alternatives that Council reviewed and forwarded onto the next stage process.
It is staff s intention that as the process moves forward we will schedule a study session to inform
and get feedback from the Council on the refined alternatives and determine if additional
improvements (such as the LOVR bypass road to Higuera) should be included in the Interchange
project. The PDT will analyze these alternatives and apply Caltrans design criteria to determine the
best project to pursue. Ultimately, the decision making process and final approval of a preferred
option will be at the discretion of Caltrans.
FISCAL IMPACT
Sufficient funds have been budgeted for this project in the FY 2003-05 CIP budget. To date a
budget of$900,000 has been established by Council for use on the project development portion of
this project. Of that amount, $189,000 was used to develop the PSR-PDS portion of the project.
ALTERNATIVES
The Council may choose to defer the development of the PA-ED portion of the project until some
future time. This alternative is not recommended, because it will delay the project and will
ultimately lead to a delay to the construction of improvements at the interchange location, which
has been identified as a major goal of the Council for the FY 2003-05 Financial Plan.
ATTACHMENTS
Attachment 1: Agreement and Scope of Work
(:\_Council Agenda Reports12004 agenda reports\Transportation and Development Review(Bochum)\LOVR Interchange PA-ED Contract.doc
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1
ATTACHMENT i
.AGREEMENT
t-'
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 Dokken Engineering,hereinafter referred to as Consultant.
WITNESSETH:
WHEREAS, the City wants to have engineering work done to perform Phase I PA-ED analysis of the Los
Osos Valley Road Interchange Project.
WHEREAS, Consultant is qualified to perform this type of service and has submitted a proposal to do so
which has been accepted by City.
NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter
contained,the parties hereto agree as follows:
1. TERM. The term of this Agreement shall be from the date this Agreement is made and entered,
as fust written above,until acceptance or completion of said services.
2. CITY'S OBLIGATIONS. For providing services as specified in this Agreement, City will pay
and Consultant shall receive therefore compensation in a total sum not to exceed$142,390.00.
4. CONTRACTOR'S OBLIGATIONS. For and in consideration of the payments and agreements
hereinbefore mentioned to be made and performed by City, Consultant agrees with City to provide services as set
forth in Exhibit.A attached hereto and incorporated into this Agreement. Consultant further agrees to the contract
performance terns 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, or his
designee. Requests for payment of"services not contained in this agreement shall.not be paid,unless prior written
approval has been received by the consultant.
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Agreement Page 2
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 Pamela K.King
City of San Luis Obispo
955 Monro Street.
San Luis Obispo,CA 93401
Contractor Dokken Engineering
140 Central Avenue
Salinas,CA 93901
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.
onatha .Lowell;City Attorney Dokken Engineering
I:\ Council Agenda Reports\2004 agenda reportsWransportation and Development Review (Bochum)\LOVR Interchange PA-ED Contract
Dokken.doc
PA&ED PHASE SCOPE
The following scope of services has been prepared for the Phase I PA&ED of the Los Osos valley Road Interchange
Project This scope was discussed with the Deputy Director of Public Works on 12112103,and 1114104. Minor
revisions were made on 7123/04. The main purpose of Phase IPA&ED is to clarify the environmental document to
be used for CEQA and NEPA clearance and focus further studies on the most viable alternatives of the 4 carried
forth in the December2003 PSR(PDS).
The major tasks to be completed in the Phase I PA&ED areas follows:
Task I—Project ManagemenvProgress Reports
Coordination —Close contact will be maintained among the Project Manager, City of San Luis Obispo, Caltrans, and
other project personnel. The Project Manager will act as the principal liaison between the City of San Luis Obispo and
our staff.
Communications—Progress Reports will be submitted monthly to City of San Luis Obispo. These progress reports will
present work progress by task. This report will include a discussion of issues requiring action/decisions which may
impact project deliverables, schedule and budget, and anticipated work for the following month. The progress report
will be submitted with the monthly invoices.
Deliverables:
• Progress Reports at the end of each month (S Total)
Task 2—Public Workshop and PDT Meetings
Task 2.1—Project Development Team(PDT)Meetings
Dokken Engineering will schedule and facilitate three PDT Meetings. Dokken Engineering will prepare the meeting
agendas, necessary exhibits and meeting minutes. Meeting minutes will be distributed to the PDT. Meetings will be
attended by Fehr and Peers and Morro Group.
Task 2.2—Public Workshop
Dokken Engineering, with sub-consultants Fehr & Peers and Morro Group, will schedule and facilitate one Public
Workshop in the City of San Luis Obispo. Comment sheets,handouts and full size wall exhibits will be prepared for the
workshop. After the workshop, Dokken will prepare a memorandum summarizing the comments received and draft
response to comments. The memorandum and response to comments will be forwarded to the City for review and
approval.Dokken Engineering will coordinate with the City to advertise the meeting.
Deliverables:
• PDT Meeting Minutes
• Comment Sheets—Public Workshop
• Full Size Wall Exhibits—Public Workshop
• Appropriate Handouts—Public Workshop
• Memorandum summarizing responses to written comments received at Public Workshop
Task 3—Environmental Document Scoping-Morro Group,Ina
Task 3.1—Environmental Document Scoping.
Mono Group, Inc. will coordinate directly with the Caltrans Local Assistance Environmental Planning Division and
attend PDT meetings to obtain consensus on the appropriate environmental documents to be prepared for this project.
Coordination with Caltrans will include an onsite field visit with a Caltrans environmental planner. Morro Group, Inc.
will assist Dokken Engineering in delineating the Area of Potential Effect(APE) encompassing Alternatives 2, 3,4, and
6.
During the scoping process,Morro Group,Inc.will prepare a flowchart of the environmental approval process in graphic
form, specific to this project. The flowchart will delineate the submittal process, required reviews, agency approvals,
and permit requirements. A full-size exhibit of the flowchart will be prepared for use during meetings and public
PA&ED Phase I Scoping for Los Osos Valley Road/US 101 Interchange D 0 K K E N
City of San Luis Obispo ®.N..;... R R N G ��
PA&ED Pk.AsE I ScoPE • • •
workshops. An Environmental Scoping Memorandum including an outline of the necessary technical studies and a
discussion of their scope will be proposed to the City and Caltrans to ensure that Alternatives 2,3,4,and 6 remain viable
as these studies are prepared. If necessary, the scope of these studies will be modified to ensure their coverage of the
possible alternatives. Implementation of identified studies is not included in this scope of work for this phase.
Task 3.2-Preliminary Study Scoping Report
Morro Group, Inc. will prepare a Preliminary Study Scoping Report including a preliminary site reconnaissance of the
APE and a detailed discussion and scope of technical studies and the permit approval process. The report will present a
recommendation for the California Environmental Quality Act(CEQA)and National Environmental Policy Act(NEPA)
environmental documents to be prepared. A draft report will be submitted to Dokken Engineering and the City for
review. Following receipt of continents,a.final report will be prepared.
Task 33-Initial Study for City Planning Review -
Morro Group, Inc. will prepare an Initial Study utilizing the City of San Luis Obispo Initial Study Environmental
Checklist Form. One form will be completed analyzing up to four alternatives (Alternatives 2, 3,4, and 6). The Initial
Study will identify potential environmental impacts, and indicate their significance. Specific mitigation measures will
not be identified during this phase.
Deliverables:
• APE Map Mark-up
• Full S&e Wall Exhibits Depicting Environmental Features and the Approval Flowchart
• Environmental Scoping Memorandum with proposed documents, approvalllowchart and technical studies.
• Preliminary Study Scoping Report
• Initial Study Environmental Checklist for City Planning
Task 4- Traffic Study-Fehr and Peers
Fehr & Peers will prepare the transportation analysis for the proposed project and project alternatives for the
reconstructed Los Osos Valley Road(LOVR)/US Highway 101 interchange.
Task 4.1-Finalize.Scope of Work
The first task will be to verify the study locations with input from the Project Development Team(PDT). We will attend
a kick-off meeting, obtain available data(see Task 4.2), and finalize the study area and analysis methodologies. Based
on the scope of the Project Study Report(PSR)traffic analysis, and our knowledge of the area,we expect to analyze the
following intersections:
1. LOVR/Auto Park Way
2. LOVR/Calle Joaquin
3. LOVR/US 101 SB Off-Ramp-Calle Joaquin
4. Calle Joaquin/US 101 SB On-ramp
5. LOVR/US 101 NB Ramps
6. LOVR/Higuera Street
7. Higuera Street/Buckley Road
8. LOVR Extension/US 101 NB Ramps(Future Intersection-Alternative 2)
9. Calle Joaquin/US 101 SB Ramps(Future Intersection-Alteinative 4)
Intersections 3 and 4 will be analyzed as one location.
The ramp influence (i.e.,merge/diverge) areas and adjacent freeway mainline segments will be analyzed.As part of this
task,we will finalize the number of interchange alternatives to be studied in detail. The scope of work currently assumes
the detailed analysis of two alternatives besides the no project condition and more general assessments of up to two
additional alternatives.
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PA&ED Phase I Scoping for Los Osos Valley Roa&VS 101 Interchange D O K K E N --
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Task 4.2—Analyze Existing Conditions
We propose to use data from the existing conditions analysis in the PSR to prepare the existing conditions section for
this study. No new counts are proposed.
As part of the kick-off meeting trip,Fehr&Peers will conduct a site visit to verify existing traffic operations at the study
locations and to verify the inventory of existing traffic control devices, lane configurations, and pedestrian and bicycle
facilities and activity.
The 2000 Highway Capacity Manual methodologies will be used to analyze existing study intersection operations,
freeway mainline, and ramp merge/diverge operations. Intersection operations will be analyzed using the Synchro 5
software package, and the Highway Capacity Software package will be used for ramp and mainline analysis. This
proposal assumes that we will use the Synchro files prepared for the Dalidio Property Annexation/Prado Road
Interchange EIR studies based on City staff direction.
Fehr & Peers will summarize traffic accident data provided by Caltrans from the Traffic Accident Surveillance and
Analysis System (TASAS), as well as SWITRS data reported by the California Highway Patrol and San Luis Obispo
Police Department.
Task 43—Develop Future Traffic Volume Forecasts
The City of San Luis Obispo has recently updated the San Luis Obispo Citywide Traffic Model (SLOCTM) using
TransCAD software with base year and General Plan buildout scenarios. Fehr & Peers will review the traffic model
including forecasts for the LOVR and Prado Road interchanges based on our recent work in the area to ensure that the
network coding within the vicinity of the interchange is accurate. We do not propose to make any modifications to the
model roadway network or land use prior to its use in developing forecasts.
Using base and future year model output, and existing counts, Fehr && Peers will develop design year (2030) traffic
forecasts for daily and PM peak hour conditions for the no project condition and for the project alternatives (# to be
determined). Forecasts will be compared to calculated annual overall growth rates for the design period to assure
reasonable projections. (The analysis will highlight the fact that the future General Plan land uses are expected to build
out at a point beyond 2030). AM forecasts will be estimated based on existing data and travel patterns. Fehr & Peers
will develop daily, morning peak hour and evening peak hour turning movement forecasts for the study intersections,
and freeway ramps and mainline sections.
Task 4.4—Analyze Future Conditions
Fehr& Peers will conduct peak hour operations analysis for each study location for 2030 conditions for the no project
and two build alternatives. The analysis will include the projected operating levels and storage lengths for vehicle
queues from the Syncbro output. Operations will incorporate minimum pedestrian crossing times at the appropriate
locations. The SimTmffic component of the Synchro software will be used to verify projected queues and identify
potential congestion points that are not apparent from the Synchro output. For specific movements, the SimTraffic
results will be compared to queues estimated by graphs published in the 2000 HCM and to queue lengths calculated
using a Poisson distribution.
Freeway operations will include projected densities for freeway and ramp analysis. The need for auxiliary lanes between
LOVR and Prado Road to the north will be identified based on the results of the operations analysis.
Fehr & Peers will identify potential operational issues for each analysis location and the implications for other multi-
modal features such as transit,.bicycles,and pedestrian travel modes. The analysis will identify modifications needed.for
each design to provide LOS D or E operations depending ca City direction.
Task 4.4a—Analyze Future Conditions for Additional Alternatives(Optional Task,authorization required)
Detailed analysis for additional alternatives will be conducted upon request as an additional service. Analyses would
include all intersection and freeway/ramp operations.
PA&ED Phase I Scoping for Los Osos Valley Road/US 101 Interchange D O K K E N
City of San Luis Obispo ENGINEERING
1 . .. . ...
t PHASE I SCOPEOFWORK .
Task 4.5—Prepare Traffic Operations Report
Fehr & Peers will document the findings from the analyses and present the draft traffic operations analysis results in a
technical report including appropriate text,graphics and tables. We will respond to comments on the report and prepare
a final traffic operations report. Any substantive changes to the draft technical analysis may require additional budget to
complete.
Deliverables:
• Draft Traffic.Operations Report
• Final Traffic Operations Report
Task S—Project Definition Support-Dokken
Task 5.1—Project Development Plan&Core Issues
Dokken Engineering will create and review with the City and PDT a project development plan specific to the uniqueness
of this project. The plan will include milestones, task sequencing,decisions required and major work efforts. The plan
will include milestones from the environmental flowchart prepared in Task 3. The plan will outline the procedure for the
City to pare down the number of alternatives,coordinate interim improvements with Caltrans,and select project features.
A technical memorandum will be prepared to summarize"core-issues"that will have a major impact on the development
of the project. Some of these issues include US-101 ramp lengths, future widening of US-101, staged construction
contracts, the Buckley connection, replacement or modification of the San Luis Obispo Creek Bridge, and coordination
with City efforts to improve drainage overflows from Prefumo Creek. These issues will be developed and discussed in
the PDT meetings and public workshop.
Task 5.2—Alternative Geometries
Dokken Engineering will refine the geometries for two alternatives in preparation for PDT Meeting discussions and
project definition. The purpose of these refinements is to understand the required on/off ramp lengths, determine the
number of design exceptions necessary with each of the two alternatives, evaluate the need for retaining walls along
Prefumo Creek and closely examine the need to replace the San Luis Obispo Creek Bridge.
Task 53—Environmental Document Support
Dokken Engineering will develop preliminary sizing of critical environmental features to assist in evaluating the
impacts of each considered alternative. Sketches of the bridge footings, box culverts,retaining walls, engineered fill
locations will be provided along with preliminary area and volume calculations.
Task 5.4—Prefumo Creek Box Culvert Study(Optional Task,authorization required)
Dokken Engineering will prepare a study of the existing and proposed Box Culverts transmitting Prefumo Creek
underneath the SB US-101 Off-Ramp and the US-101 mainline. The study will address the concepts, staging,and costs
to replace these box culverts. An advance planning study for each box culvert will be prepared.
Task 5S—San Luis Obispo Creek Bridge Study
Dokken Engineering will study the viability of making modifications to the triple arch culvert bridge over San Luis
Obispo creek. The purpose of this effort is to determine if the existing structure can be modified for use with
Alternatives 2,3,4,&6. Included in this study will be an evaluation of the viability of expanding the existing bridge to
accommodate a bike path through a fourth arch culvert.
Task 5.6—APE Limits
Dokken Engineering will work with the City and Morro Group to determine likely APE Limits which would encompass
the footprint of PSR(PDS)Alternatives 2,3,4,and 6.
Deliverables:
• Project Development Plan
PA&ED Phase I Scoping for Los Osos Valley RoadVS 101 Interchange D O K K E N /J
ENO I I.i'.E ER 1'N G!-
City of San Laos Obispo ---.....----.-------.---•r
• • i ® PHASE I SCOPEB °
• "Core Issues" Technical Memorandum
• Plan,profile, and super elevation for two alternatives, including all ramps
• Design Exceptions List
• Sketches of footings, walls and embankments for environmental support
• Area and volume calculations for footings, walls and embankments
• Prefumo Creek Box Culvert Study
• San Luis Obispo Creek Bridge Study—opportunities for modification
• APE Map
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PA&ED Phase I Scoping for Los Osos VaUey Road/US 101 Interchange ®D 0 KKE N
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PA& ED Deliverables
The following list of PA&ED deliverables was prepared to provide the City information regarding the complete list of
requirements to complete the Environmental Documents and obtain Project Approval. Public Meetings, Council
Meetings,and PDT Meetings are not listed.
Underline indicates task is for Project Approval ...
Italics indicates task is environmental
Geometric Alternatives Analysis(Finalize work done in Phase I if chanees are needed)
Striping and Access Exhibit
Construction Staging Concept
Gather and Map Utility Information _
)Hydraulic Analysis and Drainage Report
Determine Right of Way Requirements
Surveys and Mappine
Select Bridge Type for widening or replacement
Fact Sheets for Exception to Advisory and Mandatory Desian Standards—apnroved by Caltrans
Approve APE Map—may be able to achieve in this Phase I scope
Individual Environmental Studies
• Natural Environment Study(NES)and Biological Assesment(BA)
• Agriculture(If needed)
• Archaeological
• Historical
• Wetlands&Hydrology
• Noise
• Water Quality
• Air Quality
• Socioeconomic
• Hazardous Waste
Draft Environmental Documents
CEQA—IS leading to a Mitigated Negative Declaration or an EIR
NEPA—EA leading to a Finding of No Significant Impacts or EIS
Draft Proiect Report-Recommends Circulation of Environmental Document
NEPA Environmental Reviews through Caltrans/USFW31SHP0 are time consuming
Approved Environmental Document
GAD Approval
Final Proiect Report-Recommends approval of the project Approved ED is attached.
PS&E Deliverables
30%Plans and Estimate
Coordinate Utility Relocations
Materials Report and Foundation Exploration
65%Plans and Estimate
Conform Surveys
Acquire Right of Way
90%PS&E
Final PS&E
Bidding Documents
PA&ED Phase I Scoping for Los Osos Valley Roa&VS 101 InterchangeD O K K E Na_/D
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Exhibit B
CONTRACT PERFORMANCE TERMS
1. Business Tax. Consultant must have a valid City of San Luis Obispo business tax certificate
prior to execution of the contract. Additional information regarding the City's business tax
program may be obtained by calling(805) 781-7134.
2. Ability to Perform. Consultant warrants that it possesses, or has arranged through subcontracts,
all capital and other equipment, labor, materials, and licenses necessary to carry out and
complete the work hereunder in compliance with any and all federal, state, county, city, and
special district laws, ordinances, and regulations.
3. Laws to be Observed. Consultant shall keep itself fully informed of and shall observe and
comply with all applicable state and federal laws and county and City of San Luis Obispo
ordinances,regulations and adopted codes during its performance of the work.
4. Payment of Taxes. The contract prices shall include full compensation for all taxes that
Consultant is required to pay.
5. Permits and Licenses. Consultant shall procure all permits and licenses, pay all charges and
fees, and give all notices necessary.
6. Safety Provisions. Consultant shall conform to the rules and regulations pertaining to safety
established by OSHA and the California.Division of Industrial Safety.
7. Public and Employee Safety. Whenever 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. Consultant shall provide and install suitable safeguards,
approved by the City, to protect City property from injury or damage. If City property is injured
or damaged as a result of 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
Consultant began work.
9. Immigration Act of 1986. Consultant wan-ants 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. Consultant Non-Discrimination. In the performance of this work,Consultant agrees that it will
not engage in, nor permit such sub-contractors as it may employ, to engage in discrimination in
employment of persons because of age, race, color, sex, national origin or ancestry, sexual
orientation,or religion of such persons.
C.2-/Z
Exhibit B:Contract Performance Terms Page B-2
11. Work Delays. Should Consultant be obstructed or delayed in the work required to be done
hereunder by changes in the work or by any default, act, or omission of the City, or by strikes,
fire, earthquake, or any other Act of God, or by the inability to obtain materials, equipment, or
labor due to federal government 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 Contractor.
12. Payment Terms. The City's payment terms are 60 days from the receipt of an original invoice
and acceptance by the City of the services provided by Consultant(Net 60).
13. Inspection. Consultant shall furnish City with every reasonable opportunity for City to ascertain
that the services of Consultant are being performed in accordance with the requirements and
intentions of this contract. All work done and all materials furnished, if any; shall be subject to
the City's inspection and approval. The inspection of such work shall not relieve Consultant of
any of its obligations to fulfill its contract requirements.
14. Audit. The City shall have the option of inspecting and/or auditing all records and other written
materials used by Consultant in preparing its invoices to City as a condition precedent to any
payment to Contractor.
15. Interests of Contractor. Consultant covenants that it presently has no interest, and shall not
acquire any interest direct or indirect or otherwise,which would conflict in any manner or degree
with the performance of the work hereunder. Consultant further covenants that, in the
performance of this work, no sub-Consultant or person having such an interest shall be
employed. Consultant certifies that no one who has or will have any financial interest in
performing this work is an officer or employee of the City. It is hereby expressly agreed that, in
the performance of the work hereunder, Consultant shall at all times be deemed an independent
Consultant and not an agent or employee of the City.
16. Hold Harmless and Indemnification. Consultant agrees to defend, indemnify,protect and
hold the City and its agents, officers and employees harmless from and against any and all
claims asserted or liability established for damages or injuries to any person or property,
including injury to 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,provider[, 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. 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.
18, 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.
C2-/3
Exhibit B:Contract Performance Terms Page B-3
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.
19. Ownership of Materials. All original drawings, plan documents and other materials prepared
by or in possession of Consultant as part of the work or services trader 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 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.
21. 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 Contractor's direct expense.
22. Required Deliverable Products. Consultant will provide:
a. Five copies of the final report that addresses all elements of the workscope. Any
documents or materials provided by Consultant will be reviewed by City staff and,
where necessary, Consultant will respond to staff comments and make such changes as
deemed appropriate.
b. One camera-ready original, unbound, each page printed on only one side, including any
original graphics in place and scaled to size,ready for reproduction.
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
C24'�
Exhibit B:Contract Performance Terms Page BA
• 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.
23. Attendance at Meetings and Hearings. As part of the workscope and included in the contract
price is attendance by the Consultant at up to one public meeting to present and discuss its
findings and recommendations. Consultant shall attend as many "working" meetings with staff
as necessary in performing workscope tasks.
24. Insurance. Consultant shall procure and maintain for the duration of the contract insurance
against claims for injuries to persons or damages to property that may arise from or in
connection with the performance of the work hereunder by 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. Consultant shall maintain limits no less than:
• General Liability- $1,000,000 per occurrence for bodily injury, personal injury
and property damage. If Commercial General Liability or other form with a
general aggregate limit is used, either the general aggregate limit shall apply
separately to this project/location or the general aggregate limit shall be twice
the required occurrence limit.
.. Automobile Liability: $1,000,000 per accident for bodily injury and property
damage.
• Employer's Liability: $1,000,000 per accident for bodily injury or disease.
Errors and Omissions Liability: $1,000,000 per occurrence.
C. Deductibles and self-insured retentions. Any deductibles or self-insured retentions
must be declared to and approved by the City. At the option of the City, either: the
insurer shall reduce or eliminate such deductiblesor 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:
CAIIOLI IS.
Exhibit B:Contract Performance Terms Page B-5
• 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.
41 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 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 ANIL
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.
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