HomeMy WebLinkAboutAgenda Item 17 03/05/2001 •
°t CITY OF PETALUMA, CALIFORNIA
• AGENDA BfiLL
Qenda Title:.WATER CONSERVATION PROGRAM 'Meeting D� _
) Resolution approving a professional services agreement for the 'Residential ^^March-5; 2001
Toilet Replacement Program: Recycling of Old' Toilets" with Old Adobe
Developmental Services, Inc., B) Resolution approving'a professional services
agreement for furnishing materials and services for the Landscape Water Audit
Project with Cagwin ;& Dorward, C) Resolution approving a professional
services'agreement for furnishing materials and serviies for the Landscape and
Irrigation System'Inventory Bond Park GIS Prototype with Dendron Landscape
Management Consultants, D) Resolution approving a professional services
agreement for furnishing materials and ;services for promoting the Petaluma
Water Conservation
Program with The Wacker'Group', E) Resolution'approvnga
professional services agreement for furnishing materials and services, for the
Industrial Water Efficiency Program with Pacific Technology Associates
Department: Water Director: Contact Person : Phone Number:
Resources & Conservation cjlza S, Harts: Steve Simmons/Lynn 778-4392
Hulme, 778 4507
Cost of Proposal: Account Number:
580,400 601-400-9931-7104-$26,400;
Sonoma County Water
Amount Budgeted: $80,400 Agency Amendment #10
Funds - $54,000
Name of Fund:
Water Conservation Capital
Imp"royernent Project#9931
Wttachments t6 Agenda Packet Item:,Reference Documents: 1) Petaluma Resolution No 00-119 N.C.S. of
the City of Petaluma; California Authorizing Appropriation using;revenue from'the Sonoma County Water
Agency For the'City of Petaluma Water Conservation.Program.for 2000/2001, 2) "Cooperative Agreement for
Funding and Administration of:the Petal'uiia Water Conservation Program for 2000/01" with'the Sonoma County
Water.Agency. Action Documents: Resolutions approving the following(professional services agreements^ A)
"Residential Toilet Replacement Program: Recycling'of Old Toilets" with Old Adobe Developmental Services,
Inc., B) Landscape Water,Audit Project with Cagwin_& Dorward, C) Landscape and Irrigation System Inventory
Bond Park GIS Prototype with Dendron.Landscape Management Consultants, D) Promoting the Petaluma Water
Conservation Program with The Walker Group, E) Industrial Water Efficiency Program with Pacific Technology
Associates _
Summary' Statement: The City of Petaluma Water Conservation. Program for FY 2000/01 includes
development and implementation of various water conservation.measures that will reduce theiamount of water
used'by the.customers of Petaluma's Water Utility;Systems, as`well as^reduce the amount of water discharged.
to:Petaluma's Wastewater2Treatment and Disposal3System. The-professional services agreements listed above
are needed to implement various programs outline in the City of Petaluma Water'Conservation Program for
FY 2000/01.
Council Priority: THIS AGENDA ITEM IS CONSIDERED TO BE PART :OF, OR NECESSARY To, ONE OR '
MORE OF THE 1999-2000 PRIORITIES ESTABLISHED BY THEI CITY COUNCIL ON JANUARY 30, 1999 AND
MARCH.18, 2000. Priority-(s):.Water ConservationiSupply Issues
Recommended City Council-Action/Suggested'Motion:;,Adopt Resolutions listed above.
`eviewed b itinance Director: Reviewed,bV CitciAttornev: Approved by City Manager:
at I_ t°4 Date. i��
Today's Date: January 26 2001 Revision #tea I'a `evised': File Co e:
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CITY OF PETALUMA, CAL IFORNIA
MARCH 5„2001
AGENDA REPORT
FOR
WATER CONSERVATION:P-ROGRAM
A� RESOLUTION;APPROVINGA PROFESSIONAL SERVICES AGREEMENT FOR'THE
"RESIDENTIAL TOILET REPLACEMENT'PROGRAM6 RECYCLING OF OLD TOILETS”
WITH OLD.,ADOBE DEVELOPMENTAL SERVICES, INC:,
B) RESOLUTION APPROVING`;A`PROFESSIONAL SERVICES AGREEMENT FORFURNISHING
MATERIALS AND SERfl€E FORTHF. LANDSCAPE"WATERAUDIT PROJECT WITH
CAGWIN & DORWARD,
C).RESOLUTION.APPRO.VING:A.PROFESSIONAL SERVICES AGREEMENT FOR FURNISHING. j,
M ATERIALS AND SERYCIES.FOR,TI LANDSCAPE.ANDJRRIGATION SYSTEM INVENTORY
BOND PARK GIS PROTOTYPE WITH DENDRON LANDSCAPE MANAGEMENT ;
,CONSULTANTS.;
D) RESOLUTIONAPPROVING',.A PROFESSIONAL.SERVICES AGREEMENT FOR:FURNISHING
MATER IALS A ND SERVCIES FOR PROMOTING THE.PETALUMA WATER CONSERVATION
• PROGRAM WITH THE WALKER GROUP
E) RESOLUTIONAPPROVING,A,PROFESSIONAL•SERVICES AGREEMENT FOR`FURNISHING
• MATERIALS AND,SERVCIESIFORINDUSTRIAL WATER+EFFICIENCY PROGRAMf
DEVELOPMENT(WITH':PACIFIC'TECHNOLOGY ASSOCIATES
EXECUTIVE SUMMAR'Y:. . , •
The City of Petaluma'Water Conservation Programfor FY2000/01 includes development and.implementation
of various water conservation measures!that will reducethe;_amount:of water used by the customer's of
Petaluma's Water Utility„Systems, as well asireduce;the,amount,of water discharged to',Petaluma's:Wastewater
Treatment:and Disposal System. The professional.services agreements listed above are,needed:to implement
various:programs outlinerin the City of Petaluma Water Conservation;Program for FY 2000/01.
BACKGROUND:,
The City of Petaluma'si2000/01 Water Conservation;Program wasrap proved by Petaluma City Council on
July 17;;2000 and includes:
.L Residential and.Non-Res idential,Torlet:_Replacement:Program
2. Residential Water Management Program
3., Non-Residential Landscape Water Audit and Incentive Program
4, Landscape Water,Efficiency°Standards,and'Water—Waste Reduction:Ordinance
5.. Commercial/Industrial Water Survey and'Incentive Program;
An estimated $2,780,083.'rof funding will be available.from•1998 through 20095to the City of Petaluma
(City) for water conservation measures;and water reusePrograms: Thesefunds:are.identified in.Petaluma's
portion of the Sonoma'County Water Agencvs Draft•Water Conservation.-Plan With the goal,to reduce water
demands on the transmi"s"sion system.. •SCWA:tall will'be workingielOSely with City_to administerthe water ;
.� conservation programs.
The goal of the Petaluma:Water Conservation Program is to reduce;water useby.1,000,acre-feet.per year by
the year 2015. Water savings will,bemonitored',using Cityof Pefaluma:water customers' consumption-
records. Current and historic water consumption records maybe available:to usfor analyzing this calendar
year. .
We are planning ta.introduce landscape efficiency standards fornew developments, and modifications to the,..
water waste reduction and,water shortageiemergency.sections of the City of Petaluma Municipal Code at a
Petaluma Council Meeting in the:spring.
A) •$41000 Budgets= As;part of the Residential Toilet:Replacement Program,alboldtoilets.must berecycled
to receivethe'.$100 rebate. The recycling ofoldertoilets into roadbasewill,insurethat-these toilets°will
not be.reinstalled for Old Adobe:Developrnental Servcies, Inc.through-thei'r"affiliate, the
Petaluma Recyclnig;.Center; located:M.3;15 "2nd''OStreet, Retina-Ma; will'aeeept old toilets for recycling
purposes. Theity of:Petaluma will compensate'Old Adobe Developmental.Services basedon'two
dollars ($2 00);per toilet. This years program goal'is to replace 1,000,'residential toilets. So far this
year 150 high flow toilets have been replaced.,
B) ',$10.000 Budget- As'part of the Landscape Water Audit'anddncentiveiProgram, landscape water audits
=will,be performed at up to 1'4,city-ownedparks-located on theeast side'of Petaluma. Landscape'water,
audit_ssincludea=an'invento_y of sprinklers on each valve/circuit and catch-can tests to:determinefhe
prectpitattomrates and distribution uniformity of thegsprinklers: The`catch can.volumes‘areimeasured
-recorded and entered into:software developed by the Irrigation and Training Research Center,of`Cal
Poly. Reports will be,prepared forthe'City of Petaluma-with a proposed irrigation schedule for turf
"areas, based.on Petaluma's evapotranspiration (ET).:,Irrigation/controller sketches are provided that
fy p
identi 'the<location of the s" rinklers on each walve;,theirre spective precipifation,rates and
uniformity. ,Cagwin &.Dorward landscapelcontractors will be:performing landscape-•water audits,
sketching'irrigattomcontrollermaps "diagnosing and'recommending waystto;improve both the technical
performanceiand the management`of the irrigation systems. !-
C) '$10.000 Budget-.This°pilot project is'to create a'Geographic Information System;(GIS)-prototype to
map<and inventory all components of the:City's parks: While its-primary purpose is to identifyall
factors that affect water-;use at Bond Park and to gather pertinent;technical data, the;project has been
expandedzto include;otherpark features such"as lighting;paving, benches„and other.park features:
The intentpf the prototype.is!'to determine,park features.to be mapped and inventorred=to improve
irrigation management efficiency,;provides staff training'on how to inventory the=l'andscape,create
computer programs forcapturing field data, and to develop methodologies for analyzing and updating
park data.
The final report will include a copy ofthe_ArcView project.fileto use with tlie1City of Petaluma
Information*stem's master`GIS; computer datafiles, digital maps'andrecommendation,for
inventorying?additional°parks and keeping theinventories updated:
p)..$6 .400 Budget:= Water conservation:messages will printed on tee shirts,,plasticibags andbus signs to
promote the;Petaluma,Water Conservation Program. We.will,print'250 tee shirts that,will'be worn by
Petaluma's conservation;staff and Petaluma consultants working with'the community on.:water
prOj gi y at;the:Sonoma-Maria Fairand otherPetaluma
conservation; ro ects. Some tee shrrts wrll=be iven;awav
events to promote water conservation and;water-awareness., Three,thousand plastic bags (12 ' x 1"5")
will-be printed with a watenconservation message on',them. The bags`will bemsed to hold water •
conservation literature and fixtures that aregivenaway to Petaluma water customers We will also,b;e.
purchasing 6'water conservation bus signs to post'on=City of Petaluma buses. •
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E) $50i000;Budeet t-:This project will provide the strategy, documentation, and support=necessary to create
an Industrial Water;Efficiency Program for the-City of.Petaluma. This builds,i dh earlier'inork funded,
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by the.Cityof Petaluma;,Sonoma County Agency, and-the9Rose:Foundation that provided an
initial survey of lessons;learned from'similar programs elsewhere-Rnaevaluation of program benefits:and.
costss.and two demonstration projects The latter successfully demonstratedthe ability to evoke
• efficiency improi ements from industrial partnersaby_meansiof:'performance-basedpublic financial
incentives:
The;:primary objective is to improve the efficiency of water usewithinithe City's Commercial,
Industrial, and Institutional (CII) sector at less costto thel-public than;supplying water and:wastewater.
services Achieving this objective>in significaht fashion requires uncovering'and;addressing,.critical
irriplementation-issues.-Whilesome,of thesesissues>areialreadyknown,others have yet to be-identified. '
This:pr"ojecttherefore includes,procedures for identifying critical issues.so theymay be addressed in'the
program design.
The design a water efficiencyprogramfisi,fundamentally different from the traditional utility programs
that address new public;works`infrastructure, for:non-technicalissuesare;the most important. One
works with users:to reduce demand; the other,attends„to accommodating whatever new demand appears.
Accordingly, this project refers'to"social systems theory to•designodemand management.program that.
will deliver superior results:
ALTERNATIVES:.
A) Require that the Residential Toilet t-Replacement Program.participants pay for recycling'their old,high
water=using toilets. Not require that participants recycle their old toilets.
B) Include the smaller City of Petalunia.parks (less than 3 acres:of turf area)in this Landscape Water Audit .
Project and increase`the budget and staff time to adininister?the project.'These■smaller parks will have
less water savings«potential. Defer>theitan'dscape Water Audif Project to a later time
C) Include additional parks{in thepilot GIS prototype project andincrease the budgetFand staff time to
W administer the project.. Defer the pilot GIS;prototype project to another time
D) Promote,the water conservation program through other methodsAsuchias billboard advertising, door-to-
• door canvassing, newspaper,advertisements; and streaming-video clips:on the Internet.
E) Wait to prepare:theistrategy; documentation; and supportinecessaryto create an Industrial Water
Efficiency Program until another program year. Waitfor grant funding before developing the program.
FINANCIAL IMPACTS'.:
The sourceo.of`fimds'forthe City'of Petaluma Water:Conservati'on Program is Water Conservation
Capital'Improvement Project`.#9931 funded from:.
Water Utility Revenuesfrom SCWA amendmenti#10-funds 601'-400.993.1_-7104 '$26,400
WastewatenRevenues 602-400-9931-.7104 $54;000
CONCLIiS10N:
The City of Petaluma should:continue to implement water;conservation programs,in order to become,a
more sustainablecommunity,..preserve and protect'existing water resources, improve the likelihood that
additional water resources'will be available in the future andsto:help defencapital costs for the expansion
of City water facilities.
OUTCOMES!,OR-PERFORMANCE,MEASUREMENTS THAT WILL IDENTIFY::SUCCESS OR COMPLETION:. •
A) Recyclethe china portion.oftheiliigh;water using;.toilets from the City of Petaluma Residential Toilet
Replacement program.
B) Completeupto 14 landscape water audits+at City of Petaluma:parks:located on the east side of •
Petaluma.
C) Complete;the pilot CIS landscape audit,'attBond Park:
D)_Design and print tee shins; plastic bags°and-.bus signs=with water conservation messages on them.
E) Create an Industrial Water EffciencyProgram:for'the City ofPetaluma.
RECONIMENDXTION:
A) Adopt The Resolution Approving.A Professional Services Agreement For The 'Residential Toilet
•Replacement Program: Recycling Of Old Toilets' With Old Adobe Developmental Services;Inc.,
B) Adopt The Resolution Approving.A,ProfeSsionaf Services Agreement For'Furnishine.Materials And •
Services For'The^Landscape Water.Audit Project With Cagy inv&-Dorward.
C) Adopt The Resolution Approving,A Professional Services Agreement.For Furnishing Materials And
Servcies For The Land'scapelAnd`Irrigation Systerri Inventory Bond'ParkGIS Prototype With Dendron
Landscape Management Consultants,
D) AdoptThe ResolutionApproving A Professional Services Agreement For Furnishing Materials And
,Servcies For Promoting The,Petaluma Water Conservation Program With The Walker Group;,
E) Adopt Resolution Approving,A.Professional Services Agreement For;Furmshing?Materials And
Services For ThedndustrialWater'Efficiency Program With Pacific Technology Associates ,
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11111
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Resolution No. oo-119 N_:C.S.
of the$Cityof.Petaluma, California.
3
4
5 AUTHORIZING APPROPRIATION USING REVENUE FROM THE
6 SONOMA COUNTY WATER AGENCY
7 FOR THE CITY OF PETALUMA WATER CONSERVATION PROGRAM
g FOR2000/2001
9 .
10 WHEREAS, the Petaluma City Council authorized the:city Manager to enter into a cooperative
11 agreement for funding and administration of the Petaluma Water Conservation Program for
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12 2000/01 with Sonoma County Water Agency; and -
13
14 WHEREAS, the City of Petaluma will receive $230,000 in revenue from the Sonoma County
15 Water Agency under the terms of this agreement.to implement programs designed to conserve
16 water; and
17
ap NOW, THEREFORE, BE IT` RESOLVED the Petaluma City Council authorizes the
1 appropriation of$230,000, which will be funded by the Sonoma County Water Agency for the
20 City of Petaluma water conservation program for 2000/2001.
')1
27
73
•24 S/WR&C/AGENDA/YR 200/SCWA-CONSERVATION PROGRAM'7-17-00/SB
- 'Under:;the'powex and,.authority`conferred'upon a&is Cauncilby the Charter•of.;said;City.
REFERENCE: I.hereby certify"the'foregoing'.Resolution was introduced and adopted by the Apprform as to
Council,of the,City of Petaluma at a (Regular). (Yalu.1n5eH;X.3p'6d5.94)tmeeting
on the 17th day of -- July.r...20.0U ::::.......:. by the /
(. 'V
' following City Attorney
AYES: Healy , Caden-Thompson , Keller , Maguire., Harnilton', Vice Mayor Torliatt
Mayor Thompson
�S: None
ABSENT: None - L
City Clerk Mayor
- Coimd Fi :.
1 d-.I0 H5 Nos. Nu ,NC.5,
mob j\wtechwtagremntstpuo ni,■etTwalesnoneec orog- O Inc aoc veriien,fin 5/00 C 5 Y Pfd.
TW 99/00-100
• C ooperative,Ag reement: •
for Funding And Administrationof•the
Petaluma Water'Conservation Programtfot 2000/01
This agreement is between the.Sonoma'County Water Agency,,a body corporate and politic of the State
of California (hereinafter,'Agency"),,arid City oPPetaluma (hereinafter"City").
• RECITALS
A. The City and Agency, share the ;goal.of promoting increased,,efficiency of water use in order to reduce
operating costs avoid or defer ',Capital improvement costs associated with expansion of water supply and
wastewater disposal systems; minimize associated environmental:impacts, and meet criteria and standards of
state and federal regulatory agencies,
B. Amendment No 10 to>th Agreement for Water'Suooly and Construction of the Russian River-Cotati Intertie
Project approved:by the Agency's Board of Directors Resolution 97 1128 on August 2B, 1997, authorizes the
Agency to implement and fund water conservation measures that are cost effective and will reduce water
demands.on„the•transmission system..
C. Agency and City have..cooperated to implement;a Water Corservation,P_rogram for the past 3 Years which
consists of specific programs to improve water efnciency The City desires the Agency's continued assistance
in developing and/or implem ngng specific progams witnin'City's Water Conservation Program as described
'in Attachment B.
D. The City is requesting a total of$389(000`foh;program funding.
E. Funding for this program is available,'from allocation in the Agency's category of "Water Conservation
Program,” Sub-object 7247, (Account No 675108)within the Agencyls 2000/01 budget.
F. Agency and City do mutuallydesir&to cooperate in the implementation and;fihancing,ofsaid Program.
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AGREEMENT
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The City-and:Agencyagree es follows:
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1. RECITALS'
All of.the abdverecitals'aretrue.and°correct.
2. DEFINITIONS
For the•.purposes of this agreement:the fallowing'ter'ms and definitions shall be used
. Contractor-.Contractor hired by City toperform instailation of equipment and recycling for Participants of
applicable programs fund'rai'sing activities and/or marketing,to Program Participants and/or applicabie
staff.
Participants -City df Petaluma wateror wastewatercustomerewho qualify under the terms and conditions
• of each individual program as described'in Attachment B.
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CooDeraWe Agreement for Funding and Admmisiranonol tyre Petaluma Water Conservation Program for 2000/01 • 1
Prooram- For:the purposes of this agreernent"'Program"`shall refer collectively to the Water Conservation
programs described in Attachment B and related activities the City and Agency have agreed to perform in
cooperation.
Program Administrator-Agency staff assigned to implement Program and perform Agency's
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sesptihibnities.
3. °COORDINATION •
City shallcoordinateellwork with Ag`ency's.Program Administrator. Lynn Hulme Water Conservation
Spec alistt(Phone 70.7-547-i 918 Fax 707-5;4-3782) or assigned personnel- City`contact is,Thomas
Harg s Director of:Water Resourcesand Conservation(Phone: 707-778-4304; Fax or
assig ned,''personnel.
4. CITY'S RESPONSIBILITIES
City Agencalservicestpro id d ror`intSection c5 andnA Agency'funding costand
provided ror in Section 6 belOW. In Y P 9 Y P pelow In so
doing: •
A City shall provice;Agency s Program, Administrator with requested policy and/or direction during
Prpg am.
B City shall provide,an ergonomically correct work space for use as a program.iofice by the 1Program
Administrator able to accommodate two people at any given, time including desks; dedicated
telephones. with 'Hotline" at 707-778-4507 and capabilities for 'four message/announcement
mailboxes, and chairs.
C. City shall'.provide meeting facilities for.any necessary meetings•relating,toProgram..
•D: City.shall provide;Procram Administrator within;current mailing list, including.narnes and addresses,
for residential water'customers with'summer and winter watervse amounts
E City shall providetProaram Administrator with aecurrent mailing list; including:names and addresses,
for'non:residential water customers.
F, City shall select land :hire Contractors,reduired by Program,, based on Program Administrator's
recommendations. • ,
G., City shall pay, invoices;submitted byContractors and approved by Program'Administrator:
.H City shall require its;Contractors to insures and'indemni yithe Agency using the language'identified 'in
Attachment A as the language for Agency insurance and indemnification requirements in"the request
for proposal',package and`shall provide:evidence of such insurance'and indemnificationto Agency::in a
form satisfactory:to:Agency.
I. City shall,select, based on.Agency"recommendations, all fixtures:included`in Program'.
J. City`shall maintain complete and .accurate records of'all transactions in compliance with:generally
the dr.-
accepted accounting principles for enterprise accounting as_promulgated by the Institute of
Certified Public Accountants and the Govemmental Accounting Standards Board. Such•ecords shall
be'available toithe Agency at all reasonablettimes.for inspection-and analysis.
K. City:shall; within 60 days of•completi'on of the,Program as;described herein or termination as,provided
for in Section 10, submit to Agency:complete statement of costs+accounting for. all City's' Programs
costs.
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L. City shalltpay alliapplicable rebates/incentives to,Program Participants, as qualified and'submitted by
Agency.
Mt City'7&iail provide:at least one (1) staff memoer with knowledge of City water'accounts;to work'Special
Event Fund'=Raising for two 8-hourweekend'day . •
• Cooperative Agreement tor and Administration of the Petaluma Water Conservation Program for 2000/01 2
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N 'City shall meetiwith Program.Ad'mihistratorandAgency staff todiscussCity's goals and objectives for
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the following programs:;
• 'Residential Irrigation:Management.
•° • 'Low Water Use Landscaoe Ordinance. •
O. City' shall;work with Agency to create Water Conservation Web ,page and shall pest information
supplied-by Agency and: •pdate web page'as necessary.
P. City shall copy and insert two water conservation flyers, provided.by Agency, into water customer's
• bills.
Q. City shall-invoice the Agency for costs. authorized 'under this agreement All invoices submitted to
,Agency by City shall be clearly marked with :"City .of- Petaluma, Funding iof 2000/01 Water
'Conservation Program Project/TaskNo.3599-9 and•Account No. 675108-7247."
5. AGENCY'S RESPONSIBILITIES
A. .Agency will provide general Program management consisting ofthe following:
.1 Assign Project Administrator to coordinate, document; and ,report on the overall administration
and follow-up of the Program
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• Provide staff to resoondtto incoming calls from the "Hotline,"established under Section 4, item B;
as needed,•for the duration oflthis agreement,
• Prepare overall marketing schedule'forthe Prog arzi`
• Review; 'verify, and '.forward to City `payment 'requests from Contractors 'and Participants
requesting rebates/incentives_
• 'Monitor and track'work progress and Program costs:
Prepare monthly reports summarizing status of all aspects of Program and submit to City and
• Age'ncy's General Manager/Chief Engineer.
• Work with City to create Water:Conservation Web page and;provide City with updated information
for posting to'website:.
• Coordinate Public Service Announcement:(PSA) video marketing campaign:
• Design and provide 2•camera-ready wate_r,conservation flyers,
• Design and;coordinate,signs':forCity buses to market the,toilet and"irrigation programs.
B. Agency will,provide. the following 'services for the ■on-Residential. Toilet Replacement Program,
'described`.in'Attachment B:
• Mail up to 1,000 Grb'chure/applications to`commercial industrial water customers.
• Run two Y- page ads iwthe local newspapers promoting he Non-Residential Toilet Replacement
Program:,
,• Process Application:forrr s. •
C. .Agency will provide thee'following services:for the`Residential Toilet Replacement Program, described
inrAtta'chMent B:
• Provide:draft"Request,for Proposal' -and;sample scope of work for Special Event Fund Raising
Contractor, described in Attachment B.
• Contact potential non-profit;partners and.codrdinate'fiundfraising events.
• Provide at least 2 staff:to work at the Special Event Fund.Raising weekend days:
• Contact and:market the Rebate Program with local supply stores.
• Run two Y._ page ad in the.local newspapers promoting the Residential Toilet Replacement
Program:
• Process,Application`forms.
• Design;,print,and distribute marketing materials for the Rebate Program.
Coopetaave Agreement for runding andAdmmtstration of The Petaluma Water conservation PrSgram for 2000101 - 3
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•D_ Agency, will provide the following services for the Residential Water Management, described in
Attachmehf B:
• • Coordinate the public information .outreach. personal contact ;and pilot ET Satellite controller
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components.
▪ Prepare and•publish monthly irritation infermation_in two local ne wspapers.
• Instruct residents in landscape water management. •
Purchase landscape water conservation tools
• Prepare draft scope of work.-for professional 'services:agreement'needed. to hire contractors for
the;Pilot ET Satellite Controller andResidential Water'Surve.Ys..
Agency will prdJide the •following• services for the Landscape Water Audit and' Irrigation, Incentive
Program, describedjin Attachment B`
• Up to 201andscape water•audits';at'cualified;non=residential waterlcustomera.fadilities:
• Disseminate ET data•to Petaluma;s landscape irritation professionals_
Coordinate up to 4 Water Management traihing for City Parks' staff and local 'landscape
contractors. •
• Design+and purchase 2 'Sprinkler Test" signs.
Prepare monthly reviews that'cornpare water use to ET for City parks.
• Purchase'software:and Internet;access necessary'to administer the irrigation programs:
• Expand;;market arid!administer-:the Irrigation Incentive Program.
F. Agency will :provide the following services for the Landscape Water Conservation Ordinance,
described in Attachment B:
▪ Meet with City staff•and 'based on,those meetings will review and develop potions,for a revised
Landscape Water Conservation Ordinance.
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G Agency will provide program Development ;assistance for •the City s Commercial/Industrial 'Water-
Survey and Incentives Program to City consultant; Bay Institute of San Francisco, and,program •
participants: .
6. FUNDING
A. Upon execution_'of this agreement, receipt of an invoice thereof and receipt•;of evidence of insurance
and indemnification from the City's'Contractors,:Agency will deposit with City;S230;000, which is to
• fine-rice a portion of the following costs:
• Spe_cial:,Event contractorsnd Direct;install contractors:labor'and materials'for Residential and
Non-Residential Toilet Replacement Program. •
• Irrigationdnbentive and Toilet Replacement rebates.
• 'Internet and telephone 'charges for Water Conservation 'telephone including. four
message/announcement mailbdzesi. •
• Newspaper;ads, City:bus signs, PSA videos, and•marketing campaigns
• Contract services formarketing;;and.administration.
B. Agency will:fatso provide up to $159,000 for Program administration consisting of Agency:staff'time
and:rtiateriertosts. '
C, Agency's maximum obligation underthis:egreementshall not exceedj$389.000.
7. ADDITIONAL REQUIREMENTS
Ar A9ency will notify City in,writing;when Grogram management costs reach $135„180, which 85% of
Agency's budget for Program management-as proveded for in Section 6, item`B.
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Cooperative Agreement for fenong and AOmIOIStratIon of tee Petaluma Water 0oeser'alion Program for 2000/01 4.
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s. ' Agency will also notify Ciy in Writing when costs for City's Contractors and rebate payments have
reached $195;500; which is '85% of Agency's budget for costs ias described and provided for in
Sectiohlo; item A.
C. Once.Agency has notified City, City shell.advise Agency in writing'Within `30 calendar days of its
desire to do one:of'the following:
1) end the 2000/01 Program when 100% of Agency;funding is pe pleted: or
2) fund 100%!of additional Program costs to continue with the 2000/01 Program without additional
funding.from Agency;or.
3) request additional funding from Agency. In such event, City shall submit a revised budget
estimate to Agency's General Manager/Chief Engineer With a written request, including reasons
for cost overruns.
If Agency's General'Manager/Chief Engineer determines that the additional costs are reasonable
and that additional funds are available in Agency's Water Conservation Program, Agency's
Generate,Manager/Chief Engineer may in his-discreion,.execute an amendment to this agreement
to increase Agency's contribution to Program costs by an additional amount not to exceed
525:000.00. 'Notwithstanding this authority, Agency is under no obligation to approve such
requests.
D. General Manager/Chief Engineer's Authority. The Agency's General Manager/Chief Engineer is
authorized-to ezecutearifendments that cumulatively do not exceed 325,000, pursuant to paragraphs
7.C.3 above.
E. Refund of Remainina•Funds: If the Program cost accounting statement submitted under paragraph
4.K of this agreement demonstrates that Program costs are,less than the amounts paid to City, City
shall refund difference to,Adency Within 30 days ofaubmitting said statement to Agency.
F. No Waiver of Breach. The waiver by Agency of any.breach.offany term or promise contained in this
agreement shall not be deemedto be`a waiver of such term.orprovision or any subsequent breach of
the same or any other term oPpromise.contained in this agreement..
G. Construction: To the fullest extenttallowed by law,,the.provisions:of.this agreement shall be construed
and given effect in a'manner that;avoids;any violation of statute, ordinance, regulation, or law. The
parties covenant and,agree that in'the event that any provision of thisagreement is held by a court of
comPetent jurisdiction;to be invalid, void; or unenforceable, ;the remainder of the provisions hereof
shall remain in full force;and effect and shall in no way be affected; impaired, or invalidated thereby.
City and Agency acknowledge that they have each°contributed toithe making of this agreement and that,
in the-event of a dispute overthe.iriterpretation of this agreement, the language of the agreement will
not be construed against'one party in favor of the other. City:and Agency acknowledge that they have
eacn,,had an adequate opportunity to consult with counsel in the negotiation and preparation of this
agreement. '
H. No Third-Party Beneficiaries: Nothing.contained this agreement shall be construed to create and
the?parties do not intend to create any rights in third parties.
I. Applicable Law and Forum This agreement shall be construed and interpreted according to the
substantive.law of California excluding the law of conflicts. Any'action to enforce the terms of this
agreement or for the breach thereof shall be brought andtried in`the'County of Sonoma.
J. Captions: Th"e' captions in this agreement are solely for convenience of reference. They are not a
part of this agreementand shall have;no effect on its construction or interpretation.
K Merger This writing is>'intended both as the filial expression of the agreement between the parties
heretorwith respect to the included:terms and as a complete and exclusive statement of the terms of ,
the;agreement, pursuant to Code of Civil,Procedure Section 1855, No modification ofthis agreement
shall beeffectile uMess and`until such modification is{evidenced by a writing signed by both parties.
L. Timeof'Essence Time is and shall be,of the essence,of this agreement and every provision hereof
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Cooperative Agreement for Fummng and Administration of me Petaluma Water.Conservation Program for 2000101 5
8: MUTUAL INDEMNIFICATION
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Each party shal(Indemnity, defend, protect, hold harmless. and release the other, its:rof tiers.-agents. and
employees, from and against any and all claims• losses proceedings;-damages, causes-Of action liability, •
costs of expense (including attorneys' fees and witness' costs) arising from or in connection with, or
caused by any act; omission; or negligence of such indemnifying'party. This indemnification.obligation
shall not be limited in an way by any''limitation on the amount or type of damages cr compensation
payaole"to or for the indemnirying party under workers' compensation acts• disability benefit,acts, or other
employee benefit acts. -
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9 TERM OF AGREEMENT
The,,term of this•aareemenCshall be one,yearfrom the date or the-Signed aoreement, uales terminated
earlier in accordance with the terms herein..
10. TERMINATION"OF'AGREEMENT
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This agreement may be canceled upon thirty (30ydays written notice byeitherparty:
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Cooperative Agreement tort Funding and Mmmistration of the Petaluma Water Conservation Program for 2000/01 6
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IN WITNESS,WHEREOF,.the parties,hereto nave;executed°,thisiagree.ment asset forth below.
7.
Reviewed as to-substance•by City: ,- Reviewed as to-substance by Agency:
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Department Head Department Head
Reviewed as to';unds by:City• Reviewed as'to&funds byAgency•
\F'i r ei . -III . �i 41,,../,,. l __,-.c. -----
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Finance Director (t3ivision Manager- Administrative Services
Reviewed as to form by City Attorney:' Reviewed asto m by CCounsel:
,c---- C:5—) ,
City Attorney • County Counsel vV
Approved as to form:
s)City's Risk Mana
• CITY OF P- ALUMA — SONOMA-COUNTY WATER AGENCY
By: - By
Qom„ pager 'Chair Boardso Directors
Date: < L, , 2 d2Ca5,r`, . - Date:. 5 ` Z/2 ov6 .
Attest: ` Attest: •
Y , w..� p. • 2
City Clerk () .. County,Clerk,and,ex,officio Clerk of the Board of
Directors
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Cooperative Agreement for Firnor':a aria Aorrunlstrzaon'of be Petaluma Water Conservation Program for 2000101 7
I
ATTACHMENT A
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WORDING FOR DIRECT-INSTALL CONTRACTOR. •
, 'INDEMNIFICATION
Contractor agrees to accept all responsibility for loss or damage to'any person or"entity. and'to defend,
indemnify, hold':.:harmless and release the Gty of!Petaluma and the-Sonoma County-Water.Agency, their
agents and'iemployees„from and againstanyand all actions, claims; damagesr or,disabilities', that may be
asserted';by any person or entity including,Contractor arising`out of or in connection with theperorrnance.
of Contractor hereunder, whether or not;;there is,concurrent negligence on the part of City or Petaluma or
Sonoma County Water Agency,-but excluding liability due to the sole active;negligence or sole willful
misconduct of City of Petaluma or Sonoma County Water Agency n.This indemnificatitn obligatio is,not
limited in any way by any limitation on the amount or type of damages or compensation'payable-to:or..for
Contractor or its agents under Worke_rs'. Compensation acts, disability benefih-adts cr :other employee
benefit act's.
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INSURANCE •
The Contractor shall obtain insurance acceptable to.the.City of Petaluma and the Sonoma County` Water.
Agency from a company or companies:acceptable to the,Ci y and Agency. The required documentation of
such insurance shall be furnished to the City at the time./Contractor returnsi the executed contract. The
proper insurance shall be.iprovided within ten (10) calendar days'after the contractor has received the
notice that the contract has been awardedand prior-to the City executing the contract The Contractor shall 4,
not commence work nor shall;he allowahisemployees;orsubcontractors or anyone to commence work:until
all insurance required hereunderhas"been submitted and approved. •
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With respect to performance of.work underthis,contract; Contractor shall maintain and shall require all of
its Subcontractors to maintain insurance as described below:
A. ;Workers'Compensation ,Insurance with statutory limits as required,by'the, Labor Code oftthe
State of Caiifornia. Said policy shall be endorsed with the following specific,lariguage.:
This policy;shall not be canceled or materially changed without firsts giving thirty(30)days
prior written notice lb the City of.Petaluma_and Sonoma,County .Water'Agency.
B. Commercial General Liability' covering.bodily injury+and property damage utiliiing an.
occurrence policy forth, 'in ian amount no less than $1,000,000 combined single limit for each
occurrence.' Said commercial general liability`insurance policy shall':either be endorsed with the
following specific languege•or contain equivalent language in'the policy:
1. The:City of Petaluma'*;and Sonoma County Water`Agency,their officers and employees,
are':named as additional insuredforall liability out of the-operations by or ort behalf
of the named insured in the performance,of this contract •
2. The inclusion of more than one insured'.shall not operate; to impair the rights::of one
insured against another,insured; and the coverage afforded shall apply as 'though'
separate policies hadhbeen issued to each insured, but the inclusion -of more than one
insured shall'not operaterto.increase the limits of the company's liability.
3. The insurance,provided,herein is primary coverage to the City of Petaluma,and'Sonoma io
County Water Agency with respect to any insurance or self-insurance programs.
maintainedby'theCity,bf'Retaluma andlhe Sonoma County Water Agency.
Cooperative Agreement for Funding and Administration of ine Petaluma Water Conservation Program for 2000101 A-1
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4: This policy;sha11 notbe canceled or materially changed without first giving thirty (CO) days
• pnorivntten notice tortrie City of Petaluma arrdilhe Sonoma County Water Agency.
C. Automobile Liability!Insurance covering bodily injury and property'damage in an amount_no less
than 5500,000 comoined single°limit for each occurrence.. Said insurance shall include coverage
for owned;, nired; and.non=owned vehicles. Said policy shall be endorsed with the following
languace:
This policy shall not be canceled or materiallychanaed Without first giving thirty (30)
gays prior written.notice to the City of Petaluma^andISonoma County Water Agency
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6NCeralrve Agreement for Funding and Administration of the Petaluma water.Consenialion Program for 2000/01 A-2
ATTACHMENT B •
City of Petaluma Water Conservation Program •
For Budget Year 2000101
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prepared by the Sonoma County'WaterAgency
INTRODUCTION
The City yof''Petaluma s (City) Water'r Conservation Program (Program) includes development and,implementation
of various water conservation measures will reduce thekamount of water used by the,customersof'
Petaluma's Water Utility System as well as reduce the amount or water discharged to Petaluma s Wastewater
Treatment and Disposal System.
This Proaram,consists primarily'of voluntary, incentive-based water conservation programs. The use of
voluntary conservation programs allows for communiy involvement and education.to achieve water resource
management withouthigh levels of mandatory regulation. Water-Conservation Programs include:
• Residential and'',Non-Residential Toilet Replacement Programs •
• Residential Water Management Program
• Non-Residential.Landscape Water Audit and Incentive Program
• Landscape Water Conservation Ordinance and Water-Waste Reduction Program
• Commercial/Industrial Water Survey and Incentive Program
We will'exband our community outreach and education program through regular newspaper ads,-feature water
conservation messages on•the back of Petaluma buses,and provide City staff with.water conservation
information throughout the year.
W>_ propose to work with the Council for Community Television to utilize the medium of video to:produce a:series
on,water conservation projects. The City will sponsor contests for Petaluma residents to compete for financial
scholarships or other incentives for producing the winning water conservation videos Council'for Community
Television will seek community partners to financallyparticipate in the scholarsniosand/or awards. Community
television is an:untapPedresource for furthering community awareness and participation.
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An estimated $2,780;083 of funding will be,'available from 1998')through 2009 to;the'City for water conservation
measures and water/reuse programs. These funds,are included and identified in City's portion of the Sonoma
County Water'Agency(Agency) Draft Water Conservation Plan with,the goal to reduce water demands on the
Transmission System. The program costs and water savings estimates are based on:
• Agency-funded .Montgomery Watson Study, Water and Wastewater Efficiency/Avoided Costs Study,
September 1995 (MW Study)
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• .John Olaf Nelson Water Resources'Management, City of Petaluma's 1997 CII Toilet:Replacement Program
• Industrial Water Efficiency Program proposed for the City of Petaluma and the Sonoma County 'Water
Agency,April 26, 1999, prepared by Pacific Technology Associates for The Bay Institute of'San Francisco
with fuhdingfrom The Rose Foundation:
Agency staff will work.closelywith City staff and`contractsupport to administer the Water Conservation Program.
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Cooperative Agreement for Funomg and Apmi i s:ration of the Petaiuma Water Conservation Program for 2000(01 3-1
City of Petaluma - Capital 'Improvement Plan (C1P)
• in thousands of dollars
SOURCES Currenrlear. -FY ''FY ;FY .FY ' FY 5 YR CIP;
- FY 99-00 00-01 '0142 .. :02-03 03 04_.;` 04 05 . ' TOTAL
WPC Operating 4S. 4S 4S 4S 4S 22S
Fund (City) .
WPC Capital 319 99 99, 99., 99; 715
Fund (City) - -
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Special 1-47 ;389 92 92' 92.' -:92 757
Assessment t`"
(Agency)
TOTAL ,I a31 :r'i7�3 I °236 I "236' I" 2236"I ' 236 `1697
Water Conservation Program —,FY'00=01 'Budget Year
in thousands of dollars
Agency WPC WPC
Amendment Operating Capital
-P
Water Conservation rograms Total
#10 _ Fund Funds .
• Non-Residential Toilet-Replacement 1 681. 211 1411 . 230
.131 105 167
Residential Toilet Replacement 49
1Residential'Water Management. 105 0 01 . 105
Non-Residential Landscape,Audit and 122 0 0 122
Incentive
Landscape Water Conservation,Oediiiiance 1 I1 0 0 11
Commercial/Industrial Water Survey & 34 11 73 118
Incentives
Total) 3891 45 319 753
Cooperative Agreement In Fundmg and Aom'ntstradon of me Petaluma Water Conservation Program tor.]000IO1 _ B-2
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NON-RESIDENTIAL TOILET REPLACEMENT'PROGRAM
Background
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In 1997 the City of Petaluma initiated a Non-Residential Toilet Replacement Program with the goer to replace •
• 50% or 1,525_'high-water using toilets,twith new water-conserving fixtures in industrial commercial, and
institutional facilities To date', 47%,•or 861 toilets, (of the 50% replacement goal)"have been replaced at a Cost
of 3311 187 or 3361 per toilet. The annual water savings of•the 1;825 toilet replacements is estimated to be 62.3
acre.fe=t:belt year(AFY).
In-Progress Admiriistration
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T'ne+budgebforFiscal Year 2000/2001 for this program is 3230,000 and is described below..
The City entered into a one-year prbfessional services agreement with Action Plumbing Maintenance and
Heating in October 1999: So•far, we nave received applications-for replacing•approximately 3`00,,toilets We
.anticipate that this agreement_ will be extended through the: end of the fiscal year This extension Will allow
additional time,for non-residential water_customers to; apply for the program. Although applications are not
coming in as fast as,they did,at the beginning)we are finding that a number of businesses haverePlaced their
• toiietsion theirrown withoutassistance fromthe:City: -
iln the
v s applicantsotwoboptionns: 1) Direct Install Option:where fixtures are supplied Toilet
° ° supplied and
installed by; Action Plumbing„ a City-hired' coniractor_and' 2). Rebate Option-for customers who prefer'to buy
'colored or fancy-style equipment from their own supplier, and/or want to use their own contractor orqualine_d in-
house maintenance personnel. Rebates are S100 for a 'gravity=flush toilet and 3150 for a commercial-type
power flush toilet.
Agency staff will continue to work-with City staff to marketand administer this program.
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Cooperative Agreement for Funding and Administration at the Petaluma Water Conservation Program for 2000/01 - B-3
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RESIDENTIAL TOILET REPLACEMENT PROGRAM
Background
. The' 10,-year •Residential.Toilet Replacement;Program; coal is to rec 25% or 7,039 gravity`lush toilets in
• residential dwellihcs. Thewater savings is estimated tb be 8c i AFY:
A Special Event Fund Raiser kicked off the first•yearof the R sidehta Toilet Replacement Program, replacing
957 high-water-using `toilets. Free-of=charge 1,6-gallon pe--flus' toilets, faucet :aerators, and low-flow
showerheads:(fixtures)were pi'ven to residential water-custpmers dune_ dne•weekend on-September 1999. The
City donated 5'15 per toilet to Casa, Grande and Petaluma Hiah S_-colsi-for working with the City on this
proaram.
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2000101 PROGRAM ADMINISTRATION -
The budget Fiscal"Year 2000/2001;for this proaram.is S167;000 an s described below.
The second year of the0program will offer participantsrone:or>two optic-3 for fixture replacement Special Event
Fund Raiser, and/or Rebate Rebates of 5100 per toilet will be;paid participants who wish to purchase and
instalitheir own fixtures. The goal;is:to reolace,:1 000 high-water-usinc tzilets,during the 2000/01 program.
The .program(s) will be marketed :through public service announcements, bus signs, newspaper ads, and
cooperative advertising with local plumbing:supply stores.
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Coceera me Agreement for Funding and'Aarn n st2tion of ale PetaJuma Water Co rvation Program for 2000/01 5-4
9 9
RESIDENTIAL WATER MANAGEMENT PROGRAM
Background
A California.Irrigation Menadement.Information System;(CIMIS)weather station was installed at the Rooster Run 't
Golf Course in 1999. This station provides the evapotranspiration data needed to develop and'implement'the
irrigation management program.
2000/01 Administration
The budget forFiscal'Year 2000/2001 for this programis 5,105;000 and is described below:
Agency will:
Develop and implement a water management program to assist Petaluma''s residential.customers with water
;conservation and reducing peak water use The program will focus on answering the question ,%How much
irrigation does your,landscape need? An extensive public information outreach program will be dev'elooed,and
,:implemented;during the irrigation season We will orepare;.monthly newspaper ads update City web page',,and
irrigation managementrmessageson City bus;sidns.
'Develop and,:implementia,oilot ET.Satellite,Controller programtfor up to 50 residents with large landscapes The
top,water using residential water consumers wtll`be contacted by.,mail and offered'a fre "on-site water survey If
those::contacted,,quahfy, they will also,be eligible-for a freeiET Satellite Controller Program. The pilotprogram;will
inelude the'folloiving:-
1. Residential Water Survey
We will develop and.implementa water survey that includes the following elements:
Indoor'SOrvey
• Check for water'leaks, including faucets;and,watef meter check.
• Check showerhead 'flow rates, faucet flow rates and offer to replace or recommend replacement, as
necessary.
• Check for water leaks and flow fates of toilet(s) and replace leaking toilet flappers and recommend
'replacement of toilets with hgreater than 1.6:gallons perflush.
Outdodi Survey
• Check the operation of irrigation system and capabilities of•existing controller(s).
• Develop a-recommendedirrigationschedule. .
• Instruct:residents how to:program their irrigatioh controllers
ParticipantReport
• Program participants will be given a summary"of the survey-,'results, a recommended irrigation-schedule
and additionar ater•conceeNation infor'nation.
2. Pilot ET Satellite Controller
• Free.ET Satellitecontroller.
• 'Installation';of free ET Satellite'controller.
•. 'Station by station scheduling..
• lnstallationrof free rainshut-offdevide.
• Measurement of.landsdape area.
• Broadcast?signal fee paid for 7 months.
University`research of landscape and agricultural water use has determined that evapotranspiration (ET)
is the=:recognized and accepted method to a deliver precise irrigation for landscapes. However, setting
c000erauve Agreement Ior r.und,ng and Aom,n a ration of me Petaluma Maier 6onservauon Program for 2000/01 .B=S'
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• !irrigation schedules b9 the ET rate is a sophisticated time-consuming tends ongoing activity, Thus, it is
rarely ;performed.by<homeowners!and:infrequently: by landscape professionals. The results of improper
irrigation scheduling, are over-watered landscapes, wasted water.summer'peaking, high water bills and
• infrastructure ihcreases,to meet demands.,
A new teohnology'has been develo P d by^Michael Mariam„Network;Services Corp', a Petaluma resident,
to eliminate,the inherent'problems of efrcient,lirhaation,scheduling (U,S. Patent-n5:208,855, Method and
Apparatus for Irrigation Control Using' Evapotranspiration) A weekly broadcast signal with the local ET
information is isent and picked up by a,comouter chip embedded,in the controller, which automatically
adjusts the irritation schedule: This controller will be,ready for installationnnto pilot projects by the spring
of 2000. The+current studies'of this technology/ET signal controller.show:
• 30% savings of landscape water in residential.homes of modestsize in Irvine, California (or a 15%
savings:oftotal home water use).,
• Tne ET Signal 'Controller snows they 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 sayings.of:25,00Q gallons per=test home in one year
With'a projected cost of$150-$225;fbr the ET Signal Controllerunitand.installation.
• Landscape water use can'be,set forlocal:ETand 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 weekly to insure that-irrigation,schedules match changes in weather.
. • Individual site'irricationschedujes are.estaolished with regard,to oil,'planttype, microclimates (sun or
shade), specific sprinkler type etc'
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• Receiving the ET Signal requires asservice and broadcast fee (generally established by the size of the
landscape and water savings potentia fl that is costs less,than the costofsaved water.
• The technology patent holder offers.a-yariety of fee',collection options for.agencies,and/or customers
to be`furtheranalyzed.
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• The ET Controller is convenient forcustomers.
• The ET Signal Controller is priced to ht within existing or traditional,agency ULFT distribution and
homesurvey programs.
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Wateragencystudies:cite that homes typicaIly 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 usedroutside.in the landscape. As indoor. plumbing retrofits reach saturation, or where
new homes already; utilize ow-flow plumbing devices the),landscape-is the next significant water savings
opportunity..for agencies and customers. (Where "peaking",is.a problem, saving landscape water is far ,
more valuable than saving interior water to accommodate infrastructure capabilities.)
It has also been?recognized that with current.technology anditechniques achieving home landscape water
use efficiency;requires, consistent customer action 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.
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Ccooera:ne Agreement for Fuming ane Aam,mstratton of the Petatvma Water Conservation Program for 2000/01 B-6_
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NON-RESIDENTIAL LANDSCAPE WATER AUDIT & INCENTIVE PROGRAM
Background
The City of Petaluma is implementing Large Landscape Conservation' Programs and:'Incentives for non- •
residential water customers. Theprogram includes:.
Local ET Data
A California Irrigation Management Information System,(CIMIS) weather'station was installed within the
City-limits ThisCIMIS'weather station orovidestheevapotranspiration data needed,to develop irrigation
Schedules fork the Landscape Water Audit and'Irrigation Incentive Programs.
Education
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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,
evaluatej,irrigation systems. and develop efficient`irrigation schedules for drip, ,bubbler, microspray and
sonnklerisystems: The majority of the course was'„spent in the field perrorming:"lanoscaoelaudits" and
at the computer generating irrigation schedules with:the audit software.
'Landscape Water Audit Prootram
The Landscape Water Audit included;an inventor/ of sprinklers on each valve/circuit anthcatch-can tests
to,determine the oreapitation rate=and:distribution uniformity of the sprinklers. The catch can volumes
were measured, recorded and entered;intosofhtiare developed by the Irrigation'arid 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;maps were
also provided theta identified the location of the sprinklers on each valve-, their respective precipitation
• rates and distribution uniformity.
'lrriaationlhcentive Program •
A customized Irritation In centive 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
matenall costs ,of the ',irrigation equipment,that will improve water use efficiency of existing irrigation
systems.
2000101 Administration •
The budget for'Fiscal Year 2000/2001 forthis..program is$122 000._and issdescribed,below.
The 2000/001 program includes'the following:
1. Disseminate ET data to Petaluma's landscape irrigation professionals.
2 Coordinate'continuing water Fnanagemerit:training classes.
3. Perform up'to 20 landscape.water audits at landscape areas that are,larger than 1 acre..
4: Prepare a monthly:reviewthat compares water use with ET for'each park.
5 'Expand thecCity s:icustorriized•Irrigation Incentive Program and market it to non=residential Water customers:
LandscaperWaterAuditswiltlalso'beperformed in;conjunctionwith"the Irrigation Incentive Program.
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cooperative Agreement for.Funding and Aommislrat on of me Petaluma Water.Conserval on Program for 2000/01 B-7
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LANDSCAPE WATER CONSERVATION ORDINANCE
In=Progress Administration
• The budget for Fiscal Year 2000/2001'for this program is 511,000 and is described below.
A new Landscape Conservation Ordinance isbbeing 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 your businesses.
The ordinance applies to:
• All new and.rehabilitated industrial, commercial, 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 follow efficient •
. irrigation practices.
Exemptions include:
• Single-family residences and multi:family private areas, however, all residents are encouraged to follow
them.
• Registered historical site..
• Ecological restoration projects thatdo'not require permanent irrigation systems.
• Agricultural cultivation.
• Any landscaping that is irrigated solely by.reclaimed (treated, recycled wastewater)-water and to which there
is no pipeline installed to deliver potable City water.
As a supplement to the Ordinance„aSustainable landscaping Manual is'being written..The manual addresses
work to conserve recycle and reuse;resources and is directed'toward!increasing the efficiency and reducing the
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consumption of energy, water, and chemicals in landscaping.
A Water Waster Ordinance is being developed td address opportunities for water savings and nonessentials
uses:
• The washing ofsidewalks and other hard'-surfaced areasby direct:ho"sing.
• Water leaks.
• Excessive run=off of irrigation water and:overspray.
• Washing machinery directlytwith a hose'noteguipped'withia shutoff nozzle.
• Water for non-recycling decorative'water fountains.
• Intentional disposal of debris into storm drains is,prohibited.
A landscape,water budget training course was taught in September 1999 by a Cal Poly professor. Water
budgeting,'software for use by planners 'designers and landscape managers was presented. The software helps
the user define hydrozones, evaluate "what-if' situations for planting areas to comply with the water budget;
forecast annual water use, and evaluate annual water costs. Preliminary irrigation schedules can also be
generated. The WaterBudgeting Handbook is based on the state's Model Landscape Ordinance (AB 325) and
the software can be tailored,to handle-alternative water budget-and allocation methods.
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Cooperative Agreement Ire funding and Administration of the Petaluma Water Conservation Program Ior.2000/01 B-8
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COMMERCIAL/INDUSTRIAL WATER SURVEY AND INCENTIVES
• Background.
. In 1997, the City initiated a 10-year Commercial/Industrial Water Survey.and Incentive'program with thee:goal to
obtain 10% participation and achieve a 10,acre-feet per year (AFY)-estimated,water savings ,During,the'firsttwo
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
from the Rose Foundation for Communities and Environment. Mishi Apparel is implementing the water,
efficiency recommendations in phases. They are currently in the first phase which •includes replacing'existing
washing machines with front-loading, horizontal.:axis machines. The estimated:water•savinds will be 4 acre-feet
per year when this project is complete:
•
•
Early 2000, a second demonstration.site was selected for the program, Sofa Opticali"USA, In c..,.'headquartered in
,Petaluma (manufacturer of• approximately_113 of all ophtnalmic lenses worn in the United States); ; The
estimated water savings is 7 acre=feet per.year when this project is complete. The Pacific Technology team is
currently purchasing instrumentation equipment (clamp-on'flowmeters, associated data loggers 'andd,related;data
integration•services),and performing an extensive water+efficiency evaluation including:
•
• Developing a dynamic water balance for the ,plant, including indoor Tand outdoor uses. There is
currently a single City water meter far 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
Sofa Optical .USA, Inc,)'will isaye 11 acre-feet per year This estimated savings is ias much,water as was
predicted for the entire first-generation Commercial/Industrial Survey and Incentive Program proposed for •
'Petaluma in the,Montgome'ry Watson Report of 1995.
2000/01 Administration
•
The budget for Fiscal Year 2000/2001 for this program:is $188,000 and is described below.
Contract administration and coordination or in-progress work'atMishi ApparelInc. and Sofa Optical USA Inc:
Test' the water saving potential of waterless urinals in non-residential facilities. Expand the program with
additional demonstration. sites. These demonstration projects are 'steps .needed to expand this Commercial
Industrial Survey and Incentive Program to Petaluma's remaining 850+ commercial, industrial and institutional
customers.,
•
•
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Cooperairve Agreement for Funding and Aammnaauon of the Petaimna water.Conservation Program for'2000/01i - B-9
•
RESOLUTION'NO. N.C`.'S.
1 of the City of Petaluma, California
lor 2
3
4
5
6
7 RESOLUTION TO.AUTHORIZE THE CITY MANAGER TO ENTER INTO A
8 PROFESSIONAL'SERVICES AGREEMENTFOR'THE "RESIDENTIAL TOILET
9 REPLACEMENT PROGRAM: RECYCLING OF OLD TOILETS" WITH OLD
10 ADOBE DEVELOPMENTAL SERVICES, INC.
11
12
13 WHEREAS, the City of Petaluma.recognizes that water is-an essential-and limited
14 resource; and
15
16 WHEREAS, the City of Petaluma has a 5-year Capital Improvement Plan (CIP) for
17 Water System Improvements which.ihcludes Project#9931 fdr';water conservation; and
18
19 WHEREAS, the City of Petaluma has entered into a cooperativeiagreement with the
20 Sonoma County Water Agency to fund and administer a Residential Toilet Replacement
•
21 Program in the Water CIP Project #9931 for water conservation;;and
22
23 WHEREAS, the City of Petaluna has,determined that-conducting an extensive water
24 management program to assist residential water custoniers With'water conservation and
25 reducing peak water use is one of the strategies that it will enipleyto achievecits water
26 conservation goals;
27
28 NOW, THEREFORE BE IT RESOLVED the Petaluma City Council authorizes the City
29 Manager to enter into a professional services agreement for the "Residential Toilet
30 Replacement Program:'Recycling Of Old Toilets" with Old A dobe Developmental
31 Services, Inc.
32
33
Under the power and authority donferred';upon,t is,Council by-the-Charter-of:said;City.
REFERENCE: I=hereby certify the foregoing Resolution.was introduced and,adopted by the Approved as to
Council of the City of Petaluma at a.(Regular) (Adjourned) (Special)'meeting form
on the day•of , 19' , by the
following vote:
City Attorney
AYES:
NOES:
*SENT:
ATTEST:
City Clerk _. . Mayor
CA 10-85 Res.No. N C.S.
_PROFESSIONAL SERVICES AGREEMENT
• for
RESIDENTIAL•TOILET REPLACEMENT PROGRAM:
RECYCLING-OF OLD TOILETS
(TitleofProject), •
(Project Account Code No. 602-400-9931;7104)
THIS AGREEMENT is made and entered into;this day of
by and between the City of Petaluma, a Municipal Corporation and a charter city (hereinafter
referred to as "City") and Old Adobe Development Services, Inc., 235 Casa Grande Road,
Petaluma,.California, 94954; (Hereinafter referred to as "Consultant").
The•parties hereto enter into thiss7Agreement for the purpose o f Consultant providing:professional
services to City under the following terms and conditions:
In consideration hereof,andthe;nMutual promises, contained herein; the parties agree as follows:
•
1. Consultant shall provide the services described in Exhibit "X' attached hereto and
• incorporatedherein by reference.. -
2A. City shall compensate Consultant for services rendered Hereunder under the following
terms: For each 3.5 -gallons- or more per flush, toilet returned to the Petaluma
Recycling Center (315'2nd.:Street, Petaluma, CA- 94952), the Consultant shall be
compensated TWO DOLLARS($2.00) per toilet. Compensation shall be paid only
to toiletstecvcled throughtthe City's Residential.Toilet Replacement-Program.
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
informationLrequestedon: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•ist:also required to have paid the appropriate business tax and have a
currently valid.Petaluma Business Tax Receipt pursuant to the Petaluina Municipal Code.
2D. In no case shall the total contract compensation exceed FOUR THOUSAND
• DOLLARS. (54.000.00), without prior written authorization of the City Manager.
Further, no compensation:fora section or work program:component attached with a
• specific budget shall be .exceeded without prior written ;authorization of the City
•
•
1 6/1/00
•
Manager. With every°nionthlyinvoice, 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
by Consultant upon prior-written authorization of the City Manager. Consultant shall be.
compensated for extra work at the following rates: For each 3:5 gallons or more per
flush toilet returned to the Petaluma.Recycling'Center'(315.1nd-Street, Petaluma,
CA 94951),.ahe Consultant:shall tit-compensated TWO DOLLARS (52:00) per toilet:
4. Use Section 4(a) or 4(b).
(a) The'term.of this Agreement commences ori:,March,5, 2001. and ends on.August:
30, 2001. However, either party-may terminate this Agreement upon providing
the other party ten (1;0) days' written notice of such termination; givenr'in 'the,.
manner provided in Sections:6,and 1.1 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,thefollowing.schedule:
Service Completion Date . 11111"
•
5. Consultant represents that.Consultant possesse5.dis'tinct professional shills 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'arid employees, is
not an agent or employee of.the City, but'.cattier solely responsible for his/her acts and
omissions. 'Consultant has full control;over the means and methods of performing said
services,. and Consultant understands, said services are being performed as an
independent Consultant. Nothing in,this..Agreement shall in anyway 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 terminated or suspended by the City, upon,ten (10)
da ys'
of such notice, S notice will be commenced by the City Manager, Upon receipt
written noticee.. Said
ant shall `irnmediately stop all work in process under this
6/1100
•
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.
7. Consultant shall "perform With his/herown organization, all work specified and required
in this Agreement. No assignment or transfer in wholevor impart of this Agreement shall
be made without the written consent of the;City., •
8. Consultant may retai •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 Consultanfhereunder.
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 withprofessionals' standards;of care.
10. During the performance ofthis Agreement, Consultant:will,not`discriminate:against any
- employee or applicant for;employrnent because of race, religion, creed, color, national
origin, sex orate: 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, cold?, riationaforigin, sex orage.
11. All notices required or permitted by this Agreement, including notice of change of
address, shall be imwriting and given by personal delivery oc•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 givenas follows:
City; City Clerk
City of Petaluma
Post Office Box 61
Petaluma, California 94953:,
Telephone: (707)778-4360
Consultant: Dennis Orirei, Executive Director •
. Old Adobe-Developmental Services
235 CasaiGrande Road
• Petaluma- CA,94954
Tel'epl orie , (707) 763-9807
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
3 6/1/00
'Payable:" City shall endeavor°to make payment,of said bill within thirty 00) 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:belthe 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 aim kind or 'nature including; but mot limited to,
damages for death or injury to,anyrperson (including Consultant's,employee ;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, 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 X Exhibit B2
16., Amendment. Thi's'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 tefminate this,Agreenient'immediately in"the'event ofa
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 bylaw, City may provide such services or=retain another consultant to•provide
stick services, and deduct from the amounts due or to •become due to"Consultant the
actual'coststo'City to provide or obtain such services.
•
a hivoo
•
•
: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 languageds,not to be construed against-the party causing the uncertainty
to exist.
•
21. Applicable 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'anv 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.affectedthereby:
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 provisionishall remain hi full forceland effect.
•
23. Severability. If any term,or=portion of this Agreement is;held to be invalid, illegals or
otherwise unenforceable,by a court,of competent jurisdiction, the remaining provisions;of
• this Agreement shall continue ihfull 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 an 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
5 6/1/00
upon, the.records shall be :available;at Consultant's''address`indicated for receipt
IV
of notices in this Agreement.
D.. Where: City has reason to belie e 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
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 abovewwritten.
CITY OF PETALUMA CONSULTANT
•
By
City Manager
ATTEST:
Title
•
235 Casa Grande Road .,
City Clerk Address
APPROVED AS TO'FORM: :Petaluma. . GA 94954
City State Zib
•
City.Attorney Taxpayer-I.D.Number
APPROVED:
Petaluma-Business Tax Receipt Number
DepartmeritHead
APPROVED:
•
Risk Manager •
APPROVED:
Finance Director •
'6 6/1/00
• EXHIBITA. •
SCOPE OF SERVICES
Through their affiliate, the'P,etaluma Recycling Center; Old Adobe D' velopmental Services, Inc. (Consultant)
will provide the following services:
1. Accept old toilets that have beemreplaced through the City's_Residential.Toilet:Replacement Program.
2. Complete and provide applicant with,the:City's, "Residential Toilet.Recycling Receipt," detailing'the date.
,number of toilets received, applicant name; and"street address/zip code.
3. Applicant is responsible for removing;all;hardware, plastic, rubber; and.seats.from the toilet. Only the .
porcelain portion of the toilet to be returned for recycling purp oses. The Consultant shall not accept old ,
toilets with attached hardware.
4. The City will be responsible,to providera-storage bin.
5. The Consultant is to notify, the City;s Program.Manager when the,storage bin.is 75% filled. The City will be
responsible for arranging the,hauling'of the-storage.bin fronvthe site.
•
•
• ,
INSURANCEREQUIREMENTS FOR CONSULT-ANTS
Consultant -shall procure and maintain for the duration of the contract insurance against claims for injuries till
persons or danrages! to property which may arise from or in connection with the performance-;of the work
hereunder'by the;Consultant;"his agents, representatives, or:e'mployees.
Minimum Scope.of Insurance
Coverage shall be at:least as:broad as:,
•
1. 'Insurance ServibesiOffice;Commercial General Liability coverage (occurrence='fo t CG,0005):
1, Insurance Services Office form number CA 0001 (Ed., 1/87)''covering Automobile:Liability, code 1 ;(any.
auto).
3. Workers' Compensation 'insurance as recitlited'hy the State of California and Einployer:st Liability
Insurance:
Minimum Limitstof'Insurance •
Consultant shall rriaintain,liinits<no less than:
1. General Liability: $500;000 per occurrence for:bodily injury, personal injury,and property damage: If
CommercialtiGeneral Liability Insurance;or other form with,a general aggregate'limit is used, either the
general aggregate limit shall apply separately to this.projectllocation or the general aggregate limit shall
be twice the required.oecutreneeaimit.
2: Automobile Liability:). $500,000:;per accident for bodily injury and property damage.
3. Employer's Liability: '$1,000,000 peraccidentfor bodily injury or disease. , , ,
Deductibles and Sel'flnsured Retentions
its
City; either:
officials, employees andnvolunt ers, orthecConsultantdshall procure atbo dlguar guaranteeing payment oe
Any pP by City. ,option
Cit either: the insurer shall `reduce or eliminate such deductibles or self-insured retentions as respects the Cita
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, 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 Consiltant; 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; its officers, officials;:employees or volunteers. Coverage,
shall not extend,to any indemnity coverage. for active negligence of the additional'insured in any
case where;an agreement to indemnify the a dditional insured would:be.invalid under subdivision (b) of
section°2782 oftheCivil Code.
2. For ally claims related to this project, the Consultant's insurance coverage shall be primary insurance as
respects the City, its officers, officials, employees and volunteers. Any insurance of self-insurance
maintained_by'the'City, its officers; official's, employees or volunteers shall be excess offthe 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,,°its:officers, officials, employees of Volunteers.
4: The Consultant's insurance shall. 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 iii coverage or in' limits except after thirty (30).
days' prior,written notice by:certified mail,retum,receipt requested, has been given to,.the.City. ).
,Exhibit Bl-
Page'.lof2
6/t/00.
Acceptability of Insurers
Insurance;is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise
ceptable 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 BI
Patio of.2
6/I/00
RESOLUTION NO. N.C.S.
of the City of Petaluma; California
2
3
4
5
6
7 RESOLUTION TO,AUTHORIZE.THE CITY MANAGER TO ENTER INTO A
8 PROFESSIONAL.SERVICES AGREEMENT FOR FURNISHING MATERIALS,AND
9 SERVICES.FORTHE LANDSCAPE AUDIT PROJECT WITH CAGWIN &
10 • DORWARD
•
tl
l2
13 WHEREAS. the City of Petalu ma,recognizes that water'is,an essential and limited
14 resource; and
15
16 WHEREAS,the City of Petaluma has.a:5:year Capital Improvement Plan (CIP) for
17 Water System Improvements which includes Project#9931 for water,conservation, and
18
19 WHEREAS,-the City of Petaluma has,entered into a,cooperative:agreement with the
20 Sonoma•County Water Agency to,funcIand administer a Landscape Water Audit Program
21 in the Water CIP Project#9931 for water conservation;and
• 22
23 WHEREAS, the City of Petaluma has:determined that:conducting an extensive water
24 management program to assist non-"residential water'customers,with water conservation •
25 and reducing peak water use is onetof the strategies th"at it Will employ to achieve its
26 water conservation goals;
27 •
28 NOW THEREFORE, BRIT RESOLVED the Petaluma City Council authorizes the City
29 Manager to enter into a professional,services agreement for furnishing materials and
30 services for the landscape audit,project with Cagwin &,Dorward.
31
Under the;power and':authority'conferred:.upon.this Council by the Charter of said City:
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted'by the Approved as to
Council of the City.;of:Petaluma:,at'a (Regular) (Adjourned) (Special).meeting form
on the day of - 19 - by the
following vote;
• City Attorney
AYES:
NOES:
SENT:
ATTEST: - . ._ _. ... .,
City Clerk --- - Mayor
CA to-85 Res.No N.C.S.
• 'PROFESSIONAL SERVICES AGREEMENT
•
FOR,
FURNISHING"MATERIALS AND:SERVICES FOR THE LANDSCAPE WATER.AUDIT
•
PROJECT WITH CAGWIN`& DORWARD
(.Titleiof Project)
(Project Accbunt Code;No. 601=4001,9931-7104)
•
•
THIS AGREEMENT is made and-entered into this day of • ,
by and between the City of'Petaluma, a.M icipal Corporation and a charter city (hereinafter
y Municipal
referred to as "City") :and,Cagwin & Dorward, P.O. Box '1600, Novato, California, 94948-
1600, (hereinafter referred to as "Consultant").
The parties hereto enterdinto 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:
I. Consultant ,shall provide the services described In Exhibit "A" attached hereto and
• incorporated herein by feference. •
2A. City shall compensate Consultant for services rendered hereunder under the following
terms: listed in'Attactiinent-A.
2B. Notwithstanding any provision herein, Consultant shall not be paid any compensation
until such time as Consultants 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 Ten,Thousand dollars ($10,000)
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
6/1/00
by Consultant,uperrprior written authorization;of the rCity Manager. •.Consultant shall be
•
compensated for extra work atthe•folldwingzates $55.00 per hour'.
4. Use'Section 46)•or
•
(a) The term of this Agreernentcornrnences-onMarch 5, 2001, and ends on June30
2002- • However, either"party-may terminate this Agreement upon providing the
other party ten (10) days' written notice of such.termination, given in thezmanner
provided in,Sections 6 and 11 herein.
(b) Consultant shall commences 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 A g reement. Consultant shall, .therefore, provides iproperly' 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. Consultanf 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 ishall in any way be construed to
constitute,the Consultant, or any of its agents or employees,asi,an agent, employee;or
representative of the City.
6- Termination. This Agreement may be terminated: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 imrnediately stop all work in process under this
Agreement: In,the•event the City delivers "the Consultant shall be entitledrto payment=for
all-services-performed to date of termination to the extent they were actually performed in
accerdance'with-this Agreement.
7. Consultant:shall perform with his/her own`organization, all work specified and required
in this,Agfeement No assigrirnent or transfer in whole of in part of this Agreement shall
be made without-the written:consent.of the City.
6/1/00
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14. Consultant hereby covenants and agrees to, and shall; indemnify„ save harmless and 111'
defend,:the City of Petaluma, its agents and/or employees againsUall 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 iact 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:niisconductof
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 X ExhibitB2
16. Amendment. This'Agreement maybe amended, provided said amendment is in writing
and• igned by both parties. 11111;
1.7. If litigation ensue§ .which pertains to the subject matter of Consultants services
hereunder, Consultant; upon request from City, agrees to testify therein at a reasonable
and'customary fee:
18. This,Agreementconstitutes 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=isfurther 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 bylaw ;City may provide such services or retain another consultant to-provide
.
such services, and deduct from the amounts du e or to become due to Consultant,the
actual costs to City toThrovide or obtain'such services.
20. Thiscontract 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.
21. Applicable Law. Each party',s'performance hereunder shall comply with all' applicable
i
laws of'the United States of America, the State of California, and the City of Petaluma.
4 6n/DO
This Agreenient shall be enForced .and part,ted under the lawn the of
California f rnia and the City'of Petaluma. If any term p rovision oft his Agree ment
shallbe,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 affeeted 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 shaliremain>infull force and effect.
23. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or
otherwise unenforceable by acourt;of competent jurisdiction; the remaining provisions of
this Agreement shall,Continue>in'full force and effect.
24. Mediation. The'parties'agreeito make a`good faith attempt;;to resolve any dispute arising
out of this Agre'e`ment,through mediation prior to commencing litigation.. The parties
shall mutually agree upon the;mediatorand shalhdivide 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 disbursentents 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
ofmoticesin 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
documents shall be granted to any party authorized by Consultant, Consultant's
representatives;;or'Consultant's successorin interest.
5 6/I/00
.IN WITNESS WHEREOF, the parties hereto have executed this document the day, month and
year first above written.
CI-TYOF-PETAL;UMA CONSULTANT
By,
City Manager
ATTEST:
Title
RO. Box 1600
City Clerk Address
APPROVED AS TO FORM: Novato CA 94948
City State , Zip
City.Attotney Taxpayer l.D.-Number
APPROVED:
Petalama.Bus`iiiess Tax Receipt Number
•
Department Head
APPROVED:
Risk,Manager
APPROVED:
Finance Director
•
profess(fmk). •
•
6 6/I/00.
� v ,• •. yc�eh rrlrl t Al 1
., 1, Ca win ®sward
��<; - Quotation & Agreement
kt 'landscape contractors
• ,P.O.Box.1600 Novato::Ca 94948'1600
California State ContraRors Lic#202399 (415)'892-7710 FAX(415)897-7864
City ofPetaluma Date: January 12, 2001
Attn: Ms. Lynn Hulme Job #/Nam e: .NR/Cityof'Petaluma
22 Bassett Street Location: Petaluma, California
Petaluma,California.;9 •954 Dept: 200
Notice:^We,wBl famish equipment.materials and labor necessary to complete to work listed below. QUOTATIONS ARE SUBJECT-TO CHANGE OR CANCELLATION AFTER 30 DAYS. A signed.
fully completed copy of this order must be reamed to Carew&Dorward'PRIOR TO COMMENCEMENT OF WORK: •
•
ITEM DESCRIPTION AMOUNT
Cagwin&Dorward will provide labor ancFinaterials to perform the following:
I.
.Scope of work
Perform landscape water audits on the turf areas only using Cal Poly's',ITRC Identify,soil types and
'measure turf root zone depth at theaudited valves: At least(3)irrigation stations/valves with like,heads '
shall be audited.A summary report for each park'shall be supplied•widioverall.condition of the park turf, .
type;:and irrigation system. Information about.the irrigation controllers'and sprinkler heads shall be,
included,as well as recommendations for improvements to the irrigation system,•and maintenance .
practices. Also a brief description of how and where water is being wasted and opportunities to save
and/or reduce waste.
Controller maps shall be developed'for each controller on site to include the landscape area covered by the
controller; The general location of the sprinkler,heads and valve number: ;For all audited valves,the
precipitation rates and distribution uniformity shall be included next to the valve number. Also included
Will be irrigation schedules for each valve,testedusing Cal Poly's irneationsoftware program.,,
Note: The.City of Petaluma•shall have all repairs•madeto valves/stations'tobe audited prior to water audit.
Parks toe audited: '
1. Lucchesi Park 2,183.00
2. Prince Park 1,646.00
3. Wiesman Park 1,560.00
4: ,Bond Park . 450.00
Pare.l of,2
Total>
TERMS&CONDITIONS. THE FULL AMOUNT IS DUE AND PAYABLE WITHIN THIRTY DAYS OF THE BILLING DATE('WHEN ACCOUNTS BECOME PAST DUE AND COLLECTION
BECOMES NECESSARY THE CSTOMER.W ILL BE RESPONSIBLE FOR BILLING OR SERVICE CHARGES.ATTORNEY.FEES:COURT COSTS.AND OTHER RELATED EXPENSES.
I"----
.TERMS AND CONDITIONS ACCEPTED HEREIN:
•
Acceptance Date: C' 'WIN •: II e =w
By By: / . -LfF/ .t
Owner/Agent for Owner Bo. Giordano, Irrigation Department Manager
QNR_O11.2A
®` , Cagwin. $y Dot'ward - Quotation & Agreement
.landscape contractors.
PO Box 1600 Novato.Ca 94948-.1600 •
California State Contractors'•Lie#202399 (415)892-7710 FAX(415)897-7864'
City of Petaluma Date: January 12, 2001
Attn: Ms Lynn Hulme Job#/Name: NR/City of:Petaluma
22 Bassett Street Location:: Petaluma, California •
Petaluma, California,94954 Dept: 200 •
Notice We will thmish equipment,materials and labor necessary to complete the work lusted below. QUOTATIONS ARE SUBJECT TO CHANGE OR CANCELL iTION AFTER,30 DAYS.A si2ned:
fully completed ca 'o fthss order must be resumed to Ca OF t
pY - Capita& PRIOR-TO COMMENCEMENT-0FWORR
1mM• DESCRIPTION" AMOUNG'
Cagwin&Dorward will'ptovide labor and materials to perform'the following:
•
5. McDowell Park 400:00
6. Carter Field 475.00
7 . Sunri se Park 525:00
•
8; Eagle Park 300.00
9: Glenbrook Park 350.00
10. Meadow View Park 350.00 Ask
11. Casa Del Oro .350:00'
12. Arroyo Park .. 460:00
•
13. Latercera Park 300.00
14. Miwok Park • 300.00
All additional•work..requested-by the'City of Petaluma shall be charged out at$55.00 per hour above-and •
beyond stated costs,for-wateraudit.
Note: Due to the unknown conditions and irregularities of underground'repairs,this is.an ESTIMATE
ONLY. Work will'b performed'on a time and.materials basis.
Page of.2
•
' Total
TERMS&CONDITIONS: THE FULL AMOUNT IS DUE AND PAYABLE WITHIN THIRTY DAYS OF THE BILLING DATE WHEN ACCOUNTS BECOME PASTDUEAND COLLECTION
BECOMES NECESSARY THE CUSTOMER WILL BE RESPONSIBLE FOR BILLING.OR SERVICE CHARGES.ATTORNEY FEES.COURT COSTS.AND OTHER RELATED EXPENSES.
ALL TERMS.AND CONDITIONS;ACCEPTED'HEREIN:
Acceptance Date:' CAGWIN & DORWARD •
By? By:
Owreanem rorwner 'Bob Giordano,.Irrigation Department Manager
QM:2_0I 12A•
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• m CAG% N & DOR•WARD l
a%�:
a CONTROLLER UTILIZATION CHART
JOB NAME : CAPEIMARIN JOB NUMBER 20959 i •
CONTROLL"ERTYEE: MC-18- A DATE 4/13/98
CONTROLLER LOCATION: ON CONTROLLER I:D.: D CLOCK
LANDING LANE ACROSS FROM
FLAGPOLE COURTYARD
STATION PL4NT. ilATERIAL AREA DESCRIPTION HEAD:TYPE
1 TURF CENTER ISLAND/LADDERMAN LANE SPRAY
TURF CENTER ISLAND /SECOND HALF SPRAY
3.. TURF WEST OF WALKWAY TO SHOPPING • SPRAY
CENTER
TURF SOUTH OF PATH BY PLAY AREA SPRAY .
5. TURF EAST'OF WALKWAY TO SHOPPING - :SPRAY
6. TURF LAWN NORTH OF PLAYGROUND SPRAY
7. SHRUB ALONG PATH FROM PLAYGROUND TO SPRAY
SHOPPING CENTER
SHRUB SPRAY •
8. ALONG FENCE AT NORTH
WALKWAYTO'SHOPPING CENTER
9. SHRUB ' UNITS #2 THROUGH,#18'MARK SPRAY
PLACE/EAST"SIDE
10. SHRUB FRONT OF UNIT #30 /FRONT OF SPRAY
CONTROLLER
11 SHRUB FRONT OF UNIT #35 #57 AT SPRAY
LANDING LANE
12 SHRUB FRONTS OF UNITS # 4 THROUGH #31UP SPRAY
TO. POC's SOUTHEAST'AND
SOUTHWEST',•
13 • SHRUB CENTER ISLAND AT ESCALONIA SPRAY
HEDGE/FIREROAD BOTH SIDES
14 SHRUB MARK PLACE WEST SIDE TO SPRAY
SOUTHWESTIADDERNIAN
• 15 SHRUB' ' FRONTS AND PORCHES OF UNITS #38 SPRAY
THROUGH #65
16 SHRUB FRONT OF UNIT #36IALONG PATH-T01 SPRAY
PLAYGROUND
17 SHRUB FRONT OF UNIT430 ALONG WALKWAY SPRAY 5w 7
TO PLAYGROUND .
18 SHRUB MARK'PLACENORTWWALKWAY SPRAY
ALONG PATH TO PLAYGROUND,
19
20
21
22
•
• 4
F.\FDOCS\FORMLM\CNTRL.DOC
•
•
•
•
Ns, `Ca win & Dorward Quotation .&Agreemen g
,landscape contractors
P.0 Box 1600 Noyato;_Ca 94948.1600
California State Convactors Lic#202399' (415)892-7710 FAX(415).39,7-7864 •
John Stewart,Compnaies. 0. bate: April 25, 2000
Attn: Ms. Sandra Jenson Job 4/Name: 20959/Cane Mann Masters:Association
1333 Sutter'Street, 11t Floor Location: Greenbrae, California .
San Francisco, California 94109 Dept: 200
Notice We wdl'funish equipment,materials and labor necessary to complete the work listed below.,QUOTATIONS ARE SUBIEcT To CHANGE OR CANCELLATION AFTER30 DAYS. A si Knee;
fully completed cagy of tins ordermus;be mNrned:o Cagwm&Donwerd PRIOR TO COMMENCEMENT OF WORK
ITEM - •DESCRIPTIOtN'
• (r AMOUNT I
Cagwin &-Dorward willprovidee•laborand materials•to perform the following:
1. Valve#9,not:coming ionby clock E 350.00
2. Valve 4l0.not coming on by clock E 350.00
3. Station#16 at pool clockcap'off(17) heads and change out(22)nozzles each Also replace (6) 12"pop- 300:00
up sprinkler heads.
4. Station#1 clock K needs(15)new seals. 150.00
Note: Due.to unknown conditions-and irregularities of underground repairs,this is an ESTI YLATE•ONLY: •
Work will be performedon a time and materials basis.
•
SAACQL-t_ 4 E2 AUN Pa 16t— l a 5e2T1Z3
TotaP> SI;15o.00:
TERMS&CONDm0Ns:THE FULL AMOUNT IS DUE AND PAYABLE WITHIN THIRTY-DAYS OFTHE BLUING DATE WHEN ACCOUNTS BECOME PAST DUE AND COLLECTION
BECOMES NECESSARY THE CUSTOMER WILL BE RESPONS W LEFORBILLING OR SERVICE CHARGES,ATTDRNEtFEES,COURT CASTS,AND OTHZRRELATED EXPENSES.
ALL TERMIS,AND'CONDITIONS'ACCEPTED HEREIN:
•Acceptance Date: CAGW1,i 1`& DORWARD
RWARD •
By BY:612;4
Owner/Agent far Owners iordano,.Irrigation Manager
Q20959_0425A .
Printed at 8 : 06, on 3/25/99, program version: LANDSCAPE WATER MANAGER v1 .49 2
Site Directory: LICKM Site File: TURF
_ :Name/Number
• /
Organization
',dress
ty/State/Zip :
/
Contact/Phone -
/
Location
Weather Data - County: Sainta,- Clara Location: Sa_ _n Jose'
Annual ETo: 45. 50 Annual `Rain': 14r.42
Controller: Generic 8-8 Program 1 Program Adjust: 100
STA I STA
NUM ADJ I JAN FEB MAR APR MAY JUN 'JUL AUG SEP OCT NOV DEC
2 100 .-- -
11 14 18 17 17 17: 2 19 18 19 15 14
4 100' 31 42 52 50 50 51 59 57 53 56 43 40
Schedule Type C14 C14 C14 C14 C14. C14 C14 C14 C14 C14 C14 C14
Days Per Period 2 2 3 ' 6 7 7 7 6 5 3 2 1
Cycles Pet. Day 1_ 1 I 1 1 1 1 1 1 .1 1 1
Controller: Generic 8-8 Prbd am: 2 Program ,Adiust::: 100
STA 1 STA 1
NUM I ADJ I JAN FEB MAR APR MAY JUN JUL AUG` SEP OCT NOV DEC
1 100 19 25 47- 45 35 3S Aa 51 40 50 26 12
Schedule Type C14 C14 014, C14 C14 C14 C14 014 C14 C14 C14 C14
Days Per Period 1 1 1 2 3 3 3 2 2 1 1 1
Ales Per Day 1 1 - 1 1 1 1 1 1, 1 1 1 1
Controller: Generic 8-8 Program: 3 Program Adjust: 100
STA
NUM ADJ JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
3 100 34 ' 46 42 40 38 38' 44 46 36 45 47 22
Schedule Type C14 C14 C14 C14 C14 C14 ,C14 C14 C14 C14 C14 C14
Days Per Period 1 1 2 4 5 ' 5 5 4 4 2 1 1
Cycles Per Day 1 1 1 1 1 1 1 1 1 1 1 1
• III
INSURANCE REOUIREMENTS FOR-CONSULTANTS '
Consultant shall procure and maintain for'the :duration of the contract'insurance against claims for injuries,to
ersons or damage's 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 G eneral 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 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 project/location or the general aggregate limit-shall
be twice the required occurrence limit.
2. Automobile Liability: $500;000 per accident for bodilyinjury'and.property damage.
3. Employer's Liability: $1;000,000•peraccident for bodily injury or disease.
Deductibles and Self-Insured Retentions
ny deductibles or self insured retentions must be declared to•and approved by the City. At the option of the
ty, either: the insurer shall reduce or eliminate;such;deductibles or self-insured retentions as.respects the City,
s 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, 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, its officers, officials, employees or volunteers. Coverage
shall not extend to any indemnity coverage,for the active negligence rof the additional insured in any
case where'an,agreement to indemnify the additional insured would beiirivalid 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; its officers, officials, employees and •volunteers. Any insurance or self-insurance
insurance maintained b y shall no City, itofficers, officials, employees or volunteers shall be excess of the:Consultant's
i
bate with it.
3. Any failure to comply With reporting or other provisions of the;policies_including breaches of warranties
shall not affect coverage provideditothe City, 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.bycert 'fied'niail, return receipt requested, has been given to the City.
Exhibii'B1'
Page 1 oft
6/1/00
•
Acceptability of Insurers •
Insurance is to be placed with insurers with a current.A.M Best's rating of no less than A:VII, 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 endorsement's effecting the coverage
required_by these'specifications: „
•
•
•
•
•
•
•
•
• •
•
Exhibit '1'
Page:2 of:2
6/1/00
RESOLUTION NO. N.C.S.
1 of the City of Petaluma, California,
3
4
5
6
7 RESOLUTION TO AUTHORIZE THE CITY MANAGER TO ENTER INTO A
8 PROFESSIONAL SERVICES AGREEMENT FOR FURNISHING MATERIALS AND
9 SERVICES FOR THE LANDSCAPE AND IRRIGATION SYSTEM INVENTORY
10 BOND PARK GIS PROTOTYPE WITH.DENDRON LANDSCAPE:MANAGEMENT
II CONSULTANTS
i2
13
14. WHEREAS, the City,of Petaluma recognizes that water is an°essential and limited
15 resource;and
16
17 WHEREAS, the City of Petaluma has a 5-year Capital Improvement Plan (CIe).fer
18 Water'System Improvements-which includes Project#9931 for water conservation; and
19
20 WHEREAS, the City of Pettaluma.has entered into a cooperative agreement with the
5 21 Sonoma County Water Agency to,fund and administer a.Landscape Water Audit Program
22 in the Water CIP Project#9931 Tor water conservation; and
23
24 WHEREAS, the City of Petaluma has determined that conducting an,extensive water
25 management program to assist non-residential water customers with water conservation
26 and reducing peak`water,use is one of the strategies that-it Will employ to achieve it's
27 water conservation:goals;
28
29 NOW, THEREFORE. BE IT RESOLVED the Petaluma City-Council authorizes the City
30 Manager to enter into a professional services agreement forfurnishing:materials and
31 services the landscape and,:irrigation,system:inventory Bond:Park GIS Prototype with
32 Dendron.Landscape Management Consultants.
Under the power and;authority conferred'upon this Council:by'the Charter of said City.
REFERENCE: I hereby certify the foregoingz:Resolution'was introduced and adopted'by.the Approved as to
Council:of the City of Petaluma;at a (Regular) (Adjourned) (Special) meeting form
on the day of . 19.._...., by the
following vote:
City Attorney
AYES:
•
NOES:
•ENT:
ATTEST: .. ..
City Clerk _ . Mayor.
CA 10.85, Re,.Na NC.S.
•
•
•
• PROFESSIONAL SERVICES AGREEMENT
FOR
•
FURNISHING MATERIALS ANDhSERVICES FOR THE LANDSCAPE AND
IRRIGATION SYSTEM INVENTORY BONDPARK.GIS MAPPING PROTOTYPE
PROPOSAL WITH DENDRON LANDSCAPE.MANAGEMENT CONSULTANTS
(Title of Project)
(Project Account Code No. 601-400-9931-7104)
THIS AGREEMENT is•made and entered into•this day of
by and between the City of Petaluma, a Municipal Corporation and 'a charter city (hereinafter
referred to as "City") and'Denilron Landscape.-Management ,Consdltants, P.O. Box 855,
Stinson Beach, California 94970-0855 "(hereinafter referred^to as'"Consultant').
The""parties hereto enter into this Agreement:.for the purpose of Constiltaht!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:
• 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: $2;000 at the end of phaseone, $2,000,at;the end of phase two $2,000 at
end of phase:,three, 52,000, at.the end of'phase four and $1,725 at the.end of phase
five..
•
2B. Notwithstanding any provision 'herein, Consultant shall hot 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 ¤tly 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 pursuantto the•Petaluma Municipal Code:
2D. In no case shall the total contract compensation exceed Ten Thousand Dollars ($10,000)
without prior written authorization of the City Manager. Further„no compensation for a
section or work program component attached with a;specifie'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
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
by Consultant upon prior written authorization of the City Manager: 'Consultant shall be
compensated=for:extra work at;thefollowingrates: ,5125.00 per hour.
•
4. Use Section 4(a) or 4(b).
(a) The term of this Agreement commences on March 5,2001,;and ends on•Junet30;
2002. However, either party may terminate this Agreement upon providing-;the
other party ten 00) 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
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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 perform all senices under this Agreement. It is
further understood and agreed that Consultant, including his/her agents/and employees, is
not;an agent`or. employee ofthe 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 wav'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 terminated 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,entitledito-payrnent for
all services(performed°to date of,termination to the extent they were actually performed in _
accordance with this'Agreement.
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7. . 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 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 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 ernpl"oyinent 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 are2 treated duringremployment, without regard to their
race, religion,.creed, coley ,national origin, sex or age.
11. All notices required or permitted by this Agreement ;including notice of change of
• address, shall be in writing land.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: Richard Reasoner
Dendron.LandscapeManagement
P..O..Box 855,
Stinson•Beach, CA 94970_
Telephone: (415)868-0479
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.
3 6/I/00
13. All original papers, documents or computer material on. disk or microfilm, and copies •
thereof, produced as a result of this Agreement, shall-bathe property of City and may not
be used by Consultant without thetconsentof City. Copies of such documents or papers.
shall norbe 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 ior 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 craiins or
suits for damages asaforesaid.
15. Insurance, See "Insurance Requirements for Consultants” in Exhibit B"1 "or B2 attached
hereto:and 'incorporated herein by reference. Please check and initia•1, exhibit°to be
incorporated.
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• Exhibit Bl X Exhibit 82 •
16. Amendment. This Agreement may be amended, provided said amendment is in ,writing .
mid 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.
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18. This Agreement constitutes theentire agreement between-the parties.
19. Breach. City reserves the right,to°terminate this Agreement immediately in the event of a
breach,byConsttltant. It Fs 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 bylaw, City may provide such services'or.retain another consultant to.provide
such ,services, and deduct from the amounts' due or to become due•to•.CoOnsultant the
actual costs to.City to provide of obtain suet) 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
4; 6/I/00
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?sssuccessorin interest.
IN WITNESS WHEREOF, the parties'hereto have executed,this document the day, month and
year first above-written.
CITY OF PETALUMA CONSULTANT
•
By .
City.Manager
ATTEST:
Title
•
_. . P.O. Box 855 _
City Clerk, Address
APPROVED.AS TO'FORM: 'Stinson Beach CA 94970
. City State Zip
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City Attorney Taxpayer I'.D. Number
APPROVED':
Petaluma Business Tax_Receipt.Number
Depat tment Head
•
APPROVED:
Risk-Manager
APPROVED:.
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Finance Director
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6 6/1/00
Li
City of Petaluma
Landscape/Irrigation System Inventory
Bond Park GIS Mapping Prototype Proposal
• .
Proposed by:
Dendron Landscape Management Consultants
'P. O. Box 855 •
Stinson Beach, CA 94970-0855
415-868-0479
January 23, 2001
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GIS Prototype Overview
Th is project ect proposes creating:a Geographic Information System,(GIS)°prototype to,
This ro"
map inventory all;components of'the'City s-parks. While its primary'purpose is
to identify all.factors-that,affect water use at Bond Park and,to gather pertinent
technical data the project°has been expanded,to includetiother park features,such as
lighting,,,paving, benches, and other park features.
The intent of the prototype is to determine park features°toibe mapped and inventoried.
to improve irrigati,on'management efficiency, provide staff training on how to
inventory the landscape, create computer programs for"`capturing.field data and to
develop methodologies for analyzing and updating park data.
•
IZ Li/
Implementation Phases
Phase 1 — Existing Data Review ($2,000)
Meet with staff to
1. Review and receive digital_-orthophoto, CAD files, landscape plans, and any as-
build drawings that maybe available. .
2. Establish protocols for coordinating the project with the City of Petaluma's IS
Department.
3. Determine relevant file structures_and data to beincluded;in the prototype.
4. Review Bond Park to determine specific irrigation components to.be inventoried
and the attributes to be,captured. Determine other park-components and their
attributes that may be inventoried by.staff durina the f ield inventory phase and
incorporated into the project..
Phase 2 — Create Prototype:GIS,Mapping Program and Database ($2,000)
Using the data provided by the City, create a Bond Park.Base Map, using Arc View
3.2, a database with'tables,and forms, using MS Access, and-paper forms for
gathering field data.
Phase 3 — Staff Training q! Involvement:($2,000)
Meet with staff to provide in-house training on the "how's and why's" of landscape
and irrigation component inventorying and a practical "hands-on,,"learn-by-doing"
session. Provide three (3) copies of:the Bond Park Base Map.-and forms to be used in
capturing field data.
Phase 4 — Landscape & Irrigation System Attribute Inventorying ($2,000)
Meet with:staff at Bond Park to conduct a thorough landscape-and irrigation
component attribute inventory and to.assist staff in capturing attribute data Provide
oversight°in using the paper forms to capture the data and The opportunity for staff to
enter data in the field using the Access"database.
During,the inventory,:.flow,data for each zone will be deteriinined. The total zone
irrigation area will also be mapped. The GIS will then be used to determine the
square footage of the zone. The square footage and flowtdata will be used in
calculating precipitation rates for'eachf zone.
Note:,Flow data can be linked to irrigation schedule/programs to determine estimated
water use and provide a.baseline for more closely monitoring,actual use.
Phase 5 -,Final Report ($1,725)
A final report will be provided at the'conclusion of the:project. The report will
include:
1. A map of the park showing the location of each component inventoried.
2. Each map will,have an accompanying data table listing its captured attributes`
(for example, a.Bond Park Valve.Map, showing the location of all (known)
valves, With attributes such as size, make, models, etc.).
Three bound copies and one original.(unbound).copy will be provided:
3. One "jpg" file of each of theinventoried component maps.
4. Ohe copy of the:ArcView 3.2 project'file used to create the maps.
5. One copy of the MS'Access file.Used=to capture field data.
• 6 A.recoinmenderl procedure for inventorying additional parks and keeping_
inventories updated.
Schedule /Fee
The entire proje ct72ould`take:approximately•eight to twelve weeks to complete= The
cost would •
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• INSURANCE REQUIREMENTSEOR CONSULTANTS'
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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 theConsultant,.his agents, representatives; or employees.
Minimum•Scope;of Insurance
Coverage shall be at least as broad as
'1. Insurance Sen2ices e,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 b y the State of California and Employer's Liability
Insurance.
Minimum Limits of Insurance
Consultant shall maintain limits-no less,than:
1. General Liability: $500,090 per occurrence for bodily injury, personal injury and property damage. If
Commercial General Liability Insurance"or other form withfageneral aggregate limitis 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
ay deductibles or self insured retentions must be declared to and approved by the City. At°the option of the
ty, 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, 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, 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 Civil Code:
2. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as
respects the City, 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 complywith,reporting or other provisions of the policies,including breaches of warranties
shall not affect coverage provided to the City, its officers, officials,,employees or volunteers.
4. The Consultant's insiiranee shall apply separately to eachfinsured 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 receiptrequested, has been given to the City.
Exhibit B1
Page I of 2
6/1/00
Acceptability of Insurers •
Insurance is.to be placed with insurers with a current A.M. Bests rating of no less than A:VII,,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 andlapproved by the
City before work commences: As an alternative to the City's forms, the Consultants insurer may provide
complete, certified copies of all required insurance policies, including endorsements effecting the coverage
required by these;speaifieations.
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Exhibit,B L
Page.2.of 2'
6/1/00
RESOLUTION NO. N.C.S.
of die City of Petaluma, California
2
3 .
4
5 .
6 ,
7 RESOLUTION TO AUTHORIZE THE CITY MANAGER TO ENTER INTO A
8 PROFESSIONAL SERVICES AGREEMENT'FOR,FURNISHING MATERIALS AND
9 SERVICES FOR PROMOTING THE'-PETALUMA WATER CONSERVATION
10 PROGRAM WITH THE'WALKER:GROUP
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11
1_
13 WHEREAS, the City of Petaluina_recognizes that water is anessential and limited
14 resource; and ,
15
16 WHEREAS,the City of Petalumaahas a 5-yea •Capital Improvement Plan (CIP) for
17 Water System Improvements which.includes Project 0931 for Water conservation; and
18
19 WHEREAS, the City of Petaluma has entered into a cooperative agreement with the
20 Sonoma County Water Agency to fund and administer a Water Conservation Program in
0 21 the Water CIP Project#9931 for water conservation; and
22
City determined that conductingaan,ex'tensive water
23 WHEREAS. the Ci of determt,
24 management program to assist water customers with water conservation and reducing
25 peak water use is one of the strategies that it will employ to:achieve.its water
26 conservation.goals;
. 27
28 NOW, THEREFORE, BE IT RESOLVED the Petaluma:City Council authorizes the City
29 Manager to enter into a,professional services.agreement for filrnishing materials and
30 services for promoting the Petaluma Water Conservation Program•withThe Walker
31 Group.
32
`Under the power and authority:conferred upon this Council by the'Charter:of said City:
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the. Approved as to
Counciliof-:the City:of Petaluma-at a (Regular) (Adjourned)' (Special) meeting form
on the - day of: -19 , by the
following vote: -
City Attorney
AYES:
OES:
4
BSENT: •
ATTEST: City.Clerk Mayor.
Council Ffla..--r..—...-_.._
CA 1085 Res'No. - ^1.C.5.
by Consultant upon prior written authorization of the City Manager. Consultant shall be •
compensated for extra work at the followiiig fates: $75.00 per flour.
4. Use Sectibn`4(a)er4(b)..
(a) The•terin of this Agreenient.comtrrences on••March-5, 2001.;and ends.on June 30,
2002. 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
withghe following schedule: •
Service, Completion.Date
5. Consultant represents that Consultant possesses distinct professional skills'in performing •.
said "se'r'vices: 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 including his/her agents and employees, is
not an agent or employee of theiCity, but rather solely'_responsible for his/her acts and
omissions. Consultanty 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 rof the.City.
6. Termination. This Agreement;may be terminated or"suspended by the'City upon ten (10)
days' written:notice:. Said notice will be•cotnmenced 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.tliey were actuallyperformed in
accordance withthi .Agreement.
•
7. Consultant;shall:,perfottn With his/her own organization: all work specified and fequired
imthis Agreement, No assignment or transfer in whole or in part of this Agreement=shall
be made wiihout'the written consent of the City:
2 5/1/00
•
•, 8. Consultant may retain,or'siibeentract forth'e servicesiof 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 Agteeinentand 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.
1 0. 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 givens follows:
City: City Clerk
• City of Petaluma
Post Office,Box.61
Petaluma, California 94953
Telephone: (707) 778-4360
Consultant: Mr..Rob Walker
The Walker Group
3900 Rolling Oaks Road
.Santa RosaCA 95404
Telephone: (707) 538-4088
12. All bills shall be sent to the,designated project contact,person onNa 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
shall not be disclosed to others without the written consent of the City Manager or his
designated representative.
3 611100
14. Consultant hereby covenants. and ;agrees to; and shall, indemnify, save harmless and •
defend, the City of.Petaluma, its •agents •and/ormemployees against all "claims,.demands,
costs, and liabilities for damages of zany kind"or inature including;. but not limited to,
damages for death,or injury tmany 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,establfslied 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 damagesas aforesaid..
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15. Insurance. See "Insurance Requirements for Consultants" in Exhibit B I .or B2•attached
hereto and incorporated herein- by reference. Please check and initial exhibit to be
incorporated:
Exhibit B1 X Exhibit B2
16.. Amendment. This Agreement may be amended, provided said amendment is in'writing
and signed4by 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
andcustomary fee.
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18. This Agreement constitutes the-entire agreeme-'nt 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 theevent 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:
21.. Applicable Law. Each party's performance hereunder shall comply with all applicable
laws or the United States of America. the State.of California, and the City, ofPafaluma.
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4 6/1/00
• 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 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,pottions or provisions;shall.not be affected thereby.
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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. Severability. if anyterm 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 fill] force and effect.
24. Mediation. The rparties,agree to make a good faith attemptdto 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, canbele'd:dhecks, 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 iany 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 alternativeais.mutually agreed
upon, the records shall be available at Consultant's address indicated for receipt
of notices 9n 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
documents shall be granted to any party authorized by Consultant, Consultant's
representatives, Or Consultant's successor interest.
5 6/1/00
•
IN WITNESS WHEREOF, the parties hereto have executed this,document the day; 'month and
year'first above written.
CITY OF PETALUMA CONSULTANT •
By . •
City Manages
ATTEST:
Title
3900 Rolling Oaks Road
City Clerk • Address
APPROVEDLASiTO FORM: Santa Rosa OA 95404
City State: Zip
•
City Attorney Taxpayer I.D..Number
APPROVED:
Petaluma Business Tax•ReceiptNumber
Department Head •
APPROVED:
Risk Manager -
APPROVED:
Finance Director
profess(fink)
6 • 5/I/00
:'EROM,.6 WALKER'GROUP INC PHONE N0. < 707' 539,4910; Jan. 16=2001 12:24PM -P2
THE WALKER GROUP P.O.. BOX 14429 SANTA .08A,. CA 95402
• PRODUCTION .ESTIMATE
:ltent :, Sonoma County.Water Agency Date: 01/15/01
Yob De$Cription: Produce . (1) duplicate.: - Job No TBD
bus back card per 6 designs contracted.
Cost Estimate, Notes
* Planning and ContactS - 'Produce 1 additional
Copy ---- bus back of dontracted 6
Rough Layout $ designs totaling 6.
Comprehensive Layout . . . : : . . : _ _
• Type Specification- Cost includes production
* Illustrations only, no design.
*Photography - $
* Photo Prints $300/per bus vinyl
* Retouching Size 19 718" x 43 7/8"
* Reproduction Typography. ..— "
* Photostats
• Mechanical Art and Assembly $ - �
* `Plates and Film_. . :-., $
Installation $
1**, duction S 1. 80 .00
t-out $
Installation $
Shipping $-
Sub Total $ .7 . 800. 00
* Sales Tax on $ '1800.00 $ . 'L35.00 .
ESTIMATED TOTAL. . . . : . . . . -. S. 1, 935. 00 - -
Agency The Walker Group By . Date
CLIENT'S APPROVAL
The agency- is hereby authorized to prepare the material described above. It
is understood that estimates are subject to rev:€son after. 60 days . It is
further understood that pri'ces 'shown herein are estimates; and that the final
price, exclusive of client authorized alterationst shall not exceed the'
estimated, price by more than, 101. It is further understood that charges for
this work will be mailed monthly as 'they _accrue, that invoices will be due
and oayable no later than the 10th of !the' month following the Gate of
invoice; that 'interest ,at 1 112 per month will ,be charged on. accounts more
than 30 days past due, retroactive to theAue date:, and that any legal costs,
including attorneys' fees, incurred by' the agency: in collecting' the''charges
authorized herein will be borne by the client .
C t By Date
iihtiot2inea 14 --7
FROM : UflLKER GROUP INC PHONE .NO. : 707 539 4910 Jan. 15 2001 12:25PM P3. .
THE WALKER GROU ...-,
P P.O. BOX 14429 :SANTA ' SA, CA 95902
. .- • _
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PRODUCTION ESTIMATE
0
:lient :• Sonoma County Water Agency Date: 01/15/01
lob Description: Design and produce : - Job No a'BD - ' - -- - -
Imprinted T-shirts - - -------
. -
Cost Estimate Notes
* Planning and Cantact. . . . . . . $ 75. 00 T-Shirts:
Copy. . . . . . . . . . . . . . . . . . . . . . . - Fabric: 50/,50, white
.
Rough Layout. . . . . . . . . ... . . . . ; $ Imprint: Front (2/C)
Comprehensive Layout Back 13/C)
* Type Specification - .Qty: 250
* Illustrations
* Photography. .,. . . . . .,. . ., $
• Photo Prints. . . . . . .
* Retouching. . . . . . . .. . , . _ . . . . . . . .
* Reproduction Typography. . . .
* Photostats. . _. . . . . . . . . . . . „. . -
* Mechanical Art and Assembly. 5 22O0- ..
* Plates and Film. . . . . . . „ .
Installation. . . — . . . . . . . . . . . S. . .
* Production $ 1. 912. 50 *Shipping is
* Cut-out. . . . . . . . . . . . . . . . . $ estimated.
411
Installation $
Shipping . . . . .-. . . . . .,. . . . . . . . $ 110. 00* . .
Sub .Total $ 2, 322. 50
* Sales Tax on $ 2212.-50 $ 1(65% 94
ESTIMATED TOTAL. . . . . . ...
•
Agency The Walker Croup By Date
C.LIENT'S APPROVAL .
The agency is hereby authorized to Prepare the material described abpve. It
is understood that estimates are subject to revision after 60 days. It is
further understood that prices Shown herein are estimates, and that the final
price, exclusive of client-authorized °alterations, shall not exceed the
estimated price by more than 10$ . It is further understood that charges for
this work will be mailed monthly as they accrue; that invoices will be due
and payable no liter than the 10tla of the Month following the date of
invoice; that interest at 1 1/2 per month will be charged on accounts more
than 30 days past due, retroactive, to the due date; and that any legal. costs.,
including attorneys' fees, incurred by the agency in collecting the charges
authorized herein, will be borne by the client.
Client By Date
411
(4 5
. ,
• FROM WALKER GROUP INC PHONE NO. 707 539 4910 Jan., 16 2001 12:25PM P4
THE WALKER GROUP �PpQ. BOX 214429
SANTA'°O'SA, CA 95402•
PRODUCTION'. EST.3MATE
,lien -: Sonoma County Water Agency Date: 61/15/01_
Job _Desc ?ption_Design_and produce Job No TBD
12". .x .15. , patch- handle bags.
' Notes •Cost Estimate
. i
• Planning and ContactS' 80.00 Bags:
Copy ' Size ' 12" x 15" white '
Rough Layout -- $ 60.00 Color; 1%i (black)
Comprehensive Layout . . . . . . : . Design.:
Type Specification : Side/1 - 'Hot Summer' Days -
* Illustrations Side/2 - Water at Night
x Photography. . ., . . . . . . . . . . ._ . $ Qty - 3000 .
• Photo Prints
Retouching. . ... . . . . . . .
• Reproduction Typography„,
x Photostats -
Mechanical Art and Assembly. $• 160. 00 .
* Plates-and Film .:5 255 . 00
Installation $ -
*Ailioduction $ 1 . 205.00 *Shipping.:
* -out $ Estimated weight is 78 lbs.
Installation $ Cost-, is estimated, andmay
Shipping $ 65. 00*• vary.
Sub Total $ 1, 825. 00
* Sales Tax on $ 1760:00 $ - 132.00
ESTIMATED TOTAL. . . : . . .: $ 1, 957. 00 ..
Agency The Walker Group By Date
CLIENT'S APPROVAL .
The agency is hereby adthorized to prepare thematerial' described above. It
is understood that est imates are subject to revision after 60 days': It is
further understood, that' prices shown herein are estimates,, and that the final
p
.._.
rice, exclusive of client-authorzed' altera"tions, shall not exceed the
estimated price by more than 10.8 . It is further understood that charges for
this work will be mailed monthly as they accrue;, that invoices will be due
and payable no later than'the: ,10th of:' the month following the date of
invoice; that interest at 1 1/2 per month will be .charged on accounts more
than 30 days past due, retroactive to the due date; and that any- legal costs,
including attorneys:' 'fees-, incurred by the agency dn collecting the charges
authorized• herein, will be borne:. by the client.
lint Ey , Date
il LTl 3
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INSURANCE REQUIREMENTS:FOR CONSULTANTS
•
Consultant,
nt.lama.,damages ur property which may arise ion of the contract insurance against claims for injuries to
persons
by the Consultant"his agents, representativesnore pl connection with the performance of the work
onsu tangshall rocure and maintain for the duration
employees.
Minimum Scope;of Insurance
Coverage shall be atleast.as broad as: •
1. Insurance€Ser"vices'Office.Commercial;General`Liability coverage;(occurrence form CG'001).
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 oflnsurance,
Consultant shall maintain liinits.nohess than: .
1. General Liability: $500,000 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 project/location or the general aggregate limit shall.
be twice,the required.occurrence limit.
2. Automobile Liability::-5500,000 peraccident.forbodily;injury and property darnage. -
3. Employer's Liability: $1,000,000 per accident for:bodily injury or disease., •
Deductibles.and rSelf_Insured'Retentions
Andeductibles•orself i sured retentions must be declared to and-approved by the City. at the optione of theak
Any , pp y ty. At the option o
City, either' the insurer shall reduce or eliminate such deductibles or self-insured retent " City
its officers, officials-remployees and volunteers, or the-Consultant shall procure a bond.guaranteeing payment of
losses and related investigations, claim admmrstratton_anddefense 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, 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 tspecial limitations
on the scope,of protection afforded to the City, 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;agreementto indemnify=!the.additional insured would be invalid,under subdivision-(b) of
section 2782iof the Civil Code. •
2. For any claims related to this protect the Consultant's insurance coverage shall be primary insurance as
respects the City, its officers, officials;_'employees and volunteers. Any .insurance or• self-insurance
maintained by the City, its officers, officials, employees:or volunteers shall be excegof the Consultant's
insuranceiand-shall not contribute with it:
3. An y.failure to'comply g itth re reporting or other rouisions of the policies including breaches of warranties •
5 P g P
shall not affect covera e rovided to the City; 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,withrrespect 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 receiptrequested„has been given to the City.
Exhibit B I
Page 1 oft
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Acceptability of Insurers •
nsurance:is'to be placedwith-insurers with a•current--,A.M.Best's rating of no less than A:VII, unless otherwise
ceptable 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 l
Page 2 of 2
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RESOLUTION NO:
of the City,of'PetaluIna, .California
• 2 .
3
4
5
6
7 RESOLUTION TO AUTHORIZE THDCITY MANAGER TO ENTER INTO A
8 PROFESSIONAL SERVICES AGREEMENT FOR FURNISHING MATERIALS AND
9 SERVICES FOR THE INDUSTRIAL WATER EFFICIENCY PROGRAM
to • DEVELOPMENT WITH PACIFIC TECHNOLOGY ASSOCIATES
11
12
13 WHEREAS, the.City'of Petaluma recognizes that water is an,essential and limited
14 resource; and
15
16 WHEREAS, the City of Petaluma has a 5=year'Capital.Improvement Plan (CIP).for
17 Water System Improvements Which,includes Project''#9931_for water conservation; and
18
19 WHEREAS, the City'ofPetaluma has entered into a cooperative agreement with the
20 Sonoma County Water Agency to fund and administer a Water Conservation Program in
a21 the Water CIP Project#9931,for water conservation; and
22
23 WHEREAS, the.City of Petaluma has determined that conducting;an extensive water
24 management program to assist-water customers with water conservation and-reducing
25 peak water use is one of the strategies that it will employ to:acliieve its water
26 conservation goals;
27
28 NOW, THEREFORE, BE IT RESOLVED the Petalurna,CityCouncil authorizes the City
29 Manager to enter into.,a professional services agreementfor furnishing materials and
30 services for the industrial water efficiency program development,with Pacific Technology
31 Associates.
32
Under the power and authority coriferted'upon this Council by theC}iaiter-of'said City.
REFERENCE: I hereby certify the;:foregoing Resolution was introduced.and:adopted by the Approved as to
Council of the City of Petaluma at a (Regular) (Adjourned) (Special) meeting form
'on the .day of . l9 by the
following vote: City Attorney
AYES:
NOES:
*SENT:
ATTEST: -City Clerk Mayor
CA 10-85 Aea Na N.C.S.
•
PROFESSIONAL SERVICES AGREEMENT
. . For
INDUSTRIAL WATER EFFICIENCY PROGRAM DEVELOPMENT WITH-PACIFIC
'TECHNOLOGY ASSOCIATES
(T-itle of Project)
(Project Account Code No. 602-'400-9931-7104)
THIS AGREEMENT is`made and entered into this,
day of _
by and between the City of.Petaluma, a Municipal Corporation and a charter city (hereinafter
referred to as "City") and 'Pacific Technology Associates, 210 Fourth Street, Suite B,
Petaluma,California 94952.,(hereinafter_referredto 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:
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'liereunder under the following
terms:. $3,600 at the•end of task.'one, $14,640 at the.end of'task two,.$13;640 at the
end of task three, $2,900 at the:end of task four,.$9,500.at the end of task'five,.and
$5,600,at the end of task
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. FIFTY THOUSAND
DOLLARS '($50,000:00) 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.
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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
by Consultant upon prior written authorization ofrthe City Manager. Consultant:shall be
compensated for extra work at the;following rates: $100:00 per hour:
4. UseFSection 4(a) or 4(b).
(a) The term of this Agreement commences'on March 5;.2001,-and:&ends on August
30, 2001.. However, either party may terminate this Agreemenvupon 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 direr'tion to proceed'
from City: 'Consultant•shall perform the work described herein; in accordance
withithe'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 andteclinical personnel to perform all services under this Agreement. It;is
further understood and agreed that Consultant; including his/her agents;and employees,,ds
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 maybe,terminated•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 eventthe City delivers the Consultant,shall;be`entitled'to payment for
all services performed to date of termination to the extent'theyy were actually performed.in
accordance with`this Agreement
2 6/1/00
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•
7. 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;ofthis Agreement shall
be made.""without'thewritten consent?ofthe City.
8. Consultant may retain or'subcontract foi 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 accerdance.with professionals' standards of care.
10. During the performance of this,Agreement; Consultant will not discriminate,against any
employee or applicant Mr 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'deliyery 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 Bok 61
Petaluma, California:94953
Telephone: '(707)778-4360
Consultant: Edwin B. Orrett, P.E.
Pacific Technology Associates
210,Fourth Street, Suite B
Petaluma, CA 94952
• Telephone: (707 )769-5335
12. All bills shall be sent to the designated,project contact person on amonthly 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';rnake payment of said bill within thirty (30) days of
receipt.
•
3 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 documentsior 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 em_ployees.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,;excepfthose
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,necessaiv, until disposition has been made of claims or
suits damages as aforesaid.
•
15 Insurance. See;"Insurance.Requirements for Consultants" in Exhibit B'1.'or B2 attached •
hereto and incorporated herein by reference. Please check.and initial exhibit to 'be- �
incorporated:
Exhibit Rf X Exhibit B2
16. Amendment: This Agreement may be amended, provided said amendment tis in writing,
andsigned 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 servic_esror'retain another consultant to provide
such services, and deduct from the aniounts 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
4 6/I/D0
uncertainty, the languageastnot to be construed.ag"ainsf the party causing the uncertainty
o exist:
21.. Applicable 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 •Agreeinent
shall be held void, illegal; unenforceable, or in conflict with any law of the ffederal,.state
or local government having jurisdiction. over this Agreement, the validity of the
remaining portions or provisions;shall-not be affected thefeby.
22. Non-Waiver. The`City's failure to enforce:any provision of thi's•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. Severability. If any•term or portion of this Agreement is held to be invalid, illegal, or
otherwise'unenforceable by a eourt;of competent°jurisdiction,,the remaining provisions of
this Agreement shall continue in fulhfdree and effect.
24. Mediation. The partteskagreeto 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 B'ooks'and Records. •
A. Consultant, shall maintain any and all ledgers, books of accounts, invoices,
vouchers, canceled checks, and other records ordocuments 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 o_f 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
• 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
represent'atiues.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 CONSULTANT
By
City Manager
ATTEST:
Title
210 Fourth Street. Suite B
City Clerk Address
APPROVED,AS TO FORM: Petaluma CA 9492
City State . Zip
CityArtomey .TaxpayerI.D.Number
APPROVED:
Petaluma Business Tax Receipt-Number
Depatinent Head
APPROVED:-
Risk Manager
•
APPROVED: •
•
Finance Director U •
•
S
6 6/t/00
aiteueArlyrne,,t4 ,4
te4
INDUSTRIAL WATER,EFFICIENCY PROGRAM,DEVELOPMENT
Proposed Scope of Work • Pacific Technology,Associates
SUMMARY
This proposal,outlines a Scope,of Work that will provide the strategy, documentation, and
support necessary,to create•an,Industrial Water Efficiency Program for the City of Petaluma.
This builds upon earlier work funded by the City of Petaluma, Sonoma'County Water'Agency,
and the Rose Foundation that provided an initial survey of lessons learned from similar programs
elsewhere, an evaluation of program,benefits andcosts, and two demonstration projects._The
latter successfully demonstrated the ability to educe efficiency-improvements from:industrial
partners by means of performance-based public financial incentives.•
OBJECTIVE
The primary objective is,to impr ■ve:the;efficiency of water use•within the City's Commercial,
Industrial; and Institutional`(CII)•sector,at less cost to the,public than supplying water.and
wastewater services.' Achieving this,objective in significant fashion requires,uncoveringand
addressing critical implementation issues. Whil •'some of these issues are-alreadyknown, others
have yet to be identified.2 This;project:therefore includes procedures for identifying critical • •
issues so they may be addressed in the program design.
The design of a water efficiency program is fundamentally different from the traditional utility
programs that address new public workscinfrastructure, for non-technical issues,are the most
important.3 One works with users,to reduce•demand, the other attends to accommodating
whatever new demand appears. Accordingly, this workplan refers,to social systems theory to
design a:demand management program that will deliver superior results.
For comparison incoinmon units across;programs,-costs should beiexpressed asPlifecycle unit costs(the present
value of fixed and variable costs, per gallon, evaluated across common'
2 Known issues include size of financial incentive timing of payment(s) cream skinmiing free riders, financmg
high quality audits and projects, verifying'performance; and how a'.program will'be administered(integration with
other programs, promotion; budgeting,•monitoriag and means for improvement; etc.) Unknown'issues relate to
specific barriers and benefits to,participation,howio build commitment to action,-and how,to•value concomitant
program benefits(e.g.,economicdevelopment,'and environmental benefits related to,a reduced water demand).
3 As noted by The Water Campaign;aproject of the,International Council for Local Environmental Initiatives: The
Water Campaign focuses on the need to improve dialogue between water managers and water users. This dialogue
begins with improved water management within the local government'itself and extends to the community and the
watershed area. Improving,localeoverfinent service;delivery,places value odcommunity input.and participation.
This participatory approach to water management recognizes'that modern water management solutions are
increasingly non-teehnical!in their emphasis."The Water Campaign is an international`movement of local
governments and their stakeholders who are committed to achieving tangibleimprovements.in the sustainable use of
• fresh water resources.
SCOPE,'OF WORK;- •.
Task i. Market-Analysis- (53,600)
1.1 Consultant to work with City staff to characterize market in terns of water use.,by
customer type using database of CII customers provided by City:,contact information;
type of business;<and water usage'history (preferably at least two years of data)..
1.2 Consultant recommend,market segment to address; discuss and confirm with City staff:
Task.2. Reline_Program Content (S14,649)
• 2.1 Review;similar programs offered else_where(via telephone and literature);-with attention •
paid-to:
•
2.1.1 Description of Utility and,Program
2.1.2 Overall success
2:1.3 Customer classes addressed
2.1,4 'Strengths and weaknesses
•
2:1.51 'Supportpfovided.for audits
2.1:6 Payment structure (timing, amount, budgeting, free rider policy,,etc,)
2rl'.7
MeakS,ffirraddressine new coriStructibn VS. retrofitting,existing situations
2.1:8 Feedback system and improvement strategy .'
2:1.9 Participation-Drivers: agendy, vendors, trade groups, owners, engineers :..
2:1.1.0 Integration with other_water conservation programs
2.2 Qualitative:Research:interview,sampleof potential beneficiaries'to determine important
questions to pose4in a survey.4 AppropriateCity,and`US Filter (wastewater treatment,[
industrial pretreatment)"Staff Will also be;ihterviewed, independently,to•identify
management concerns.
2.3 Develop and conduct mail survey of(CII'•customers; based uponlabove,interviews. City to
provide=duplication and,rnailing"services.
2.4 Evaluateresults and summarize issues that Programahouldaddress
2.4.1 Preeiseniafketto address
2:4.2 Perceived',barners,and benefits
2.4:3 Vague areas requirii g resolution • .
2.4.4 Marketing%issues to consider
2.5 Discuss'cesults`(ofiteth 2.4) with City'staff .
y-This will iclukbarriers and benefits, approaches toward,commitment'sources of information.perceived.lobe
credible,,and'potential positive social norms thatwiIL_encourage:participation.
Task.3. Design Program and,Draft:Doeunients ($13,640) '
W 3.1 How.Program Works(PowerPoint Preseritations)5
3.1.1 For City Staff
3.1.2 ForPrivate:Partners (a_k.a.'utility customers)
3.2 Prepare Application Form(s). This task will not include legal review.
3.3 Outline Marketing-Strategy (including community-based social marketing techniques to
encourage participation)6
3.4 Outline Program Management Plan
3,4.1 Customer Interaction: marketing,sales cycle, budgeting, performance feedback
3.4.2 Record-keeping
3.4.3 Continuous Improvement;.setting objectives, measuring performance; adjusting
the program, and revising objectives
3.5 Review entire package with City staff and incorporate suggested'changes
Task 4. Test and Revise'Prograrit ($2,900)
4.1 Assemble focus group(s), present material and discuss
4.2 Revise Program and,documentation
Task 5. Develop Program LatincleSteategy, ($9,500)
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5.1 Recommend launch procedure including appropriate.workshop(s)'
5.2•Recommend,pre-qualification procedure for design.and/or monitoring & verification
professionals (?)'—firms to beAisted as authorized" professionals
5.3 Develop resource material for workshops
5'3.1 Example case studies
5:3.2 Vendor information
5.4 Provide Launch'Package to City
Task 6: Prepare'EPA Grant•.Proposalto Leverage City'Investment ($5,600).
Pacific Technology Associates will work with The Bay Institute,to`prepare a grant proposal
to the US'Environmental Protection Administration that will include development of a
Sustainability Management System for in Petaluma. As discussed below, work on this
task began prior:to being invited to prepareahis'(City)proposal.
The project proposed for the City of Petaluma,provides the;means for'helping to finance and
promote indoor water efficiency for Petaluma's CII customers. When this work is cast within
a larger framework,however,.its•effectiveness will multiply. For example, industrial water
S Note:: the budget�does'not-allow updating the 1998 esttmate.of avoided,costs,upon which incentive payments are
based
6 Doug McKenzie=Mohr and William Smith, Fostering Sustainable Behavior,New Society: Gabriola Island, 1999.
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efficiency alreadydemonstratedin Petaluma reveals the great valueiof addressing other
resource consumption simultaneously with water efficiency. The ability to realize the •
benefits of this approach, however,;req uires directing management"attention to unfamiliar
areas.
The best available tool for improving;management effectiveness in this area is a.high
performance Environmental Management System (EMS)based on International Standards
Organization.1400I:1996(E), which incorporates elements of Agenda,2l,to converttitto a
SustainabilityManagement System (SMS). This SMS may be designed to,meetproject
design, financial incentive administration,.and_continuous improvement needs of the
Industrial,Water Efficiency Program. •
The design•of the-"desired SMS will include-the following criteria:
cataloguing ofall'relevant environmental risks (defining enviromnerital aspdctsl•and
impacts)
• cataloguing of all relevant social responsibility:risks
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consideration of.the ecohoiiiic vitality of the,affected region
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• incorporation of Chapter.28 of Agenda-21 on the role of local agencies1in pursuing
sustainable development
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• P pp nAgenda 21 u e of industry in urs_ing
sustainable development and suainbl e odtion •
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• registration of the EMS/SMS as'a;niodel for usetelsewhere •
• public reporting and stakeholder.involvement toumaximize consensus-based decision
making and optimize'';the"chances Off kfccess fofthe project:
The--Bay Institute:of San Francisco, in cooperation with Pacific,Technology`-Associates and.
WSP Group North America, applied to•the Environmental Protection Administration for
authority to apply for a?grant'of$150,000 to develop the above and other material:? A
decision'by the`City of Petaluma to proceed Water:Efficiencywill strengthen
the ability tot gain;support'from the EPA,.and thereby means to vault;Petaluma`s program
ahead of everything else to truly become a national model. '
•SCIWD.ULE
All tasks,will becompleted not later than 29 lithe 2001.
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7 TherBay Institute of San.Francisco,iProposa,for Water Quality Cooperative Agrfeernent lllocation addressed'"to.
Michael Cook, Director, Office of Wastewater Management. on 27 Nov 2000 This proposal wasp epared with,the irfr.
idea,ofiEVii‘i,fundinc,the Program development work-discussedr above, in addition,to the"SMS and,other'items:The
EPA:proposal would be:modified considerably ifthe City of Petaluma Instead"funds-the Program"development work.
.I. INSURANCE REQUIREMENTS FOR CONSULTANTS.
Tonsultant 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:Sbope of Insurance .
Coverage•§hall be at least as broad as: •
1: Insurance S'ervices.Office Corntnercial Generalliability coverage (occurrence form CG 0001).
2. Insurance Services Officeform;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 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 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,"p opertydamage.
3. Employer's Liability: $1,000,000`per,accidentfor bodily injur -or-disease. -
Deductibles and Self-Insured-Retentions
ny deductibles or self-insured retentions must he declared to and approved by the City. At the option of the
ty, either: the:insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City',
s officers, officials, employees and volunteers or'the Consultant shall procure ia bond guaranteeing payment of
losses and related investigations„claim administration and defense expenses. .
Other Insurance Provisions i
The general liability and automobile liability policies are to contain, or be endorsed to contain; the following
provisions:
1. The City, 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 ofprotection afforded tb.the City, 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 ad ditional insured.would be invalid under subdivision (b) of
section 2782-of the Civil Code.
2. For-any'claims related to this the Consultants insurance coverage shall be primary insurance as
respects the City, 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 withit.
3. Any failure to comply with reporting or other provisions•ofthepolicies:including„breaches of warranties
shall not affect coverage-pro-vide-ft-Id the City, its officers, officials, employees or volunteers.
4. The Consultant's insurance shall apply separately to eachinsured against wh om 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
0 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 I •
Pan l of 2
6/1/00
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Acceptability of-Insurers •
Insurance is to be-placed with insurers with a current A.M. Best's rating of no less than AsVII, unless otherwis�
acceptable to the City.
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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 onforms 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 Consultants insurer may provide'
complete, certified copies_of all required `insurance policies, including endorsements effecting the coverage
required_by`these specifications.
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Exhibit-B
• Page 2'bf 2
611/00
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