HomeMy WebLinkAbout07/18/2000, C3 - NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM-PHASE II-FINANCING OPTIONS STUDY-CITY PROJECT 90132 council - ' y 18,2000
j acEnaa Report 3.. .
CITY OF SAN LUIS O B I S P O
FROM: Michael D. McCluskey, Director of Public Works
Wayne Peterson, City Engineer
SUBJECT: National Pollutant Discharge Elimination System-Phase II-Financing
Options Study—City Project 90132
CAO RECOMMENDATION
1) Authorize staff to distribute Request for Proposals for consultants to investigate financing
options to meet the fiscal demands of implementing NPDES-Phase H.
2) Authorize the CAO to award the contract if the cost of the proposal for Phase One —Study
of Financial Options of the work scope is within the $50,000 budget.
DISCUSSION
With the final publication of Phase 2 of the National Pollutant Discharge Elimination System
(NPDES) rules in late 1999 and the recognition by the Council of the importance of improving
our storm drainage system, it is now time to look for ways to pay for the associated new costs.
The Council received a report on May 2d regarding the need for improvements to our drainage
system as they relate to the introduction of pollutants into San Luis Obispo Creek. Also included
in that report was the outline of the various requirements of the NPDES Phase 2 program.
A clear point in the presentation was the fact that this new Federally mandated program came
with no funds and would be costly. In the near term staff estimates that the program will cost in
the neighborhood of $250,000 per year. This is based upon what other agencies our size are
spending for the basic program. Also based on others experiences staff believes that costs will
increase over time.
Another issue that has not been addressed is that of storm drain maintenance and improvement
program and other flood prevention programs. The City's drainage system is getting older and it
is likely the city will need to expend General Fund money to repair and replace older pipes and to
enlarge of pipes that do not carry sufficient flows. In addition to these programs it is likely the
City will chose to address flooding problems that occur in much of the downtown and mid-
Higuera area. A successful program will be costly and will significantly reduce the amount of
General Fund money available for other activities.
In order for the NPDES program to be implemented without impacting other General Fund
activities and to allow the City the ability to think about addressing these other programs, the
staff recommends the City look for other sources of revenue. One way to generate a new source
of revenue is the establishment of a storm water drainage utility (SWDU) that would collect fees
for services provided. This is similar to our Utility Department program. The attached Request
for Proposals (RFP) was written to help the City find a qualified consultant to investigate funding
options and if a SWDU is appropriate to help the City implement one.
CM
Council Agenda Report-RFP-Storm Water Utility District
Page 2
FISCAL IMPACT
The 1999-2001 City Budget included within the Streets and Flood Protection budget a
Significant Operating Program Change to study the feasibility of a watershed management
enterprise to pay for flood control and creek protection. Funding for Phase One — Study of
Financial Options of this work is$50,000. It was not spent in the first year of the budget and has
been carried over. The Finance Department has established an account for this program and if a
contract is awarded to do the work, the money from the operating fund would be transferred to
that account for expenditure.
ALTERNATIVES
The City can choose to not continue exploring other funding sources for storm water. If the
Council does not think it could approve the formation of a storm drain utility it should not
authorize the distribution of this RFP.
ATTACHMENTS
Request for Proposals.
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990 Palm Street - San Luis Obispo,CA 93401
Notice Requesting Proposals for
National Pollutant Discharge Elimination System-Phase II-
Financing Options Study
The City of San Luis Obispo is requesting sealed proposals from a professional to assist the City to
identify and establish a method to finance our stormwater system and comply with the NPDES Phase 11
requirement as described in S ecification No 90132. All proposals must be received by the Public
Works Department by tiiaie"date when they will be opened publicly in the Public Works Conference
Room,955 Morro 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 Public Works Department in a sealed envelope plainly marked with the
proposal title, specification number, proposer's 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 Ms. Pam King at(805)
781-7210.
® 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.
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Specification No. 90132
TABLE OF CONTENTS
A. Description of Work 1
B. General Terms and Conditions 4
Proposal Requirements
Contract Award and Execution
Contract Performance
C. Special Terms and Conditions 8
Submittal of References
Statement of Contract Disqualification
Proposal Content
Proposal Evaluation and Consultant Selection
Proposal Review and Award Schedule
Ownership of Materials
Release of Reports and Information
Copies of Reports and Information
Required Deliverable Products
Attendance at Meetings and Hearings
D. Form of Agreement 9
E. Insurance Requirements 13
F. Proposal Submittal Forms 15
Proposal Submittal Summary
References
Statement of Past Contract Disqualification
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Section A
DESCRIPTION OF WORK
The City is requesting proposals from professionals with experience assisting California Cities
identify financing options for operations of storm water drainage system(SWDS). The City has
in the past funded all storm water operations from the General Fund. With the Federal National
Pollution Discharge Elimination System (NPDES) program and with the existence of an aging
infrastructure it is time for the City to look for ways to fairly distribute the cost of these programs
to those requiring the services.
Background
The City is proceeding on several fronts in the storm water arena. First it is collecting data on
rainfall and runoff. Second it is gathering an inventory of existing drainage system components.
It is doing this in two ways. The constructed portion is being inventoried and mapped by City
staff, and the major natural system is being mapped and inventoried by a consultant, Questa
Engineering. Third the City is developing an information program to inform its citizens of the
need to maintain the constructed and natural waterways. The City recognizes that the waterways
need better management, to keep them healthy. The City also must solve flooding problems in
some parts of the community. Major flooding problems have been identified on the FIRM and
are being investigated further by Questa Engineering.
Scope
The Scope of this project is divided into three major phases. The first phase is to perform a
Preliminary Study of feasible methods available to the City to fund a SWDS. The second phase
would be to assist the City to initiate a Storm Water Drainage Utility (SWDU) and the third
would be to assist the City begin operation of a SWDU. Moving to each successive phase would
be dependent upon successful completion of the prior phase and approval by the Council.
Preparation of this study will be made in the context that this is a public process. The consultant
shall include in his program ample opportunity for the public to become knowledgeable about
what is being considered and to provide input.
Phase One-Study of Financial Options.
During the first phase the consultant should identify various funding mechanisms available to the
City to support the storm drainage program. The consultant will list the advantages and
disadvantages of each. The consultant will make a recommendation of a viable funding option.
Concerns about Proposition 218 should be considered and addressed. A revenue structure for
each viable funding mechanism shall be proposed and modeled. The city is particularly
interested in the concept of Equivalent Residential Unit that has been used in other communities
and may be appropriate here. The modeling of the rate structures should provide information to
help the community understand the impacts of rates on various kinds and sizes of properties and
the resulting revenue stream and ability to support the program.
Prior to presentation of a final report to the City Council for this phase the consultant shall make
at least two "town hall" presentations. The first meeting shall be early in the process where
various ideas can be discussed and members of the public can provide input, ideas, and list
concerns. At the second meeting the consultant shall provide response to the publics concerns,
present his alternative programs and again receive public input. The consultant shall consider the
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public's comments and address their concerns in the final report to the City Council.
The final report for the first phase shall also include a section describing a work program and
proposed budget to complete phase two should the Council decide that they want to initiate the
recommended program.
A final report of the Preliminary findings of Phase One will be presented to the City Council at a
study session. The final report, made at a regular meeting with the City Council will summarize
the findings of the work of the consultant,recommend whether the City should proceed to form a
SWDU and, if so, how it should be funded. The report will recommend the funding mechanism,
billing alternatives, and rate structure. It should provide examples to clearly show who it would
impact and how. If any environmental documentation or process is required, it will be handled
either as a separate project,or, as additional work to this contract.
Phase Two-Establishment of SWDU.
Upon acceptance of the Phase One report by the Council, the Council may direct the contractor
to proceed to the second phase of the project. This phase shall culminate with the establishment
of a SWDU. The scope of work for this phase shall be the one prepared by the consultant in
Phase One with modification to reflect the funding program chosen by the Council. The Phase
Two program will involve the consultant working with City staff to develop policy and
procedures necessary to establish the SWDU chosen by the Council. This will include public
relations and information programs, proposed budgets, administrative policies and procedures.
Estimates of revenues shall be based on gross summary information of data available to be used
in actual bills. The consultant shall provide legal counsel to the City Attorney and prepare the
necessary Ordinances and Resolutions necessary. During the process the consultant will attend
public meetings, including Council meetings, to present the program and to answer questions.
(Minimum of four public meetings total.)
A final activity of this phase will be the establishment or a work plan and estimated budget for
first two years of operation of the SWDU.
Phase Three-Implementation of SWDU.
The third and final phase of the program would begin once the SWDU is established. During
this phase the consultant will assist the City to establish the operations including budgets, billing
database, billing rates, and billing procedures. Data will be developed, such as actual
measurement of areas, run-off rates and establishment of other relevant information for the final
billing method to be used to establish individual property liability which will be the basis for
bills for service following policies and procedures developed and approved in Phase Two. Staff
training will be an extensive part of this final phase of the project.
The Council may choose to end this contract at any time or at the end of any phase. Terms of the
Contract will be followed if this should occur to close out the project.
Schedule of activities
The work of this consultant will be independent of other work running concurrently and
necessary to establish the SWDU. These other projects, information program, infrastructure
mapping,capacity and condition inspections will be carried out under City direction either by the
City or by other consultants working for the City. The Consultant performing under this contract
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will advise the City of activities that are required for their work and will coordinate their work
with the City and the other consultants. The goal of this program is io establish a funding
mechanism (and specifically a SWDU, if chosen by the City Council) by July 2002 in order to
meet the fiscal demands of implementing NPDES-Phase 11 requirements. The consultant
proposing to do this project should comment on the schedule and recommend a schedule for each
phase that would accomplish the goal.
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Section B
GENERAL TERMS AND CONDITIONS
PROPOSAL REQUIREMENTS
1. Requirement to Meet All Provisions. Each individual or firm submitting a proposal shall meet
all of the terms, and conditions of the Request for Proposals (RFP) specifications package. By
virtue of its proposal submittal,the proposer acknowledges agreement with and acceptance of all
provisions of the RFP specifications.
2. Proposal Submittal. Each proposal must be submitted on the form(s) provided in the
specifications and accompanied by any other required submittals or supplemental materials.
Proposal documents shall be enclosed in an envelope, which shall be sealed and addressed to the
Public Works Department, City of San Luis Obispo, 955 Morro Street, San Luis Obispo, CA,
93401. In order to guard against premature opening, the proposal should be clearly labeled with
the proposal title, specification number, name of proposer, and date and time of proposal
opening. No FAX submittals will be accepted.
3. Insurance Certificate. Each proposal must include a certificate of insurance showing:
a. The insurance carrier and its A.M.Best rating.
b. Scope of coverage and limits.
C. Deductibles and self-insured retention.
The purpose of this submittal is to generally assess the adequacy of the proposer's insurance
coverage during proposal evaluation; as discussed under paragraph 12 below, endorsements are
not required until contract award. The City's insurance requirements are detailed in Section E.
4. Proposal 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 Public Works for its withdrawal, in which event the proposal will be returned to the
proposer unopened. No proposal received after the time specified or at any place other than that
stated in the "Notice Inviting Bids/Requesting Proposals" will be considered. All proposals will
be opened and declared publicly. Proposer or their representatives are invited to be present at the
opening of the proposals.
5. 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.
6. 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.
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CONTRACT AWARD AND EXECUTION
7. 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.
8. Competency and Responsibility of Proposer. The City reserves full discretion to determine
the competence and responsibility, professionally and/or financially, of proposer. Proposer will
provide, in a timely manner, any and all information which the City deems necessary to make
such a decision.
9. 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.
10. 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.
11. 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
12. 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.
13. 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.
14. Payment of Taxes. The contract prices shall include full compensation for all taxes which the
Contractor is required to pay.
15. Permits and Licenses. The Contractor shall procure all permits and licenses, pay all charges
and fees,and give all notices necessary.
16. Safety Provisions. The Contractor shall conform to the rules and regulations pertaining to
safety established by OSHA and the California Division of Industrial Safety.
17. 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 as a result of the Contractors operations, it shall be replaced or restored at the
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Contractors expense. The facilities shall be replaced or restored to a condition as good as when
the Contractor began work.
18. 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.
19. 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.
20. 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.
21. 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).
22. Inspection. The Contractor shall furnish City with every reasonable opportunity for City to
ascertain that the services of the Contractor are being performed in accordance with the
requirements and intentions of this contract. All work done and all materials fumished, if any,
shall be subject to the City's inspection and approval. The inspection of such work shall not
relieve Contractor of any of its obligations to fulfill its contract requirements.
23. 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.
24. 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.
25. 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
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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.
26. 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.
27. 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 further duties, obligations, responsibilities, or rights under the contract
except, however, any and all obligations of the Contractors surety shall remain in full force and
effect, and shall not be extinguished, reduced, or in any manner waived by the termination
thereof.
In said event, the Contractor shall be entitled to the reasonable value of its services performed
from the beginning date in which the breach occurs up to the day it received the City's Notice of
Termination, minus any offset from such payment representing the City's damages from such
breach. "Reasonable value" includes fees or charges for goods or services as of the last
milestone or task satisfactorily delivered or completed by the Contractor as may be set forth in
the Agreement payment schedule; compensation for any other work, services or goods performed
or provided by the Contractor shall be based solely on the City's assessment of the value of the
work-in-progress in completing the overall work scope.
The City reserves the right to delay any such payment until completion or 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. Submittal of References. Each proposer shall submit a statement of qualifications and
references on the form provided in the RFP package.
2. Statement of Contract Disqualifications. Each proposer shall submit a statement regarding
any past governmental agency bidding or contract disqualifications on the form provided in the
RFP package.
3. 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 and total cost to complete the work. This total cost should include all
costs including hourly rates, supplies, travel, mailings etc. required to complete the work
as you have described it.
k. Services or data to be provided by the City.
1. Any other information that would assist us in making this contract award decision.
Proposal Length and Copies
M. Proposals should not exceed 10 pages, excluding attachments and supplemental
materials.
n. 5 copies of the proposal must be submitted.
4. Proposal Evaluation and Consultant Selection. Proposals will be evaluated by a review
committee using a one or two-phase selection and contract award process as follows:
Phase I- Written Proposal Review/Finalist Candidate Selection
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If there is no clear outstanding proposal a group of finalist candidates (generally the top 3 to 5 five
proposers) will be selected for follow-up interviews and presentations.
Proposals will be reviewed and ranked utilizing 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 experience of the specific individuals to be assigned to this project.
h. Cost.
Phase 2—Oral Presentations/Interviews and Consultant Selection (This section only applies if there is
no clearly outstanding proposal submitted.)
Finalist candidates will be interviewed by the City's project manager. These interviews may be
conducted by telephone or in person. The City's project manager will interview any of the
proposed consultant staff named in the proposal as necessary to complete his evaluation. 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 scope and/or
method and amount of compensation.
Contract award will be based on a combination of factors that represent the best overall value for
completing the work scope as determined by the City, including: the written proposal criteria
described above; results of background and reference checks; results from the interviews and
presentations phase, if conducted; and proposed compensation.
5. Proposal Review and Award Schedule. The following is an outline of the anticipated schedule
for proposal review and contract award:
a. Issue RFP 7/15/2000
b. Receive proposals 8/15/2000
C. Complete proposal evaluation 9/1/2000
d. Conduct finalist interviews-if needed 9/15/2000
e. Finalize staff recommendation 9/22/2000
f. Award contract 10/2/2000
g. Execute contract 10/16/2000
h. Start work 1 l/1/2000
6. 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.
7. 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.
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8. 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.
9. Required Deliverable Products. The Contractor will be required to provide:
a. 3 copies of the final report that addresses all elements of the workscope. City staff will
review any documents or materials provided by the Contractor 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 work scope, 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:
• 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,or CD's formatted for use
on IBM-compatible systems. Each diskette must be clearly labeled and have a printed
copy of the directory.
10. Attendance at Meetings and Hearings. As part of the work scope for Phase One and included
in the contract price is attendance by the Contractor at up to 3 public meetings to present and
discuss its findings and recommendations. Contractor shall attend as many "working" meetings
with staff as necessary in performing work scope tasks. Phase Two and Three will have
additional meetings to be determined in the workscope.
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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 this day
of by and between the CITY OF SAN LUIS OBISPO, a municipal
corporation, hereinafter referred to as City, and [(QONTRA(,'L-OR',&NAMEjN,CAPITAIiLX EiTERSI, hereinafter
referred to as Contractor.
WITNESSETH:
WHEREAS, on [&R, City requested proposals for National Pollutant Discharge Elimination System-
Phase H-Financing Options Study per Specification No.90132.
WHEREAS, pursuant to said request, Contractor submitted a proposal that was accepted by City for said
professional 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 professional services.
2. INCORPORATION BY REFERENCE. City Specification No 90132 and Contractor's proposal dated
[date],are hereby incorporated in and made a part of this Agreement
3. CITY'S OBLIGATIONS. For providing professional services as specified in this Agreement, City will
pay and Contractor shall receive therefore compensation not to exceed $xxxxx. Payments will be based
upon actual hours worked and costs incurred related to the work performed
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 perform the work
described in this agreement and as described in the request for proposals dated xxxx and the Contractors
proposal dated xxxxx attached hereto and incorporated in this Agreement.
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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 Director of Public Works 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.
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 Director of Public Works
City of San Luis Obispo
Atm.Mr.Michael McCluskey
955 Monro Street
San Luis Obispo,CA 93401
Contractor [ ]
[ 1
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:
City Clerk City Administrative Officer orMa of
APPROVED AS TO FORM: CONTRACTOR
By:
City Attorney
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16
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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,
official,employees,agents or volunteers.
2. For any claims related to this project, the Contractor's insurance coverage shall be primary
insurance as respects the City, its officers, officials, employees, agents and volunteers. Any
insurance or self-insurance maintained by the City, its officers, officials, employees, agents or
volunteers shall be excess of the Contractor's insurance and shall not contribute with it.
3. 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.
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5. Each insurance policy required by this clause shall be endorsed to stawthat coverage shall not be
suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty
(30) days' prior written notice by certified mail, return receipt requested, has been given to the
City.
Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of
no less than A:VII.
Verification of Coverage. Contractor shall furnish the City with a certificate of insurance showing
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.
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PROPOSAL SUBMITTAL FORM
The undersigned declares that she or he has carefully examined Specification No.90132,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:
NPDES Phase II Financial Options Stud
Phase 1
Phase 2
Phase 3
TOTAL $
❑ Certificate of insurance attached; insurance company's A.M.Best rating:
Firm Name and Address
Contact Phone
Sinature of Authorized Re resentahive
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 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. l
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
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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
g:\-current projects\dtainage\npdes programiswdu otganizadonWp-utility district formation-cip 90132.doc
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PROPOSERS LIST -
Hams&Associates Willdan
Attn.Jeff Cooper 2125 East Katella Avenue
120 Mason Circle Anaheim,CA. 92806
Concord,CA. 94520 714-940-6300
1-800-827-4901-331 714-940-4920
icooper@harris-assoc.com
Boyle Engineering Corp David M. Griffith and Associates,LTD
973 Higuera Street 5715 Marconi Ave. Suite A
San Luis Obispo,CA 93401 Carmichael,CA 95608
805-542-9840
Ernst and Young Evensen Dodge,Inc.
Suite 650 650 Town Center Dr. Suite 430
555 Capitol Mall Costa Mesa,CA.92626
Sacramento,CA 95814
New Point Group Alvord,Burdick and Howson
Atm Mr.Ed Kaempf 20 N.Wacker Drive, Suite 1401
2555 Third St. Suite 215 Chicago,IL 60606
Sacramento, CA 95818-1100
916-449-3523
Fieldman,Rolapp and Associates
2100 Main Street Suite 210
Irvine, CA 92614
949-660-8500
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