HomeMy WebLinkAbout09-17-2013 c2 irrigation controller system rfp
FROM: Daryl R. Grigsby, Public Works Director
Prepared By: Todd Beights, Parks Supervisor
SUBJECT: CENTRAL IRRIGATION CONTROL SYSTEM
RECOMMENDATION
1. Approve the Request for Proposals for the Central Irrigation Control System Replacement,
Specification 91211.
2. Authorize staff to solicit proposals and authorize the City Manager to award the contract if the
lowest responsible bidder is within the budget of $175,000.
DISCUSSION
Background
The Park Maintenance Division upgraded the majority of its irrigation controllers to a central-
control system in 1993 to improve the efficiency, monitoring, and control of irrigation water use
citywide. This electronic equipment is quickly approaching its 20th year of service and is no longer
operating reliably. The manufacturer of this equipment sold the business in 2010 and product
support, software updates, and technical services are limited. Replacement components are often no
longer available and the Central computer software operation is deteriorating and failing with
increased frequency.
The Parks Maintenance program is the biggest single consumer of water in the community, and so it
is of utmost importance to maintain control of water usage. If the Central Irrigation system fails,
communication will be lost with the weather station that recalculates irrigation runtimes on a daily
basis. This would eliminate the ability to make water-saving adjustments. Replacing the 20-year old
Central Control computer system and field controllers will ensure continued responsible
stewardship of the City’s water resources. As part of this action staff intends to reuse existing
telemetry infrastructure and complete equipment change-out with City personnel, thereby saving
approximately $75,000. The new Central Irrigation Controller has an expected life of 15 years.
CONCURRENCES
This project qualifies for a categorical exemption from environmental review, and a notice of
exemption has been filed through the Community Development Department.
FISCAL IMPACT
Industry standards and municipal experience shows that the City realizes a 25%-30% overall water
savings by utilizing evapotranspiration based irrigation programming at the 44 sites on the central
controller. On average over the past ten years the central control system, along with sensing
Meeting Date
Item Number Sept 17, 2013
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Central Irrigation Controller Replacement Page 2
hardware in the field, has detected and avoided 483 flow violations annually. It is difficult to
calculate the potential water savings achieved by this detection and shutdown capability. City parks
and landscaping consumes over 40 million gallons of water annually, and many of the facilities
operate at 100-400 gallons per minute, so the benefits of timely detection, shutdown, and correction
are significant. Without a central irrigation control system, the annual parks irrigation budget of
$553,000 would be at least 25% higher. In addition the new equipment and programing are
expected to yield additional water savings due to more modern computer modeling and technology.
The 2013-15 Financial Plan identifies $175,000 of Measure Y funding for the purchase of a new
Central Irrigation Control System. There are no additional ongoing costs that will result from the
replacement of the central controller.
ATTACHMENT
91211 Central Irrigation Controller Request for Proposals
t:\council agenda reports\2013\2013-09-17\irrigation controller system rfp (grigsby-lynch-beights)\rpt - 91211 adv irrigation.docx
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The City of San Luis Obispo is committed to including disabled persons in all of our services, programs and activities.
Telecommunications Device for the Deaf (805) 781-7410.
990 Palm Street San Luis Obispo, CA 93401
Notice Requesting Proposals for
Central Irrigation Control System
September 2013
The City of San Luis Obispo is requesting sealed proposals for Central Irrigation Control System pursuant
to Specification No. 91211. All proposals must be received by the Finance Division by 2:00 P.M. on
October 15, 2013 when they will be opened publicly in City Hall Finance Department, 990 Palm Street,
San Luis Obispo, CA 93401.
Proposals received after said time will not be considered. To guard against premature opening, each
proposal shall be submitted to the Finance Division in a sealed envelope plainly marked with the proposal
title, specification number, proposer name, and time and date of the proposal opening. Proposals shall be
submitted using the forms provided in the specification package.
A pre-proposal [pre-bid] conference will be held at [location] on [day/date/time] to answer any questions
that the prospective proposers may have regarding the City's request for proposals.
Obtaining a Specification Package
Requests must include the RFP title and specification number.
Download from the City’s Web site www.slocity.org - Bids & Proposals page
Pick up a copy of the RFP at the above address
Mail a request to the City of San Luis Obispo Finance Department at the above address
Fax a request to the City of San Luis Obispo at 805-781-7537 – include company name, street
address, phone, fax, email and the name of the contact person.
Project detail information may be obtained by contacting Todd Beights at (805) 781-7021
Attachment - Page 1
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Irrigation Control System – Specification No. 91211 Page 2 of 18
Specification No. 91211
TABLE OF CONTENTS
DESCRIPTION OF WORK ............................................................................................................1
GENERAL TERMS AND CONDITIONS .....................................................................................3
PROPOSAL REQUIREMENTS .........................................................................................3
CONTRACT AWARD AND EXECUTION ......................................................................4
CONTRACT PERFORMANCE .........................................................................................4
SPECIAL TERMS AND CONDITIONS ........................................................................................7
PROPOSAL CONTENT AND SELECTION PROCESS ...................................................8
FORM OF AGREEMENT ............................................................................................................11
INSURANCE REQUIREMENTS .................................................................................................13
PROPOSAL SUBMITTAL FORMS .............................................................................................14
PROPOSAL COST ............................................................................................................14
INSURANCE CERTIFICATION .....................................................................................14
REFERENCES ..................................................................................................................15
STATEMENT OF PAST CONTRACT DISQUALIFICATIONS....................................16
Attachment - Page 2
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Section A
DESCRIPTION OF WORK
Background
The Park Maintenance Division upgraded the majority of its irrigation controllers to a central-
control system in 1993 to improve the efficiency, monitoring, and control of irrigation water use
citywide. This electronic equipment is quickly approaching its 20-year anniversary and is no longer
operating reliably.
The Parks Maintenance program is the biggest single consumer of water in the community, and so it
is of utmost importance to maintain the best control of water resources. If the Central Irrigation
system fails communication will be lost with the weather station that recalculates irrigation runtimes
on a daily basis, eliminating the ability to make water-saving adjustments. Replacing the 20-year
old Central Control computer system and field controllers will ensure the continued responsible
stewardship of the City’s water resources.
The City intends to purchase the equipment and complete the installation with staff within the
existing enclosures.
Existing Equipment
The City currently operates a Rainmaster 2000 Central Irrigation system with 44 remote sites. Sites operate
with Rainmaster DX-2 controllers in stainless steel cabinets. Most locations have flow sensing. An existing
standalone Calsense weather station communicates via the field controller to the irrigation central. Field
controllers communicate via either telephone or radio. Current remote access to the central controller is
through GoToMyPC.
Contract Services
The City is requesting proposals to replace all the existing connected controllers and the central controller
system with a more modern and sophisticated system that will provide quality service for many years. The
proposal submitted should discuss the proposer’s equipment and support in the following areas, at a
minimum.
1. System Capacity - 75 field controller minimum
2. Demonstrated ability to retrofit the proposed equipment into existing controller cabinets
3. Functionality with existing radio and telephone communication connections
4. Flow and moisture sensing
5. Weather station integration
6. Monitoring capabilities including flow at POCs and stations, and field wiring
7. Ability to monitor flow without additional sensor equipment
8. Advanced programing capabilities, including information on how far ahead programing can be made
9. Alarms
10. Demonstrated water savings capability
11. Water budgeting capability – cost / use relationship / historical needs
12. Remote access to the central controller
13. Remote control for field operations, such as:
Two way communication flow between remote control and controller,
Station operation,
Station names and
Troubleshooting
Identification of compatible control device(s)
Attachment - Page 3
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14. Reporting
Water consumption per station, controller, and site using variable time periods and units of measure
Ability to separate unique occurrences within reporting such as manual watering, system testing
watering; Status of consumption relative to budget
15. Technical support and field service
Costs
Response time guarantees
16. Upgrades and fees
17. Warranty and Guarantee
18. Hardware installation training
19. System testing after installation
20. Operation manual and training for 3 minimum
21. Maintenance & troubleshooting manual (if separate)
Attachment - Page 4
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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 (proposer)
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 include the form(s) provided in the specifications and
accompanied by any other required submittals or supplemental materials. Proposal documents shall
be enclosed in an envelope that shall be sealed and addressed to the Department of Finance, City of
San Luis Obispo, 990 Palm Street, San Luis Obispo, CA, 93401. In order to guard against premature
opening, the proposal should be clearly labeled with the proposal title, specification number, name of
proposer, and date and time of proposal opening. No FAX submittals will be accepted.
3. Insurance Certificate. Each proposal must include a certificate of insurance showing:
a. The insurance carrier and its A.M. Best rating.
b. Scope of coverage and limits.
c. Deductibles and self-insured retention.
The purpose of this submittal is to generally assess the adequacy of the proposer’s insurance
coverage during proposal evaluation. Endorsements are not required until contract award. The City’s
insurance requirements are detailed in Section E.
4. Proposal Quotes and Unit Price Extensions. The extensions of unit prices for the quantities
indicated and the lump sum prices quoted by the proposer must be entered in figures in the spaces
provided on the Proposal Submittal Form(s). Any lump sum 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 item are not in agreement, the unit price alone will be considered as
representing the proposer's intention and the proposal total will be corrected to conform to the
specified unit price.
5. Proposal Withdrawal and Opening. A proposer may withdraw its proposal, without prejudice
prior to the time specified for the proposal opening, by submitting a written request to the Director of
Finance for its withdrawal, in which event the proposal will be returned to the proposer unopened.
No proposal received after the time specified or at any place other than that stated in the "Notice
Requesting Proposals" will be considered. All proposals will be opened and declared publicly.
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 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.
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7. Cooperative Purchasing. During the term of the contract, the successful proposer will extend all
terms and conditions to any other local governmental agencies upon their request. These agencies
will issue their own purchase orders, will directly receive goods or services at their place of business
and will be directly billed by the successful proposer.
8. Communications. All timely requests for information submitted in writing will receive a written
response from the City. Telephone communications with City staff are not encouraged, but will be
permitted. However, any such oral communication shall not be binding on the City.
CONTRACT AWARD AND EXECUTION
9. Proposal Retention and Award. The City reserves the right to retain all proposals for a period of
60 days for examination and comparison. The City also reserves the right to waive non-substantial
irregularities in any proposal, to reject any or all proposals, to reject or delete one part of a proposal
and accept the other, except to the extent that proposals are qualified by specific limitations. See the
"special terms and conditions" in Section C of these specifications for proposal evaluation and
contract award criteria.
10. Competency and Responsibility of Proposer. The City reserves full discretion to determine the
competence and responsibility, professionally and/or financially, of proposers. Proposers will
provide, in a timely manner, all information that the City deems necessary to make such a decision.
11. Contract Requirement. The proposer to whom award is made (Contractor) shall execute a written
contract with the City within ten (10) calendar days after notice of the award has been sent by mail to
it at the address given in its proposal. The contract shall be made in the form adopted by the City
and incorporated in these specifications.
12. Insurance Requirements. The Contractor shall provide proof of insurance in the form, coverages
and amounts specified in Section E of these specifications within 10 (ten) calendar days after notice
of contract award as a precondition to contract execution.
13. Business License & Tax. The Contractor 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.
CONTRACT PERFORMANCE
14. Ability to Perform. The Contractor warrants that it possesses, or has arranged through subcontracts,
all capital and other equipment, labor, materials, and licenses necessary to carry out and complete the
work hereunder in compliance with any and all federal, state, county, city, and special district laws,
ordinances, and regulations.
15. Laws to be Observed. The Contractor shall keep itself fully informed of and shall observe and
comply with all applicable state and federal laws and county and City of San Luis Obispo
ordinances, regulations and adopted codes during its performance of the work.
16. Payment of Taxes. The contract prices shall include full compensation for all taxes that the
Contractor is required to pay.
17. Permits and Licenses. The Contractor shall procure all permits and licenses, pay all charges and
fees, and give all notices necessary.
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18. Safety Provisions. The Contractor shall conform to the rules and regulations pertaining to safety
established by OSHA and the California Division of Industrial Safety.
19. Public and Employee Safety. Whenever the Contractor's operations create a condition hazardous to
the public or City employees, it shall, at its expense and without cost to the City, furnish, erect and
maintain such fences, temporary railings, barricades, lights, signs and other devices and take such
other protective measures as are necessary to prevent accidents or damage or injury to the public and
employees.
20. Preservation of City Property. The Contractor shall provide and install suitable safeguards,
approved by the City, to protect City property from injury or damage. If City property is injured or
damaged resulting from the Contractor's operations, it shall be replaced or restored at the
Contractor's expense. The facilities shall be replaced or restored to a condition as good as when the
Contractor began work.
21. Immigration Act of 1986. The Contractor warrants on behalf of itself and all subcontractors
engaged for the performance of this work that only persons authorized to work in the United States
pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be
employed in the performance of the work hereunder.
22. Contractor Non-Discrimination. In the performance of this work, the Contractor agrees that it will
not engage in, nor permit such subcontractors as it may employ, to engage in discrimination in
employment of persons because of age, race, color, sex, national origin or ancestry, sexual
orientation, or religion of such persons.
23. Work Delays. Should the Contractor be obstructed or delayed in the work required to be done
hereunder by changes in the work or by any default, act, or omission of the City, or by strikes, fire,
earthquake, or any other Act of God, or by the inability to obtain materials, equipment, or labor due
to federal government restrictions arising out of defense or war programs, then the time of
completion may, at the City's sole option, be extended for such periods as may be agreed upon by the
City and the Contractor. In the event that there is insufficient time to grant such extensions prior to
the completion date of the contract, the City may, at the time of acceptance of the work, waive
liquidated damages that may have accrued for failure to complete on time, due to any of the above,
after hearing evidence as to the reasons for such delay, and making a finding as to the causes of
same.
24. Payment Terms. The City's payment terms are 30 days from the receipt of an original invoice and
acceptance by the City of the materials, supplies, equipment or services provided by the Contractor
(Net 30).
25. Inspection. The Contractor shall furnish City with every reasonable opportunity for City to
ascertain that the services of the Contractor are being performed in accordance with the requirements
and intentions of this contract. All work done and all materials furnished, if any, shall be subject to
the City's inspection and approval. The inspection of such work shall not relieve Contractor of any
of its obligations to fulfill its contract requirements.
26. Audit. The City shall have the option of inspecting and/or auditing all records and other written
materials used by Contractor in preparing its invoices to City as a condition precedent to any
payment to Contractor.
27. Interests of Contractor. The Contractor covenants that it presently has no interest, and shall not
acquire any interest—direct, 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
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certifies that no one who has or will have any financial interest in performing this work is an officer
or employee of the City. It is hereby expressly agreed that, in the performance of the work
hereunder, the Contractor shall at all times be deemed an independent contractor and not an agent or
employee of the City.
28. Hold Harmless and Indemnification. The Contractor agrees to defend, indemnify, protect and
hold the City and its agents, officers and employees harmless from and against any and all claims
asserted or liability established for damages or injuries to any person or property, including injury
to the Contractor's employees, agents or officers that arise from or are connected with or are
caused or claimed to be caused by the acts or omissions of the Contractor, and its agents, officers
or employees, in performing the work or services herein, and all expenses of investigating and
defending against same; provided, however, that the Contractor's duty to indemnify and hold
harmless shall not include any claims or liability arising from the established sole negligence or
willful misconduct of the City, its agents, officers or employees..
29. Contract Assignment. The Contractor shall not assign, transfer, convey or otherwise dispose of the
contract, or its right, title or interest, or its power to execute such a contract to any individual or
business entity of any kind without the previous written consent of the City.
30. Termination. If, during the term of the contract, the City determines that the Contractor is not
faithfully abiding by any 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 10 (ten) calendar
day notice of time thereafter in which to perform said work or cure the deficiency.
If the Contractor has not performed the work or cured the deficiency within the ten days specified in
the notice, such shall constitute a breach of the contract and the City may terminate the contract
immediately by written notice to the Contractor to said effect. Thereafter, neither party shall have
any further duties, obligations, responsibilities, or rights under the contract except, however, any and
all obligations of the Contractor's surety shall remain in full force and effect, and shall not be
extinguished, reduced, or in any manner waived by the termination thereof.
In said event, the Contractor shall be entitled to the reasonable value of its services performed from
the beginning date in which the breach occurs up to the day it received the City's Notice of
Termination, minus any offset from such payment representing the City's damages from such breach.
"Reasonable value" includes fees or charges for goods or services as of the last milestone or task
satisfactorily delivered or completed by the Contractor as may be set forth in the Agreement payment
schedule; compensation for any other work, services or goods performed or provided by the
Contractor shall be based solely on the City's assessment of the value of the work-in-progress in
completing the overall workscope.
The City reserves the right to delay any such payment until completion or confirmed abandonment of
the project, as may be determined in the City's sole discretion, so as to permit a full and complete
accounting of costs. In no event, however, shall the Contractor be entitled to receive in excess of the
compensation quoted in its proposal.
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Section C
SPECIAL TERMS AND CONDITIONS
1. Labor Actions. In the event that the successful proposer is experiencing a labor action at the time of
contract award (or if its suppliers or subcontractors are experiencing such a labor action), the City
reserves the right to declare said proposer is no longer the lowest responsible, responsive proposer
and to accept the next acceptable low proposal from a proposer that is not experiencing a labor
action, and to declare it to be the lowest responsible, responsive proposer.
2. Failure to Accept Contract. The following will occur if the proposer to whom the award is made
(Contractor) fails to enter into the contract: the award will be annulled; any bid security will be
forfeited in accordance with the special terms and conditions if a proposer's bond or security is
required; and an award may be made to the next lowest responsible, responsive proposer who shall
fulfill every stipulation as if it were the party to whom the first award was made.
3. Contract Term. The term of this Agreement shall be from the date the Agreement is made and
entered until acceptance or completion of said services.
4. Unrestrictive Brand Names. Any manufacturer's names, trade names, brand names or catalog
numbers used in the specifications are for the purpose of describing and establishing general quality
levels. Such references are not intended to be restrictive. Proposals will be considered for any brand
that meets or exceeds the quality of the specifications given for any item. In the event an alternate
brand name is proposed, supplemental documentation shall be provided demonstrating that the
alternate brand name meets or exceeds the requirements specified herein. The burden of proof as to
the suitability of any proposed alternatives is upon the proposer, and the City shall be the sole judge
in making this determination.
5. Start and Completion of Work. Work on this project shall begin within 10 calendar days after
contract execution and shall be completed within [number] calendar days thereafter.
6. Liquidated Damages. In the event that the proposer does not meet the work completion date
specified in its proposal, the award amount shall be reduced in the amount of one hundred dollars
$100 per calendar day for each day that exceeds the completion date specified in the proposer's
proposal. As the delay in the completion of work could seriously affect the public and the efficient
operation of the City to an extent incapable of precise calculation, said reduction is established as the
nearest measure of damages for such delay that can be fixed at this time, and is not established as a
penalty or forfeiture for the breach of agreement to complete the work. Said reductions may be
invoked if completion of work exceeds the specified time for any reason.
7. Submittal of References. Each proposer shall submit a statement of qualifications and references
on the form provided in the RFP package.
8. Statement of Contract Disqualifications. Each proposer shall submit a statement regarding any
past governmental agency bidding or contract disqualifications on the form provided in the IFB/RFP
package.
9. 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 125% of the
contract price guaranteeing the faithful performance of the contract, including any attorney's fees or
other collection costs.
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10. Material Suppliers and Laborer Bond Requirement. The Contractor shall furnish a surety bond
in the amount of 50% of the contract price to secure the payment of claims for materials and labor
provided by others in performing the work.
PROPOSAL CONTENT AND SELECTION PROCESS
11. Proposal Content. Your proposal must include the following information:
Submittal Forms
a. Proposal submittal summary.
b. Certificate of insurance.
c. References from at least three firms for whom you have provided similar services.
Qualifications
d. Experience of your firm in performing similar services.
e. Resumes of the individuals who would be assigned to this project, including any sub-
consultants.
f. Standard hourly billing rates for the assigned staff, including any sub-consultants.
g. Statement and explanation of any instances where your firm has been removed from a
project or disqualified from proposing on a project.
Work Program
h. Description of your approach to completing the work.
i. Tentative schedule by phase and task for completing the work.
j. Estimated hours for your staff in performing each major phase of the work, including sub-
consultants.
k. Services or data to be provided by the City.
l. Any other information that would assist us in making this contract award decision.
Compensation
m. Proposed compensation and payment schedule tied to accomplishing key tasks.
Proposal Length and Copies
n. Proposals should not exceed 16 pages, including attachments and supplemental materials.
o. 3 printed copies of the proposal must be submitted
p. 1 e-copy of the proposal must be submitted in Adobe Acrobat format
12. Proposal Evaluation and Selection. Proposals will be evaluated by a review committee based on
the following criteria:
a. Understanding of the work required by the City.
b. Quality, clarity and responsiveness of the proposal.
c. Demonstrated competence and professional qualifications necessary for successfully
performing the work required by the City.
d. Recent experience in successfully performing similar services.
e. Proposed approach in completing the work.
f. References.
g. Background and related experience of the specific individuals to be assigned to this project.
h. Proposed compensation.
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Where one proposal is rated consistently higher than the others, the Contractor may be selected as
the top ranked Contractor for purposes of contract negotiation. Alternatively, a group of finalist
(generally the top 3 to 5 five proposers) may be selected for follow-up presentations, or written
requests for additional clarifying information, before a final top ranked Contractor is determined.
After evaluating the proposals and discussing them further with the finalists or the tentatively
selected contractor, the City reserves the right to further negotiate the proposed work and/or method
and amount of compensation.
Finalist candidates may be requested make present a demonstration at the City offices to the review
committee and answer questions relative to the product and services. The purpose of this second
phase is to clarify and resolve any outstanding questions or issues about the proposal.
Proposals will be reviewed by a selection committee and ranked in accordance with the
responsiveness, understanding, and capabilities of the Contractor relative to these specification
requirements. Contract award will be based on a combination of factors that represent the best
overall value for completing the workscope as determined by the City, including: the written
proposal criteria described above; results of background and reference checks; results from the
interviews and demonstration phase; and proposed compensation.
13. Proposal Review and Award Schedule. The following is an outline of the anticipated schedule for
proposal review and contract award:
a. Issue RFP 9/21/13
b. Conduct pre-proposal conference
c. Receive proposals 10/15/13
d. Complete proposal evaluation 10/22/13
e. Conduct finalist interviews (if needed) 10/29/13
f. Finalize staff recommendation 10/30/13
g. Award contract 11/8/13
h. Execute contract 11/22/13
i. Start work 12/1/13
14. Pre-Proposal Conference. A pre-proposal conference will be held at the following location, date,
and time to answer any questions that prospective proposers may have regarding this RFP:
Day, Date, Time
Location
Address
15. Ownership of Materials. All original drawings, plan documents and other materials prepared by or
in possession of the Contractor as part of the work or services under these specifications shall
become the permanent property of the City, and shall be delivered to the City upon demand.
16. Release of Reports and Information. Any reports, information, data, or other material given to,
prepared by or assembled by the Contractor as part of the work or services under these specifications
shall be the property of City and shall not be made available to any individual or organization by the
Contractor without the prior written approval of the City.
17. Copies of Reports and Information. If the City requests additional copies of reports, drawings,
specifications, or any other material in addition to what the Contractor is required to furnish in
limited quantities as part of the work or services under these specifications, the Contractor shall
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provide such additional copies as are requested, and City shall compensate the Contractor for the
costs of duplicating of such copies at the Contractor's direct expense.
18. Required Deliverable Products. The Contractor will be required to provide:
a. All equipment and services outlined in the Request for Proposal and submitted proposal
from the Contractor.
b. Instruction Manual:
1 hard copy
1 electronic copy
19. Attendance at Meetings. Contractor shall attend as many "working" meetings with staff as
necessary in performing workscope tasks.
20. Alternative Proposals. The proposer may submit an alternative proposal (or proposals) that it
believes will also meet the City's project objectives but in a different way. In this case, the proposer
must provide an analysis of the advantages and disadvantages of each of the alternatives, and discuss
under what circumstances the City would prefer one alternative to the other(s). If an alternative
proposal is submitted, the maximum length of the proposal may be expanded proportionately by the
number of alternatives submitted.
21. 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. In preparing its
proposal, the proposer and all subcontractors named in its proposal shall bear sole responsibility for
proposal preparation errors resulting from any misstatements or omissions in the plans and
specifications 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 plans and
specifications will be as determined by law, any patent ambiguity or defect shall give rise to a duty
of proposer to inquire prior to proposal submittal. Failure to so inquire shall cause any such
ambiguity or defect to be construed against the proposer. An ambiguity or defect shall be considered
patent if it is of such a nature that the proposer, 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 proposer or subcontractors to notify City in writing of specification or plan defects or ambiguities
prior to proposal submittal shall waive any right to assert said defects or ambiguities subsequent to
submittal of the proposal.
To the extent that these specifications constitute performance specifications, the City shall not be
liable for costs incurred by the successful proposer to achieve the project’s objective or standard
beyond the amounts provided there for in the 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 plans and/or specifications, or any other matter whatsoever, Contractor
shall immediately notify the City in writing, and the Contractor and all subcontractors shall continue
to perform, irrespective of whether or not the ambiguity or defect is major, material, minor or trivial,
and irrespective of whether or not a change order, time extension, or additional compensation has
been granted by City. Failure to provide the hereinbefore described written notice within one (1)
working day of contractor's becoming aware of the facts giving rise to the dispute shall constitute a
waiver of the right to assert the causative role of the defect or ambiguity in the plans or specifications
concerning the dispute.
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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 [day, date, year] 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 October 2013, City requested proposals for Irrigation Control System per Specification No.
91211.
WHEREAS, pursuant to said request, Contractor submitted a proposal that was accepted by City for said
Irrigation Control System.
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 Irrigation Control System.
2. INCORPORATION BY REFERENCE. City Specification No. 91211 and Contractor's proposal
dated [date], are hereby incorporated in and made a part of this Agreement. To the extent that there are any conflicts
between the City’s specification and this Agreement and the Contractor’s proposal, the terms of the City’s specification
and this Agreement shall prevail, unless specifically agreed otherwise in writing signed by both parties.
3. CITY'S OBLIGATIONS. For providing Irrigation Control System as specified in this Agreement,
City will pay and Contractor shall receive therefor compensation in a total sum not to exceed $X.
Progress payments will be made as follows:
Up to 85% of proposal cost upon delivery
Up to 95% upon completion of installation training and system testing
100% upon completion of operation training and delivery of manuals
4. CONTRACTOR'S OBLIGATIONS. For and in consideration of the payments and agreements
hereinbefore mentioned to be made and performed by City, Contractor agrees with City to provide equipment and
services as described in Exhibit A attached hereto and incorporated into this Agreement.
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 Engineer 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 any
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 Todd Beights
City of San Luis Obispo
25 Prado Road
San Luis Obispo, CA 93401
Contractor Name
Address
8. AUTHORITY TO EXECUTE AGREEMENT. Both City and Contractor do covenant that each
individual executing this agreement on behalf of each party is a person duly authorized and empowered to execute
Agreements for such party.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first
above written.
ATTEST: CITY OF SAN LUIS OBISPO
________________________________ By:_____________________________________
City Clerk City Manager [or Mayor]
APPROVED AS TO FORM: CONTRACTOR
________________________________ By: _____________________________________
City Attorney
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Section E
INSURANCE REQUIREMENTS
Supply and Equipment Contracts
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 products and
materials supplied to the City. The cost of such insurance shall be borne by the Contractor.
Minimum Scope of Insurance. Coverage shall be at least as broad as Insurance Services Office
Commercial General Liability coverage ("occurrence" form CG 0001).
Minimum Limits of Insurance. Contractor shall maintain limits no less than $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.
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 policy is 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: products and completed operations of the Contractor. The coverage shall contain no
special limitations on the scope of protection afforded to the City, its officers, officials, employees,
agents or volunteers.
2. 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.
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. The Contractor shall furnish the City with original endorsements effecting
coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer
to bind coverage on its behalf. All endorsements are to be received and approved by the City before work
commences.
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PROPOSAL SUBMITTAL FORMS
PROPOSAL COST
The undersigned declares that she or he has carefully examined Specification No. 91211, which is hereby
made a part of this proposal; is thoroughly familiar with its contents; is authorized to represent the proposing
firm; and agrees to perform the specified work for the following cost quoted in full:
BID ITEM: Irrigation Central Control
Total Base Price
Sales tax @ 7.25%
Other (provide detail below
TOTAL $
Delivery of equipment to the City to be within _______ calendar days after contract execution and written
authorization to proceed.
INSURANCE CERTIFICATION
Certificate of insurance attached; insurance company’s A.M. Best rating: __________________.
Firm Name and Address
Contact Phone
Signature of Authorized Representative
Date
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REFERENCES
Number of years engaged in providing the services included within the scope of the specifications under the
present business name: .
Describe fully the last three contracts performed by your firm that demonstrate your ability to provide the
services included with the scope of the specifications. Attach additional pages if required. The City reserves
the right to contact each of the references listed for additional information regarding your firm's
qualifications.
Reference No. 1
Customer Name
Contact Individual
Telephone & FAX number
Street Address
City, State, Zip Code
Description of services provided
including contract amount, when
provided and project outcome
Reference No. 2
Customer Name
Contact Individual
Telephone & FAX number
Street Address
City, State, Zip Code
Description of services provided
including contract amount, when
provided and project outcome
Reference No. 3
Customer Name
Contact Individual
Telephone & FAX number
Street Address
City, State, Zip Code
Description of services provided
including contract amount, when
provided and project outcome
ATTACH LIST OF ALL CENTRAL COAST REGION (MONTEREY, SAN LUIS OBISPO,
SANTA BARBARA COUNTIES) EQUIPMENT USERS AND THE NUMBER OF
CONTROLLERS ON THEIR CENTRAL.
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STATEMENT OF PAST CONTRACT DISQUALIFICATIONS
The proposer shall state whether it or any of its officers or employees who have a proprietary interest in it,
has ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state,
or local government project because of the violation of law, a safety regulation, or for any other reason,
including but not limited to financial difficulties, project delays, or disputes regarding work or product
quality, and if so to explain the circumstances.
Do you have any disqualification as described in the above paragraph to declare?
Yes No
If yes, explain the circumstances.
Executed on at _______________________________________ under penalty of
perjury of the laws of the State of California, that the foregoing is true and correct.
______________________________________
Signature of Authorized Proposer Representative
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