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HomeMy WebLinkAbout06/04/2002, C4 - WATER TREATMENT PLANT IMPROVEMENTS PROJECT RFP, CITY SPECIFICATION NO. 90225 / 1 i council ° Acjcnda RcpoRt °C4m�. CITY O F SAN LUIS O B 1 S P 0 FROM: John Moss,Utilities Directo �^ Prepared by: Dan Gilmore,Utilities Eng! SUBJECT: WATER TREATMENT PLANT IMPROVEMENTS PROJECT RFP, CITY SPECIFICATION NO. 90225 CAO RECOMMENDATION: Approve the Request for Proposals for the Water Treatment Plant Improvements Project, authorize staff to solicit proposals, and authorize contract award by CAO if the contract amount negotiated with the selected consultant is less than the available budget of$125,000. DISCUSSION: In October of 2000,the Water System Master Plan was completed by Boyle Engineering. The plan identified a number of improvements to enhance operational capabilities and flexibility at the Water Treatment Plant. The recommended improvements require additional study and analysis, followed by the preparation of plans and specifications for construction. The attached Request for Proposals (RFP)has been prepared to solicit interest from qualified firms for the study, analysis,and design of these improvements at the Water Treatment Plant. The work identified in the RFP will include an evaluation of treated water storage capacity at the Water Treatment Plant. It is anticipated that a second clearwell will need to be constructed to improve operations and reliability. The evaluation will determine the size of tank needed to provide the necessary storage, while minimizing costs. The design effort will include plans for the site preparation and construction of the tank. Along with the design of the second clearwell, the consultant will be asked to provide a seismic evaluation of the existing clearwell and an older wash-water tank. If needed, improvements will be designed to insure that these facilities will perform properly following an earthquake. The consultant will also be asked to make recommendations for the repair and recoating of the existing clearwell. The scope of work in the RFP includes an evaluation of the transfer pump station. Recommended improvements could include new pumps,motors,piping,and controls. The consultant will be asked to provide new pump and motor specifications that are suitable for bidding purposes, for inclusion in a separate project to be undertaken by City staff. Other study and design components of this RFP include a determination of the feasibility for providing domestic water service to the Water Treatment Plant from the pipeline from Reservoir 42, which is located above the Water Treatment Plant on Stenner Creek Road. This would allow the elimination of a pump system for domestic service and fire protection. C4-1 Council Agenda Report—Water Treatment Plant Improvements Project—Spec.No.90226 Page 2 Analysis of the feasibility, and design services for, reactivation of the Stenner Canyon hydroelectric facility is currently being considered by staff and will be brought to Council under a separate contract with Kinetics, an energy services contractor selected to prepare a final scope of work and proposed contract under the recently released RFP for Energy Services. Work associated with these two contracts will be coordinated as appropriate as we proceed into design. FISCAL IMPACT: The Water Treatment Plant Improvements Project is identified in the 2001-03 Financial Plan, Appendix B — Capital Improvement Plan, page 110. There is currently $125,000 in the project budget to support the study and design aspects of the project. ALTERNATIVES: Defer the project This alternative is not recommended, as it would result in decreased flexibility and reliability with respect to operations at the Water Treatment Plant. Also, the existing 4.0 MG clearwell is in desperate need of repair and recoating, which will require the tank to be taken out of service. Delay of this work could jeopardize the continued use of the existing clearwell. ATTACHMENTS: 1 —Request for Proposals, Specification No. 90225 File Path: Util on 879_morro\sys\Groups\Council Agenda Reporls\2002 Council Agenda Reports\Water Treatment Plant CAR C4-2 c,41Y, e17/- 1 �i11111111llJ Iliiiill city or i4 san Luis om s.po 990 Palm Street s San Luis Obispo,CA 93401 Notice Requesting Proposals for Analysis and Design Services for Water Treatment Plant Improvements The City of San Luis Obispo is requesting sealed proposals for development of recommendations for improvements at the City's Water Treatment Plant and subsequent design of the necessary improvements pursuant to Specification No. 90225. All proposals must be received by the Department of Public Works by 3:00pm on Thursday, July 11, 2002, 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 Department of Public Works 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 conference will be held at the Utilities Administration Office, at 879 Morro Street, San Luis Obispo on Wednesday, June 19, 2002 at 2:00pm to answer any questions that the prospective proposers may have regarding the City's request for proposals. A tour of the Water Treatment Plant and related facilities will follow the pre-proposal conference for any interested parties. Proposal packages may be obtained at the City's website: www.slocity.org under Bids&Proposals, or by emailing your request to pking@slocity.org,or by faxing your request to the Public Works Department at (805) 781-7198. Please include your company name, street address,phone,fax, and email address,along with the name and specification number of the RFP you are requesting. Questions may be directed to Dan Gilmore,Project Manager, at(805) 781-7208 or d ilmore slocitv.ore. ® 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. C4-3 v3 Attachment 1 Specification No. 90225 TABLE OF CONTENTS r A. Description of Work 1 B. General Terms and Conditions 4 Proposal Requirements Contract Award and Execution Contract Performance C. Special Terms and Conditions S Contract Term Proposal Content Proposal Evaluation and Selection Proposal Review and Award Schedule Unrestrictive Brand Names Start and Completion of Work Accuracy of Specifications D. Agreement 12 E. Insurance Requirements 14 F. Proposal Submittal Forms 16 Proposal Submittal Summary References C44 I Attachment 1 Section A DESCRIPTION OF WORK A. INTRODUCTION The City of San Luis Obispo is seeking a qualified team to provide professional engineering services for: A. the preparation of a preliminary design report for recommended improvements to enhance operations at the Water Treatment Plant, and an evaluation of the ability of existing facilities to withstand seismic events; and B. the design of the recommended improvements including plans, specifications, and other necessary documents for bidding purposes, and the initial environmental assessment relative to construction of the improvements. It should be noted that the chosen consultant will be asked to meet with staff after being chosen and before the contract is negotiated to clarify the work to be done and the final contract costs. The consultant will also include. in the work schedule ample time for staff and consultant to review the activities and process to assure the project is executed expeditiously and that the final product-meets-the City's needs. B. PROJECT BACKGROUND The City of San Luis Obispo operates and maintains a surface water treatment plant (WTP) on Stenner Creek Road that provides the majority of the potable water for the City, as well as Cal Poly State University. The water treated at the San Luis Obispo Water Treatment Plant comes from Santa Margarita Lake (Salinas Reservoir) and Whale Rock Reservoir. The existing WTP was originally built in 1964 with a design capacity of 8 million gallons per day (mgd) and is a conventional filtration plant. The original plant utilized chlorine as the primary disinfectant and included flocculation, sedimentation, and filtration. Fluoride is also added at the end of the treatment process. An upgrade of the WTP was completed in December of 1994 to meet the requirements of the Safe Drinking Water Act and pending regulatory requirements. The upgraded facility utilizes ozone as the primary disinfectant and the plant capacity was also increased to 16 mgd. The rated capacity of 16 mgd would require 8 mgd from each lake with the water from Whale Rock receiving direct filtration. The current sedimentation process has limited hydraulic capacity,which necessitates the split treatment of the two water sources to achieve the theoretically rated capacity of 16 mgd. A Water Master Plan for the City of San Luis-Obispo was recently prepared by Boyle Engineering Corporation. Relative to the Water Treatment Plnt , the Water Master Plan identified a number of issues and improvements that should be considered to enhance operational capabilities and insure the facilities would perform adequately following an earthquake event. The recommended improvements and studies identified in the Master Plan are the focus of this RFP and are discussed in more detail in the following sections. C. SCOPE OF WORK The City is looking for a qualified team of consultants that can work with City staff relative to several areas of potential operational deficiencies at the WTP which were identified in the Water Master Plan. The City anticipates that the scope of work will be carried out in two phases: C4-5 1 Attachment 1 Phase I—Study and Preliminary Design Phase I Tasks ■ Prepare hydraulic study relative to onsite water storage needs and sizing of transfer pumps to provide operational flexibility for moving water out of the treatment plant and into the City or up Stenner Canyon to Reservoir No.2. ■ Prepare analysis and provide recommendations relative to the following issues associated with a new onsite clearwell (storage tank) — size, siting, constraints, soil conditions, above or below grade storage facility, piping, operational flexibility, construction materials, coatings, and cost estimates. ■ Provide assessment of necessary improvements associated with new pumps and motors at the Transfer Pump Station, including above grade piping, valves, etc. Provide new pump and motor specifications that are suitable for bidding purposes for inclusion in a separate project to be undertaken by City staff. ■ Analyze the potential to serve onsite plant water demand by connection to water supply line from Reservoir No. 2. Analysis must include evaluation of adequacy of new supply source to serve existing fire sprinkler system and on-site fire hydrants. The evaluation shall include cost estimates for new system as well as existing equipment which will no longer be needed or maintained following construction. ■ Prepare seismic evaluation and risk assessment of existing 4 million gallon clearwell and the older 180,000-gallon wash water tank. If needed, recommend improvements and prepare cost estimates for the improvements needed to insure proper performance during a typical design earthquake event. ■ Review dive reports for the existing 4.0 mg clearwell and provide recommendations and cost estimates for necessary repairs and recoating of the tank ■ Evaluate a Water Facilities Master Plan recommendation to modify the existing wash-water control structure to more effectively utilize existing wash-water recovery basins. ■ Discussions and interaction between the Consultant and City staff is considered critical to the success of the overall project. The Consultant shall assume that several meetings with City staff will be required during the project studyphase, as well as the subsequent design phase. ■ Present recommendations in the Phase I Study to the City Council(one meeting). Phase I Deliverables ■ Five (5) bound copies of the Draft Study and Preliminary Design Report for City review and comment. ■ Five (5) bound copies and one camera ready copy of the Final Study and Preliminary Design Report incorporating City comments and requested revisions. One electronic copy of all files required to print the Final Report using the software programs identified in Special Terms and Conditions. In addition, one electronic copy in Adobe Acrobat PDF format at high resolution suitable for printing purposes, with all figures and text in one file. Phase Q—Environmental Review and Contract Documents for Construction Phase II Tasks ■ Following City review and approval of the recommendations in the Phase I report, prepare an initial environmental assessment for the project for City review and approval. Assuming a new clearwell is warranted, the analysis (at a minimum) shall include visual impacts, safety issues, C4-6 2 � 1 Attachment 1 and archeological issues. ■ Prepare plans and specifications for the construction of the recommended improvements identified in the Phase I report. The plans and specifications shall utilize City standard details and specifications to the maximum extent possible. City will provide electronic copies of, standard.specifications and standard plan sheets. The plans shall be produced in metric units. ■ Present plans to the Architectural Review Commission and the City Council for review and Approval (a minimum of two meetings should be anticipated).. Phase H Deliverables Five (5) copies of the draft initial environmental assessment for City review and comment. ■ Five (5) copies of the final initial environmental assessment which incorporates City comments and requested revisions. ■ At 50%completion,five(5)review copies of the draft plans and specifications for improvements and preliminary engineering cost estimate and construction schedule. ■ At 90% completion, five (5) review copies of the draft plans and specifications for improvements and final engineering cost estimate and construction schedule. ■ At 100% completion, three (3) final sets of bound plans and specifications and one unbound reproducible set of final plans and specifications,ready for reproduction. ■ One electronic copy of all files needed to print the plans and specifications using software programs identified in the Special Terms and Conditions. C4-7 3 i Attachment 1 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 that shall be sealed and addressed to the Public Works Department, City of San Luis Obispo, 955 Mono Street, San Luis Obispo, CA, 93401. In order to guard against premature opening, the proposal should be clearly labeled with the proposal title, specification number, name of proposer, and date and time of proposal opening. No FAX submittals will be accepted. 3. Insurance Certificate. Each proposal must include a certificate of insurance showing: a. The insurance carrier and its A.M.Best rating. b. Scope of coverage and limits. C. Deductibles and self-insured retention. The purpose of this submittal is to generally assess the adequacy of the proposer's insurance coverage during proposal evaluation; as discussed under paragraph 12 below, endorsements are not required until contract award. The City's insurance requirements are detailed in Section E. 4. Proposal Quotes and Unit Price Extensions. The extensions of unit prices for the quantities indicated and the lump sum prices quoted by the proposer must 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 Inviting Bids/Requesting Proposals" will be considered. All proposals will be opened and declared publicly. Proposers or their representatives are invited to be present at the opening of the proposals. 6. Submittal of One Proposal Only. No individual or business entity of any kind shall be allowed to make or file, or to be interested in more than one proposal, except an 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. C4-8 4 Attachment 1 7. Communications. All timely requests for information submitted in writing will receive a written response from the City. Telephone communications with City staff are not encouraged, but will be permitted. However,any such oral communication shall not be binding on the City. CONTRACT AWARD AND EXECUTION 8. 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. 9. 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. 10. 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. 11. 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. 12. Business Tax. The Contractor must have a valid City of San Luis Obispo business tax certificate before execution of the contract. Additional information regarding the City's business tax program may be obtained by calling(805) 781-7134. CONTRACT PERFORMANCE 13. 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. 14. 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. 15. Payment of Taxes. The contract prices shall include full compensation for all taxes that the Contractor is required to pay. 16. Permits and Licenses. The Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary. 17. Safety Provisions. The Contractor shall conform to the rules and regulations pertaining to safety established by OSHA and the California Division of Industrial Safety. C4-9 5 Attachment 1 18. 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. 19. 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. 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 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. 23. 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). 24. Inspection. The Contractor shall furnish City with every reasonable opportunity for City to ascertain that the services of the Contractorare 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 411 records and other written materials used by Contractor in preparing its invoices to City as a condition precedent to any payment to Contractor. C4-10 6 Attachment 1 26. Interests of Contractor. The Contractor covenants that it presently has no interest, and shall not acquire any interest-direct, indirect or otherwise—that would conflict in any manner or degree with the performance of the work hereunder. The Contractor further covenants that, in the performance of this work, no subcontractor or person having such an interest shall be employed. The Contractor certifies that no one who has or will have any financial interest in performing this work is an officer or employee of the City. It is hereby expressly agreed that, in the performance of the work hereunder, the Contractor shall at all times be deemed an independent contractor and not an agent or employee of the City. 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 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. 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. Termination. If, during the term of the contract, the City determines that the Contractor is not faithfully abiding by any term or condition contained herein, the City may notify the Contractor in writing of such defect or failure to perform. This notice must give the Contractor a ten (10) calendar day notice of time thereafter in which to perform said work or cure the deficiency. If the Contractor has not performed the work or cured the deficiency within the ten 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. C4-11 7 Attachment 1 Section C SPECIAL TERMS AND CONDITIONS 1. Proposal Content. Your proposal must include the following information: Submittal Forms a. Certificate of insurance. b. References from at least three firms for whom you have provided similar services. Qualifications a. Experience of your firm in performing similar services. b. Resumes of the individuals who would be assigned to this project, including any sub- consultants. C. Standard hourly billing rates for the assigned staff, including any sub-consultants. d. Statement and explanation of any instances where your firm has been removed from a project or disqualified from proposing on a project. Work Program e. Description of your approach to completing the work. f. Tentative schedule by phase and task for completing the work. g. Estimated hours for your staff in performing each major phase of the work, including sub-consultants. In. Services or data to be provided by the City. i. Any other information that would assist us in making this contract award decision. Proposal Length and Copies j. Proposals shall be kept to a minimum necessary to address the requirements of the RFP. k. Five(5)copies of the proposal must be submitted. 2. Proposal Evaluation and Consultant Selection. Proposals will be evaluated by a review committee using a two-phase.selection and contract award process as follows: Phase 1— Written Proposal Review/Finalist Candidate Selection A group of finalist candidates (generally the top 3 to 5 five proposers) will be selected for follow-up interviews and presentations based on the following criteria as evidenced in their written proposals: 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. C4-12 8 Attachment 1 Phase 2—Oral Presentations/Interviews and Consultant Selection Finalist candidates will make an oral presentation to the review committee and answer questions about their proposal. The purpose of this second phase is two-fold: to clarify and resolve any outstanding questions or issues about the proposal; and to evaluate the proposer's ability to clearly and concisely present information orally. As part of this second phase of the selection process, finalist candidates will submit proposed compensation costs for the work, including:a proposed payment schedule tied to accomplishing key project milestones or tasks. 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 workscope 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 workscope 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; and proposed compensation. If after reviewing the proposals, the City determines that one proposer clearly stands out above the others,the interview phase may be omitted. 3. Proposal Review and Award Schedule. The following is an outline of the anticipated schedule for proposal review and contract award: a. Issue RFP 6/8 b. Conduct pre-proposal conference 6/19 C. Receive proposals 7/11 d. Complete proposal evaluation 7/18 e. Conduct finalist interviews 7/23 f. Finalize staff recommendation 7/25 g. Award contract 8/1 h. Execute contract 8/8 i. Start work 8/12 4. 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: Wednesday,June 19, 2002,2:00pm Utilities Administration Conference Room 879 Morro Street, San Luis Obispo,CA 5. 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. 6. 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. C4-13 9 Attachment 1 7. 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. 8. Format for Computer Files., 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: • Word Processing Word • Spreadsheets Excel • Desktop Publishing Coreldraw,Pagemaker • Computer Aided Drafting(CAD) AutoCad Computer files must be on 3Y2", 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. Alternatively, files may be emailed to the City. 9. Attendance at Meetings and Hearings. As part of the workscope and included in the contract price is attendance by the Contractor at up to three (3)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. 10. 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. 11. 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. Proposers are cautioned to undertake an independent analysis of any test results in the specifications, as City does not guaranty the accuracy of its interpretation of test results contained in the specifications package. In preparing its 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. C4-14 10 Attachment 1 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 therefor 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)worldng 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:. C4-15 11 Attachment 1 Section D FORM OF AGREEMENT -77-77777 1 �s 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 ONTRACTOR'3,:R IE INt)MAL hereinafter referred to as Contractor. WITNESSETH:. WHEREAS,on a ]t ,City requests for proposals for analysis and design services for water treatment plant improvements per Specification No.90225. WHEREAS, pursuant to said request; Contractor submitted a proposal that was accepted by City for said services. NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained,the parties hereto agree as follows: 1. TERM. The term of this Agreement shall be from the date this Agreement is made and entered,as first written above,until acceptance or completion of said services. 2. INCORPORATION BY REFERENCE. City Specification No. 90225 and Contractor's proposal dated[�,are hereby incorporated in and made a part of this Agreement. 3. CITY'S OBLIGATIONS. For providing the services as specified in this Agreement, City will pay and Contractor shall receive therefor compensation in a total sum not to exceed 4. CONTRACTOR'S OBLIGATIONS. For and in consideration of the payments and agreements hereinbefore mentioned to be made and performed by City, Contractor agrees with City to do everything required by this Agreement and the said specifications. 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 Council of the City. C4-16 12 Attachment 1 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 Pam King Public Works Department City of San Luis Obispo 955 Morro 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: City Clerk City Administrative Officer Vor Mayor APPROVED AS TO FORM: CONTRACTOR By: City Attorney C4-17 13 Attachment 1 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 fess 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 selfinsured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond .guaranteeing payment of losses and related investigations, claim administration and defense expenses. Other Insurance Provisions. The general liability and automobile liability policies are to contain,or be endorsed to contain,the following provisions: 1. The City, its officers,officials, employees, agents and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, official,employees,agents or volunteers. 2. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought,except with respect to the limits of the insurer's liability. C4-18 14 Attachment 1 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 ANLL 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. C4-19 15 Attachment 1 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 C4-20 16 Attachment 1 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 C4-21 17