HomeMy WebLinkAbout11-03-2015 Item 06 - Requst for Proposals for Management and Beneficial resuse of biosolids
Meeting Date: 11/3/2015
FROM: Carrie Mattingly, Utilities Director
Prepared By: David Hix, Deputy Director Utilities – Wastewater
SUBJECT: AUTHORIZE A REQUEST FOR PROPOSALS FOR MANAGEMENT AND
BENEFICIAL REUSE OF BIOSOLIDS
RECOMMENDATION
1. Authorize the issuance of a Request for Proposals (RFP) for management and beneficial
reuse of biosolids, specification No. 91429; and
2. Authorize the City Manager to award an agreement if the selected proposal is within the
WRRF’s approved operating budget line item for biosolids reuse of $206,000 for fiscal year
2015-16 and $210,000 for fiscal year 2016-17; and
3. Authorize the continuation of the contract with Engle and Grey, Inc., on a month -by-month
basis until a new contractor is selected.
DISCUSSION
Background
The City’s Water Resource Recovery Facility (WRRF) treats approximately 4.5 million gallons of
wastewater per day. During treatment, solids are removed from the wastewater and are placed in
large heated tanks called digesters that stabilize organic matter and destroy pathogens. The treated
solids are called biosolids of which the City generates approximately 2,000 to 4,000 tons annually.
Biosolids are graded based on three Federal and State standards: pollutants, vector attraction, and
pathogen reduction. Exceptional Quality (or EQ) biosolids meet the most stringent of these
requirements. The City’s biosolids meet two of the three EQ standards for pollutants and vector
attraction. The regulated pollutants include heavy metals, dioxin, and PCBs. The vector
attraction requirement ensures the reduction and stabilization of organic matter so the biosolids
won’t attract vectors such as flies and other pests that may spread disease. While the process in
the digesters significantly destroys the pathogens in the solids and is a state and federally
recognized method for pathogen reduction, further pathogen reduction is required to meet
complete EQ standards.
During the last 14 years the City has been contracting with Engel and Gray, Inc. to haul, compost,
and distribute the WRRF’s biosolids. Currently Engel and Gray, Inc. haul the City’s biosolids from
the WRRF to its facility in Santa Maria where they are composted. Composting is an approved
method that achieves the highest level of pathogen destruction to achieve EQ status.
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The City has studied processes to achieve EQ biosolids itself but capital and operating costs, and
the reality that biosolids still need to be hauled off-site, currently make contracting for beneficial
reuse the most cost-effective alternative.
Engel and Gray’s present contract expires on December 20, 2015. Considering the current time
frame that might not have a contractor in place by date of contract expiration, Engle and Gray,
Inc. has agreed to honor the terms of its current agreement until the City will award a contract.
Request for Proposal
Staff is seeking approval of a RFP for the management and beneficial reuse of the City’s
biosolids that includes a copy and discussion about the WRRF upgrade project charter as a
guideline for proposals. Evaluation and selection of the proposals will include preference to
contractors proposing operational flexibility, alignment with the WRRF’s charter and local
beneficial reuse projects. Proposers may also submit alternative proposals that will meet the
City’s scope of work in a different manner. Duration of the contract will be for five years with an
option for one five-year extension. Section A of the attached RFP describes the full scope of
work requested by the City.
Staff will evaluate proposals according to the selection process described in the RFP. Staff
anticipates executing a contract with the selected consultant by February 2016.
Other Agencies
Below is a brief description of what other agencies are doing with their biosolids. The City
generates more biosolids than many agencies because of its size and the treatment processes used
to attain the high level of water quality required to meet the WRRF’s discharge requirements.
Presently the City pays $44.23/ton for hauling and composting.
Cambria – $47.50/ton. Biosolids are hauled to Liberty Composting in the San Joaquin Valley,
composted, and then marketed for a variety of uses.
City of Morro Bay - $46.00/ton. Biosolids are hauled by McCarthy Farms in the San Joaquin
Valley, composted, and then marketed for a variety of uses.
South San Luis Obispo Sanitary District - $36.50/ton. Biosolids are hauled by Engel and Gray,
Inc., composted, and then marketed for a variety of uses.
City of Paso Robles – $7.19/ton. Biosolids are hauled to the City-owned landfill and used as
alternative daily cover.
Pismo Beach - $48.68/ton. Biosolids are hauled by Engel and Gray, Inc., composted, and then
marketed for a variety of uses.
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FISCAL IMPACT
The 2015-16 and 2016-17 WRRF operating budget has identified $206,000 and $210,000
respectively for biosolids reuse. Upon receipt of the proposals, staff will evaluate the funding to
determine if it is adequate for the new contract term. If needed, additional funding will be
requested from Council prior to contract award. Adequate funding will be included in future
financial plans to cover the cost of these contract services.
The annual budget of $206,000 was calculated for a full 12-month service period of which only
six months will be used by the time the Engle & Gray, Inc. contract expires. There is sufficient
funding available to pay the month-to-month charges and the remainder of the fiscal year on the
new contract.
Attachments:
a - RFP Biolsolids Spec No 91429
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Notice Requesting Proposals for Management and Beneficial Reuse of
Biosolids
Specification No. 91429
The City of San Luis Obispo is requesting sealed proposals for management and beneficial reuse of
biosolids pursuant to Specification No. 91429. All proposals must be received by the Finance
Department at 990 Palm Street, San Luis Obispo, CA 93401 by 3:00 P.M. on December 10, 2015.
Proposals received after said time will not be considered. To guard against premature opening, each
proposal shall be submitted to the Finance Department in a sealed envelope plainly marked with the
proposal title, specification number, Contractor name, and time and date of the proposal opening.
Proposals shall be submitted using the forms provided in the specification package.
Requests must include the RFP title and specification number.
Project Detail Information
Project detail information may be obtained by contacting Dave Hix, Deputy Director – Wastewater, at
(805) 781-7039 or dhix@slocity.org.
Rev 11.20.12 BL
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RFP No. 91429 City of San Luis Obispo Management and Beneficial Reuse Biosolids Page 2 of 85
Specification No. 91429
TABLE OF CONTENTS
DESCRIPTION OF WORK ...................................................................................................................... 3
GENERAL TERMS AND CONDITIONS ................................................................................................... 7
PROPOSAL REQUIREMENTS ............................................................................................................ 7
CONTRACT AWARD AND EXECUTION ............................................................................................. 7
PROPOSAL CONTENT AND SELECTION PROCESS ......................................................................... 12
PROPOSAL CONTENT ..................................................................................................................... 12
PROPOSAL EVALUATION AND CONTRACTOR SELECTION ......................................................... 13
FORM OF AGREEMENT ....................................................................................................................... 14
PROPOSAL SUBMITTAL FORMS......................................................................................................... 16
ACKNOWLEDGEMENT ..................................................................................................................... 16
STATEMENT OF PAST CONTRACT DISQUALIFICATIONS ............................................................ 19
REFERENCES .................................................................................................................................. 19
INSURANCE REQUIREMENTS: Contractor Services .......................................................................... 20
APPENDICES ........................................................................................................................................ 22
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RFP No. 91429 City of San Luis Obispo Management and Beneficial Reuse Biosolids Page 3 of 85
Section A
DESCRIPTION OF WORK
BACKGROUND
The City of San Luis Obispo is located on the Central Coast approximately halfway between San Francisco
and Los Angeles. The City's Water Resource Recovery Facility (WRRF) provides tertiary treatment to
approximately 4.5 million gallons per day using activated sludge/nitrification. All biosolids removed in the
treatment process are anaerobically digested by two digesters operated in series. The digesters provide 42
days of total detention time at 30 degrees C. Volatile solids reduction averages 65%. After digestion the
biosolids are dewatered using a screw press while alternatively some may be dried in drying beds.
Moisture content ranges from 40% in the dry season to 85% during the wet season. The City's biosolids
meet the Exception Quality (EQ) requirements for pollutants; 40 CFR 503.13, and vector attraction 40 CFR
503.33(b) and meet alternative 2 for Processes to Significantly Reduce Pathogens (PSRP) [40 CFR
503.32(b)(3)] using anaerobic digestion. Overall the City produces 2,000 to 3,000 tons of Pollutant
Concentration (PC) quality biosolids.
The City has developed a Program Charter to guide the WRRF through the planning, design and
construction of an upcoming required upgrade of which biosolids reuse is an important component.
(Appendix 1). The Charter establishes a unified project vision and mission, economic, social and
environmental (triple bottom line) objectives and guiding principles for the WRRF and operations of the
facility. The Charter is designed to serve as a guiding document for everyone and for all related work at the
facility which includes biosolids reuse.
SCOPE OF WORK
The contractor shall provide all services related to transportation, beneficial reuse, permitting and
monitoring of the City's biosolids in accordance with all applicable federal, state and local requirements.
The contractor’s proposal shall include a detailed description of the proposed method of biosolids reuse
and shall include but not be limited to the following:
1. The contractor shall provide with its proposal, all required regulatory permits for hauling and
beneficial reuse of the entire quantity of biosolids as specified herein. The contractor shall provide
a detailed description of the beneficial use process being proposed for the City biosolids.
Submittals proposing mono-filling, landfilling, alternative daily cover and/or incineration will not be
considered. The contractor shall be responsible for all fees associated with permitting. The
contractor shall also be responsible at its expense for meeting all monitoring and reporting
requirements imposed by all regulatory agencies having jurisdiction over the contractor's beneficial
reuse operations; and shall provide at its expense all capital improvements, and shall pay all
operating expenses, needed at the beneficial reuse site to protect surface and groundwater and the
site resources per the requirements of the responsible regulatory agencies. Copies of all the
regulatory monitoring, permits and all permits background data shall be provided to the City.
Representatives of the City shall be permitted on the beneficial reuse site at all times.
2. The contractor shall be responsible for hauling 100 percent of the biosolids being generated,
approximately 3,000 to 4,000 tons/year for a period of five years.
The contractor's responsibilities shall include furnishing and maintaining all biosolids trailers,
including water tight and covered trailers as required; furnishing and maintaining all truck tractors
required to transport the trailers; furnishing all drivers and operators; furnishing all vehicle fuel
required to transport the biosolids from the City to the beneficial reuse site and return trip; provide
and maintain full vehicle insurance, general liability insurance and workers’ compensation
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RFP No. 91429 City of San Luis Obispo Management and Beneficial Reuse Biosolids Page 4 of 85
insurance as required by law and identified in section E. The contractor shall also be responsible for
and pay all traffic violations incurred as a result of hauling operations.
3. The contractor shall be responsible for furnishing and maintaining tractor/loaders required to load
the stockpiled biosolids, and equipment operators for loading the stockpiled biosolids.
4. The contractor shall provide sufficient facilities and/or land to accommodate 150 percent of the total
anticipated amount of biosolids to beneficial reuse during the contract period. Approved regulatory
permits for the facilities and/or land to be utilized as the contractor's application area shall be
provided with the contractor’s proposal.
5. The contractor shall be responsible for furnishing all equipment, labor and materials for the
beneficial reuse operations.
The contractor's responsibilities shall include furnishing and maintaining all equipment required to
support its operations; furnishing all vehicle operators and support personnel required to support its
operations; furnishing all vehicle and support equipment fuel; providing and maintaining full vehicle
and equipment insurance, general liability insurance and workers’ compensation insurance as
required by law.
SPECIAL REQUIREMENTS
1. The contractor selected will be required to enter into a contract with the City. In addition, the
contractor will be required to secure and maintain in force throughout the duration of the contract
insurance as described in section F.
2. Firms or individuals submitting a proposal and any associate Contractor or subcontractor must be
legally qualified in the State of California to practice the work required in this RFP and must hold all
licenses and/or registration required by law.
MINIMUM QUALIFICATIONS
The contractor shall have previous operating experience with similar projects. The contractor shall currently
be providing similar services for at least three (3) public agencies and have been in business for minimum
of five (5) year performing professional biosolids hauling and composting services in the wastewater field in
the state of California. The contractor shall be aware of all applicable regulatory requirements, and shall
provide with the proposal all permits required for the proposed project. Proposals submitted with permits
currently pending approval by the appropriate regulatory agencies may be considered assuming the
proposer can demonstrate to the satisfaction of the City that the permits will be obtained in a manner that
will not impact the time constraints of the project. All required permits will be required prior to contract
approval. The contractor shall be capable of hauling to the proposed discharge area within (30) days
following notice to proceed.
ESTIMATED QUANTITIES
Estimated annual biosolids production is 3,000 to 4,000 tons per year*.
*This value is an approximation only, based on past hauling records and current operation of the WRRF.
The proposer shall base its cost proposal on the following constraints; the proposer shall be required to
haul up to 100 percent of the biosolids being produced at the City's W RRF to the proposer's beneficial
reuse site. The proposer shall provide facilities (land) of sufficient area to accommodate 150 percent of the
total estimated biosolids to be hauled.
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RFP No. 91429 City of San Luis Obispo Management and Beneficial Reuse Biosolids Page 5 of 85
The actual haul schedule shall be arranged between the City and the successful proposer. The proposer
shall assume that the quantity of biosolids to be hauled may increase during the wet season, November
through April. The City reserves the right to determine the schedule in the case of conflict.
OPERATIONAL PROCEDURES AND HAULING SCHEDULES
Operational procedures shall be mutually arranged between the City and the successful proposer. The
proposer shall provide sufficient trailers, loaders and equipment to remove biosolids continuously
generated from the W RRF site at a frequency of not less than semi-monthly (every two weeks). Actual
details of scheduling shall be refined with experience. The City may consider alternate hauling schedules
as proposed if, in the opinion of the City, the proposed alternative schedule does not impede the operation
of the City's WRRF.
The proposer shall not assume that the City can store more than 500 cubic yards of biosolids on site.
Costs shall be based on a unit cost per ton (2000 pounds). All load weights shall be provided by certified
scales and provided to the City with contract invoicing.
SLUDGE QUALITY
The City shall be responsible for producing PC biosolids that that do not exceed Table 3 requirements for
pollutants [40 CFR 503.13], meet alternative 1 [40 CFR 503.33(b)] for vector attraction using Volatile Solids
Reduction (VSR) of 38% or greater and meet alternative 2 for Processes to Significantly Reduce
Pathogens (PSRP) [40 CFR 503.32(b)(3)] using anaerobic digestion. The City will provide biosolids quality
monitoring as required by the 40 CFR 503 regulations. The City's last comprehensive annual biosolids
sampling is provided as Appendix 2.
The dewatered biosolids come from a screw press and occasionally drying beds. The drying bed biosolids
are a loose solids containing approximately 40% solids and resembling soil. The screw press solids are
approximately 15% to 20% solids and of moist cake consistency. The majority of biosolids hauled will be
from the WRRF’s screw press.
The proposer shall provide covered trailers to prevent any loss of biosolids while being transported from
the Water Resource Recovery Facility to the final point of application.
LOAD WEIGHT
It shall be the responsibility of the proposer to ensure that each trailer is loaded to the proper weight. The
City shall require the proposer to provide the certified load weight of each vehicle at no additional cost to
the City.
LICENSING
All equipment utilized in connection with this contract shall be fully licensed to operate on the highwa ys of
the State of California. All public highway drivers and operators of such equipment shall be fully licensed by
the State of California Department of Motor Vehicles.
EQUIPMENT CLEANING
The proposer shall be responsible for keeping its equipment in neat and clean manner. Major cleaning and
servicing of equipment shall not take place at the City's Water Resource Recovery Facility.
RULES AND REGULATIONS
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RFP No. 91429 City of San Luis Obispo Management and Beneficial Reuse Biosolids Page 6 of 85
The proposer shall be aware of existing, revised, proposed and new Federal, State and Local and other
rules and regulations covering its activities in connection with this work.
Changes in regulations or practices necessitated by any revision in rules and regulations shall be brought
to the attention of the City sufficiently in advance of implementation so as to permit adjustment of the
schedule or method of operation of the proposer.
The City shall not be responsible for notifying the proposer of any changes in rules and regulations
regarding the handling and delivery of biosolids that affects its operations.
ADDITIONAL SERVICES
The City is considering alternative biosolid storage and collection options such as the use of roll-off
containers to minimize odors from the operations. Proposers shall provide a description and cost estimate
for alternative storage and collections possibilities as a separate itemized cost in their proposal.
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Section B
GENERAL TERMS AND CONDITIONS
PROPOSAL REQUIREMENTS
1. Requirement to Meet All Provisions. Each individual or firm submitting a proposal
shall meet all of the terms, and conditions of the Request for Proposals (RFP)
specifications package. By virtue of its proposal submittal, the proposer acknowledges
agreement with and acceptance of all provisions of the RFP specifications.
2. Proposal Submittal. Each proposal must be submitted on the form(s) provided in the
specifications and accompanied by any other required submittals or supplemental
materials. Proposal documents shall be enclosed in an en velope 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 b e 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 proposer for any ite m 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 Inviting Bids/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.
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
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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 order s, 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 90 days for examination, comparison and to evaluate the impacts of the
changes to the Utilities Department’s organizational structure. Since contract meter
reading is a significant change to the current meter reading business model,
understanding impacts of the change may take additional time to work through before the
award of the contract.
The City also reserves the right to waive non-substantial irregularities in any proposal, to
reject any or all proposals, to reject or delete on e 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 ten (10)
calendar days after notice of contract award as a precondition to contract execution.
13. Business License & Tax. The Contractor must have a valid City of San Luis Obispo
business license and tax certificate before e xecution of the contract. Additional
information regarding the City's business license and tax program may be obtained by
calling (805) 781-7134.
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CONTRACT PERFORMANCE
14. Ability to Perform. The Contractor warrants that it possesses, or has arranged throug h
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.
15. Faithful Performance Bond Requirement. The proposer to whom the contract is
awarded (Contractor) shall execute the contract and furnish a surety bond in the amount
of 6 months of the annual contract price guaranteeing the faithful performance of the
contract, including any attorney's fees or other collection costs.
16. 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.
17. Payment of Taxes. The contract prices shall include full compensation for all taxes that
the Contractor is required to pay.
18. Permits and Licenses. The Contractor shall procure all permits and licenses, pay all
charges and fees, and give all notices necessary.
19. Safety Provisions. The Contractor shall conform to the rules and regulations pertaining
to safety established by OSHA and the California Division of Industrial Safety.
20. 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, sign s
and other devices and take such other protective measures as are necessary to prevent
accidents or damage or injury to the public and employees.
21. 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.
22. 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.
23. 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.
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24. 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.
25. 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).
26. 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.
27. 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.
28. 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.
29. Hold Harmless and Indemnification. The Contractor agrees to defend, indemnify,
protect and hold the City and its officials, 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.
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30. 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 t he
City.
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. This notice must give the
Contractor a ten (10) 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 (10)
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 work scope.
The City reserves the right to delay any such payment until completion or confirme d
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 propos al.
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Section C
PROPOSAL CONTENT AND SELECTION PROCESS
PROPOSAL CONTENT
1. Submittal Forms
a. Acknowledgement
b. Certificate of Insurance
c. References from at least three clients for whom you have provided similar services
d. Statement of Past Disqualifications
2. Personnel
a. An organizational chart of the firm, all key personnel assigned, the year the firm was established
and a description of the firm as an individual, partnership, corporation, joint venture, etc.
b. Experience of the staff in performing the requested services.
c. Name, address, telephone and email contact information of the person to whom correspondence
should be directed.
d. Resumes of the individuals that would be assigned to this project, to include the following:
Education and professional training.
Past experience with similar projects.
Position responsibilities for key personnel.
Name and telephone numbers of references.
3. Firm Qualifications
a. Experience of the contractor in performing similar services within the past 5 years. Provide work
summary,
4. Project Approach and General Information
a. Description of your approach to completing the work, including both your technical and services
management approach.
b. Services and data that will be provided to the City.
c. A list of all equipment and their specifications to be assigned to the proposed services.
d. Locations and addresses of business and facilities that will be used to provide services.
e. The proposer shall provide all regulatory permits required to implement the proposed beneficial
reuse plan. All permits shall be approved by the applicable regulatory agency. Permits currently
pending approval by the appropriate regulatory agencies may be considered assuming the
proposer can demonstrate to the satisfaction of the City that the permits will be obtained in a
manner that will not impact the time constraints of the project. All required permits will be required
prior to contract approval.
f. Warranties and/or guarantees that the firm will provide to the City regarding performance in
providing services.
g. Where and how your firm incorporates the elements of the WRRF charter in to the proposed
services.
h. Any information that would assist the City in making this contract award decision and/or
recommended modification to the scope of work that the proposer feels would be desirable.
i. How the proposer will coordinate with WRRF operations staff.
5. Proposed Compensation
a. Proposed compensation on a price per ton to satisfy all of the requirements specified herein.
b. An explanation and example of any base rate included in the proposed price per ton that
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includes, but is not limited to, an annual Customer Price Index (CPI) increase and/or a fuel
surcharge.
6. Proposal Length and Copies
a. Proposals should be the minimum length to provide the required information. Charts and other
short form approaches to conveying information are encouraged.
b. 5 copies of the proposal (printed double sided) must be submitted.
c. 1 pdf format electronic copy must be submitted on CD or flash drive.
PROPOSAL EVALUATION AND CONTRACTOR SELECTION
Proposals will be evaluated by a review committee and contract award process as follows:
7. Written Proposal Review/Finalist Candidate Selection
Proposals will be reviewed and evaluated by a selection committee based on the following criteria:
a. Quality, clarity and responsiveness of the proposal
b. Understanding of the work required by the City
c. Proposed approach in providing the service
d. Demonstrated competence and professional qualifications of the proposed team, including the
project manager and key team members
e. History of regulatory compliance
f. Reliability/flexibility of the proposal to provide the City with guaranteed biosolids beneficial reuse.
g. Proposed mechanism for beneficial reuse of biosolids. Preference may be given to those
proposals offering operational flexibility, local projects or locations, nexus with the WRRF charter.
h. Proposed approach for working effectively with the City staff
i. Degree of protection of the City from present and future liability regarding biosolids beneficial
reuse
j. Proposed approach in providing the service
k. Proposed schedule
l. References
m. Proposed fee
8. Proposal Review and Award Schedule
The following is an outline of the anticipated schedule for proposal review and contract award:
Issue RFP……………………………………………… 11/04/15
Receive proposals……………………………………. 12/10/15
Complete proposal evaluation………………………. 12/18/15
Finalize staff recommendation………………………. 12/21/15
Award and execute contract.………………………… 01/15/16
Start work………………………………………………. 02/01/16
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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 [CONTRACTOR’S NAME IN CAPITAL LETTERS],
hereinafter referred to as Contractor.
W I T N E S S E T H
WHEREAS, on [date], requested proposals for Management and Beneficial Reuse of Biosolids
per Specification No. 91429.
WHEREAS, pursuant to said request, Contractor submitted a proposal that was accepted by City
for said services.
NOW THEREFORE, in consideration of their mutual promises, obligations and covenants
hereinafter contained, the parties hereto agree as follows:
1. TERM. The term of this Agreement shall be from the date this Agreement is made and entered, as first
written above, for five years with the option to extend for an additional five years.
2. INCORPORATION BY REFERENCE. City Specification No. 91429 and Contractor's proposal dated
[date], are hereby incorporated in and made a part of this Agreement.
3. CITY'S OBLIGATIONS. For providing services as specified in City Specification No. 91429, City will
pay and Contractor shall receive therefor Contract compensation in a total sum not to exceed [$ .00 ]. [Estimated
Quantity Contract] payments based upon the actual quantities ordered and received by City and the unit prices bid by
Contractor. [Other Payment Method] department prepares appropriate contract language or refers to an exhibit "attached
hereto and incorporated into this Agreement.”
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 do everything required
by this Agreement and the said City Specification No. 91429.
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 of the City.
6. COMPLETE AGREEMENT. This written Agreement, including all writings specifically incorporated
herein by reference, shall constitute the complete agreement between the parties hereto. No oral agreement, understanding or
representation not reduced to writing and specifically incorporated herein shall be of an y force or effect, nor shall any such oral
agreement, understanding or representation be binding upon the parties hereto.
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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 City Clerk
City of San Luis Obispo
990 Palm 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 fir st above
written.
ATTEST: CITY OF SAN LUIS OBISPO
________________________________ By:_____________________________________
City Clerk City Manager
APPROVED AS TO FORM: CONTRACTOR
________________________________ By: _____________________________________
City Attorney
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Section E
PROPOSAL SUBMITTAL FORMS
ACKNOWLEDGEMENT
The undersigned declares that she or he:
Has carefully examined Specification No. 91429
Is thoroughly familiar with its content
Is authorized to represent the proposing firm; and
Agrees to perform the work as set forth in the specification and this proposal.
Firm Name and Address:
Contact Name:
Email:
Fax: Phone:
Signature of Authorized Representative:
Date:
INSURANCE CERTIFICATE
Insurance Company’s A.M. Best Rating
Certificate of insurance attached
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STATEMENT OF PAST CONTRACT DISQUALIFICATIONS
The Contractor shall state whether it or any of its officers or employees who have a proprietary interest in
it, has ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal,
state, or local government project because of the violation of law, a safety regulation, or for any other
reason, including but not limited to financial difficulties, project delays, or disputes regarding work or
product quality, and if so to explain the circumstances.
Do you have any disqualification as described in the above paragraph to
declare?
Yes No
If yes, explain the circumstances.
Executed on ______________________at _______________________________________ under
penalty of perjury of the laws of the State of California, that the foregoing is true and correct.
______________________________________
Signature of Authorized Contractor Representative
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 & Email
Street Address
City, State, Zip Code
Date of Services
Contract Amount
Description of Services
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Project Outcome
Reference No. 2
Customer Name
Contact Individual
Telephone & Email
Street Address
City, State, Zip Code
Date of Services
Contract Amount
Description of Services
Project Outcome
Reference No. 3
Customer Name
Contact Individual
Telephone & Email
Street Address
City, State, Zip Code
Date of Services
Contract Amount
Description of Services
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Project Outcome
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Section F
INSURANCE REQUIREMENTS: Operations and Maintenance
The 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.
Minimum Scope of Insurance. Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 20 10
Prior to 1993 or CG 20 10 07 04 with CG 20 37 10 01 or the exact equivalent as determined by
the City).
2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1
(any auto).
3. Workers' Compensation insurance as required by the State of California and Employer's Liability
Insurance.
Minimum Limits of Insurance. Contractor shall maintain limits no less than:
1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property
damage. If Commercial General Liability or other form with a general aggregate limit is used,
either the general aggregate limit shall apply separately to this project/location or the general
aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
3. Employer's Liability: $1,000,000 per accident for bodily injury or disease.
Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared
to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such
deductibles or self-insured retentions as respects the City, its officers, officials, employees and
volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be
endorsed to contain, the following provisions:
1. The City, its officers, officials, employees, agents and volunteers are to be covered as insureds
as respects: liability arising out of activities performed by or on behalf of the Contractor; products
and completed operations of the Contractor; premises owned, occupied or used by the
Contractor; or automobiles owned leased, hired or borrowed by the Contractor. The coverage
shall contain no special limitations on the scope of protection afforded to the City, its officers,
official, employees, agents or volunteers.
2. For any claims related to this project, the Contractor's insurance coverage shall be primary
insurance as respects the City, its officers, officials, employees, agents and volunteers. Any
insurance or self-insurance maintained by the City, its officers, officials, employees, agents or
volunteers shall be excess of the Contractor's insurance and shall not contribute with it.
3. 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.
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4. 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
required coverage. Original endorsements effecting general liability and automobile liability coverage are
also required by this clause. The endorsements are to be signed by a person authorized by that insurer
to bind coverage on its behalf. All endorsements are to be received and approved by the City before
work commences.
Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish
separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall
be subject to all of the requirements stated herein.
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Section G
APPENDICES
Appendix 1: Program Charter
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Appendix 2:
2014 ATTACHMENT I Page I-1
BIOSOLIDS SOURCE AND ANALYSIS RECORD
WDR 99-1 Table I
Source: Belt Press Cake Date of sample: 10/6/14
Wastewater Treatment Plant:
City of San Luis Obispo Water Reclamation Facility
Mailing Address:
35 Prado Road, San Luis Obispo CA, 93401
Contact Person:
Anne C. Fairchild
Phone:
805 781-7242
Method of pathogen reduction: Composting
Method of vector attraction reduction: Composting
(Reference methods to CFR Title 40, Part 503)
Constituent Concentrations
Constituent
Result
503
Exceptional
Quality Ceilings
Reporting Unit
or Method
Collection Date
Arsenic
ND
41
mg/kg, dry weight
10/6/2014
Cadmium
ND
39
mg/kg, dry weight 10/6/2014
Chromium
14.8
1200
mg/kg, dry weight 10/6/2014
Copper
399
1500
mg/kg, dry weight 10/6/2014
Lead
9.86
300
mg/k-, dry weight 10/6/2014
Mercury 0.417
17
mg/kg, dry weight 10/6/2014
Molybdenum 7.15
--
mg/kg, dry weight 10/6/2014
Nickel
14.7
420
mg/k-, dry weight 10/6/2014
Selenium
6.09
36
mg/kg, dry weight 10/6/2014
Zinc 572
2800
mg/kg, dry weight 10/6/2014
pH
7.8
10/6/2014
Total Solids content
26.7%
% 10/6/2014
Total Nitrogen
28400
mg/kg, dry weight 10/6/2014
Fecal Coliform
19100
MPN/gram 10/6/2014
Total Phosphorous, as P
11900
mg/kg, dry weight 10/6/2014
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Constituent
Result
503
Exceptional
Quality Ceilings
Reporting Unit
or Method
Collection Date
Various (PCB’s)
See
Attached Lab
EPA Method 8082 10/6/2014
Various Semi-Volatile Organics
See
Attached Lab
EPA Method
8270c
10/6/2014
C:\Documents and Settings\Jim.ENGELANDGRAY\Local Settings\Temporary Internet Files\OLK9E\AccepTestBlank.wpd
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