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HomeMy WebLinkAbout01-03-2017 Item 05 RFQ - Water and Wastewater Engineering Services Meeting Date: 1/3/2017 FROM: Carrie Mattingly, Director of Utilities Prepared By: Jennifer Metz, Utilities Projects Manager SUBJECT: REQUEST FOR QUALIFICATIONS – WATER AND WASTEWATER ENGINEERING SERVICES RECOMMENDATION 1. Approve the Request for Qualifications to provide Water and Wastewater Engineering Services, Specification No. 91537 and authorize staff to advertise the Request for Qualifications; and 2. Authorize the City Manager to execute agreements with selected consulting firms; and 3. Authorize the Finance Director to execute and amend Purchase Orders for individual consultant services contracts in an amount not-to-exceed the authorized project budget. DISCUSSION The City has used an on-call service approach for many years to assist with implementing priorities for operating, maintaining and improving its water and wastewater infrastructure. Consultants on the current on-call list have also been used to conduct specialized studies and investigations such as water tank inspections, water modelling, feasibility studies, energy analyses, and specialized engineering work. Identifying a list of prequalified on -call service consultants that provide engineering services specializing in water and wastewater issues and infrastructure will enable the Utilities Department to complete project delivery expectations. The Request for Qualifications (RFQ) generally draws local consulting firms. Consultants remain under contract for two years, and may be extended by mutual consent for an additional year. The RFQ model is used to identify the skill set of the consultants submitting qualifications and determine whether those skills align with the type of specialized water and wastewater work anticipated by the Utilities Department. This is in contrast to a Request for Proposals (RFP) model, which is project specific. After evaluating the RFQ submittal packages, top consultants in each specialized area will be selected to enter into an agreement with the City. Consultant selection will be based on the consultant’s demonstrated ability to provide engineering services specializing in water and wastewater, in a timely manner, with qualified staff. Once the selected consultants enter into an agreement with the City, their services on an individual project are implemented rapidly, without the need for an individual RFP. The consultants will operate under the conditions of the agreement included in the RFQ. Individual projects will be scoped by the Utilities Department. The project manager will work with the consultant to determine the final cost for engineering services. The specific project work will then be authorized via a Purchase Order through the Finance Department, referencing the signed agreement for the terms and conditions. Packet Pg. 49 5 FISCAL IMPACT The use of a competitive RFQ process to create an on-call services list streamlines the procurement process, saving staff and Council time and saving potential consultants the time and money it takes to propose on multiple individual projects. The RFQ process results in a list of pre-qualified consultants that can be called upon to perform specialized work on an as needed basis. Purchase orders authorize consultant project work under specific scopes of work within City Council-authorized project budgets. RFPs would continue to be issued on a case-by-case basis when specialized skills are needed that are not available through on-call contracts. ALTERNATIVE Individual Project RFPs. Council may desire to discontinue the use of on-call services for water and wastewater projects. Should Council choose this alternative, individual project Requests for Proposals would be issued for each project. Individual RFPs would come to City Council for approval. This approach would lengthen project timelines and cost. Attachments: a - 2017 Water Wastewater Engineering RFQ Packet Pg. 50 5 Notice Requesting Qualifications for Water and Wastewater Engineering Services Specification No. 91537 The City of San Luis Obispo is requesting qualification proposals from interested consultants to provide for Water and Wastewater Engineering Services pursuant to Specification No. 91537. The City proposes to select several qualified consultants to perform these services on an as- needed basis for specific individual projects for a contract term of approximately two years, and may be extended by mutual consent for an additional year. Description of Services In general, needed services consist of various engineering activities related to the City’s rate and fee studies, fund analyses, cost allocation, operation, maintenance and capital improvement programs for its water and wastewater infrastructure. Selected Consultants will prepare high- quality reports, technical studies, construction plans and specifications, schedules, and other engineering services in accordance with City requirements and standards. Qualification Proposal Deadline All qualification proposal must be received by the City of San Luis Obispo Finance Department at 955 Palm Street, San Luis Obispo, CA 93401 by 2:00 P.M. on February 9, 2017. Submittals received after said time will not be considered. To guard against premature opening, each qualification proposal shall be submitted to the Utilities Department in a sealed envelope plainly marked with the following:  RFQ title  Specification number  Consultant name  Time and date of the opening Qualification proposals shall be submitted using the forms provided in the specification package. Obtaining a Specification Package  Download from the City’s Web site www.slocity.org - Doing Business / Bids & Proposals page.  Pick up a copy of the RFQ at the above address A list of companies that have requested a copy of the RFQ is maintained on the web page. Questions Contact Jennifer Metz at (805) 781-7239 or jmetz@slocity.org with any questions regarding this Request for Qualifications. Disadvantaged Business Participation DBE and other small businesses as defined in Title 49 CFR 26, are encouraged to participate in the performance of agreements financed in whole or in part with federal funds. Packet Pg. 51 5 Water and Wastewater Engineering Services Page 2 of 25 Specification No. 91537 TABLE OF CONTENTS SECTION A DESCRIPTION OF WORK ....................................................................................................................... 3 SECTION B GENERAL TERMS AND CONDITIONS ................................................................................................. 5 SECTION C QUALIFICATION CONTENT AND SELECTION PROCESS .............................................................. 7 QUALIFICATION CONTENT ................................................................................................... 7 QUALIFICATION EVALUATION AND CONSULTANT SELECTION ....................................... 7 SECTION D FORM OF AGREEMENT .......................................................................................................................... 9 SECTION E SUBMITTAL FORMS ............................................................................................................................... 19 ACKNOWLEDGEMENT ........................................................................................................ 19 INSURANCE CERTIFICATE ................................................................................................. 19 STATEMENT OF PAST CONTRACT DISQUALIFICATIONS ............................................... 20 REFERENCES ..................................................................................................................... 20 SECTION F INSURANCE REQUIREMENTS: Consultant Services ...................................................................... 23 SECTION G APPENDICES ........................................................................................................................................... 25 APPENDIX 1: Federally Funded Contract Forms .................................................................. 25 Packet Pg. 52 5 Water and Wastewater Engineering Services Page 3 of 25 Specification No. 91537 Section A DESCRIPTION OF WORK The City of San Luis Obispo’s Utilities Department is looking for consultants interested in providing Water and Wastewater Engineering Services necessary to operate, maintain and improve its water and wastewater infrastructure. Background The City is requesting qualifications from qualified consultants to provide Water and Wastewater Engineering Services. The City is interested in generating a list of qualified consultants specializing in this type of work to draw from as needed to supplement existing staff expertise. While the exact list of the City’s future Water and Wastewater Engineering Services is unknown at this time, consultants should expect these services will be required to help facilitate the City’s water, wastewater, and Whale Rock enterprise funds operations, maintenance and capital improvement plan work. The City’s existing Capital Improvement Plan may be found on the City’s website: http://www.slocity.org/Home/ShowDocument?id=7563 Staff anticipates that the City’s water, wastewater, and Whale Rock 2017-19 Capital Improvement Plan will be similar in variety and scope to the 2015-17 Plan. The successful consultants will be expected to perform the types of services outlined in this request. Work Scope – Water and Wastewater Engineering Services The consultant(s) selected will be responsible to perform the necessary work to deliver a high quality projects or work items consistent with current policies and procedures. Necessary work may include studies, investigations, design, plan review, surveying, schedules, modeling, or other engineering analysis, construction management services, or reports to support development of project plans, specifications or work programs. The City encourages engineering firms that specialize in specific services such as water, wastewater, energy or separate, but applicable, technical fields, to submit qualifications as specialty engineering services. The City may, at its sole discretion, add specialty service categories to the Engineering Services on call list. The outline below is meant to clarify the consultant’s role, but not be an all-inclusive list of every task needed to achieve the work product. A City staff person will be assigned as your contact for each individual project. 1. Attend scoping meeting with project proponent. 2. Submit a detailed work scope including: a. list of key work items b. schedule which includes required turn-around times for City staff input and products c. list of any sub-consultants needed for the work d. cost proposal which is subject to negotiation Packet Pg. 53 5 Water and Wastewater Engineering Services Page 4 of 25 Specification No. 91537 3. Obtain information by: a. completing research of City archives of record drawings, b. contacting affected utility companies, c. performing facility investigation, d. researching code requirements e. any other record searches required to complete the work. 4. Complete preliminary reports or studies, if required in the project scope. 5. Engage in public review process as required in the work scope. 6. Prepare and submit initial 50%, 90%, and 100% documents (such as plans, specifications, schedules, and construction estimates), or at other defined intervals, for City review and comment. Address comments. 7. If applicable, submit plans to the Building Division for building permits, addressing comments and resubmitting as needed. 8. Prepare and submit completed approved bid package including plans, specifications, schedule and construction estimates signed and stamped by the professional of record. 9. Receive red line plans after construction work is complete and prepare record plans and submit to City. 10. Review, analyze and provide comments on draft documents (such as but not limited to: studies, investigations, surveying, modeling, plans, specifications, schedules, construction estimates, Request for Information (RFI), Request for Proposal (RFP), and change orders) for City review and comment. 11. Plans must be completed using AutoCAD software and compliant with City Engineering Standards Appendix F, including: a. borders b. layer name c. layer color d. layer line weight City Staff will typically complete, or manage through others, the following items: 1. Obtain the environmental document. 2. Pay all permit fees. 3. Obtain permits for creek-related work from regulatory agencies. 4. Complete staff reports for approval. 5. Advertise and award construction contracts. 6. Provide construction management. This work may be assigned to the consultant depending upon consultant’s capabilities, available City staffing and available funding. Packet Pg. 54 5 Water and Wastewater Engineering Services Page 5 of 25 Specification No. 91537 Section B GENERAL TERMS AND CONDITIONS SUBMITTAL REQUIREMENTS 1. Requirement to Meet All Provisions. Each individual or firm submitting qualifications (Consultant) shall meet all of the terms, and conditions of the Request for Qualifications (RFQ) specifications package. By virtue of its submittal, the Consultant acknowledges agreement with and acceptance of all provisions of the RFQ specifications. 2. Qualification Proposals. Each qualification proposal must be made on the form(s) provided in the specifications and accompanied by any other required submittals or supplemental materials. Qualification proposals shall be enclosed in an envelope that shall be sealed and addressed to the City of San Luis Obispo Finance Department, 955 Palm Street, San Luis Obispo, CA, 93401. Each qualification proposal shall include one electronic copy of the material in Adobe Acrobat format on Universal Serial Bus (USB) Flash Drive. In order to guard against premature opening, the qualification proposal should be clearly labeled with the title, specification number, name of Consultant, and date and time of opening. No FAX submittals will be accepted. 3. Insurance Certificate. Each qualification 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 Consultant’s insurance coverage during submittal evaluation; as discussed under paragraph 13 below, endorsements are not required until contract award. The City’s insurance requirements are detailed in Section F. 4. Submittal of References. Each proposer shall submit a statement of qualifications and references on the form provided in Section E of these specifications. 5. Statement of Contract Disqualifications. Each proposer shall submit a statement regarding any past government disqualifications on the form provided in Section E of these specifications. 6. Qualification Proposal Withdrawal and Opening. A Consultant may withdraw its qualification proposal, without prejudice prior to the time specified for the opening, by submitting a written request to the City Engineer for its withdrawal, in which event the submittal will be returned to the Consultant unopened. No submittal received after the time specified or at any place other than that stated in the "Notice Requesting Qualifications" will be considered. All submittals will be opened and declared publicly. Consultants or their representatives are invited to be present at the opening of the qualification proposals. 7. 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. Packet Pg. 55 5 Water and Wastewater Engineering Services Page 6 of 25 Specification No. 91537 CONTRACT AWARD AND EXECUTION 8. Qualification Proposal Retention and Award. The City reserves the right to retain all qualification proposals for a period of 60 days for examination and comparison. The City also reserves the right to waive non-substantial irregularities in any qualification proposal, to reject any or all qualification proposals, to reject or delete one part of a qualification proposal and accept the other, except to the extent that proposals are qualified by specific limitations. See the "Special Terms and Conditions" in of these specifications for evaluation and contract award criteria. 9. Competency and Responsibility of Consultant. The City reserves full discretion to determine the competence and responsibility, professionally and/or financially, of Consultants. Consultants will provide, in a timely manner, all information that the City deems necessary to make such a decision. 10. Contract Requirement. The Consultant to whom award is made (Consultant) shall execute a written contract with the City within ten (10) calendar days after notice of the award has been sent by mail to it at the address given in its qualification proposal. The contract shall be made in the form adopted by the City and incorporated in these specifications. 11. Insurance Requirements. The Consultant shall provide proof of insurance in the form, coverages and amounts specified in Section F of these specifications within 10 (ten) calendar days after notice of contract award as a precondition to contract execution. 12. Business License & Tax. The Consultant must have a valid City of San Luis Obispo business license and tax certificate before execution of the contract. Additional information regarding the City's business license and tax program may be obtained by calling (805) 781- 7134. 13. Failure to Accept Contract. The following will occur if the Consultant to whom the award is made (Consultant) fails to enter into the contract: the award will be annulled; any bid security will be forfeited in accordance with the special terms and conditions if a Consultant's bond or security is required; and an award may be made to the next highest ranked Consultant with whom a responsible compensation is negotiated, who shall fulfill every stipulation as if it were the party to whom the first award was made. Packet Pg. 56 5 Water and Wastewater Engineering Services Page 7 of 25 Specification No. 91537 Section C QUALIFICATION PROPOSAL CONTENT AND SELECTION PROCESS QUALIFICATION PROPOSAL CONTENT 1. Submittal Forms a. Acknowledgement b. Certificate of Insurance c. References d. Statement of Past Disqualifications 2. Qualifications a. Experience of your firm in performing Water and Wastewater Engineering Services for government clients and facilities, any other qualifications or specialties which you make your firm well-suited in assisting the City in engineering work other similar activities. b. Experience of the staff to be assigned to this work in performing Water and Wastewater Engineering Services. c. Redundancy in the company of staff experienced in this type of work. d. Resumes of the individuals who would be assigned to this work. e. Proximity and staffing levels of the nearest company office. f. Statement and explanation of any instances where your firm has been removed from a project or disqualified from proposing on a project. g. Standard hourly billing rates for consultant and sub-consultant staff. h. Detailed list of services available directly from your firm. 3. Work Program a. Description of your approach to working with City staff to achieve their goal of completing the assigned Water and Wastewater Engineering Services on schedule. b. Services or data anticipated to be provided by the City. c. Any other information that would assist us in making this contract award decision. 4. Qualification Proposal Length and Copies a. Qualification proposals should be the minimum length to provide the required information. Charts and other short form approaches to conveying information are encouraged. b. Six copies of the qualification proposal must be submitted. c. One PDF format electronic copy must be submitted on a USB Flash Drive. QUALIFICATION PROPOSAL EVALUATION AND CONSULTANT SELECTION Qualification proposals will be evaluated by a review committee and contract award process as follows: Packet Pg. 57 5 Water and Wastewater Engineering Services Page 8 of 25 Specification No. 91537 5. Written Proposal Review/Finalist Candidate Selection Evaluation of the qualification proposals will be based on the following: 1. Understanding of the desired Water and Wastewater Engineering Services. 2. Demonstrated competence, professional qualifications of proposed staff. 3. Recent experience in successfully performing similar Water and Wastewater Engineering Services. 4. Ability to respond quickly to work requests. Qualification proposals will be reviewed by a selection committee and ranked in accordance with the above criteria. Where one or more qualification proposals are rated consistently higher than others, the consultants may be selected as the top ranked consultants for purposes of contract negotiation. Alternatively, a group of finalist candidates (generally the top 3 to 5 five proposers) may be selected for follow-up interviews and presentations, or requests for additional clarifying information, before the final top ranked consultants for contract negotiation are determined. 6. Qualification Proposal Review and Award Schedule The following is an outline of the anticipated schedule for qualification proposal review and contract award: Issue RFQ ........................................... January 4, 2017 Receive qualification proposals .......... February 9, 2017 Complete evaluation ......................... February 24, 2017 Award contract ..................................... March 13, 2017 Packet Pg. 58 5 Water and Wastewater Engineering Services Page 9 of 25 Specification No. 91537 Section D FORM OF AGREEMENT AGREEMENT THIS AGREEMENT is made and entered into in the City of San Luis Obispo on [day, date, year] by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and [CONSULTANT’S NAME IN CAPITAL LETTERS], hereinafter referred to as Consultant. W I T N E S S E T H WHEREAS, on January 4, 2017, the City requested qualification proposals for Water and Wastewater Engineering Services per Specification No. 91537. WHEREAS, pursuant to said request, Consultant 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, until acceptance or completion of said services. 2. Contract Term for On-Call Service Contracts. The Water and Wastewater Engineering Services identified in this specification will be used by the City between March 2017 and March 2019. 3. Contract Extension and Cost Increases for On-call Service Contracts. The term of the contract may be extended by mutual consent for an additional year. During this extended period, labor rates may be increased to reflect increased labor costs and overhead at each one-year contract anniversary, provided the City is notified of the increases in advance. Rates may be increased to reflect actual cost increases up to a percentage equal to the percentage increase in the U.S. Consumer Price Index/All Urban Consumers (CPI-U) from March in the previous year to March in the year of adjustment upon request of Contractor. 4. Work Delays. Should the Consultant be obstructed or delayed in the work required to be done hereunder by changes in the work or by any default, act, or omission of the City, or by strikes, fire, earthquake, or any other Act of God, or by the inability to obtain materials, equipment, or labor due to federal government restrictions arising out of defense or war programs, then the time of completion may, at the City's sole option, be extended for such periods as may be agreed upon by the City and the Consultant. In the event that there is insufficient time to grant such extensions prior to the completion date of the contract, the City may, at the time of acceptance of the work, waive liquidated damages 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. 5. Termination. If, during the term of the contract, the City determines that the Consultant is not faithfully abiding by any term or condition contained herein, the City may notify the Consultant Packet Pg. 59 5 Water and Wastewater Engineering Services Page 10 of 25 Specification No. 91537 in writing of such defect or failure to perform. This notice must give the Consultant a 10 (ten) calendar day notice of time thereafter in which to perform said work or cure the deficiency. If the Consultant has not performed the work or cured the deficiency within the ten days specified in the notice, such shall constitute a breach of the contract and the City may terminate the contract immediately by written notice to the Consultant to said effect. Thereafter, neither party shall have any further duties, obligations, responsibilities, or rights under the contract except, however, any and all obligations of the Consultant's surety shall remain in full force and effect, and shall not be extinguished, reduced, or in any manner waived by the termination thereof. In said event, the Consultant shall be entitled to the reasonable value of its services performed from the beginning date in which the breach occurs up to the day it received the City's Notice of Termination, minus any offset from such payment representing the City's damages from such breach. "Reasonable value" includes fees or charges for goods or services as of the last milestone or task satisfactorily delivered or completed by the Consultant as may be set forth in the Agreement payment schedule; compensation for any other work, services or goods performed or provided by the Consultant shall be based solely on the 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 confirmed abandonment of the project, as may be determined in the City's sole discretion, so as to permit a full and complete accounting of costs. In no event, however, shall the Consultant be entitled to receive in excess of the compensation quoted in its proposal. The City also reserves the right to terminate the contract for convenience, providing a 30 (thirty) calendar day notice, at any time upon a determination by the Director that termination of the contract is in the best interest of the City. In this case the Consultant will be paid compensation due and payable to the date of termination. 6. Ability to Perform. The Consultant warrants that it possesses, or has arranged through subcontracts, all capital and other equipment, labor, materials, and licenses necessary to carry out and complete the work hereunder in compliance with any and all applicable federal, state, county, city, and special district laws, ordinances, and regulations. 7. Sub-contract Provisions. No portion of the work pertinent to this contract shall be subcontracted without written authorization by the City, except that which is expressly identified in the Consultant’s qualification proposal. Any substitution of sub-consultants must be approved in writing by the City. For any sub-contract for services in excess of $25,000, the subcontract shall contain all provisions of this agreement. 8. Contract Assignment. The Consultant shall not assign, transfer, convey or otherwise dispose of the contract, or its right, title or interest, or its power to execute such a contract to any individual or business entity of any kind without the previous written consent of the City. 9. Inspection. The Consultant shall furnish City with every reasonable opportunity for City to ascertain that the services of the Consultant are being performed in accordance with the requirements and intentions of this contract. All work done and all materials furnished, if any, shall be subject to the City's inspection and approval. The inspection of such work shall not relieve Consultant of any of its obligations to fulfill its contract requirements. Packet Pg. 60 5 Water and Wastewater Engineering Services Page 11 of 25 Specification No. 91537 10. Record Retention and Audit. For the purpose of determining compliance with various laws and regulations as well as performance of the contract, the Consultant and sub-consultants shall maintain all books, documents, papers, accounting records and other evidence pertaining to the performance of the contract, including but not limited to the cost of administering the contract. Materials shall be made available at their respective offices at all reasonable times during the contract period and for three years from the date of final payment under the contract. Authorized representatives of the City shall have the option of inspecting and/or auditing all records. For Federally funded projects, access to records shall also include authorized representatives of the State and Federal government. Copies shall be furnished if requested. 11. Conflict of Interest. The Consultant shall disclose any financial, business, or other relationship with the City that may have an impact upon the outcome of this contract, or any ensuing City construction project. The Consultant shall also list current clients who may have a financial interest in the outcome of this contract, or any ensuing City construction project which will follow. The Consultant staff shall provide a Conflict of Interest Statement where determined necessary by the City. The Consultant 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 Consultant further covenants that, in the performance of this work, no sub-consultant or person having such an interest shall be employed. The Consultant certifies that no one who has or will have any financial interest in performing this work is an officer or employee of the City. It is hereby expressly agreed that, in the performance of the work hereunder, the Consultant shall at all times be deemed an independent Consultant and not an agent or employee of the City. 12. Rebates, Kickbacks or Other Unlawful Consideration. The Consultant warrants that this contract was not obtained or secured through rebates, kickbacks or other unlawful consideration, either promised or paid to any City employee. For breach or violation of the warranty, the City shall have the right in its discretion; to terminate the contract without liability; to pay only for the value of the work actually performed; to deduct from the contract price; or otherwise recover the full amount of such rebate, kickback or other unlawful consideration. 13. Covenant Against Contingent Fees. The Consultant warrants by execution of this contract that no person or selling agency has been employed, or retained, to solicit or secure this contract upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Consultant for the purpose of securing business. For breach or violation of this warranty, the City has the right to annul this contract without liability; pay only for the value of the work actually performed, or in its discretion, to deduct from the contract price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee. 14. Compliance with Laws and Wage Rates. The Consultant shall keep itself fully informed of and shall observe and comply with all applicable state and federal laws and county and City of San Luis Obispo ordinances, regulations and adopted codes during its performance of the work. This includes compliance with prevailing wage rates and their payment in accordance with California Labor Code. For purposed of this paragraph, “construction” includes work performed during the design and preconstruction phases of construction, including but not limited to, inspection and land surveying work. Packet Pg. 61 5 Water and Wastewater Engineering Services Page 12 of 25 Specification No. 91537 15. Payment of Taxes. The contract prices shall include full compensation for all taxes that the Consultant is required to pay. 16. Permits, Licenses and Filing Fees. The Consultant shall procure all permits and licenses, pay all charges and fees, and file all notices as they pertain to the completion of the Consultant’s work. The City will pay all application fees for permits required for the completion of the project including building and regulatory permit application fees. Consultant will provide a 10-day notice for the City to issue a check. 17. Safety Provisions. The Consultant shall conform to the rules and regulations pertaining to safety established by OSHA and the California Division of Industrial Safety. 18. Public and Employee Safety. Whenever the Consultant's operations create a condition hazardous to the public or City employees, it shall, at its expense and without cost to the City, furnish, erect and maintain such fences, temporary railings, barricades, lights, signs and other devices and take such other protective measures as are necessary to prevent accidents or damage or injury to the public and employees. 19. Preservation of City Property. The Consultant shall provide and install suitable safeguards, approved by the City, to protect City property from injury or damage. If City property is injured or damaged resulting from the Consultant's operations, it shall be replaced or restored at the Consultant's expense. The facilities shall be replaced or restored to a condition as good as when the Consultant began work. 20. Immigration Act of 1986. The Consultant warrants on behalf of itself and all sub-consultants 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. 21. Consultant Non-Discrimination. In the award of subcontracts or in performance of this work, the Consultant agrees that it will not engage in, nor permit such sub-consultants as it may employ, to engage in discrimination in employment of persons on any basis prohibited by State or Federal law. 22. Accuracy of Specifications. The specifications for this project are believed by the City to be accurate and to contain no affirmative misrepresentation or any concealment of fact. Consultants are cautioned to undertake an independent analysis of any test results in the specifications, as City does not guaranty the accuracy of its interpretation of test results contained in the specifications package. In preparing its qualification proposal, the Consultant and all sub-consultants named shall bear sole responsibility for preparation errors resulting from any misstatements or omissions in the specifications that could easily have been ascertained by examining either the project site or accurate test data in the City's possession. Although the effect of ambiguities or defects in the specifications will be as determined by law, any patent ambiguity or defect shall give rise to a duty of Consultant to inquire prior to submittal of the qualification proposal. Failure to so inquire shall cause any such ambiguity or defect to be construed against the Consultant. An ambiguity or defect shall be considered patent if it is of such a nature that the Consultant, assuming reasonable skill, ability and diligence on its part, knew or should have known of the existence of the ambiguity or defect. Furthermore, failure of the Consultant or sub-consultants to notify City in writing of specification defects or Packet Pg. 62 5 Water and Wastewater Engineering Services Page 13 of 25 Specification No. 91537 ambiguities prior to submittal of the qualification proposal shall waive any right to assert said defects or ambiguities subsequent to submittal of the qualification proposal. To the extent that these specifications constitute performance specifications, the City shall not be liable for costs incurred by the successful Consultant to achieve the project’s objective or standard beyond the amounts provided therefor in the qualification proposal. In the event that, after awarding the contract, any dispute arises as a result of any actual or alleged ambiguity or defect in the specifications, or any other matter whatsoever, Consultant shall immediately notify the City in writing, and the Consultant and all sub-consultants shall continue to perform, irrespective of whether or not the ambiguity or defect is major, material, minor or trivial, and irrespective of whether or not a change order, time extension, or additional compensation has been granted by City. Failure to provide the hereinbefore described written notice within one (1) working day of Consultant's becoming aware of the facts giving rise to the dispute shall constitute a waiver of the right to assert the causative role of the defect or ambiguity in the plans or specifications concerning the dispute. Packet Pg. 63 5 Water and Wastewater Engineering Services Page 14 of 25 Specification No. 91537 23. Indemnification for Professional Liability. To the fullest extent permitted by law, the Consultant shall indemnify, protect, defend and hold harmless the City and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all losses, liabilities, damages, costs and expenses, including attorney’s fees and cost which arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 24. Non-Exclusive Contract. The City reserves the right to contract for the services listed in this RFQ from other consultants during the contract term. 25. Standards. Documents shall conform to City Standards and City furnished templates shall be used. 26. Consultant Endorsement. Technical reports, plans and specifications shall be stamped and signed by the Consultant where required. 27. Required Deliverable Products and Revisions. The Consultant will be required to provide documents addressing all elements of the work scope. Plans shall be prepared using City’s standardized title blocks and coversheets. Draft plans may be submitted for review using either the full D (24 x 36) format or a reduced 11 x 17 format. Consultant shall ensure that drawings and notes are clearly legible if using the reduced format. Specifications and bid documents shall conform to standard City formats unless authorized. The City’s current Standard Specifications and Engineering Standards must be incorporated where applicable. City staff will review any documents or materials provided by the Consultant and, where necessary, the Consultant will respond to staff comments and make such changes as deemed appropriate. Submittals shall include the previous marked up submittal (returned to the Consultant) to assist in the second review. Changes shall be made as requested or a notation made as to why the change is not appropriate. 2 copies of the draft preliminary reports, technical studies and 50% plans and estimate 1 copy of the final preliminary reports, technical studies plus markups 2 copies of the 90% plans, specifications and estimate plus 50% markups 1 copy of the 100% plans, specifications and estimate plus 90% markups 1 copy of the final plans, specifications and estimates plus 100% markups 1 copy of the final record drawings after construction Draft reports and plan submittals shall be submitted as paper copies or electronic files as determined by the City’s Project Manager. Final documents shall be submitted as camera-ready original, unbound, each page printed on only one side, including any original graphics in place and scaled to size, ready for reproduction AND one electronic copy submitted in Adobe Acrobat format including all original stamps and signatures. In the event the City will be compiling the final specifications, incorporating the Consultant’s work, the final specifications will also be required to be submitted in Microsoft Word format. In the event the City will be completing the Record Drawings, the final plans will also be required to be submitted in AutoCAD Packet Pg. 64 5 Water and Wastewater Engineering Services Page 15 of 25 Specification No. 91537 Electronic files shall be submitted on a USB Flash Drive and all files must be compatible with the Microsoft operating system. 28. Ownership of Materials. Upon completion of all work under this contract, ownership and title to all reports, documents, plans, specifications, and estimates produced as part of this contract will automatically be vested in the city and no further agreement will be necessary to transfer ownership to the City. The Consultant shall furnish the City all necessary copies of data needed to complete the review and approval process. It is understood and agreed that all calculations, drawings and specifications, whether in hard copy or machine readable form, are intended for one-time use in the construction of the project for which this contract has been entered into. The Consultant is not liable for claims, liabilities, or losses arising out of, or connected with the modification, or misuse by the City of the machine-readable information and data provided by the Consultant under this agreement. Further, the Consultant is not liable for claims, liabilities, or losses arising out of, or connected with any use by City of the project documentation on other projects, except such use as may be authorized in writing by the Consultant. 29. Release of Reports and Information. Any reports, information, data, or other material given to, prepared by or assembled by the Consultant as part of the work or services under these specifications shall be the property of City and shall not be made available to any individual or organization by the Consultant without the prior written approval of the City. The Consultant shall not issue any news release or public relations item of any nature, whatsoever, regarding work performed or to be performed under this contract without prior review of the contents thereof by the City and receipt of the City’s written permission. 30. Copies of Reports and Information. If the City requests additional copies of reports, drawings, specifications, or any other material in addition to what the Consultant is required to furnish in limited quantities as part of the work or services under these specifications, the Consultant shall provide such additional copies as are requested, and City shall compensate the Consultant for the costs of duplicating of such copies at the Consultant's direct expense. 31. Attendance at Meetings And Hearings. As part of the work scope and included in the contract price is attendance by the Consultant at up to one public meeting to present and discuss its findings and recommendations. Consultant shall attend as many "working" meetings with staff as necessary in performing work scope tasks. 32. Requests for Review. The Consultant shall respond to all requests for submittal review or contractor RFI’s within two weeks of receipt of the information from the City. 33. Project Proposal Submittal. Upon completion of the project scoping meeting, the Consultant shall submit a proposed work scope, compensation and schedule within 10 working days. The cost proposal shall include all costs including miscellaneous direct cost items. 34. Consultant Invoices. The Consultant shall deliver a monthly invoice to the City, itemized by project work phase or, in the case of on-call contracts, by project title. Invoice must include a breakdown of hours billed and miscellaneous charges and any sub-consultant invoices, similarly broken down, as supporting detail. Packet Pg. 65 5 Water and Wastewater Engineering Services Page 16 of 25 Specification No. 91537 35. Payment. For providing services as specified in this Agreement, City will pay and Consultant shall receive therefore compensation in a total sum not to exceed the individual agreed upon project fee. Should the Consultant’s designs, drawings or specifications contain errors or deficiencies, the Consultant shall be required to correct them at no increase in cost to the City. For on-call services, the City will pay and the Consultant shall receive compensation as agreed to on a project by project basis. The Consultant shall be reimbursed for hours worked at the hourly rates attached to this agreement. Hourly rates include direct salary costs, employee benefits, overhead and fee. In addition, the Consultant shall be reimbursed for direct costs other than salary and vehicle cost that have been identified and are attached to this agreement. The Consultant’s personnel shall be reimbursed for per diem expenses at a rate not to exceed that currently authorized for State employees under State Department of Personnel Administration rules. 36. Payment Terms. The City's payment terms are 30 days from the receipt and approval by the City of an original invoice and acceptance by the City of the materials, supplies, equipment or services provided by the Consultant (Net 30). 37. Resolution of Disputes. Any dispute, other than audit, concerning a question of fact arising under this contract that is not disposed of by agreement shall be decided by a committee consisting of the City’s Project Manager and the City Director of Public Works, who may consider written or verbal information submitted by the Consultant. Not later than thirty days after completion of all deliverables necessary to complete the plans, specifications and estimate, the Consultant may request review by the City Council of unresolved claims or disputes, other than audit, in accordance with Chapter 1.20 Appeals Procedure of the Municipal Code. Any dispute concerning a question of fact arising under an audit of this contract that is not disposed of by agreement, shall be reviewed by the City’s Chief Fiscal Officer. Not later than 30 days after issuance of the final audit report, the Consultant may request a review by the City’s Chief Fiscal Officer of unresolved audit issues. The request for review must be submitted in writing. Neither the pendency of a dispute, nor its consideration by the City will excuse the consultant from full and timely performance in accordance with the terms of this contract. 38. Disadvantaged Business Enterprise (DBE) Use for Federally Funded Projects. This agreement is subject to Title 49, Part 26 Code of Federal Regulations entitled “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs” when project work is for a federally funded project. In order to ensure the State Department of Transportation achieves its federally mandated statewide overall DBE goal, the City encourages the participation of DBEs as defined in 49 CFR 26 in the performance of this agreement. The City will make a determination on a project by project basis for reasonably expected DBE participation to compete for the sub-consulting opportunities in this agreement. The Consultant is responsible to be fully informed regarding the requirements of 49 CFR, Part 26 The Consultant shall notify the City of any changes to its anticipated DBE participation on federally funded projects, maintain records of DBE usage and complete and submit to the City Packet Pg. 66 5 Water and Wastewater Engineering Services Page 17 of 25 Specification No. 91537 the final report of DBE utilization prior to receiving final payment. Records shall show the name and business address of each DBE and the total dollar amount actually paid to each. The Consultant shall pay all sub-consultants within 10 calendar days from receipt of each payment made to the Consultant by the City. The Consultant shall carry out applicable requirements of Title 49 CFR 26 in the award and administration of US DOT assisted agreements. Failure by the Consultant to carry out these requirements is a material breach of this agreement, which may result in the termination of this agreement or such other remedy as the City deems appropriate. 39. Agreement Parties. City: Carrie Mattingly, Director of Utilities City of San Luis Obispo 879 Morro Street San Luis Obispo, CA 93401 Consultant: All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail addressed as shown above. 40. Incorporation by Reference. City Request for Qualifications Specification No. 91537 and Consultant's qualification proposal dated _________, are hereby incorporated in and made a part of this Agreement. 41. 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 Engineer. 42. Working Out of Scope. If, at any time during the project, the consultant is directed to do work by persons other than the City Project Manager and the Consultant believes that the work is outside of the scope of the original contract, the Consultant shall inform the Project Manager immediately. If the Project Manager and Consultant both agree that the work is outside of the project scope and is necessary to the successful completion of the project, then a fee will be established for such work based on Consultant's hourly billing rates or a lump sum price agreed upon between the City and the Consultant. Any extra work performed by Consultant without prior written approval from the City Project Manager shall be at Consultant's own expense. 43. 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. For and in consideration of the payments and agreements hereinbefore mentioned to be made and performed by City, Consultant agrees with City to do everything required by this Agreement, the said specification and incorporated documents. Authority to Execute Agreement. Both City and Consultant do covenant that each individual executing this agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such party. Packet Pg. 67 5 Water and Wastewater Engineering Services Page 18 of 25 Specification No. 91537 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written. CITY OF SAN LUIS OBISPO: CONSULTANT: __________________________________ _ Name of Company By: __________________________________ _ Katie Lichtig, City Manager Name of CAO/President Its: CAO/President APPROVED AS TO FORM: __________________________________ _ Christine Dietrick, City Attorney Packet Pg. 68 5 Water and Wastewater Engineering Services Page 19 of 25 Specification No. 91537 Section E SUBMITTAL FORMS ACKNOWLEDGEMENT The undersigned declares that she or he:  Has carefully examined Specification No. 91537  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 qualification 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 Packet Pg. 69 5 Water and Wastewater Engineering Services Page 20 of 25 Specification No. 91537 STATEMENT OF PAST CONTRACT DISQUALIFICATIONS The Consultant 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 Consultant 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 Packet Pg. 70 5 Water and Wastewater Engineering Services Page 21 of 25 Specification No. 91537 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 Packet Pg. 71 5 Water and Wastewater Engineering Services Page 22 of 25 Specification No. 91537 Project Outcome Packet Pg. 72 5 Water and Wastewater Engineering Services Page 23 of 25 Specification No. 91537 Section F INSURANCE REQUIREMENTS: Consultant Services The Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees or sub-consultants. 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. 4. Errors and Omissions Liability insurance as appropriate to the consultant's profession. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 3. Employer's Liability: $1,000,000 per accident for bodily injury or disease. 4. Errors and Omissions Liability: $1,000,000 per occurrence. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant 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 Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. 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 Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, em ployees, agents and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3. The Consultant'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. 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 Packet Pg. 73 5 Water and Wastewater Engineering Services Page 24 of 25 Specification No. 91537 after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. The Consultant agrees to notify the City in the event that the policy is suspended, voided or reduced in coverage or limits. A minimum of 30 days prior written notice by certified mail, return receipt requested, will be provided. 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. Consultant shall furnish the City with a certificate of insurance showing maintenance of the required insurance coverage. Original endorsements effecting general liability and automobile liability coverage required by this clause must also be provided. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences. Packet Pg. 74 5 Water and Wastewater Engineering Services Page 25 of 25 Specification No. 91537 Section G APPENDICES Appendix 1: Federally Funded Contract Forms Caltrans Local Assistance Procedures Manual requires the Consultant and the City to complete reporting forms for Federally Funded Contracts on a project-by-project basis. At the time of federal project initiation, the Consultant will be required to furnish information to the City in order for the City to complete the require Local Agency Forms. The Consultant must complete and furnish to the City the forms required to be completed by the Consultant prior to the issuance of the project Purchase Order. Local Assistance Procedures Manual forms may be obtained from the Caltrans website: http://www.dot.ca.gov/hq/LocalPrograms/lam/forms/lapmforms.htm . Required forms include: 1. Exhibit 10-A: A&E Consultant Audit Request Letter and Checklist 2. Exhibit 10-B: Suggested Consultant Evaluation Sheet 3. Exhibit 10-C: Consultant Contract Reviewers Checklist 4. Exhibit 10-H: Sample Cost Proposal 5. Exhibit 10-I: Notice to Proposers DBE Information 6. Exhibit 10-K: Consultant Certification of Costs and Financial Management System 7. Exhibit 10-O1: Consultant Proposal DBE Commitment 8. Exhibit 10-O2: Consultant Contract DBE Information (Word version) 9. Exhibit 10-Q: Disclosure of Lobbying Activities 10. Exhibit 10-R: A&E Sample Contract Language 11. Exhibit 10-S: Consultant Performance Evaluation 12. Exhibit 10-T: Panel Member Conflict of Interest & Confidentiality Statement 13. Exhibit 10-U: Consultant in Management Position Conflict of Interest Statement 14. Exhibit 17-F: Final Utilization Report (to be completed at Project Completion) Packet Pg. 75 5 Page intentionally left blank. Packet Pg. 76 5