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Request for Qualifications/Proposals (RFQ/P)
Laboratory Services for Wastewater Division
Water Department, Wastewater Division
Bakersfield, California
February 4, 2025
Contractors wishing to be considered for this project should thoroughly read this Request for Qualifications Proposals (RFQ/P). Information required to be provided in a Proposal Package is detailed in Section V. Contractors submitting a Proposal Package must do so in accordance with the requirements of Section V. As required by section VIII, a signed copy of the enclosed sample agreement must be submitted with a Proposal Package.
I. GENERAL PROJECT DESCRIPTION AND REQUIREMENTS
The City of Bakersfield Water Department is seeking a contractor with substantial experience and background in performing laboratory analyses. The department desires to enter into an agreement with a local laboratory to perform various laboratory analyses for the Wastewater Division for a one-year period. The samples to be analyzed will be from Wastewater Treatment Plant No. 2 (WWTP 2), Wastewater Treatment Plant No. 3 ( WWTP 3), Pretreatment Program, Groundwater Monitoring and any other Wastewater Division related projects. The contract will have a one -year term and be renewable annually for three consecutive one-year periods at the City’s option and upon mutually agreeable terms. The City will provide a total compensation amount in the awarded agreement set to not exceed Two Hundred Thousand Dollars ($200,000).
For the purpose of this RFQ/P, the term “Contractor” and “Laboratory” are interchangeable and refer to the qualified laboratory hired to provide the services.
The Contractor shall execute the work in a timely manner. Failure to respond by completing the work in a timely manner may result in termination of the agreement.
II. SERVICES TO BE PROVIDED BY THE CONTRACTOR (SCOPE OF WORK) The Laboratory shall receive samples from the Wastewater Division, including WWTP 2, WWTP 3, Pretreatment Program, G roundwater Monitoring and any other Wastewater Division related projects. The laboratory analyses to be performed and the estimated number of analyses per year are listed on the Laboratory’s Billing Rates (Attachment RFQ/P-2). The Laboratory is to provide appropriate sample bottles and ice chests to collect and transport all samples. The Laboratory shall have a drop-off location for samples within the City limits and shall be able to accept all samples until 3:00 p.m. Monday through Friday , and until 12:00 p.m. on Saturdays, Sundays, and holidays.
Sampling projects include:
A. WWTP 3 will have year-round daily coliform sampling of tertiary effluent, including weekends and holidays. The fee for coliform analysis is to be a flat rate for the duration of the agreement; there shall be no additional charges or fees associated with weekends and/or holidays.
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B. Quarterly groundwater monitoring sampling for WWTP 2 and WWTP 3 and a nnual groundwater monitoring sampling for the I -5 Site. The City’s Groundwater Monitoring and Reporting Contractor will collect all groundwater monitoring samples and deliver the samples to the Laboratory for analysis. Laboratory will send final groundwater reports to the City’s Groundwater Monitoring and Reporting Contractor; the associated invoices will be sent directly to the City for payment. There shall be no mark -up on samples submitted by the Groundwater Monitoring and Reporting Contractor.
C. Monthly and quarterly sampling of primary effluent and secondary effluent for WWTP2.
D. Monthly sampling of primary effluent, secondary effluent, and tertiary effluent for WWTP
3. E. Biosolids sampling for WWTP 2 and WWTP 3.
F. Annual sampling of primary, secondary, and tertiary effluent ; raw, digested, and biosolids for the Pretreatment Program.
G. Compliance sampling of industrial users’ discharge for the Pretreatment Program.
H. Miscellaneous sampling conducted for Wastewater Division projects.
III. TIME SCHEDULE FOR THE PROJECT
The Contractor shall execute its work in a timely manner for all sampling projects. Final laboratory reports shall be available no later than 10 days after sample drop off to the Laboratory.
IV. FEE PROPOSAL
There will be no minimum payment in connection with this agreement. Request for payment of services shall be billed, with an itemized invoice, to the City in accordance with the rates in the Laboratory's Billing Rates which is submitted in response to this RFQ/P.
The Laboratory’s Billing Rates list multiple test methods for some analytes, the Proposer shall only select one test method and provide the rate for the selected test method.
The Laboratory’s Billing Rates submitted with this RFQ/P shall be held constant throughout the term of this agreement. No “cost of living” or other similar increases of the hourly rates will be allowed. All charges shall be shown as multiples or fractions of the rates in that schedule.
The Contractor will be responsible for compensating their employees in accordance with all applicable labor laws and regulations. All applicable work shall be subject to prevailing wages in accordance with the State of California Department of Industrial Relations.
V. SUBMITTAL OF STATEMENT OF QUALIFICATIONS/PROPOSAL
Contractors responding to this RFQ/P must include the following items in their submittal package:
A. One copy of the completed “General Inf ormation Sheet” (Attachment RFQ/P-1) signed by a company official; and
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B. One signed copy of the Draft Independent Contractor’s Agreement for this project (refer to Section IX, “CONTRACT DOCUMENTS”, of this RFQ/P); and C. One copy of the completed “Laboratory’s Billing Rates” (Attachment RFQ/P-2).
The submittal items must be placed into a sealed envelope bearing P roposer’s name and the words
Statement of Qualification/Proposal for
Laboratory Services for Wastewater Division
Water Department, Wastewater Division
Bakersfield, California
Before 3:00 p.m. on Tuesday, March 4, 2025, the submittal package must be delivered to:
Jesus Banuelos, Engineer II
Water Department, Wastewater Division
6901 McCutchen Road
Bakersfield, California, 93313
The City assumes no responsibility for non-receipt of submittal packages due to any delay, including, but not limited to, carrier delays. It is the Proposer’s responsibility to meet the deadline stated above.
Submittals which do not contain the required documents and all the information requested in this RFQ/P may be considered non-responsive and rejected without evaluation.
Submittals received after the deadline or at the wrong location will be considered non - responsive. Fax copies will not be accepted.
VI. SELECTION OF CONTRACTOR
The Contractor shall have qualified professional staff and the necessary experience and expertise to complete the project and satisfy all the requirements as described throughout this RF Q/P. The Contractor must have the ability to provide all services listed in the “Laboratory’s Billing Rates” (Attachment RFQ/P-2). If necessary, the Contractor can provide an equivalent method or alternative method for the City’s review in the space available on RFQ/P-2.
Selection process will be based on the City’s evaluation of the Laboratory’s Billing Rates.
The City will award contract to one Laboratory after reviewing all the Laboratory’s Billing Rates submitted.
The submission of a proposal shall be conclusive evidence that the contractor has investigated and satisfied themselves as to the conditions to be encountered, the character, quality, and scope of work to be performed, and any municipal and ordinance requirements of the City of Bakersfield.
VII. SOLICITATION CAVEAT
The Proposer understands and agrees that the City of Bakersfield shall have no financial responsibility for any costs incurred by the P roposer in responding to this Request for Qualifications and shall not be liable for any P roposer costs attributed to its own study and Laboratory Services for Wastewater Division RFQ/P
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investigation or design of a specific project until the P roposer has executed a contract with the City of Bakersfield and has been authorized in writing to proceed. The City of Bakersfield reserves the right to terminate this Request for Qualifications after a three (3) day notice to all prospective Proposers.
VIII. CONTRACT DOCUMENTS
A sample copy of the City's INDEPENDENT CONTRACTOR’S AGREEMENT is included as Attachment RFQ /P-3. Please review the agreement carefully. This is the contract the Contractor will be expected to execute without alteration. If any changes are desired to be considered, the Proposer must submit a copy of the requested modifications to the City for approval at least ten (10) calendar days prior to the date that Statements of Qualifications are due. If approved, the City will then issue the changes to all prospe ctive contractors prior to the due date.
An officer of Proposer must sign and return this sample contract with his submittal. The signature indicates that the Proposer accepts the clauses of the contract, including the indemnity clause, as stated on the enclosed sample copy of the City’s agreement and any modifications thereto issued by the City during this solicitation of SOQ’s. That indemnity clause reads as follows:
“CONTRACTOR shall indemnify, defend, and hold harmless CITY, its officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by CONTRACTOR, CONTRACTOR's employees, agents, independent contractors, companies, or subcontractors in the performance of, or in any way arising from, the terms and provisions of this a greement whether or not caused in part by a party indemnified hereunder, except for CITY’s sole active negligence or willful misconduct.” An Acknowledgment Line, which reads as follows, will be found on the last page of the sample agreement. Proposer must review the sample agreement carefully prior to signing it.
“I have received and reviewed the sample INDEPENDENT CONTRACTOR'S AGREEMENT including the INDEMNITY clause which was sent to me with the City’s RFQ/P. My signature below shall signify our firm’s acceptance of said contract if our firm is selected for awar ding a contract for the project as described in said RFQ. This acceptance is made with the understanding that the Compensation and Time for Completion clauses will be modified to contain the amounts and dates established for this contract.”
The Contractor shall not be allowed to alter or negotiate contract language after the submittal of Contractor’s Statement of Qualifications. Failure to execute the contract without alteration may result in the rejection of the Contractor’s proposal and the retaining of a different contractor by the City.
At the time of contract execution, the Contractor will be required to provide evidence of insurance coverage (Certificates of Insurance) as specified in the agreement.
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IX. CONTACTS AT THE CITY OF BAKERSFIELD
All questions concerning the project, the submittal of a p roposal, the City’s review and evaluation of the proposals, and the City’s selection of a contractor for this project should be directed to:
Jesus Banuelos, Engineer II
Water Department
City of Bakersfield
6901 McCutchen Road
Bakersfield, CA 93313
Phone: 661-326-3723
Email: [email protected]
X. ATTACHMENTS TO THIS RFQ/P
The following documents are attachments to this RFQ/P:
Attachment RFQ/P-1 - General Information Sheet
Attachment RFQ/P-2 - Laboratory’s Billing Rates
Attachment RFQ/P-3 - Sample Agreement
Attachment RFQ/P 4 - RFI
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Attachment RF Q/P-1 -- General Information
Sheet
Laboratory Services for Wastewater Division
Bakersfield, California
Date: ______________________________
Legal Name of Firm: ___________________________________________________________ Type of Organization: __________________________________________________________ Individual, Partnership or Corporation
For corporations, the state in which the firm is incorporated: ____________________________ Federal Employer I.D. Number: __________________________________________________
Street Address: __________________________________________________________ __________________________________________________________ Mailing Address: __________________________________________________________ __________________________________________________________
Telephone Number: __________________________________________________________ Facsimile Number: __________________________________________________________ Contact Person: __________________________________________________________ Name
__________________________________________________________ Phone Number
__________________________________________________________ E-Mail
____________________________________________________________________________ Name of Principal-in-charge Title License Number
____________________________________________________________________________ Signature of an officer of the firm Title Date
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Attachment RFQ/P-2 -- Laboratory’s Billing
Rates
Laboratory Services for Wastewater Division
Bakersfield, California
Pathogen
Analysis
Analyte Sample
Matrix Method Equivalent
Method
Analyses
per Year
Unit
Price
Extension
Amount
Total Coliform WW SM
9221B
365
Total
Chemical
Analysis
Analyte Sample
Matrix Method Equivalent
Method
Analyses
per Year
Unit
Price
Extension
Amount
Biochemical
Oxygen Demand
WW SM 5210 B 34
c Biochemical
Oxygen Demand
WW SM 5210 B 7
Chemical
Oxygen Demand
WW EPA 410.4,
SM 5220 D
34 Chemical
Oxygen Demand
Sludge, Solid EPA 410.4 1
Electrical
Conductivity
WW, GW EPA
120.1
SM 2510 B
176
Total Dissolved
Solids
WW, GW SM 2540 C 166
Total Suspended
Solids
WW SM 2450 D 46
Fixed Dissolved
Solids
WW EPA 160.4
SM 2540 E
3 Flashpoint WW EPA 1010 6
Non-Volatile
Organic Carbon
GW EPA 415.1 116
pH WW, GW EPA 150.2
SM 4500
H+ B
138
pH Sludge, Solid EPA 9040 10
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pH
Measurement
Temperature
Sludge, Solid EPA 9040 10
Total Alkalinity
as CaCO3
WW, GW EPA 310.1 91
Anion / Cation
Balance
GW Calculation 72
Dissolved
Hardness as
CaCO3
WW, GW Calculation 91
Bicarbonate WW, GW EPA 310.1 91
Carbonate WW, GW EPA 310.1 91
Chloride WW , GW EPA 300.0
SM 4110 B
198
Chloride Sludge, Solid EPA 300.0 5
Fluoride WW EPA 300.0 7
Fluoride Sludge, Solid EPA 300.0 5
Hydroxide WW EPA 310.1 19
Total Phosphate WW EPA 365.4 19
Total
Phosphorus
Sludge, Solid EPA 365.4 16
Total
Phosphorus, DI
Extraction
Sludge, Solid EPA 365.4 6
Iodide WW EPA 9056
M
1 Iodide Sludge, Solid EPA 9056
M
1 Cyanide WW EPA 335.4 11
Cyanide Sludge, Solid EPA 9012 5
Ammonia as N WW, GW EPA 350.1
Timberline-
001
133
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Ammonia as N Sludge, Solid EPA 350.1 11
Nitrate as N WW, GW EPA 300.0 181
Nitrate as N Sludge, Solid EPA 300.0 11
Nitrate as N, DI
Extract
Sludge, Solid EPA 300.0 1
Nitrate as NO3 WW EPA 300.0
Calculation
1 Nitrate / Nitrite
as N
WW EPA 353.2 24
Nitrite as N WW EPA 300.0
EPA 353.2
43 Nitrite as N Sludge, Solid EPA 300.0 5
Total Kjeldahl
Nitrogen
WW, GW EPA 351.2 183
Total Kjeldahl
Nitrogen
Sludge, Solid EPA 351.2 11
Total Nitrogen WW, GW Calculation 202
Total Nitrogen Sludge, Solid Calculation 5
Organic Nitrogen WW Calculation 7
Organic Nitrogen Sludge, Solid Calculation 11
Sulfate WW, GW EPA 300.0 95
Sulfate Sludge, Solid EPA 300.0 11
Sulfate as SO4,
DI Extract
Sludge, Solid EPA 300.0 2
Dissolved
Sulfides
WW SM 4500-
S2-D
SM 4500-
S2-E
15 Sulfide Sludge, Solid EPA 376.2
EPA 9030 B
5 Sulfite Sludge, Solid SM 4500-
SO3 -B
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Turbidity WW EPA 180.1 1
Percent Solids Sludge, Solid SM 2540 G 11
Percent
Moisture
Sludge, Solid Calculation 6
Bulk density with
Specific gravity
Sludge, Solid SM 2710 F 5
Total
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Metals
Analysis
Analyte Sample
Matrix Method Equivalent
Method
Analyses
per Year
Unit
Price
Extension
Amount
CAM 17 WW EPA 200.8
with
EPA 245.1
14 CAM 17 Sludge, Solid EPA 6010 B
with EPA
7471 A
5 Digestion WW EPA 200.2 25
STLC-DI WET Sludge, Solid EPA 6010 B
EPA 6020
54 STLC Extraction Sludge, Solid 14
Aluminum WW EPA 200.7
EPA 200.8
SM 3120 B
8 Aluminum Sludge, Solid EPA 6010 B 5
Antimony WW EPA 200.7
EPA 200.8
SM 3120 B
1 Antimony Sludge, Solid EPA 6010 B 1
Arsenic WW, GW EPA 200.7
EPA 200.8
SM 3120 B
147
Arsenic Sludge, Solid EPA 6010 B
EPA 6020
6 Arsenic, DI
WET
Sludge, Solid EPA 6020 6
Barium WW EPA 200.7
EPA 200.8
SM 3120 B
3 Barium Sludge, Solid EPA 6010 B 1
Beryllium WW EPA 200.7
EPA 200.8
SM 3120 B
1 Beryllium Sludge, Solid EPA 6010 B 1
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Boron WW EPA 200.7
SM 3120 B
SM 4500-B
B
22 Boron Sludge, Solid EPA 6010 B 11
Boron, DI WET Sludge, Solid EPA 6010 B 6
Cadmium WW EPA 200.7
EPA 200.8
SM 3120 B
7 Cadmium Sludge, Solid EPA 6010 B
EPA 6020
6 Cadmium, DI
WET
Sludge, Solid EPA 6020 6
Calcium WW, GW EPA 200.7
SM 3120 B
SM 3111 B
94 Calcium Sludge, Solid EPA 6010 B 5
Chromium WW EPA 200.7
EPA 200.8
SM 3120 B
7 Chromium Sludge, Solid EPA 6010 B
EPA 6020
6 Chromium, DI
WET
Sludge, Solid EPA 6020 8
Hexavalent
Chromium
WW EPA 218.6 7
Hexavalent
Chromium
Sludge, Solid EPA 7199 5
Trivalent
Chromium
WW Calculation 7
Trivalent
Chromium
Sludge, Solid Calculation 5
Cobalt WW EPA
200.7
EPA 200.8
SM 3120 B
4 Cobalt Sludge, Solid EPA 6010 B 1
Copper WW EPA 200.7
EPA 200.8
SM 3120 B
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Copper Sludge, Solid EPA 6010 B
EPA 6020
6 Copper, DI
WET
Sludge, Solid EPA 6020 8
Iron WW, GW EPA 200.7
EPA 200.8
SM 3120 B
136
Iron Sludge, Solid EPA 6010 B 11
Iron, DI WET Sludge, Solid EPA 6010 B 6
Lead WW EPA 200.7
EPA 200.8
SM 3120 B
7 Lead Sludge, Solid EPA 6010 B
EPA 6020
6 Lead, DI WET Sludge, Solid EPA 6020 6
Magnesium WW, GW EPA 200.7 91
Magnesium Sludge, Solid EPA 6010 B 5
Manganese WW, GW EPA 200.7
EPA 200.8
SM 3120 B
136
Manganese Sludge, Solid EPA 6010B 5
Mercury WW EPA 245.1
SM 3112 B
5 Mercury Sludge, Solid EPA 7471 A 6
Mercury, DI
WET
Sludge, Solid EPA 7470 A 8
Molybdenum WW EPA 200.7
EPA
200.8
SM 3120 B
3 Molybdenum Sludge, Solid EPA 6010 B
EPA 6020
6 Molybdenum,
DI WET
Sludge, Solid EPA 6020 6
Nickel WW EPA 200.7
EPA 200.8
SM 3120 B
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Nickel Sludge, Solid EPA 6010 B
EPA 6020
6 Nickel, DI WET Sludge, Solid EPA 6020 6
Potassium WW, GW EPA 200.7 91
Potassium Sludge, Solid EPA 6010 B 11
Potassium, DI
WET
Sludge, Solid EPA 6010 B 6
Selenium WW EPA 200.7
EPA 200.8
SM 3120 B
3 Selenium Sludge, Solid EPA 6010 B
EPA 6020
6 Selenium, DI
WET
Sludge, Solid EPA 6020 8
Silver WW EPA 200.7
EPA 200.8
SM 3120 B
1 Silver Sludge, Solid EPA 6010 B 1
Sodium WW, GW EPA 200.7 176
Sodium Sludge, Solid EPA 6010 B 5
Thallium WW EPA 200.7
EPA
200.8
SM 3120 B
1 Thallium Sludge, Solid EPA 6010 B 1
Titanium WW EPA 200.7
EPA 283.2
SM 3111 D
9 Titanium Sludge, Solid EPA 6010 B 5
Vanadium WW EPA 200.8 1
Vanadium Sludge, Solid EPA 6010 B 1
Zinc WW EPA 200.7
EPA 200.8
SM 3120 B
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Zinc Sludge, Solid EPA 6010
B
EPA 6020
8 Zinc, DI WET Sludge, Solid EPA 6020 6
Total
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Organic
Compounds
Analysis
Analyte Sample Matrix Method Equivalent
Method
Analyses
per Year Unit Price Extension Amount
Total Phenolics WW EPA
420.4
7 Total Phenolics Sludge, Solid EPA
420.4
5 DBCP WW EPA 504 1
DHS Low Level
1,2,3-TCP by
SIM GC/MS
WW SRL
524M
1 Purgeable
Halogenated &
Aromatics
WW EPA
524.2
1 Organochlorine
Pesticides and
PCB's
WW EPA
608.3
7 Organochlorine
Pesticides
Sludge, Solid EPA
8081 A
5 PCB's Sludge, Solid EPA
8082
5 Volatile
Organic
Analysis
WW EPA
624.1
15 Volatile
Organic
Analysis
Sludge, Solid EPA
8260 B
5 Base Neutral
and Acid
Extractables
Organic
Analysis
WW EPA
625.1
13 Base Neutral
and Acid
Extractables
Organic
Analysis
Sludge, Solid EPA
8270 C
5 Chlorinated
Herbicide
WW EPA 615
EPA
8151
1 Dioxin
cogeners
(2,3,7,8-TCDD)
WW EPA
1613(B)
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Dioxin
cogeners
(2,3,7,8-TCDD)
Sludge, Solid EPA
1613(B)
1 Oil and Grease WW EPA
1664 A
HEM
27 Total
Petroleum
Hydrocarbons
WW EPA
1664 A
SGT
16 Ethanol,
Methanol &
Total
Petroleum
Hydrocarbons
WW EPA
8015 B
1 Fuel
Fingerprint
WW EPA
8015 B
/ FFP
11 Total
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Contract Total Amount
Totals
Pathogen Analysis
Chemical Analysis
Metals Analysis
Organic Compounds Analysis
Total Cost for One Year
Total Cost for Three-Year Contract Term
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Attachment RFQ/P-3 -- Sample Agreement
AGREEMENT NO. ___________________
AGREEMENT NO. ___________________
INDEPENDENT CONTRACTOR'S AGREEMENT
[Over $100,000]
This INDEPENDENT CONTRACTOR’S AGREEMENT (“Agreement”) is made and entered into on _______________________, by and between the CITY OF BAKERSFIELD, a municipal corporation (referred to herein as “CITY”), and _________________________________________ a [business type: Sole Proprietorship; Partnership; Corporation; LLC; etc.] authorized to do business in California (referred to herein as “CONTRACTOR”).
R E C I T A L S
WHEREAS, CONTRACTOR represents that CONTRACTOR is experienced, well qualified and a specialist in the field of ________________________________.
NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows:
1. SCOPE OF WORK. In exchange for the C ompensation (defined below), CONTRACTOR shall perform the following:
________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ (“Scope of Work”) . The Scope of Work shall include all items and procedures necessary to properly complete the task CONTRACTOR has been hired to perform, whether specifically included in the S cope of Work or not.
2. COMPENSATION/PAYMENT PROCEDURE. Subject to the conditions of this section, CITY will pay CONTRACTOR as follows for performing the Scope of Work (“Compensation”): [choose one]
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(1) A total, lump sum payment of $ _______________ after the Scope of Work is completed to CITY’s satisfaction, or
(2) On an hourly [or time/material] basis in accordance with the hourly rates as shown on Exhibit A.
CITY will pay CONTRACTOR within 30 days after CONTRACTOR submits an itemized invoice for the portions of the Scope of Work completed and that invoice is approved by CITY. The Compensation will be the total amount paid to CONTRACTOR for performing the Scope of Work and includes, but is not limited to, all out -of-pocket costs and taxes. CITY will pay no other compensation to CONTRACTOR . In no case will CITY compensate CONTRACTOR more than $_____________ for performing the Scope of Work.
3. TERM. Unless terminated sooner, as set forth herein, this Agreement shall terminate on _________________ [Date].
4. TERMINATION. Either party may terminate t his Agreement after giving the other party written notice, as provided herein, ten days before the termination is effective.
5. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall, at CONTRACTOR ’s sole cost, comply with all of the requirements of Municipal, State, and Federal authorities now in force, or which may hereafter be in force, pertaining to this Agreement, and shall faithfully observe in all activities relating to or growing out of this Agreement all Municipal ordinances and State and Federal statutes, rules or regulations, and permitting requirements now in force or which may hereafter be in force including, without limitation, obtaining a City of Bakersfield business tax certificate (Bakersfield Municipal Code Chapter 5.02) where required.
6. INDEPENDENT CONTRACTOR. This Agreement calls for CONTRACTOR’s performance of the Scope of Work as an independent contractor.
CONTRACTOR is not an agent or employee of the CITY for any purpose and is not entitled to any of the benefits provided by CITY to its employees. This Agreement shall not be construed as forming a partnership or any other association with CONTRACTOR other than that of an independent contractor.
7. DIRECTION. CONTRACTOR retains the right to control or direct the manner in which the services described herein are performed.
8. EQUIPMENT. CONTRACTOR will supply all equipment, tools, materials and supplies necessary to perform the services under this Agreement.
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9. STARTING WORK. CONTRACTOR shall not begin work until authorized to do so in writing by CITY. No work will be authorized before the date first written above.
10. KEY PERSONNEL. CONTRACTOR shall name all key personnel to be assigned to perform the Scope of Work. All key personnel shall be properly licensed and have the experience to perform the work called for under this Agreement. CONTRACTOR shall provide background for each of the key personnel including, without limitation, resumes and work experience performing work similar to the Scope of Work . CITY reserves the right to approve key personnel. Once the key personnel are approved , CONTRACTOR shall not change such personnel without CITY’s written approval.
11. INCLUDED DOCUMENTS. Any bid documents, including, without limitation, special provisions and standard specifications and any Request for Proposals, Request for Qualifications and responses thereto relating to this Agreement are incorporated by reference as though fully set forth herein.
12. LICENSES. CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits and approvals which are legally required for CONTRACTOR to practice its profession and perform the Scope of Work . If CONTRACTOR is a corporation, at least one officer or key employee shall hold the required licenses or professional degrees. If CONTRACTOR is a partnership, at least one partner shall hold the required licensees or professional degrees.
13. STANDARD OF PERFORMANCE. The Scope of Work shall be performed in conformity with all legal requirements and industry standards observed by a specialist of CONTRACTOR’s profession in California.
14. SB 854 COMPLIANCE. To the extent Labor Code Section 1771.1 applies to this Agreement, a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, be subject to the requirements of Section 4104 of the Public Contract Code, or engage in the per formance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5.
It is not a violation of Labor Code Section 1771.1 for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. The Laboratory Services for Wastewater Division RFQ/P
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prime contractor is required to post job site notices in compliance with Title 8 California Code of Regulations Section 16451. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
15. NO WAIVER OF DEFAULT. The failure of any party to enforce against another party any provision of this Agreement shall not constitute a waiver of that party's right to enforce such a provision at a later time and shall not serve to vary the terms of this Agreement.
16. INSURANCE.
16.1 Types and Limits of Insurance. In addition to any other insurance or security required under this Agreement, CONTRACTOR must procure and maintain, for the duration of this Agreement, the types and limits of insurance below ("Basic Insurance Requirements").
16.1.1 Automobile liability insurance, providing coverage for owned, non -owned, and hired autos on an occurrence
basis for bodily injury, including death, of one or more persons, property damage , and personal injury, with limits of not less than $1,000,000 per occurrence.
16.1.2 Commercial general liability insurance, unless otherwise approved by CITY ’s Risk Manager, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal
injury, with limits of not less than $1,000,000 per occurrence.
The policy must:
16.1.2.1 Provide contractual liability coverage for the terms of this Agreement;
16.1.2.2 Provide products and completed operations
coverage;
16.1.2.3 Provide premises, operations, and mobile
equipment coverage; and
16.1.2.4 Contain an additional insured endorsement in
favor of CITY and its mayor, council, officers,
agents, employees, and designated volunteers.
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16.1.3 Workers' compensation insurance with limits of not less than $1,000,000 per occurrence . I n accordance with the
provisions of Labor Code Section 3700, every contractor will be required to secure the payment of compensation to his employees. Pursuant to Labor Code Section 1861,
CONTRACTOR must submit to CITY the following
certification before beginning any work on the
Improvements:
I am aware of the provisions of Section 3700 of the
Labor Code which require every employer to be
insured against liability for worker’s compensation or
to undertake self -insurance in accordance with the
provisions of that code, and I will comply with such
provisions before commencing the performance of
the work of this contract.
By executing this Agreement, CONTRACTOR is submitting the certification required above.
The policy must contain a waiver of subrogation in favor of CITY and its mayor, council, officers, agents, employees, and designated volunteers.
16.2 General Provisions Applying to All Insurance Types.
16.2.1 All policies required of CONTRACTOR must be written on a first-dollar coverage basis, or contain a deductible
provision. Subject to CITY’s advance approval,
CONTRACTOR may utilize a self -insured retention in any or all of the policies provided, but the policy or policies may not contain language, whether added by endorsement or
contained in the policy conditions, that prohibits
satisfaction of any self -insured provision or requirement by anyone other than the named insured or by any means
including other insurance or which is intended to defeat the intent or protection of an additional insured.
16.2.2 All policies required of CONTRACTOR must be primary insurance as to CITY and its mayor, council, officers, agents, employees, or designated volunteers and any insurance or self-insurance maintained by CITY and its mayor, council, officers, agents, employees, and designated volunteers
must be excess of CONTRACTOR’s insurance and must not
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contribute with it.
16.2.3 The insurance required above, except for workers’ compensation insurance, must be placed with insurers with a Best’s rating as approved by CITY ’s Risk Manager, but in no event less than A- :VII. Any deductibles, self -insured retentions, or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or insurance rated below Best’s A-:VII, must be declared prior to execution of this Agreement and appro ved by CITY in writing.
16.2.4 The insurance required in this section must be maintained until the Scope of Work is satisfactorily completed as
evidenced by CITY’s written acceptance. All policies must provide that there will be continuing liability thereon, notwithstanding any recovery on any policy.
16.2.5 Full compensation for all premiums which the CONTRACTOR is required to pay to satisfy the Basic Insurance
Requirements shall be considered as included in the prices paid for the performance of the Scope of Work, and no
additional allowance will be made therefor or for additional premiums which may be required by extensions of the
policies of insurance.
16.2.6 It is further understood and agreed by CONTRACTOR that its liability to CITY will not in any way be limited to or affected by the amount of insurance obtained and carried by
CONTRACTOR in connection with this Agreement.
16.2.7 Unless otherwise approved by CITY, if any part of the Scope of Work is subcontracted, the Basic Insurance Requirements must be provided by, or on behalf of, all subcontractors even if CITY has approved lesser insurance requirements for CONTRACTOR, and all subcontractors must agree in writing to be bound by the provisions of this section.
17. THIRD PARTY CLAIMS. In the case of public works contracts, CITY will timely notify CONTRACTOR of third party claims relating to this Agreement . CITY shall be allowed to recover from CONTRACTOR, and CONTRACTOR shall pay on demand, all costs of notification.
18. INDEMNITY. CONTRACTOR shall indemnify, defend, and hold harmless CITY Laboratory Services for Wastewater Division RFQ/P
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and CITY’s officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by CONTRACTOR or CONTRACTOR’s employees, agents, independent contractors, companies, or subcontractors in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by a party indemnified hereunder, except for CITY’s sole active negligence or willful misconduct.
19. ASSIGNMENT. Neither this Agreement nor any rights, interests, duties, liabilities, obligations or responsibilities arising out of, concerning or related in any way to this Agreement (including, but not limited to, accounts, actions, causes of action, claims, damages, demands, liabilities, losses, obligations, or reckonings of any kind or nature whatsoever, for compensatory or exemplary and punitive damages, or declaratory, equitable or injunctive relief, whether based on contract, equity, tort or other theories of recovery provided for by the common or statutory law) may be assigned or transferred by any party. Any such assignment is prohibited, and shall be unenforceable and otherwise null and void without the need for further action by the non-assigning party or parties.
20. ACCOUNTING RECORDS. CONTRACTOR shall maintain accurate accounting records and other written documentation pertaining to all costs incurred in performance of this Agreement. Such records and documentation shall be kept at CONTRACTOR's office during the term of this Agreement, and for a period of three years from the date of the final payment hereunder, and made available to CITY representatives upon request at any time during regular business hours.
21. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the Agreement and their heirs, administrators, executors, personal representatives, successors and assigns.
22. CORPORATE AUTHORITY. Each individual signing this Agreement on behalf of entities represent s and warrant s that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement.
23. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be considered as an original and be effective as such.
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24. EXECUTION. This Agreement is effective upon execution. It is the product of negotiation and all parties are equally responsible for authorship of this Agreement. Section 1654 of the California Civil Code shall not apply to the interpretation of this Agreement.
25. EXHIBITS. In the event of a conflict between the terms, conditions or specifications set forth in this Agreement and those in exhibits attached hereto, the terms, conditions, or specifications set forth in this Agreement shall prevail. All exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement, whether or not actually attached.
26. FURTHER ASSURANCES. Each party shall execute and deliver such papers, documents, and instruments, and perform such acts as are necessary or appropriate, to implement the terms of this Agreement and the intent of the parties to this Agreement.
27. GOVERNING LAW. The laws of the State of California will govern the validity of this Agreement and its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in Kern County, California.
28. INTERPRETATION. Whenever the context so requires, the masculine gender includes the feminine and neuter, and the singular number includes the plural.
29. MERGER AND MODIFICATION. This Agreement sets forth the entire agreement between the parties and supersedes all other oral or written representations. This Agreement may be modified only in a writing approved by the City Council and signed by all the parties.
30. NON-INTEREST. No CITY officer or employee shall hold any interest in this Agreement (California Government Code section 1090).
31. NOTICES. All notices relative to this Agreement shall be given in writing and shall be personally served or sent by certified or registered mail and be effective upon actual personal service or depositing in the United States mail. The parties shall be addressed as follows, or at any other address designated by notice:
CITY: CITY OF BAKERSFIELD
CITY HALL
1600 Truxtun Avenue
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Bakersfield, California 93301
CONTRACTOR: ____________________________
32. RESOURCE ALLOCATION. All CITY obligations under the terms of this Agreement are subject to the appropriation and allocation of resources by the City Council.
33. TITLE TO DOCUMENTS. All documents, plans, and drawings, maps, photographs, and other papers, or copies thereof prepared by CONTRACTOR pursuant to the terms of this Agreement, shall, upon preparation, become CITY property.
34. TAX NUMBERS.
CONTRACTOR’s Federal Tax ID Number
CONTRACTOR is a corporation? Yes No
(Please check one.)
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first written above.
"CITY" “CONTRACTOR”
CITY OF BAKERSFIELD
By:________________________________ By:_________________________________
KAREN GOH
Mayor Print Name:
Title:
[Signatures on Following Page]
DO NOT HAVE STAND ALONE SIGNATURE PAGE
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APPROVED AS TO CONTENT:
CITY DEPARTMENT NAME
By:_______________________________
DEPARTMENT HEAD NAME
TITLE
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By:___________________________
(NAME & TITLE)
Insurance:____________
COUNTERSIGNED:
By:_______________________________
RANDY MCKEEGAN
Finance Director
Attachment: Exhibit ___
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“I have received and reviewed the sample INDEPENDENT CONTRACTOR'S AGREEMENT including the INDEMNITY clause which was sent to me with the City’s RFQ/P. My signature below shall signify our firm’s acceptance of said contract if our firm is selected for awarding a contract for the p roject as described in said RFQ/P. This acceptance is made with the understanding that the Compensation and Time for Completion clauses will be modified to contain the amounts and dates established for this contract.”
Signature: _____________________________________ Date: ____________________
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Attachment RFQ/P-4 -- Request for Information Form
Request for Information Form – Laboratory Services for the Wastewater Division, Water Department
BIDDING QUESTION TO: City of Bakersfield, Water Department 6901 McCutchen Road, Bakersfield, CA 93313
Attention: Jesus Banuelos, Engineer II
email: [email protected]
NOTE: All questions must be received by the CITY in written form on the form provided no later than 10:00 A.M. ten calendar days prior to the scheduled RFQ/P due date. This will allow time to respond to the question and/or to issue an addendum to all consultants addressing the question. Questions received after the above set due date will not be acknowledged. The form may be sent via facsimile, postal service, hand delivery or email. The City encourages sending the written request via email to expedite the process.
Date Submitted: Submitted by: Consultant:
Contact Person:
Address:
Telephone Number:
Facsimile Number:
QUESTION:________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ RESPONSE: Date:_________ Answered by: Name Company __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ City of Bakersfield Approval of Response by: Date:
Addendum Required: YES___________ NO ______________