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HomeMy WebLinkAboutItem 5f. Authorize Advertisement of Request for Qualifications (RFQ) for Emergency Response, Repair, and Cleanup in the Event of a Disaster Item 5f Department: Public Works Cost Center: 5006 For Agenda of: 1/9/2023 Placement: Consent Estimated Time: N/A FROM: Matt Horn, Public Works Director Prepared By: Manny Guzman, Construction Engineering Manager SUBJECT: AUTHORIZE ADVERTISEMENT OF A REQUEST FOR QUALIFICATIONS FOR EMERGENCY, RESPONSE, REPAIR, AND CLEANUP IN THE EVENT OF A DISASTER RECOMMENDATION 1. Approve the Request for Qualifications (RFQ) for Emergency Response, Repair & Cleanup Damage During Disasters; and 2. Authorize staff to advertise for qualifications in a final form approved by the City Engineer and City Attorney; and 3. Authorize the City Manager to execute agreements with selected emergency contractors; and 4. Authorize the City Engineer to amend or extend emergency contracts in accordance with the terms of the RFQ and Agreement; and 5. Authorize the Finance Director to execute and amend Purchase Orders utilizing selected emergency contractors, in accordance with emergency procurement procedures of Municipal Code Section 3.24.060. POLICY CONTEXT Emergency Purchases Municipal Code Section 3.24.060 specifies that bidding procedures are not required under certain circumstances, specifically subsections B and F, as follows: “B. When an emergency purchase is made to address a situation that creates an immediate and serious need for equipment, supplies, or services that cannot be met through normal purchasing procedures and where the lack of such equipment, supplies or services would serio usly threaten the functioning of city government, the preservation of property, or the health or safety of any person”; and, “F. When reasonably necessary for the preservation or protection of public peace, health, safety or welfare of persons or property” Page 249 of 581 Item 5f Under Municipal Code Section 3.24.060, the Purchasing Authority (the City Manager per Municipal Code Section 3.24.030) has the authority to dispense with bidding procedures and approve emergency purchases that address an immediate need in the interest of public safety, per the above. Requests for Qualifications for Emergency On-Call Contractors Staff recommends establishment of a list of qualified on-call contractors that can be quickly mobilized during emergencies under Municipal Code Section 3.24.060. Staff will be seeking qualifications utilizing the process established by Municipal Code Section 3.24.070, under which contractors will respond to the RFQ with information identifying their experience and resource capabilities. The City will execute contracts with qualified contractors, and on an as-needed emergency basis, selected contractors will be issued purchase orders for emergency work under the authority of the Finance Director. Work completed by emergency contractors would be paid on a time and materials basis in accordance with Section 9-1.04 of the City Standard Specifications and Engineering Standards. Time and materials payments, also termed “Force Account”, ensure fair compensation for labor, materials, and equipment, and is common practice for contract work when there is insufficient time to receive bids, or the full extent of work is unknown , as is the case with emergency response. Disasters can come in many forms and those that impact public infrastructure can be the most severe. These emergency contracts are intended to provide additional resources in support of Emergency Operations to respond and repair impacts, including, but not limited to streets and roadways, storm drainage infrastructure, creeks and bridges, water distribution, storage, and treatment, wastewater treatment and collection infrastructure , earthwork, and building structural repair. Agreements will be used by the City for four years and may be extended by mutual consent for an additional year. DISCUSSION Background Historic rainfall in January and March 2023 resulted in many damaged areas of the city, especially in and around San Luis Obispo creek and its tributaries. Rainfall intensity and heavy creek flows resulted in localized flooding and damage to public and private property, which necessitated mobilization of contractors under emergency authority to remove creek debris and obstructions that put the public at continued risk. Emergency work was also necessary to initiate repair and stabilization of damaged permanent infrastructure such as roadways and bridges and protect them from progressive and costlier damage that could result from subsequent storms. During emergencies, time is of the essence. Quick response to emergencies has a higher likelihood of protection of the health, safety, and welfare of the public. During the storms of 2023, it became evident that the City would benefit from developing on-call construction contracts to facilitate storm response and reduce the timeframe for procurement of emergency purchase orders, allowing for faster recovery. Page 250 of 581 Item 5f After researching Local, State, and Federal regulations related to emergency response, staff generated the attached Request for Qualifications (RFQ) (Attachment A). This RFQ for emergency response is intended to facilitate work that makes an affected area safe, stable, and removes the risk of a repeat emergency. In instances where an emergency is covered by a federal declaration, work to be done through the on-call contracts obtained through this RFQ process will comply with applicable FEMA regulations. The intent of the on-call contracts is that they could be used for any local, state, and/or federal emergency. The contract terms are written such that the contractor must comply with the most stringent requirements, which would apply under federally declared emergencies. In the event of a local-only emergency, only local municipal codes and standards would apply, and the contractor would not be held to federal requirements. That is, the on-call emergency contract is scalable to the applicable level of emergency declaration. Public Engagement The Public Engagement and Noticing Manual will be followed when work is carried out during and emergency response. CONCURRENCE The Public Works, Utilities, and Finance Departments concurs with the recommendation of this report. ENVIRONMENTAL REVIEW Future emergency work covered under this contract is exempt from environmental review pursuant to Section 15301 Class 1 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines since it involves repair and replacement project of existing facilities. Additionally, future emergency work completed under this contract would be exempt from requirements of CEQA under Section 1529 – Emergency Projects. FISCAL IMPACT Budgeted: N/A Budget Year: N/A Funding Identified: N/A Fiscal Analysis: Funding Sources Total Budget Available Current Funding Request Remaining Balance Annual Ongoing Cost General Fund $ $ $ $ State Federal Fees Other: Total $N/A $N/A $N/A $N/A Page 251 of 581 Item 5f The RFQ will not be triggering actual purchases at this time, rather the agreements resulting from the RFQ will establish a list of qualified contractors that are available and willing to help the City with as-needed emergency work. There is no specific work known at this time and no specific budget allocation for emergency service contracts. In the event work effort is required, the City will implement its emergency purchasing processes to release funds from the City’s reserves or other appropriated funding sources, as approved by the Purchasing Authority. ALTERNATIVES Acquire services as needed at the time of the disaster. The City has procedures identified for procurement in the event of an emergency. These could be used when needed; however, obtaining a list of qualified contractors in advance of an emergency allows the City to respond faster and minimize damage to public and private property. ATTACHMENTS A - Request for Qualifications for Emergency Response, Repair, and Cleanup Page 252 of 581 Notice Requesting Qualifications for Emergency Response, Repair & Cleanup Specification No. 50410-2024 ER The City of San Luis Obispo is requesting sealed Qualifications for supplying labor and equipment at the City’s request, as needed to provide emergency response including clearing storm debris and making repairs to infrastructure at various locations as directed by the City Engineer. All Qualifications must be received by the Public Works Department by 2 P.M., February 1st, 2024, when they will be opened publicly at 919 Palm Street, San Luis Obispo, CA 93401. Qualifications received after said time will not be considered. To guard against premature opening, each proposal shall be submitted to the Public Works Department at 919 Palm Street, San Luis Obispo, CA 93401 in a sealed envelope plainly marked with the proposal title, specification number, proposer name, and time and date of the proposal opening. Qualifications shall be submitted using the forms provided in the specification package. Specification packages and additional information may be obtained by contacting Brian Nelson at (805) 781-7113. If any accommodations are needed to participate in the proposal process, please contact Lia Chang at (805) 781-7200. Requests should be made as soon as possible to allow time for accommodation. For additional information, contact Telecommunications Device for the Deaf at (805) 781 7107. Page 253 of 581 Emergency Response, Repair & Cleanup Specification No. 507410 – 2024ER Page 1 of 23 Specification No. 50410 - 2024 ER TABLE OF CONTENTS DESCRIPTION OF WORK ............................................................................................................2 GENERAL TERMS AND CONDITIONS .....................................................................................3 SPECIAL TERMS AND CONDITIONS ......................................................................................10 FORM OF AGREEMENT ............................................................................................................13 INSURANCE REQUIREMENTS .................................................................................................15 1. PROPOSAL SUBMITTAL FORM ..........................................................................................17 2. REFERENCES .........................................................................................................................18 3. STATEMENT OF PAST CONTRACT DISQUALIFICATIONS ............................................19 4. QUESTIONNAIRE ...................................................................................................................20 5. EQUIPMENT ............................................................................................................................21 6. LABOR & BONDS ...................................................................................................................22 Page 254 of 581 Emergency Response, Repair & Cleanup Specification No. 507410 – 2024ER Page 2 of 23 Section A DESCRIPTION OF WORK Disasters can come in many forms and those that impact public infrastructure can be the most severe. These emergency contracts are intended to provide additional resources in support of Emergency Operations to respond and repair impacts, including, but not limited to: to streets and roadways, storm drainage infrastructure, creeks and bridges, water distribution, storage, and treatment, wastewater treatment and collection infrastructure, earthwork, and building structural repair. The City desires to enter into agreements with available contractors, on and on-call basis, to respond to and aid the City crews and staff as needed at Caltrans Force Account and its allowable markup rates. The qualifications submittals will be evaluated, ranked, and rated based on available equipment and labor, response time and the qualification questionnaire. Contractors should be prepared to: 1. Work in wet rainy conditions during the day or night. 2. Provide fueled equipment with skilled operators to remove and transport dirt, mud, rocks, trees, vegetation and other debris that could be generated under unknown conditions; or, provide tree trimming and removal services. 3. Provide laborers, teamsters and other trades as requested. 4. Provide appropriate traffic control for work. 5. Transport materials, paid for by the City, as requested by the City. Qualifications shall include a list of available equipment and labor force available to operate or support the equipment listed. The proposal shall list the response time needed for the contractor show up on site ready to work after receiving a call from the City. Equipment may be requested to be delivered to a site in anticipation of problems or expected damage. A standby rate will be paid for the equipment sitting idle and not being used. Equipment could include but is not limited to: Transport trucks and trailers, backhoes, excavators, dump trucks, large capacity pumps, service trucks and water trucks. Labor listing could include but is not limited to: operators, teamsters and laborers. Page 255 of 581 Emergency Response, Repair & Cleanup Specification No. 507410 – 2024ER Page 3 of 23 Section B GENERAL TERMS AND CONDITIONS PROPOSAL REQUIREMENTS 1. Requirement to Meet All Provisions. Each individual or firm submitting a proposal shall meet all of the terms, and conditions of the Invitation for Request for Qualifications (RFP) specifications package. By virtue of its proposal submittal, the proposer acknowledges agreement with and acceptance of all provisions of the RFP specifications. The City does not guarantee any work with the acceptance of the proposal or the issuance of a contract. The Contractors proposal will be used to provide a predetermined rate of payment for services provided to the City if requested. 2. Proposal Submittal. Each proposal must be submitted on the form(s) provided in the specifications and accompanied by any other required submittals or supplemental materials. Proposal documents shall be enclosed in an envelope which shall be sealed and addressed to the Public Works Department, City of San Luis Obispo, 919 Palm Street, San Luis Obispo, CA, 93401. In order to guard against premature opening, the proposal should be clearly labeled with the proposal title, specification number, name of proposer, and date and time of proposal opening. No FAX submittals will be accepted. Proposal sheets can be copied if additional pages are needed. 3. Insurance Certificate. Each proposal must include a certificate of insurance showing:  The insurance carrier and its A.M. Best rating.  Scope of coverage and limits.  Deductibles and self-insured retention. The purpose of this submittal is to generally assess the adequacy of the proposer insurance coverage during proposal evaluation; as discussed under paragraph 12 below, endorsements are not required until contract award. The City’s insurance requirements are detailed in Section E. 4. Proposal Withdrawal and Opening. A proposer may withdraw its proposal, without prejudice prior to the time specified for the proposal opening, by submitting a written request to the City Engineer for its withdrawal, in which event the proposal will be returned to the proposer unopened. No proposal received after the time specified or at any place other than that stated in the "Notice Requesting Qualifications" will be considered. 5. Submittal of One Proposal Only. No individual or business entity of any kind shall be allowed to make or file, or to be interested in more than one proposal, except an alternative proposal when specifically requested. 6. Communications. All timely requests for information submitted in writing will receive a written response from the City. Telephone communications with City staff are not encouraged, but will be permitted. However, any such oral communication shall not be binding on the City. CONTRACT AWARD AND EXECUTION Page 256 of 581 Emergency Response, Repair & Cleanup Specification No. 507410 – 2024ER Page 4 of 23 7. Proposal Retention and Award. The City reserves the right to retain all Qualifications for a period of 60 days for examination and comparison. The City also reserves the right to waive non-substantial irregularities in any proposal, to reject any or all Qualifications, to reject or delete one part of a proposal and accept the other, except to the extent that Qualifications are qualified by specific limitations. See the "special terms and conditions" in Section C of these specifications for proposal evaluation and contract award criteria. 8. Competency and Responsibility of Proposer. The City reserves full discretion to determine the competence and responsibility, professionally and/or financially, of proposer. Proposer will provide, in a timely manner, any and all information which the City deems necessary to make such a decision. 9. Contract Requirement. The proposers to whom an award is made (Contractor) shall execute a written contract with the City within five (5) calendar days after notice of the award has been sent by mail to it at the address given in its proposal. The contract shall be made in the form adopted by the City and incorporated in these specifications. 10. Insurance Requirements. The Contractor shall provide proof of insurance in the form, coverages, and amounts specified in Section E of these specifications within 5 (five) calendar days after notice of contract award as a precondition to contract execution. 11. Business Tax. The Contractor must have a valid City of San Luis Obispo business tax certificate prior to execution of the contract. Additional information regarding the City's business tax program may be obtained by calling (805)781-7134. CONTRACT PERFORMANCE 12. Ability to Perform. The Contractor warrants that it possesses, or has arranged through subcontracts, all capital and other equipment, labor, materials, and licenses necessary to carry out and complete the work anticipated hereunder: a) Within the budget(s) established by the City for this work. b) In compliance with any and all federal, state, county, city, and special district laws, ordinances, and regulations. 13. Laws to be Observed. The Contractor shall keep itself fully informed of and shall observe and comply with all applicable state and federal laws and county and City of San Luis Obispo ordinances, regulations and adopted codes during its performance of the work. 14. Payment of Taxes. The contract prices shall include full compensation for all taxes which the Contractor is required to pay. 15. Permits and Licenses. The Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary. 16. Safety Provisions. The Contractor shall conform to the rules and regulations pertaining to safety established by OSHA and the California Division of Industrial Safety. Page 257 of 581 Emergency Response, Repair & Cleanup Specification No. 507410 – 2024ER Page 5 of 23 17. Public and Employee Safety. Whenever the Contractor's operations create a condition hazardous to the public or City employees, it shall, at its expense and without cost to the City, furnish, erect and maintain such fences, temporary railings, barricades, lights, signs and other devices and take such other protective measures as are necessary to prevent accidents or damage or injury to the public and employees. 18. Preservation of City Property. The Contractor shall provide and install suitable safeguards, approved by the City, to protect City property from injury or damage. If City property is injured or damaged as a result of the Contractor's operations, it shall be replaced or restored at the Contractor's expense. The facilities shall be replaced or restored to a condition as good as when the Contractor began work. 19. Immigration Act of 1986. The Contractor warrants on behalf of itself and all subcontractors engaged for the performance of this work that only persons authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder. 20. Contractor Non-Discrimination. In the performance of this work, the Contractor agrees that it will not engage in, nor permit such subcontractors as it may employ, to engage in discrimination in employment of persons because of age, race, color, sex, national origin or ancestry, sexual orientation, or religion of such persons. 21. Payment of Prevailing Wages. Payment of prevailing wages is required for the classification of work being performed during this contract. Certified Payroll forms shall be submitted with each billing. You and any subcontractors must be registered with the Department of Industrial Relations pursuant to Section 1725.5. 22. Payment Terms. The City's payment terms are 30 days from the receipt of an original invoice and acceptance by the City of the materials, supplies, equipment, or services provided by the Contractor (Net 30). 23. Inspection. The Contractor shall furnish City with every reasonable opportunity for City to ascertain that the services of the Contractor are being performed in accordance with the requirements and intentions of this contract. All work done and all materials furnished, if any, shall be subject to the City's inspection and approval. The inspection of such work shall not relieve Contractor of any of its obligations to fulfill the work as requested. 24. Audit. The City shall have the option of inspecting and/or auditing all records and other written materials used by Contractor in preparing its invoices to City as a condition precedent to any payment to Contractor. 25. Interests of Contractor. The Contractor covenants that it presently has no interest and shall not acquire any interest direct or indirect or otherwise, which would conflict in any manner or degree with the performance of the work hereunder. The Contractor further covenants that, in the performance of this work, no subcontractor or person having such an interest shall be employed. The Contractor certifies that no one who has or will have any financial interest in performing this work is an officer or employee of the City. It is hereby expressly agreed that, in the performance of the work hereunder, the Contractor shall always be deemed an independent contractor and not an agent or employee of the City. Page 258 of 581 Emergency Response, Repair & Cleanup Specification No. 507410 – 2024ER Page 6 of 23 26. Hold Harmless and Indemnification. The Contractor agrees to defend, indemnify, protect and hold the City and its agents, officers and employees harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to the Contractor's employees, agents or officers which arise from or are connected with or are caused or claimed to be caused by the acts or omissions of the Contractor, and its agents, officers or employees, in performing the work or services herein, and all expenses of investigating and defending against same; provided, however, that the Contractor's duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the City, its agents, officers or employees. 27. Contract Assignment. The Contractor shall not assign, transfer, convey or otherwise dispose of the contract, or its right, title or interest, or its power to execute such a contract to any individual or business entity of any kind without the previous written consent of the City. 28. Termination. If, during the term of the contract, the City determines that the Contractor is not faithfully abiding by any term or condition contained herein, the City may notify the Contractor in writing of such defect or failure to perform and terminate the contract. If the contractor or any of the employees work in an unsafe manor, appear to be incompetent or act in a disorderly or improper manner the contract will be terminated. If the contractor does not respond within one hour of the response time listed in their proposal the contract may be terminated. The City also reserves the right to terminate the contract for convenience, providing a 30 (thirty) calendar day notice, at any time upon a determination by the Director that termination of the contract is in the best interest of the City. In this case the Contractor will be paid compensation due and payable to the date of termination. 29. Federal Requirements (Applicable under Federally declared emergencies). 30.1 Compliance with Executive Order 11,246 (44 C.F.R. § 13.36(i)(3)) During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. Page 259 of 581 Emergency Response, Repair & Cleanup Specification No. 507410 – 2024ER Page 7 of 23 (4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The contractor will include the portion of the sentence immedi ately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions , including sanctions for noncompliance: Provided, however, That in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States.” 30.2 Compliance with Copeland Anti-Kickback Act (44 C.F.R. § 13.36(i)(4)) “Compliance with the Copeland “Anti-Kickback” Act (1) Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. (2) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. (3) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12.” 30.3 Notice of Awarding Agency Requirements and Regulations Pertaining to Reporting (44 C.F.R. § 13.36(i)(7)) Page 260 of 581 Emergency Response, Repair & Cleanup Specification No. 507410 – 2024ER Page 8 of 23 (1) General. The City of San Luis Obispo (City) may use Public Assistance grant funding awarded by FEMA to the City of San Luis Obispo to pay, in whole or in part, for the costs incurred under this contract. As a condition of Public Assistance funding under a major disaster or emergency declaration, FEMA requires the City to provide various financial and performance reporting. a. It is important that the contractor is aware of these reporting requirements, as the City may require the contractor to provide certain information, documentation, and other reporting in order to satisfy reporting requirements to the City which, in turn, will enable the City to satisfy reporting requirements to FEMA. b. Failure of the City to satisfy reporting requirements to FEMA is a material breach of the FEMA-State Agreement, and could result in loss of Federal financial assistance awarded to fund this contract. (2) Applicable Regulations and Policy. The applicable regulations, FEMA policy, and other sources setting forth these reporting requirements are as follows: a. 44 C.F.R. § 13.40 (Monitoring and Reporting Program Performance) b. 44 C.F.R. § 13.41 (Financial Reporting) c. 44 C.F.R § 13.50(b) (Reports) d. 44 C.F.R. § 206.204(f) (Progress Reports) e. FEMA Standard Operating Procedure No. 9570.14, Public Assistance Program Management and Grant Closeout Standard Operating Procedure (Dec. 2013) f. FEMA-State (or Tribal) Agreement (3) Financial Reporting. The City is required to submit to the following financial reports to FEMA: a. Initial Report. An initial Federal Financial Report (SF 425) no later than 30 days after FEMA has approved the first Public Assistance project under FEMA declared disaster. b. Quarterly Reports. Following submission of the initial report, quarterly Federal Financial Reports until submission of the final report described in the following subparagraph. Reports are due on January 30, April 30, July 30, and October 30. c. Final Report. A final Federal Financial Report within 90 days of the end of the period of performance for the Public Assistance grant. (4) Performance Reporting. The City is required to submit to the following financial reports to FEMA: a. Initial Report. An initial performance report no later than 30 days after FEMA has approved the first Public Assistance project under FEMA declared disaster. b. Quarterly Reports. Following submission of the initial report, quarterly performance reports until submission of the final report described in the following subparagraph. Reports are due on January 30, April 30, July 30, and October 30. c. Final Report. A final performance report within 90 days of the end of the period of performance for the Public Assistance grant.” 30.4 Access to Records (44 C.F.R. § 13.36(i)(10)) “Access to Records. The following access to records requirements apply to this contract: Page 261 of 581 Emergency Response, Repair & Cleanup Specification No. 507410 – 2024ER Page 9 of 23 (1) The contractor agrees to provide the City of San Luis Obispo, the State of California, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract.” 30.5 Retention of Records (44 C.F.R. § 13.36(i)(11)) “Retention of Records. The contractor agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than three years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case contractor agrees to maintain same until the City of San Luis Obispo, the State of California, the FEMA Administrator, the Comptroller General of the United States, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related to the litigation or settlement of claims.” 30.6 Energy Efficiency (44 C.F.R. § 13.36(i)(13)) “Energy Conservation. The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.” 30.7 Suspension and Debarment “Suspension and Debarment (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. §180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by the City of San Luis Obispo. If it is later determined that the contractor did not comply with 2 C.F.R. pt.180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the State of California and the City of San Luis Obispo, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.” Page 262 of 581 Emergency Response, Repair & Cleanup Specification No. 507410 – 2024ER Page 10 of 23 Section C SPECIAL TERMS AND CONDITIONS QUALIFICATIONS CONDITIONS 1. Contract Award. Subject to the reservations set forth in Paragraph 9 of Section B (General Terms and Conditions) of these specifications, the City will rank the contractors based on available equipment and labor, response time and the qualification questionnaire. The top ranked contractor will be the first to be called. Other contractors called to work will be called based on their proposal ranking. 2. Failure to Accept Contract. The following will occur if the contractor(s) to whom the award is made fails to enter into the contract: the award will be annulled; any bid security will be forfeited in accordance with the special terms and conditions if a bidder's bond or security is required. OPEN CONTRACT PERIOD 3. Contract Term. The supplies or services identified in this specification will be used by the City for four calendars year beginning on date of executed contract. 4. Contract Extension. The term of the contract may be extended by mutual consent for an additional calendar year for original contract end date. 5. Contractor Invoices. The Contractor shall deliver a monthly invoice supported by daily labor and equipment invoices. The daily invoices shall show the date of work, an itemized list of manpower and equipment, location the work was performed and must be signed by the City inspector and the contractor’s representative. Contractor shall submit Certified Payroll forms with billing invoices. 6. Non-Exclusive Contract. The City reserves the right to contract with more than one or multiple contractors that have submitted Qualifications under this request during the contract term. 7. Start and Completion of Work. The Contractor shall be prepared to respond to the City’s request for manpower and equipment within 24 hours of the contract award. Completion of work shall be determined by the length and terms of this contract. REFERENCES 8. Submittal of References. Each proposer shall submit a statement of qualifications and references on the form provided in the RFP package. 9. Statement of Contract Disqualifications. Each proposer shall submit a statement regarding any past governmental agency bidding or contract disqualifications on the form provided in the RFP package. PERFORMANCE BONDS 10. Faithful Performance Bond Requirement. Each proposer to whom the contract is awarded (Contractor) shall execute the contract and furnish a surety bond in the amount of 100% of the estimated value of the work, guaranteeing the faithful performance of the contract, including any attorney’s fees or other collection costs, at the time the first Purchase Order is issued for work. Page 263 of 581 Emergency Response, Repair & Cleanup Specification No. 507410 – 2024ER Page 11 of 23 11. Material Suppliers and Labor Bond Requirement. The Contractor shall furnish a surety bond in the amount of 100% of the estimated value of the work, to secure the payment of claims for materials and labor provided by others to perform the work, at the time the first Purchase Order is issued for work. REQUEST FOR PROPOSAL 12. Proposal Content. Your proposal must include the following information: Submittal Forms 1. Proposal submittal summary with Certificate of insurance. Endorsements are not required until contract award. 2. References from at least three firms for whom you have provided similar services. One of the three reference projects must have been completed under contract with a city, county, state or federal government agency as the prime contractor. 3. Statement of Past Contract Disqualifications 4. Questionnaire 5. Available equipment and response time. 6. Available labor. 7. Personnel list, licenses and certifications. Qualifications Review 1. Experience of your firm in performing similar type work, such as tree trimming and removal or debris, rock, dirt and related materials, repair of public infrastructure. 2. Statement and explanation of any instances where your firm has been removed from a project or disqualified from proposing on a project. 13. Proposal Evaluation and Contractor Selection Qualifications will be evaluated by a review committee based on the value of four components including available equipment, available labor, response time and the qualification questionnaire. Response time will be evaluated on the City’s need for a rapid response in the time of an emergency with the quickest response time receiving the highest ranking under the response time component. The qualification questionnaire will be evaluated on the ability to perform and work with the City under an emergency contract. 14. Written Proposal Review/Contractor Selection A group of the best Qualifications with the highest overall ranking for the four components will be selected for assigning and issuing on-call contracts. Contract award will be based on the combination of the four components that represent the best overall value for providing equipment, labor, response time and the ability to perform for the work scope as described by the City. 15. Proposal Review and Award Schedule. The following is an outline of the anticipated schedule for proposal review and contract award: a. Issue RFP 1/13/23 b. Receive Qualifications 2/1/24 Page 264 of 581 Emergency Response, Repair & Cleanup Specification No. 507410 – 2024ER Page 12 of 23 c. Evaluate Qualifications 2/15/24 d. Notify proposers of award recommendation 2/22/24 e. Award contract 3/14/24 f. Insurance w/ endorsements due from contract awardees 3/26/24 g. Execute contract 4/2/24 h. On call, ready to work 4/8/24 Page 265 of 581 Emergency Response, Repair & Cleanup Specification No. 507410 – 2024ER Page 13 of 23 Section D FORM OF AGREEMENT AGREEMENT THIS AGREEMENT is made and entered into in the City of San Luis Obispo on this _____________day of ____________________________________, by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and [CONTRACTOR’S NAME IN CAPITAL LETTERS], hereinafter referred to as Contractor. W I T N E S S E T H: WHEREAS, on [date], City invited requested Qualifications for emergency response and repair per Specification No. 50410 – 2024 ER WHEREAS, pursuant to said RFP for Emergency Storm Response, Repair & Cleanup Damage During Disasters, Specification No. 50410-2024 ER, Contractor submitted a proposal which was accepted by City for said equipment, labor and services. NOW THEREFORE, in consideration of their mutual promises, obligations, and covenants hereinafter contained, the parties hereto agree as follows: 1. TERM. The term of this Agreement shall be from the date of this Agreement is made and entered, as first written above, until acceptance or completion of said services. 2. INCORPORATION BY REFERENCE. City Specification No. 50410 – 2024ER, City Engineering Standards and Standard Specifications, and Contractor's proposal dated [date], are hereby incorporated in and made a part of this Agreement. 3. CITY'S OBLIGATIONS. For providing equipment, labor and services as specified in this Agreement, City will pay and Contractor shall receive therefor compensation with payments based upon the actual work ordered and received by City at Force Account prices by Contractor. 4. CONTRACTOR'S OBLIGATIONS. For and in consideration of the payments and agreements hereinbefore mentioned to be made and performed by City, Contractor agrees with City to provide equipment, labor and services as requested by the City to clean up storm debris and repair infrastructure as requested under the terms and conditions of the contract. Page 266 of 581 Emergency Response, Repair & Cleanup Specification No. 507410 – 2024ER Page 14 of 23 5. AMENDMENTS. Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the Council of the City. 6. COMPLETE AGREEMENT. This written Agreement, including all writings specifically incorporated herein by reference, shall constitute the complete agreement between the parties hereto. No oral agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral agreement, understanding, or representation be binding upon the parties hereto. 7. NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail addressed as follows: City Brian Nelson City of San Luis Obispo 919 Palm Street San Luis Obispo, CA 93401 Contractor [ ] [ ] [ ] [ ] 8. AUTHORITY TO EXECUTE AGREEMENT. Both City and Contractor do covenant that each individual executing this agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such party. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written. CITY OF SAN LUIS OBISPO: CONSULTANT: ___________________________________ Name of Company By: ___________________________________ Derek Johnson, City Manager Name of CAO/President Its: CAO/President APPROVED AS TO FORM: ___________________________________ Christine Dietrick, City Attorney Page 267 of 581 Emergency Response, Repair & Cleanup Specification No. 507410 – 2024ER Page 15 of 23 INSURANCE REQUIREMENTS The Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees or subcontractors. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). 2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). 3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. Minimum Limits of Insurance. Contractor shall maintain limits no less than: 1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability 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 per accident for bodily injury and property damage. 3. Employer's Liability: $1,000,000 per accident for bodily injury or disease. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1. The City, its officers, officials, employees, agents 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 of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, official, employees, agents or volunteers. 2. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3. Any failure to comply with reporting or other provisions of the policies including breache s of warranties shall not affect coverage provided to the City, its officers, officials, employees, agents or volunteers. 4. 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. 5. 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. Page 268 of 581 Emergency Response, Repair & Cleanup Specification No. 507410 – 2024ER Page 16 of 23 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Verification of Coverage. Contractor shall furnish the City with a certificate of insurance showing required coverage. Original endorsements effecting general liability and automobile liability coverage are also required by this clause. The endorsements are to be signed by a person autho rized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences. Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. Page 269 of 581 Emergency Response, Repair & Cleanup Specification No. 507410 – 2024ER Page 17 of 23 1. PROPOSAL SUBMITTAL FORM The undersigned declares that she or he has carefully examined Specification No. 50410 - 2024 ER, which is hereby made a part of this proposal; is thoroughly familiar with its contents; is authorized to represent the proposing firm; and agrees to perform the specified work for the following cost quoted in full:  Certificate of insurance attached; insurance company’s A.M. Best rating: __________________. Firm Name and Address Contact Phone Signature of Authorized Representative Date Page 270 of 581 Emergency Response, Repair & Cleanup Specification No. 507410 – 2024ER Page 18 of 23 2. REFERENCES Describe fully the last three contracts performed by your firm, ON THIS FORM, which demonstrate your ability to provide the services included with the scope of the specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Reference Number 1 Customer Name, Contact Individual, telephone & email Project Name & Location Did this project include emergency response work? Yes □ No □ Describe the services provided and how this project is similar: Was this contract for a public agency? Yes □ No □ Date project completed: Reference Number 2 Customer Name, Contact Individual, telephone & email Project Name & Location Did this project include emergency response? Yes □ No □ Describe the services provided and how this project is similar: Was this contract for a public agency? Yes □ No □ Date project completed: Reference Number 3 Customer Name, Contact Individual, telephone & email Project Name & Location Did this project include emergency response? Yes □ No □ Describe the services provided and how this project is similar: Was this contract for a public agency? Yes □ No □ Date project completed: Page 271 of 581 Emergency Response, Repair & Cleanup Specification No. 507410 – 2024ER Page 19 of 23 3. STATEMENT OF PAST CONTRACT DISQUALIFICATIONS The contractor shall state whether it or any of its officers or employees who have a proprietary interest in it, has ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of the violation of law, a safety regulation, or for any other reason, including but not limited to financial difficulties, project delays, or disputes regarding work or product quality, and if so to explain the circumstances.  Do you have any disqualification as described in the above paragraph to declare? Yes  No   If Yes, explain the circumstances. Executed on at _______________________________________ under penalty of perjury of the laws of the State of California, that the foregoing is true and correct. ______________________________________ Signature of Authorized Bidder Representative Page 272 of 581 Emergency Response, Repair & Cleanup Specification No. 507410 – 2024ER Page 20 of 23 4. QUESTIONNAIRE The following questions shall be answered to assist the City in making an evaluation of the company and the ability to respond and perform work as required. When answers to the questions require more spaces than provided here, please attach additional pages. 1. Please list the location of your service or storage yard where your equipment is stored. Is your labor force dispatched from the same location? Yes / No 2. Does your company own all the equipment listed in your proposal? Yes / No What equipment or trucks are rented? 3. Are your foreman and workers equipped with two-way radios, or cell phones? 4. Has your company ever had an emergency response contract in the past? Yes / No 5. Why do you feel that your company is qualified to perform work during a storm or flooding situation? 6. Does your company have adequate work force to work safely 24 hours a day if needed? 7. Is there any other information that your company wishes to provide? 8. Identify the types of work your company is qualified to perform (check all that apply): Tree Trimming & Removal General Debris Removal & Cleanup Rock Slope Protection Pipeline Repair & Installation Other – List: Page 273 of 581 Emergency Response, Repair & Cleanup Specification No. 507410 – 2024ER Page 21 of 23 5. EQUIPMENT Company Name: Response Time: Primary Contact: Phone: List two 24 hr emergency contact phone numbers: 1. 2. Note: Equipment rates shall include all fuel, maintenance, repairs, profit and overhead. No additional compensation will be allowed. The standby rate will be for equipment siting on the job not running with no labor force on site. Available Equipment Ref. Caltrans Equip Code Hourly Rate Overtime Hourly Rate Standby Hourly Rate Page 274 of 581 Emergency Response, Repair & Cleanup Specification No. 507410 – 2024ER Page 22 of 23 6. LABOR & BONDS Company Name: Response Time: Primary Contact: Phone: List two 24 hr emergency contact phone numbers: 1. 2. Note: Labor rates shall include the cost of labor, overhead, supervision, markup and profit and no additional compensation will be allowed. Labor Classification Group No. or Class No. Amount Hourly Rate OT/Saturday Hourly Rate Sunday / Holiday Hourly Rate Bond Costs Cost for Bond Labor & Material Bond ($100,000): Performance Bond ($100,000): Page 275 of 581 Page 276 of 581