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HomeMy WebLinkAboutStaff Report Item 10 07/17/2000r..:.,; Ci1'1' OF PETALU741A, CALIF • _' ;: ..t AGENDA Agenda Title: WATER CONSERVATION PROGRAM Meetin A) Resolution authorizing appropriation using revenue from the Sonoma County Water Agency Date: for the City of Petaluma Water Conservation Program for 2000/2001, B) Resolution authorizing 7/17/00 the City Manager to enter into an agreement for funding and administration of the Petaluma Water Conservation Program for 2000/2001 with the Sonoma County Water Agency, C) Resolution approving a professional services agreement for furnishing materials and services for the City of Petaluma Residential Evapotranspiration (ET) Pilot Program with CTSI Corporation, D) Resolution approving a professional services agreement for furnishing materials and services for measuring the water savings potential of waterless urinals, with Pacific Technology Associates. E) Resolution approving a professional services agreement for furnishing materials and services for the production of water conservation videos with the Council for Community Television Department: Water Director: Contact Person: Phone Number: Resources &_Aas 'SiHargis Steve Simmons 778-4392 Conservation �)_ Cost of Proposal: $753,000 v Account Number 601 -400 - Amount Budgeted: $753,000 9931-7104 - $364,000; Sonoma County Water Agency Amendment #10 Funds - $389,000 Name of Fund: Attachments to A2enda Packet Item: 1) Petaluma Resolution No. 98-238 N.C.S. of the City of Petaluma, California, 2) Agreement for Funding and Administration of the Petaluma Water Conservation Program for 2000/2001 with the Sonoma County Water Agency, 3) Professional Services Agreement for the Residential Evapotranspiration (ET) Pilot Program with CTSI Corporation, 4) Professional Services Agreement for Measuring the Water Savings Potential of Waterless Urinals with Pacific Technology Associates, 5) Professional Services Agreement for the Production of Water Conservation Videos with the Council for Community Television, 6) Appropriation using revenue from the Sonoma County Water Agency for the City of Petaluma Water Conservation Program for 2000/2001 Summary Statement: The City of Petaluma Water Conservation Program for Budget Year 2000/01 prepared by the Sonoma County Water Agency consists primarily of voluntary, incentive -based water conservation programs. The use of voluntary conservation programs allows for community involvement and education to achieve water resource management without high levels of mandatory regulation. City Water Conservation Programs include: 1) Residential and Non-residential Toilet Replacement Programs, 2) Residential Water Management Program, 3) Non-residential Landscape Water Audit and Incentive Program, 4) Landscape Water Conservation Ordinance and Water -waste Reduction Program, 5) Commercial/Industrial Water Survey and Incentive Program. The City of Petaluma FY 2000/01 Capital Improvement Plan — Water System improvements — Project #9931 for water conservation service to implement measures that will reduce the amount of water used by the customers of Petal mia's Water utility System, as well as reduce the amount of water discharged to Petaluma's Wastewater Treatment and Disposal System, Council Priority: THIS AGENDA ITEM IS CONSIDERED To BE PART OF, OR NECESSARY TO, ONE OR MORE OF THE 1999-2000 PRIORITIES ESTABLISHED BY THE CITY COUNCIL ON JANUARY 30, 1999 AND MARCH 18, 2000. #3 COMPLETE WASTEWATER FACILITY PLAN PROCESS Priority(s): Water Conservation Supply Issues Recommended City Council Action/Su 2ested Motio uiions as listed above. Reviewed by Finance Director Reviewed by Cit}= Attorn,(* _Adap)-oved by City Manner: (�q1 Date: r'h) Date: Today's Date: 6/20/00 Revision # and Date Revis$d5: ile Code: SiwR&C/AGENDA/ 41, 6/29/00 # YR 20001 SCWA - CONSERVATION PROGRAM 7-1740/SB CITY OF PETALUMA, CALIFORNIA JULY 17, 2000 AGENDA REPORT FOR WATER CONSERVATION PROGRAM A. RESOLUTION AUTHORIZING APPROPRIATION USING REVENUE FROlY€ THE SONOMA COUNTY WATER AGENCY FOR THE CITY OF PETALUMA WATER CONSERVATION PROGRAM FOR 200012001, B. RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT FOR FUNDING AND ADMINISTRATION OF THE PETALUMA WATER CONSERVATION PROGRAM FOR 2000/2001 WITH THE SONOMA COUNTY WATER AGENCY, C. RESOLUTION APPROVING A PROFESSIONAL SERVICES AGREEMENT FOR FURNISHING MATERIALS AND SERVICES FOR THE CITY OF PETALUMA RESIDENTIAL EVAPOTRANSPIRATION (ET) PILOT PROGRAM WITH CTSI CORPORATION, D. RESOLUTION APPROVING A PROFESSIONAL SERVICES AGREEMENT FOR FURNISHING MATERIALS AND SERVICES FOR 1AEASURING THE WATER SAVINGS POTENTIAL OF WATERLESS URINALS WITH PACIFIC TECHNOLOGY ASSSOCIATES E. RESOLUTION APPROVING A PROFESSIONAL SERVICES AGREEMENT FOR FURNISHING MATERIALS AND SERVICES FOR THE PRODUCTION OF WATER CONSERVATION VIDEOS WITH THE COUNCIL FOR COMMUNITY TELEVISION Executive Surnmarv: The City of Petaluma Water Conservation Program for Budget Year 2000/01 prepared by the Sonoma County Water Agency consists primarily of voluntary, incentive -based water conservation programs. The use of voluntary conservation programs allows for cornmunity involvement and education to achieve water resource management without high levels of mandatory regulation. City Water Conservation Programs include: A Residential and Non -Residential Toilet Replacement Programs 0 Residential Water Management Program e Non -Residential Landscape Water Audit and hlcentive Program A Landscape Water Conservation Ordinance and Water -Waste Reduction Program 0 Commercial/Industrial Water Survey and Incentive Program The City of Petaluma FY 00/01 Capital Improvement Plan - Water System Improvements - Project #9931 for water conservation service to implement measures that will reduce the amount of water used by the customers of Petaluma's Water Utility System, as well as reduce the amount of water discharged to Petaluma's Wastewater Treatment and Disposal System. Backeround: This project will develop and implement various programs to reduce the amount of water used by the customers of Petaluna's Water Utility System, as well as reduce the amount of water discharged to Petaluma's Wastewater Treatment and Disposal System. An estimated $2,780,083 of finding will be available from 1998 through 2009 to the City of Petaluma (City) for water conservation measures and water reuse programs. These funds are identified in Petaluma's portion of the Sonoma County Water Agency's Draft Water Conservation Plan with the goal to reduce water demands on the transmission system. SCWA staff will be working closely with City to administer the water conservation programs listed below. Toilet Replacement Program For Non -Residential Customers, In 1997, the City initiated a Non -Residential Toilet Replacement Program with the goal to replace 50% or 1,825 high-water using toilets with new water -conserving fixtures in industrial, commercial, and institutional facilities. To date 861 toilets have been replaced at a cost of $311,187 or $361 per toilet. The annual water savings of the 1,825 toilet replacements is estnnated to be 62.3 acre-feet per year (AFY). Toilet Replacement Program for Residential Customers- In 1999, the City initiated a Residential Toilet Replacement Program with the goal to replace 25% or 7,039 gravity -flush toilets in residential dwellings. The water savings is estimated to be 86.7 AFY. A Special Event Fund Raiser kicked off the first year of the Residential Toilet Replacement Program, replacing 957 high -water -using toilets. Free -of -charge, 1.6 -gallon -per -flush toilets, faucet aerators, and low -flow showerheads (fixtures) were given to residential water customers during one weekend in September 1999. The City donated $15 per toilet to Casa Grande and Petaluma High Schools for working with the City on this program. Water Management Program for Residential Customers- A water management program will be developed to assist Petaluma's residential customers with water conservation and reducing peak water use. An extensive public information outreach program will be developed and implemented dining the irrigation season. A pilot ET satellite controller program for up to 50 residents with large landscapes will be implemented. A California Irrigation Management Information System (CIMIS) weather station was installed at the Rooster Run Golf Course in 1999. This station provides the evapotranspiration data needed to develop and implement the irrigation management program. Landscape Water Audit & Incentive Program for Non -Residential Customers - The City of Petaluma is implementing a Landscape Water Audit and hicentive Program for non-residential water customers. The program includes: Local ET Data A California Irrigation Management Inforniation System (CIMIS) weather station was installed within the City limits. This CIMIS weather station provides the evapotranspiration data needed to develop irrigation schedules for the Landscape Water Audit and Irrigation Incentive Programs. Education A Cal Poly instructor conducted a two-day training session for the City of Petaluma landscape staff, Water Department staff, Landscape Assessment District contractors and local school district landscape staff. The training session helped prepare the landscape professionals to perform site inspections, evaluate irrigation systems, and develop efficient irrigation schedules for drip, bubbler, microspray and sprinkler systems. The majority of the course was spent in the field performing "landscape audits" and at the computer generating irrigation schedules with the audit software. Landscape Water Audit Pro aram The Landscape Water Audit included an inventory of sprinklers on each valve/circuit and catch -can tests to determine the precipitation rate and distribution unifonmity of the sprinklers. The catch can volumes were measured, recorded and entered into software developed by the Irrigation and Training Research Center of Cal Poly. A report was prepared for the program participant with a proposed irrigation schedule for turf areas, based on Petaluma's evapotranspiration (ET). Irrigation/controller plans were also provided that identified the location of the sprinklers on each valve, their respective precipitation rates and distribution uniformity. Irrieation Incentive Proara m A customized Irrigation Incentive Program was developed to assist non-residential water customers in improving the efficiency of their sprinkler systems. The City will pay for a portion of the labor and material costs of the irrigation equipment that will improve water use efficiency of existing irrigation systems. Hill Plaza Park was the first program participant. Landscape Water Conservation and Water -Waste Reduction Ordinances - A new Landscape Water Conservation Ordinance is being developed by the City and shaped by community leaders. The purpose of the ordinance is to promote efficient water use through landscape design and irrigation management. Based on a water budget, or water allowance, irrigation water is used to maintain a healthy, attractive and functional landscape for each business. The ordinance applies to • All new and rehabilitated industrial, coimriercial, and institutional landscaping. • All new and rehabilitated multi -family common areas after the installation or renovation of the irrigation system. • Turf areas of school -yards, parks, playgrounds, sports fields, cemeteries and golf courses will need to follow efficient irrigation practices. A Water Waste Reduction Ordinance is being developed to address opportunities for water savings and to identify nonessential uses: • The washing of sidewalks and other hard -surfaced areas by direct hosing. • Water leaks. • Excessive run-off of irrigation water and over spray. • Washing machinery directly with a hose not equipped with a shutoff nozzle. • Water for non -recycling decorative water fountains. • Intentional disposal of debris into stonn drains is prohibited. Commercial/Industrial Water Survey and Incentive Program - In 1997, the City initiated a 10 -year Commercial/Industrial Water Survey and Incentive Program with the goal to obtain 10% participation and achieve a 10 acre-feet per year (AFY) estimated water savings. During the first two program years a customized Commercial/Industrial Water Survey and Incentive Program was developed for Mishi Apparel, Inc. The Bay Institute of San Francisco worked on Petaluma's programs from grant funds awarded by the Rose Foundation for Communities and Environment. Mishi Apparel is implementing the water efficiency reconniendations in phases. They are currently in the first phase which includes replacing existing washing machines with front- loading, horizontal axis machines. hi early 2000, a second demonstration site, Sola Optical USA, Lac., was selected for the program. Sola Optical manufactures approximately 1/3 of all ophthalmic lenses worn in the United States. The Pacific Technology team is currently purchasing instrumentation equipment (clamp -on flowmeters, associated data loggers, and related data integration services) and performing an extensive water efficiency evaluation including: • Developing a dynamic water balance for the plant, including indoor and outdoor uses. There is currently a single City water meter for all uses. • Evaluating the water use in cast -cleaning, coating and edging processes. • Evaluating potential water efficiency improvements. The Pacific Technology team estimates that together, the two demonstration projects (Mishi Apparel, Inc. and Sola Optical USA, Inc,) will save 11 acre-feet per year. This estimated savings is as much water as was predicted for the entire first -generation Commercial/hndustrial Survey and Incentive Program proposed for Petaluma in the Montgomery Watson Report of 1995. Alternatives: The program could be modified or other programs could be considered such as; mandatory at - time -of sale water conservation requirements, tiered water rate structure and/or a project to install a pipeline and distribution system for the urban reuse of wastewater. Financial Impacts: The source of finds for the Petaluma Water Conservation Program for 2000/01 are: Sonoma County Water Agency Amendment #10 $389,000 City Water Pollution Control Funds $364.000 Total $753,000 Conclusion: The City of Petaluma should continue to expand water conservation programs in order to preserve and protect existing water resources, to improve the likelihood that additional water resources will be available in the future and to help defer capital costs for expansion of City water and wastewater facilities. Outcomes or Performance Measurements that will Identitv Success or Completion: Performance measures that will identify the success of the City of Petaluma's on-going water conservation prograni include: A. There are 964 high-water using toilets in industrial, commercial, and institutional facilities left to replace to accomplish the City replacement goal by the year 2008. B. There are 6,086 high-water using toilets in residential dwelling remaining to replace to accomplish the City replacement goal by the year 2008. C. Implement a pilot ET Paging Controller program for up to 50 residents with large landscapes. D. Perforin up to 20 landscape water audits and prepare monthly reviews that compare the site's water use with ET. E. Present the Landscape Water Conservation and Water -Waste Reduction Ordinances to the City Council. F. Test the water saving potential of waterless urinals in non-residential facilities. G. Expand the Cormnercial/Industrial Water Survey and Incentive Program to an additional demonstration site. Recommendation: A. Authorize the City Manager to enter into a Cooperative Agreement for Funding and Administration of the Petaluma Water Conservation Program for 2000/01 with the Sonoma County Water Agency. B. Authorize the City Manager to enter into a Professional Services Agreement for furnishing materials and services for the Residential ET Controller Pilot Program with CTSI Corporation. C. Authorize the City Manager to enter into a Professional Services Agreement for Furnishing Materials and Services For Measuring The Water Savings Potential Of Waterless Urinals, with Pacific Technology Associates. A. Authorize the City Manager to enter into a Professional Services Agreement for the Production of Water Conservation Videos with the Council for Community Television. D. Authorize appropriation using revenue from the Sonoma County Water Agency For the City of Petaluma Water Conservation Program for 2000/2001. PETALUMA RESOLUTION NO. 98-238 N.C.S. OF THE CITY OF PETALUMA, CALIFORNIA Resolution No. 88-238 N.C.S. of the City of Petaluma, California RESOLUTION OF THE CITY OF PETALUMA TO AUTHORIZE THE CITY MANAGER TO ENTER INTO A COOPERATIVE AGREEVIENT WITH THE SONOMA COUNTY WATER AGENCY TO FUND AND ADVHNISTER THE CITY OF PETALUMA'S FY 98-99 WATER CIP PROTECT 99931 FOR NATER CONSERVATION WHEREAS. the City of Petaluma recognizes that water is an essential and limited resource; and WHEREAS, the City of Petaluma has a 5 year Capital Improvement Plan (CIP) for Water System Improvements which includes Project 99931 for water conservation; and WHEREAS, the City of Petaluma is a prime contractor of the Sonoma County Water Agency (SCWA) and wishes to cooperate with the SCWA to implement programs designed to conserve water; NOW, THEREFORE, BE IT RESOLVED the Petaluma City Council authorizes the City Manager to enter into a cooperative agreement with the SCWA to fund and administer programs included in the FY 98-99 Water CIP Project 99931 for Water Conservation and as might be amended by the City Council. 5:VnyG1es\nW98-doc Under the newer and authority conferred upon this Council by the Charter of said City. REFERENCE- f hereby certify the foregoing Resolution was introduced and adopted by the Approved as to Council of the City of Petaluma et a (Regular) Fliu}dumEdy^tl) meeting form on the--4.GIla_...... _... day of ......... N.oxelnlzer_—_.— ......... ._, t999 by the following vote: y ?.fro[acy— AYES: Torliatt, Read, Vice Mayor Maguire, Mayor Hilligoss NOES: None ABSENT: Keller, Hamilton (one Be vacant by resignation of Stomps) ATTEST: �.. - CirY Clerk ( vit E bisYor--- CS,mcil RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT FOR FUNDING AND ADMINISTRATION OF THE PETALUMA WATER CONSERVATION PROGRAM FOR 2000/2001 WITH THE SONOMA COUNTY WATER AGENCY RESOLUTION APPROVING A PROFESSIONAL SERVICES AGREEMENT FOR FURNISHING MATERIALS AND SERVICES FOR THE CITY OF PETALUMA RESIDENTIAL EVAPORTRANSPIRATION (ET) PILOT PROGRAM WITH CTSI CORPORATION PROFESSIONAL SERVICES AGREEMENT Furnishing Materials and Services for the Citv of Petaluma Residential Evapotranspiration (ET) Pilot Program (Title of Project) (Project Account Code No. 601-400-9931-7104) THIS AGREEMENT is made and entered into this 15`h day of August . 2000, by and between the City of Petaluma, a Municipal Corporation and a charter city (hereinafter referred to as "City") and CTSI Cornoration, 1595 E. Francisco Blvd.. Ste. C. San Rafael. CA 94901. (hereinafter referred to as "Consultant"). The parties hereto enter into this Agreement for the purpose of Consultant providing professional services to City Linder the following terms and conditions: In consideration hereof, and the mutual promises, contained herein, the parties agree as follows: 1. Consultant shall provide the services described in Exhibit "A" attached hereto and incorporated herein by reference. 2A. City shall compensate Consultant for services rendered hereunder under the following terms: Compensation shall equal the budget listed for each task described in Exhibit «A» 2B. Notwithstanding any provision herein, Consultant shall not be paid any compensation until such time as Consultant has on file with the City Finance Department current information requested on the "Vendor Information" form available from the City, and has obtained a currently valid Petaluma Business Tax Receipt pursuant to the Petaluma Mmucipal Code. 2C. The Consultant is also required to have paid the appropriate business tax and have a currently valid Petaluma Business Tax Receipt pursuant to the Petaluma Municipal Code. 2D. In no case shall the total contract compensation exceed Fortv-Five Thousand Dollars ($45,000.00) without prior written authorization of the City Manager. Further, no compensation for a section or work program component attached with a specific budget shall be exceeded without prior written authorization of the City Manager. With every monthly invoice, a brief narrative shall be provided by Consultant along with a revised schedule of progress and supporting materials. 6/1/00 Services performed by Consultant to City which exceed those services described in Section 1 herein, shall be considered "extra work." Extra work shall only be performed by Consultant upon prior written authorization of the City Manager. Consultant shall be compensated for extra work at the following rates: Program Manager n 580.00/hour, Administration n, $30.00/hour. 4. Use Section 4(a) or 4(b). (a) The term of this Agreement commences on August 15, 2000, and ends on December 31, 2001. However, either party may terminate this Agreement upon providing the other party ten (10) days' written notice of such termination, given in the manner provided in Sections 6 and 11 herein. (b) Consultant shall commence work upon receipt of written direction to proceed from City. Consultant shall perform the work described herein, in accordance with the following schedule: Service Completion Date Consultant represents that Consultant possesses distinct professional skills in performing said services. City has relied upon said representations as a material endorsement to enter into this Agreement. Consultant shall, therefore, provide properly skilled professional and technical personnel to perform all services under this Agreement. It is further understood and agreed that Consultant, including his/her agents and employees, is not an agent or employee of the City, but rather solely responsible for his/her acts and omissions. Consultant has full control over the means and methods of performing said services, and Consultant understands that said services are being performed as an independent Consultant. Nothing in this Agreement shall in any way be construed to constitute the Consultant, or any of its agents or employees, as an agent, employee or representative of the City. Termination. This Agreement maybe tenminated or suspended by the City upon ten (10) days' written notice. Said notice will be commenced by the City Manager. Upon receipt of such notice, Consultant shall immediately stop all work in process under this Agreement. In the event the City delivers, the Consultant shall be entitled to payment for all services performed to date of termination to the extent they were actually performed in accordance with this Agreement. 6/1/OD Consultant shall perform with his/her own organization, all work specified and required in this Agreement. No assignment or transfer in whole or in part of this Agreement shall be made without the written consent of the City. 8. Consultant may retain or subcontract for the services of other necessary consultants, with the written approval of City. Any such subconsultants shall comply, to the extent applicable, with the terns and conditions of this Agreement and all of the obligations and duties imposed upon the Consultant hereunder. Consultant agrees to fully comply with all appropriate local, city, state and federal laws, regulations and ordinances governing performance of contractual services required hereunder, in accordance with professionals' standards of care. 10. During the performance of this Agreement, Consultant will not discriminate against any employee or applicant for employment because of race, religion, creed, color, national origin, sex or age. Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, creed, color, national origin, sex or age. 11. All notices required or permitted by this Agreement, including notice of change of address, shall be in writing and given by personal delivery or sent by United States Mail, postage prepaid and addressed to the parties intended to be notified. Notice shall be deemed given as of the date of delivery in person or as of the date deposited in any post office or any post office box regularly maintained by the United States Government. Notice shall be given as follows: City: City Clerk City of Petaluma Post Office Box 61 Petahmia, California 94953 Telephone: (707) 778-4360 Consultant: CTSI Corporation 1595 E. Francisco Blvd., Ste. C San Rafael, CA 94901 Telephone: (415) 455-9520 12. All bills shall be sent to the designated project contact person on a monthly basis or upon task completion, whichever is appropriate. Bills will be checked by said contact person for compliance with the provisions of this Agreement and then forwarded to "Accounts Payable." City shall endeavor to make payment of said bill within thirty (30) days of receipt. 6/1/00 13. All original papers, documents or computer material on disk or microfilm, and copies thereof, produced as a result of this Agreement, shall be the property of City and may not be used by Consultant without the consent of City. Copies of such documents or papers shall not be disclosed to others without the written consent of the City Manager or his designated representative. 14. Consultant hereby covenants and agrees to, and shall, indemnify, save harmless and defend, the City of Petaluma, its agents and/or employees against all claims, demands, costs, and liabilities for damages of any kind or nature including, but not limited to, damages for death or injury to any person (including Consultant's employees and agents) or damage or destruction to any property of either party hereto or third persons in any manner arising out of or occasioned by Consultant's performance of its obligations pursuant to this Agreement whether or not there is a contributing act or omission or concurrent, passive or active negligence or otherwise on the part of the City, except those claims arising from the established active sole negligence or sole willful misconduct of the City or the City's employees. The City may retain so much of the money due Consultant as shall be considered necessary, until disposition has been made of claims or suits for damages as aforesaid. 15. Insurance. See "Insurance Requirements for Consultants" in Exhibit B1 or B2 attached hereto and incorporated herein by reference. Please check and initial exhibit to be incorporated: Exhibit B1 Exhibit B2 X 16. Amendment. This Agreement may be amended, provided said amendment is in writing and signed by both parties. 17. If litigation ensues which pertains to the subject matter of Consultant's services hereunder, Consultant, upon request from City, agrees to testify therein at a reasonable and customary fee. 18. This Agreement constitutes the entire agreement between the parties. 19. Breach. City reserves the right to terminate this Agreement immediately in the event of a breach by Consultant. It is further understood and agreed that in the event of a breach of this Agreement by Consultant, in addition to all other remedies, penalties and damages provided by law, City may provide such services or retain another consultant to provide such services, and deduct from the amounts due or to become due to Consultant the actual costs to City to provide or obtain such services. 20. This contract is the product of negotiation and compromise on the part of both parties and that the parties agree, notwithstanding Civil Code section 1654, that in the event of 6/1/00 uncertainty, the language is not to be construed against the party causing the uncertainty to exist. 21. Annlicable Law. Each party's performance hereunder shall comply with all applicable laws of the United States of America, the State of California, and the City of Petaluma. This Agreement shall be enforced and interpreted under the laws of the State of California and the City of Petaluma. If any part, term or provision of this Agreement shall be held void, illegal, unenforceable, or in conflict with any law of the federal, state or local government having jurisdiction over this Agreement, the validity of the remaining portions or provisions shall not be affected thereby. 22. Non -Waiver. The City's failure to enforce any provision of this Agreement or the waiver thereof in a particular instance shall not be construed as a general waiver of any part of such provision. The provision shall remain in full force and effect. 23. Severabilitv. If any tern or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 24. Mediation. The parties agree to make a good faith attempt to resolve any dispute arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and shall divide the costs of mediation equally. 25. Consultant's Books and Records. A. Consultant shall maintain any and all ledgers, books of accounts, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to the City for a minimum period of three (3) years or for any longer period required by law, from the date of final payment to Consultant pursuant to this Agreement. B. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years or for any longer period required by law, from the date of termination or completion of this Agreement. C. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Finance Director, or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at Petaluma City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant's address indicated for receipt of notices in this Agreement. D. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant's 5 611100 business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in Petaluma City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant's representatives, or Consultant's successor in interest. IN WITNESS WHEREOF, the parties hereto have executed this document the day, month and year first above written. CITY OF PETALUMA City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney APPROVED: Department Head APPROVED: Risk Manager APPROVED: Finance Director CONSULTANT 10 Title Address City State Zip Taxpayer I.D. Number Petaluma Business Tax Receipt Number S/WR& C/AGENDA/YR 200/ SCWA— CONSERVATION PROGRAM 7-17-00/SB profess (fmk) 6 6/1/00 INSURANCE REOUIREMENTS FOR CONSULTANTS Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, his agents, representatives, or employees. Minimum Scope of Insurance Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). 2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). 3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. 4. Errors and omissions liability insurance appropriate to the Consultant's profession. Minimum Limits of Insurance Consultant shall maintain limits no less than: 1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this projecUlocation or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 3. Employer's Liability: $1,000,000 per accident for bodily injury or disease. 4. Errors and omissions liability: $1,000,000 per occurrence. Deductibles and Self -Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Other Insurance Provisions The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1. The City, Sonoma County Water Menev, and their its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, Sonoma Countv Water A2enev, and their As officers, officials, employees or volunteers. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under subdivision (b) of section 2782 of the Civil Code. 2. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, Sonoma County Water Menevt and their its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, Sonoma Countv Water Menev, and their its officers, officials, employees or volunteers. 4. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled 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. Exhibit B2 Page 1 of 2 Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VH, unless otherwise acceptable to the City. Verification of Coverage Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. Exhibit B2 Page 2 of 2 Prepared by: CI SI Corporation 1595 E. Francisco Blvd.. Ste C San Rafael, Ca. 94901 (415 455-9520 ET Controller Pilot Program University research into landscape and agricultural water use has determined that evapotranspiration (ET) is the recognized and accepted method to deliver precise irrigation for landscapes. However, setting irrigation schedules by the ET rate is a sophisticated, time-consuming and ongoing activity. Thus, it is rarely performed by homeowners and landscape professionals. The results of improper irrigation scheduling are over -watered landscapes, wasted water, summer peaking, high water bills and infrastructure increases to meet demands. A new technology has been developed to eliminate the inherent problems of efficient irrigation scheduling (U.S. Patent #5,208,855; Method and Apparatus for Irrigation Control Using Evapotranspiration). A weekly broadcast signal with the local ET information is sent and picked up by a computer chip embedded in the controller, which automatically adjusts the irrigation schedule. This controller will be ready for installation into pilot projects by the spring of 2000. The current studies of this technology/ET signal controller show: ® A 30% savings of landscape water in residential homes of modest size in Irvine, California (or a 15% savings of total home water use). o The ET Signal Controller shows the potential to significantly outperform Ultra Low Flush Toilets (ULFT's) in terms of water savings and cost-effectiveness. The current water agency study confirms this contention by showing a projected average savings of 25,000 gallons per test home in one year, with a projected cost of $150-$225 for the ET Signal Controller unit and installation. Prepared by: CTSI Corporation Page 2 01/22/00 ET Controller Pilot Program • Landscape water use can be set for local ET and specific home site conditions. • The ET Signal Controller can insure efficient irrigation scheduling on dedicated metered sites, mixed use meter sites and unmetered sites. • The ET signal can be broadcast consistently (weekly) to insure that irrigation schedules match changes in weather. • Individual site irrigation schedules are established with regards to soil, valve by valve, plant type, microclimates (sum or shade), specific sprinkler type, etc. • Receiving the ET Signal requires a service and broadcast fee (generally established by the size of the landscape and water savings potential) that is less cost than the cost of saved water. • The ET Controller is convenient for customers. • The technology patent holder offers a variety of fee collection options for agencies and/or customers to be further analyzed. • The ET Signal Controller is priced to fit within existing or traditional agency ULFT distribution and home survey programs. Water agency studies cite that homes typically use 50% of home water in the landscape. The American Water Works Association Research Foundation (AWWARF) end-use study in San Diego shows that 61% of home water is used outside in the landscape. As indoor plumbing retrofits reach saturation, or where new homes already utilize low -flow plumbing devices, the landscape is the next significant water savings opportunity for agencies and customers. (PV77ere `peaking" is n Prepared by: CTSI Corporation Page 3 01122100 ET Controller Pilot Program problem, saving landscape realer is far more valuable than sm,ing interior water to accommodate igftastructure capabilities.) It has also been recognized that with current technology and techniques, achieving home landscape water use efficiency would require consistent customer action, is a relatively sophisticated activity and currently lacks a verifiable measurement capability. At best, traditional landscape conservation programs are short-term efforts requiring renewed agency and customer actions year after year. This is particularly true in areas with multiple microclimates and where weather changes from week to week. How can water agencies assist customers with using water efficiently in home landscapes? How can water agencies verify efficient water use over the long-term in home landscapes? How can water agencies fund ongoing landscape conservation programs? How best can agencies meet state conservation requirements? And, how can agencies achieve these goals on a large scale, similar to toilet rebate programs in the 1990's. The design of the ET Controller Pilot Program is intended to address and overcome the common barriers to achieving home and commercial landscape water use efficiency. It is intended to provide a positive, convenient and credible water savings technology for customers that achieves verifiable, long-term, site -by -site water use efficiency. A current test in 40 homes in the Irvine Ranch Water District shows 25 - Prepared by: CTSI Corporation Page 4 01/22/00 ET Controller Pilot Program 40% savings in landscape water use from early results. The Irvine study is testing a certain ET Controller technology, the convenience for customers and the price range customers would he willing to pay for a controller that delivers efficient landscape irrigation. The proposed Pilot Program is designed to evaluate water savings potential and the protocol for mass distribution and installation programs. The program would: (1) monitor water savings, (2) survey options for customer / agency programs, (3) determine the use of local contractors for product distribution and installation (4) identify complimentary conservation programs that can maximize home and landscape water efficiency, and (5) identify potential revenue to the water agency for collection of the ET signal and service fee on water bills. The program is designed to run for 12 months, with a 7 -month monitoring phase, test the above elements, identify an appropriate target group of customers from the residential sector, work with the agency staff on a variety of issues including weather station data, participant selection, monitoring, etc. The program would also provide an estimate of the cost and benefits of a larger customer distribution/installation program for the agency and customers. Prepared by: CTSI Corporation Page 5 01/22/00 ET Controller Equipment Costs ET Signal Controllers (50 residential (q-), S150 each) Installation; site measurements, station by station scheduling Rain shut-off devices (25 (rn S15 each) Broadcast signal fee 0So/month/unit for 7 months (April - Oct) Total Equipment Costs Nater ,audits Costs Residential Nater Audits —for participating homes— (Includes GPM measurement of faucets' and showerheads' flow rates. GPF measurements of existing toilets, and chameouts of showerheads and faucet aerators when possible) rrn. S35 per unit. Total Water Audits Costs 57,500 S6,215 0 5375 S1050 S15,175 S1.750 51,750 Pilot Program Prepared 6y: CTS) Corporation Page 6 06/19/00 ET Contmller Pilal Pmgmm Program Management Costs Develop and co-ordinate with agency, develop customer 56000 targeting protocol and conduct data analysis to -select targeted and control groups of customers. Design marketing piece (customer mailer) S960 Conduct installation training session. One -day S1000 classroom training session for up to 10 participants (2 per contractor), including preparation of materials One -day, in -field installation training at $500 per S1,000 contractor. "Some of the training cost might be cost - shared with contractors wishing to be certified. For purposes of this proposal. costs assume 2 participating contractors. Installation scheduling S1000 On-going agency co-ordination and bi-monthly program S7,500 reporting of study and control groups (3 reports during 7 -month monitoring phase) Customer service including toll-free 800 number and S3,500 site visits as warranted (9500 per month s 7 months) Final report and presentation including water use S6,500 evaluation of study and control groups, pilot study analysis. cost/benefits/projections report CTSI Pilot Study Program Management Services S27,460 PILOT STLTDY TOT -1L S44,385 Prepared by CTSI Corpomlion Page 7 06/14/00 ET Controller Hourly Program Management Costs Program Manaeer. Administrative. Sso.00 530.00 Pilot Program Prepared by: CTSI Corpomtion Page 8 06/19/00 .0 ► RESOLUTION APPROVING A PROFESSIONAL SERVICES AGREEMENT FOR FURNISHING MATERIALS AND SERVICES FOR MEASURING THE WATER SAVINGS POTENTIAL OF WATERLESS URINALS, WITH PACIFIC TECHNOLOGY ASSOCIATES PROFESSIONAL SERVICES AGREEMENT FOR FURNISHING MATERIALS AND SERVICES FOR MEASURING THE WATER SAVINGS POTENTIAL 4 OF WATERLESS URINALS. 5 WITH PACIFIC TECHNOLOGY ASSOCIATES 6 (Title of Project) 7 (Project Account Code No. 601-400-9931-7104) 8 9 10 11 THIS AGREEMENT is made and entered into this 15°' day of August, 2000, by and between 12 the City of Petaluma, a Municipal Corporation and a charter city (hereinafter referred to as 13 "City") and Pacific Techuolouv Associates. 210 Fourth Street. Suite B. Petaluma, California 14 94952, (hereinafter referred to as "Consultant"). 15 16 The parties hereto enter into this Agreement for the purpose of Consultant providing professional 17 services to City under the following terms and conditions: 18 19 In consideration hereof, and the mutual promises, contained herein, the parties agree as follows: 20 21 1. Consultant shall provide the services described in Exhibit "A" attached hereto and 22 incorporated herein by reference. 23 24 2A. City shall compensate Consultant for services rendered hereunder under the following 25 terns: $7.400.00 for nrototvne measurement techniuue and technical memorandum 26 exDlainine the cost effectiveness of reDlacin2 conventional urinals with waterless 27 urinals to Sola Optical. 28 29 2B. Notwithstanding any provision herein, Consultant shall not be paid any compensation 30 until such time as Consultant has on file with the City Finance Department current 31 information requested on the "Vendor Information" form available from the City, and has 32 obtained a currently valid Petaluma Business Tax Receipt pursuant to the Petaluma 33 Municipal Code. 34 35 2C. The Consultant is also required to have paid the appropriate business tax and have a 36 currently valid Petaluma Business Tax Receipt pursuant to the Petals rna Municipal Code. 37 38 2D. hl no case shall the total contract compensation exceed Seven Thousand Four Hundred 39 Dollars ($7.400.00) without prior written authorization of the City Manager. Further, no 40 compensation for a section or work program component attached with a specific budget 41 shall be exceeded without prior written authorization of the City Manager. With every 42 monthly invoice, a brief narrative shall be provided by Consultant along with a revised 43 schedule of progress and supporting materials. 6/1100 2 3. Services performed by Consultant to City which exceed those services described in 3 Section 1 herein, shall be considered "extra work." Extra work shall only be performed 4 by Consultant upon prior written authorization of the City Manager. Consultant shall be 5 compensated for extra work at the following rates: $100 Per hour. 7 4. Use Section 4(a) or 4(b). 8 9 (a) The term of this Agreement commences on August 15, 2000, and ends on 10 Au$Ust 15, 2001. However, either party may terminate this Agreement upon 11 providing the other party ten (10) days' written notice of such termination, given 12 in the manner provided in Sections 6 and 11 herein. 13 14 15 16 17 18 19 20 21 23 (b) Consultant shall commence work upon receipt of written direction to proceed from City. Consultant shall perform the work described herein, in accordance with the following schedule: Service Completion Date 24 5. Consultant represents that Consultant possesses distinct professional skills in performing 25 said services. City has relied upon said representations as a material endorsement to 26 enter into this Agreement. Consultant shall, therefore, provide properly skilled 27 professional and technical personnel to perform all services under this Agreement. It is 28 further understood and agreed that Consultant, including his/her agents and employees, is 29 not an agent or employee of the City, but rather solely responsible for his/her acts and 30 omissions. Consultant has full control over the means and methods of performing said 31 services, and Consultant understands that said services are being performed as an 32 independent Consultant. Nothing in this Agreement shall in any way be construed to 33 constitute the Consultant, or any of its agents or employees, as an agent, employee or 34 representative of the City. 35 36 6. Termination. This Agreement maybe terminated or suspended by the City upon ten (10) 37 days' written notice. Said notice will be commenced by the City Manager. Upon receipt 38 of such notice, Consultant shall immediately stop all work in process under this 39 Agreement. In the event the City delivers, the Consultant shall be entitled to payment for 40 all services performed to date of termination to the extent they were actually performed in 41 accordance with this Agreement. 42 6/I/00 Consultant shall perform with his/her own organization, all work specified and required in this Agreement. No assignment or transfer in whole or in part of this Agreement shall be made without the written consent of the City. Consultant may retain or subcontract for the services of other necessary consultants, with the written approval of City. Any such subconsultants shall comply, to the extent applicable, with the terns and conditions of this Agreement and all of the obligations and duties imposed upon the Consultant hereunder. 10 9. Consultant agrees to fully comply with all appropriate local, city, state and federal laws, 11 regulations and ordinances governing performance of contractual services required 12 hereunder, in accordance with professionals' standards of care. 13 14 10. During the performance of this Agreement, Consultant will not discriminate against any 15 employee or applicant for employment because of race, religion, creed, color, national 16 origin, sex or age. Consultant shall take affirmative action to ensure that applicants are 17 employed, and that employees are treated during employment, without regard to their 18 race, religion, creed, color, national origin, sex or age. 19 20 11. All notices required or permitted by this Agreement, including notice of change of 21 address, shall be in writing and given by personal delivery or sent by United States Mail, 22 postage prepaid and addressed to the parties intended to be notified. Notice shall be 23 deemed given as of the date of delivery in person or as of the date deposited in any post 24 office or any post office box regularly maintained by the United States Government. 25 Notice shall be given as follows: 26 27 City: City Clerk 28 City of Petaluma 29 Post Office Box 61 30 Petaluma, California 94953 31 Telephone: (707) 778-4360 32 33 Consultant: Pacific Technology Associates 34 210 Fourth Street, Suite B 35 Petaluma, CA 94952 36 37 Telephone: (707) 769-5335 38 39 12. All bills shall be sent to the designated project contact person on a monthly basis or upon 40 task completion, whichever is appropriate. Bills will be checked by said contact person 41 for compliance with the provisions of this Agreement and then forwarded to "Accounts 42 Payable." City shall endeavor to make payment of said bill within thirty (30) days of 43 receipt. 44 6/1/00 1 13. All original papers, documents or computer material on disk or microfilm, and copies 2 thereof, produced as a result of this Agreement, shall be the property of City and may not 3 be used by Consultant without the consent of City. Copies of such documents or papers 4 shall not be disclosed to others without the written consent of the City Manager or his 5 designated representative. 7 14. Consultant hereby covenants and agrees to, and shall, indenmify, save harmless and 8 defend, the City of Petaluma, its agents and/or employees against all claims, demands, 9 costs, and liabilities for damages of any kind or nature including, but not limited to, 10 damages for death or injury to any person (including Consultant's employees and agents) 11 or damage or destruction to any property of either party hereto or third persons in any 12 manner arising out of or occasioned by Consultant's performance of its obligations 13 pursuant to this Agreement whether or not there is a contributing act or omission or 14 concurrent, passive or active negligence or otherwise on the part of the City, except those 15 claims arising from the established active sole negligence or sole willful misconduct of 16 the City or the City's employees. The City may retain so much of the money due 17 Consultant as shall be considered necessary, until disposition has been made of claims or 18 suits for damages as aforesaid. 19 20 15. Insurance. See "Insurance Requirements for Consultants" in Exhibit B1 or B2 attached 21 hereto and incorporated herein by reference. Please check and initial exhibit to be 22 incorporated: 23 Exhibit B 1 X Exhibit B2 24 25 16. Amendment. This Agreement may be amended, provided said amendment is in writing 26 and signed by both parties. 27 28 17. If litigation ensues which pertains to the subject matter of Consultant's services 29 hereunder, Consultant, upon request from City, agrees to testify therein at a reasonable 30 and customary fee. 31 32 18. This Agreement constitutes the entire agreement between the parties. 33 34 19. Breach. City reserves the right to terminate this Agreement immediately in the event of a 35 breach by Consultant. It is further understood and agreed that in the event of a breach of 36 this Agreement by Consultant, in addition to all other remedies, penalties and damages 37 provided by law, City may provide such services or retain another consultant to provide 38 such services, and deduct from the amounts due or to become due to Consultant the 39 actual costs to City to provide or obtain such services. 40 41 20. This contract is the product of negotiation and compromise on the part of both parties and 42 that the parties agree, notwithstanding Civil Code section 1654, that in the event of 6/1/00 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 uncertainty, the language is not to be construed against the party causing the uncertainty to exist. 21. ADDlicable Law. Each party's performance hereunder shall comply with all applicable laws of the United States of America, the State of California, and the City of Petaluma. This Agreement shall be enforced and interpreted under the laws of the State of California and the City of Petahuna. If any part, term or provision of this Agreement shall be held void, illegal, unenforceable, or in conflict with any law of the federal, state or local govermnent having jurisdiction over this Agreement, the validity of the remaining portions or provisions shall not be affected thereby. 22. Non -Waiver. The City's failure to enforce any provision of this Agreement or the waiver thereof in a particular instance shall not be construed as a general waiver of any part of such provision. The provision shall remain in full force and effect. 23. Severabilitv. If any teml or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 24. Mediation. The parties agree to make a good faith attempt to resolve any dispute arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and shall divide the costs of mediation equally. 25. Consultant's Books and Records. A. Consultant shall maintain any and all ledgers, books of accounts, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to the City for a minimum period of three (3) years or for any longer period required by law, from the date of final payment to Consultant pursuant to this Agreement. B. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimums period of three (3) years or for any longer period required by law, from the date of termination or completion of this Agreement. C. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Finance Director, or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at Petaluma City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant's address indicated for receipt of notices in this Agreement. D. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant's 5 6/1/00 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in Petaluma City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant's representatives, or Consultant's successor in interest. IN WITNESS WHEREOF, the parties hereto have executed this document the day, month and year first above written. CITY OF PETALUMA City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney APPROVED: Department Head APPROVED: Risk Manager APPROVED: Finance Director 6 CONSULTANT Title Address City Taxpayer I.D. Number State Petaluma Business Tax Receipt Number US 6/1/00 INSURANCE REOUIREMENTS FOR CONSULTANTS Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, his agents, representatives, or employees. Minimum Scope of Insurance Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). 2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (airy auto). 3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. Minimum Limits of Insurance Consultant shall maintain limits no less than: General Liability: $500,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other forni 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: $500,000 per accident for bodily injury and property damage. Employer's Liability: $1,000,000 per accident for bodily injury or disease. Deductibles and Self -Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Other Insurance Provisions The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1. The City. Sonoma Countv Water Aeeucy, and their its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, the Sonoma Countv Water Aeenev, and their its officers, officials, employees or volunteers. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under subdivision (b) of section 2782 of the Civil Code. 2. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, Sonoma County Water Aeenev. and their its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, Sonoma Countv Water Aeenev, and their its officers, officials, employees or volunteers. 4. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled 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. Exhibit B 1 Page 1 of 2 Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best's rating of no less than ANN, unless otherwise acceptable to the City. Verification of Coveraee Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. Exhibit B 1 Page 2 of 2 6/1;00 v 1 •�` WATERLESS URINAL EVALUATION City of Petaluma Proposed by Pacific Technology Associates Synopsis Waterless urinals, not presently provided for in the City of Petaluma's water conservation programs, offer good savings potential for both retrofit and new construction applications. This proposal suggests means for overcoming the two major obstacles that prevent use of these devices: the lack of accurate knowledge about urinal water usage, and lack of familiarity with waterless fixtures. Background An installed base of approximately 700 urinals exists in commercial, industrial, and institutional facilities served by the City of Petaluma's water and wastewater utilities.' The average unit water consumption of these fixtures is unknown, but is conservatively expected to range between 45 and 115 gallons per day.2 The annual consumption for all fixtures in Petaluma therefore ranges between 16 and 40 million gallons. The simple payback for replacing flush with waterless urinals, from the perspective of CII customers, is conservatively estimated between 4 and 16 years. When the financial incentive of $1.03/CCF is provided (the same proposed for other Ions lasting CII water efficiency improvements), the simple payback falls to between a few months and ten years, with a probable average of approximately three years. Although this is not as rapid as the payback achieved by retrofitting urinal flush valves for lower volume operation, the complete replacement of a conventional urinal with a waterless unit saves more water, and does so with favorable economic parameters. Prior to investing public funds to support such a measure, it is crucial to confirm its cost-effectiveness, and to review performance history to ensure there are no performance issues that cannot be mitigated. Waterless urinals are less costly than conventional urinals in new construction. However, although they instantly pay for themselves, they are rarely specified. While the precise reasons for this are not known, a leading factor is probably a lack of familiarity among building designers, owners, and facility managers. Estimate based upon information collected during the first phase of the City of Petaluma's CII toilet program. An average of .77 urinals per site were found by the contractor who surveyed and replaced fixtures at 19% of the City's 866 CII customers. 2 This reflects die ranges of 30 to 50 uses per fixture per day, and 1.5 to 2.3 gl/flush. Proposal Baseline Proposal Value: This expands upon the water efficiency survey already approved for SOLA Optical by developing a relatively low-cost means for measuring urinal water usage (<$100/application); thereby providing the means for evaluating waterless urinals as a retrofit water efficiency measure throughout Petaluma. The normally restricted access to plumbing upstream of these fixtures, and relatively small usage relative to the total volume, generally precludes analysis of this savings opportunity by normal methods. The sparse data otherwise available is insufficient to support responsible investment policies. Scope of Work: Develop low-cost means for determining water usage in an existing urinal, test at SOLA Optical USA (all urinals in one bathroom), and calculate the economic parameters associated with replacing existing urinals with waterless urinals at the bathroom evaluated. Deliverables: Prototype measurement technique (including means for measuring gallons per flush and flushes per week, with the goal of unobtrusive and non-invasive devices, such as with direct volume measurement, and a tiny thermal or vibration sensor integrated with a power supply and data logger to measure flushes); and Technical memorandum explaining the cost-effectiveness of replacing conventional urinals with waterless urinals at SOLA Optical USA. Schedule: three months (this anticipates a developmental trial -and -error learning curve) Fee: $7,400 Arfianced Proposal Value: This adds to the Baseline Proposal in two important ways. First, usage data for conventional urinals is collected at several sites to provide a better perspective on the value of offering waterless urinals as part of the City's CII toilet program, for example. Second, installation at demonstration sites around town (hopefully incuding a bathroom used by visitors to the City Planning Department, and a variety of other CII sites) will provide the experience that is absolutely critical to future installation decisions. Scope of Work: Review the technology, recruit four demonstration sites, develop low-cost means for determining water usage in existing urinals and employ this for a combined total of eight urinals at the four demonstration sites, calculate the economic parameters associated with replacing urinals with waterless urinals at all sites, install eight waterless urinals (work subcontracted to a licensed plumber), and interview participants six months after installation to evaluate performance. Deliverables: I. Technical Memorandum: description of equipment available, and lessons learned from users, water and wastewater utility staff, and knowledgeable others around the U.S. via telephone survey. This will be accomplished prior to approaching representatives of potential demonstration sites. 2. Prototype measurement technique (including means for measuring gallons per flush and flushes per week, with the goal of unobtrusive and non-invasive devices, such as with buckets and tiny thermal or vibration sensor integrated with a power supply and data logger) 3. Install eight waterless urinals (original fixtures to be retained in case the owner decides to re -install them) 4. Technical memorandum summarizing the performance, economic and otherwise, of all waterless urinals installed. Schedule: ten months Fee: $19,600 RESOLUTION APPROVING A PROFESSIONAL SERVICES AGREEMENT FOR FURNISHING MATERIALS AND SERVICES FOR THE PRODUCTION OF WATER CONSERVATION VIDEOS WITH THE COUNCIL FOR COMMUNITY TELEVISION PROFESSIONAL SERVICES AGREEMENT FOR FURNISHING MATERIALS AND SERVICES FOR THE PRODUCTION OF WATER CONSERVATION VIDEOS (Title of Project) (Project Account Code No. 601-400-9931-7104) THIS AGREEMENT is made and entered into this 15`h day of Auffust . 2000, by and between the City of Petaluma, a Municipal Corporation and a charter city (hereinafter referred to as "City") and The Council for Communitv Television, P.O. Box 2510, Petaluma, CA 94953. (hereinafter referred to as "Consultant"). The parties hereto enter into this Agreement for the purpose of Consultant providing professional services to City under the following terms and conditions: In consideration hereof, and the mutual promises, contained herein, the parties agree as follows: Consultant shall provide the services described in Exhibit "A" attached hereto and incorporated herein by reference. 2A. City shall compensate Consultant for services rendered hereunder under the following terms: $500 per water conservation video contest, $1,000 ner water conservation video series. 2B. Notwithstanding any provision herein, Consultant shall not be paid any compensation until such time as Consultant has on file with the City Finance Department current information requested on the "Vendor Information" form available from the City, and has obtained a currently valid Petaluma Business Tax Receipt pursuant to the Petaluma Municipal Code. 2C. The Consultant is also required to have paid the appropriate business tax and have a currently valid Petaluma Business Tax Receipt pursuant to the Petaluma Municipal Code. 2D. In no case shall the total contract compensation exceed Seven Thousand Dollars ($7.000.00) without prior written authorization of the City Manager. Further, no compensation for a section or work program component attached with a specific budget shall be exceeded without prior written authorization of the City Manager. With every monthly invoice, a brief narrative shall be provided by Consultant along with a revised schedule of progress and supporting materials. 3. Services performed by Consultant to City which exceed those services described in Section 1 herein, shall be considered "extra work." Extra work shall only be performed 611100 by Consultant upon prior written authorization of the City Manager. Consultant shall be compensated for extra work at the following rates: $500 Der water conservation video contest, $1,000 Der water conservation video series.. 4. Use Section 4(a) or 4(b). (a) The term of this Agreement commences on Aueust 15, 2000. and ends on December 31, 2001. However, either party may terminate this Agreement upon providing the other party ten (10) days' written notice of such termination, given in the manner provided in Sections 6 and 11 herein. (b) Consultant shall commence work upon receipt of written direction to proceed from City. Consultant shall perform the work described herein, in accordance with the following schedule: Service Completion Date 5. Consultant represents that Consultant possesses distinct professional skills in performing said services. City has relied upon said representations as a material endorsement to enter into this Agreement. Consultant shall, therefore, provide properly skilled professional and technical personnel to performs all services under this Agreement. It is further understood and agreed that Consultant, including his/her agents and employees, is not an agent or employee of the City, but rather solely responsible for his/her acts and omissions. Consultant has full control over the means and methods of performing said services, and Consultant understands that said services are being performed as an independent Consultant. Nothing in this Agreement shall in any way be construed to constitute the Consultant, or any of its agents or employees, as an agent, employee or representative of the City. 6. Termination. This Agreement may be tenninated or suspended by the City upon ten (10) days' written notice. Said notice will be commenced by the City Manager. Upon receipt of such notice, Consultant shall immediately stop all work in process under this Agreement. In the event the City delivers, the Consultant shall be entitled to payment for all services performed to date of tennination to the extent they were actually performed in accordance with this Agreement. Consultant shall perforin with his/her own organization, all work specified and required in this Agreement. No assignment or transfer in whole or in part of this Agreement shall be made without the written consent of the City. 6/1/00 Consultant may retain or subcontract for the services of other necessary consultants, with the written approval of City. Any such subconsultants shall comply, to the extent applicable, with the terms and conditions of this Agreement and all of the obligations and duties imposed upon the Consultant hereunder. 9. Consultant agrees to fully comply with all appropriate local, city, state and federal laws, regulations and ordinances governing performance of contractual services required hereunder, in accordance with professionals' standards of care. 10. During the performance of this Agreement, Consultant will not discriminate against any employee or applicant for employment because of race, religion, creed, color, national origin, sex or age. Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, creed, color, national origin, sex or age. 11. All notices required or permitted by this Agreement, including notice of change of address, shall be in writing and given by personal delivery or sent by United States Mail, postage prepaid and addressed to the parties intended to be notified. Notice shall be deemed given as of the date of delivery in person or as of the date deposited in any post office or any post office box regularly maintained by the United States Government. Notice shall be given as follows: City: City Clerk City of Petaluma Post Office Box 61 Petaluma, California 94953 Telephone: (707) 778-4360 Consultant: Council for Community Television Attn: Joe Devito P.O. Box 2510 Petaluma, CA 94953 Telephone: (707) 766-8269 12. All bills shall be sent to the designated project contact person on a monthly basis or upon task completion, whichever is appropriate. Bills will be checked by said contact person for compliance with the provisions of this Agreement and then forwarded to "Accounts Payable." City shall endeavor to make payment of said bill within thirty (30) days of receipt. 13. All original papers, documents or computer material on disk or microfilm, and copies thereof, produced as a result of this Agreement, shall be the property of City and may not be used by Consultant without the consent of City. Copies of such documents or papers 6/1/00 shall not be disclosed to others without the written consent of the City Manager or his designated representative. 14. Consultant hereby covenants and agrees to, and shall, indemnify, save harmless and defend, the City of Petaluma, its agents and/or employees against all claims, demands, costs, and liabilities for damages of any kind or nature including, but not limited to, damages for death or injury to any person (including Consultant's employees and agents) or damage or destruction to any property of either party hereto or third persons in any manner arising out of or occasioned by Consultant's perfonnance of its obligations pursuant to this Agreement whether or not there is a contributing act or omission or concurrent, passive or active negligence or otherwise on the part of the City, except those claims arising from the established active sole negligence or sole willful misconduct of the City or the City's employees. The City may retain so much of the money due Consultant as shall be considered necessary, until disposition has been made of claims or suits for damages as aforesaid. 15. Insurance. See "Insurance Requirements for Consultants" in Exhibit Bl or B2 attached hereto and incorporated herein by reference. Please check and initial exhibit to be incorporated: Exhibit B 1 X Exhibit B2 16. Amendment. This Agreement may be amended, provided said amendment is in writing and signed by both parties. 17. If litigation ensues which pertains to the subject matter of Consultant's services hereunder, Consultant, upon request from City, agrees to testify therein at a reasonable and customary fee. 18. This Agreement constitutes the entire agreement between the parties. 19. Breach. City reserves the right to terminate this Agreement immediately in the event of a breach by Consultant. It is further understood and agreed that in the event of a breach of this Agreement by Consultant, in addition to all other remedies, penalties and damages provided by law, City may provide such services or retain another consultant to provide such services, and deduct from the amounts due or to become due to Consultant the actual costs to City to provide or obtain such services. 20. This contract is the product of negotiation and compromise on the part of both parties and that the parties agree, notwithstanding Civil Code section 1654, that in the event of uncertainty, the language is not to be construed against the party causing the uncertainty to exist. 6/1/00 21. Annlicable Law. Each party's performance hereunder shall comply with all applicable laws of the United States of America, the State of California, and the City of Petaluma. This Agreement shall be enforced and interpreted under the laws of the State of California and the City of Petaluma. If any part, term or provision of this Agreement shall be held void, illegal, unenforceable, or in conflict with any law of the federal, state or local government having jurisdiction over this Agreement, the validity of the remaining portions or provisions shall not be affected thereby. 22. Non -Waiver. The City's failure to enforce any provision of this Agreement or the waiver thereof in a particular instance shall not be construed as a general waiver of any part of such provision. The provision shall remain in fall force and effect. 23. Severabilitv. If any terra or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 24. Mediation. The parties agree to make a good faith attempt to resolve any dispute arising out of this Agreement through mediation prior to conmmencing litigation. The parties shall mutually agree upon the mediator and shall divide the costs of mediation equally. 25. Consultant's Books and Records. A. Consultant shall maintain any and all ledgers, books of accounts, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to the City for a minimmn period of three (3) years or for any longer period required by law, from the date of final payment to Consultant pursuant to this Agreement. B. Consultant shall maintain all documents and records which demonstrate performance raider this Agreement for a minimum period of three (3) years or for any longer period required by law, from the date of termination or completion of this Agreement. C. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Finance Director, or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at Petaluma City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant's address indicated for receipt of notices in this Agreement. . D. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant's business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in Petaluma City Hall. Access to such records and 5 6/1/00 docutnents shall be granted to any party authorized by Consultant, Consultant's representatives, or Consultant's successor in interest. IN WITNESS WHEREOF, the parties hereto have executed this document the day, month and year first above Written. CITY OF PETALi JMA City Manager ATTEST: Title CONSULTANT City Clerk Address APPROVED AS TO FORM: City Attorney APPROVED: Department Head APPROVED: Risk Manager APPROVED: Finance Director City State zip Taxpayer I.D. Number Petaluma Business Tax Receipt Number S/WR&C/AGENDA/YR 2000/SCWA—CONSERVATION PROGRAM 7-17-00/S6 rafess (rmk) 6 6/1/00 INSURANCE RE,OUIREMENTS FOR CONSULTANTS Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, his agents, representatives, or employees. Minimum Scone of Insurance Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). 2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). 3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. Minimum Limits of Insurance Consultant shall maintain limits no less than: 1. General Liability: $500,000 per occiurence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $500,000 per accident for bodily injury and property damage. 3. Employer's Liability: $1,000,000 per accident for bodily injury or disease. Deductibles and Self -Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Other Insurance Provisions The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1. The City, Sonoma Countv Water Aeencv, and their its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, Sonoma Countv Water A2enev. and their its officers, officials, employees or volunteers. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under subdivision (b) of section 2782 of the Civil Code. 2. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, Sonoma County Water Aeencv, and their its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, Sonoma County Water Aeencv, and their its officers, officials, employees or volunteers. 4. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled 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. Exhibit B 1 Page 1 of 2 Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VH, unless otherwise acceptable to the City. Verification of Coverage Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. Exhibit B 1 Page 2 of 2 6/I/00 Attachment A Scope of Work Production of Water Conservation Videos with Council for Community Television Council for Community Television will produce 3 -videos on the City ofPetaluma's water conservation programs. Three topics that the City is considering are Industrial Conservation, the CIMIS weather station and residential water conservation. Council for Community Television will develop, coordinate and administer five (5) City sponsored contests for Petaluma residents to compete for financial scholarships or other incentive for producing the winning water conservation videos. Council for Community Television will also seeli community partners to financially participate in the scholarships and /or awards. Professional Services agreement for furnishing materials and services for the production of water conservation videos with Council for Community Television COUNCIL FOR COMMUNITY TELEVISION Our mission is to promote community participation in video production -F-H&VATIO uplifting, positive, informational and educational Petaluma area programs. — A major focus is to encourage youth participation in video producticin _ through awards , project grants and scholarships.A�� GOALS AND ACTION: Utilize the medium of video to produce a series of projects which impact our community. We have chosen Water Conservation to lead the way in encouraging our community to showcase itself with the help of student videographers. Our first project will be with the assistance of Betty Harrison's Junior High School class. Participants will act as a team to develop and share their ideas for Water Conservation in the form of P.S.A.'s (Public Service Announcements). Betty Harrison will monitor and grade this class project. Council for Community Television would like to contribute, upon satisfactory completion of this project, by awarding Mrs. Harrison's classroom with a gift of video equipment. This will encourage this class and following classes to increase production of future programs. We believe this type of motivation will be the model for many other groups. Our hope is that we gain participation from high schools and colleges as well as individuals. We envision all committed to Water Conservation, from government to the private sector, will see the value in our goals and contribute funding. We will encourage partnering. Community television is still an untapped resource for furthering community awareness and participation. Thank you for encouraging us to expand that resource through the prospect of your funds contribution. Joe Devito, Producer • P.O. Box 2510 • Petaluma, CA 94953 Tel: 707-766-8269 • aroundtownty@hotmail.com 1 RESOLUTION AUTHORIZING APPROPRIATION USING REVENUE FROM THE SONOMA COUNTY WATER AGENCY FOR THE CITY OF PETALUMA WATER CONSERVATION PROGRAM FOR 2000/2001