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HomeMy WebLinkAbout10/19/1999, C7 - RFP FOR COMMUNITY CENTER AND THERAPY POOL NEEDS STUDY council October 19, 19 9 j acEnba REpont CITY O F SAN LUIS O B I S P O FROM: Paul LeSage,Director of Parks and Recreation SUBJECT: RFP FOR COMMUNITY CENTER AND THERAPY POOL NEEDS STUDY CAO RECOMMENDATION 1) Approve the request for proposals for a study of the need for a community center and therapy pool; 2) Authorize contract award by the City Administrative Officer if selected proposal is within the available budget of$20,000. DISCUSSION Background One of the Major City Goals adopted by the City Council calls for the continued implementation of the Parks and Recreation Element/Master Plan with an emphasis on developing athletic fields and a needs, location, and funding study for a new community center and therapy pool. $20,000 was approved in the 1999-01 fiscal budget to conduct the study. Staff has prepared the attached request for proposals in order to obtain a consultant to implement the study. Staff will be seeking a consultant with experience in conducting this type of study and with an understanding of the value placed on public participation by this community. The fimdamental task of the consultant who is selected will be to determine if there is a need for a community center. If the answer is yes,then: • What are the unmet recreation needs in the City that could be met by a community center and/or therapy pool? • Are there any other significant unmet needs? • Who should be served by these facilities? • What type of specific facilities are needed to address the unmet needs? • Are any of these facilities currently available in the community? • What is the best location(s)for these facilities? • If new facilities are needed, should they be constructed in one location or distributed in several areas? • What are the costs of the needed facilities? C7-1 Council Agenda Report=RFP for Community Center and Therapy Pool Needs Study Page 2 -—- - J Information will be gathered-by means of several community workshops and a community- wide interest survey. Staff will also use the data developed to update the Parks and Recreation Element/Master Plan. The contractor will.be expected to recommend any potentially needed facilities, identify the best possible .locations for these facilities, and estimate the cost of the facilities. The contractor willalso analyze any existing facilities that might meet the,needs identified. After conducting the community meetings and the survey, the contractor will issue a preliminary report. This report will be reviewed by the Parks and.Recreation Commission prior to a final report being sent to the City Council. The public will have ample opportunity to comment on the report. CONCURRENCES o The action is consistent with the adopted Major City Goals. o The Pafks and Recreation Commission endorsed this process at their September 1, 1999„meeting. FISCAL IMPACT Funding for this project is available in the approved 1999-01.fiscal budget. ATTACHMENT 1. Request for Proposal C7-2 Requestfor Proposals COMMUNITY CENTER AND THERAPY POOR NEEDS STUDY October 20, 1999 �ii�������►IIIIIIIIIIIu���ull - city of san luis oBI s o C7-3 i�iui��llliilll �Iiul I city of san tins oBispo 990 Palm Street ■ San Luis Obispo,CA 93401 Notice Requesting Proposals for COMMUNITY CENTER AND THERAPY POOL NEEDS STUDY The City of San Luis Obispo is requesting sealed proposals for a study to determine the need for a community center and therapy pool pursuant to Specification#90093. All proposals must be received by the Department of Finance by Thursday, November 18, 1999, 3:00 p.m., when they will be opened publicly in the City Hall Council Chambers,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 Department of Finance in a sealed envelope plainly marked with the proposal title, specification number, proposer name, and time and date of the proposal opening. Proposals shall be submitted using the forms provided in the specification package. Specification packages and additional information may be obtained by contacting Paul LeSage, Director of Parks and Recreation,at(805) 781-7300. ® The City of San Luis Obispo is committed to including disabled persons in all of our services,programs a Telecommunications Device for the Deaf(805)781-7410. Specification No. 90093 TABLE OF CONTENTS A. DESCRIPTION OF WORK Purpose 1 Background 1 Workscope 1 Project Budget 2 Timeframe for Completing Work 2 B. GENERAL TERMS AND CONDITIONS Proposal Requirements 3 Contract Award and Execution 4 Contract Performance 4 C. SPECIAL TERMS AND CONDITIONS Proposal Content and Evaluation Process Proposal Content 7 Proposal Evaluation and Selection 7 Proposal Review,Contract Award,and Work Schedule 8 Ownership and Release of Information Ownership of Materials 8 Release of Reports and Information 8 Copies of Reports and Information 8 Work Product Required Deliverables 8 Attendance at Meetings and Hearings 9 Alternative Proposals 9 D. FORM OF AGREEMENT 10 E. INSURANCE REQUIREMENTS 12 F. PROPOSAL SUBMITTAL FORMS Proposal Submittal Summary 14 References 15 C7-5 Section A DESCRIPTION OF WORK PURPOSE The City is requesting proposals for a study of the need for a community center and therapy pool. BACKGROUND The City of San Luis Obispo values recreation as an essential service. Over the last several years, the City has been aggressively upgrading its recreation facilities. This has included: 3 new city parks, 6 gymnasiums shared with local public schools, and a major sports fields complex. Recently, the need for a community center and therapy pool has been raised. As a part of the City's 1999-01 budget, funding was made available to study the need for these facilities. For the purpose of study, a community center is a facility in the 20,000 square foot range, and includes a gymnasium, exercise rooms, multi-purpose rooms, craft studios, assorted offices, and rooms for community service activities. A therapy pool would be indoors and in the area of 2,000 square feet. The grounds will provide adequate parking for peak use times and, depending on community input,could have outdoor facilities such as tennis courts. WORKSCOPE Approach The City is contracting for this work and will be the only client for the engagement. The City will work collaboratively with the Contractor, including the provision of volunteers for survey work. The City values public participation as an important component of decision making. The Contractor will be expected to conduct two well-publicized community meetings for the purpose of gathering information related to the tasks that follow in this document. The consultant will be expected to conduct a City-wide recreation needs survey sampling not less than 500 residents for the purpose of determining the unmet recreation needs in the community. These needs, while focusing on programs that would be conducted in a community center, are to be comprehensive. Those the Contractor will be expected to obtain such information as is necessary to recommend a location for any recommended facilities. The Contractor will be expected to obtain such information as necessary to estimate the cost of any recommended facilities. The Contractor will be expected to analyze any existing facilities for use as a community center. Tasks The Contractor will be expected to answer the following questions: ■ Does the City of San Luis Obispo need a new community center and a therapy pool? If the answer is yes,then: ■ What are the unmet recreation needs in the City that could be met by a community center and/or therapy pool? ■ Are there any other significant unmet needs? ■ Who should be served by these facilities? ■ What type of specific facilities are needed to address the unmet needs? ■ Are any of these facilities currently available in the community? _1_ Description of Work. 0: What is.the best location(s) for these facilities? 1 If new facilities are.needed, should they be constructed in one location. or distributed in several areas? 0 What are the costs of themeeded facilities? BUDGET The City has budgeted$20,000 for this work. TYMEFRAME The Department would like to present the recommendations to the Council by June 2000. -2- 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 be submitted on the form(s) provided in the specifications and accompanied by any other required submittals or supplemental materials. Proposal documents shall be enclosed in an envelope which 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 bidder, 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 bidder's insurance coverage during proposal evaluation; as discussed under paragraph 12 below, endorsements are not required until contract award. The City's insurance requirements are detailed in Section E. 4. Year 2000 Compliance Strategy. Each proposal must include a description of the bidder's Year 2000 compliance strategy(or statement of why this is not relevant to the purchase). 5. Proposal Quotes and Unit Price Extensions. The extensions of unit prices for the quantities indicated and the lump sum prices quoted by the bidder 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. 6. Proposal Withdrawal and Opening. A bidder 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 bidder 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. 7. 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 which 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. !'1P9 4 -3- 8. 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. 9. 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 10. 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. 11. 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, any and all information which the City deems necessary to make such a decision. 12. 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. 13. 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. 14. Business Tax. The Contractor must have a valid City of San Luis Obispo business tax certificate prior to execution of the contract. Additional information regarding the City's business tax program may be obtained by calling(805)781-7134. CONTRACT PERFORMANCE 15. Ability to Perform. The Contractor wan-ants that it possesses, or has arranged through subcontracts, all capital and other equipment, labor, materials, and licenses necessary to cavy out and complete the work hereunder in compliance with any and all federal, state, county, city, and special district laws,ordinances,and regulations. 16. Laws to be Observed. The Contractor shall keep itself fully informed of and shall observe and comply with all applicable state and federal laws and county and City of San Luis Obispo ordinances,regulations,and adopted codes during its performance of the work 17. Payment of Taxes. The contract prices shall include full compensation for all taxes which the Contractor is required to pay. 18. Permits and Licenses. The Contractor shall procure all permits and licenses, pay all charges and fees,and give all notices necessary. rev n -4- 19. Safety Provisions. The Contractor shall conform to the rules and regulations pertaining to safety established by OSHA and the California Division of Industrial Safety. 20. 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. 21. 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. 22. 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 which 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. 23. Payment Terms. 20%payment at the conclusion of the public meetings,40%payment after the survey is conducted and preliminary results are made available, and 40% payment at the conclusion of the contract. 24. 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. 25. 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. 26. Interests of Contractor. The Contractor covenants that it presently has no interest, and shall not acquire any interest direct or indirect or otherwise, which would conflict in any manner or degree with the performance of the work hereunder.The Contractor further covenants that,in the performance of this work,no subcontractor or person having such an interest shall be employed. The Contractor certifies that no one who has or will have any financial interest in performing this work is an officer or employee of the City. It is hereby expressly agreed that, in the performance of the work hereunder, the Contractor shall at all times be deemed an independent contractor and not an agent or employee of the City. 27. 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 which 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, -5- 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. 28. 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. 29. Year 2000 Compliance. The Contractor warrants that the goods or services provided to the City, including those provided through subcontractors, are "Year 2000 compliant." For the purpose of this contract, "Year 2000 compliant" means that goods or services provided to the City will continue to fully function, fault-free, before, at, and after the Year 2000, without intemiption or human intervention; and if applicable, any data outside of the date range 1990- 1999, including leap years, will be correctly processed in any level of computer hardware, or software, including, but not limited to, microcode, firmware, application programs, files, and data bases. This warranty supersedes all warranty disclaimers or limitations, and all limitations on liability,otherwise provided by the Contractor. 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; which 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 firther 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. �n -6- Section C SPECIAL TERMS AND CONDITIONS 1. Proposal Content. Your proposal must include the following information: Submittal Forms a. Proposal submittal summary. b. Certificate of insurance. C. Description of your firm's Year 2000 compliance strategy (or statement why this is not relevant to the purchase). d. References from at least three firms for whom you have provided similar services. Qualifications e. Experience of your firm in performing similar services. f. Resumes of the individuals who would be assigned to this project, including any sub- consultants. g. Standard hourly billing rates for the assigned staff,including any sub-consultants. I Statement and explanation of any instances where your firm has been removed from a project or disqualified from proposing on a project. Work Program i. Description of your approach to completing the work. j. Tentative schedule by phase and task for completing the work. k. Estimated hours for your staff in performing each major phase of the work, including sub-consultants. 1. Services or data to be provided by the City. m Any other information that would assist us in making this contract award decision. n. Points at which staff approval of work will be requested. Compensation o. Proposed compensation and payment schedule tied to accomplishing key tasks. Proposal Length and Copies p. Proposals should not exceed 12 pages, including attachments and supplemental materials. q. 8 copies of the proposal must be submitted. 2. 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. t, I TG g. Background and related experience of the specific individuals to be assigned to this project. h. Proposed compensation. As reflected above, contract award will not be based solely on price, but on a combination of factors as determined to be in the best interest of the City. 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. 3. Proposal Review, Contract Award, and Work Schedule. The following is an outline of the anticipated schedule for proposal review,contract award,and work performance: a. Issue RFP October 20, 1999 b. Receive proposals November 18, 1999 C. Complete proposal evaluation December 2, 1999 d. Interview finalist December 9, 1999 e. Award contract January 4, 2000 f. Start work January 15,2000 g. Community meetings February 2000 h. Survey March 2000 i. Preliminary report April 2000 j. Parks and Recreation Commission Review May 2000 k Council approval June 2000 4. 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. 5. 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. 6. 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 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. 7. Required Deliverable Products. The Contractor will be required to provide: a. Twenty-five copies of the final report which addresses all elements of the workscope. Any documents or materials provided by the Contractor will be reviewed by City staff and, where necessary, the Contractor will be required to respond to staff comments and make such changes as deemed appropriate. b. One camera-ready original, unbound, each page printed on only one side, including any original graphics in place and scaled to size,ready for reproduction. C. When computers have been used to produce materials submitted to the City as a part of the workscope,the Contractor must provide the corresponding computer files to the City, compatible with the following programs whenever possible unless otherwise directed by the project manager: -8- • Word Processing Word • Spreadsheets Excel • Desktop Publishing Coreldraw,Pagemaker • Computer Aided Drafting(CAD) AutoCad Computer files must be on 31/2", high-density, write-protected diskettes, formatted for use on IBM-compatible systems. Each diskette must be clearly labeled and have a printed copy of the directory. 8. Attendance at Meetings and Hearings. As part of the workscope and included in the contract price is attendance by the Contractor at up to six public meetings to present and discuss its findings and recommendations. Contractor shall attend as many "working" meetings with staff as necessary in performing workscope tasks. 9. 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 over 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. Section D FORM OF AGREEMENT AGREEMENT THIS AGREEMENT is made and entered into in the City of San Luis Obispo on this [ ]day of[ ],by and between the CITY OF SAN LUIS OBISPO,a municipal corporation, hereinafter referred to as City,and[ ],hereinafter referred to as Contractor. WITNESSETH: WHEREAS, on October 20, 1999, the City requested proposals for a study of the need for a community center and therapy pool in the City of San Luis Obispo per Specification No.90093. WHEREAS,pursuant to said request,Contractor submitted a proposal which 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. INCORPORATION BY REFERENCE. City Specification No. 90093 and Contractor's proposal dated 1999,are hereby incorporated in and made a part of this Agreement 3. CITY'S OBLIGATIONS. For providing services as specified in this Agreement, City will pay and Contractor shall receive therefor compensation in a total sum not to exceed$20,000.00. 4. CONTRACTOR'S OBLIGATIONS. For and in consideration of the payments and agreements herembefore mentioned to be made and performed by City, Contractor agrees with City to do everything required by this Agreement and the said specification. 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 Administrative Officer of the City. -10- 6. COMPLETE AGREEMENT. This written Agreement, including all writings specifically incorporated herein by reference, shall constitute the complete agreement between the parties hereto. No oral agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of any force or effect,nor shall any such oral agreement, understanding, or representation be binding upon the parties hereto. 7. NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage prepaid,by registered or certified mail,addressed as follows: City City Clerk City of San Luis Obispo 990 Palm Street San Luis Obispo,CA 93401 Contractor [ ] [ ] [ ] [ ] 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,A Municipal Corporation By: Lee Price,City Clerk John Dunn,City Administrative Officer APPROVED AS TO FORM: CONTRACTOR By: Jeffrey Jorgensen,City Attorney C-7-16 r/ 1 L -11- Section E INSURANCE REQUIREMENTS: Consultant Services The Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents,representatives,employees,or subcontractors. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage(occurrence form CG 0001). 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. Contractor shall maintain limits no less than: 1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury, and property damage. If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 3. Employer's Liability: $1,000,000 per accident for bodily injury or disease. 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 Contractor shall procure a bond guaranteeing payment of losses and related investigations,claim administration,and defense expenses. Other Insurance Provisions. The general liability and automobile liability policies are to contain,or be endorsed to contain,the following provisions: 1. The City, its officers, officials, employees, agents, and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor, products and completed operations of the Contractor, premises owned, occupied, or used by the Contractor; or automobiles owned, leased, hired, or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials,employees,agents,or volunteers. 2. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees, agents,or volunteers. 4. 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. -12- 5. 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 rating of no less than ANLL Verification of Coverage. Contractor shall f unish 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. -13- PROPOSAL SUBMITTAL SUM.10ARY. . III pigizal _ The undersigned declares that she or he has carefully examined Specification No. 90093,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 fLdl:. Community Center and Therapy Pool Needs Study s 0 Certificate of insurance attached; insurance company's A.M. Best rating: Firm•Name and Address_ _ Contact Phone - - Si amre.o .Authorized Re resenm*e Date 44 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 which 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 -15-