Loading...
HomeMy WebLinkAbout04/20/1993, C-4 - REQUEST FOR PROPOSAL - ENVIRONMENTAL SITE ASSESSMENT FOR THE SOUTHERN CALIFORNIA GAS PROPERTY iIINNIINII�����IIu�Ih ���Ii city of $an LUIS OBi spo Meeting L, April 20, 1993 MR A r COUNCIL AGENDA REPORT -466 C-*�4 FROM: Robert Neumann, Fire Chief BY: Erwin Willis, Battalion Chief SUBJECT: Request For Proposal - Environmental Site Assessment for the Southern California Gas Property CAO RECOMMENDATIONS: By motion, authorize the CAO to release a Request For Proposal to provide a Phase I and Phase H Environmental Site Assessment for the Southern California Gas Company property located at 2160 Santa Barbara.Street and authorize the CAO to award and execute agreement with successful bidder if the proposal is $25,000 or less. DISCUSSION: The City's Capital Improvement Program calls for the replacement of the existing Fire Station One during FY 1993-95. Under consideration for this project is the purchase of a 2.4 acre commercial site from the Southern California Gas Company, located at 2160 Santa Barbara Street. However, because of questionable past uses on this site such as gas manufacturing, the City will require that an extensive environmental site investigation be performed prior to moving forward with negotiations. The City has entered into negotiations with the Gas Company for the purchase of this property. Part of the agreement calls for a Phase I and H environmental assessment of the site. The cost of this assessment is to be born equally by the Gas Company and the City up to a maximum expenditure by the Gas Company of$15,000. Staff estimates the assessment cost to be $20,000 to $25,000. FISCAL IMPACT: The City's portion of this assessment is estimated to be between $10,000 and $12,500. This cost will be part of the purchase price of the property. If the City does not purchase the property due to site contamination the Gas Company will pay the assessment cost up to $15,000. Any additional cost would be covered by the City. ATTACHMENTS: I. Request for Proposal H. Contract Agreement MA551.DOC G -� REQUEST FOR PROPOSAL PROJECT DESCRIPTION AND SITE LOCATION The City of San Luis Obispo desires to provide a replacement facility for the existing Main Fire Station in San Luis Obispo. The project involves a 2.4 acre site located at 2160 Santa.Barbara Street, which is currently owned and operated by the Southern California Gas Company. The City is considering the purchase of this property for locating the new station. However, because of questionable past uses on this site such as gas manufacturing, the City will require that an extensive environmental site investigation be performed prior to moving forward with property negotiations. The Consultant will be representing the City of San Luis Obispo only. Proposals should be designed to accurately define existing site conditions, relative to current and past uses; (i.e. a Phase I and a Phase II Environmental Site Assessment). SITE INSPECTION A site inspection tour will be conducted on May 6, 1993 at 10 a.m. Those interested should meet at 2160 Santa Barbara Street (entrance gate on Roundhouse Drive), at 10 a.m. sharp. Also for review will be an older areal photo from the 1930's which will identify areas of concern. SELECTION PROCESS The acceptance of proposals from contractors does not in any way obligate the City. The City reserves the right to waive irregularities and to reject any and all proposals. The proposals submitted will be reviewed by a selection committee consisting of City staff members. Some of the criteria upon which the evaluation of the proposals will be based are: 1. Demonstrated competence on similar projects, including experience and technical expertise. 2. Level of service and timely responsiveness that the contractor can provide the City. 3. The overall project cost. 4. Quality and depth of references. 5. Financial stability and reputation of consultant. 6. Be properly licensed to perform the required work. Please note that an award of contract will not be based solely on price, but a combination of the above factors. The contractor shall represent and warrant that it has sufficiently informed itself in all matters affecting its ability to perform the work. Furnish the labor, materials and supplies, as well as MAS51.DOC c-4-A equipment needed for this bid, that it has checked its proposals for errors and omissions, and that prices stated in the proposal are correct and will be the basis for a final contract. The terms and conditions of the bid shall be incorporated into and made a substantial part of the final contract between the City and the selected contractor. Any exceptions the contractor would like in the terms or conditions of this bid shall be made in writing and received with the proposal. The contractor shall include a copy of any standardized contract which it currently uses and would wish to use for this project. Any conflicts between a standard contract form and the provisions of this Request For Proposal (RFP), shall be noted by the contractor in its proposal. All proposals submitted shall be valid for a period of ninety (90) days beginning from the date of awarding of bid. Any proposal may be withdrawn any time prior to the time fixed in the notice for the opening by written request. The request for withdrawal shall be executed by the proposer or his duly authorized representative. The withdrawal of a proposal does not prejudice the right of a contractor to file a new proposal. Proposals must be signed with the firm name and by a responsible officer or employee. Obligations assumed by such signature shall be initialed by the person signing the proposal. All proposals shall be typed. Proposals which include corrections made by crossing out or obvious erasures shall be initialed by the person signing the proposal. All proposals should indicate subcontractors to be used in the project. RTANT• Please ease n ote, that J any deviations are required from the scope of work fisted, (i.e. the discovery of significant soil contamination), the City reserves the right to renegotiate for contract services. MAS5I.DOC REQUEST FOR PROPOSAL Environmental Site Assessment Scope of Project The City of San Luis Obispo is considering the purchase of a 2.4 acre commercial site from the Southern California Gas Company, located at 2160 Santa.Barbara Street in San Luis Obispo. In order to move forward with the purchase of this property, the City will require that an environmental site assessment be performed. The Consultant/Contractor will be representing the City's interest in this matter. Part I: General Bid Terms and Conditions 1. Requirement to Meet All Bid Terms and Conditions - Each bidder shall meet all of the specifications and/or bid terms and conditions. By virtue of the bid submission and acceptance of the bid award, the bidder acknowledges agreement with and acceptance of all provisions of the conditions, except as expressly qualified in the bid proposal. Non-substantial deviations may be considered provided the bidder submits a full description and explanation of, and justifications for, the proposed deviations. Final determinations of any proposed deviation will be made by the City of San Luis Obispo. 2. Bid Submission - Each bid must be submitted on the form(s) provided in the bid package. Bid documents shall be enclosed in an envelope which shall be sealed and addressed to the City Clerk, City of San Luis Obispo, 990 Palm Street, San Luis Obispo, CA 93403-8100. In order to guard against premature opening, the bid should be clearly labeled with the bid title, name of bidder, and date and time of bid opening. 3. Bid Retention and Award - The City reserves the right to retain all bids for a period of 60 days for examination and comparison. The City also reserves the right to waive non-substantial irregularities in any bid, to reject any and all proposals, to reject or delete one part of a proposal and accept the other, except to the extent that the bids are qualified by specific limitations, and to make award to the lowest responsible bidder as the interest of the City may require. 4. Bid 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 Bid Submission Form(s). Any lump sum bid shall be stated in figures. The Bid Submission Form(s) must be totally completed. If the unit price and the total amount stated by any bidder for any item are not in agreement, the unit price alone will be considered as representing the bidder's intention and the total will be corrected to conform to the specified unit price. 5. Bid Withdrawal - A bidder may withdraw its proposal, without prejudice prior for the bid opening, by submitting a written request to the event the proposal will be returned to the bidder unopened. No proposal received after the time specified or at.any,place other than the place stated in the "Notice Inviting Bids" will be considered. All bids will be opened and declared publicly. Bidders or their representatives are invited to be present at the opening of the bids. MAS5I.DOC 6. Submission of One Bid Only - No individual, or business entity of any kind shall be allowed to make or file, or to be interested in more than one bid, except an alternative bid when specifically requested; however, an individual or business entity which has submitted a sub-proposal to a bidder submitting a proposal, or who has quoted prices on materials to such bidder, is not thereby disqualified from submitting a sub-proposal or from quoting prices to other bidders submitting proposals. 7. Contract Requirements - The bidder to whom award is made 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. The bidder warrants that he/she possesses, or has arranged through subcontracts, all capital and other equipment, labor and materials to carry out and complete the work hereunder in compliance with all Federal, State, County, City and Special District Laws, Ordinances, and Regulations which are applicable. 8. Failure to Accept Contract - If the bidder to whom the award is made fails to enter into the contract: the award will be annulled; any bid security will be forfeited in accordance with the Special Bid Terms and be made to the next lowest responsible bidder who shall fulfill every stipulation as if it were the party to whom the first award was made. 9. Contract Assignment - The bidder shall not assign, transfer, convey or otherwise dispose of the contract, or its right, title or interest, of its power to execute such a contract to any individual or business entity of any kind without the previous written consent of the City of San Luis Obispo. 10. Non-Discrimination - In the performance of the terms of this contract, the bidder 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, or religion of such persons. 11. Work Delays Should the successful bidder be obstructed of delayed in the work required to be done hereunder by changes in the work of 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, of 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 bidder. 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. 12. Labor Actions - In the event that the successful bidder is experiencing a labor action at the time of the award of the bid (or if its suppliers or subcontractors are experiencing such a labor action), the City reserves the right to declare said bidder is no longer the lowest bidder that is not experiencing a labor action, and to declare it to be the lowest responsible bidder. 13. Sales Tax Allocation - For sales occurring within the City of San Luis Obispo, the City is reimbursed one-sixth of the 7.25% sales tax paid. Therefore, for bids from retail firms located in MAS5I.DOC the City of San Luis Obispo at the time of bid closing for which sales tax is allocated to the City of San Luis Obispo, 1% of the taxable amount of the bid will be deducted from the bid by the City in the calculation and determination of the lowest responsible bid. 14. Communications Regarding Bid - 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. 15. Business Tax - All bidders should be aware of the City's Business Tax Ordinance which requires that a Business Tax Receipt be obtained before any business, trade, profession, enterprise, establishment, occupation, or calling is conducted with the City. The amount of the tax is based on gross receipts resulting from business conducted in the City of San Luis Obispo, and is required to be paid when business is conducted in the City even though the principal location of the business may be outside of the City. Issuance of a Business Tax Receipt is only evidence of the fact that the tax has been paid; it does not sanction or approve any operation not otherwise permitted. Verification that the bidder has a valid City of San Luis Obispo Business Tax Receipt will be obtained by the City prior to the execution of the contract. Additional information regarding the City's Business Tax program may be obtained by calling (805) 781-7134. 16. Payment Terms - The City's payment terms are 30 days from the receipt of an original invoice referencing the City's Purchase Order number and acceptance of the materials, supplies, equipment, or services (Net 30). Payment will only be released upon authorization from the receiving G Department. Part II: SPECIAL BID TERMS AND CONDITIONS SITE LOCATION AND PROJECT DESCRIPTION The project involves a 2.4 acre site located at 2160 Santa Barbara Street in San Luis Obispo, which is currently owned and operated by the Southern California Gas Company. The City is considering the purchase of this property for the propose of constructing a new main Fire Station. However, because of questionable past uses on this site such as gas manufacturing, the City will require that an extensive environmental site investigation be performed prior to moving forward with negotiations. The Consultant will be representing the City of San Luis Obispo only. Proposals should be designed to accurately define existing site conditions, relative to current and past uses; i.e. a Phase I and a Phase II Environmental Site Assessment. PRE-BID SITE INSPECTION A pre-bid site inspection tour will be conducted on May 6, 1993 at 10 a.m. Those interested should meet at 2160 Santa Barbara Street (entrance gate on Roundhouse Dr.), at 10 a.m. sharp. Also for review will be an older areal photo from the 1930's which will identify areas of concern. MAS51.DOC SELECTION PROCESS The acceptance of proposals from contractors does not in any way obligate the City. The City reserves the right to waive irregularities and to reject any and all proposals. The proposals submitted will be reviewed by a selection committee consisting of City staff members. Some of the criteria upon which the evaluation of the proposals will be based are: 1. Demonstrated competence on similar projects, including experience and technical expertise. 2. Level of service and timely responsiveness that the contractor can provide the city. 3. The overall project cost. 4. Quality and depth of references. 5. Financial stability and reputation of consultant. 6. Be properly licensed to perform the required work. Please note that an award of contract will not be based solely on price, but a combination of the above factors. The Contractor shall represent and warrant that it has sufficiently informed itself in all matters affecting its ability to perform the work. Furnish the labor, materials and supplies, as well as .' equipment needed for this bid, that it has checked its proposals for errors and omissions, and that prices stated in the proposal are correct and will be the basis for a final contract. The terms and conditions of the bid shall be incorporated into and made a substantial part of the final contract between the City and the selected Contractor. Any exceptions to the terms and conditions which the Contractor would like to see made to this bid should be made in writing and received with the proposal. The Contractor shall include a copy of any standardized contract which it currently uses and would wish to use for this project. Any conflicts between a standard contract form and the provisions of this Request For Proposal (RFP), shall be noted by the Contractor in its proposal. All proposals submitted shall be valid for a period of ninety (90) days beginning from the date of awarding of bid. Any proposal may be withdrawn any time prior to the time fixed in the notice for the opening by written request. The request for withdrawal shall be executed by the proposer or his duly authorized representative. The withdrawal of a proposal does not prejudice the right of a Contractor to file a new proposal. Proposals must be signed with the firm name and by a responsible officer or employee. Obligations assumed by such signature shall be initialed by the person signing the proposal. MAS5I.DOC All proposals shall be typed. Proposals which include corrections made by crossing out or obvious erasures shall be initialed by the person signing the proposal. C- All proposals should indicate subcontractors to be used in the project. IMPORTANT: Please note, that if any deviations are required from the scope of work listed, (i.e. the discovering significant soil contamination), the City reserves the right to renegotiate for contract services. MAS51.DOC ., LI._4� CITY OF SAN LUIS OBISPO BID SHEET Notice to Bidders: The bidder is required to fill out this sheet. Failure to due so may be cause for the bid being rejected. Deviations: List any and all deviations from the specifications. All deviations will be considered part of the bidder's specifications. Attach extra sheets if necessary. Bid Price(s): SCOPE OF WORK: Phase I and Phase II Environmental Site Assessment (investigation, sampling and report preparation). Total Cost: $ In compliance with the above instructions and the bid terms and conditions, the undersigned agrees, if this offer is accepted within thirty (30) days from the bid opening date, to furnish any and all items upon which prices are offered, at the prices set opposite each item, initiated at the designated points within the time specified. Signature/Tide of Authorized Agent Date Name of Firm Address Telephone #: MAS5I.DOC A _41-1 CONTRACT AGREEMENT THIS AGREEMENT is made and entered into in the City of San Luis Obispo on this day of , 1993, by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as CITY, and , hereinafter referred to as SUPPLIER. WITNESSETH WHEREAS, on February 4, 1993, the CITY invited bids for providing geotechnical services on the old Emerson School site. WHEREAS, pursuant to said invitation, SUPPLIER submitted a bid which was accepted by CITY for said equipment and 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 of said equipment and services. 2. INCORPORATION BY REFERENCE. The Notice Inviting Bids and the Request for Proposal, are hereby incorporated in and made a part of this Agreement. 3. CITY'S OBLIGATIONS. For furnishing equipment and services as specified in this Agreement, City will pay and Supplier shall receive therefor compensation in a total sum not to exceed , $ Payment to the Supplier shall be made within 30 days after receipt of an original invoice from the Supplier and acceptance of the equipment and services by City. 4. SUPPLIER'S OBLIGATIONS. For and in consideration of the payments and agreements hereinafter mentioned to be made and performed by CITY, SUPPLIER agrees with CITY to furnish required equipment and services and to do everything required by this Agreement and the said specifications. Without limiting the generality of the foregoing, SUPPLIER warrants on behalf of itself and all subcontractors engaged for the performance of this Agreement 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. 5. HOLD HARMLESS AND INDEMNIFICATION. SUPPLIER agrees to defend, indemnify, and hold harmless CITY, its officials, officers, employees, representatives, and agents, from and against all claims, lawsuits, liabilities or damages of whatsoever nature arising out of or in connection with, or relating in any manner to any act or omission of SUPPLIER, its agents, employees, and subcontractors of any tier and employees thereof in connection with the performance or nonperformance of this Agreement. The SUPPLIER shallthoroughly investigate any and all claims and indemnify the CITY and do whatever is necessary to protect the CITY, its officials, officers, employees, agents, and representatives, as to any such claims, lawsuits, liabilities, MAS5I.DOC expenses, or damages. 6. INSURANCE. The Contractor shall procure and maintain for the duration of the contract insurance which meets the requirements of Attachment II-A. As evidence of this insurance, the Contractor shall provide the City with a Certificate of Insurance and an Endorsement naming the City as "Additionally Insured." (Submit with signed agreement) 7. 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 Finance. 8. TERMINATION. If during the term of this Agreement, CITY determines that SUPPLIER is not faithfully abiding by any term or condition contained herein, CITY may notify SUPPLIER in writing of such defect of failure to perform; which notice must give SUPPLIER in writing of such defect or failure to perform; which notice must give SUPPLIER a 10-day notice of time thereafter in which to perform said work or cure the deficiency. If SUPPLIER has not performed the work or cured the deficiency within the ten days specified in the notice, such shall constitute a breach of this Agreement and CITY may terminate this Agreement immediately by written notice to supplier to said effect. Thereafter, neither party shall have any further duties, obligations, responsibilities, or rights under this Agreement except, however, any and all obligations of SUPPLIER'S surety shall remain in full force and effect, and shall not be extinguished, reduced, or in any manner waived by the termination hereof. In said event, SUPPLIER shall be entitled to the reasonable value of its services performed from the beginning of the period in which the breach occurs up to the day it received CITY'S Notice of Termination, minus any offset from such payment representing the CITY'S damages from such breach. 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 SUPPLIER be entitled to receive in excess of the compensation quoted in its bid. 9. 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. 10. ANTI-DISCREMINATION. In the performance of the terms of this Agreement, SUPPLIER, 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, or religion of such persons. Violation of this provision may result in the imposition of penalties referred to in Labor Code Section 1735. 11. AUDIT. CITY shall have the option of inspecting and/or auditing all records and other written materials used by SUPPLIER in preparing its statements to CITY as condition precedent to any payment to SUPPLIER. 12. NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage MAS5I.DOC prepaid by registered or certified mail addressed as follows: CITY: City of San Luis Obispo P.O. Box 8100 San Luis Obispo, CA 93403-8100 SUPPLIER: 13. AUTHORITY TO EXECUTE AGREEMENT. Both CITY and SUPPLIER 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: Date SUPPLIER: By: Date APPROVED AS TO FORM: By: City Attorney APPROVED AS TO CONTENT: William C. Statler, Director of Finance MAS5I.DOC