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HomeMy WebLinkAbout2008-03-19 e-packet SPE<=:IAL MEETING CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO P.o. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, California 94083 CITY HALL CONFERENCE ROOM 400 GRAND AVENUE WEDNESDAY, MARCH 19,2008 6:30 P.M. NOTICE IS HEREBY GIVEN, pursuant to Section 54956 of the Government Code of the State of California, the City Council of the City of South San Francisco will hold a Special Meeting on Wednesday, the 19th day of March 2008, at 6:30 p.m., in the City Hall Conference Room, 400 Grand Avenue, South San Francisco, California. Purpose of the meeting: 1. Call to Order. 2. Roll Call. 3. Public Comments - comments are limited to items on the Special Meeting Agenda. 4. Presentation -- discussion of and direction to staff regarding design and construction schedule for the proposed Caltrain Station on Airport Boulevard in South San Francisco. 5. Presentation -- Recycled Water Project Facility Plan progress with the San Francisco Public Utility Commission and California Water Service Company. -- 6. Adjournment. ort AGENDA ITEM # 4 DATE: TO: FROM: SUBJECT: March 19, 2008 Honorable Mayor and City Council Ray Razavi, City Engineer CALTRAIN STATION UPDATE PRESENTATION RECOMMENDATION It is recommended that the City Council review and provide direction to staff on the current proposed design for the Caltrain Station. BACKGROUND/DISCUSSION On January 18, 2008, through an interoffice memorandum, the Council was informed of proposed design options for the new Caltrain station and their feedback was requested for location of the drop- off area. Two options were discussed in the memorandum. The first option was at Airport Blvd and Baden Ave utilizing the existing City propc~rty at 178/180 Airport Blvd as well as two additional parcels to be acquired by the City from privat~: property owners (Borba & Bertlesen). The second option was located at Executive Drive, east of highway 101. This option utilized the existing street width as well as City owned property currently being used by Comfort Suites as parking. Executive Drive is currently a private street, however, representatives from Gateway who own the property have agreed to transfer title to the City at no cost since they will benefit from relinquishing the maintenance responsibilities. Staffhad recomm~:nded the second option and Council's response was also in agreement with that option. At this time, San Mateo County Transit District is prepared to provide a presentation on details of the new design and respond to questions regarding the various features of the proposed station as well as the construction schedule. By: ') L Approved: at/rr/tw/kj 19, · Project urpo · Project onCE · Project oals · Project chedule · N xt teps o CO trolled )lis ed pedestria tes/pedest 'a 01 est i ate 0 t mproves saf~ ty with de center board platform & controls with signalizatio u derpass I i . t tyw rat te i I i III 10 III I I i I it tr onal exib location dd operati statio III I d t Increase connectivit' . addi access from th appeara tow a ve stati e 0 n Impr wit . . ty i I i b 5 t a . te oard atform it t II ~s ignalized & gated at no edestrian underpass at sc Ie ateway to South Sar III . I Link to Grand Avenue edestrian access via nderpass t I west and east destinations · Shuttle service to/frorr c ( tions Calt III tation on x c ti III I ~ """au ""'" \ r1=.. 1. A~llIED B.IS lIU kEED 'lJ' rm TN<E-CFF ::iX)f.lE: AID :rt FCR APPRDACH. 2. Tf3JC~ lU~ING IWllJ~ 1M: lEme BASfll Cli AASHlll'~ BUS-lQ IIlTH A MNlHlM wm)~JIE T1J!;!,IfjQ RiICIUG Cl' ~. J. 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INIULA CCHlJDOR ..oINT ZtxJIH SAN fRANGlXO STAlION CONCEPTUAL SITE LAYOUT PLAN EXECUTIVE DRIVE I PRELIMINARY I "=~= ~~ - - 1'15 97 13 8 ~ "5 1:; W iiil L LA.W iiiiir l..l.JoH iiiiiiiD ~T-'Aw.u. ~oo eo east bs at ssi ility I area an oda rs s TOO and Chc west t tra co 0 ic evelopm asy access to public uttle d rOI ase 0 it ties for a ce Commu ity - Cohesive mage east rovides link betwee side develop e t ro ote - Opportun nc I . . ~ ~ I"!- SOUTH SAN FRANCISCO CAL TRAIN STATION - NORTH END OF PLATFORM O;::~::::UTI ----... \. - SOUTH SAN FRANCISCO CALTRAIN STATION EAST TUNNEL PORTAL (, ~ -- \.....~ ----- . .~.'~ ~~~'''- ,~.~ '" ~ ...... f ,. f I' i ;' , ) (so mprov afety - Pedestria derpass . ) o ( - Gated/signalized crossing led train tracks Reliab track pgrade efurbis exibil . aln e ew turnouUpocket track - Optimize signa system ty o a Appeara nectivity nderpass prove Statio ncrease Co - Pedestria . . ort AGENDA ITEM # 5 DATE: TO: FROM: SUBJECT: March 19,2008 Honorable Mayor and City Council Ray Razavi, City Engineer RECYCLED WATER PROJECT FACILITY PLAN PROGRESS PRESENTATION RECOMMENDATION It is recommended that the City Council review and advise, through discussion, City staff on a Memorandum of Understanding (MOD) for Engineering Consulting Services for a Recycled Water Project Facility Plan (RWPFP) with the San Francisco Public Utility Commission (SFPUC), California Water Service Company (Cal Water) and a Consulting Services Agreement with Carollo Engineers. BACKGROUND/DISCUSSION In 2007, the Cities of South San Francisco (SSF), San Bruno and Brisbane, in conjunction with SFPUC and Cal Water completed a feasibility study for utilizing recycled water as an additional water source, primarily for irrigation. The feasibility study identified potential customers and generation/distribution optionso In essence, the study concluded that there is a real chance to create and use recycled water for non-potable purposes throughout the north Peninsula. Since issuance of the feasibility study, staffhas met with representatives from SFPUC and Cal Water to discuss a facility plan to provide recycled water in various phases to potential customerso Recycled water facilities require a high initial capital investment for constructing the treatment facility and transmission pipelineo The cost to produce and deliver recycled water is currently three to four times the cost of purchasing potable water, so the cost differential is a major impediment to the sponsoring agencies who would benefit from the project. SSF, SFPUC and Cal Water are proposing to be the proj ect sponsors and each would need to absorb a portion of the initial cost and on-going expenses ifthe project is to go forward. Additional state/federal grant funding would also be pursued to supplement the fundingo Each agency would benefit from this project as follows: SFPUC - By eliminating potable water delivery to the National Cemetery and various other irrigation users, SFPUC will have more potable water available for resale which would be especially beneficial during drought years. SFPUC also has concerns regarding the depletion of the aquifer created by major users pumping from wells 0 Another source would protect the aquifero Staff Report Subject: MOU AND CONSULTING SERVICES AGREEMENT FOR RECYCLED WATER PROJECT Page 2 of3 Cal Water - By eliminating or reducing ground water usage by the golf course and cemeteries, Cal Water will have more capacity available to them through excess ground water. Cal Water proposes to provide delivery infrastructure, maintenance, and customer billing for the recycled water since SSF does not currently have the required staffing for the water distribution/billing. SSF - Construction of a new recycled water treatment facility will increase SSF's sewer treatment capacity. It will reduce the sewer effluent discharged to the bay and contribute to SSF's commitment for being a "Green" eommunityo Additionally, more potable water availability would provide opportunities for additional development. SFPUC and Cal Water would like SSF to join them in securing a consultant (Carollo Engineers) to prepare a RWPFP. This RWPFP will help determine how to proceed with conceptual and detailed design efforts and determine future cost sharing and risks between all parties. The purpose and goals of this Consulting Services Agreement are to: . More clearly identify recycled water demands and requirements using satellite treatment facilities; . Identify pumping and piping modifications required to deliver secondary effluent from the Water Quality Control Plant to satellite tertiary facilities; . Design a conceptual distribution system and storage and pressure requirements to deliver recycled water; . Provide preliminary information on treatment processes including sizing of fine screening, tertiary membranes, and support equipment; . Evaluate various reuse options to identify preferred project alternatives including treatment, storage, transmission and distribution facilities; . Prepare preliminary drawings for the preferred project alternatives and develop project design criteria; . Develop preliminary detailed cost estimates of the identified preferred project alternatives; . Obtain a comprehensive, ea.sily understandable facility plan on Recycled Water Project alternatives and; . Coordinate the use of surface and groundwater resources in the South Westside Basin The cost for development of this plam (estimated at $173,200) would be shared equally among the three parties. At the completion of the plan, the parties would review and decide on the next steps and agreements for construction of the treatment facilities, transmission and distribution responsibilities, as well as cost sharing for the capital improvements and operation costso Council may also consider a preliminary financial analysis to determine if it wishes to push this project further before more detailed. plans are developed. It may also be Council's desire to have staff work closely on distribution and cost collection issues with Cal Water before proceeding to preliminary project details. Staffhelieves that Cal Water is best suited to take the product from our plant and deliver it to customers; however, it does not believe that SSF should bear a higher cost than Cal Water in this endeavor, nor should it be denied any lesser benefit from such collaboration. Staff Report Subject: MOU AND CONSULTING SERVICES AGREEMENT FOR RECYCLED WATER PROJECT Page 3 of3 FUNDING The total cost of the Engineering Consulting Services would not exceed $173,200 and will be apportioned equally between the three parties. SSF's share is $57,733. Funds have been budgeted for this project in the 2007-2008 CIP. CONCLUSION The facility plan is the next phase ofthe feasibility study. Staff recommends we continue with the next phase of this project and will prepare the necessary documents and staff report to present to Council formally at a meeting in April. Adoption ofthe resolution would then authorize the City Manager to enter into a MOU for a Recycled Water Project Facility Plan with SFPUC and Cal Water and award an Engineering Consulting Services agreement. By. ~; Rae; ~ Ray aVI City Engineer Approved:..- ~'(19 { ,-(~/ BatQlM.""Nagel ( City Manager "'---- Attachment: Draft Memorandum of Understanding Draft Proposal for Engineering Consulting Services atlrr/tw/kj MEMORANDUM OF UNDERSTANDING by and between the CITY OF SOUTH SAN FRANCISCO CALIFORNIA WATER SERVICE COMPANY and the SAN FRANCISCO PUBLIC UTILITIES COMMISSION for ENGINEERING CONSULTING SERVICES FOR A RECYCLED WATER PROJECT FACILITY PLAN This Memorandum of Understanding (MOU) is entered into thisI)day of December 2007, by and between the San Francisco Public Utilities Commission (SFPUC), the City of South San Francisco (South San Francisco), and the California Water Service Company (Cal Water) for the purpose of sharing costs and responsibilities for engineering consulting services ftDr a facility plan of alternatives for a proposed South San Francisco Recycled Water Project (Recycled Water Project). RECITALS WHEREAS, the SFPUC and Cal Water (in its capacity as potable water service provider to the City of South San Francisco) are participating in discussions to improve the management of surface and groundwater resources within the South Westside Basin Aquifer underlying portions of San Francisco, Daly City, San Bruno, and South San Francisco; and WHEREAS, recycled water, to the extent made available for irrigation purposes, is a valuable resource that could offset surface water imports by the SFPUC and reduce groundwater pumping in the South Westside Basin, thereby freeing up groundwater for potable use; and WHEREAS, South San Francisco and the City of San Bruno jointly operate a waste water treatment plant in South San Francisco for treatment of wastewater from their respective service areas, which plant discharges secondary treated wastewater to San Francisco Bay; and WHEREAS, the parties desire to investigate and evaluate Recycled Water Project alternatives at a facility plan level in order to determine whether to proceed with conceptual and detailed design efforts suitable to support an environmental document and future cost sharing agreements between the parties; NOW, THEREFORE, it is mutually understood and agreed as follows: SECTION 1: AUTHORITY OF PARTIES 1.1 The SFPUC is responsible for managing San Francisco's municipal utilities pursuant to the Charter of the City and County of San Francisco and provides surface water on a wholesale basis to Cal Water. 1.2 South San Francisco is a General Law City pursuant to the laws of the State of Californiao MOD for South San Francisco Recycled Water Study 1.3 Cal Water is an investor owned utility, as defined in California Public Utilities Code Section 2701. SECTION 2: DEFINITIONS The abbreviations and capitalized words and phrases used in this MOU shall have the following meanings: 2.1 "Cal Water" means the California Water Service Company. 2.2 "Contractor" means Carollo Engineers. 2.3 "Engineering Consulting Services" means the services to be performed by Contractor identified in the scope of work attached as Exhibit A. "Parties" means the Cal1Water, SFPUC, and South San Francisco. "Recycled Water Project" means investigating and evaluating recycled water alternatives to be developed by Contractor at a facility plan level for providing tertiary treated recycled water for irrigation of Orange Park, California Golf Club, Linear Park, Golden Gate National Cemetery, and cemeteries in the Town of Colma, in accordance with Exhibit A. "SFPUC" means the San Francisco Public Utilities Commissiono 2.4 2.5 206. 2.7 2.8 "South San Francisco" means the City of South San Francisco. "Water Quality Control Plant" means the wastewater treatment plant in South San Francisco that is jointly operated by San Bruno and South San Francisco. SECTION 3: PURPOSES AND GOALS OF THE ENGINEERING CONSULTING SERVICES 3.1 Purposes and Goals: The purposes and goals of the Engineering Consulting Services are: 301.1 To evaluate existing data to identify recycled water demands and requirements of anticipated customers based on the use of satellite treatment facilities. 3.1.2 To identify pumping and piping modifications required to deliver secondary effluent from the Water Quality Control Plant to satellite tertiary facilities. 3.1.3 To develop the distribution system, storage and pressure requirements to deliver recycled water to Recycled Water Project users. 3.1.4 To provide preliminary information on treatment process including sizing of fine screening, tertiary membranes, and support equipment. 3.1.5 To evaluate various reuse options to identify a preferred project alternative that will include treatment, storage, transmission and distribution facilities. 301.6 To prepare preliminary drawings for the preferred project alternative, and develop project design criteria. MOD for South San Francisco Recycled Water Study 2 3.1.7 To develop preliminary cost estimates of the identified preferred project alternative. 301.8 To obtain a comprehensive, easily understandable facility plan on Recycled Water Project alternatives that can be used to further public understanding, grant applications, future environmental assessment in support of the project, and future agreements between the Parties. 301.9 To further the efforts of the parties to coordinate the management of surface and groundwater resources in the South Westside Basino SECTION 4: FUNDING AND ADMINISTRATION OF ENGINEERING CONSULTING SERVICES CONTRACT 4.1 Funding: The total cost of the Engineering Consulting Services is not to exceed $173,200. The total cost will be apportioned equally between the Parties: 4.1.1 Cal Water will contribute $57,7330 401.2 SFPUC will contribute $57,7330 4.1.3 South San Francisco will contribute $57,733. 401.4 In the event that the total cost of the Engineering Consulting Services exceeds $173,200, the Parties will meet to renegotiate the additional funding required and their respective shares 0 The cost sharing arrangement for the Engineering Consulting Services shall not be considered precedential for the financing of the construction and implementation of the Recycled Water Project, should the Parties choose to undertake the Project following the conclusion of the scope of the Consulting Services described herein following completion of all required environmental review under California Environmental Quality Act. 4.1.5 Cal Water and SFPUC shall maintain the right to review and approve all contracts and assoGiated amendments between South San Francisco and the Contractor for this Project. As such, South San Francisco shall provide copies of draft contract(s) with its Contractor(s) to Cal Water and SFPUC for review prior to implementation. Any changes to the compensation to the Contractor shall be reasonably approved by Cal Water and SFPUC in advance 0 4.1.6 Cal Water and SFPUC shall provide payment of invoices within 30 days of receipt of invoices from South San Francisco. Invoices shall include a breakdown of expenses incurred and a description of work completed during the invoice periodo 4.2 Administration of Contract: South San Francisco shall serve as project manager of the contract and be responsible for managing the contract for Engineering Consulting Services for the Recycled Water Project. South San Francisco's contract with the Contractor shall contain language which deems the Contractor to be an independent contractor of South San Francisco and not an agent or employee of the South San Francisco, Cal Water, or SFPUC. 4.3 Relationship of Parties ~Nith Respect to Funding: The obligation of each party to make payments under the terms and provisions of this MOU is an individual and several obligation and not a joint obligation with those of the other parties. Each party shall be individually responsible for its own obligations under this MOD. No party shall be under the control of, or shall be deemed to control any other party or parties collectivelyo No party shall be the agent of, or have the right MOD for South San Francisco Recycled Water Study 3 or power to bind any other party without such party's express written consent, except as expressly provided in this MODo 4.4 Invoices: South San Francisco's contract with Contractor shall require the Contractor to submit monthly invoices. The invoices shall separately set forth in detail the services performed and the expenses incurred for the Recycled Water Project, and shall identify which individual provided such serviceso The SFPUC, and Cal Water shall be given the opportunity to review the Contractor's invoices before payment is made. 4.5 Insurance: South San Francisco's contract with the Contractor shall require the Contractor to maintain in force during the course of the contract insurance in the following amounts and coverages, with insurers satisfactory to Cal Water and the SFPUC: (i) Commercial General Liability Insurance with limits not less than $1,000,000 each occurrence Combined Single Limit for Bodily Injury and Property Damage, including Contractual Liability, Personal Injury, Products and Completed Operations; and (ii) Automobile Liability Insurance with limits not less than $1,000,000 each occurrence Combined Single Limit for Bodily Injury and Property Damage, including Owned, Non-Owned and Hired auto coverage, as applicable. If any policy includes an aggregate limit or provides that claims investigation or legal defense costs are included in such aggregate limit, the aggregate limit shall be double the occurrence limits specified above. Each policy shall: (i) name as additional insured South San Francisco, Cal Water and the SFPUC, and their officers, agents and employees; (ii) provide that it is primary to any other insurance available to any additional insured, with respect to any claims arising out of this Agreement; (iii) provide that it applies separately to each insured against whom claim is made or suit is brought; and (iv) provide for at least thirty (30) days' advance written notice to South San Francisco, Cal Water and the SFPUC of cancellation or modification. 4.6 Indemnity: South San Francisco's contract with the Contractor shall contain language requiring the Contractor to indemnify, defend and hold harmless South San Francisco, Cal Water and the City and County of San Francisco for any and all claims for bodily injury or property damage arising out of the negligence or willful misconduct of the Contractor. 4.7 Return of Unexpended Engineering Consulting Services Funding: Upon completion of the Engineering Consulting Services, South San Francisco shall return to Cal Water and SFPUC any portion of their share of contract funding for the Recycled Water Project, which have not been expended or obligated to the Contractor. If South San Francisco has terminated the agreement prior to completion of Engineering Consulting Services and either the SFPUC or Cal Water has assumed the role of contract administrator, then Cal Water and SFPUC shall return to South San Francisco any portion of its share of contract funding for the Recycled Water Project, which have not been expended or obligated to the Contractor. SECTION 5: GENERAL PROVISIONS GOVERNING MOU 5.1 Term: The term of this MOU shall be twelve (12) months from the date of execution by the Partieso 5.2 Invalidity of Any Term Not to Invalidate Entire Memorandum: In the event that any of the terms, covenants or conditions of this MOD or the application of any such term, covenant or condition shall be held invalid as to any party by any court of competent jurisdiction, all other terms, covenants, or conditions of this MOU and their application shall not be affected thereby, but shall remain in full MOD for South San Francisco Recycled Water Study 4 force and effect unless any such court holds that those provisions are not separable from all other provisions of this MOD. 5.3 Construction of Terms: This MOU is for the sole benefit of the Parties and shall not be construed as granting rights to or imposing any obligations on any person other than the Parties. 5.4 Good Faith: Each party shall use its best efforts and work wholeheartedly and in good faith for the expedited completion of the objectives of this MOD and the satisfactory performance of its termso 5.5 Termination for Convenience: Cal Water, South San Francisco and/or SFPUC may terminate this MOU :for any party's convenience and without cause at any time by giving the other parties thirty (30) days written notice of such termination. In the event of such termination, South San Francisco will be paid for services performed by the Contractor, pursuant to this MOD, to the satisfaction of Cal Water and/or SFPUC up to the date of termination. In no event will South San Francisco, Cal Water and/or SFPDC be liable for costs incurred by the Contractor after receipt of a notice of terminationo 5.6 Governing Law: This MOU is made under and shall be governed by the laws of the State of California. IN WITNESS WHEREOF, the Parties have executed this Memorandum of Understanding by their duly authorized representatives as of the day and year indicated on the first page of this MOD. CITY OF SOUTH SAN FRANCISCO CALIFORNIA WATER SERVICE COMPANY By: Barry Nagel City Manager Dated: By: Robert R. Guzzetta Vice President-Engineering and Water Quality Dated: Authorized by City of South San Francisco City Council, Resolution No. Authorized by California Water Service Company, Resolution Noo Commission Secretary By: Secretary By: Adopted ,2007 Adopted ,2007 MOD for South San Francisco Recycled Water Study 5 APPROVED AS TO FORM: Meyers Nave LLP By: Steven To Mattas Attorneys for City of South San Francisco MOD for South San Francisco Recycled Water Study 6 APPROVED AS TO FORM Duane Morris LLP By: Colin L. Pearce Attorneys for California Water Service Company CITY AND COUNTY OF SAN FRANCISCO PUBLIC UTILITIES COMMISSION By: Susan Leal General Manager Dated: Authorized by San Francisco Public Utilities Commission, Resolution No. _ By: Commission Secretary Adopted ,2007 APPROVED AS TO FORM Dennis Herrera, City Attorney By: Joshua Milstein Deputy City Attorney MOD for South San Francisco Recycled Water Study 7 EXHIBIT A Consulting Services to City of South San Francisco for Recycled Water Facility Plan for the South San Francisco Recycled Water Project Task 1: Demand Analysis $3,902 Task 2: Secondary Effluent Delivery Analysis $13,424 Task 3: Recycled Water Distribution Analysis $14,216 Task 4: Process Analysis $8,060 Task 5: Alternative Development $15,680 Task 6: Alternative Evaluation $18,020 Task 7: Cost Estimates $12,780 Task 8: Project Management $14,280 Task 9: Meetings $41,998 Task 10: Report Preparation $30,840 Total: $173,200 MOD for South San Francisco Recycled Water Study 8 CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND CAROLLO ENGINEERS, P.C. THIS AGREEMENT for consulting services is made by and between the City of South San Francisco and Carollo Engineers, P.C. ("Consultant") (together sometimes referred to as the "Parties") as of (the "Effective Date"). Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A, attached hereto and incorporated herein, at the time and place and in the manner specified therein. In the event of a confiict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail. 1.1 Term ofServices.Jhe term of this Agreement shall begin on the Effective Date and shall end on , the date of completion specified in Exhibit A, and Consultant shall complete the work described in Exhibit A prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section 8. 1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession. Consultant shall prepare all work products required by this Agreement in a substantial, first-class manner and shall conform to the standards of quality normally observed by a person practicing in Consultant's profession. 1.3 AssiQnment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. 1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.1 above and to satisfy Consultant's obligations hereunder. Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed One hundred/ sev~nty-threethousandarldtWQibundreddQllars($~73,40P), notwithstanding any contrary indications that may be contained in Consultant's proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant's proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified Consulting Services Agreement between City of South San Francisco and Carollo Engineers P.C. DATE Page 1 of 14 herein. Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person. Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant's estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. 2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information: III Serial identificatiions of progress bills; Le., Progress Bill No. 1 for the first invoice, etc.; · The beginning and ending dates of the billing period; . A Task Summary containing the original contract amount, the amount of prior billings, the total, due this period, the balance available under the Agreement, and the percentage of completion; III At City's option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense; . The total numbElr of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder, as well as a separate notice when the total number of hours of work by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds 800 hours, which shall include an estimate of the time necessary to complete the work described in Exhibit A; III The Consultant's signature. 2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant. 2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this Agreement within sixty (60) days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed. 2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever Consulting Services Agreement between City of South San Francisco and Carollo Engineers P.C. DATE Page 2 of 14 incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment. 2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the in Exhibit A. 2.6 Reimbursable Expenses. Reimbursable expenses are specified below, and shall not exceed '. Expenses not listed below are not chargeable to City. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall, not be exceeded. 2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. 2.8 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and rEiimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs incurred to that date. 2.9 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator. Section 3. FACILITIES AND EQUIIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein. City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant's use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, includinu but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities. Consulting Services Agreement between City of South San Francisco and Carollo Engineers P.C. DATE Page 3 of 14 Section 4. INSURANCE REQUIRE.MENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractorso Consistent with the following provisions, Consultant shall provide Certificates of Insurance, attached hereto and incorporated herein as Exhibit B, indicating that Consultant has obtained or currently mailntains insurance that meets the requirements of this section and under forms of insurance satisfactory, in all respects, to the City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to Cityo Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. 4.1 Workers' Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers' Compensation InsurancH and Employer's Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident. In the alternative, Consultant may rely on a self-insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the Labor Code shall be so!lely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or the Consultant, if a program of self-insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement. 4.2 Commercial General and Automobile Liabilitv Insurance. 4.2.1 General reQuirlements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the gem~ral aggregate limit shall apply separately to the work to be performed undm this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting there from, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non- owned automobileso Consulting Services Agreement between City of South San Francisco and Carollo Engineers P.C. DATE Page 4 of 14 4.2.2 Minimum SCOPE! of coveraae. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 or GL 0002 (most recent editions) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 8 and 9. No endorsement shall be attached limiting the coverage. 4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy: a. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis. bo Any failure of Consultant to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers. 4.3 Professional Liabilitv Insurance. 4.3.1 General reQuin!ments. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals' errors and omissions. Any deductible or self-insured retention shall not exceed $150,000 per claim. 4.3.2 Claims-made limitations. The following provisions shall apply if the professional liability coveragH is written on a claims-made form: a. The retroactive date of the policy must be shown and must be before the date of the Agreement. b. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Agreement or the work, so long as commercially available at reasonable rates. c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five years after completion of the Agreement or the work. The City shall have the right to exercise, at the Consultant's sole cost and expense, any extended reporting provisions of the policy, if the Consultant cancels or does not renew the coverage. Consulting Services Agreement between City of South San Francisco and Carollo Engineers P.C. DATE Page 5 of 14 d. A copy of the claim reporting requirements must be submitted to the City prior to the commencement of any work under this Agreement. 4.4 All Policies Requirements. 4.4.1 Acceptabilitv of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII. 4.4.2 Verification of coveraae. Prior to beginning any work under this Agreement, Consultant shall furnish City with complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage 011 its behalf. 4.4.3 Notice of Reduction in or Cancellation of Coveraae. A certified endorsement shall be attached to all insurance obtained pursuant to this Agreement stating that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified mail, return recElipt requested, has been given to the City. In the event that any coverage required by this section is reduced, limited, cancelled, or materially affected in any other manner, Consultant shall provide written notice to City at Consultant's earliest possible opportunity and in no case later than ten (10) working days after Consultant is notified of the change in coverage. 4.4.4 Additional insured; primary insurance. City and its officers, employees, agents, and volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of activities performed by or on behalf of Consultant, including the insured's general supervision of Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by the Consultant in the course of providing services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or volunteers. A certified endorsement must be attached to all policies stating that coverage is primary insurance with respect to the City and its officers, officials, employees and volunteers, and that no insurance or self-insurance maintained by the City shall be called upon to contribute to a loss under the coverage. 4.4.5 Deductibles and Self.lnsured Retentions. Consultant shall disclose to and obtain the approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. Consulting Services Agreement between City of South San Francisco and Carollo Engineers P.C. DATE Page 6 of 14 During the period covered by this Agreement, only upon the prior express written authorization of Contract Administrator, Consultant may increase such deductibles or self-insured mtentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or sl3lf-insured retention levels with a requirement that Consultant procure a bond, guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them. 4.4.6 Subcontractors~ Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 4.4.7 Variation. The City may approve a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that the City's interests are otherwise fullly protected. 4.5 Remedies. In addition Ito any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant's breach: III Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; · Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or · Terminate this Agrel3ment. Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. Consultant shall indemnify, defend with counsel selected by the City, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their worko The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises wholly from the gross negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or Consulting Services Agreement between City of South San Francisco and Carollo Engineers P.C. DATE Page 7 of 14 violation of law. It is understood that thE! duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in Section 27'78 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Section 6. 6.1 Section 7. STATUS OF CONSULTANT. Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee~ of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. 6.2 Consultant No Aaent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. LEGAL REQUIREMENTS. 7.1 Governina Law. The laws of the State of California shall govern this Agreement. 7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the~ performance of the work hereunder. Consulting Services Agreement between City of South San Francisco and Carollo Engineers P.C. DATE Page 8 of 14 7.3 Other Governmental Rl~aulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all appllicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of what-so-ever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City. 7.5 Nondiscrimination andl Equal Opportunity. Consultant shall not discriminate, on the basis of a person's race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contractin~l, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby. Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. Section 8. TERMINATION AND MODIFICATION. 8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant. Consultant may cancel this Agreement upon 30 days' written notice to City and shall include in such notice the reasons for cancellation. In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement. Consulting Services Agreement between City of South San Francisco and Carollo Engineers P.C. DATE Page 9 of 14 8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period. 8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties. 8.4 AssiQnment and SubciOntractinQ. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant's unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplatlsd and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator. 8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this A~lreement. 8.6 Options upon Breach bv Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall include, but not be limited to, the following: 8.6.1 Immediately terminate the Agreement; 8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; 8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or 8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work. Consulting Services Agreement between City of South San Francisco and Carollo Engineers P.C. DATE Page 10 of 14 Section 9. KEEPING AND STATUS OF RECORDS. 9.1 Records Created as Part of Consultant's Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other useo City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties unless required by law. 9.2 Consultant's Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement. 9.3 Inspection and Audit l)f Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the Cityo Under California Government Code Section 8546.7, if the amount of public funds expended under this A~lreement exceeds TEN THOUSAND DOLLARS ($10,000000), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement. Section 10 MISCELLANEOUS PROVISIONS. 10.1 Attornevs' Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. 10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County San Mateo or in the United States District Court for the First District of Californiao 10.3 Severabilitv. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so Consulting Services Agreement between City of South San Francisco and Carollo Engineers P.C. DATE Page 11 of 14 adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this AgreemHnt shall not void or affect the validity of any other provision of this Agreement. 10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement. 10.5 Successors and Assi~ms. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties. 10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper. 10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a "conflict of interest," as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq. Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq. Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous twelve months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of Government Code S10SiO et.seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code S 1090 and, if applicable, will be disqualified from holding public office in the State of California. 10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials. 10.9 Contract Administratilon. This Agreement shall be administered by Ray Razavi, City Engineer ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee. 10.10 Notices. Any written notice to Consultant shall be sent to: Consulting Services Agreement between City of South San Francisco and Carollo Engineers P.C. DATE Page 12 of 14 Carollo Engineers, P.C. 2700 Ygnacio Valley Road, Suite 300 Walnut Creek, CA 94598 Any written notice to City shall be sent to: City Clerk City of South San Francisco 400 Grand Avenue South San Francisco, CA 94080 10.11 Professional Seal. Whl~re applicable in the determination of the contract administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility," as in the following exampleo Seal and Signature of Registered Professional with report/desi~ln responsibilityo 10.12 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as ~:xhibit A, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. 10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. Consulting Services Agreement between City of South San Francisco and Carollo Engineers P.C. DATE Page 13 of 14 The Parties have executed this Agreement as of the Effective Date. CITY OF SOUTH SAN FRANCISCO Barry M. Nagel, City Manager Attest: City Clerk Approved as to Form: City Attorney 207532_1 Consultants NAME: TITLE: Consulting Services Agreement between City of South San Francisco and Carollo Engineers P.C. DATE Page 14 of 14 EXHIBIT A SCOPE OF SERVICES 207532_1 Consulting Services Agreement between City of South San Francisco and Carollo Engineers, P.Co - Exhibit A DATE Page 1 of 1 207532_1 EXHIBIT B INSURANCE CERTIFICATES Consulting Services Agreement between City of South San Francisco and -Exhibit B DATE Page 1 of 1 City of South San Francisco City Council Presentation March 19, 2008 Recycled Water in the South San Francisco Area Engineers... Wofting Wonders With Water" What is Recycled Water? + Wastewater that has undergone tertiary treatment to meet CA Department of Public Health (DPH) Title 22 standards . Filtered and disinfected . 99.990/0 remova of bacteria and viruses Recycled Water Process + Water rates w ill most Ii kely . I ncrease + SFPUC potable water deliveries could be limited in the future lIy supports + Recycled water can be used for potable uses such as irrigation Why Recycle Water? + The State of Ca I i fo rn i a fu non- . I t Why Recycle Water? (continued) + Its use will reduce withdrawals from the groundwater basin + Reduces effluent discharges to the Bay + May increase wastewater treatment capacity + It is considered a drought-proof source Year ttr 8 & - .. I ~ 15 8 u 6 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 - Recycled Water - Preferred Alternative - Cal Water - San Bruno (Com.) - Brisbane (Res.) - SFPUC Wholesale - San Bruno (Res.) Burlingame - Brisbane (Irr.) 12 Projected Water Rate Comparison + Numerous alternatives evaluated + Recycled water market assessment . Over 100 potentia customers identified + Completed Recycled Water Feasibility Study . I n 2007 Feasibility Study Partners + City of South San Francisco + City of San Bruno + City of Brisba ne + San Francisco Public Utilities Commission (SFPUC) + California Water Service Company (Cal Water) Study Area MIIeo (. LEOEND - Infrastructure -- CaIIIomIe Water Service IItoa _ Sin Bruno _ OlS1rIctServtce /\rea - ~ Weier OIoIriCt ServIce Nell _ Gu8d8lupe VIIliey M~lCipal Weler OiIltrlCl ServIce Area - CIlyUmn - Exilting Pipell"" Potential Recycled Water Customers Identified Preferred Recycled Water Projects Were Phased LEGEND Irri:ga!ion Custorret IndustrlOl,<.;ommerCl81 ClJ;C"tomar Proposed Plpetine E,!gUng Plp"'lne Pump Stm~ t..,nk S10rage Reservoir ,""~~~. t't1J~f\t\.,;'~\..i Brisbane Upper and Lower Groupings + Selected because of proxim and high demands . I ty Phase 1 Major Customers Satellite Plant Shaw Road Pump Station Site Seoon~\~~t ~ Recycled Water Golden Gate National Cemetery Phase 1 Recycled Water Schematic Satellite Plant Linear Park Calma Cal Water Site Estimated Cost Per Acre-Foot + Assumptions: . 1.5 mgd MBR/UV treatment at the WQCP . Pipeline from WQCP to Orange Ave + CostS: . Approximate Project Cost = $12-17 M* . Annualized Project Cost = $415-588 k (30 yr) . Cost per Acre-Foot = $250 -350/ Ac-ft contingencies, no and acquisition What's Next? + Prepare facility plan . To be completed within 6 months from NTP - + Design 2008 2009 + Construction F aci lity Plan Design 2010 2011 Facility Plan Scope + Demand Analysis . Secondary Effluent Delivery Analysis . Recycled Water Distribution Analysis + Process Analysis Facility Plan Scope (continued) + Alternative Evaluation + Alternative Development + Cost Estimates City of South San Francisco $57,727 SFPUC $57,727 Cal Water $57,727 Total: $173,181 Cost of Facility Plan w Shared Equally: ill be Total Budget Estimate Task 1 $3,902 Task 2 $13,424 Task 3 $14,216 Task 4 $8,056 Task 5 $15,676 Task 6 $18,016 Task 7 $12,776 Task 8 $14,276 Task 9 $41,998 Task 10 $30,840 Total: $173,180 Costs END