Loading...
HomeMy WebLinkAbout01/04/2011, C3 - LABORATORY ANALYSES SERVICES REQUEST FOR PROPOSALS FOR 2011-2013, SPECIFICATION NO. 91059 council M j acEnaa WPM �N�Ct CITY OF SAN LUIS OBISPO FROM: Carrie Mattingly, Utilities Director Prepared By: Anne C. Fairchild, Water Quality Laboratory Manager SUBJECT: LABORATORY ANALYSES SERVICES REQUEST FOR PROPOSALS FOR- 2011-2013, SPECIFICATION NO. 91059 RECOMMENDATION 1. Approve the release of a request for proposals for 2011-2013 Water and Wastewater Laboratory Analyses Services; 2. Authorize the City Manager to award and execute a two-year contract if the lowest responsible proposal does not exceed $120,000. DISCUSSION On January 31, 2011, the current agreement for contract laboratory services between the City and FGL Environmental will expire. The recommended request for proposals is for laboratory services for the two year period beginning February 1, 2011 through January 31, 2013. The contract agreement with the laboratory services contractor includes the option for up to two, two- year contract extensions, with appropriate City approvals. While the City's Water Quality Laboratory performs the majority of mandatory laboratory analyses for the City's treatment plant processes, some tests, such as metals and organics, are best performed by an outside contract laboratory due to economic infeasibility related to equipment costs or staffing constraints. Specifications have been prepared for the solicitation of competitive proposals to provide two years of laboratory services for the water and wastewater treatment processes. The laboratory services contractor, as well as subsequent subcontractors, are required to use methods for water and wastewater analyses approved by the State and Federal regulatory agencies. The combined annual cost of contract water and wastewater analyses is estimated at $60,000 annually in calendar years 2011 and 2012, for a total of $120,000 for the proposed two year contract. The listing of all of the analytical constituents is located in Section A of the request for proposals package. FISCAL IMPACT Total fiscal impact is estimated at $60,000 annually or $120,000 over the two-year term of the contract. Funding for contract laboratory analyses is budgeted in both the water and sewer funds, with an annual base budget of$15,000 in water and $45,000 in wastewater, for a total of$60,000 in 2010-11. The contract would begin in February 2011 at mid-year 2010-11. Both the water and CM Laboratory Analyses Services RFP for 2011-2013 Page 2 sewer funds have adequate budget available to support the contract from February 1, 2011 through June 30, 2011. In addition, contract award at mid-year provides the City with the most current costs for contract laboratory services, allowing for more accurate budgeting as part of the 2011-13 Financial Plan development process. ALTERNATIVE Council could decide not to seek a request for laboratory services proposal and have current laboratory staff conduct the additional laboratory analyses. Staff does not recommend this alternative as the City does not possess either the necessary equipment or the necessary staffing levels to conduct the additional analyses in-house, which would require a significant increase in on-going operating costs and significant investments in equipment acquisition and maintenance. Council could also decide to extend the existing contract on a sole source basis. This alternative is not recommended since it is not a best practice when there are multiple potential bidders, it is inconsistent with the City's purchasing policies, and the competitive process will ensure the City is receiving these services in the most cost effective manner. Continuing to contract for laboratory analysis services, for specific types of laboratory analysis, supplements the laboratory analysis work performed by City staff in the City's Water Quality Laboratory and is currently the most cost effective approach in meeting the City's Water Quality Laboratory program objectives and regulatory requirements. ATTACHMENT Request for Proposal Package C3-2 ATTACHMENT city of j san IDIS OBISPO 990 Palm Street ■ San Luis Obispo,CA 93401 Notice Requesting Proposals for Laboratory Analyses Services The City of San Luis Obispo is inviting sealed proposals for Laboratory Analyses Services pursuant to Specification No. 91059. All proposals must be received by the Finance Division by January 21", 2011 at 3:00 pm at 990 Palm Street San Luis Obispo, CA 93401 where they will be opened publicly in the Council Hearing Room at 990 Palm 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 Finance Division in a sealed envelope plainly marked with the proposal title, specification number, proposer name, and time and date of the proposal opening.- Proposals shall be submitted using the forms provided in the specification package. Specification packages and additional information may be obtained by contacting Anne Fairchild at (805) 781-7242, afairchi@slocity.org or Cheryl Blair at (805) 781-7013, cblair@slocity.org. Specification No. 91059 is listed under Bids & Proposals at the City of San Luis Obispo's website www.slocity.org. ® The City of San Luis Obispo is committed to including disabled persons in all of our services,programs and activities. Telecommunications Device for the Deaf(805)781-7410. C3-3 ATTACHMENT S ecification No. 91059 TABLE OF • A. Description of Work 1 Proposal Detail Worksheet 3 B. General Terms and Conditions 9 Proposal Requirements Contract Award and Execution Contract Performance C. Special Terms and Conditions 14 Contract Award Sales Tax Reimbursement Labor Actions Failure to Accept Contract Contract Term Contract Extension Estimated Quantities Supplemental Purchases Contract Invoices Change in Work D. Agreement 16 E. Insurance Requirements 18 F. Proposal Submittal Forms 20 G. References 21 H. Statement of Past Disqualifications 22 I. Appendix A 23 C3-4 ATTACHMENT Section A DESCRIPTION OF • - The City is inviting sealed proposals for Laboratory Analyses for Water and Wastewater pursuant to Specification No.91059. 1. ANALYTICAL METHODS-All laboratory work shall be performed in accordance with Standard Methods for the Examination of Water and Wastewater, 20th edition, and approved EPA, DHS, and APHA analyticalp methods. 2. LABORATORY CERTIFICATION-All contractors and subcontractor(s) shall be certified by the State of California Department of Public Health (CDPH) and Environmental Laboratory Accreditation Program (FLAP)to perform the laboratory analyses listed in the Proposal Detail Worksheet. 3. DETECTION LIMITS - All analytical methods used for work performed for this specification must have minimum detection limits that are below the maximum discharge limits as outlined in the attached "Modified Waste Discharge Requirements" (Appendix A). 4. QA/QC REPORTS - The contractor shall supply a written Quality Assurance/Quality Control report concurrently with all analytical results. The QA/QC report describes all QA/QC steps and evaluations taken to ensure accurate,scientifically and legally defensible data. 5. REPORTING FORMAT - The contractor shall submit all drinking water analyses reports on California Department of Public Health (CDPH) forms specifically for that purpose. Drinking water analyses reports submitted on forms other than said CDPH forms shall be considered delinquent.The contractor must maintain a valid CDPH Electronic Data Transfer(EDT)certification during the course of this contract. 6. SAMPLE CONTAINERS - Contractor shall supply all sample containers. Sample containers shall be identified and delivered with legible,preprinted labels and preprinted chain-of-custody forms.Preprinted labels and chain-of-custody forms shall contain client name, address and phone number, analyses to be performed, frequency of analyses, preservative and project title, etc. Sample containers shall be prepared with necessary preservatives. For repeat sampling events,the contractor shall provide customized chain-of-custody forms and labels. Contractor shall insure that all sample containers will be delivered and available to City of San Luis Obispo Laboratory staff one week prior to the start of the next month's sampling. (As an example, for all sampling events scheduled to take place in December,all sampling containers shall be delivered and available to City of San Luis Obispo laboratory staff by the third week of November.) 7. SAMPLE PICKUP/DELIVERY—Collected, prepared, and labeled sample containers will be available for mandatory pickup by the contract lab at a minimum of twice per week. The contract laboratory staff will initiate a call to the the City's laboratory staff the day prior to the pickup day. The contractor must provide personnel able to inspect sample containers, labels, and consistency with chains-of-custody. The contractor personnel,or any carrier service for the contractor assigned to pick up samples,must be able to sign chains-of- custody to maintain integrity of the chain-of-custody and legally defensible data. & UNSCHEDULED PICKUP/DELIVERY -In the event of an unscheduled sampling episode,the contractor shall arrange for pick-up and a two-day RUSH turnaround at no surcharge. This service shall be available for up to ten(10)unscheduled sampling episodes per 12-month period. 9. TURNAROUND TIME-Contractor shall provide a 14 working day turnaround time for sample analyses and results.All of any month's scheduled analytical results shall be provided to the City's laboratory,in writing,by the 5th day of the following month for all drinking water results and the 15th day of the following month for all other analytical results. 1 C3-5 ATTACHMENT 10. PROPOSAL PRICES-All pricing shall remain stable for the period February 1'2011—January 31512013. 11. ONLINE REPORTING — Contractor must provide electronic on-line reporting. The reports must include access concurrently to: QA/QC reports,chains-of-custody,data results, invoices, method numbers, and a case narrative. The case narrative must summarize the sample description, date sampled, date received, sample or tracking number, sample matrix, a discussion of quality control parameters, and method numbers. This information must be available on-line for no less than three (3) months. The contractor shall notify via email when the online reports are ready for reviewing. All of any month's analytical results shall be provided to the City of San Luis Obispo's Water Quality Laboratory,on line and in writing,by the 15th day of the following month,(5's day of the following month for all drinking water results). 12. SAMPLE RESULT NOTIFICATION - Contractor must be able to follow special chain of custody instructions for:Oil and Grease,BOD,THM,CN-and other analyses as needed. 13. LABORATORY INFORMATION MANAGEMENT SYSTEM REQUIREMENTS (LIMS) - The contractor must utilize a computerized LIMS system to generate labels and chains-of-custody for required contract sampling and reporting. 14. REQUIRED PROPOSAL SUBMITTAL - Proposal submittals must include Proposal Detail Worksheet, Certificate of Appropriate Insurance, References, Statement of Proposer's Past Contract Disqualifications, if applicable, and Proposal Submittal Form, and examples of:Labels,Preprinted Chains-of-Custody,Laboratory Data Report as specified in the On Line Reporting Requirements. REQUIRED FUNCTIONALITY Respond to all aspects of the functional specifications and criteria in the functionality table. Each function must be fully integrated in the Laboratory Analyses Services. Any deviation or exceptions from the specifications must be clearly noted in the proposal. The City will entertain other options and recommendations if they can improve upon the current requirements. Vendors are instructed to review and respond to each functionality requirement by indicating each item with one of the following responses unless further explanation is needed: • Fully Compliant(C): Indicates the contractor's standards and operating procedures meet and/or exceed the requirement. • Not Available(NA): Indicates that the contractor does not and cannot meet this requirement. Table:Functionality Requirements No. Functionality Response 1. Do you have online access to data and reports? I a. If yes,how long is the information available? 2. Do you utilize a Laboratory Information Management System(LIMS) to generate:preprinted chains-of-custody,preprinted labels,changes based on sampling events,and to track completed sampling. 3. Can you provide an example of a finished report the City would receive as a client? 4. Can you provide an example of a preprinted chain of custody and label? 5. Can you provide sample containers within a one-hour notice? 6. Do you use personnel from a contract company as a carrier service for sample pickup or drop off? 6a. If yes,who would be your likely third party carrier? 2 C3-6 1 ATTACHMENT Proposal Detail Worksheet: Water Treatment Plant Proposer 2010-13 Name: Drinking Water Constituent/ EPA Number ofSamples Per Price per Sample Extended 2 Method Year Price Year General Mineral 5 Gross Alpha and Beta 0 Volatile Organics 5 TTHM 32. Nitrate 5 Aluminum 12 Inorganic Chemicals 5 Cyanide 0 TOC 12 Fluoride 12 Bromate 12 General Physical 5 Lead and Copper 0 Bromide 0 EPA 505-Pesticides 0 SOC 6EPA 507 2. SOC EPA 508 2. EPA 515.1 -Herbicides 0 EPA 525-Semivolatile organics 0 EPA 531.1 -Carbonates 0 EPA 549-Di uat 0 EPA 552.2-HAAS 32 Asbestos 0 UCMR2_ 0 EPA 527-Pesticides& Flame Retardants 3 EPA 529 Explosives 3 EPA 331 -Perchlorate 3 Total Proposal (VITP) $ 3 C3-7 ATTACHMENT . WATER RECLAMATION FACILITY Proposer Name: Number of Price Per Extended 2 Wastewater Constituent/EPA Method Samples Sample Year Per Year Price Effluent Nitrate as N 24 Nitrite as N 24 Oil and Grease 12 Dissolved Orthophosphate as P 12 Total Kjeldahl Nitrogen as N 12 NH3-N 52 TDS 52 Total Phosphorus 12 Metals Prep 3 Metals- (20)Al, Sb,As, V, B, Be, Li 3 Cd, Cr(total), Co, Cu, Fe, Hg, Pb, Mn Ni, Se,Ag, Tl,Zn Sodium 4 Chloride 4 Cyanide 3 Fluoride. 3 Chromium VI 3 Mercury 3 MBAS 3 EPA 504.1 3 Sub-Total(WRF) $ 4 C3-8 ATTACHMENT WATER RECLAMATION_FACILITY Pro poser Nalne: I Number of Price Per Extended 2 Wastewater Constituent/EPA Method Samples Sample Year Per Year Price Effluent continued _ EPA 505 3 EPA 507 3 EPA 515.1 3 EPA 524.2 3 EPA 525.2 3 EPA 53 1.1 3 EPA 547 3 EPA 548 3 EPA 549 3 Volatiles -EPA 8260 3 Semi-Volatiles -EPA 8270 Pesticides EPA 8081 3 PCB EPA 8082 3 Dioxin -Full List 3 Chronic Aquatic Bioassay-Fathead 3 Acute Aquatic Bioassay- Trout Asbestos 3 BOD 24 EPA 55 1.1 12 Sub-Total(WRF) $ 5 0-9 ATTACHMENT ( WATER RECLAMATION FACILITY Proposer Name: Number of Price Per Extended 2 Wastewater Constituent/EPA Method Samples Sample Year Per Year Price ROdeAring Water " Nitrate as N 36 Nitrite as N 36 Total Phosphorus 36 Na 15 Cl 15 TDS 15 Dissolved Orthophosphate as P 36 TKN as N 36 NH3-N 6 EPA 551.1 THM 28 Rea ent,.Water Heterotrophic Plate Count 12 Chlorine Residual 12 Electrical Conductivity 12 Inhibitory Residue 2. Metals 6 Cd, Cr, Cu, Pb, Hi,Zn 12. TOC 12 NH3-N, N-Or anic 12. Bacteriological Water Quality 2 Sub-Total(WRI) $ 6 C3-10 ATTACHMENT WATER RECLAMATION FACILITY- Proposer Name. Number of Price Per Extended 2 Wastewater Constituent/EPA Method Samples Sample Year Per Year Price Biosolids Phosphorus 4 Metals Pre -Biosolids 4 Moisture 5 H 4 TKN 5 Dioxin -2,3,7,8, TCDD- 1613A 1 EPA 8270 1 EPA 8080 1 EPA 8260 1 Metals 13 Sb, As, Be, B, Cd, Cr, Cu 1 Pb, Ni, Se,Ag, TI,Zn Metals Pre -Biosolids 2 Ammonia as N 2 Cyanide, Total 2 Nitrate as N 2 Oil and Grease 2 Asbestos 2 Coliform LTB-Fecal Coliform Density 3 Metals Prep(13)Ag,As, Cd, Cr, Cu, Hg K, Mo, Ni, P, Pb, Se, Zn 3 NH3-N 5 7 0-11 ATTACHMENTS WATER RECLAMATION_FACILITY Proposer Name:.. � Number of Price Per Extended 2 Wastewater Constituent/EPA Method Samples Sample Year Per Year Price Bidsolids Enteric Virus Assay1 Helminth Ova Assay1 Salmonella 1 TOTAL PROPOSAL (WRF)— S s C3-12 ATTACHMENT Section B GENERAL • • 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 Proposal (RFP) package. By virtue of its proposal submittal, the proposer acknowledges agreement with and acceptance of all provisions of the IFB 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 that shall be sealed and addressed to the Department of Finance, City of San Luis Obispo, 990 Palm Street, San Luis Obispo, CA, 93401. In order to guard against premature opening, the proposal should be clearly labeled with the proposal title, specification number, name of proposer, and date and time of proposal opening.. No FAX submittals will be accepted. 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 proposer'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. Proposal Quotes and Unit Price Extensions. The extensions of unit prices for the quantities indicated and the lump sum prices quoted by the proposer must be entered in figures in the spaces provided on the Proposal.Submittal Form(s). Any lump sum proposal 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 proposer for any item are not in agreement,the unit price alone will be considered as representing the proposer's intention and the proposal total will be corrected to conform to the specified unit price. 5. 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 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. Proposals or their representatives are invited to be present at the opening of the proposals. 9 C3-13 ATTACHMENT 6. 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 that 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. 7. Cooperative Purchasing. During the term of the contract, the successful proposer will extend all terms and conditions to any other local governmental agencies upon their request. These agencies will issue their own purchase orders; will directly receive goods or services at their place of business and will be directly billed by the successful proposer. 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 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, all information that 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 before 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 warrants that it possesses, or has arranged through subcontracts, all capital and other equipment, labor,materials, and licenses necessary to carry out and complete the work hereunder in compliance with any and all federal, state, county, city, and special district laws, ordinances,.and regulations. 10 C3-14 ATTACHMENT 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 that 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. 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 resulting from 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 that 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). '1 C3-15 ATTACHMENT 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 fumished, 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, indirect or otherwise—that would conflict in any manner or degree with the performance of the work hereunder. The Contractor further covenants that, in the performance of this work, no subcontractor or person having such an interest shall be employed. The Contractor certifies that no one who has or will have,any financial interest in performing this work is an officer or employee of the City. It is hereby expressly agreed that, in the performance of the work hereunder, the Contractor shall at all times be deemed an independent contractor and not an agent or employee of the City. 28. Bold 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 that 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. Termination. If, during the term of the contract, the City determines that the Contractor is not faithfully abiding by any termor condition contained herein, the City may notify the Contractor in writing of such defect or failure to perform. This notice must give the Contractor a 5 (five) 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 five 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 12 C3-16 ATTACHMENT 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 full and complete accounting of costs. In no event, however, shall the Contractor be entitled to receive in excess of the compensation quoted in its proposal. 13 C3-17 ATTACHMENT Section C AND-CONDITIONS -SPECIAL TERMS REQUEST FOR PROPOSAL 1. Contract Award. Subject to the reservations set forth in Paragraph 9 of Section B (General Terms and Conditions) of these specifications, the contract will be awarded to the lowest responsible,responsive proposer. 2. Sales Tax Reimbursement. For sales occurring within the City of San Luis Obispo, the City receives sales tax revenues. Therefore, for proposals from retail firms located in the City at the time of proposal closing for which sales tax is allocated to the City, 1% of the taxable amount of the proposal will be deducted from the proposal by the City in calculating and determining the lowest responsible,responsive proposer. 3. Labor Actions. In the event that the.successful proposer is experiencing a labor action at the time of contract award (or if its suppliers or subcontractors are experiencing such a labor action), the City reserves the right to declare said proposer is no longer the lowest responsible,responsive proposer and to accept the next acceptable low proposal from a proposer that is not experiencing a labor action, and to declare it to be the lowest responsible, responsive proposer. 4. Failure to Accept Contract. The following will occur if the proposer to whom the award is made (Contractor) fails to enter into the contract: the award will be annulled; any proposal security will be forfeited in accordance with the special terms and conditions if a proposers bond or security is required; and an award may be made to the next lowest responsible, responsive proposer who shall fulfill every stipulation as if it were the party to whom the fust award was made. 5. Contract Term. The supplies or services identified in these specifications will be used by the City between February 1, 2011 and January 31, 2013. The prices quoted for these items must be valid for the entire period indicated above unless otherwise conditioned by the proposer in its proposal. 6. Contract Extension. The term of the contract may be extended as set forth in the agreement by mutual consent with the option for two, two-year extensions. During this extended period, unit prices may not be increased by more than the percentage change in the US consumer price index for All Urban Consumers (CPI-U), from January 31, 2011 to February 1, 2013. 7. Estimated Quantities. The quantities indicated in the Detail Proposal Submittal Form are estimates based on past purchasing experience, and will be used to determine the lowest overall proposal. Actual quantities purchased during the period of this contract may vary from these estimated amounts as required by the City. 8. Supplemental Purchases. Supplemental purchases may be made from the successful proposer during the contract term in addition to the items listed in the Detail Proposal Submittal Form. 14 C3-18 ATTACHMENT For these supplemental purchases, the proposer shall not offer prices to the City in excess of the amounts offered to other similar customers for the same item. If the proposer is willing to offer the City a standard discount on all supplemental purchases from its generally prevailing or published price structure during the contract term, this offer and the amount of discount on a percentage basis should be provided with the proposal submittal. 9. Contractor Invoices. The Contractor shall deliver a monthly invoice to the City, by the 10`b calendar day of the following month, itemized by up to 20 cost centers, with attached copies of work order forms or detail invoices (standard color or copy to be agreed upon) as supporting detail. 10. Non-Exclusive Contract. The City reserves the right to purchase the items listed in the Detail Proposal Submittal Form, as well as any supplemental items, from other vendors during the contract term. 11. Unrestrictive Brand Names. Any manufacturer's names, trade names, brand names or catalog numbers used in the specifications are for the purpose of describing and establishing general quality levels. Such references are not intended to be restrictive. Proposals will be considered for any brand that meets or exceeds the quality of the specifications given for any item In the event an alternate brand name is proposed, supplemental documentation shall be provided demonstrating that the alternate brand name meets or exceeds the requirements specified herein. The burden of proof as to the suitability of any proposed alternatives is upon the proposer, and the City shall be the sole judge in making this determination. 12. Delivery. Prices quoted for all supplies or equipment to be provided under the terms and conditions of this RFP package shall include delivery charges, to be delivered F.O.B. San Luis Obispo by the successful proposer and received by the City within 5 days after authorization to proceed by the City. 13. Start and Completion of Work. Work on this project shall begin within [10] calendar days after contract execution and shall be completed within [10] calendar days thereafter. 14. Change in Work. The City reserves the right to change quantities of any item after contract award.. If the total quantity of any changed item varies by 25% or less, there shall be no change in the agreed upon unit price for that item. Unit pricing for any quantity changes per item in excess of 25% shall be subject to negotiation with the Contractor. 15. Recycled Products. A ten percent preference, not to exceed one thousand dollars per contract, will be given to recycled products. The fitness and quality of the recycled product must be at least equal to un-recycled products as determined by the City. The preference percentage shall be based on the lowest price quoted by the supplier or suppliers offering non-recycled products. Price preferences may be offered in excess of the ten percent ceiling established in this section if it can be shown that purchase of a recycled product or material will result in greater long-term savings to the City. 16. Submittal of References. Each proposer shall submit a statement of qualifications and references on the form provided in the RFP package. 17. Statement of Contract Disqualifications. Each proposer shall submit a statement regarding any past governmental agency bidding or contract disqualifications on the form provided in the RFP package. 15 C3-19 ATTACHMENT Section D FORM OF AGREEMENT AGREEMENT THIS AGREEMENT is made and entered into in the City of San Luis Obispo on 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 January 4, 2011 the City requested proposals for Laboratory Analyses Services per Specification No.91059. WHEREAS, pursuant to said request, Contractor submitted a proposal that was accepted by City for said. Laboratory Analyses Services NOW THEREFORE, in consideration of their mutual promises, obligations, and covenants hereinafter contained,the parties hereto agree as follows: 1. TERM. The term of this Agreement shall be from the date this Agreement is made and entered,as first written above, until acceptance or completion of said Laboratory Analyses Services. The terms of the contract may be extended by mutual consent with the option for two, two-year extensions. During this extended period, unit prices may not be increased by more than the percentage change in the US consumer price index for All Urban Consumers(CPI-U),from February 1,2011 to January 31,2013. 2. INCORPORATION BY REFERENCE. City Specification No. 91059 and Contractor's proposal dated are hereby incorporated in and made a part of this Agreement. 3. CITY'S OBLIGATIONS. For providing Laboratory Analyses Services as specified in this Agreement,City will pay and Contractor shall receive therefore compensation in a total sum not to exceed$120,000. 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 Laboratory Analyses Services as outlined in Specification No.91059 16 C3-20 ATTACHMENT 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 Manager. 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 Utilities Department City of San Luis Obispo 879 Morro Street San Luis Obispo,CA 93401 Contractor Name Address 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 By: City Clerk City Manager APPROVED AS TO FORM: CONTRACTOR By: City Attorney 17 0-21 � ATTACHMENT Section E INSURANCE Q Environmental Contractors and Consultants Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property that 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/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 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/$2,000,000 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. 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 18 C3-22 ATTACHMENT 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. 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. d. 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). 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 contract or work. C. If the coverage is canceled 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 requirements must 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 information before 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 affecting 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. 19 C3-23 ATTACHMENT PROPOSAL SUBMITTAL FORM The undersigned declares that she or he has carefully examined Specification No.91059, which is hereby made a part of this proposal; is thoroughly familiar with its contents; is authorized to represent the proposing firm; and agrees to perform the specified work for the following cost quoted in full: PROPOSAL ITEM: Laboratory Analyses Services Water Treatment Plant Laboratory Analyses (2/1/11 — 1/31/13) Water Reclamation Facility Laboratory Analyses (2/1/11 — 1/31/13) Miscellaneous TOTAL PROPOSAL $ ❑ Certificate of insurance attached; insurance company's A.M. Best rating: Firm Name and Address Contact Phone Si nature of Authorized Representative Date 20 C3-24 ATTACHMENT 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 that 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. 1 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 21 C3-25 ATTACHMENT STATEMENT OF 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 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 Proposer Representative 22 C3-26