HomeMy WebLinkAbout08/18/1998, C9 - DISTRIBUTION OF REQUEST FOR PROPOSALS (RFP) FOR ENVIRONMENTAL SITE ASSESSMENT SERVICES FOR PHASE II OF THE RAILROAD RECREATIONAL TRAIL. council %1.imD= August 18, 1998
j ac cn ba Report am mhe.
CITY O F SAN LUIS O B I S P O
FROM:. . Michael McCluskey, Director of Public Work
Prepared By: Terry Sanville, Principal Transportation Planner
Al Cablay,Public Works Manager
SUBJECT: Distribution of Request for Proposals (RFP) for Environmental Site
Assessment Services for Phase II of the Railroad Recreational Trail.
CAO RECOMMENDATION Approve the distribution of RFPs and authorize the CAO to
execute a services agreement with a qualified consultant to
complete this work for an amount not to exceed$20,000.
DISCUSSION
The first phase of the Railroad Recreational Trail, which extends from Orcutt Road to Bushnell Street,
has just been completed. Staff is proceeding with the purchase of surplus railroad property and the
construction of the second phase of the trail that will extend from Bushnell Street to the Jennifer-Osos
Street Bridge. As a prerequisite to purchasing additional land from the Union Pacific Railroad (about
1.5 acres), an environmental site assessment for hazardous materials (sampling and laboratory testing)
should be undertaken. The attached RFP identifies the basic tasks involved in preparing this requisite
assessment.
To date, a land survey of the desired site is nearing completion. After the environmental site
evaluation is prepared and evaluated, the staff will return to the Council and ask for authorization to
proceed with making an offer for the property and negotiating its sale.
FISCAL IMPACT
The second phase of the Railroad Recreational Trail is included in the 1995-97 Capital Improvement
Program (Appendix B, page 95), scheduled for completion during FY 1998-99. Transportation Impact
Fees (TIF) are shown as the source of funding with a total project cost at $300,000. However, since
the preparation of the 1995-97 CIP, the City has been able to secure additional State funding to survey,
conduct environmental assessments, acquire property, and construct the second phase of the Railroad
Recreational Trail. Up to $400,000 of these new State funds is available for these purposes. (Note: the
City and SLOCOG have executed a Cooperative Agreement that appropriates the State funds for this
project and the railroad multi-modal transportation center.)
Based on similar studies done in the past, staff estimates that this study should cost less than or equal
to $20,000.
ATTACHMENTS: DRAFT RFP: Phase II Environmental Site Assessment for the Second Phase of
the Railroad Recreational Trail.
I:xEveryamlCo cilAMdaRep"\PhascERailmed Reauticm[T eiIESA
[- 7-1
i city of san tins OBISpo
August 1998
Notice Requesting Proposals for
Phase II Environmental Site Assessment of the
Second Phase of the Railroad Recreational Trail
Specification No. 9614A
The City of San Luis Obispo is requesting sealed proposals for a Phase H Environmental
Assessment of the proposed site for the second phase of the Railroad Recreational Trail.
Specification No. 405-9614-520-550. All proposals must be received by the Department of Public
Works,955 Morro Street,San Luis Obispo,CA 93401 by 3:00 p.m.on September 4, 1998.
Proposals received after said time will not be considered. To guard against premature opening,
each proposal shall be submitted to the Department of Public Works in a sealed envelope plainly
marked with the proposal title, specification number, proposer's name, and time and date of the
proposal opening. Proposals shall be submitted using the forms provided in the specification
package.
Request for Proposal (RFP) packages and additional information may be obtained by contacting
San Luis Obispo Public Works Department, Engineering at (805) 781-7200. If you have
additional questions,please call Terry Sanville,Principal Transportation Planner at(805)781-7178.
Respectfully,
Terry Sanville
Principal Transportation Planner
Telephone(805)781-7178
FAX (805)781-7198
G:\irmapmlT=sp"wnpmje \n=DRadmecBikcPahNtFPEnvim=aTWAss mm
Specification No. 405-9614A-520-550
TABLE OF CONTENTS
Description of Work
Background 3
Project Description 4
Project Components 4
General Terms and Conditions
Proposal Requirements 5
Contract Award and Execution 5
Contract Performance 6
Special Terms and Conditions
Project Management 9
Consultants Endorsements 9
Information Provided by City 9
Consultants Insurance Information for Proposal 9
Proposal Content 9
Proposal Evaluation and Selection 10
Proposal Review and Award Schedule 11
Ownership of Materials 11
Release of Reports and Information 11
Copies of Reports and Information 11
Consultant Invoices 11
Required Deliverable Products 11
Attendance at Meetings 11
Questions 11
Draft Agreement 12
Exhibits
A: Insurance Requirements 14
B: Statement of Proposer's Past Contract Disqualifications 16
C: Site Map 17
2
C-9 3
A. DESCRIPTION OF WORK
BACKGROUND
The City of San Luis Obispo wants to purchase a narrow 1.5-acre piece of property owned by the
Union Pacific Railroad Company and construct a Class I bicycle-pedestrianpath. The project site
borders the east side of the railroad and extends from Florence Avenue to Jennifer Street(the site of
the existing bicycle-pedestrianbridge). An aerial photograph of the site is attached.
The project site is located in an area that has a history of industrial railroad uses—although the most
intensive uses occurred along the west side of the railroad,across the tracks from this project's site.
Adjacent properties to the east are fully developed with dwellings that overlook the site and are
separated by a slope bank.. To the west,the AMTRAK layover facility and the lines of the Union
Pacific Railroad adjoin the site.
A variety of environmental site assessments have been done in the vicinity(refer to enclosed area
map):
1. In 1994,Earth Systems Consultants prepared a Phase I Environmental Site Assessment(Project
No. NGA-09213001)for the Jennifer Street bridge project; the site area of this study includes
the bicycle path's site. The conclusion of this study is that there is a "...significant risk to
encounter contaminated soil during the construction of the proposed pedestrian-bicycle
bridge. " (Note: contaminated soils were not found as part of the bridge's construction at the
Jennifer Street location.)
2. Phase I and I1 studies were completed for a similarly-situated site along the east side of railroad
extending from Bushnell Street to Orcutt Road(SECOR Internationallnc.,1994 and 1996, Job
No. A0103-001-01& 02).
3. Site assessments and a remedial action plan was prepared for a private parcel that adjoins the
east side of the railroad between Florence Avenue and Bishop Street. This assessment included
some evaluation of conditions along the railroad right-of-way in the area (re Industrial
Compliance(IC),Project No. 05217, 1992).
4. Phase II site assessment was completed for a site adjoining the west side of the railroad(Multi-
Modal Transit Center)between High and Morro Streets and directly across the tracks from this
project site(reference Kleinfelder,Inc,Project No. 58-6607-01).
A copy of each of these reports has been reserved and is available at the Public Works Department
offices at 955 Morro Street in San Luis Obispo for prospective consultants to review. Given the
size of these documents,we cannot reproduce and distribute them as part of this RFP.
Since it has been determined that there is a potential for soil contamination,the City is looking for a
qualified consultant to perform a Phase II site assessment on the property before the City enters into
any property acquisition negotiations with Union Pacific Transportation Company.
3
C-9-�
PROJECT DESCRIPTION
Prepare a Phase II Environmental Site Assessment on the proposed property for the second phase of
the Railroad Recreational Trail. The Phase II Site Assessment must give the City a representative
sampling of the site that can be used for property negotiations.
PROJECT COMPONENTS
1. LOCATION AND EXTENT OF SAMPLING: The Consultant shall identify the number of,
and most appropriate locations for sampling within the study area. Given the characteristics of
this site, the City anticipates that three sample locations will be sufficient. However,
Consultant is responsible for using its professional judgment to identify the number of samples
needed and the most appropriate locations.
2. TESTING OF SOIL SAMPLES: The Consultant shall test all samples for petroleum based
products. The Consultant shall work with the City to determine which samples need to be
tested for solvents,asbestos,heavy metals,herbicides and/or pesticides.
3. ADDITIONAL WORK: As part of its response to this RFP,the Consultant shall identify a cost
per sample to test samples for each of the following:
a. solvents
b. asbestos
c. heavy metals
d. herbicides
e. pesticides
Testing for the above listed contaminates shall be considered additional work Consultant's
proposal need not include cost estimates for any this additional work
4. RIGHT-OF-ENTRY APPLICATION: The Consultant will assist City staff in assembling
information needed to complete the Right-of-Entry Application required by Union Pacific
Railroad Company (copy of standard application attached). The City will be responsible for
obtaining the right-of-entry agreement from the railroad.
5. UNDERGROUND SERVICE ALERT: The Consultant shall contact Underground Service
Alert(USA)telephone:(800)642-2444 at least two days prior to any soil samples being taken.
6. DRAFT PHASE II SITE ASSESSMENT: The Consultant shall submit two (2) copies of a
Draft Phase II Site Assessment to the City for review.
7. FINAL PHASE II SITE ASSESSMENT: Upon receipt and response to any comments on the
draft report made by the City, the Consultant shall submit four (4) copies of the final Phase II
Site Assessment Report and one original unbound copy to the City.
4
C-
�!S
B. GENERAUTERMS AND CONDITIONS
PROPOSAL REQUIREMENTS
1. Requirement to Meet All Provisions. .Each individual or firm submitting a proposal
(proposer) shall meet all of the terms, and conditions of the Request for Proposals (RFP)
specifications package. By virtue of its proposal submittal, the proposer acknowledges
agreement with and acceptance of all provisions of the RFP specifications.
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, 955 Morro 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.
3. 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 Director of Public Works 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 Proposals" will be considered.
All proposals will be opened and declared publicly. Proposers or their representatives are
invited to be present at the opening of the proposals.
4. 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;however, an individual or business entity which has
submitted a sub-proposal to a proposer submitting a proposal,or who has quoted prices on
materials to such proposer, is not thereby disqualified from submitting a sub-proposal or
from quoting prices to other proposers submitting proposals.
5. 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
6. Proposal Retention and Award. The City reserves the right to retain all proposals for a
period of 90 days for examination and comparison. The City also reserves the right to
waive non-substantial irregularities in any proposal,to reject any or all proposals,to reject
or delete one part of a proposal and accept the other,except to the extent that proposals are
qualified by specific limitations. See the "special terms and conditions"in Section C of the
specifications for proposal evaluation and contract award criteria
7. Competency and Responsibility of Proposer. The City reserves full discretion to determine
the competence and responsibility, professionally and/or financially, of proposers.
Proposers will provide,in a timely manner, any and all information which the City deems
necessary to make such a decision.
5
C- C/4
8. Contract Requirement. The proposer to whom award is made (Consultant)shall execute a
written contract-with the City within ten (10) 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.
9. Insurance Requirements. The Consultant shall provide proof of insurance in the form,
coverages, and amounts specified in Exhibit A of these specifications within 10 (ten)
calendar days after notice of contract award as a precondition to contract execution. The
Consultant shall also be responsible for obtaining any additional Railroad Protective
Insurance as may be required to comply with provisions of the requisite right-of-entry
issued by the Union Pacific Railroad Company.
10. Business Tag. The Consultant 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
11. Ability to Perform. The Consultant warrants that it possesses, or has arranged through
subcontracts, all capital and other equipment, labor, materials, and licenses necessary to
cant' out and complete the work hereunder in compliance with any and all federal, state,
county,city,and special district laws,ordinances,and regulations.
12. Laws to be Observed. The Consultant 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.
13. Payment of Taxes. The contract prices shall include full compensation for all taxes which the
Consultant is required to pay.
14. Permits and Licenses. The Consultant shall procure all permits and licenses,pay all charges
and fees,and give all notices necessary.
15. Safety Provisions. The Consultant shall conform to the rules and regulations pertaining to
safety established by OSHA and the California Division of Industrial Safety.
16. Public and Employee Safety. Whenever the Consultant'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.
17. Preservation of City Property. The Consultant 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 Consultant's operations,it shall be replaced or restored
at the Consultant's expense. The facilities shall be replaced or restored to a condition as
good as when the Consultant began work.
18. Immigration Act of 1986. The Consultant warrants on behalf of itself and all subconsultants
engaged for the performance of this work that only persons authorized to work in the United
6
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.
19. Consultant Non-Discrimination. In the performance of this work,the Consultant agrees that
it will not engage in, nor permit such subconsultants 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.
20. Work Delays. Should the Consultant be obstructed or delayed in the work required to be done
hereunder by changes in the work or by any default, act, or omission of the City, or by
strikes, fire, earthquake, or any other Act of God, or by the inability to obtain materials,
equipment, or labor. due to federal government restrictions arising out of defense or war
programs,then the time of completion may, at the City's sole option,be extended for such
periods as may be agreed upon by the City and the Consultant. In the event that there is
insufficient time to grant such extensions prior to the completion date of the contract, the
City may,at the time of acceptance of the work,waive liquidated damages which may have
accrued for failure to complete on time,due to any of the above,after hearing evidence as to
the reasons for such delay,and making a finding as to the causes of same.
21. 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 Consultant(Net 30).
22. Inspection. The Consultant shall furnish City with every reasonable opportunity for City to
ascertain that the services of the Consultant 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 Consultant of any of its obligations to fulfill its contract requirements.
23. Audit. The City shall have the option of inspecting and/or auditing all records and other
written materials used by Consultant in preparing its invoices to City as a condition
precedent to any payment to Consultant.
24. Interests of Consultant. The Consultant 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 Consultant further covenants
that, in the performance of this work, no subconsultant or person having such an interest
shall be employed. The Consultant 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 Consultant shall at all times be
deemed an independent consultant and not an agent or employee of the City.
25. Hold Harmless and Indemnification. The Consultant 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 Consultant'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
Consultant,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
Consultant'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.
26. Contract Assignment. The Consultant 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.
27. Termination. If, during the term of the contract,the City determines that the Consultant is
not faithfully abiding by any term or condition contained herein, the City may notify the
Consultant in writing of such defect or failure to perform; which notice must give the
Consultant a 10 (ten)calendar day notice of time thereafter in which to perform said work
or cure the deficiency. If the Consultant has not performed the work or cured the deficiency
within the ten days specified in the notice,such shall constitute a breach of the contract and
the City may terminate the contract immediately by written notice to the Consultant to said
effect. Thereafter,neither party shall have any father duties, obligations,responsibilities,
or rights under the contract except, however, any and all obligations of the Consultant's
surety shall remain in full force and effect,and shall not be extinguished,reduced,or in any
manner waived by the termination thereof. In said event,the Consultant shall be entitled to
the reasonable value of its services performed from the beginning date in which the breach
occurs up to the day it received the City's Notice of Termination, minus any offset from
such payment representing the City's damages from such breach.
"Reasonable value"includes fees or charges for goods or services as of the last milestone or
task satisfactorily delivered or completed by the Consultant as may be set forth in the
Agreement payment schedule; compensation for any other work, services or goods
performed or provided by the Consultant shall be based solely on.the..Cjt�y,'sassessment of
the value of the work-in-progress in completing the overall workscope:The City reserves
the right to delay any such payment until completion or confirmed abandonment of the
project, as may be determined in the City's sole discretion, so as to permit a full and
complete accounting of costs. In no event, however, shall the Consultant be entitled to
receive in excess of the compensation quoted in its proposal.
8
c-g-9
C. SPECIAL TERMS AND CONDITIONS
1. Project Management The proposal must identify a project manager who will oversee all
work to be done throughout the duration of this project. The project manager appointed at
the beginning of the project should remain with the project throughout until its completion.
Project manager must have an established record for completing projects on time within
budget. The Project Manager will be the liaison between Consultant and City staff and with
staffs of other agencies.
2. Consultant Endorsements. The responsible consultant/engineer shall sign all reports and
engineering data furnished by the consultant/engineer and where appropriate, indicate
consultantlengineer's registration number.
3. Information Provided by City. The Consultant will be able to review all of the reports cited
in Section A of this RFP. The City will provide any maps in its possession which are
applicable to this project. The City does not guarantee the accuracy of the reports or maps;
therefore, it is the responsibility of the Consultant for field checking and verifying the
information prior to its use.
4. Consultant Insurance Information for Proposal. Refer to Exhibit A for insurance
requirements for Consultants. Consultant shall provide documentation of insurance
presently carried by Consultant. Consultant shall provide a cost estimate to increase limits
should the Consultant's present insurance coverage fall short of the required per Exhibit A.
Consultant shall demonstrate insurance coverage needed to comply with requirements of
the Union Pacific Railroad(see paragraph 9 under Contract Award and Execution above).
5. Proposal Content. Your proposal must include the following information:
Qualifications
a. Experience in performing similar work
b. Name and resume of the project manager who would be assigned to this project
C. References from a least three firms for whom you have provided similar services
Note:Please submit qualifications of sub-consultants if being used.
Plan of Work
d. A straightforward and concise statement of how the contract work would be
performed. Provide a breakdown of the tasks to be performed with a detailed
description of each task. Include estimated staff hours for each task.
e. Any deviations from the description of work included in the City's RFP.
f. Tentative schedule for completing the work. Include estimated time for City review
and response. (Note: on site work cannot begin until the City has been granted a
right-of-entry by Union Pacific Railroad.)
g. Services or data assumed by you to be provided by the City or others(i.e. not in this
agreement).
h. Any other information that would assist us in making this contract award decision.
Proposed Compensation
9
i. Cost to perform work
j. Cost per sample for additional testing of solvents, asbestos, heavy metals, herbicides,
and pesticides
I. Hourly billing rates for extra work
Note: Proposed compensation shall be assumed to include all materials, travel,phoneIFAX,
blueprinting,photocopying, and other incidental costs. Proposed compensation shall be
based on consultant's current level of insurance coverage.
Insurance
1. Provide documentation of current insurance coverage
m. Provide an estimate of cost to increase insurance coverage to comply with Exhibit A
Submittal Forms and Certifications
. n. Statement of Proposer's Past Contract Disqualifications(Exhibit B)
Proposal Length and Copies
Proposals shall be kept to a minimum necessary to address the requirements of the RFP.
FOUR copies of the proposal must be submitted.
6. Proposal Evaluation and Selection. Proposals will be evaluated by City staff based on the
following criteria:
a. Understanding of the work required by the City
b. Quality and responsiveness of the proposal
C. Demonstrated competence and professional qualifications necessary for satisfactory
performance of the work required by the City
d. Recent experience in successfully performing similar services
e. Proposed approach in completing the work
f. References
g. . Background and related experience of the specific individuals to be assigned to this
project
h. Proposed compensation
As reflected above,contract award will not be based solely on price,but on a combination
of factors as determined to be in the best interest of the City. After evaluating the proposals
and discussing them further with the finalists or the tentatively selected consultant,the City
reserves the right to further negotiate the proposed work and/or method and amount of
compensation.
7. Proposal Review and Award Schedule. The following is an outline of the anticipated
schedule for proposal review and contract award:
Issue RFP 8/24/98
Receive proposals 9/8/98
Finalize staff recommendation 9/11/98
Award contract 9/14/98
Execute contract 10/2/98
Start work 10/2/98 depends on receipt of Right of Entry from UP.
10
8. Ownership of Materials. All original drawings,plan documents and other materials prepared
by or in possession of the Consultant as part of the work or services under these
specifications shall become the permanent property of the City,and shall be delivered to the
City upon demand.
9. Release of Reports and Information. Any reports,information,data,or other material given
to, prepared by or assembled by the Consultant as part of the work or services under these
specifications shall be the property of City and shall not be made available to any individual
or organization by the Consultant without the prior written approval of the City.
10. Copies of Reports and Information. If the City requests additional copies of reports,
drawings,specifications,or any other material in addition to what the Consultant is required
to furnish in limited quantities as part of the work or services under these specifications,the
Consultant shall provide such additional copies as are requested,and City shall compensate
the Consultant for the costs of duplicating of such copies at the Consultant's direct expense.
11. Consultant Invoices. The Consultant shall submit a monthly invoice to the City for work
completed,itemized by task.
12. Required Deliverable Products. The Consultant will be required to provide:
a. Four copies of the Phase H Site Assessment: Second Phase of the Railroad
Recreational Trail which addresses all elements of the workscope. Any documents
or materials provided by the Consultant will be reviewed by City staff and, where
necessary,the Consultant will be required to respond to staff comments and make
such changes as deemed appropriate.
b. One camera-ready original, unbound, each page printed on only one side, including
any original graphics in place and scaled to size,ready for reproduction.
C. When computers have been used to produce materials submitted to the City as a part
of the workscope,the Consultant must provide the corresponding computer files to
the City, compatible with the following programs whenever possible unless
otherwise directed by the project manager:
Word Processing Microsoft Word
Spreadsheets Microsoft Excel
Desktop Publishing Coreldraw,Pagemaker
Computer Aided Drafting(CAD) AutoCad
Computer files must be on 3'/2", high-density,write-protected diskettes,formatted for use
on IBM-compatible systems. Each diskette must be clearly labeled and have a
printed copy of the directory.
13. Attendance at Meetings. Consultant shall attend as many "working" meetings with staff as
necessary in performing the project goals.
14. Questions. Questions or information concerning this project may be directed to Terry
Sanville,City of San Luis Obispo,Public Works Department,955 Morro Street,CA 93401,
(805)781-7178.
11
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 hereinafter referred to as Consultant
WITNESSETH:
WFIEREAS,on August 24, 1998 City requested proposals for Phase II Site Assessment:Second Phase
of the Railroad Recreational Trail per SpecificationNo.405-9614A-520-550;and
WHEREAS,pursuant to said request,Consultant submitted a proposal which was accepted by City for
said services.
NOW THEREFORE,in consideration of their mutual promises,obligations,and covenants hereinafter
contained,the parties hereto agree as follows:
I. 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. 9614A and Consultant's
proposal dated are hereby incorporated in and made a part of this Agreement.
3. CITY'S OBLIGATIONS. For providing services as specified in this Agreement,City will pay
and Consultant shall receive therefor compensation in a total sum not to exceed
4. CONSULTANT'S OBLIGATIONS. For and in consideration of the payments and agreements
hereinbefore mentioned to be made and performed by City,Consultant agrees with City to provide a Phase
II Site Assessment:Second Phase of the Railroad Recreational Trail attached hereto and incorporated into
this Agreement
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 City of San Luis Obispo Director of
Public Works.
12 C—`
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 Directorof Public Works
City of San Luis Obispo
955 Morro Street
San Luis Obispo,CA 93401
Consultant
8. AUTHORITY TO EXECUTE AGREEMENT. Both City and Consultant 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,
A Municipal Corporation
By:
City AdministrativeOfficer
APPROVED AS TO FORM: Consultant
By:
CityAttomey
13
Exhibit A
INSURANCE REQUIREMENTS:Environmental Consultants
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. General Liability, Errors and Omissions and
Pollution and/or Asbestos Pollution Liability coverages should be.maintained for a minimum of five (5) years after
contract completion.
Minimum Scope of Insurance. Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage(occurrence form CG 0001 or Claims Made
Form CG 0002).
2. Insurance Services Office form number CA 0001 (Ed. 1/87)covering Automobile Liability,code 1 (any auto),or
code 8,9 if no owned autos.
3. Workers'Compensation insurance as required by the State of California and Employer's Liability Insurance.
4. Pollution and/or Asbestos Pollution Liability and/or Errors&Omissions.
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 Insurance or other form with a general aggregate limit is used,either the general
aggregate limit shall apply separately to this project/locationor 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 each accident,$1,000,000 policy limit bodily injury by disease,$1,000,000
each employee bodily injury by disease.
4. Pollution and/or Asbestos Pollution Liability and/or Errors and Omissions: $1,000,000 each
occurrence/$2,000,000policy aggregate.
Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and
approved by the Entity.
Other Insurance Provisions. The following insurance provisions shall also apply:
1. The general liability,automobile liability,pollution and/or asbestos pollution and/or errors& omissions policies
are to contain,or be endorsed to contain,the following provisions:
a.The City,its officers,officials,employees,agents and volunteers are to be covered as additional insureds as
respects: liability arising out of activities performed by or on behalf of the Contractor;products and
completed operations of the Contractor; pollution and/or asbestos pollution and/or errors or
omissions,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 Entity,its officers,officials,
employees,agents or volunteers.
Note: Automobile,Pollution,Asbestos Pollution and/or Errors and Omissions insurance carriers may not
name the City as Additional Insured. If the City cannot be named as Additional Insured,a letter from
the insurance company confirming their position required
b. 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
c.Any failure to comply with reporting or other provisions of the policies including breaches of warranties
shall not affect coverage provided to the City,its officers,officials,employees,agents 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.
e.Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled
by either party except after thirty(30)days'prior written notice has been given to the City.
2. The automobile liability policy shall be endorsed to delete the pollution and/or the asbestos exclusion and add the
Motor Carrier Act endorsement(MCS-90).
14
3. If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverages are
written on a Claims Made Form:
a.The"Retro Date"must be shown,and must be before the date of the contract or the beginning of contract
work.
b. Insurance must be maintained and evidence of insurance must be provided for at least five(5)years
after completion of the contractor work.
c.If the coverage is cancelled or non-renewed,and not replaced with another claims made policy form with a
"Retro Date"prior to the contract effective date,the Contractor.must purchase"extended reporting"
coverage for a minimum of five years after completion of the contract or work.
d. A copy of the claims reporting requirementsmust be submitted to the City for review.
4. The workers compensation policy shall be endorsed with a waiver of subrogation in favor of the City.
Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than
A:VII. .Since Pollution and/or Asbestos Pollution coverages may not be available from an "Admitted" insurer,the
coverage may be written by a Non-Admitted insurance company. A Non-admitted company should have an A.M.
Best's rating of A:X or higher. Pollution and/or Asbestos coverages may also be written by a Captive Insurance
Company or Risk Retention Group or Captive Insurance Company,the City will check with its Insurance Advisor for
further informationbefore approval.
Verification of Coverage. Contractor shall furnish the City with certified copies of endorsements effecting coverage
required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on
its behalf. The endorsements are to be on forms provided by the City,unless the insurance company will not use the
City's form. All endorsements are to be received and approved by the City before work commences. As an alternative
to the City's forms,the Contractor's insurer may provide complete,certified copies of all required insurance policies,
including endorsements effecting the coverage required by these specifications.
.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.
15
Exhibit B
STATEMENT OF PROPOSER'S PAST CONTRACT DISQUALIFICATIONS
The proposer 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
.,ject because o£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.
1. Do you have any disqualificationas described in the above paragraph to declare?
Yes No
2. If Yes,explain the circumstances.
Executed on at
I declare,under penalty of perjury of the laws of the State of California,that the foregoing is true and correct
Signature of Authorized Proposer Representative
16 C-`1-/7
AL
•%.- JF - 1 f,f F t V J r \
RISTY +r
r � F t 1 J y •��' f •1 \\
t \y F
� /y •t J� r J
J F I Study#4
1 ,
I w�r
1 I T LU
.Study#1
1
F 1 STUDY
f rStudy#3
- - T -r - - - - -Fdp
HIG _ ARE
1
ttti f I AU 5
' /SYLVIA
f
ROUNDHOUSE-
4-
M _j
ti
_j
- - - SOUTH- - - -,' � `, w LU
I I 1
- SAN GARLOS_ln
1 yti
Study#2 n
1 t
t Q
0 0 tti W w
- - - Z - - FUNSTON.\ J
1 1 •t rt 1
I 1 % t ,
1 5 r r ti 1
AREA MAP
Study#= Previous Environmental Assessments referenced on page 3 of this RFP N
Study Area= Area where this Phase II Analysis should be conducted.
MEETING AGENDA
DATE 9-4 ITEM #jmemoRAn6um
August 11, 1998 COUNCIL ❑CDD DIR
OtAO ❑FIN DIR
TO: Council Colleagues 0 ❑FIRE CHIEF
ORNEY 0KDIR
M-CCERK/0RI0 ❑POLICE CHF
FROM: Dave Romero ❑ ❑REC DIR
O LML DIR
�
SUBJECT: LIAISON REPORT O O PERE DIR
a) At the SLOCOG meeting of August 5", the Board received a progress report regarding
two community workshops, sponsored by Jack O'Connell, to improve safety on Route 166.
Safety action plans will increase traffic enforcement and selective improvements such as were
successful on Highway 46. These might include improved stripping, opposing lane separation,
turnouts, left tum pockets and call boxes.
b) The Board received a report on the San Luis Obispo Multi-Modal Center. There was
general concurrence from the Board favoring Alternate B (attached). You will note this project
has now evolved to a parking lot (119 spaces), a layover facility for six SLORTA buses, and the
redevelopment of the old warehouse into a railroad museum.
The Board agreed that it is no longer appropriate to call this a multi-modal center (Bud Laurent
suggested it be called quasi-moto). COG staff will be working with city staff to arrive at a more
appropriate name for the facility. There was also general agreement on the part of the Board that
the transit transfer improvements proposed along City Hall are only an interim step and that the
city should continue working to acquire and develop an off street full service transfer facility in
the downtown area.
c) The Board received a report that funding is available for relocation of the Caltrans
Maintenance Station in 1998-99. You will recall this is tentatively scheduled to be constructed
along Vachell Lane just outside the city, but in an area being considered as an annexation
alternative.
Caltrans also received approval to construct an auxiliary traffic lane to serve southbound vehicles
from the Marsh Street on-ramp to the Madonna off-ramp. This is scheduled for construction by
the year 2001.
d) The Board received and approved a final report entitled, "Welfare Reform Mobility
Study." San Luis Obispo will be encouraged to expand bus service to better serve a
concentration of employment along Granada near Higuera Street and in the area between Orcutt,
Broad and Tank Farm Road. This could be done by increasing hours and days of bus operation,
increased frequency and possible realignment of some of the routes. COG staff will be working
with city staff to implement those recommendations found to be practical.
DR:ss
Attachment
s I ' aY Ss
/by
IIIr Cd
I I Q
_ I
_ a, 'D
z
i
• y 1 I
c I —
f I
x I V I C1
' N
oFil�• I �.' I C I
�•- I -- INI I-
IIII.
-� - ,III + �, j• �,
v C
o
0
I �