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
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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
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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
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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.
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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
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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.
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., 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 #:
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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
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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
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