Well 29 TCP Treatment Project
Request for Proposals
Issued: October 12, 2022
Electronic Proposals are Due: November 2, 5:00 PM PST
RFP ATTACHMENT 1
1 Introduction
The City of Manteca (City) is soliciting ELECTRONIC REQUEST FOR PROPOSALS (RFPs) from professional consulting firms to prepare the Well 29 TCP Treatment Project (Project). Refer to Table 1 for RFP deadlines.
Firms submitting proposals for this project must have a project manager licensed as a Professional Engineer in the State of California and have experience in the field of water infrastructure design.
The City is seeking proposals for the design of the 1,2,3-Trichloropropane (TCP) treatment system for Well
29. Well 29 is located in a residential area at Yosemite Village Park. Vessels will need to be configured to minimize visual impacts at Yosemite Park and surrounding residents.
The City received Compliance Order No. 01-10-21R-002 in April 2021 to provide TCP treatment for Well 29 by April 2024.
Proposals shall be concise, well organized, and demonstrate the consultant’s qualifications and experience relating to the proposed project. At a minimum, proposals shall include the information in the following sections.
Innovation is encouraged to provide the City with comprehensive services in the most efficient, cost effective manner.
1.1 Project Timeline
The timeline below provides an approximation of time needed to complete key projects tasks. The timeline may change based on project needs.
Time is of the essence with respect to this contract. Please refer to Table 1 for deadlines. The successful proposer shall perform all required tasks set forth in the Scope of Services section.
Table 1: RFP Deadlines
Milestone Deadline
RFP Issued October 12, 2022
Deadline forClarifications/Inquiries October 25, 2022, 5:00 PM PST Deadline for ProposalSubmittal November 2, 2022, 5:00 PM PST Award of Contract (tentative) December 6, 2022
Issue Notice to Proceed (tentative) December 19, 2022
PST: Pacific Standard Time
Proposals received past the deadline will not be considered. The City accepts no responsibility if delivery is made to another electronic mail address or other technological issues that cause a submittal to be received after the deadline. An evaluation team will review submitted proposals and select the best proposal based on the evaluation criteria outlined in the RFP. The selected consultant will then be recommended to the City Council for entering into a contractual agreement for services. A free electronic copy of the RFP can be obtained by going to the City’s website via the link below.
Link to this RFP: https://www.ci.manteca.ca.us/Pages/RequestForProposal.aspx RFP ATTACHMENT 1
2 Background
Well 29 is located at 614 El Portal Avenue in Manteca, California (Figure 1) on the west side of Yosemite Village Park. Well 29 was drilled in 2017. The construction of onsite improvements (well house, paving, fencing, etc.) will be completed in June 2019. Well 29 has an arsenic concentration of 24 micrograms per Liter (ug/L), the maximum contaminant level (MCL) for arsenic is 10 ug/L.
The site contains a well house, emergency diesel generator, and two arsenic filter vessels. The filters will continue to be used to remove arsenic. Well 29 is connected at two locations to the distribution system:
one connection is located west of the well site at El Portal Avenue, and the other connection is located to the east at El Capitan Avenue as shown in Figure 1.
Figure 1: Well 29 Location
Well 29 has a deep well turbine pump that produces 2,000 gpm at 50 psi. During normal operation, a variable frequency drive (VFD) operates the pump as determined by system demand. The VFD is controlled by a programmable logic controller (PLC). The PLC receives a call to run, then signals the VFD to start the pump and run at the flow rate needed to maintain a preset system pressure. The PLC also starts the sodium hypochlorite metering pump at this time and flow paces the sodium hypochlorite metering pump to match the well flow. A portion of the pump discharge flow is diverted into the arsenic filters through the use of a “blending” valve.
RFP ATTACHMENT 1
The amount of water to be treated has been predetermined, based on the arsenic concentration in the source water and the desired arsenic level in the blended effluent (the water leaving the well facility must have an arsenic concentration <8 ppb or ug/L).
A “set point” in the PLC has been established to adjust the blending valve to maintain the proper ratio of treated and untreated water. The treated and untreated waters are brought back together and pass through a static mixer to thoroughly mix the combined waters before entering the distribution system.
The Well 29 PLC has been programmed to monitor and control the well and blending operation.
2.1 Design Considerations
The Well 29 is located within Yosemite Village Park. The site is split into two sections, as shown in Figure 1 to minimize visual impact to local residents. The new TCP treatment vessels shall be located to the east or north of the existing well building. Other site locations recommendations are welcomed and need to be incorporated in proposal.
TCP readings for Well 29 are listed in the following table:
TCP readings Well 29
Date - [ppt]
04/12/22 – 18 09/14/21 – 15
03/08/22 – 25 08/10/21 – 19
02/08/22 – 14 07/13/21 – 21
01/11/22 – 17 06/08/21 – 22
12/14/21 – 16 05/10/21 – 26
11/09/21 – 15 04/12/21 - 18
10/12/21 – 15
The TCP treatment vessels and associated equipment shall be designed with security and neighborhood aesthetics in mind. The City is interested in evaluating different equipment layouts for energy efficiency, operational flexibility, and maintenance ease. The selected firm will be working with City staff to determine the proper equipment to be installed at the well site.
Full supervisory control and data acquisition (SCADA) will be required via a local control panel at the well site via radio telemetry from the City's Municipal SCADA server located at Well 19. Access control and security system cameras will also be part of the project. The selected engineering firm will be responsible for the design and integration of the local process control system and SCADA system, access control, and security system. Coordination with City staff, and the City's SCADA Consultant, will be required to ensure all design, configuration, and integration is consistent with the City's requirements.
Given the nature of the project location, and its proximity to residents, the selected engineering firm will work with City staff on community outreach activities. These activities will include but not limited to stakeholder meetings, and news releases. The selected engineering firm will provide project slides displaying the project site, selected equipment, and proposed layout.
RFP ATTACHMENT 1
3 Proposal Submission and Format
Proposers must submit a Work Proposal and Cost Proposal via email. All responses must be completed as required, signed by an officer of the firm who is authorized to enter into a binding agreement with the City on behalf of the company (proof of signature authority must be attached), and must be received in the place and time designated in Table 1.
Proposal packages are to be submitted to: [email protected] Submittals or inquiries sent to other emails will not be accepted. 4 Work Proposal
4.1 Work Proposal
All proposals shall have a 10-page (one-sided page) limit. The proposal, resumes, and project schedule shall all be included within the page limit. The cover letter shall consist of maximum two (2) pages and include the following:
a. The proposer’s legal name, address, telephone number, email address, and contact person for the remainder of the selection process;
b. Any qualifying statements or comments regarding the proposer’s submittal, including proof of proposer’s capabilities to prepare a water treatment system; c. Statement indicating the validity of the proposal for a minimum period of 180 calendar days subsequent to the proposal due date; and
d. Resumes provided for each staff member shall be one page long at most. Resumes shall indicate college education, degrees earned, year licensing was obtained, and relevant project experience.
4.2 Organization Credentials, Background
a. Number of years in business preparing similar potable water and pipeline for municipal clients; b. Type of organization (partnership, corporation, etc.); c. Location of the office that will support your project team and perform the work. The individuals identified in the proposal shall be the same individuals that must complete the project work and meet/communicate with City staff on an on-going, consistent, and regular basis. The City shall be notified in writing of any change in staff members at minimum 30-days in advance. Changes is staff will need to be approved in writing by the City. This applies to all staff including staff from other firms; and
d. Count and description of personnel resources within the firm, including, but not limited to, inhouse professional disciplines of the firm.
4.3 Experience
Relevant experience with the preparation of potable water systems including well design and equipping, permitting of new well facilities, hydraulic design, pipeline design, and design of TCP treatment systems.
RFP ATTACHMENT 1
A minimum of three (3) references of existing and past water agency clients with emphasis given to work completed within the last five years. Please provide the following:
a. Project name/location
b. Project Manager name
c. Completion date or current status
d. Client name and client representative with telephone number and e-mail address e. Description of project
f. Original project budget and final cost
g. Original project duration and final project duration h. If project team includes a prime consultant and sub-consultants, provide detail regarding the role of the consultant and sub-consultants.
4.4 Project Team
4.4.1 Lead Firm
Clearly identify the lead firm noting the following items:
A. The lead firm shall oversee the project, be responsible for the successful completion of the work, and coordinate the work of all its sub-consultants.
B. The lead firm must provide information that demonstrates its experience as a prime or major subconsultant on projects of similar type, size, and complexity as the project under consideration.
C. The Lead Firm shall possess all permits, licenses, and professional credentials necessary to perform services as specified under this RFP.
4.4.2 Project Manager
Identify the Project Manager, which will be the primary client contact, that will be responsible for the management of the project (through the duration of the entire project), and for ensuring that the project performs within the agreed-upon scope, schedule, and budget. Information regarding the Project Manager’s qualifications and experience (both technical and managerial) shall be provided as indicated below.
A. Project Manager shall conduct presentation during interview by City staff.
B. The Project Manager must have demonstrated strong project management and organization skills, contract management abilities, and effective communication and interpersonal skills.
C. The Project Manager must meet the minimum qualifications, as follows:
i. An employee of the lead firm; and
ii. A minimum of 10 years of relevant experience with the preparation of similar projects.
4.4.3 Project Team
Only personnel that will work on the project (through the duration of the project) shall be identified in the proposal. Changes to the project team shall be approved by the City. a. The project team may consist of staff from the lead firm and from other consulting firms with expertise in specific areas (sub-consultants).
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b. The proposal should clearly identify key personnel and Subject Matter Experts with workload information and commitments of availability to work on the project to ensure that all prescribed deadlines are met.
c. List of proposed team members with titles that are expected to be involved throughout the life of the project, including prime consultants and sub-consultants; d. Provide an organization chart of the proposed project staffing; and e. Provide resumes (one-page maximum per team member) and related experience of each member that will be involved. Emphasis should be given to work completed for comparable municipalities within the last three years.
4.5 Project Understanding and Approach
This section should demonstrate the proposer’s understanding of the Project and the services required under this RFP, how the work will be organized, and anticipated key issues to be addressed. This section should include:
a. Description of the proposer’s overall approach to the services required under the Scope of Services, such as an outline of a work plan that describes how the proposer will organize the services;
b. Description of those areas that the proposer is most likely to have challenges, and discuss means to resolve those conflicts or avoid them altogether;
c. Identify what the proposer feels are the key components to making the project successful; and d. Other information that will assist City in selecting the most qualified consultant.
4.6 Schedule of Work
The proposal shall include a schedule of work items on a task-by-task basis, including an estimated completion date for each task.
4.7 Objections to Professional Services Agreement
Objections shall be submitted in writing with justification clearly stated. Any consultant with objections to terms contained in the City’s Agreement for Professional Services (see Attachment A) must advise the City of such objections and requested modifications as part of its proposal. Failure of a proposer to accept the terms of the City’s Agreement for Professional Services may result in the rejection of the proposal. It shall be the responsibility of the prospective consultants to review all sections and exhibits of the Agreement for Professional Services, including insurance requirements included as Attachment B. If no objections are received, the City will assume the proposer is able to and will enter into the Agreement for Professional Services and fulfill the terms and requirements set therein. The City may recover any damages accruing to the City as a result of the successful consultant’s failure or refusal to execute the City’s Agreement for Professional Services.
RFP ATTACHMENT 1
5 Scope of Services
The Scope of Services is comprised of the tasks detailed in the following sections.
5.1 Task 1 – Project Management and Kick‐Off Meeting
The consultant shall attend a project kick‐off conference call with the use of screen sharing capability with City staff to discuss project parameters, scheduling constraints, and other relevant information regarding services required by this RFP to prepare the Project, and additional documents as outlined below.
Consultant shall maintain a project schedule, which shall be updated, and submitted to the City at least once per month. Project update meetings shall take place every two weeks at minimum or more frequently as required by project needs.
If in-person meetings or gatherings are needed, considerations for enhancing protection of individuals and preventing spread of coronavirus disease 2019 (COVID-19) will need to be implemented. City staff and consultant will coordinate and determine, whether and how to implement these considerations, making adjustments to meet the unique needs and circumstances of the local community. ZOOM or similar remote meeting applications may be used if remote meetings are needed. City staff and consultant will coordinate the best use of remote meeting applications to encourage public participation. In-person meetings will be held as needed for the project.
The consultant shall prepare a detailed schedule of the project and identify completion dates for key milestones. The consultant is responsible for reviewing and becoming familiar with all pertinent data and requirements for completion of the project.
5.2 Task 2 – Preliminary Design Technical Memorandum
Prepare technical memorandum (TM) detailing the design aspects of the proposed project. The TM shall include detailed design information including, but not limited to, equipment sizing, design flow rate, design layouts, confirm well pump capacity against additional system losses as a result of adding the TCP treatment system, and other design information including calculations needed for future reference. The TM shall also include the desired landscaping layout, input, and requirements from the City’s Parks Department.
5.3 Task 3 – Construction Documents
The selected firm will develop:
• Detailed plans and specifications for construction
Construction documents shall incorporate City Engineering Standards and General Conditions as appropriate. Plans and specifications shall be submitted to the City for review at the 75%, and 100% design stages. The 75%, and 100% submittals shall drawings, specifications, supporting documents, and engineer's cost estimate for review. A technical review meeting shall be held after the 75% submittals to discuss the City's comments.
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• One reproducible set and PDF sets of drawings and specifications along with the final engineer's cost estimate shall be provided as the Final submittal. AutoCAD versions of all drawings, topo surveys, and external references e-transmitted so that all references appear correctly in the dwg file.
• Specifications shall also be provided electronically in both PDF and Microsoft Word (Word 2010) formats. The existing SCADA and HMI will need to be modified to incorporate the TCP treatment System.
5.4 Task 4 – Permits
The selected firm shall determine what permits and agency authorizations are required for project implementation. The selected firm shall prepare the application(s) for required permits and coordinate with all other agencies as required. The City will sign and submit the permits. The selected firm shall also track permit progress and be responsible for providing information required by the permitting agency.
5.5 Task 5 - Assist City Staff in Construction Bidding and Contractor Selection The City may request assistance with the following tasks:
• Coordinate and conduct pre-bid meetings, prepare and distribute pre-bid meeting minutes as necessary
• Prepare responses to bidder's inquiries during bid period (RFI’s) • Prepare and distribute bid addenda
• Review construction bids received and prepare a recommendation to the City regarding bid completeness/responsiveness, bidder capabilities, and contract award • Prepare conformed sets of specifications and drawings as directed by City
5.6 Task 6 – Construction Phase
The selected firm will provide engineering services during construction as follows:
• Review and provide written response to contractor submittals for conformance with the design drawings and specification
• Prepare and coordinate change order requests with City staff • Press releases and social media posts: prepare text with photos and/or figures (as needed) to identify road closures, public meetings, etc.
• Coordinate Public Meeting: consultant shall host, prepare PowerPoint presentation, and organize a public meeting for nearby residents to present the project and obtain comments.
A Technical Report and Operations Manual were prepared for the Well 29 arsenic treatment system. The proposed Project scope shall include the following.
• Update Well 29 Technical Report to incorporate the TCP Treatment system for submittal and approval to the Department of Drinking Water
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• Update Well 29 Operations Manual to incorporate the TCP Treatment system for submittal and approval to the Department of Drinking Water
5.7 Document Submittals
The following document submittal guidelines shall apply, except where noted, for each document identified for each task.
• Draft version of each document for internal review
• Final version, which incorporates comments from City staff
5.8 Deliverables
The Consultant shall provide to the City all services necessary to complete the Project, including but not limited to the following products and services below.
5.8.1 Conformed/Draft copies
• One (1) PDF copy
• One (1) electronic version of the complete document in Word 2010 file format • One (1) electronic version in PowerPoint file format (applies to presentations) • One (1) AutoCAD version of drawings and exhibits
5.8.2 Final document
• One (1) PDF copy
• One (1) electronic version of the complete document in Word 2010 file format • One (1) electronic version in PowerPoint file format (applies to presentations) • One (1) AutoCAD version of drawings and exhibits
5.8.3 Project Schedule
Given the complexity and number of documents required in the Scope of Work, the consultant shall update the project schedule on a monthly basis. Please submit PDF copy and a copy in Microsoft Project format.
6 Cost Proposal
The proposer must submit a detailed cost proposal for all services and materials anticipated to complete the Scope of Services with a “not-to-exceed” fixed fee, which shall be the sum of all tasks. The cost proposal shall be submitted as a separate excel file.
The file name shall follow this naming convention:
• Well 29 TCP Treatment – “Insert Company Name”Fee Schedule.pdf Provide a fixed dollar amount for each of the services and materials as described in the Scope of Services.
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Include an hourly rate table for typical planning and engineering classifications that may be requested for separate tasks not included in this RFP.
Consultant shall submit monthly invoices listing work completed. Invoices shall list summarize work broken down hourly rate, position, and material fees
7 Proposal Evaluation
City staff will evaluate each proposal for completeness and content. Each proposal will be evaluated based upon the relevant qualifications and experience of the proposer. Staff may choose to interview two or more closely ranked firms, allowing 30 minutes for a presentation of the short-listed firms and another 30 minutes for a questions/answer session. License status and references will also be verified. The proposal review will focus on the following criteria:
a. Project Management (15 points). Components of project management that demonstrate capability in management of projects of this scope. Include a sample monthly report. Please include a project schedule that accounts for the Scope of Services. b. Project Understanding (20 points). The proposal adequately demonstrates an understanding and experience in preparing similar potable water projects for municipalities c. Project Approach (40 points). Innovative approaches for alternative solutions and recommendations are preferred.
d. Experience (15 points). The firm’s expertise and professional qualifications with similar work.
Qualifications of the firm and individuals assigned to perform the work. e. Project schedule (10 points). Thoroughness of the project schedule, ability to complete the project within the selected timeframe.
8 Acceptance or Rejection of Proposal
The City reserves the right to accept or reject any and all proposals. The City also reserves the right to waive any informality or irregularity in any proposal or in the bidding as deemed to be in its best interest.
Additionally, the City may, for any reason, decide not to award an agreement as a result of this RFP or cancel the RFP process. The City shall not be obligated to respond to any proposal submitted, nor be legally bound in any manner by the submission of the proposal. The City reserves the right to negotiate Project deliverables and associated costs.
The City may require selected consultant to submit additional data or information the City deems necessary to substantiate the costs presented by the proposer. The City may also require selected consultant to revise one or more elements of its proposal in accordance with contract negotiations. 9 Inquiries and Addenda
All inquiries and questions shall be submitted in writing via email. The contact information is below.
Inquiries received after the due date to ask questions will be disregarded. Telephonic inquiries will not be taken. Questions and answers will be posted on the City’s website.
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Contact: Kyzen Nicolas, Assistant Engineer
Email: [email protected]
Subject Line: Well 29 TCP Treatment RFP
Deadline to ask questions: refer to Table 1 of this RFP for applicable deadlines. Questions and/or inquiries via phone and to other city personnel will not be answered.
The City will issue any revisions to this RFP as addenda. The City will distribute addenda to all potential proposers via e-mail and post on the City’s website. Proposers are responsible for receipt of all addenda.
The City’s issuance of a written addendum is the only official method whereby the City will interpret, clarify, or provide additional information concerning this RFP. No oral revision to any provision in the RFP shall be binding.
10 Agreement for Professional Services
Refer to Attachment A for the City’s Agreement for Professional Services.
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AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made and entered into this ____ day of ________________, 20___, by and between the CITY OF MANTECA, a public body, corporate and politic ("City") and _____________, a ___________ corporation ("Consultant").
RECITALS
A. Consultant is specially trained, experienced, and competent to perform the professional services required by this Agreement.
B. Consultant possesses the skill, experience, ability, background, certification, and knowledge to provide the services described in this Agreement on the terms and conditions specified herein.
C. City desires to retain Consultant to render the professional services set forth in this Agreement.
AGREEMENT
1. Scope of Services. Consultant shall perform the __________ services described in the attached Attachment 1 that is incorporated by this reference, and pursuant to the Proposal submitted by Consultant dated ______, and attached hereto as Attachment 2.
Consultant shall provide these services at the time, place, and in the manner specified in Attachment 1, subject to the direction of the City through its staff that may be provided from time to time. Performance of the ______ services is sometimes referred to herein as “the Project.”
2. Work Through City Staff. Consultant shall perform its services pursuant to this Agreement solely through City staff. No communications, information or documentations shall be made directly to any applicant to the City without the prior written consent of the City. This shall not apply to the sole request of information or clarification of information by Consultant from the applicant. All requests shall be noted to City in an expeditious manner.
3. Time of Performance. Consultant’s services will commence upon execution of this Agreement and shall be completed in accordance with the Schedule of Activities, attached hereto as Attachment 3. All work shall be completed no later than _______________. Failure to submit work products in accordance with the Schedule of Activities may result in the City withholding progress payments. Repeated failure to complete work products in accordance with the Schedule of Activities may result in a reduction of the total compensation provided for in Section 4 herein.
4. Compensation. Without additional authorization from the City, compensation to be paid to Consultant shall not exceed _______________DOLLARS ($______RFP). Payment by City ATTACHMENT 1
under this Agreement shall not be deemed a waiver of any defects, even if those defects were known to the City at the time of payment.
5. Method of Payment. Consultant shall submit monthly billings to City specifying and describing the work performed during the preceding month. Consultant's bills shall include a brief description of the services performed, the date the services were performed, the number of hours expended and by whom, and a description of any reimbursable expenditures. Full payment of each task will only be made at such time as each task is completed.
City shall pay Consultant no later than 30 days after approval of the monthly invoice by City staff. Payments may be delayed by City if Consultant fails to provide services in accordance with the Schedule of Activities, unless the City has provided prior written consent to any delay in the schedule.
6. Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, the term "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the time of execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without the City’s prior written authorization.
7. Termination. This Agreement may be terminated by the City immediately for cause, or by either party without cause upon 15 days’ prior written notice of termination. Upon termination, Consultant shall be entitled to compensation for services performed up to the effective date of termination upon submittal of an invoice for same.
8. Ownership of Documents; Confidentiality.
A. All plans, studies, documents, and other writings prepared by and for Consultant, its officers, employees, agents, and subcontractors in the course of implementing this Agreement, except working notes and internal documents, shall become the property of City upon payment to Consultant for such work. City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant's expense, provide such reports, plans, studies, documents and other writings to City upon written request by City. Consultant shall not be responsible for any unauthorized modification or use of such information for other than its intended purpose.
B. All memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other documents and data, either created by or provided to Consultant in connection with the performance of this Agreement, shall be held confidential by Consultant. These materials shall not, without the City’s prior written consent, be used by Consultant for any purposes other than the performance of the services under this Agreement. Nor shall these materials be disclosed to any person or entity not connected with the performance of services under this Agreement. Nothing furnished to Consultant that is otherwise known to Consultant, or is generally known, or has become RFP ATTACHMENT 1
known to the related profession shall be deemed confidential. Consultant shall not use City's name or insignia, photographs relating to the Project for which Consultant's services are rendered, or any publicity pertaining to the Consultant's services under this Agreement in any magazine, trade paper, newspaper, television or radio production, or other similar medium without the City’s prior written consent.
9. Consultant's Books and Records.
A. Consultant shall maintain all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City, for a minimum period of three years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement.
B. Consultant shall maintain all records that document performance under this Agreement for a minimum period of three years, or for any longer period required by law, from the date of termination or completion of this Agreement.
C. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor, or a designated representative of any of these officers. Copies of such documents shall be provided to City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant's address specified in Section 16 of this Agreement.
D. Where City has reason to believe that records or documents may be lost or discarded due to the dissolution or termination of Consultant's business, City may, by written request, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to these records and documents shall be granted to any party authorized by Consultant, Consultant's representatives, or Consultant's successor-ininterest.
10. Independent Contractor. In the performance of the work and services required by this Agreement, Consultant shall act as and be an independent contractor and not an agent, or employee of the City. Consultant shall obtain no rights to retirement or other benefits that accrue to City's employees, and Consultant expressly waives any claim it may have to any such rights.
11. Interest of Consultant.
A. Consultant represents that neither it nor any employee has any investment or interest in real property, and shall not acquire any such interest, direct or indirect, within the area covered by this Agreement, or any other source of income, interest in real property, or investment that would be affected in any manner or degree by the performance of Consultant's RFP ATTACHMENT 1
services hereunder. Consultant further represents that, in the performance of its duties hereunder, no person having any such interest shall perform any services under this Agreement.
B. Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant:
(1) will conduct research and arrive at conclusions with respect to its rendition of information, advice, recommendation, or counsel independent of the control and direction of the City, or of any City official, other than normal Agreement monitoring; and
(2) possesses no authority with respect to any City decision beyond the rendition of information, advice, recommendation, or counsel. (FPPC Reg. 18700(a)(2).)
12. Professional Ability of Consultant.
A. City is relying upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement.
Consultant shall therefore provide skilled professional and technical personnel to perform all services under this Agreement. All work performed by Consultant shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant's field of expertise.
B. The primary provider of the services required by this Agreement shall be ______________. A list of other individuals assigned to the Project will be provided to City for its review and approval, and these individuals shall not be replaced without the City’s prior written consent.
13. Compliance with Laws. Consultant shall use the customary standard of care in its profession to comply with all applicable federal, state, and local statutes, codes, ordinances, and regulations.
14. Licenses. Consultant represents and warrants to City that it has all licenses, permits, qualifications, insurance, and approvals that are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance, and approvals that are legally required of Consultant to practice its profession.
15. Indemnification and Hold Harmless. Consultant agrees to defend, indemnify, and hold harmless the City, its officers, officials, agents, employees, and volunteers, from and against any and all claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therewith), arising out of Consultant’s performance of this Agreement, or Consultant’s failure to comply with any of its obligations RFP ATTACHMENT 1
contained in this Agreement; excluding, however, any claim arising out of the active negligence or willful misconduct of the City, its officers, agents, employees, or volunteers.
16. Insurance Requirements.
A. Job specific insurance requirements can be found on the attached Attachment
4. Other insurance provisions can be found below:
B. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing an A.M. Best's rating of no less than A:VII and shall be endorsed with language substantially as follows:
(1) The City, its elected and appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant, including materials, parts, or equipment furnished in connection with such work.
(2) The policy shall be considered primary insurance as respects the City, its elected and appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. (3) The insurance shall apply to each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. (4) The insurer waives all rights of subrogation against the City, its elected and appointed officers, officials, employees, and agents. (5) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected and appointed officers, officials, employees, agents, or volunteers. (6) The insurance provided by the policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after 30 days written notice has been received by the City.
(7) The City will not accept any endorsements that were issued in 2004. Acceptable endorsement forms are CG 20 10 11 85 or both CG 20 10 10 01 and CG 20 37 10 01.
C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City's option, Consultant shall demonstrate financial capability for payment of those deductibles or self-insured retentions.
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D. Certificates of Insurance. Consultant shall provide to City certificates of insurance with original endorsements as evidence of the required insurance coverage.
Certificates of insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement.
17. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.
If to City: City of Manteca
1001 W. Center Street
Manteca, CA 95337
Attention: _______________
If to Consultant: ________________________
________________________
________________________
Attention: _______________
18. Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between the City and Consultant. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in their entirety by this Agreement.
19. Amendments. This Agreement may be amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney.
20. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience, and competence of Consultant. Assignments of any or all rights, duties, or obligations of the Consultant under this Agreement will be permitted only with the express written consent of the City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of the subcontractor.
Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of the City to pay any monies due to any such subcontractor other than as may be required by law.
21. Waiver. Waiver of any breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach or default of the same or any other provision under this Agreement.
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22. Severability. If any provision of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
23. Controlling Law; Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California, and any legal action relating to this Agreement shall take place in the Superior Court, County of San Joaquin.
24. Litigation Expenses and Attorneys' Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees.
25. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and shall divide the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS/ENDISPUTE ("JAMS") or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS, and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation.
26. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy has been signed by both parties.
27. Authority to Enter Agreement. Consultant warrants that it has all requisite power and authority to conduct its business and to execute, deliver, and perform this Agreement. Each party warrants to the other that the signatories to this Agreement have the legal power, right, and authority to enter into this Agreement and to bind each party.
28. Prohibited Interests.
A. Consultant warrants that it has not employed or retained any person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement.
Further, Consultant warrants that it has neither paid nor agreed to pay any person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For any breach or violation of this warranty, City shall have the right to rescind this Agreement without liability.
B. For the term of this Agreement, no member, officer, or employee of City, during the period of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
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29. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer, and it shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
30. Precedence. In case of conflict between Consultant’s Proposal/Consultant’s attachments and the City’s Agreement/City’s attachments, the City’s Agreement and City’s attachments shall take precedence over Consultant’s proposal/Consultant’s attachments.
This Space Purposely Left Blank
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TO EFFECTUATE THIS AGREEMENT, each of the parties has caused this Agreement to be executed by its duly authorized representative as of the date set forth in the introductory paragraph on page 1 above.
CITY OF MANTECA: CONSULTANT:
_________________________________ ___________________________________ Toni Lundgren (Type name of Consultant/form of organization)* Interim City Manager
ATTEST: By: ___________________________________
(Signature)
_________________________________ ___________________________________ Cassandra Candini-Tilton, (Type name and title)
Director of Legislative Services
COUNTERSIGNED: By: ___________________________________
(Signature)
_________________________________ ___________________________________ Bret Harmon, (Type name and title)
Director of Finance
COUNTERSIGNED: Address: ____________________________
_________________________________ ____________________________ Dawn Cortesi,
Interim Director of Human Resources Telephone: ____________________________ APPROVED AS TO FORM:
_________________________________
L. David Nefouse,
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City Attorney
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ATTACHMENT 1
REQUEST FOR PROPOSAL
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ATTACHMENT 2
CONSULTANT’S PROPOSAL
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ATTACHMENT 3
SCHEDULE OF ACTIVITIES
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EXHIBIT 1
Insurance Requirements for Professional Services
INSURANCE REQUIREMENTS
Consultants shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, his agents, representatives, employees or subcontractors.
Minimum Limits of Insurance: Coverage shall be at least as broad as:
Commercial General Liability
Commercial General Liability Insurance with $2,000,000 minimum limit per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Commercial General Liability Additional Insured Endorsement naming the following as insured on 2001 or earlier issued endorsement forms:
“City of Manteca, its officers, officials, employees, agents, and volunteers”.
Automobile Liability
If the vehicles are brought onto city facilities, covering any auto, or of Contractor has no owned autos, hired, and non-owned autos, the Contractor shall maintain automobile liability with limits no less than:
Automobile Liability Insurance with $1,000,000 minimum limit per accident for bodily injury and property damage.
Automobile Liability Additional Insured Endorsement naming the following as additional insured:
“City of Manteca, its officers, officials, employees, agents, and volunteers”.
Worker’s Compensation
As required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
Professional Liability (Errors and Omissions)
Insurance appropriates to the Contractor’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate
Other Insurance Provisions:
The insurance policies are to contain, or be endorsed to contain, the following provisions:
1. The City of Manteca, its officers, officials, employees, agents and volunteers are to be covered as insured’s as respect to: liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work operations. General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance at least as broad as CG 20 10 and CG 20 37 if completed operations coverage is required.
2. For any claims related to this contract, the Consultant’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers, shall be excess of the Consultant’s insurance and shall not contribute with it.
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3. The applicant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City of Manteca.
Verification of Coverage
Consultant shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the Entity before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The City of Manteca reserves the right to require complete, certified copes of all required insurance policies, including endorsements required by these specifications, at any time.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the Entity.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City of Manteca
Waiver of Subrogation
Consultant hereby grants to The City of Manteca a waiver of any right to subrogation which any insurer of said Consultant may acquire against the Entity by virtue of the payment of any loss under such insurance.
Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the insurer.
Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that The City of Manteca is an additional insured on insurance required from subcontractors.
SPECIAL RISKS OR CIRCUMSTANCES
The City of Manteca reserves the right to modify these requirements based on the nature of the risk, prior events, insurance coverage, or other special circumstances.
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