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HomeMy WebLinkAbout06/01/1993, C-18 - BID AWARD AND CONTRACT EXECUTION FOR PHASE I AND PHASE II ENVIRONMENTAL SITE ASSESSMENT FOR THE SOU �IIN�IrIII��IIIIIUIp������Ii City Of SanLUIS OBISPO Meeting Daae: June 1, 1993 A COUNCIL AGENDA REPORT FROM: Bob Neumann, Fire Chief SUBJECT: Bid Award and Contract Execution for Phase I and Phase II Environmental Site Assessment for the Southern California Gas Company Property CAO RECOMMENDATION: By motion, approve the award to, and authorize the Mayor to execute a contract with Science and Engineering Analysis Corporation (SEACOR) in the amount of $11,480 to provide a Phase I and Phase H Environmental Site Assessment for the Southern California Gas Company property located at 2160 Santa Barbara Street. DISCUSSION: The City's Capital Improvement Program calls for the replacement of the existing Fire Station One during FY 1993-95. Under consideration for this project is the purchase of a 2.4 acre commercial site from the Southern California Gas Company, located at 2160 Santa Barbara Street. However, because of questionable past uses on this site such as gas manufacturing, the City will require that an extensive environmental site investigation be performed prior to moving forward with acquisition. At the City Council meeting of April 20, 1993, staff received approval to distribute a Request For Proposal (RFP) for Phase I and Phase II Environmental Site Assessment for this property. The RFPs were distributed and a site walk-through was conducted for perspective bidders on May 6, 1993. Proposals from the following seven firms: Ken Maloney/Geology, Tom Joseph/Sequoia Env. Consulting Services, PRA Group, SEACOR, Earth Systems Environmental, Fugro McClelland (West), and GEO Research were received and opened on May 12, 1993. A staff committee consisting of Fire Chief Bob Neumann, Fire Battalion Chief Erwin Willis and Fire Protection Specialist Spencer Meyer reviewed each proposal and SEACOR of San Luis Obispo was chosen as the most qualified firm by all three raters. Factors contributing to this include: knowledge of the property and the surrounding area, quality and quantity of site work proposed, references from other agencies and an office located in San Luis Obispo. FISCAL IMPACT: The City has entered into negotiations with the Gas Company for the purpose of this property. Part of the agreement calls for a Phase I and II environmental assessment of the site. The cost of this assessment is to be born equally by the Gas Company and the City. This cost will be part of the purchase price of the property. If the City does not purchase the property due to site contamination, the Gas Company will pay the entire assessment cost. Any additional cost would be covered by the City. ATTACHMENTS: Contract Agreement All RFP submittals are available in the Council Library. Note: Exhibit "A" of the agreement, SEACOR's proposal and scope of work, is available for review in the Office i CONSULTANT SERVICE CONTRACT This contract, made this 24 day of May, 1993 by and between the City of San Luis Obispo, California (hereinafter referred to as "City") ,. and SEACOR (Science and Engineering Analysis Corporation) , (hereinafter referred to as Consultant") . WITNESSETH: WHEREAS, City desires to engage consultant to provide services by reason of its qualifications and experience for performing such services; WHEREAS, Consultant has offered to provide the required services on the terms and in the manner set forth herein; NOW, THEREFORE, in consideration of their mutual covenants, the parties hereto agree as follows: 1. PROJECT COORDINATION a. City. The Fire Chief shall be the representative of the City for all purposes under this agreement. The Director, or his designated representative, hereby is designated as the .Project Manager for the City and shall supervise the progress and execution of the pro7ect under this agreement. b. Consultant. Consultant shall assign a single Project Manager to liaison with the City's representative. Should circumstances or conditions subsequent to the execution of this agreement require a substitute Project Manager for any reason, the Project Manager replacement shall be subject to the prior written acceptance and approval of the Attorney. Consultant's Project Team is further described in Exhibit "A" , attached hereto and incorporated herein by this reference. The individuals identified and the positions held as described in Exhibit "A" shall not be changed except by prior written approval of City. Such approval shall not be unreasonably withheld by the City. 2. DUTIES OF CONSULTANT a. Services to be furnished. Consultant shall provide all specified services as set forth in Exhibit "A" attached hereto and incorporated herein by this reference. 1 b. Laws .to be observed. Consultant shall to the extent of its abilities: (1) Procure all permits and licenses, pay charges and fees, and give all notices which may be necessary and incidental to the due and lawful prosecution of the services to be performed by Consultant under this agreement; (2) Keep itself informed of all existing and proposed federal, state and local laws, ordinances, regulations, orders, and decrees which may affect those engaged or employed under this agreement, any materials used in Consultant's performance under this agreement, or the conduct of the services under this agreement; (3) At all times observe and comply with, and cause all of its employees to observe and comply with all of said laws, ordinances, regulations, orders, and decrees mentioned above. (4) Immediately report to the City's Project Manager in writing any discrepancy or inconsistency it discovers in said laws, ordinances, regulations, orders, and decrees mentioned above in relation to any plans, drawings, specifications or provisions of this agreement. C. Release of reports and information. Any reports, information, data or other material given to, or prepared or assembled by, Consultant under this agreement shall be the property of City and shall not be made available to any individual or organization by Consultant without the prior written approval of the City's Project Manager. The Consultant shall be allowed, for promotional purposes, to make known the nature of the assignment in a general statement during the project and may reproduce design information after it has become public information or upon completion of this project. d. Copies of reports and information. If 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 services under this agreement, Consultant shall provide such additional copies as are requested, and City shall compensate Consultant for the costs of duplicating of such copies at Consultant's direct expense. 2 i e. Qualifaatiori. of Consultant. Consultant represents that it is qualified to furnish the services described under this agreement. 3. DUTIES OF CITY The City shall provide the monuments for the project. 4. COMPENSATION a. The Consultant will Perform the work as described in Exhibit "A" . b. Consultant will bill City at the end of project. City will pay this bill within 45 days of receipt. S. TIME FOR COMPLETION OF THE WORK a. Project shall be completed June 30, 1993 from date of execution of this agreement by City. b. Time extensions may be allowed for delays caused by City, or factors not directly brought about by the negligence or lack of due care on the part of the consultant. 6. TEMPORARY SUSPENSION The Fire Chief shall the authority to suspend this agreement wholly or in part, for such period as he deems necessary due to unfavorable conditions or to the failure on the part of Consultant to perform any provision of this agreement. Consultant will be paid the compensation due and payable to the date of temporary suspension. 7. SUSPENSION/TERMINATION a. Right to Terminate. The City retains the right to terminate this agreement for any reason by notifying Consultant in writing seven days prior to termination and by paying the compensation due and payable to the date of termination; provided, however, if this agreement is terminated for fault of Consultant, City shall be obligated to compensate Consultant only for that portion of Consultant services which are of benefit to City. Said compensation is to be arrived at by mutual agreement of the City and Consultant and should they fail to agree, then an independent arbitrator is to be appointed and his decision shall be binding upon the parties. b. Return of Materials. upon such. termination, Consultant shall turn over to the City immediately any and all copies of studies, sketches, drawings, computations, and 3 other data, whether or not completed, prepared by Consultant, and for which Consultant has received reasonable compensation, or given to Consultant in { connection with this agreement.. Such materials shall become the permanent property of City. Consultant, however, shall not be liable for City's use of complete documents if used for other than the project contemplated by this agreement. 8. INSPECTION Consultant shall furnish City with every reasonable opportunity for City to ascertain that the services of Consultant are being performed in accordance. with the requirements and .intentions of this agreement.. All work done and all materials furnished, if any, shall be subject to the City's Project. Manager's inspection and approval. The inspection of such work shall not relieve Consultant of any of its obligations to fulfill its agreement as prescribed. 9. OWNERSHIP OF MATERIALS All original drawings, models, plan documents and other materials prepared by or in possession of Consultant pursuant to this agreement shall become the permanent property of the City, and shall be delivered to the. City upon demand. The consultant may retain a reproducible copy for their records. 10. ASSIGNMENT: SUBCONSULTANTS: EMPLOYEES This agreement is for the performance of professional services of the Consultant and is not assignable by the Consultant without prior consent of the City in writing. The Consultant may employ other specialists to perform special services as required with prior approval by the City. It is understood by the City that the Consultant shall retain the services of. Subconsultant as identified in Exhibit A. 11. NOTICES To City: Fire Department City of San Luis Obispo 748 Pismo Street San Luis Obispo, CA 93401 To Consultant: SEACOR 348.5 Sacramento Drive, Suite A San Luis Obispo, CA 93401 4 C-i g-5 f i 12. INTEREST OF CONSULTANT Consultant covenants that it presently has no interest, and shall not acquire any interest, direct or indirect., financial or otherwise, which would conflict in any manner or degree with the performance of the services hereunder-. Consultant further covenants that, in the performance of this agreement, no subcontractor or person having such an interest shall be employed by Consultant. Consultant certifies that no one who has or will have any financial interest under this agreement is an officer or employee of City. It is expressly agreed that, in the performance of the services hereunder, Consultant shall at all times be deemed an independent contractor and not an agent or employee of City. 13. INDEMNITY Consultant hereby agrees to indemnify and save harmless City, its officers agents, and employees of and from: a. Any and all claims and demands which may be made against City, its officers, agents or employees by reason of any injury to or death of any person or corporation caused by any negligent act or omission of. Consultant under this agreement or of Consultant's employees or agents; b. Any and all damage to or destruction of the property of City, its officers, agents, or employees occupied or used by or in the care, custody or control of Consultant, or property of others; or in proximity to the site of Consultant's work, caused by any negligent act or omission of Consultant under this agreement or of Consultant's employees or. agents; C. Any and all claims and demands which may be made against City, its officers, agents or employees by reason of any injury to or death of or damage to property suffered or sustained by any employee or agent of Consultant under this agreement, however caused, excepting, however, any such claims and demands which are the result of the negligence or willful misconduct of City, its officers, agents, or employees; d. Any and all claims and demands which may be .made against City, its officers, agents, or employees by reason of any infringement or alleged infringement of any patent rights or claims caused by the use of any apparatus,, appliance, or materials furnished by Consultant under this agreement; and 5 Cr! Y e. Any and all penalties imposed or damages sought on account of the violation of any law or regulation or of any term or condition of any permit, when said violation ' of any law or regulation or of any term or condition of any permit, is due to negligence on the part of the Consultant. d. Any and all claims and demands which may be made against City, its officers; agents, or employees by reason of any infringement or alleged infringement of any patent rights or claims caused by the use of any apparatus, appliance, or materials furnished by Consultant under this agreement; and e. Any and all penalties imposed or damages sought on account of the violation of any law or regulation or of any term or condition of any permit, when said violation of any law or regulation or of any term or condition of any permit is due to negligence on the part of the Consultant. Consultant, at its own cost, expense, and risk, shall defend any and all suits, actions, or other legal proceedings that may be brought against or for employees on any such claim or demand of such third persons, or to enforce any such penalty, and pay and satisfy any judgment or decree that may be rendered against City, its officers, agents, or employees in any such suit, action or other legal proceeding, when same were due to _. negligence of the Consultant. 14. WORKERS COMPENSATION Consultant certifies that it is aware of the provisions of the Labor Code of the State of California, which require every employer to be insured against liability for workers compensation or to undertake self-insurance in accordance with the provision of that code, and it certifies that it will comply with such provisions before commencing the performance of the work of this agreement. 15. INSURANCE At the request of the City, Consultant shall provide proof of commercial general liability insurance ($3, 000, 000 including automobile) and professional liability insurance ($1, 000, 000) satisfactory to the City. City shall be an additional named insured. All applicable insurance provisions are outlined in Exhibit B attached herein and incorporated therefore by this reference. 6 i 16. AGREEMENT -BINDING. ".' The terms, covenants, and conditions of this agreement shall apply to, and shall bind, the heirs, successors, executors,. administrators, assigns, .and subcontractors of both parties. 17. WAIVERS The waiver by either party of any breach or violation of any term, covenant, or condition. of this agreement or of, any provision, ordinance, or law shall not be deemed to be a waiver of any subsequent breach or violation of the same or of any other term, covenant, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this agreement or of any applicable law or ordinance. 18. COSTS AND ATTORNEY'S FEES The prevailing party in any action between the parties to this agreement brought to enforce the terms of this agreement or arising out of this agreement may recover its reasonable costs and attorney's fees expended in connection with such an action from the other party. 19. DISCRIMINATION No discrimination shall be made in the employment of persons under this agreement because of the race, color, national origin, ancestry, religion or sex of. such person. If Consultant is found in violation of the nondiscrimination provisions of the State of Consultant Service Agreement California Fair Employment Practices Act or similar provisions of federal law or executive order in the performance of this agreement, it shall thereby be found in material breach of this agreement. Thereupon, City shall have the power to cancel or suspend this agreement, in whole or in part, or to deduct from the amount payable to Consultant the sum of Two- hundred-fifty Dollars ($250) for each person for each calendar day during which such person was discriminated against, as damages for said breach of contract, or both. Only a finding of the State of California Fair Employment Practices Commission or the equivalent federal agency or officer shall constitute evidence of a violation of contract under this paragraph. 20. AGREEMENT CONTAINS ALL UNDERSTANDINGS This document represents the entire and integrated agreement 7 C--/S-8 between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. This document may be amended only by written instrument, signed by both City and Consultant. All provisions of this agreement are expressly made conditions. This agreement shall be governed by the laws of the State of California. IN WITNESS WHEREOF, City and Consultant have executed this agreement on the day and year first above written: CONSULTANT By: By: CITY OF SAN LUIS OBISPO By: 8 Exhibit d INSURANCE REQUIRENI ENTS FOR ENVIRONMENTAL CONTRACTORS AND/OR 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, his 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 a least as broad as: 1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001 or Claims Made Form CO 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/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. Employees Liability: $1,000,000 each accident, $1,000,000 policy limit bodily injury by disease, SI,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/$2,000,000 policy aggregate. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the Entity. Other Insurance Provisions A. 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: I. The Entity,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, ]eased, 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 Entity as Additional Insured. If the Entity cannot be named as Additional Insured, a letter from the insurance company confirming their position is required. 2. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the Entity, its officers, officials, employees, agents and volunteers. Any insurance or self- insurance maintained by the Entity, 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 repotting or other provisions of the.policies including breaches of warranties shall not affect coverage provided to the Entity, its officers, officials, employees, agents or volunteers. 20 4. The Contractor's insure-_ . shall apply separately to each insured agai. _ vhom 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 canceled by either party except after thirty (30) days' prior written notice has been given to the Entity. B. 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). C. If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverages are written on a Claims Made form: 1. The 'Retro Date" must be shown, and must be before the date of the contract or the beginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract or work. 3. 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. 4. A copy of the claims reporting requirements must be submitted to the Entity for review. D. The workers compensation policy shall be endorsed with a waiver of subrogation in favor of the Entity. Accentability 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 Pollution coverages may also be written by a Captive Insurance Company or Risk Retention Groups. If an A.M. Best's rating of the company cannot be verified, or if the coverage is written by a Risk Retention Group or Captive Insurance Company, the City will check with its Insurance Advisor for further information before approval. Verification of Coverage Contractor shall furnish the Entity 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 Entity, unless the insurance company will not use the Entity's form. All endorsements are to be received and approved by the Entity before work commences. As an alternative to the Entity's forms, the contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by theses specifications. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall famish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.