HomeMy WebLinkAboutExhibit AAugust 20, 2020
To Whom it may Concern;
Thank you for awarding "2 Mexicans Junk Removal" this contract for homeless
camp clean outs. San Luis Obispo City Finance Department has requested this letter
stating my rates. We bid the rate of $495 per ton of waste removed to be taken to the
landfill. However, there are certain circumstances when there will be "Labor" or "Extra"
fees that will be charged that will be explained in this letter.
In a case where our company trucks and/or employees cannot pull up next to,
or up to 50ft away from the pile, there will be a Labor charge. The rate is the same
price as we have been charging the city and every other customer who hires us. The
Labor rate is $100/Hr which is the price for a team of 2 Employees.
The City of San Luis Obispo Landfill "Waste Management" has extra fees for
certain items which are NOT included in our normal rates. Those items are Mattresses,
Couches, Refrigerators, Water Heaters, Stoves, Washers and Dryers. These items cost
an additional $25 per item. If any of these "Extras" are in the homeless camps we will
charge $25 per item. There is NO up-charge, it is what the landfill charges which we
will add onto the invoice. In these campsites we rarely find any of these "Extra" items.
But when we do, its usually a mattress or a couch.
1 Ton of Debris Removal: $495
General Rate Sheet
Labor Rate for junk that exceeds a 50 Foot walk to Truckffiailer: $100/Hr (2 employees)
Extra Item Fees:
Couch: $25
Mattress Set: $25
Exhibit A
If you have any further questions about rates or any general inquiries, I always
have my cell phone which is (805) 440-1295. This number is also the company number.
My email is my2mexicans@hotmail.com. Our company mailing address is P.O. Box
4857, San Luis Obispo, Ca, 93401.
With gratitude,
Julian Mora: Owner
The City of San Luis Obispo is committed to including disabled persons in all of our services, programs and activities.
Telecommunications Device for the Deaf (805) 781-7410.
Notice Requesting Proposals for Homeless Encampment Cleanup Services
The City of San Luis Obispo is requesting sealed proposals for services associated with the Homeless
Encampment Cleanup Services.
All firms interested in receiving further correspondence regarding this Request for Proposals (RFP) will be
required to complete a free registration using BidSync (https://www.bidsync.com/bidsync-app-
web/vendor/register/Login.xhtml). All proposals must be received via BidSync by the Department of
Finance at or before August 10, 2020, at 3 pm, when they will be opened electronically via BidSync.
Proposals received after said time may not be considered. The preferred method of submission is
electronically via BidSync. If you wish to send a hard copy to guard against premature opening, each
proposal shall be submitted to the Department of Finance in a sealed envelope plainly marked with the
proposal title, project number, proposer name, and time and date of the proposal opening. Proposals
shall be submitted using the forms provided in the project package.
Project packages and additional information may be obtained at the City’s BidSync website at
www.BidSync.com. Please contact Dan Clancy, Purchasing Analyst with any questions. You must post all
questions on BidSync, where the City will answer the questions publicly.
TABLE OF CONTENTS
A. INTRODUCTION ......................................................................................................................................... 2
B. SCOPE OF WORK ....................................................................................................................................... 2
C. PROJECT SCHEDULE .................................................................................................................................. 2
D. PROJECT BUDGET ..................................................................................................................................... 4
E. GENERAL TERMS AND CONDITIONS ......................................................................................................... 5
F. SPECIAL TERMS AND CONDITIONS ..............................................................................................................
G. FORM OF AGREEMENT ........................................................................................................................... 16
H. INSURANCE REQUIREMENTS ......................................................................................................................
I. PROPOSAL SUBMITTAL FORMS ................................................................................................................ 20
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A. INTRODUCTION
INTRODUCTION
The City of San Luis Obispo (the “City”) is requesting proposals for Homeless Encampment Clean-up
Services in accordance with this Request for Proposals (RFP). The selected Contractor will provide these
services throughout the City. The Contractor shall provide all equipment, supplies, insurance, training, and
personnel for the services. The City of San Luis Obispo is approximately 190 miles north of Los Angeles
and 230 miles south of San Francisco, located in Southern California's Central Coast region. The City’s
incorporated boundaries encompass 13.2 square miles or approximately 8,448 acres which includes 28
Parks and 3,775 acres of Open Space. The City’s population is approximately 46,377. This RFP contains the
information and documents necessary to prepare and submit a responsive proposal. Proposers are
responsible for complying with all requirements identified herein. By submitting a finished proposal
packet, the Proposer represents that it has thoroughly examined and become familiar with the work
required within this proposal and that it is capable of performing quality work to achieve the City’s
objectives. The City reserves the right to accept or reject any Proposal, or portions thereof, or to waive
any informalities or irregularities within the proposals.
B. SCOPE OF WORK
The City of San Luis Obispo is soliciting proposals to engage a qualified contractor to provide turnkey
homeless encampment site clean-up within the City limits with the goal to keep waterways, parks, and
public space free of debris and trash to protect the environment and provide safe use of public areas.
Services will be performed on an as needed basis. While the exact quantity of future homeless
encampment site clean-up is unknown, between July 2019 to April 2020, the City of San Luis Obispo
performed:
• 26 homeless encampment site clean-ups which typically required less than two (2) days to
complete for each site
• Removed a total of 74 tons of material
• Removed over 600 syringes
The City expects future needs to be similar to previous needs.
This RFP will require the contractor to furnish all labor, equipment, and disposals service for turnkey
homeless encampment site clean-up. All work will be conducted during the normal City Maintenance
Staff work timeframe which is Monday-Friday, 7:00 AM to 3:30 PM excluding holidays. The services
required are on an on-call basis but would be scheduled with advanced notice. The City anticipates clean-
ups to occur four times a month, however, this may increase or decrease based on the City’s needs.
C. PROJECT SCHEDULE
A. General Specifications:
1. Overview: As directed by the City, provide turnkey homeless encampment site clean-up for a
safe and clean site by removing trash, debris, syringes, and other homeless encampment waste
material.
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2. Site Conditions: Sites are considered to contain a variety of materials including garbage, general
debris, human waste, constructed temporary shelter, used syringes, and other items associated
with homeless occupancy.
3. Site Locations: Sites will be identified individually. The City will make an effort, when possible,
to cluster several sites to efficiently allow the contractor to complete the work. Historically, these
locations have been under bridges, near creeks, adjacent to bike paths and railroad tracks. The
contractor should expect to work in forested open area with vegetated ground cover and uneven
terrain.
4. Training: Every employer in the State of California is required to develop and maintain an
effective injury and illness prevention plan. The select bidders for this work must develop an
effective injury and illness prevention plan for this type of work and the site supervisor and all
worker(s) must be trained appropriately.
5. Occupants: All sites will be cleared of occupants by City of San Luis Obispo Police Department
prior to cleaning activities and may remain on site during cleanup efforts.
6. Payment: Invoice shall include price per weight and include load tickets.
8. Business License: A City Business License is required prior to performing work within the City
and for the duration of this contract. Each business must prove a Taxpayer Identification Number
(W9 Number).
B. Duties and Responsibilities:
1. Clean-up duties shall include reviewing the site prior to work to ensure the necessary labor,
materials, and equipment are furnished to complete the work. The work includes collecting
debris, dismantling temporary structures, removal of trash and waste, and appropriate handling
and disposal of all removed materials. Disposal must be only to appropriately permitted sites.
2. Contractor shall supply all labor, material, tools, protective clothing and gear, and equipment
that is required or needed to perform the work to handle, remove, transport, and dispose of the
waste materials and leave a clean site.
3. Contractor shall coordinate with the City on a site-by-site basis to determine the work order for
each encampment clean-up. The work order will establish the site start date, estimated
timeframe of the work, staging areas, traffic control, if required, and the name of the onsite
representative.
5. Contractor shall provide all supervision and management of crews and sub-contractors, and
ensure all necessary safety procedures are followed. This individual will serve as the City’s contact.
8. Contractor shall notify the City when the work is complete and provide a clean-up report for
each site, including total weight of debris removed.
9. Contractor shall notify the City’s designated representative in the event an adjacent homeless
encampment is discovered in the general area during the course of a project to obtain
authorization prior to proceeding with any additional work that was not identified in the work
scope.
10. Contractor shall follow best practices work procedures to safely manage any materials and
waste found on the jobsite, including urine, feces, solid personal hygiene items, syringes, and
other materials which could pose a health threat.
11. Contractor shall immediately contact the San Luis Obispo Police Department through 911 if a
weapon is found.
12. Contractor shall perform work in a timely, efficient, courteous manner at all times.
13. Contractor shall properly handle and dispose of solid waste and hazardous waste in
accordance with all applicable laws.
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14. Contractor shall conduct the clean-up within two weeks of receiving notice from the City that
a clean-up is requested. The two weeks can be extended with City approval (due to a variety of
variables such as weather constraints and police availability, etc.)
C. City Responsibilities:
1. Issue a work order with a minimum of a 72-hour notification to start time of a clean-up project.
2. Provide security during the posting of the “Notice to Vacate” and provide services, if requested,
during clean-up.
3. Provide a City representative to serve as a point of contact for reviewing work orders,
authorizing work, addressing issues and questions.
4. City will post "notice to vacate" signs at the work site prior to the commencement of each
removal project as established in the work-scope. Depending on circumstances this posting may
occur 72-hours from the date of the clean-up, or two-weeks prior to the clean-up.
5. City will be responsible for storing personal property and belongings that are not waste as
described above and to provide any required notice and opportunity for people to recover such
stored property.
6. City shall photograph the encampment site before and after cleaning and keep an electronic
copy.
D. Safety & Training
1. Safety and appropriate training/licensing are critical requirements for the selected Contractor.
At no time is the Contractor expected to interact with the homeless residents or put their
employees at risk.
2. Contractor shall comply with all safety rules, protocols, and licensing requirements mandated
by the State of California.
3. Work may be performed in inclement weather. Jobsites can be in heavy foliage, steep
embankments, next to train tracks, by creeks and lakes, and other areas requiring alertness to the
environment and pre-planning to prevent injury or illness. Contractor shall perform a hazard
assessment and provide all training and supplies necessary.
4. Contractor shall comply with all OSHA requirements.
5. Contractor shall conform to all applicable occupational safety and health standards, rules,
regulation and orders established by the State of California. The Contractor shall provide all safety
equipment, materials, and will supply training as required. The Contractor shall provide its
employees with appropriate safety apparel. This apparel shall include but not be limited to
hardhats, safety glasses, vest, gloves, and leather (or adequately puncture resistant) boots.
6. Contractor shall be trained annually in OSHA's Bloodborne Pathogen Standard 1910.1030. This
training must be supplemented with precautions regarding West Nile Virus, hanta virus, and
histoplasmosis. Employees must have work procedures to be able to safely manage urine, feces,
soiled personal hygiene items, syringes, and other materials which could pose a health threat.
Wearing Personal Protective Equipment and following other protocols established for this
situation must be followed. The Contractor will coordinate disposal of these wastes and syringes
with City staff and consistent with Section 2.18.
7. Contractor shall provide copies of any training records and licenses required by the City upon
request.
D. PROJECT BUDGET
The City estimates the need to remove approximately 74 tons of waste or more each year. The City will
issue work orders as needed to address the maximum amount of work within available budget.
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E. GENERAL TERMS AND CONDITIONS
PROPOSAL REQUIREMENTS
1. Requirement to Meet All Provisions. Each individual or firm submitting a proposal (bidder) shall
meet all the terms, and conditions of the Request for Proposals (RFP) project package. By virtue
of its proposal submittal, the bidder acknowledges agreement with and acceptance of all
provisions of the RFP specifications.
2. Proposal Submittal. Each proposal must be submitted on the form(s) provided in the
specifications and accompanied by any other required submittals or supplemental materials.
Proposal documents shall be enclosed in an envelope that shall be sealed and addressed to the
Department of Finance, City of San Luis Obispo, 990 Palm Street, San Luis Obispo, CA, 93401. To
guard against premature opening, the proposal should be clearly labeled with the proposal title,
project number, name of bidder, and date and time of proposal opening. No FAX or emailed
submittals will be accepted.
3. Insurance Certificate. Each proposal must include a certificate of insurance showing:
a. The insurance carrier and its A.M. Best rating.
b. Scope of coverage and limits.
c. Deductibles and self-insured retention.
The purpose of this submittal is to generally assess the adequacy of the bidder’s insurance
coverage during proposal evaluation; as discussed under paragraph 12 below, endorsements are
not required until contract award. The City’s insurance requirements are detailed in Section E.
4. Proposal Quotes. Lump sum prices quoted by the bidder must be entered in figures in the spaces
provided on the Proposal Submittal Form(s). Any lump sum bid shall be stated in figures. The
Proposal Submittal Form(s) must be totally completed. Proposals should include price per ton and
any other associated costs.
5. Proposal Withdrawal and Opening. A bidder may withdraw its proposal, without prejudice prior
to the time specified for the proposal opening, by submitting a written request to the Director of
Finance for its withdrawal, in which event the proposal will be returned to the bidder unopened.
No proposal received after the time specified or at any place other than that stated in the “Notice
Inviting Bids/Requesting Proposals” will be considered. All proposals will be opened and declared
publicly. Bidders or their representatives are invited to be present at the opening of the
proposals.
6. Submittal of One Proposal Only. No individual or business entity of any kind shall be allowed to
make or file, or to be interested as the primary submitter in more than one proposal, except an
alternative proposal when specifically requested; however, an individual or business entity that
has submitted a sub-proposal to a bidder submitting a proposal, or who has quoted prices on
materials to such bidder, is not thereby disqualified from submitting a sub-proposal or from
quoting prices to other bidders submitting proposals.
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7. Communications. All timely requests for information submitted in writing will receive a written
response from the City. Telephone communications with City staff are not encouraged but will
be permitted. However, any such oral communication shall not be binding on the City.
CONTRACT AWARD AND EXECUTION
8. Proposal Retention and Award. The City reserves the right to retain all proposals for a period of
60 days for examination and comparison. The City also reserves the right to waive non-substantial
irregularities in any proposal, to reject any or all proposals, to reject or delete one part of a
proposal and accept the other, except to the extent that proposals are qualified by specific
limitations. See the “special terms and conditions” in Section C of these specifications for
proposal evaluation and contract award criteria.
9. Competency and Responsibility of Bidder. The City reserves full discretion to determine the
competence and responsibility, professionally and/or financially, of bidders. Bidders will provide,
in a timely manner, all information that the City deems necessary to make such a decision.
10. Contract Requirement. The bidder to whom award is made (Contractor) shall execute a written
contract with the City within ten (10) calendar days after notice of the award has been sent by
mail to it at the address given in its proposal. The contract shall be made in the form adopted by
the City and incorporated in these specifications.
CONTRACT PERFORMANCE
11. Insurance Requirements. The Contractor shall provide proof of insurance in the form, coverages
and amounts specified in Section E of these specifications within 10 (ten) calendar days after
notice of contract award as a precondition to contract execution.
12. Business License & Tax. The Contractor must have a valid City of San Luis Obispo business license
& tax certificate before execution of the contract. Additional information regarding the City’s
business tax program may be obtained by calling (805) 781-7134.
13. Ability to Perform. The Contractor warrants that it possesses, or has arranged through
subcontracts, all capital and other equipment, labor, materials, and licenses necessary to carry
out and complete the work hereunder in compliance with all federal, state, county, city, and
special district laws, ordinances, and regulations.
14. Laws to be Observed. The Contractor shall keep itself fully informed of and shall observe and
comply with all applicable state and federal laws and county and City of San Luis Obispo
ordinances, regulations and adopted codes during its performance of the work.
15. Payment of Taxes. The contract prices shall include full compensation for all taxes that the
Contractor is required to pay.
16. Permits and Licenses. The Contractor shall procure all permits and licenses, pay all charges and
fees, and give all notices necessary.
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17. Safety Provisions. The Contractor shall conform to the rules and regulations pertaining to safety
established by OSHA and the California Division of Industrial Safety.
18. Public and Employee Safety. Whenever the Contractor’s operations create a condition hazardous
to the public or City employees, it shall, at its expense and without cost to the City, furnish, erect
and maintain such fences, temporary railings, barricades, lights, signs and other devices and take
such other protective measures as are necessary to prevent accidents or damage or injury to the
public and employees.
19. Preservation of City Property. The Contractor shall provide and install suitable safeguards,
approved by the City, to protect City property from injury or damage. If City pro perty is injured
or damaged resulting from the Contractor’s operations, it shall be replaced or restored at the
Contractor’s expense. The facilities shall be replaced or restored to a condition as good as when
the Contractor began work.
20. Immigration Act of 1986. The Contractor warrants on behalf of itself and all subcontractors
engaged for the performance of this work that only persons authorized to work in the United
State pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall
be employed in the performance of the work hereunder.
21. Contractor Non-Discrimination. In the performance of this work, the Contractor agrees that it
will not engage in, nor permit such subcontractors as it may employ, to engage in discrimination
in employment of persons because of age, race, color, sex, national origin or ancestry, sexual
orientation, or religion of such persons.
22. Work Delays. Should the Contractor be obstructed or delayed in the work required to be done
hereunder by changes in the work or by any default, act, or omission of the City, or by strikes, fire,
earthquake, or any other Act of God, or by the inability to obtain materials, equipment, or labor
due to federal government restrictions arising out of defense or war programs, then the time of
completion may, at the City’s sole option, be extended for such periods as may be agreed upon
by the City and the Contractor. In the event that there is insufficient time to grant such extensions
prior to the completion date of the contract, the City may, at the time of acceptance of the work,
waive liquidated damages that may have accrued for failure to complete on time, due to any of
the above, after hearing evidence as to the reasons for such delay, and making a finding as to the
causes of same.
23. Payment Terms. The City’s payment terms are 30 days from the receipt of an original invoice and
acceptance by the City of the materials, supplies, equipment, or services provided by the
Contractor (Net 30).
24. Inspection. The Contractor shall furnish City with every reasonable opportunity for City to
ascertain that the services of the Contractor are being performed in accordance with the
requirements and intentions of this contract. All work done, and all materials furnished, if any,
shall be subject to the City’s inspection and approval. The inspection of such work shall not relieve
Contractor of any of its obligations to fulfill its contract requirements.
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25. Audit. The City shall have the option of inspecting and/or auditing all records and other written
materials used by Contractor in preparing its invoices to City as a condition precedent to any
payment to Contractor.
26. Interests of Contractor. The Contractor covenants that it presently has no interest, and shall not
acquire any interest—direct, indirect or otherwise—that would conflict in any manner or degree
with the performance of the work hereunder. The Contractor further covenants that, in the
performance of this work, no subcontractor or person having such an interest shall be employed.
The Contractor certifies that no one who has or will have any financial interest in performing this
work is an officer or employee of the City. It is hereby expressly agreed that, in the performance
of the work hereunder, the Contractor shall at all times be deemed an independent contractor
and not an agent or employee of the City.
27. Hold Harmless and Indemnification.
(a) Non-design, non-construction Professional Services: To the fullest extent permitted by law
(including, but not limited to California Civil Code Sections 2782 and 2782.8), Contractor shall
indemnify, defend, and hold harmless the City, and its elected officials, officers, employees,
volunteers, and agents (“City Indemnitees”), from and against any and all causes of action, claims,
liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs
of litigation (“claims”), arising out of the Contractor’s performance or Contractor’s failure to
perform its obligations under this Agreement or out of the operations conducted by Contractor,
including the City’s active or passive negligence, except for such loss or damage arising from the
sole negligence or willful misconduct of the City. In the event the City Indemnitees are made a
party to any action, lawsuit, or other adversarial proceeding arising from Contractor’s
performance of this Agreement, the Contractor shall provide a defense to the City Indemnitees
or at the City’s option, reimburse the City Indemnitees their costs of defense, including reasonable
legal fees, incurred in defense of such claims.
(b) Non-design, construction Professional Services: To the extent the Scope of Services involve a
“construction contract” as that phrase is used in Civil Code Section 2783, this paragraph shall
apply in place of paragraph A. To the fullest extent permitted by law (including, but not limited to
California Civil Code Sections 2782 and 2782.8), Contractor shall indemnify, defend, and hold
harmless the City, and its elected officials, officers, employees, volunteers, and agents (“City
Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations,
judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”),
arising out of the Contractor’s performance or Contractor’s failure to perform its obligations
under this Agreement or out of the operations conducted by Contractor, except for such loss or
damage arising from the active negligence, sole negligence or willful misconduct of the City. In
the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial
proceeding arising from Contractor’s performance of this Agreement, the Contractor shall provide
a defense to the City Indemnitees or at the City’s option, reimburse the City Indemnitees th eir
costs of defense, including reasonable legal fees, incurred in defense of such claims.
(c) Design Professional Services: In the event Contractor is a “design professional”, and the Scope
of Services require Contractor to provide “design professional services” as those phrases are used
in Civil Code Section 2782.8, this paragraph shall apply in place of paragraphs A or B. To the fullest
extent permitted by law (including, but not limited to California Civil Code Sections 2782 and
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2782.8) Contractor shall indemnify, defend and hold harmless the City and its elected officials,
officers, employees, volunteers and agents (“City Indemnitees”), from and against all claims,
damages, injuries, losses, and expenses including costs, attorney fees, expert contractor and
expert witness fees arising out of, pertaining to or relating to, the negligence, recklessness or
willful misconduct of Contractor, except to the extent caused by the sole negligence, active
negligence or willful misconduct of the City. Negligence, recklessness or willful misconduct of any
subcontractor employed by Contractor shall be conclusively deemed to be the negligence,
recklessness or willful misconduct of Contractor unless adequately corrected by Contractor. In the
event the City Indemnitees are made a party to any action, lawsuit, or other adversarial
proceeding arising from Contractor’s performance of this Agreement, the Contractor shall provide
a defense to the City Indemnitees or at the City’s option, reimburse the City Indemnitees their
costs of defense, including reasonable legal fees, incurred in defense of such claims. In no event
shall the cost to defend charged to Contractor under this paragraph exceed Contractor’s
proportionate percentage of fault. However, notwithstanding the previous sentence, in the event
one or more defendants is unable to pay its share of defense costs due to bankruptcy or
dissolution of the business, Contractor shall meet and confer with other parties regarding unpaid
defense costs.
(d) The review, acceptance or approval of the Contractor’s work or work product by any
indemnified party shall not affect, relieve or reduce the Contractor’s indemnification or defense
obligations. This Section survives completion of the services or the termination of this contract.
The provisions of this Section are not limited by and do not affect the provisions of this contract
relating to insurance.
28. Contract Assignment. The Contractor shall not assign, transfer, convey or otherwise dispose of
the contract, or its right, title or interest, or its power to execute such a contract to any individual
or business entity of any kind without the previous written consent of the City.
29. Termination for Convenience. The City may terminate all or part of this Agreement for any or no
reason at any time by giving 30 days written notice to Contractor. Should the City terminate this
Agreement for convenience, the City shall be liable as follows: (a) for standard or off -the-shelf
products, a reasonable restocking charge not to exceed ten (10) percent of the total purchase
price; (b) for custom products, the less of a reasonable price for the raw materials, components
work in progress and any finished units on hand or the price per unit reflected on this Agreement.
For termination of any services pursuant to this Agreement, the City’s liability will be the lesser of
a reasonable price for the services rendered prior to termination, or the price for the services
reflected on this Agreement. Upon termination notice from the City, Contractor must, unless
otherwise directed, cease work and follow the City’s directions as to work in progress and finished
goods.
30. Termination. If, during the term of the contract, the City determines that the Contractor is not
faithfully abiding by any term or condition contained herein, the City may notify the Contractor in
writing of such defect or failure to perform. This notice must give the Contractor a 10 (ten)
calendar day notice of time thereafter in which to perform said work or cure the deficiency.
If the Contractor has not performed the work or cured the deficiency within the ten days specified
in the notice, such shall constitute a breach of the contract and the City may terminate the
contract immediately by written notice to the Contractor to said effect. Thereafter, neither party
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shall have any further duties, obligations, responsibilities, or rights under the contract except,
however, any and all obligations of the Contractor’s surety shall remain in full force and effect,
and shall not be extinguished, reduced, or in any manner waived by the terminations thereof.
In said event, the Contractor shall be entitled to the reasonable value of its services performed
from the beginning date in which the breach occurs up to the day it received the City’s Notice of
Termination, minus any offset from such payment representing the City’s damages from such
breach. “Reasonable value” includes fees or charges for goods or services as of the last milestone
or task satisfactorily delivered or completed by the Contractor as may be set forth in the
Agreement payment schedule; compensation for any other work, services or goods performed or
provided by the Contractor shall be based solely on the City’s assessment of the value of the work-
in-progress in completing the overall work scope.
The City reserves the right to delay any such payment until completion or confirmed
abandonment of the project, as may be determined in the City’s sole discretion, so as to permit a
full and complete accounting of costs. In no event, however, shall the Contractor be entitled to
receive in excess of the compensation quoted in its proposal.
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SPECIAL TERMS AND CONDITIONS
1. Contract Award. Subject to the reservations set forth in Paragraph 9 of Section B (General Terms
and Conditions) of these specifications, the contract will be awarded to the lowest responsible,
responsive proposer.
2. Sales Tax Reimbursement.
For sales occurring within the City of San Luis Obispo, the City receives sales tax revenues.
Therefore, for bids from retail firms located in the City at the time of proposal closing for which
sales tax is allocated to the City, 1% of the taxable amount of the bid will be deducted from the
proposal by the City in calculating and determining the lowest responsible, responsive proposer.
3. Labor Actions.
In the event that the successful proposer is experiencing a labor action at the time of contract
award (or if its suppliers or subcontractors are experiencing such a labor action), the City reserves
the right to declare said proposer is no longer the lowest responsible, responsive proposer and to
accept the next acceptable low proposal from a proposer that is not experiencing a labo r action,
and to declare it to be the lowest responsible, responsive proposer.
4. Failure to Accept Contract.
The following will occur if the proposer to whom the award is made (Contractor) fails to enter into
the contract: the award will be annulled; any bid security will be forfeited in accordance with the
special terms and conditions if a proposer's bond or security is required; and an award may be
made to the next lowest responsible, responsive proposer who shall fulfill every stipulation as if
it were the party to whom the first award was made.
5. Contract Term.
The supplies or services identified in this specification will be used by the City for up to one year.
The prices quoted for these items must be valid for the entire period indicated abo ve unless
otherwise conditioned by the proposer in its proposal.
6. Contract Extension.
The term of the contract may be extended by mutual consent for an additional one-year, and
annually thereafter, for a total of four years. During the term of the agreement, contract prices
may be increased by a percentage equal to the increase in the U.S. Consumer Price Index/All
Urban Consumers (CPI-U), each year, from the date of contract execution.
7. Supplemental Purchases
Supplemental Purchases. Supplemental purchases may be made from the successful proposer
during the contract term in addition to the items listed in the Detail Proposal Submittal Form. For
these supplemental purchases, the proposer shall not offer prices to the City in excess of the
amounts offered to other similar customers for the same item. If the proposer is willing to offer
the City a standard discount on all supplemental purchases from its generally prevailing or
published price structure during the contract term, this offer and the amount of discount on a
percentage basis should be provided with the proposal submittal.
City of San Luis Obispo
Specification No. 9xxxx
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8. Contractor Invoices.
The Contractor may deliver either a monthly invoice to the City with attached copies of detail
invoices as supporting detail, or in one lump-sum upon completion.
9 Non-Exclusive Contract. The City reserves the right to purchase the items listed in the Detail
Proposal Submittal Form, as well as any supplemental items, from other vendors during the
contract term.
10. Unrestrictive Brand Names. Any manufacturer's names, trade names, brand names or catalog
numbers used in the specifications are for the purpose of describing and establishing general
quality levels. Such references are not intended to be restrictive. Proposals will be considered for
any brand that meets or exceeds the quality of the specifications given for any item. In the event
an alternate brand name is proposed, supplemental documentation shall be provided
demonstrating that the alternate brand name meets or exceeds the requirements specified
herein. The burden of proof as to the suitability of any proposed alternatives is upon the proposer,
and the City shall be the sole judge in making this determination.
11. Delivery. Prices quoted for all supplies or equipment to be provided under the terms and
conditions of this RFP package shall include delivery charges, to be delivered F.O.B. San Luis
Obispo by the successful proposer and received by the City within 90 days after authorization to
proceed by the City.
12. Start and Completion of Work. Work on this project shall begin immediately after contract
execution and shall be completed within 90 calendar days thereafter, unless otherwise negotiated
with City by mutual agreement.
13. Change in Work. The City reserves the right to change quantities of any item after contract award.
If the total quantity of any changed item varies by 25% or less, there shall be no change in the
agreed upon unit price for that item. Unit pricing for any quantity changes per item in excess of
25% shall be subject to negotiation with the Contractor.
14. Submittal of References. Each proposer shall submit a statement of qualifications and references
on the form provided in the RFP package.
15. Statement of Contract Disqualifications. Each proposer shall submit a statement regarding any
past governmental agency bidding or contract disqualifications on the form provided in the RFP
package.
City of San Luis Obispo
Specification No. 9xxxx
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PROPOSAL CONTENT FOR MOST RFP’s EXCEPT FOR
ENGINEERING, ARCHITECTURAL AND ENVIRONMENTAL SERVICES
1. Proposal Content. Your proposal must include the following information:
Submittal Forms
a. Proposal submittal summary.
b. Certificate of insurance.
c. References from at least three firms for whom you have provided similar services.
Qualifications
d. Experience of your firm and those of sub- contractors in performing work and projects
relevant to the Scope of Services outlined and described in the request.
e. Statement and explanation of any instances where your firm or sub- contractor has been
removed from a project or disqualified from proposing on a project.
Work Program
f. Description of your approach to completing the work.
g. Description of assumptions critical to development of the response which may impact
cost or scope.
Requested Changes to Terms and Conditions
h. The City desires to begin work soon after selecting the preferred Contractor. To expedite
the contracting process, each submittal shall include requested redlined changes to terms
and conditions, if necessary.
Proposal Length
i. Proposal length should only be as long as required to be responsive to the RFP, including
attachments and supplemental materials.
2. Proposal Evaluation and Selection. Proposals will be evaluated by a review committee and
evaluated on the following criteria:
a. Understanding of the work required by the City.
b. Quality, clarity and responsiveness of the proposal.
c. Demonstrated competence and professional qualifications necessary for successfully
performing the work required by the City.
d. Recent team experience in successfully performing similar services.
e. Creativity of the proposed approach in completing the work.
f. Value
g. Writing skills.
City of San Luis Obispo
Specification No. 9xxxx
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h. References.
i. Background and experience of the specific individuals managing and assigned to this
project.
As reflected above, contract award will not be based solely on price, but on a combination of factors as
determined to be in the best interest of the City. After evaluating the proposals and discussing them
further with the finalists or the tentatively selected contractor, the City reserves the right to further
negotiate the proposed work and/or method and amount of compensation.
3. Proposal Review and Award Schedule. The following is an outline of the anticipated schedule for
proposal review and contract award:
a. Issue RFP 7/8/2020
b. Receive proposals 8/10/2020
c. Complete proposal evaluations 8/17/2020
d. Notification of winning bid 8/24/2020
e. Execute contract 9/1/2020
f. Start work 9/1/2020
4. Required Deliverable Products. The Contractor will be required to provide:
a. One electronic submission - digital-ready original .pdf of all final documents. If you wish
to file a paper copy, please submit in sealed envelope to the address provided in the RFP.
b. Corresponding computer files compatible with the following programs whenever possible
unless otherwise directed by the project manager:
Word Processing: MS Word
Spreadsheets: MS Excel
Desktop Publishing: InDesign
Virtual Models: Sketch Up
Digital Maps: Geodatabase shape files in
State Plan Coordinate System as
specified by City GIS staff
c. City staff will review any documents or materials provided by the Contractor and, where
necessary, the Contractor will be required to respond to staff comments and make such
changes as deemed appropriate.
ALTERNATIVE PROPOSALS
5. Alternative Proposals. The proposer may submit an alternative proposal (or proposals) that it
believes will also meet the City's project objectives but in a different way. In this case, the
proposer must provide an analysis of the advantages and disadvantages of each of the alternative
and discuss under what circumstances the City would prefer one alternative to the other(s).
City of San Luis Obispo
Specification No. 9xxxx
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6. Attendance at Meetings and Hearings. As part of the work-scope and included in the contract
price is attendance by the Contractor at up to [number] public meetings to present and discuss
its findings and recommendations. Contractor shall attend as many "working" meetings with staff
as necessary in performing work-scope tasks.
7. Accuracy of Specifications. The specifications for this project are believed by the City to be
accurate and to contain no affirmative misrepresentation or any concealment of fact. Bidders are
cautioned to undertake an independent analysis of any test results in the specifications, as City
does not guaranty the accuracy of its interpretation of test results contained in the specifications
package. In preparing its proposal, the bidder and all subcontractors named in its proposal shall
bear sole responsibility for proposal preparation errors resulting from any misstatements or
omissions in the plans and specifications that could easily have been ascertained by examining
either the project site or accurate test data in the City's possession. Although the effect of
ambiguities or defects in the plans and specifications will be as determined by law, any patent
ambiguity or defect shall give rise to a duty of bidder to inquire prior to proposal submittal. Failure
to so inquire shall cause any such ambiguity or defect to be construed against the bidder. An
ambiguity or defect shall be considered patent if it is of such a nature that the bidder, assuming
reasonable skill, ability, and diligence on its part, knew or should have known of the existence of
the ambiguity or defect. Furthermore, failure of the bidder or subcontractors to notify City in
writing of specification or plan defects or ambiguities prior to proposal submittal shall waive any
right to assert said defects or ambiguities subsequent to submittal of the proposal.
To the extent that these specifications constitute performance specifications, the City shall not be
liable for costs incurred by the successful bidder to achieve the project’s objective or standard
beyond the amounts provided there for in the proposal.
In the event that, after awarding the contract, any dispute arises as a result of any actual or alleged
ambiguity or defect in the plans and/or specifications, or any other matter whatsoever,
Contractor shall immediately notify the City in writing, and the Contractor and all subcontractors
shall continue to perform, irrespective of whether or not the ambiguity or defect is major,
material, minor or trivial, and irrespective of whether or not a change order, time extension, or
additional compensation has been granted by City. Failure to provide the hereinbefore described
written notice within one (1) working day of contractor's becoming aware of the facts giving rise
to the dispute shall constitute a waiver of the right to assert the causative role of the defect or
ambiguity in the plans or specifications concerning the dispute.
City of San Luis Obispo
Specification No. 9xxxx
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SECTION G: FORM OF AGREEMENT
AGREEMENT
THIS AGREEMENT is made and entered into in the City of San Luis Obispo on [day, date, year] by
and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and
[CONTRACTOR’S NAME IN CAPITAL LETTERS], hereinafter referred to as Contractor.
W I T N E S S E T H:
WHEREAS, on [date], City requested proposals for [______________], per Project No. [xxxx]
WHEREAS, pursuant to said request, Contractor submitted a proposal that was accepted by City
for said project;
NOW THEREFORE, in consideration of their mutual promises, obligations and covenants
hereinafter contained, the parties hereto agree as follows:
1. TERM. The term of this Agreement shall be from the date this Agreement is made and
entered, as first written above, until acceptance or completion of said project.
2. INCORPORATION BY REFERENCE. City Specification No. ______ and Contractor's proposal
dated [date] is hereby incorporated in and made a part of this Agreement and attached as Exhibit A. The
City’s terms and conditions are hereby incorporated in an made a part of this Agreement as Exhibit B. To
the extent that there are any conflicts between the Contractor’s fees and scope of work and the City’s
terms and conditions, the City’s terms and conditions shall prevail, unless specifically agreed otherwise in
writing signed by both parties.
3. CITY'S OBLIGATIONS. For providing the services as specified in this Agreement, City will
pay, and Contractor shall receive therefore compensation [xxxxxxx].
4. CONTRACTOR’S OBLIGATIONS. For and in consideration of the payments and
agreements hereinbefore mentioned to be made and performed by City, Contractor agrees with City to
do everything required by this Agreement and the said specifications.
5. AMENDMENTS. Any amendment, modification, or variation from the terms of this
Agreement shall be in writing and shall be effective only upon approval by the City Manager.
City of San Luis Obispo
Specification No. 9xxxx
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6. COMPLETE AGREEMENT. This written Agreement, including all writings specifically
incorporated herein by reference, shall constitute the complete agreement between the parties hereto.
No oral agreement, understanding or representation not reduced to writing and specifically incorporated
herein shall be of any force or effect, nor shall any such oral agreement, understanding or representation
be binding upon the parties hereto.
7. NOTICE. All written notices to the parties hereto shall be sent by United States mail,
postage prepaid by registered or certified mail addressed as follows:
City Name
Dept.
Address
Contractor Name
Title
Address
Address
8. AUTHORITY TO EXECUTE AGREEMENT. Both City and Contractor do covenant that
everyone executing this agreement on behalf of each party is a person duly authorized and empowered
to execute Agreements for such party.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day
and year first above written.
CITY OF SAN LUIS OBISPO:
By:_____________________________________
City Manager
APPROVED AS TO FORM: CONTRACTOR:
________________________________ By: _____________________________________
City Attorney Name of CAO / President
Its: CAO / President
City of San Luis Obispo
Specification No. 9xxxx
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SECTION H: INSURANCE REQUIREMENTS
Operation & Maintenance Contracts
The contractor shall procure and maintain for the duration of the contract insurance against claims for
injuries to persons or damages to property that may arise from or in connection with the performance of
the work hereunder by the contractor, its agents, representatives, employees or subcontractors.
Minimum Scope of Insurance. Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1
(any auto).
3. Workers' Compensation insurance as required by the State of California and Employer's Liability
Insurance.
Minimum Limits of Insurance. Contractor shall maintain limits no less than:
1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property
damage. If Commercial General Liability or other form with a general aggregate limit is used,
either the general aggregate limit shall apply separately to this project/location or the general
aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
3. Employer's Liability: $1,000,000 per accident for bodily injury or disease.
Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to
and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such
deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers;
or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim
administration and defense expenses.
Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be
endorsed to contain, the following provisions:
1. The City, its officers, officials, employees, agents and volunteers are to be covered as insureds as
respects: liability arising out of activities performed by or on behalf of the Contractor; products
and completed operations of the Contractor; premises owned, occupied or used by the
Contractor; or automobiles owned leased, hired or borrowed by the Contractor. The coverage
shall contain no special limitations on the scope of protection afforded to the City, its officers,
official, employees, agents or volunteers.
2. For any claims related to this project, the Contractor'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 Contractor's insurance and shall not contribute with it.
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Specification No. 9xxxx
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3. The Contractor'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.
Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no
less than A:VII.
Verification of Coverage. Contractor shall furnish the City with a certificate of insurance showing required
coverage. Original endorsements effecting general liability and automobile liability coverage are also
required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind
coverage on its behalf. All endorsements are to be received and approved by the City before wor k
commences.
Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish
separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be
subject to all of the requirements stated herein.
City of San Luis Obispo
Specification No. 9xxxx
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SECTION I: PROPOSAL SUBMITTAL FORM - SAMPLE
The undersigned declares that she or he has carefully examined Project No. [xxxx] which is hereby made
a part of this proposal; is thoroughly familiar with its contents; is authorized to represent the proposing
firm; and agrees to perform the specified work for the following cost quoted in full:
BID ITEM: Homeless Encampment Clean-up Services for 74 Tons annually (approximately four clean-
ups a month)
Total Base Price
Price per ton
Sales tax []
Other
TOTAL $
q Certificate of insurance attached; insurance company’s A.M. Best rating: __________________.
Firm Name and Address
Contact Phone
Signature of Authorized Representative
Date
City of San Luis Obispo
Specification No. 9xxxx
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REFERENCES
Number of years engaged in providing the services included within the scope of the specifications under
the present business name: .
Describe fully the last three contracts performed by your firm that demonstrate your ability to provide
the services included with the scope of the specifications. Attach additional pages if required. The City
reserves the right to contact each of the references listed for additional information regarding your firm's
qualifications.
Reference No. 1:
Agency Name
Contact Name
Telephone & Email
Street Address
City, State, Zip Code
Description of services provided
including contract amount, when
provided and project outcome
Reference No. 2:
Agency Name
Contact Name
Telephone & Email
Street Address
City, State, Zip Code
Description of services provided
including contract amount, when
provided and project outcome
City of San Luis Obispo
Specification No. 9xxxx
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Reference No. 3
Agency Name
Contact Name
Telephone & Email
Street Address
City, State, Zip Code
Description of services provided
including contract amount, when
provided and project outcome
City of San Luis Obispo
Specification No. 9xxxx
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STATEMENT OF PAST CONTRACT DISQUALIFICATIONS
The proposer shall state whether it or any of its officers or employees who have a proprietary interest in
it, has ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal,
state, or local government project because of the violation of law, a safety regulation, or for any other
reason, including but not limited to financial difficulties, project delays, or disputes regarding work or
product quality, and if so to explain the circumstances.
◼ Do you have any disqualification as described in the above paragraph to declare?
Yes q No
◼ If yes, explain the circumstances.
Executed on at _______________________________________ under penalty of
perjury of the laws of the State of California, that the foregoing is true and correct.
______________________________________
Signature of Authorized Proposer Representative