Request for Qualifications and Proposals (RFQ/P)
Contracting Services for
Chemical Application for Noxious and Aquatic Weed Control Bakersfield, California
June 24, 2025
Firms wishing to be considered for this project should thoroughly read this RFQ/P. Information required to be provided in a Statement of Qualifications and Fee Proposal (SOQ/P) is detailed in Section VI and VII. Firms submitting an SOQ/P must do so in accordance with the requirements of Section VIII. As required by Section XI, a signed copy of the enclosed sample agreement must be submitted with an SOQ/P.
I. GENERAL PROJECT DESCRIPTION AND REQUIREMENTS
The City of Bakersfield operates and maintains approximately 25 miles of earthen and cement lined canals, canal rights-of-way, the 2800 Acre Recharge Area roads, the Kern River Levee System, Beardsley Canal and various other locations within the City of Bakersfield. Noxious and aquatic weeds within these areas shall be treated in accordance with the terms of this negotiated Contract using timing, methods and chemicals as stated therein.
The City plans to enter into a three year agreement with and is capable of providing all necessary field and professional services for the Scope of Work as described in this RFQ/P.
For the purpose of this project, the following definitions shall apply:
• OWNER is the Water Resources Department of the City of Bakersfield. • PROPOSER is a firm which submits a Statement of Qualifications and Fee Proposal in response to this RFQ/P.
• CONTRACTOR is the firm hired by the City to provide the services described in this RFQ/P.
• LOCAL REGULATORY AGENCY refers to all Sections, Divisions, and Departments of the City of Bakersfield and the County of Kern that are charged with the oversight of this type of work.
• STATE REGULATORY AGENCY refers to California Regional Water Quality Control Board (CRWQCB).
• FEDERAL REGULATORY AGENCY refers to all United States of America federal agencies that might have jurisdiction over the work, such as the EPA.
II. SERVICES TO BE PROVIDED BY THE CONTRACTOR (SCOPE OF WORK) A. The CONTRACTOR shall include professional staff and equipment to provide all services necessary for the performance of this project, including but not limited to,
1. Herbicide application of noxious weeds;
2. Aquatic Weed control application of Beardsley Canal;
3. Interpretation of application results;
4. Preparation of spray application monitoring reports; and
5. Submittal of the reports to the OWNER.
B. The CONTRACTOR’ s Scope of Work will include, but not be limited to, the following services:
This work shall consist of furnishing and applying all herbicide, pre-emergent, aquatic herbicide and dye to the vegetation and invasive weeds growing on approximately 450 gross acres of City of Bakersfield Canal rights-of-way, the 2800 Acre Recharge Area, the Kern River Levee System, Beardsley Canal and various other locations within the City of Bakersfield on an on-call as-needed basis. Herbicide treatment shall be conducted as follows: Pre-emergent (Diuron or equivalent) with Blazon® Blue Spray Dye shall be applied twice a year; once in the fall between (October and December) and once in the spring between (March and April). Roundup or equivalent with Blazon® Blue Spray Dye shall be applied between the months of June and September depending on the weather and the amount of weed control required. All applications shall also include the appropriate surfactant or activator for the chemical being applied. Aquatic herbicide treatment shall be applied to the Beardsley Canal as follows: Apply one (1) treatment application of Sonar Genesis® and Clearcast® to canal bank, slopes and bottom (approximately 15 gross acres). Apply up to four (4) Nautique® treatments to Beardsley Canal (1.5 linear miles w/flows to 600CFS), to provide effective control of aquatic weeds in canal during irrigation season. The Contractor shall supply all labor, equipment, materials, and supervision to properly carry out the work. Per acre costs shown on Bid Form should include all materials, supplies, travel, signs, labor, etc. needed to treat each acre a minimum of three (3) times per year. The acres are provided as an estimate only. Actual acres treated will vary by site and location.
Billing will be submitted based on actual acres sprayed and accepted by the City of Bakersfield multiplied by Contractor pricing submitted on Bid Form. Documentation and reporting shall be conducted on all application activities. A comprehensive written report is to be submitted to the City’s Water Resources Department within fifteen (15) working days after each application has been completed. Each report page is to identify date, time, amount acreage sprayed, chemical usage/type and a GPS map of application area.
RESISTANCE MANAGEMENT: Contractor is expected to use herbicides with differing modes of action when doing multiple applications on the same weed species to reduce the likelihood of herbicide resistance. Likewise, the City of Bakersfield acknowledges that different sites and situations may warrant the use of different products (certain canal banks) to be used by the Contractor. In these situations, the Contractor should choose an appropriate herbicide from the above list as necessary or contact the City of Bakersfield Representative.
APPLICATIONS STANDARDS: It is the Contractor’s responsibility to comply with all Federal, State, Local regulations and laws pertaining to the work required by this RFQ. Should the bid specifications be in conflict with applicable rules, regulations or laws, the Contractor shall notify the City Representative and the appropriate correct action shall be taken. A QUALIFIED
APPLICATORS LICENSE (QAL) ISSUED BY THE CALIFORNIA DEPARTMENT OF PESTICIDE REGULATION FOR CATEGORY A, B, C, D AND CATEGORY F IS REQUIRED.
RATE OF APPLICATION: Contractor shall use the chemical manufacturer’s label rates for rights-of-way and highest label rates for noxious weeds to achieve control rather than suppression, where possible.
COLORANT: The Contractor will be required to use a colorant (Blazon® Blue Spray Dye) in the tank mix at a rate that will allow follow-up inspection by the City Representative or City designee within 24 hours.
DRIFT CONTROL AGENTS: Appropriate drift control agents, surfactants and other adjuvants are allowed to be used by the Contractor if consistent with manufacturer’s published labeling
and proposed/intended use. Where stated on a product label that use of an adjuvant or surfactant enhances control, such additives must be used by the Contractor.
EQUIPMENT: All Contractor equipment shall be made available for inspection by City personnel at any time subsequent to Contract award. The City of Bakersfield reserves the right, following any inspection of Contractor's equipment as contemplated herein, to reject any equipment on the basis of suitability and safety to the environment, the traveling public, the contractor's employees, and employees of the City of Bakersfield. Said Contractor's equipment shall meet the applicable requirements of the Occupational Safety and Health Administration, The U.S.
Department of Transportation, and the California Department of Agriculture. All Contractor's equipment shall be properly calibrated, licensed & insured, carry the appropriate permits and be placarded (including vehicle) as required by law. The sprayer pump must be adequate to handle the required flow and provide bypass agitation. Spray flow and vehicle speed must be coordinated through the use of a computer type monitor system except delivery with hand held equipment.
APPLICATION METHODS and GENERAL EQUIPMENT/APPLICATORS REQUIRED: Within this scope of work are various generic descriptions of “applicators”, spraying equipment, descriptions of capabilities of such equipment and applicators, also descriptions of various desirable techniques for using such items. The City reserves the right to inspect the Contractor’s equipment at any time during the performance of work by the Contractor. The following application methods for the Contractor have been approved by the City of Bakersfield:
All equipment used by the Successful Bidder for herbicide application will comply with all applicable State, Federal and OSHA Regulations. A permanent amber caution light will be mounted on top of each piece of equipment that operates from public roads. Boom vehicle application only specifically designed for the contour of ground on downward/upward slopes of drainage basins, canal slopes, and levee spraying.
Boom Application - Four wheel drive truck with a minimum 30 foot articulating hydraulic side boom and a minimum 18 foot rear back boom. Boom vehicle shall have a minimum 350 gallon capacity and capable of delivering at least 20 gallons per acre.
Hand Application - Backpack or hand sprayer with minimum 2.5 gallon capacity and delivering at least twenty (20) gallons per acre.
Boomless applications shall not be permitted.
The Contractor is expected to use the appropriate method listed above to effectively treat any weeds to the fence line. Discontinuous or small areas of noxious weeds must be spot treated rather than broadcast, which may require use of a handgun or other hand application methods.
Intended application methods shall be presented to and approved by the City Representative prior to the commencement of work. Terrain varies considerably and a combination of all methods may be necessary. Method of application will be left to the discretion of the Contractor, based upon individual site conditions, as long as the method is one of those approved by the City representative.
SPRAYING STANDARDS: The performance standard for the Contractor shall be that no targeted vegetation shall be allowed to reach full bloom or seed stage. Inspection by the City Representative may be made not more than thirty (30) days after application depending on plants sprayed, herbicide used, and date of application.
MATERIAL REQUIREMENTS: The herbicide used in treatment of vegetation, except aquatics, will consist of a combination of herbicide products that will effectively control all unwanted vegetation. Recommended herbicides are: Roundup ® Pro, AquaMaster®, Rodeo®, Pendulum, Diuron®, Blazon® Blue Spray Dye and appropriate surfactant or activator.
The above herbicides shall be combined with water and Blazon ® Blue Spray dye in sufficient volume so as to provide visible uniformed coverage.
Recommended aquatic herbicides are: Sonar Genesis
®, Clearcast® and Nautique®.
HERBICIDE APPLICATION: Contractor shall apply herbicide to canal banks, slopes, levees and roads to eliminate growth of undesirable noxious weeds.
All applications by Contractor shall be preceded by a wind speed test. In no case shall application take place in winds greater than ten (10) miles per hour at any time during the application.
First treatment of weeds in all areas must be completed by April 1 st of each year; follow-up spot
treatments may be made after that date. The following schedule will be used to determine timing of application by the Contractor:
MARCH TO APRIL
First Application Pre-emergence dependent on weather.
JUNE TO SEPTEMBER
Apply follow-up spot treatments to treat any new emerged weeds.
OCTOBER TO DECEMBER
Apply second application of Pre-emergence dependent on weather.
AQUATIC HERBICIDE TREATMENT TO BEARDSLEY CANAL
JANUARY
Apply one (1) treatment application of Sonar Genesis
® and Clearcast® to canal bank, slopes and
bottom (approximately 15 gross acres). This application shall be applied when canal is down for maintenance during January of each year.
JUNE TO OCTOBER
Apply up to four (4) Nautique® treatments to Beardsley Canal (1.5 linear miles w/flows to 600CFS), to provide effective control of aquatic weeds in canal.
Other chemicals than those listed above may be used on a case-by-case basis by the Contractor only upon prior written approval by the City Representative. Contractor must provide, to the City Representative, the appropriate product labels and MSDS forms at least seven (7) days prior to use of such chemical(s). the City reserves the right to deny the use of certain chemicals by the Contractor based on stability, risk, or applicability. The chemical must be labeled for in-use situation and registered with EPA and the State of California for such use.
HANDLING OF HERBICIDES: The following minimum requirements apply to all spraying operations conducted by the Contractor, regardless of the hazard category. Label specifications may require more stringent measures:
All Contractors’ personnel involved in spraying shall follow label requirements pertaining to the use of personal protective equipment and clothing. The Contractor shall attempt to halt all spraying at least six (6) hours before precipitation occurs. The Contractor shall immediately halt spraying during unpredicted or unanticipated precipitation. Contractor shall use drift control agents labeled as compatible when needed. After precipitation, the Contractor shall not resume spraying until all vegetation has dried. The Contractor shall be responsible for disposal of all empty containers of herbicide in accordance with all State/Federal and Local regulations and statutes.
MAPPING: The Contractor shall own and have the working knowledge to operate the GPS guidance system equipment that possesses DGPS or mapping capabilities. Such GPS equipment owned and operated by the Contractor must have an accuracy of 2 meters (or less) and such GPS guidance equipment must have full upload/download capabilities for data files.
APPLICATION NOTIFICATION, REPORTING and DOCUMENTATION: It shall be the responsibility of the Contractor to contact the designated City Representative listed below at least two (2) weeks before commencement of spraying to coordinate and prevent conflict between maintenance activities of facilities with spray application. Such notification of the City representative by the Contractor of the spraying activities (as referenced in the preceding sentence) must be done in person, or via phone, FAX, or e-mail and the City representative must acknowledge receipt of such transmission by the Contractor. The Contractor shall inform in person, or via phone, FAX, or e-mail the City Representative of the specific areas to be treated 24 - 48 HOURS PRIOR TO TREATMENT.
PROJECT MANAGEMENT
CONTRACTOR will provide appropriate project management services associated with the application of herbicides, pre-emergence and aquatic weed control treatments. It is anticipated that spray application activities will include, but may not be limited to, scheduling of field activities with CONTRACTOR and City personnel responsible for noxious and aquatic weed control , meetings and telecommunication with City personnel , c oordination of data management and delivery of data to City Personnel.
The CONTRACTOR shall execute its work in a timely manner and in accordance with the Contract and applicable State, Federal, and Local laws and Ordinances.
The CONTRACTOR shall provide all technical skills and abilities necessary to successfully complete the project.
III. ITEMS AND SERVICES TO BE PROVIDED BY THE CITY OF BAKERSFIELD A. The City will provide maps to application locations.
B. The City will provide access to all application sites.
C. The City will provide all services required to plan, supervise, monitor and finance the project except for those services to be provided by the CONTRACTOR as set forth herein above.
IV. PROJECT TIME SCHEDULE
The project schedule is described in the scope of work.
V. CONTRACTOR’s TEAM
A. The CONTRACTOR shall assign a qualified professional as Project Manager to direct and oversee the CONTRACTOR ’s work. The CONTRACTOR ’s staff working on this project shall be qualified professional s and shall have the necessary experience, expertise and licenses to complete the project and satisfy all the requirements as described in this RFQ/P. At a minimum, the CONTRACTOR ’s team shall include the following:
All professionals necessary to complete the CONTRACTOR ’s Scope of Work for this project.
VI. STATEMENT OF QUALIFICATIONS
All interested firms (PROPOSER’s) shall submit a Statement of Qualifications (SOQ) which shall contain at a minimum the following information:
A. The completed General Information Sheet (refer to Attachment RFQ/P -1). An officer of the PROPOSER must sign this document.
B. Name and relevant experience of PROPOSER ’s principals who will be responsible for the project.
C. Name and relevant experience of PROPOSER ’s key personnel who will work on the project.
D. A list of comparable projects on which PROPOSER has been involved during the past five years. The list should include at least four different clients and should provide the following information for each project:
1. Project title, location and description including size of the project;
2. Nature of PROPOSER’s responsibility;
3. Start and end dates of PROPOSER’s involvement in the project;
4. Names of PROPOSER’s key personnel involved in the project;
5. Itemized dollar amount of PROPOSER’s contract:
6. Total dollar amount of PROPOSER’s contract;
7. Name, address and phone number of the project owner;
8. Name and address of PROPOSER’s client if different from the project owner;
9. Name and phone number of contact person at PROPOSER’s client’s office.
E. A statement of why PROPOSER believes it should be selected for this project.
F. List of PROPOSER’s claims history since January 1, 2015.
1. List all claims, demands for arbitration and/or law suits filed by PROPOSER, their agents or subcontractor s against PROPOSER, its agents or bonding company in connection with PROPOSER, its agents or bonding company. This list shall include the following information for each claim:
a. Name of project owner;
b. Project completion date;
c. Basis for claim;
d. Claim or suit amount;
e. Current status; and
f. Award or Settlement amount.
G. A statement of PROPOSER's current insurance coverage signed by a company official.
The City requires a minimum of One Million Dollars ($1,000,000) Professional Liability Insurance, Automobile Liability Insurance, General Liability Insurance, and Workers ’ Compensation Insurance. If the current coverage does not meet the City ’s minimum
requirements, a statement of PROPOSER's ability and intent to obtain the required coverage must be included. Do not submit a certificate of insurance in lieu of this statement.
VII. PROJECT FEE PROPOSAL
All firms being interviewed shall submit a fee proposal based on the Scope of Work described in this RFQ/P. The fee proposal shall be itemized for the following items of the project and shall be of the type indicated (Refer to Exhibit A). Fee schedule will be valid for the duration of the three year agreement.
The detailed work associated with each of these tasks is described in the “Services to Be Provided by the CONTRACTOR (Scope of Work)” section of this RFQ/P.
Request for payment of services shall be billed and sent to the City of Bakersfield’s Water Resources Department at the conclusion of each round of sampling and/or reporti ng in accordance with CONTRACTOR's fee proposal which is submitted in response to this RFP.
VIII. SUBMITTAL OF STATEMENT OF QUALIFICATIONS AND FEE PROPOSALS Firms responding to this RFQ/P must include the following items in their submittal package:
A. Two copies of PROPOSER’s SOQ/P;
B. Two copies of the completed General Information Sheet (Attachment RFQ/P -1) signed by a company official; and
C. Two copies of the Fee Proposal in its own sealed envelope labeled: “Fee Proposal”.
The submittal items must be placed into a sealed envelope bearing PROPOSER’s name and the words
Statement of Qualifications and Proposal for
Contracting Services for
Chemical Application for Noxious and Aquatic Weed Control Bakersfield, California
Before the date and time stated in the Notice to Contracting Firms, the submittal package must be delivered to:
Water Department,
1000 Buena Vista Road,
Bakersfield, California, 93311
The City assumes no responsibility for non-receipt of submittal packages due to any delay, including, but not limited to, carrier delay. It is the proposer ’s responsibility to meet the deadline stated above.
Submittals received after the deadline or at the wrong location wil l be considered non- responsive. Fax copies will not be accepted.
IX. SELECTION OF CONTRACTOR
Firms submitting an SOQ/P for this project must provide in their submittal, verifiable evidence demonstrating that they have considerable current and past experience in providing the services necessary for this project, as described in the General Project Description and
Requirements section and Services to Be Provided by the CONTRACTOR (Scope of Work) section of this RFQ/P.
The City will evaluate the PROPOSERs based on the following items:
A. The information contained in PROPOSER's SOQ/P submitted in response to this RFQ/P.
The City's evaluation of this information will be based, at least in part, on the requirements for the SOQ/P set forth elsewhere in this RFQ/P.
B. PROPOSER's ability to understand the project requirements as it may be revealed in their proposed method and procedure of study, goals and objectives, and their approach to the project.
C. Comments received from the City's reference checks.
D. PROPOSER's submittal and subjective statements.
After reviewing the SOQ/P ’s submitted by interested firms, the City will develop a short list of firms to be considered. Only after the short list has been prepared, will the Fee Proposals be considered. The evaluation of the Fee Proposals will be used as secondary consideration in selecting a CONTRACTOR for the project.
The submission of a Fee Proposal shall be conclusive evidence that th e PROPOSER and its subcontractor s have 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.
X. SOLICITATION CAVEAT
The PROPOSER and its subcontractor s understand and agree that the City of Bakersfield shall have no financial responsibility for any costs incurred by the PROPOSER and its subcontractors in responding to this Request for Qualifications and shall not be liable for any PROPOSER or its subcontractor s costs attributed to their own study and investigation or design of a specific project until PROPOSER 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 and Fee Proposals after three (3) days’ notice to all prospective PROPOSERS.
XI. CONTRACT DOCUMENTS
A sample copy of the City’s CONTRACTOR CONTRACT is included as Attachment RFQ/P-
2. Please review the agreement carefully. This is the contract the CONTRACTOR will be expected to execute without alteration. An officer of PROPOSER must sign and return this sample contract with his submittal. The signature indicates that PROPOSER accepts the clauses of the contract, including the indemnity clause, as stated on the enclosed sample copy of the City’s agreement. 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 Agreement 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 CONTRACTOR ’S CONTRACT 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 project 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.” The City will not approve any PROPOSERS ’s requested modifications to the insurance clause nor the indemnity clause of this contract. Failure to execute the contract without alteration may result in the rejection of the CONTRACTOR ’s proposal and 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 (Certificate of Insurance) as specified in the contract.
CONTACTS AT THE CITY OF BAKERSFIELD
All questions concerning the project, the submittal of a Statement of Qualifications, the City’s review and evaluation of the SOQ/P’s, and the City’s selection of a contractor for this project should be directed to:
Jason Solf
Water Department
City of Bakersfield
1000 Buena Vista Road
Bakersfield, CA 93311
[email protected]
Phone: 661-326-3715
ATTACHMENTS TO THIS RFQ/P
The following documents are attachments to this RFQ/P:
Attachment RFQ/P-1, Statement of Qualification Checklist Attachment RFQ/P-2 General Information Sheet
Attachment RFQ/P-3, Sample Agreement
Attachment RFQ/P-4, Contractor Qualification Evaluation Attachment RFQ/P-5, Exhibit “A”, Fee Proposal Itemization Form
Attachment RFQ/P-1 –
Statement of Qualification Checklist
Contracting Services for
Chemical Application for Noxious and Aquatic Weed Control Bakersfield, California
Proposer’s Name: _____________________________________________ □ Proposal submitted to the correct location.
□ Proposal submitted on time.
If either of the above two items were not complied with, the submittal is non- responsive and will not be evaluated.
If any of the following items are not included in the submittal, the submittal may be considered non- responsive and dismissed without evaluation.
□ copy of SOQ which include the following items:
□ The completed General Information Sheet
□ Description of PROPOSER’s management principles, procedures and how they will be applied to this project.
□ Name and experience of PROPOSER’s principals who will be responsible for the project.
□ Name and experience of PROPOSER’s key personnel who will work on the project.
□ A list of all current projects, including the amount of PROPOSER's resources allocated to those projects and the completion date of PROPOSER's work at that level of allocation.
□ A list of comparable public works or other projects on which PROPOSER has been involved during the past five years.
□ The list should include at least four different clients □ A statement of PROPOSER’s approach in designing a project to provide maximum useful life of the project.
□ Include examples of how this approach was proven effective in past projects for the City or other governmental agencies.
□ A statement of why PROPOSER believes it should be selected for this project. □ A list of all subcontractors that PROPOSER will be utilizing on this project. □ A list of PROPOSER’s claims history since January 1, 2015 □ List all claims, demands for arbitration and/or law suits filed by PROPOSER, predecessor companies or company officers against project owners or their agents.
□ List all claims, demands for arbitration and/or law suits filed by project owners, their agents or subcontractors against PROPOSER, predecessor companies, its agents or bonding company in connection with PROPOSER, its officers, its agents or bonding company.
□ A statement of PROPOSER's current insurance coverage signed by a company official.
Attachment RFQ/P-2 – General Information Sheet
Contracting Services for
Chemical Application for Noxious and Aquatic Weed Control 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: __________________________________________________________
____________________________________________________________________________ Name of Principal-in-charge Title License Number
____________________________________________________________________________ Name of Contact Person and Phone Number
____________________________________________________________________________ Signature of an officer of the firm Title Date
Attachment RFQ/P 3 – Sample Agreement
AGREEMENT NO. __________________
INDEPENDENT CONTRACTOR'S AGREEMENT
THIS AGREEMENT is made and entered into on _______________________, by and between the CITY OF BAKERSFIELD, a municipal corporation, ("CITY" herein) and _________________________________________ ("CONTRACTOR" herein).
R E C I T A L S
WHEREAS, CONTRACTOR represents CONTRACTOR is experienced, well qualified and a specialist in the field of noxious and aquatic weed control.
NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows:
1. SCOPE OF WORK. The scope of work is described as: Chemical application for Noxious and Aquatic Weed Control in accordance with the Request for Qualifications and Proposals WATER (Exhibit “A”).
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 scope of work or not.
2. COMPENSATION. Compensation for all work, services or products called for under this Agreement shall consist of a total payment no t to exceed $______________ which shall be paid as follows: within thirty (30) days after receipt and approval by CITY of CONTRACTOR’S itemized invoices.
The compensation set forth in this section shall be the total compensation under this Agreement including, but not limited to, all out-of-pocket costs and taxes. CITY shall pay only the compensation listed unless otherwise agreed to in writing by the parties.
3. PAYMENT PROCEDURE. CONTRACTOR shall be paid for services rendered after receipt of an itemized invoice for the work completed and approved by CITY in accordance with the terms of this Agreement. Payment by CITY to CONTRACTOR shall be made within thirty (30) days after receipt and approval by CITY of CONTRACTOR' s itemized invoice.
4. KEY PERSONNEL. CONTRACTOR shall name all key personnel to be assigned to the work set forth herein. 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 in the type of work called for herein. CITY reserves the right to approve key personnel. Once the key personnel are approved CONTRACTOR shall not change such personnel without the written approval of CITY.
5. STARTING WORK. CONTRACTOR shall not begin work until authorized to do so in writing by CITY. No work will be authorized until the contract has been fully executed by CONTRACTOR and CITY.
6. 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.
7. 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.
8. 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. If a corporation, at least on e officer or key employee shall hold the required licenses or professional degrees. If a partnership, at least one partner shall hold the required licensees or professional degrees.
9. STANDARD OF PERFORMANCE . All work shall be performed in conformity with all legal requirements and industry standards observed by a specialist of the profession in California.
10. MERGER AND MODIFICATION. This contract sets forth the entire Agreement between the parties and supersedes all other oral or written representations. This contract may be modified only in writing and signed by all the parties. If any modification of this Agreement results in total compensation which exceeds $____________ such modification must be approved by the City Council.
11. 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.
12. TERM. Unless terminated sooner as set forth herein, this Agreement shall terminate on __________________ (date).
13. TERMINATION. This Agreement may be terminated by any party upon thirty (30) days’ written notice, served by mail or personal service, to all other parties.
14. 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 Bakers field business tax certificate (Bakersfield Municipal
Code Chapter 5.02) where required.
15. INDEPENDENT CONTRACTOR. This Agreement calls for the performance of the services of CONTRACTOR 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 A greement shall not be construed as forming a partnership or any other association with CONTRACTOR other than that of an independent contractor.
16. DIRECTION. CONTRACTOR retains the right to control or direct the manner in which the services described herein are performed.
17. EQUIPMENT. CONTRACTOR will supply all equipment, tools, materials and supplies necessary to perform the services under this Agreement.
18. INSURANCE. In addition to any other insurance or bond required under this Agreement, the CONTRACTOR shall procure and maintain for the duration of this Agreement the following types and limits of insurance ("basic insurance requirements") herein:
18.1 Automobile liability insurance , 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 One Million Dollars ($1,000,000) per occurrence; and the policy shall:
18.1.1 Provide coverage for owned, non-owned and hired autos.
18.2 Broad form commercial general liability insurance , unless otherwise approved by the 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 One Million Dollars ($1,000,000) per occurrence; and the policy shall:
18.2.1 Provide contractual liability coverage for the terms of this Agreement.
18.2.2 Provide unlimited products and completed operations coverage.
18.2.3 Contain an additional insured endorsement in favor of the City, its mayor, council, officers, agents, employees and volunteers.
18.2.4 All policies shall be written on a first- dollar coverage basis, or contain a deductible provision. Subject to advance
approval by the CITY, CONTRACTOR may utilize a Self-Insured Retention provided that the policy shall 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.
18.3. Workers' compensation insurance with statutory limits and employer's liability insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall contain a waiver of subrogation in favor of the City, its mayor, council, officers, agents, employees and volunteers.
18.4. All policies required of the CONTRACTOR shall be primary insurance as to the CITY, its mayor, council, officers, agents, employees, or designated volunteers and any insurance or self -insurance maintained by the CITY, its mayor, council, officers, agents, employees, and designated volunteers shall be excess of the CONTRACTOR's insurance and shall not contribute with it.
18.5. Except for workers’ compensation, insurance is to 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 approved by the CITY in writing.
18.6. Unless otherwise approved by CITY’s Risk Manager, all policies shall contain an endorsement providing the CITY with thirty (30) days written notice of cancellation or material change in policy language or terms. All policies shall provide that there shall be continuing liability thereon, notwithstanding any recovery on any policy. Copies of policies shall be delivered to CITY on demand.
18.7. The insurance required hereunder shall be maintained until all work required to be performed by this Agreement is satisfactorily completed as evidenced by written acceptance by the CITY.
18.8. The CONTRACTOR shall furnish the City Risk Manager with a certificate of insurance and required endorsements evidencing the insurance required.
The CITY may withdraw its offer of contract or cancel this contract if certificates of insurance and endorsements required have not been provided prior to the execution of this Agreement.
18.9. Full compensation for all premiums which the CONTRACTOR is required to pay on all the insurance described herein shall be considered as included in the prices paid for the various items of work to be performed under the Agreement, and no additional allowance will be made therefor or for additional premiums which may be required by extensions of the policies of insurance.
18.10. It is further understood and agreed by the CONTRACTOR that its liability to the CITY shall not in any way be limited to or affected by the amount of insurance obtained and carried by the CONTRACTOR in connection with this Agreement.
18.11. Unless otherwise approved by the CITY, if any part of the work under this Agreement is subcontracted, the "basic insurance requirements" set forth above shall be provided by, or on behalf of, all subcontractors even if the CITY has approved lesser
insurance requirements for CONTRACTOR.
18.12. CONTRACTOR shall provide, when required by CITY, performance, labor and material bonds in amounts and in a form suitable to CITY. CITY shall approve in writing all such security instruments prior to commencement of any work under this Agreement.
19. THIRD PARTY CLAIMS. In the case of public works contracts, CITY will timely notify CONTRACTOR of third party claims relating to this contract. CITY shall be allowed to recover from CONTRACTOR, and CONTRACTOR shall pay on demand, all costs of notification.
20. INDEMNITY. 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 Agreement whether or not caused in part by a party indemnified hereunder, except for CITY’s sole active negligence or willful misconduct.
21. 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.
22. 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
WATER DEPARTMENT
1000 Buena Vista Road
Bakersfield, California 93311
(661) 326-3715
CONTRACTOR:
23. GOVERNING LAW. The laws of the State of California will govern the validity of this Agreement, its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in Kern County, California.
24. 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.
25. 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.
26. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the contract and their heirs, administrators, executors, personal representatives, successors and assigns, and whenever the context so requires, the masculine gender includes the feminine and neuter, and the singular number includes the plural. This Agreement may be executed in any number of counterparts, each of which shall be considered as an original and be effective as such.
27. 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 the property of the CITY.
28. 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 said records shall be made available to CITY representatives upon request at any time during regular business hours.
29. CORPORATE AUTHORITY. Each individual signing this Agreement on behalf of entities represent and warrant 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.
30. TAX NUMBERS.
CONTRACTOR's Federal Tax ID Number
CONTRACTOR is a corporation? Yes No
(Please check one)
31. NON-INTEREST. No officer or employee of the CITY shall hold any interest in this Agreement (California Government Code section 1090).
32. RESOURCE ALLOCATION . All obligations of CITY under the terms of this Agreement are subject to the appropriation and allocation of resources by the City Council.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first-above written.
"CITY" “CONTRACTOR”
CITY OF BAKERSFIELD
By: By:
KAREN GOH
Mayor Print Name
Title:
[Signatures on Following Page]
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 ___
“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. My signature below shall signify our firm’s acceptance of said contract if our firm is selected for awarding 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.”
Signature: _____________________________________ Date: ____________________
Attachment RFQ/P-4 –
Contractor Qualification Evaluation
Chemical Application for Noxious and Aquatic Weed Control Bakersfield, California
Proposer’s Name: __________________ Reviewer's Signature __________________ Date ________ Instructions: For each of the evaluation criteria: 1) Write your comments in the space provided. 2) Circle your choice o f Assigned Score. 3) Multiply Assigned Score by Factor and write the product in the Factored Score Column.
Criteria
Assigned Score
Factor Factored
Score
Max
Possible
Score
Below Min
Acceptable
Min
Accptbl
Below
Avg Avg Above
Avg Exclnt
1) Experience and qualifications of the Project Manager
0 23 46 70 76 82 88 94 100 0.15 15
2) Experience and qualifications of the Spray Applicator
0 23 46 70 76 82 88 94 100 0.15 15
3) Experience and qualification of the support staff
0 23 46 70 76 82 88 94 100 0.15 15
4) Experience and qualifications of Proposer in regards Spray Application reporting
0 23 46 70 76 82 88 94 100 0.10 10
5) Experience and qualifications of the other key personnel
0 23 46 70 76 82 88 94 100 0.05 5
6) Proposer’s management principles and procedures
0 23 46 70 76 82 88 94 100 0.10 10
7) Availability of Proposer's Team resources
0 23 46 70 76 82 88 94 100 0.05 5
8) Experience of the Proposer's Team Firms on similar projects
0 23 46 70 76 82 88 94 100 0.05 5
9) Proposer's ability to relate to the project requirements.
0 23 46 70 76 82 88 94 100 0.05 5
10) Evaluation of the Proposer’s submittal and subjective statements
0 23 46 70 76 82 88 94 100 0.05 5
11) Reference Check (Use score provided by the Coordinator on the Consultant Qualification Evaluation Addendum.) 5
12) The Proposer's past performance on City of Bakersfield projects. (Use score provided by the Coordinator on the Consultant Qualification Evaluation Addendum.) 5 TOTAL 100
EXHIBIT A
FEE PROPOSAL ITEMIZATION
Herbicide Application
(Roundup or equivalent with Blazon® Blue Spray Dye)
Boom Application cost per acre:
Hand Application cost per acre:
Pre-emergent Application
(Diuron or equivalent with Blazon® Blue Spray Dye)
Boom Application cost per acre:
Hand Application cost per acre:
Aquatic Herbicide Application
Apply one (1) treatment application of Sonar Genesis® and Clearcast® to canal bank, slopes and bottom (approximately 15 gross acres). This application shall be applied when canal is down for maintenance during January of each year.
Cost per treatment:
Apply up to four (4) Nautique® treatments to Beardsley Canal (1.5 linear miles w/flows to 600CFS), to provide effective control of aquatic weeds in canal.
Cost per treatment: