HomeMy WebLinkAbout8.1 Agmt HiltonFarnkopf&Hobson
CITY CLERK
File # D~[Q][Q]-[3][QJ
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AGENDA STATEMENT
CITY COUNCIL MEETING DATE: (3/2/99)
SUBJECT:
Approval of Consulting Services Agreement with Hilton Farnkopf &
Hobson (HF&H), to evaluate City's progress toward meeting AB
939 diversion goals, and recommend strategies to assist City in
meeting the 50% goal by the year :WOO
(Report Prepared by: Sue Barnes)
ATTACHMENTS:
A.
Letter from Scott Hobson, Senior Vice President, HF&R
submitting proposal
Proposed Consulting Services Agreement
B.
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RECOMMENDATION: \../,'
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Approve Consulting Services Agreement \\'ith Hilton Farnkopf &
Hobson.
FI~ANCIAL STATEMENT:
The total cost of the proposal is $14,835. Measure D and Mitigation
funds the City of Dublin has received from the Alameda County
Waste Management Authority will be used to pay for the services.
Adequate funds are available to cover the entire cost of the proposal.
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DESCRIPTION:
In 1989, the State Legislature imposed AB 939, the Integrated \\'aste Management Act. Key provisions
of this Act required cities to develop programs that would reduce the flow of waste to the landfill by 25%
in 1995, and by 50% in the year 2000. Diversion percentages are based on a formula, which began with a
1990 base-year figure. Each year, an adjustment is made, based upon changes in population and
economics. including taxable sales, the Consumer Price Index, and an employer multiplier. The modified
base is then compared to actual disposal figures reported by landfills.
The table below outlines total tonnages of waste and recycled materials for the City of Dublin. As is
shown, total waste tonnages have decreased for each of the past three years. During this same period, t],~
City of Dublin's population and taxable sales base have increased. All of these factors weigh into
increasing the City's diversion rate.
\Vaste Tonnage Totals:
Year I Diversion Rate
1997 I 42.44%
1996 I 35.4%
1995 i 23.48%
Tons reported by hauler
23,661
23,367
24,207
Tons reported by landfill
29,959
31,627
35,852
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COPIES TO:
ITEM NO.
8.1
HI cc- f 0 rms/a gdastm t.d oc
CURRE~T DIVERSION PROGRAMS:
In addition to the previously mentioned factors, staff has worked closely with Livermore Dublin Disposal
to implement the following programs designed to divert solid waste from the landfill:
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· A single and multi-family recycling program began in 1990;
· A curbside green waste recycling for single-family residences started in 1996;
· Wood \vaste recycling was added to special clean-up events in 1998; and
· In the commercial sectOL a recycling program began in 1996, and v.ill be expanded this year
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During the past two years. these programs have diverted approximatdy 8.800 tons from the solid waste
stream. Based on the City' s 1998 population. this represents approximately 663 pounds on a per capita
basis. Diverted tonnages in each category are as follows:
Mixed Paper
Glass
Tin
Aluminum
PET Plastic
Narrow ~eck Plastic
Greenwaste
Total
2.780 tons
825 tons
141 tons
30 tons
50 tons
79 tons
4.895 tons
8,800 tons
The tons diverted from the waste stream through these recycling programs contribute to the decrease in
tonnages reported at the landfill.
CONSCLTlr\G ASSISTANCE: .
Final 1998 diversion rates are not yet available from the State of California. However, as was stated .
earlier, the City's 1997 rate is 42.4%. While this progress is generally considered satisfactory, it may still
be difficult to increase the City's diversion rate to the required 50% by the year 2000. Significant
increases will probably be unlikely in the residential sector, where the City's recycling programs have
been in place for some time, and are generally well-known. In the commercial sector, however, staff sees
opponunities for significant increases in diversion rates, especially if construction and demolition debris
can be targeted. '
At this time, staff feels it is appropriate to seek assistance from a consultant that specializes in solid waste
issues, to evaluate the City's progress thus far, and identify the areas in which the City should concentrate
to reach the required diversion rate.
In January 1999, a Request for Proposals was distributed to consultants who specialize in solid waste
issues. The RFP outlined the following scope of work:
1. Evaluate the City of Dublin's progress toward meeting at least a 50% diversion rate by the year
2000.
2. Review the City's population data and sales tax data.
3. Provide recommended programs or strategies to assist the City in reaching at least a 50% diversion
rate by the year 2000. The City is particularly interested in programs targeting commercial
accounts, schools, and other large waste producers. .
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'fWD proposals were received by the deadline. Staff is recommending that the City Council approve the
attached agreement ,,-ith Hilton Farnkopf and Hobson (HF&H)- HF&H provides planning, financiaL
economic and general consulting services exclusively to public officials responsible for solid waste.
recycling, water and wastewater activities. The firm has provided solid waste and recycling sen-ices to
, . more than 100 cities. counties, and joint powers authorities.
HF &H is very fan1iJiar \'-lith the City of Dublin solid waste sen-ices. since the fim1 assisted with the
negotiations of the City's current franchise agreement.
The proposal scope of work is included as Exhibit C of the attached Service Agreement. The firm
proposes to complete all three of the tasks outlined in the RFP for a total of $14,835_ The HF &H proposal
amount was the lowest ofthe two proposals received. The firm estimates that $9,000 of this total will be
for time spent analyzing n'on-residential programs. The remaining $5.835 will be charged for time spent
analyzing residential programs_
This service agreement will be paid for using Measure D and Mitigation Funds received from the
Alameda County Waste Management Authority. Adequate funds exist to cover the entire cost of the
proposal. The 1998/99 budget includes $15,000 of Measure D monies to be used for AB 939-relatcd
consulting services. and $10.000 of Mitigation Funds to be used for consulting services targeting non-
residential sen-ices.
STAFF RECO;\f1\IENDATION:
Approve Consulting Services Agreement with Hilton Famkopf & Hobson.
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~ HILTO::'\_FAR::'\KOPF & HOBSO!'\, LLC
[II;ID Ad\'lsoc" ~~I'\'ices [(l
-.:'Ig' Municipal :--lanagemcnt
2201 'V\,'alnut Avenue, Suite 250
Fremont. California 945:;:".:334
Telephone: 51O/713-327C
Fax: 510/713.3294
W\\'I\'. hm -consu ltanr-,.com
Frcm()n!
h"\\l'"n Reach
Si1(t~lnlen(O
February 9, 1999
Ms. Sue Barnes
Management Assistant
City of Dublin
100 Civic Plaza (PO Box 2340)
Dub lin, CA 94568
Proposal to
EVALUATE THE CITY'S PROGRESS
AND RECOMMEND STRATEGIES TO ACHIEVE
THE 50% AB939 DIVERSION GOAL
Dear Ms. Barnes:
Hilton Famkopf & Hobson, LLC (HF&H) is pleased to submit this proposal to aid the
City of Dublin (City) staff in evaluating the City's diversion programs and
recommending additional programs and strategies to help the City meet the 50%
diversion goal of AB939. .
Although some of the City staff are already familiar with our firm, we have included a
complete firm overview for those who may be less familiar with the nature of our
services. We believe HF&H is uniquely qualified to provide AB939 assistance to the
City for the following reasons:
.:. HF&H has prepared Annual Reports for eleven jurisdictions, including the
correction of base year inaccuracies in six cities, which resulted in significantly
higher diversion percentages. Our engagement staff have also conducted
diversion studies and have extensive experience conducting interviews and
field audits with commercial generators to assess existing diversion and
recommend alternatives to achieve greater diversion.
. HF&H staff has extensive experience throughout Alameda County and the Bay
Area, evaluating programs and working with jurisdictions to refine current
programs and implement new programs to increase diversion.
. Key staff members are very familiar with the City's programs and services, its
current and historical disposal and diversion amounts, and its primary hauler
and recycler.
If selected by the city, we are prepared to begin upon notification to proceed. Our
ATTACHMENT A
rp.:::vclo(J ,...... DaD~r
A
. ~'lf? HILTO;\" FAR;\"KOPF & HOBSO:-':, LLC
Ms. Sue Barnes
February 9, 1989
Paa-p .,
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proposal, including the scope of services and the proposed fee, is valid for ninety (90)
days from the date of this cover letter. Please contact Scott Hobson at (510)713-3274 or
Scott Hanin at (510) 713-3279, if you have any questions regarding our proposal or if
vou would like to schedule an interview.
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Very truly yours,
HILTON F P..RNKOPF & HOBSON, LLC
,~~~47~
Scott Hobson .
Senior Vice President
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te:y(;lI:tl ~J paper
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STANDARD CONTRACTUAL SERVICES AGREEMENT
THIS AGREEMENT is made at Dublin, California, as of March 2, 1999, by and betv./een the CITY OF
DUBLIN, a municipal corporation ("CITY"), and Hilton Famkopf & Hobson, ("CONTR.t\CTOR"). who agree
.S follov,s:
1. SERVICES. Subject to the terms and conditions set forth in this Agreement. CO:;\,TRACTOR
shall pro\'ide to CITY the services described in Exhibit A. CONTRACTOR shall provide said services at the
time. place and in the manner specified in Exhibit A.
.., PAYMENT, CITY shall pay CONTR.t\CTOR for services rendered pursuant to this Agreement
at the time and in the manner set forth in Exhibit B. The payments specified in Exhibit B shall be the only
payments to be made to CONTR.A.CTOR for services rendered pursuant to this Agreement. CONTRACTOR
shall submit all billings for said services to CITY in the manner specified in Exhibit B: or, ifno manner be
specified in Exhibit B, then according to the usual and customary procedures and practices which
CONTR.t\CTOR uses for billing clients similar to CITY.
3. FACILITIES AND EQUIPMENT. Except as set forth in Exhibit C, CONTRACTOR shalL at its
sole cost and expense, furnish all facilities and equipment which may be required for furnishing services
pursuant to this Agreement. CITY shall furnish to CONTR.t\CTOR only the facilities and equipment listed in
Exhibit C according to the terms and conditions set forth in Exhibit C.
4. GENER.t\L PROVISIONS. The general provisions set forth in Exhibit D are part of this
Agreement. In the event of any inconsistency between said general provisions and any other terms or
conditions of this Agreement, the other term or condition shall control insofar as it is inconsistent v.:ith the
general proVIsIOns.
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5. EXHIBITS. All exhibits referred to herein are attached hereto and are by this reference
incorporated herein.
6. CONTRACT ADMINISTRATION. This Agreement shall be administered by Richard C.
Ambrose ("ADMINISTRATOR"). All correspondence shall be directed to or through the ADMINISTRATOR
or his or her designee.
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7. NOTICES. Any written notice to CONTRACTOR shall be sent to:
Scott Hobson
2201 Walnut Avenue. Suite 280
Fremont. CA 94538-3270
Any written notice to CITY shall be sent to:
City of Dublin Ann: City Mana2er's Office
P. O. Box '340
Dublin. CA 94568
Executed as of the day first above stated:
Anest:
CITY OF DUBLIN
a municipal corporation
City Clerk
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By
"CITY"
Approved as to form:
By
City Anorney
"CONTRACTOR"
ATTACHMENT B
.t..\..tlU:Sll A
SCOPE OF SERVICES
Section 2 ADDroach
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SECTION 2 .
ApPROACH
PROJECT UNDERSTANDING
Because HF&H assisted the City in developing its current franchise Agreement with
\Vaste Management (Livermore Dublin Disposal), we are uniquely familiar with the
City's current programs and the background that lead to their development. It is our
understanding that the City has exceeded a 42% di\'ersion rate but will have to
concentrate on additional non-residential diversion if it is to meet and exceed the 50%
diversion goal.
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As the year :WOO approaches, it will be important for the City to demonstrate to the
CIWMB a good faith effort to comply with AB939 by implementing the programs
selected in their SRRE, Although new and enhanced diversion programs will be
important in improving each jurisdictions' diversion rate, inaccuracies in the base-year
data may be the primary reason that certain agencies are not closer to the 50%
diversion goal. In particular, self-haul wastes are a considerable portion of the City's
waste stream and will have to be managed in order to meet the 50% diversion goal. As
noted above, we are working with the City of Livermore to correct their base-year
generation figures and as a result of this correction, we anticipate the City's overall .
diversion to improve by over 11 %.
Based on the RFP, it is our understanding that the City desires a review of its current
progress towards meeting the AB939 diversion goals, reviewing the use of the
adjustment factors to ensure that the most favorable indices were used and to
recommend additional programs and strategies to assist the City in achieving its
diversion goal.: .
PROPOSAL ApPROACH
Based on our review of the RFP and understanding of the tasks to be performed, we
addressed each task included in the RFP and included optional tasks that the City may
wish to consider based on our experience elsewhere. We propose to perform the
following tasks based on the RFP, but anticipate meeting with the City to finalize the
scope of work.
Task 1 - Evaluate the City's Progress Toward Meeting at Least a 50% Diversion Rate
by the Year 2000.
Sl.lbtask 1.1 - Review Background Documents
Before we begin our analysis, we will review each of the following documents to better .
understand the details of the engagement:
Exhibit A
Page 1 of6 p
Hilton Farnkopf & Hobson, LLC
3/2/9')
Citv of Dublin
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'.' Source Reduction and Recycling Element;
.:' Solid \Vaste Generation Study for the City and 1995 HvfCON Study;
'.' Household Hazardous Waste Element;
'.' Annual Reports for the City submitted to CIWl"fB 1995-1997;
',' Reports from Waste 1\fanagement that quantify diversion;
. Disposal reports for the city, 1995-1998; and,
, Any other available relevant information.
We suggest performing this task prior to our kick-off meeting so we will be better
prepared for that meeting and will come prepared with relevant questions. \lYe !','ill
also be better prepared to facilitate the engagement overall and focus our efforts on
those areas most likely to improve the City's diversion rate.
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Subtask 1.2 - Implem.ent Engagement
\,\Te will conduct one kick-off meeting with City staff to initiate the engagement and to
discuss major issues affecting the engagement. At this meeting we will:
. Introduce key members of City staff and the HF&H team and initiate working
rela tionships;
.. Clearly define and assign engagement responsibility;
. Confirm our understanding of the backgronnd documents reviewed in Task 1;
, Confirm the engagement scope and schedule;
, Identify and discuss key issues which may affect the analysis; and,
. Finalize the engagement schedule.
This task will allow us to develop a detailed work plan and schedule and allow us to
prioritize our efforts. We successfully use this approach on most of our engagements.
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Sub task 1.3 - Evaluate the City's Progress
Using the information collected in Task 1.1, we will identify the City's diversion
progress for each primary waste stream (residential, commercial and industrial/self-
haul). We will summarize and compare current diversion programs to planned
programs documented in the City's SRRE, thereby identifying programs planned and
not implemented and programs not achieving their desired diversion. In order to
accomplish this, we will develop performance ratios such as pounds per household or
account per month collected. Upon quantifying the overall diversion level, we will
's1 AS939 Progress Evaluation
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Exhibit A ,-
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Page 2 of6 _
3/2/99
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Se::tion 2 Approa::h
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compare the outcome to a minimum of ten other Bay Area jurisdictions to evaluate the .
City's performance relevant to other jurisdictions. Additionally, we will meet one time
\vith the Livermore Dublin Disposal to gain a better understanding of the current
programs, anticipated difficulties in increasing diversion and plans for future
increased diversion.
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Task 2 - Review Population and Taxable Sales Data
HF&H staff will review the population and taxable sales data to ensure that the City is
using the most favorable information. Based on our review, we will provide a
comparison of the use of different data (e.g., Countywide, City or State) and
recommend and identify the most favorable adjustment factors.
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Task 3 -Identify Strategies
Because of our extensive experience in the County, the Bay Area, the State and the
Region, we have extensive knowledge of current diversion programs for jurisdictions
that have already reached 50% diversion and others that are evaluating and revising
current programs in order to improve diversion. V'Ve are currently assisting numerous
jurisdictions in developing programs and policies designed to increase commercial
and industrial diversion. This information will help us to recommend the programs
that are most likely to help increase the City's diversion goal. Examples of current
approaches we are implementing include:
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Rate/Cost Incentives for Generators;
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Performance Incentives for Haulers/Recyclers;
.:. Direct Technical Assistance;
.. Increased Public Education;'
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Increased Commingling of Materials;
Development of Permit Requirements for Recycling Plans and Strategies; and,
Targeted high value mixed loads.
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We will identify those strategies that are in harmony with the City's SRRE, current
programs and existing facilities to help the City achieve the 50% diversion target.
These strategies could range from increased public education for existing programs, to
revised Base year disposal calculations (see Optional Task 4), to new programs
targeting additional recyclable materials. Additionally, we will estimate the potential
additional diversion and overall cost for each strategy and rank the strategy based on
the relative cost per ton. Recommendations will be based on information received
during our kick-off meeting and throughout the project. Opportunities for teaming
with other jurisdictions and taking advantage of Countywide programs will also be
identified.
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Exhibit A
Page 3 of6
3/2/99
Hilton r..mkopf & Hobson, LLC f9
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VVe will present all of our findings and recommendations in a draft report to the City.
Based on comments received from the City, we will revise and finalize the draft report.
lVe have assumed one meeting for the presentation of our findings.
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City of Dublin
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Optional Task 4 - Evaluate Base Year Data
Based on our recent experience throughout the State (currently for Livermore), we
recommend that the City go beyond a review of their adjustment factors (Task 2) and
review the base year data to determine 'if it accurately reflects current and actual
conditions. The City's large amount of self haul waste, its significant growth, and its
proximity to unincorporated areas may have resulted in previously underestimated
disposal amounts. The ClvVMB gives jurisdictions several options for correcting past
data inaccuracies. The options fall into four broad categories, described below:
... Adjust base year data. This option involves an analysis of base year data and a
comparison with more current data to determine if the base year data are
accurate and reflect recurring waste generation patterns. Both disposal and
diversion can be re-examined for the base year.
... Adjust reporting year data. This option involves a review of reporting-year
data. If errors are found, they can be corrected.
. Create a new base year. If a City wishes to reject the original base year data
entirely, it can create a new waste generation study for a given year. The waste
generation study must quantify both diversion and disposal. The year of the
new waste generation study then becomes the new base year. All subsequent
diversion calculations are based upon the new base year.
.:. Submit a generation-based analysis every year. If a City pursues this option, it
must conduct a complete waste generation study each year, including a
complete waste diversion stu~y.
Based on our understanding of the City's progress, we would recommend the first
option, utilizing the following tasks:
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Optional Task 4.1 - Analyze Infonnation for Data Accuracy
HF&H will review and analyze for accuracy, data on tonnage diverted through all of
the City-sponsored diversion programs, disposal and diversion reports from haulers,
recyclers, landfills and transfer stations, as well as disposal information from the
County. We will compare 1990 results with data from subsequent years, looking for
data that may have been inaccurately reported in 1990. We may also review landfill
tonnage totals for the entire County for 1990 and compare those totals to the amounts
reported in the City's SRRE (taking into consideration out-oi-county imports).
We will review the base year numbers in the City's SRRE, the CrvVMB's revisions to
base year figures, and the CIVYMB's approved base year figures to understand how
the base year was originally calculated. We will also ask the City to provide us with
10j A8939 Progress Evaluation
Exhibit A
Page 4 of6
3/2/99
Section 2 ApDrDaci1
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information on regional diversion facilities, sludge tonnages, disaster waste, and other .
information that could be used to improve the City's diversion rate calculations. \lve
estimate the fees for this task to be approximately $4,000. Based on our review we \vill
recommend to the City whether pursuing Task 4.2 is likely to result in increases to the
City's diversion rate.
Optional Task 4.2 - Develop Redsed Base Year
The CIWMB has published a list of allowable revisions to a jurisdiction's base year
generation in the March 26, 1997 document entitled, "Agenda Item #32: Consideration of
the Measurement Accuracy Issues Working Group's Recommendations for Correcting Base
Year and/or Reporting Year Inaccuracies." We will use all of the information from the
Citv to determine which method will result in the most favorable correction of the new
base-year generation amount for 1998.
A key part of our strategy for successfully completing this work is that we will engage
the CIWMB staff while we are preparing revisions to the base year and/or reporting
year. If we are using a mechanism that we have not received apprm'al for previously,
we will prepare draft calculations and fax the draft calculations to the CIWMB staff
person responsible for reviewing the calculations. \Ve \vill incorporate suggested
changes before finalizing the calculations. We have used this approach with nearly a
dozen cities in the past, and we have found that it leads to quicker approval of the
City's Annual Report when it is mailed to the CIWMB. Some of the base year
corrections we have prepared have been approved by the Board within one or two .
months. We estimate the fees for this task to not exceed $6,000.
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Exhibit A
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3/2/99
Hl1ton Farnkopf & ,l.fobson, LLC f11
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HILTON F.~KOPF & HOBSON, LLC
Advj~~ Service~ to
Murticrpallvlanagement
2201 Wal1\ut Avenue, Suite 280
:fremont, C;:llliornill 9~3!l-2334
Telephone; (510) 713-3270
Fax: (510) 713-3294
Fremont
Newport 5€a.::h
Sacramento
FAX TRANSMITTAL
A TI'N: Sue l>a!"l1el>
AGENCY: City of Dublin
FAX NUMBER' (915) g:;;:;-6651
FROM: Scott Hanin~rr
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DATE: 'Februa~' 2.2, 19q1}
NUMBER OF PAGES (INCLUDING nus PAGE): 1
SUBJECT: proposal
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MESSAGE: T
~1 ld
. - Jihood that ~C()rrunen
it
Sou.1"ld~ like good '!"\PwS. Let mE' know ii W\U need anythint ~lsp.
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This message is intended only for the use of the individual or et\tity to which it is addressed. It may
contain information that is prh-Ueg-ed, confidential, <md exempt from disclosure under applicable law. If
the reader of this mes!::age is not the intended recipient or the employee Or agent l;esponsible fOr
delivering the message to the intended recipient you are hereby notified that any dissemination,
distribution, or copying of this communication is strictly prohibited. If you have received this
corrununication in error, please notify us immediately by telephone, and return the original message to us
at the above address via the U.S. Postal Service. Thank you.
Please call (510) 713-3270 if you har.'c any questions 0" problems in receiving our fax.
Exhibit A
Page 6 of6
3/2/99
555I/C:G!60
t>56EE UBIS
LE :E1
EXHIBIT B
P A YME1\'T SCHEDULE
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CITY shall pay CONTRA.CTOR an amount not to exceed the total swn of fifteen thousand dollars (S 15.000)
for services to be perf o TI11 ed pursuant to this Agreement. CONTR..\CTOR shall submit invoices during the term
of this Agreement based on the cost for services perfoTI11ed in accordance V,ilh the following schedule:
Monthlv. upon receipt of invoice detailing work completed
The total sum slated above shall be the total which CITY shall pay for the services to be rendered by
C01\TR.4CTOR pursuant to this Agreement. CITY shall not pay any additional sum for any expense or cost
whatsoever incurred by CONTR.4CTOR in rendering services pu:-suant to this Agreement.
CITY shall make no payment for any extra, further or additional service pursuant to this Agreement
unless such extra service and the price therefor is agreed to in writing executed by the City Manager or other
designated official of CITY authorized to obligate CITY thereto prior to the time such extra service is rendered
and in no event shall such change order exceed twenty-five (25%) of the initial contract price.
The services to be provided under this Agreement may be terminated \vithout cause at any point in time
in the sole and exclusive discretion of CITY. In this event, CITY shall compensate the CONTRACTOR for all
outstanding costs incurred as of the date of\\Titten notice thereof and shall teTI11inate this Agreement.
C01\TR.4CTOR shall maintain adequate logs and timesheets in order to verify costs incurred to date. .
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Exhibit B
Page 1 of 1
3/2/99
EXHIBIT C
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CITY FACILITIES
CITY shall furnish physical facilities such as desks, filing cabinets, and conference space. as may be
reasonably necessary for CONTR..t...CTOR'S use while consulting \",ith CITY employees and reviewing records
and the information in possession of CITY. The location, quantity, and time of furnishing said physical
facilities shall be in the sole discretion of CITY. In no event shall CITY be obligated to furnish any facility
\yhich may involve incurring any direct expense, including, but not limiting the generality of this exclusion.
long-distance telephone or other communication charges. vehicles, and reproduction facilities.
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Exhibit C
Page 1 of 1
3/2/99
EXHIBIT D
GENER4..L PROVISIONS
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1. INDEPENDENT CONTR..A.CTOR. At all times during the tem1 of this Agreement.
CONTRA..CTOR shall be an independent contractor and shall not be an employee of CITY. CITY shall have
the right to control CONTRACTOR only insofar as the results of CONTRACTOR'S services rendered pursuant
to this A~reement: however. CITY shall not have the ri!:!ht to control the means bv which CONTRACTOR
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accomplishes services rendered pursuant to this Agreement.
"') LICENSES: PERMITS: ETe. CONTRACTOR represents and warrants to CITY that he has all
licenses. pem1its, qualifications and approvals of whatsoever nature which are legally required for
CONTRA.CTOR to practice his profession. CONTRA.CTOR represents and warrants to CITY that
CONTR..~CTOR shall. at his sole cost and expense, keep in effect at all times during the term of this Agreement
any licenses. permits, and approvals which are legally required for CONTR..~CTOR to practice his profession.
3. TIME. CONTRACTOR shall devote such time to the performance of services pursuant to this
Agreement as may be reasonably necessary for satisfactory performance of CONTRACTOR'S obligations
pursuant to this Agreement.
4. TI\'SUR.4.NCE REQUIREMENTS. CONTRACTOR shall procure and maintain for the duration
of the contract insurance against claims for injuries to persons or dan1ages to property which may arise from or
in connection with the performance of the work hereunder by the CONTR.A.CTOR, his agents. representatives.
employees or subcontractors. The cost of such insurance shall be included in the CONTRACTOR'S bid. .
(a) Minimum Scope ofInsurance. Coverage shall be at least as broad as:
1. Insurance Services Office form number GL 0002 (Ed. 1/73) covering comprehensive
General Liability and Insurance Services Office form number GL 0404 covering Broad Fom1 Comprehensive
General Liability; or Insurance Services Office Commercial General Liability coverage ("occurrence" form CG
0001. )
) Insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile
Liability, code 1 "any auto" and endorsement CA 0025.
3 . Workers' Compensation Insurance as required by the Labor Code of the State of
California and Employers Liability Insurance.
(b) Minimum Limits of Insurance. CONTRACTOR shall maintain limits no less than:
1. General Liability: $1,000,000 combined single limit 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: $1,000,000 combined single limit per accident for bodily injury
and property damage.
3. Workers' Compensation and Employers Liability: Workers' Compensation limits as .
required by the Labor Code of the State of California and Employers Liability limits of$I,OOO,OOO per accident.
Exhibit D (Page 1 of 3)
3/2/99
(c) Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be
declared to and approved by the CITY. At the option of the CITY, either the insurer shall reduce or eliminate
such deductibles or self-insured retentions as respects the CITY, its officers. officials and employees; or the
.O:KTRA.CTOR shall procure a bond guaranteeing payment of losses and related investigations, claim
, dministration and defense expenses.
(d) Other Insurance Provisions. The policies are to contain, or be endorsed to contain. the following
provIsIOns:
1. General Liability and Automobile Liability Coverages.
a. 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 CONTRACTOR;
products and completed operations ofthe CONTRACTOR, premises owned, occupied or used by the
COKTRA.CTOR, or automobiles ovmed, leased, hired or borrowed by the CONTR.4CTOR. The coverage shall
contain no special limitations on the scope of the protection afforded to the CITY, its officers, officials.
employees or volunteers.
b. The CONTRACTOR'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 CONTR.4.CTOR'S insurance and
shall not contribute with it.
c. Any failure to comply with reporting provisions ofthe policies shall not affect
coverage provided to the CITY, its officers, officials. employees or volunteers.
d. The CONTRACTOR'S insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
.
\\'orkers' Compensation and Employers Liability Coverage.
The insurer shall agree to waive all rights of subrogation against the CITY, its officers,
officials. employees and volunteers for losses arising from work performed by the CONTRACTOR for the
CITY.
..,
Professional Liability.
CONTRACTOR shall carry professional liability insurance in an amount deemed by the
CITY to adequately protect the CONTRACTOR a.-gainst liability caused by negligent acts, errors or omissions
on the part of the CONTRACTOR in the course of performance of the services specified in this Agreement.
"
~.
4. All Coverages.
Each insurance policy required by this clause shall be endorsed to state that coverage
shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30)
days' prior written notice by certified mail, return receipt requested, has been given to the CITY.
(e) AcceDtabilitv of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less
than A: VII.
Cf) Verification ofCoveraQe. CONTRACTOR shall furnish CITY with certificates of insurance and
with original endorsements effecting coverage required by this clause. The certificates and endorsements for
each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The
certificates and endorsements are to be received and approved by the CITY before work commences. The CITY
reserves the right to require complete, certified copies of all required insurance policies, at any time.
~ (g) Subcontractors. CONTR.l\.CTOR shall include all subcontractors as insureds under its policies or
~all furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors
shall be subject to all of the requirements stated herein.
Exhibit D (Page 2 of 3)
3/2/99
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(h) The Risk Manager of CITY may approve a variation in those insurance requirements upon a
determination that the coverages. scope, limits and forms of such insurance are either not commercially
3\'ailable or that the CITY's interests are otheT\\'ise fully protected.
5. CONTRA.CTOR NO AGENT. Except as CITY may specify in \\Titing, CONTRACTOR shall haw no.
authority. express or implied, to act on behalf of CITY in any capacity whatsoever as an agent.
CONTRA.CTOR shall have no authority, express or implied, pursuant to this Agreement to bind CITY to any
obligation whatsoever.
6. ASSIG]\\1ENT PROHIBITED. No party to this Agreement may assign any right or obligation pursuant
TO this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this
Agreement shall be void and of no effect.
i. PERSO"\:\EL. CONTRA.CTOR shall assign only competent personnel to perform seT\'ices pursuant to
this Agreement. In the event that CITY. in its sole discretion. at any time during the term of this Agreement.
desires the remo\'al of any such persons. CONTRA..CTOR shall, immediately upon receiving notice from CITY
of such desire of CITY. cause the removal of such person or persons.
S. STANDARD OF PERFORMANCE. CONTRA.CTOR shall perform all seT\'ices required pursuant to
this Agreement in the manner and according to the standards obseT\'ed by a competent practitioner of the
profession in which CONTRACTOR is engaged in the geographical area in ,,,hich CONTRACTOR practices
his profession. All instruments of seryice of whatsoever nature which CONTRA..CTOR delivers to CITY
pursuant to this Agreement shall be prepared in a substantial, first class and workmanlike manner and conform
to the standards of quality nOffilally obseT\/ed by a person practicing in CONTRACTOR's profession.
Q HOLD HARMLESS AND RESPONSIBILITY OF CONTRACTORS. CONTRACTOR shall take all .
responsibility for the work, shall bear all losses and damages directly or indirectly resulting to him, to any
subcontractor, to the CITY, to CITY officers and employees, or to parties designated by the CITY, on account
of the performance or character of the work, unforeseen difficulties, accidents, occurrences or other causes
predicated on active or passive negligence of the CONTRACTOR or any subcontractor. CONTRACTOR shall
indemnify, defend and hold harmless the CITY, its officers. officials, directors, employees and agents from and
against any or all loss. liability, expense, claim, costs (including costs of defense), suits, and damages of every
kind, nature and description directly or indirectly arising from the performance of the work. This paragraph
shall not be construed to exempt the CITY, its employees and officers from its own fraud, willful injury or
violation of law whether willful or negligent. For purposes of Section 2782 of the Civil Code the parties hereto
recognize and agree that this agreement is not a construction contract. By execution of this agreement
CONTR.A..CTOR acknowledges and agrees that he has read and understands the provisions hereof and that this
paragraph is a material element of consideration.
Approval of the insurance contracts does not relieve the CONTRACTOR or subcontractors from
liability under this paragraph.
10. GOVER.l\\1ENTAL REGUL.A.. nONS. To the extent that this Agreement may be funded by fiscal
assistance from another governmental entity, CONTRACTOR shall comply with all applicable rules and
regulations to which CITY is bound by the terms of such fiscal assistance program.
11. DOCUME:\TTS. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda or .
other written documents or materials prepared by CONTRACTOR pursuant to this Agreement shall become the
property of CITY upon completion of the work to be performed hereunder or upon termination of the
Agreement.
Exhibit D (Page 3 of 3) 3/2/99