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HomeMy WebLinkAbout03/16/1999, C5 - REQUEST FOR PROPOSALS FOR DESIGN SERVICES FOR LAGUNA LIFT STATION AND FORCE MAIN. council M--fiwDw March 16 1999 agenda Report h=N..ba CS CITY O F S A N LUIS O B I s P 0 FROM: John Moss, Utilities Direct o Prepared By: David Hix, Wastewater Di on Manager SUBJECT: REQUEST FOR PROPOSALS FOR DESIGN SERVICES FOR LAGUNA LIFT STATION AND FORCE MAIN. CAO RECOMMENDATION By motion, approve Request for Proposal for engineering design services for Laguna lift station and force main upgrade and replacement project; authorize staff to solicit proposals; authorize CAO to award contract to the lowest responsible proposer if proposal is within staff cost estimate. DISCUSSION Background The Laguna lift station is the City's largest sewage pumping station, currently pumping approximately one third of the City's entire sewage flow. The station was installed 43 years ago to pump the sewage from the Los Osos Valley and Madonna Road areas, the Auto Parkway area, and the Suburban, Tank Farm and Prado Road Areas. Since its installation the service area for this pumping station has grown dramatically resulting in the station and the force main being severely over capacity. Laguna lift station is significantly past it designed service life and is requiring an increasingly larger amount of maintenance activities. The lift station is also a below ground "can" type station that requires a permitted confined space entry to perform any type of maintenance. Currently Laguna lift station and force main are unable to take any more capacity and has nearly overflowed from high flows due to Inflow and Infiltration (M) during severe storm events. Future developments within its service area are being conditioned upon completion of the required upgrade. Project Objectives This project has four major goals: ■ Analysis and determination of capacity for conformance to the City's General Plan. ■ Analysis and determination of best design for the lift station and force main. C5-1 Council Agenda Report-1 or Design Services for Laguna Lift Station a orce Main March 16, 1999 Page 2 ■ Preparation of plans and specifications ■ Accurate cost estimate for the construction phase of the project. The focus of this RFP is the preparation of"bid ready"plans and specifications for the lift station and force main upgrade and replacement. Specific tasks identified in the RFP include: ■ Review of all available existing records and conducting field surveys of the existing facilities to verify easements, connection points, materials, utilities and other design constraints and considerations. ■ Meetings and communications with City staff to discuss project issues, constraints and concerns. ■ Review and verification of the City's draft wastewater master plan update, general plan and other City documents to ensure adequate capacity. IS Analysis of alternative designs and locations for the lift station and force main and submittal of a written recommendation prior to submittal of preliminary plans and specifications for City review. ■ Construction cost estimates. Evaluation and Selection Process After the proposal closing date, consultants will be evaluated by a review committee using a two phase process. The first phase will select a group of finalists (usually 3 to 5 of the proposers)based upon a"desk top"review of the proposals. The second phase will be an oral interview and presentation in which proposers present their projects, clarify any outstanding questions and submit a proposed compensation cost for the work. The City reserves the right to further negotiate further workscope and/or method of compensation. Based on the results of the written proposal and oral presentation, the review committee will make will make its recommended selection to the CAO. It is anticipated that contract award will be sometime in June and plans and specifications will be completed and presented to Council sometime in early October. CONCURRENCES Public Works Department, engineering division concurs with this report. C5-2 Council Agenda Report-k .or Design Services for Laguna Lift Station aL orce Main March 16, 1999 Page 3 FISCAL IMPACT Engineering design services for this project have been estimated to cost $170,000. This estimate is from the draft Wastewater Master Plan Update currently being completed as part of the City's Airport Area specific plan. A total of$170,000 was approved from the sewer fund for the design and engineering of Laguna lift station and force main as part of the 1998-99 mid-year budget review. Subsequent funding for construction of this project will be requested in the 1999-01 financial plan. ALTERNATIVES Deny the project. Denial of this project will result in increased operations and maintenance of the lift station and possible failure resulting in spills and possible fines from State and Federal agencies. Denial will also result in no new development in the lift station's service area. ATTACHMENTS Request for Proposals C5-3 MEETINJ AGENDA DATE - 6 "49 ITEM # city of san lues om spo I,COUN CDD DIR 990 Palm Street ■ San Luis Obispo,CA 93401 GTAO 0 FIN DIR B'L O Fl�E CHIEF GEY @�yy DIR SBORIG 0 POLICE CNF 0 0 REC DIR lit 0 UTIL DIR 0 0 PERE DM Notice Requesting Proposals for ENGINEERING DESIGN SERVICES Laguna Lift Station and Force Main Upgrade and Replacement Project The City of San Luis Obispo is requesting sealed proposals for Laguna Lift Station and Force Main Design and Engineering pursuant to Specification No. 90006. All proposals must be received by the Department of Public orks by 3:00pm, April 28, 1999 when they will be opened publicly at the Public Works Conference Room at 955 Morro Street, San Luis Obispo, CA 93401. Proposals received after said time will not be considered. To guard against premature opening, each proposal shall be submitted to the Department of Public W r in a sealed envelope plainly marked with the proposal title, specification number, bid er name, and time and date of the proposal opening. Proposals shall be submitted using the forms provided in the specification package. Specification packages may be obtained by contacting Engineering (805) 781-7200 and for any. additional information on the project contact David Hix, Wastewater Division Manager at(805) 781-7039. RECEIVED MAR 1 5 1999 SLO CITY CLERK REVISION OF C54 C5-4 city of san Luis OBISPO 990 Palm Street ■ San Luis Obispo,CA 93401 Notice Requesting Proposals for ENGINEERING DESIGN SERVICES Laguna Lift Station and Force Main Upgrade and Replacement Project The City of San Luis Obispo is requesting sealed proposals for Laguna Lift Station and Force Main Design and Engineering pursuant to Specification No. 90006. All proposals must be received by the Department of Finance by 3:00pm, April 28, 1999 when they will be opened publicly at the Conference Room at 955 Monro Street, San Luis Obispo,CA 93401. Proposals received after said time will not be considered. To guard against premature opening, each proposal shall be submitted to the Department of Finance in a sealed envelope plainly marked with the proposal title, specification number,bidder name, and time and date of the proposal opening. Proposals shall be submitted using the fors provided in the specification package. Specification packages and additional information may be obtained by contacting Engineering (805) 781-7200 and for any additional information on the project contact David Hix, Wastewater Division Manager at(805)781-7039. ® The City of San Luis Obispo is committed to Including disabled persons in all of our services,programs and activities. Telecommunications Device for itre Deaf(805)781-7410. C54 Specification No. 90006 TABLE OF CONTENTS A. Description of Work 1 B. General Terms and Conditions 3 Proposal Requirements Contract Award and Execution Contract Performance C. Special Terms and Conditions g Proposal Content Proposal Evaluation and Selection Proposal Review and Award Schedule Accuracy of Specifications D. Agreement 12 E. Insurance Requirements 14 F. Proposal Submittal Fors 16 Proposal Submittal Summary References Statement of Past Contract Disqualifications C5-5 Section A DESCRIPTION OF WORK The City is requesting proposals for the engineering design services for the Laguna Lift Station and Force Main Upgrade and Replacement Project. The consultant will prepare the plans and specifications for the project and provide all other related services necessary to provide the documents for construction bidding purposes. The project involves the replacement of the existing Smith and Loveless wet pit/dry pit lift station and 2,100 feet of 10" force main. The project will replace the existing lift station just outside the Southwest comer of the Water Reclamation Facility (WRF) and replace the existing force main that runs North from the lift station to the a discharge point upstream of the WRF7s headworks. The force main may be re-routed to better allow flow efficiency, construction, maintenance, repair or other improvements. A. Scope of Work The consultant shall provide all services necessary to review and recommend lift station and force main design and prepare bid ready plans and specifications for the replacement and upgrade of the lift station and force main. The following items are the minimum services that shall provided by the consultant: 1. Conduct a document search of all available records, including utility companies, and a pre-design field review as needed to identify existing facilities and connection points. 2. Conduct field surveys to locate existing facilities and easements to allow for the design of the lift station and force main within existing easements. 3. The consultant shall attend meetings with City of San Luis Obispo staff to discuss project design issues and constraints. 4. The consultant shall review the City of San Luis Obispo's "Draft Wastewater Master Plan Update" and assess all future flow impacts due to the City's General Plan build out for the lift station and force main service areas. The consultant shall analyze and verify existing flows and calculate all future flows to ensure adequate lift station and force main capacity for build out per the City of San Luis Obispo's General Plan. 5. The consultant shall provide an analysis of lift station designs alternatives and force main design and locations alternatives and prepare a written recommendation (including potential cost impacts, construction issues, operating and maintenance benefits/drawbacks, etc.) to the City for approval prior to submittal of preliminary plans and specifications for City review. 6. The plans and specification shall include analysis and design for emergency stand-by power supply for the lift station,and pump controls and telemetry. 7. The plans and specifications shall be produced in the metric system. The consultant shall utilize existing City standards and specifications to the extent possible. City standard plan sheets shall be used for all construction plans. 8. The consultant shall submit three (3) sets each of the 50% and 90% levels of completion plan and specifications for review and comment by City staff. Both submittals shall include preliminary cost estimates. 4- 9. The consultant shall prepare final plans and specifications incorporating all comments or convections requested by the City. Final itemized engineer's cost estimate shall be prepared and submitted to the City. The City will be responsible for printing and distribution of plans and specifications. 10. The consultant shall be available to respond, through the City representative, to questions raised during the bid process. 11. The consultant shall provide review of required submittals during the construction phase. The consultant will provide recommendations to the City for approval, modification or rejection of submittals. B. Project Schedule The project schedule shall be developed to allow construction to begin in the late Winter or early Spring of 2000. The consultant shall prepare a preliminary schedule as part of the request for proposal to identify project milestones to achieve the project goal for completing construction of the lift station and force main replacement and upgrade in the late Spring or early Summer of 2000. _Z_ Section B GENERAL TERMS AND CONDITIONS PROPOSAL REQUHW24ENTS 1. Requirement to Meet All Provisions. Each individual or firm submitting a proposal(proposer) shall meet all of the terns, and conditions of the Invitation for Request for proposals (RFP) specifications package. By virtue of its proposal submittal, the bidder 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 Department of Public Works, 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 bidder, and date and time of proposal opening. No FAX submittals will be accepted. 3. Insurance Certificate. Each proposal must include a certificate of insurance showing: a. The insurance carrier and its A.M. Best rating. b. Scope of coverage and limits. C. Deductibles and self-insured retention. The purpose of this submittal is to generally assess the adequacy of the bidder's 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. Year 2000 Compliance Strategy. Each proposal must include a description of the bidder's Year 2000 compliance strategy(or statement of why this is not relevant to the purchase). 5. Proposal Quotes and Unit Price Extensions. The extensions of unit prices for the quantities indicated and the lump sum prices quoted by the bidder must be entered in figures in the spaces provided on the Proposal Submittal Form(s). Any lump sum bid shall be stated in figures. The Proposal Submittal Form(s) must be totally completed. If the unit price and the total amount stated by any bidder for any item are not in agreement, the unit price alone will be considered as representing the bidder's intention and the proposal total will be corrected to conform to the specified unit price. 6. 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 Finance for its withdrawal, in which event the proposal will be returned to the bidder 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. 7. 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 bidder submitting a proposal, or who has quoted prices on materials to such -3- bidder,is not thereby disqualified from submitting a sub-proposal or from quoting prices to other bidders submitting proposals. 8. 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 9. Proposal Retention and Award. The City reserves the right to retain all proposals 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 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 these specifications for proposal evaluation and contract award criteria. 10. Competency and Responsibility of Bidder. The City reserves full discretion to determine the competence and responsibility, professionally and/or financially, of bidders. Bidders will provide, in a timely manner, any and all information which the City deems necessary to make such a decision. 11. Contract Requirement. The proposer to whom award is made (Contractor) 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. 12. Insurance Requirements. The Contractor shall provide proof of insurance in the form, coverages, and amounts specified in Section E of these specifications within 10 (ten) calendar days after notice of contract award as a precondition to contract execution. 13. 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 14. Ability to Perform. The Contractor wan-ants 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. 15. 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. 16. Payment of Taxes. The contract prices shall include full compensation for all taxes which the Contractor is required to pay. 17. Permits and Licenses. The Contractor shall procure all permits and licenses, pay all charges and fees,and give all notices necessary. 18. Safety Provisions. The Contractor shall conform to the rules and regulations pertaining to safety established by OSHA and the California Division of Industrial Safety. -4- 19. 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. 20. 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. 21. 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. 22. 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. 23. Work Delays. Should the Contractor 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 Contractor. 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. 24. 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). 25. 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 its contract requirements. 26. 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. 27. 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 -5- 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 at all times be deemed an independent contractor and not an agent or employee of the City. 28. 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. 29. 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. 30. Year 2000 Compliance. The Contractor warrants that the goods or services provided to the City, including those provided through subcontractors, are "Year 2000 compliant." For the purpose of this contract, "Year 2000 compliant" means that goods or services provided to the City will continue to fully fimction, fault-free, before, at and after the Year 2000, without interruption or human intervention; and if applicable, any data outside of the date range 1990- 1999, including leap years, will be correctly processed in any level of computer hardware or software,including,but not limited to,microcode, firmware, application programs, files and data bases. This warranty supersedes all warranty disclaimers or limitations, and all limitations on liability,otherwise provided by the Contractor. 31. 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; which notice must give the Contractor a 10 (ten) calendar day notice of time thereafter in which to perform said work or cure the deficiency. If the Contractor 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 Contractor to said effect. Thereafter, neither party shall have any further duties, obligations, responsibilities, or rights under the contract except, however, any and all obligations of the Contractor'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 Contractor 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 Contractor as may be set forth in the Agreement payment schedule; compensation for any other work, services or goods performed or provided by the Contractor shall be based solely on the City's assessment 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 rG 11— -6- I - - full and complete accounting of costs. In no event; however; shall the.Contractor be eiititled to receive in excess of the compensation quoted in its;proposal. -7- Section C SPECIAL TERMS AND CONDITIONS 1. Proposal Content. Your proposal must include the following information: Submittal Forms a. Proposal submittal summary. b. Certificate of insurance. C. Description of your firm's Year 2000 compliance strategy (or statement why this is not relevant to the purchase). d. References from at least three funis for whom you have provided similar services. Qualifications e. Experience of your firm in performing similar services. f. Resumes of the individuals who would be assigned to this project, including any sub- consultants. g. Standard hourly billing rates for the assigned staff,including any sub-consultants. h. Statement and explanation of any instances where your firm has been removed from a project or disqualified from proposing on a project. Work Program i. Description of your approach to completing the work. j. Tentative schedule by phase and task for completing the work. to allow construction to begin in the fall or early winter of 1999. k. Estimated hours for your staff in performing each major phase of the work, including sub-consultants. 1. Services or data to be provided by the City. Proposal Length and Copies In. Five(5)copies of the proposal must be submitted. 2. Proposal Evaluation and Consultant Selection. Proposals will be evaluated by a review committee using a two-phase selection and contract award process as follows: Phase 1— Written Proposal Review/Finalist Candidate Selection A group of finalist candidates (generally the top 3 to 5 five proposers) will be selected for follow-up interviews and presentations based on the following criteria as evidenced in their written proposals: a. Understanding of the work required by the City. b. Quality,clarity and responsiveness of the proposal. C. Demonstrated competence and professional qualifications necessary for successfully performing the work required by the City. d. Recent experience in successfully performing similar services. -8- e. Proposed approach in completing the work. f. Ability to complete work in timely fashion. g. References. h. Background and experience of the specific individuals to be assigned to this project. Phase 2—Oral Presentations/Interviews and Consultant Selection Finalist candidates will make an oral presentation to the review committee and answer questions about their proposal. The purpose of this second phase is two-fold: to clarify and resolve any outstanding questions or issues about the proposal; and to evaluate the proposer's ability to clearly and concisely present information orally. As part of this second phase of the selection process, finalist candidates will submit proposed compensation costs for the work, including a proposed payment schedule tied to accomplishing key project milestones or tasks. After evaluating the proposals and discussing them further with the finalists or the tentatively selected contractor,the City reserves the right to further negotiate the proposed workscope and/or method and amount of compensation. Contract award will be based on a combination of factors that represent the best overall value for completing the workscope as determined by the City, including: the written proposal criteria described above; results of background and reference checks; results from the interviews and presentations phase;and proposed compensation. 3. Proposal Review and Award Schedule. The following is an outline of the anticipated schedule for proposal review and contract award: a. Issue RFP 3/17 b. Receive proposals 4/28 C. Complete proposal evaluation 5/12 d. Conduct finalist interviews 5/26 e; Finalize staff recommendation 6/2 f. Award contract 6/9 g. Execute contract 6/16 h. Start work 6/30 4. Ownership of Materials. All original drawings, plan documents and other materials prepared by or in possession of the Contractor 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. 5. Release of Reports and Information. Any reports, information, data, or other material given to, prepared by or assembled by the Contractor 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 Contractor without the prior written approval of the City. 6. Copies of Reports and Information. If the City requests additional copies of reports,drawings, specifications, or any other material in addition to what the Contractor is required to furnish in limited quantities as part of the work or services under these specifications, the Contractor shall provide such additional copies as are requested, and City shall compensate the Contractor for the costs of duplicating of such copies at the Contractor's direct expense. 7. Required Deliverable Products. The Contractor will be required to provide: -9- a. Three copies of plans and specifications for the lift station and force main project. Any documents or materials provided by the Contractor will be reviewed by City staff and, where necessary, the Contractor 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. One set of final plans printed on City standard plan sheets (mylar). The City will provide standard plan sheets in AutoCad Release 14 format. d. When computers have been used to produce materials submitted to the City as a part of the workscope,the Contractor 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 Word • Spreadsheets Excel • Desktop Publishing Coreldraw,Pagemaker • Computer Aided Drafting(CAD) AutoCad Release 14 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. 8. Attendance at Meetings and Hearings. As part of the workscope and included in the contract price is attendance by the Consultant at up to 2 public meetings to present and discuss its findings and recommendations. Consultant shall attend as many "working" meetings with staff as necessary in performing workscope tasks. 9. Accuracy of Specifications. The specifications for this project are believed by the City to be accurate and to contain no affirmative misrepresentation nor any concealment of fact. Bidders are cautioned to undertake an independent analysis of any test results in the specifications, as City does not guaranty the accuracy of its interpretation of test results contained in the specifications package. In preparing its proposal, the bidder and all subcontractors named in its proposal shall bear sole responsibility for proposal preparation errors resulting from any misstatements or omissions in the plans and specifications which could easily have been ascertained by examining either the project site or accurate test data in the City's possession. Although the effect of ambiguities or defects in the plans and specifications will be as determined by law, any patent ambiguity or defect shall give rise to a duty of bidder to inquire prior to proposal submittal. Failure to so inquire shall cause any such ambiguity or defect to be construed against the bidder. An ambiguity or defect shall be considered patent if it is of such a nature that the bidder, assuming reasonable skill, ability, and diligence on its part, knew or should have known of the existence of the ambiguity or defect. Furthermore, failure of the bidder or subcontractors to notify City in writing of specification or plan defects or ambiguities prior to proposal submittal shall waive any right to assert said defects or ambiguities subsequent to submittal of the proposal. To the extent that these specifications constitute performance specifications,the City shall not be liable for costs incurred by the successful bidder to achieve the project's objective or standard beyond the amounts provided therefor in the proposal. -10- In the event that, after awarding the contract, any dispute arises as a result of any actual or alleged ambiguity or defect in the plans and/or specifications, or any other matter whatsoever, Contractor shall immediately notify the City in writing, and the Contractor and all subcontractors shall continue to perform, irrespective of whether or not the ambiguity or defect is major, material, minor or trivial, and irrespective of whether or not a change order, time extension, or additional compensation has been granted by City. Failure to provide the hereinbefore described written notice within one(1)working day of contractor's becoming aware of the facts giving rise to the dispute shall constitute a waiver of the right to assert the causative role of the defect or ambiguity in the plans or specifications concerning the dispute. AC -11- 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 - hereinafter referred to as Contractor. WITNESSETH: WHEREAS,on[M,City invited bids requested proposals for consultant design services for the Laguna Lift Station and Force Main Upgrade an Replacement Project per Specification No.90006. WHEREAS,pursuant to said invitation request, Contractor submitted a proposal which was accepted by City for preparation of plans an specifications for said project. 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 plans and specifications for the Laguna Lift Station Upgrade and Replacement Project 2. INCORPORATION BY REFERENCE. City Specification No. 90006 and Contractor's proposal dated[M],are hereby incorporated in and made a part of this Agreement 3. CITY'S OBLIGATIONS. For providing design services as specified in this Agreement, City will pay and Contractor shall receive therefor compensation in a total sum not to exceed r 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 services as described in Exhibit A attached hereto and incorporated in this agreement 5. 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 Utilities Director of the City. _12_ 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 John Moss,Utilities Director City of San Luis Obispo 955 Pahn 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. ATTEST: CITY OF SAN LUIS OBISPO,A Municipal Corporation By: City Clerk City Administrative Officer APPROVED AS TO FORM: CONTRACTOR By: City Attorney -13- Section E INSURANCE REQUIREMENTS: Consultant Services The Contractor shall procure and maintain for the duration of the contract insuimce 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. 4. Errors and Omissions Liability insurance as appropriate to the consultant's profession. 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. 4. Errors and Omissions Liability: $1,000,000 per occurrence. 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 vohmteers 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 breaches of warranties shall not affect coverage provided to the City, its officers,officials,employees, agents or volunteers. -14- 5-19 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. 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 maintenance of the required insurance coverage. Original endorsements effecting general liability and automobile liability coverage required by this clause must also be provided. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences. -15- PROPOSAL SUBMITTAL FORM The undersigned declares that she or he: ■ has carefully examined Specification No. 90006,which is hereby made a part of this proposal. ■ is thoroughly familiar with its contents. ■ is authorized to represent the proposing firm. ■ agrees to perform the work as set forth in this proposal. ❑ Certificate of insurance attached; insurance company's A.M.Best rating: ❑ Description of your firm's Year 2000 compliance strategy (or statement why this is not relevant to the purchase)attached. Finn Name and Address Contact Phone :9 ature o Authorized Representative Date -1(i- REFERENCES Number of years engaged in providing the services included within the scope of the specifications under the present business name: Describe fully the last three contracts performed by your firm 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 No. l Customer Name Contact Individual Telephone&FAX number Street Address City,State,Zip Code Description of services provided including contract amount,when provided and project outcome Reference No.2 Customer Name Contact Individual Telephone&FAX number Street Address City,State,Zip Code Description of services provided including contract amount,when provided and project outcome Reference No.3 Customer Name Contact Individual Telephone&FAX number Street Address City,State,Zip Code Description of services provided including contract amount,when provided and project outcome -17- STATEMENT OF PAST CONTRACT DISQUALIFICATIONS The bidder 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 -18-