HomeMy WebLinkAboutItem 6g. California Blvd. and Foothill Blvd. Railroad Crossing Grant Funding Agreement and RFP for Design Services Item 6g
Department: Public Works
Cost Center: 5010
For Agenda of: 7/20/2021
Placement: Consent
Estimated Time: N/A
FROM: Matt Horn, Public Works Director
Prepared By: Luke Schwartz, Transportation Manager
SUBJECT: CALIFORNIA BOULEVARD AND FOOTHILL BOULEVARD RAILROAD
CROSSING GRANT FUNDING AGREEMENT AND REQUEST FOR
PROPOSALS FOR DESIGN SERVICES
RECOMMENDATION
1. Adopt a Resolution entitled, “A Resolution of the City Council of the City of San Luis
Obispo, California, authorizing the City Manager to execute Service Contract No.
50LP291 with the California Department of Transportation for the provision of Highway
Railroad Grade Crossing Safety Program (Section 130) Grant Funds for the California
& Foothill Railroad Crossing Upgrades Project;” and
2. Authorize the City Manager to execute subsequent amendments to the Caltrans
Service Contract as needed to facilitate completion of the California & Foothill Railroad
Crossing Upgrades Project; and
3. Authorize the Finance Director to augment the budget, by accepting and appropriating
Section 130 Program Grant Funds to the California & Foothill Railroad Crossing
Upgrades Project account (Spec. No. 91293) pursuant to the Caltrans Service
Contract and any subsequent amendments to this contract; and
4. Authorize the issuance of a Request for Proposals (RFP) for Consultant Design
Services for the California & Foothill Railroad Crossing Upgrades Project
(Specification No. 91293); and
5. Authorize the City Manager to award the Consultant Design Services contract if
proposals are within the authorized reimbursable project budget for preliminary
engineering pursuant to the Caltrans Service Contract.
DISCUSSION
Background
Following completion of the Railroad Safety Trail project connecting the Cal Poly campus
south to Taft Street along California Boulevard roughly 10 years ago, the California Public
Utilities Commission (CPUC) notified the City of San Luis Obispo that further upgrades
would be required to the at-grade Union Pacific Railroad crossing adjacent to the Foothill
Boulevard/California Boulevard intersection. Specifically, the CPUC requested that the
City upgrade the antiquated railroad gate arm systems to new compliant gating and
warning systems for vehicles, as well as bicycles and pedestrians. As part of the City’s
2015-17 Capital Improvement Plan (CIP) work program, the City allocated funding to
begin preliminary engineering for an upgraded crossing system.
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Item 6g
Following the tragic death of a 22-year-old Cal Poly student in early 2016, who was killed
after being struck by a train at this rail crossing, the CPUC notified the City that the
proposed crossing improvements may be eligible for grant funding through the Federal
Railroad-Highway Grade Crossing (Section 130) Program, which provides grant funding
for qualifying railroad crossing safety improvements. In 2019, the CPUC provided formal
confirmation to the City that the Foothill & California Railroad Crossing Improvements
Project was selected for participation in the Section 130 Program, providing reimbursable
grant funds for all remaining phases of the project, from design through construction.
In the State of California, the federal Section 130 Program is administered by the
California Department of Transportation (Caltrans). Over the past year, City staff has
been coordinating with Caltrans to confirm project details and scope of work and Caltrans
recently provided a draft Service Contract, which dictates the terms of grant
administration and reimbursements. Attachment A includes a City Council Resolution
authorizing the City to enter into this agreement with Caltrans for administration and
reimbursement of federal Section 130 grant funds. Attachment B (Exhibit 1 to Attachment
A) includes the Caltrans Service Contract, which authorizes an initial allocation of
$400,000 to fund the preliminary engineering phase of the project, with subsequent
contract amendments to be administered for the construction phase.
Public Works staff initiated preliminary engineering for this project as part of the 2015 -17
Capital Improvement Program, contracting with a qualified Civil Engineering Firm, TRC,
through the City’s Civil Engineering On-Call Contract. However, the initial design work
was put on hold following notice that all design and construction costs would be eligible
for federal grant reimbursement. Subsequently, the on-call contract with TRC has since
expired and pursuant to federal funding guidelines, staff will need to procure a new
engineering design consultant via a competitive Request for Proposals (RFP) process.
Thus, staff is requesting authorization to advertise an RFP (Attachment C) for consultant
design services in order to continue with engineering design for this project.
Previous Council or Advisory Body Action
The City Council previously authorized funding for preliminary engineering for this
project as part of the 2015-17 Financial Plan.
Policy Context
The City’s General Plan Circulation Element includes specific polic ies supporting
initiatives that improve transportation safety, as well as coordination with outside agencies
and entities to address railroad infrastructure maintenance and public safety needs.
5.1.5. Pedestrian Crossings
To improve pedestrian crossing safety at heavily used intersections, the City shall institute
the following:
A. Install crossing controls where warranted by the California Manual on Uniform
Traffic Control Devices (MUTCD) that provide adequate time for pedestrians to
cross the street.
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Item 6g
12.2.3. Interagency Cooperation
The City shall coordinate railroad facility infrastructure maintenance with the Union Pacific
Railroad and the Public Utilities Commission. In addition, the City shall work with the Air
Pollution Control District and others to discourage idling train engines in San Luis Obispo.
12.2.4. Railroad Hazards Reduction.
The City shall monitor and respond to changes, or proposed changes in passenger and
freight rail traffic that may impact the safety and well‐being of residents of the community
including the transport of combustible materials.
The recommended actions are consistent with the City of San Luis Obispo’s Financial
Management Manual, Section 740 – Grant Management Policy. The policy states that the
Council will approve grant applications in excess of $5,000 and delegates receipt and
contract execution to the City Manager. Because the federal Section 130 grant funding
opportunity was not obtained via a competitive application process, staff is requesting
approval from Council at this time to authorize execution of the Service Contract with
Caltrans and approve receipt of grant reimbursement funds for this capital improvement
project.
Public Engagement
This item is on the Council Agenda for the July 20, 2021 meeting and will follow all
required postings and notifications. The public may have an opportunity to comment on
this item at or before the meeting.
CONCURRENCE
The Directors of the Public Works and Finance Departments, as well as the City
Attorney’s Office have reviewed this staff report and concur with the staff
recommendations.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) does not apply to the recommended
action in this report because the action does not constitute a “Project” under CEQA
Guidelines Section 15378. As part of the preliminary engineering phase of this project
and prior to the construction phase, the necessary environmental review for the proposed
physical improvements will be conducted pursuant to CEQA and the federal National
Environmental Policy Act (NEPA) requirements.
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Item 6g
FISCAL IMPACT
Budgeted: No Budget Year: 2021-22
Funding Identified: Yes
Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund $287,325 $0 $287,325 $
State
Federal
(Section 130
Grant)
$400,000 $400,000 $400,000
Fees
Other:
Total $687,325 $400,000 $687,325 $
There are currently $287,325 in General Fund Capital Outlay funds remaining in the
project account (Spec. No. 91293), which were originally appropriated during the 2015-
17 Financial Plan. While the federal grant will fully fund future costs associated with
preliminary engineering and construction of the railroad crossing improvements, Caltrans
is not yet certain that the grant funds can be used to reimburse the City for costs
associated with acquiring the right-of-way needed from Union Pacific Railroad to
construct these improvements. While the City has not yet entered formal negotiations with
Union Pacific Railroad, and will request Council authorization prior to doing so, initial
conversations indicate that there will be a fee associated with this right-of-way acquisition.
Staff recommends holding the current General Fund dollars in the project account to fund
future right-of-way acquisition in the case that the federal grant funds cannot be used for
this purpose.
With execution of the Caltrans Service Contract for reimbursement of Section 130 grant
funds, staff is requesting the appropriation of $400,000 in grant funds for preliminary
engineering. These funds would be used to fund consultant services for engineering
design and required permitting and environmental review for the railroad crossing
improvements project. There are no ongoing costs associated with these expenditures.
The current Caltrans Service Agreement authorizes allocation of grant funds for the
preliminary engineering phase only. Requests to appropriate additional grant funds for
the construction phase of the project will be processed in conjunction subsequent
amendments to the Caltrans Service Agreement. Construction costs are currently
estimated at approximately $800,000.
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Item 6g
ALTERNATIVES
Deny approval of Caltrans Service Contract and Design Services RFP. The Council
could choose to deny or defer approval of the Service Contract with Caltrans and RFP for
Consultant Design Services. Staff does not recommend this option, as this could risk loss
of roughly $1.2 million in federal grant funds and delay implementation of the railroad
crossing improvements project.
ATTACHMENTS
A – Draft Resolution to apply for Highway Railroad Grade Crossing Safety Program Grant
Funds
B – Exhibit 1 to Draft Resolution (Caltrans Service Contract)
C – California & Foothill Railroad Crossing Upgrades Design Services RFP
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R ______
RESOLUTION NO. _____ (2021 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO
EXECUTE SERVICE CONTRACT NO. 50LP291 WITH THE CALIFORNIA
DEPARTMENT OF TRANSPORTATION FOR THE PROVISION OF
HIGHWAY RAILROAD GRADE CROSSING SAFETY PROGRAM
(SECTION 130) GRANT FUNDS FOR THE CALIFORNIA & FOOTHILL
RAILROAD CROSSING UPGRADES PROJECT
WHEREAS, on December 9, 2014, the City Council of the City of San Luis Obispo
(the “City Council”) adopted the San Luis Obispo General Plan Circulation Element, which
establishes the goals, policies and implementing actions for the transportation of people
and materials within the City of San Luis Obispo; and
WHEREAS, the General Plan Circulation Element calls for the City to improve
pedestrian crossing safety at heavily used intersections by installing crossing controls
where warranted by the California Manual on Uniform Traffic Control Devices (“MUTCD”);
and
WHEREAS, the General Plan Circulation Element calls for the City to coordinate
railroad facility infrastructure maintenance and improvements with the Union Pacific
Railroad and the Public Utilities Commission; and
WHEREAS, the California Public Utilities Commission (“PUC”) prepared a
diagnostic evaluation of existing conditions at the California Boulevard and Foothill
Boulevard At-Grade Rail Crossing, including assessment of vehicular, bicycle, pedestrian
and rail traffic, and determined that improvements were warranted to enhance crossing
safety for all users; and
WHEREAS, the PUC determined that potential crossing safety improvements
proposed for the California Boulevard and Foothill Boulevard At -Grade Rail Crossing
were 100% eligible for grant funding under the Section 130 Railway -Highways Crossing
Program (the “Section 130 Program”); and
WHEREAS, the PUC prepared a list of recommended safety improvements for the
California Department of Transportation’s (“Caltrans”) Division of Rail and Mass
Transportation that will allow the Union Pacific Railroad and the City, under separate
agreements with Caltrans, to receive reimbursement for expenditures related to
improvements at the California Boulevard and Foothill Boulevard At-Grade Crossing, to
be funded by the Section 130 Program; and
WHEREAS, Caltrans has prepared Service Contract No. 50LP291 to be executed
by the City, which will enable the City to be reimbursed in Section 130 Program funds for
the improvements proposed as part of the California and Foothill Railroad Crossing
Upgrades Project; and
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Resolution No. _____ (2021 Series) Page 2
R ______
WHEREAS, the by the Council Agenda Report accompanying this resolution, the
City Council has been provided with additional information upon which the findings and
actions set forth in this Resolution are based.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. The Council hereby authorizes the City Manager to execute Service
Contract No. 50LP291 with the California Department of Transportation for the provision
of Section 130 Program funds (Exhibit 1).
SECTION 2. The Council hereby authorizes the City Manager to execute and
make amendments to the Caltrans Service Contract as needed to facilitate completion of
the California & Foothill Railroad Crossing Upgrades Project.
SECTION 3. The Council hereby authorizes the Finance Director to augment the
budget, by accepting and appropriating Section 130 Program Grant funds to the California
& Foothill Railroad Crossing Upgrades Project account (Spec. No. 91293) pursuant to the
Caltrans Service Contract and any subsequent amendments to this contract.
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Resolution No. _____ (2021 Series) Page 3
R ______
SECTION 4. Environmental Review. No environmental review is required for
execution of a Service Contract with Caltrans, as the proposed actions are not a “project”
under CEQA Guidelines Section 15378.
Upon motion of Council Member ___________, seconded by Council Member
___________, and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of _______________ 202 1.
___________________________
Mayor Heidi Harmon
ATTEST:
_________________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
__________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of San Luis Obispo, California, on ______________________.
___________________________
Teresa Purrington
City Clerk
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STATE OF CALIFORNIA Agency: San Luis Obispo
DEPARTMENT OF TRANSPORTATION Project: Foothill Blvd
Sheet 1 of 24
December 11, 2020
The City of San Luis Obispo (hereinafter referred to as Local Agency), hereby agrees to do the work set forth herein for the State
of California, Department of Transportation (hereinafter referred to as Caltrans) in accordance with all applicable laws including
but not limited to, California Streets and Highways Code section 114(b) and California Government Code 14038 and regulations
and the provisions of this form including the attached sheets and Exhibits A-E. This Agreement shall be effective the date defined
herein or when executed by all parties, whichever is later and is subject to all the terms and conditions thereof. This agree ment
authorizes reimbursement of eligible costs incurred during the term of this agreement.
The work is located in the City of San Luis Obispo at the grade crossing located at the intersection of Foothill Boulevard and the
Union Pacific Railroad (hereinafter referred to as Railroad) tracks, identified as; California Public Utilities Commission (CPUC)
No. 001E-247.15 / SLO-1022, Federal DOT No. 745352P . All work to be completed by Local Agency under the terms of this
Contract is described in Exhibits A & B (hereinafter referred to as Project).
Under this agreement, funding is authorized for work in phases, beginning with the Preliminary Engineering (PE) phase. Additional
funding to complete this contract will only be provided through the execution of amendments for the subsequent phase(s) of work
needed; Right of Way (RW), Utility Relocation (R/W-UTIL), and Construction (CON).
Estimated Total Project Cost (Local Agency): $796,250.00
TOTAL AMOUNT OF CONTRACT
(Preliminary Engineering)
$400,000.00
It is expressly agreed that all persons engaged on this work are employees of the Local Agency and/or contractors hired by the
Local Agency pursuant to its own policies and procedures and that none are employees of Caltrans.
Further, Caltrans hereby agrees to the terms as above set forth, and hereby agrees to pay the actual allowable costs incurred up
to the limit set forth herein; provided, that by mutual consent of the Local Agency and Caltrans, this contract may be modified or
terminated at any time, noting that a contract amendment is necessary prior to undertaking any construction activities.
IN WITNESS WHEREOF, the parties have duly executed this contract as of the dates shown below with the effective date shown
above.
CALIFORNIA DEPARTMENT OF TRANSPORTATION CITY OF SAN LUIS OBISPO
Signature _ Signature
Name Bruce Roberts Name
Title Caltrans Section 130 Program Manager Title
Date Date
Unit Project ID Phase Subjob Object Amount FFY Encumbrance
Doc No
3328 0521000061 S 049 $400,000.00 2020/2021 50LP291
Item Chapter Statutes Fiscal Year CONTRACT – FOOTHILL BLVD 2660-102-0890 6 2020 2020/2021
The funds as listed above are available for the period and purpose of the
expenditure stated herein. PROJECT NUMBER (FED ID) STPLR-7500(291)
CALTRANS ACCOUNTING ID: 0521000061
SERVICE CONTRACT: 50LP291
Caltrans Division of Local Assistance
Office of Federal Programs – Section
P.O. Box 942874, MS 1
Sacramento, CA 94274-0001
The numbers above shall be included with all invoices submitted to Caltrans
Highway Railroad Grade Crossing Safety Program
(Section 130)
LOCAL AGENCY:
ADDRESS:
Phone:
City of San Luis Obispo
Public Works
919 Palm Street
San Luis Obispo, CA 93401
Effective Date of Contract: December 11, 2020
Or upon signature, whichever is later.
Expiration Date of Contract: December 31, 2024
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STATE OF CALIFORNIA Agency: San Luis Obispo
DEPARTMENT OF TRANSPORTATION Project: Foothill Blvd
Sheet 1 of 24
December 11, 2020
1. It is mutually understood between the parties that this contract may have been written before
ascertaining the availability of congressional or legislative appropriation of funds, for the mutual
benefit of both parties, in order to avoid program and fiscal delays that might occur if the contract
were executed after appropriations are actually made.
2. This contract is valid and enforceable only if sufficient funds are made available to Caltrans by
the United States Government or the California State Legislature for the purpose of this program. In
addition, this contract is subject to any additional restrictions, limitations, conditions or any statute
enacted by the Congress or the State Legislature that may affect the provisions, terms or funding of
this contract in any manner. It is mutually agreed that if the Congress or the State Legislature does
not appropriate sufficient funds for the program, this contract shall be amended to reflect any
reduction of funds.
3. This service contract is for the elimination of hazards at Railroad-Highway intersections
(crossings) with funds provided to Caltrans under Section 130, Title 23 USC. Said elimination of
hazards is a cooperative effort between Caltrans, Local Agency, CPUC and Railroad. The CPUC
has evaluated the railroad highway intersection and determined what improvements are necessary;
Caltrans acts as a conduit for the federal funds to the Local Agency and the Railroad. The Local
Agency and Railroad are responsible for building and maintaining the improvements as approved by
the CPUC.
4. The work to be performed by the Local Agency is attached hereto as a part of Exhibit A and made
a part hereof (hereinafter referred to as Scope of Work). The Scope of work is based on; an analysis
of existing conditions, accident history, field diagnostic review to define initial mutually agreed upon
recommendations of improvements best suited for railroad-highways grade crossing hazards
eliminations for the specific location and is subject to revisions based on the completion of design,
traffic engineering, signal pre-emption, or changed conditions, but only if approved by Caltrans and
CPUC..
5. The planned work items and an estimate of total project cost is attached hereto as Exhibit B and
made a part hereof.
6. The existing conditions of the Project are documented in photographs and attached hereto as
Exhibit C.
7. The total allowable costs reimbursable by Caltrans under this phase of the Service Contract, shall
not exceed $400,000.00, for Preliminary Engineering (PE).
8. Each phase of work; Preliminary Engineering (PE), Right of Way (R/W), Utility Relocation (R/W-
UTIL), and Construction (CON), will require an additional federal authorization through the issuance
of an updated E-76 with a new funding sequence for the phase of work. Any unexpended prior
obligations from the completed phase(s), will be used in conjunction with the required additional
federal funds for the next phase of work. Authorization of federal funds will be performed by
Caltrans, aligned with the project schedule and provided the state has sufficient Obligation Authority
(OA) and available federal funds to undertake this action.
Page 920 of 1183
STATE OF CALIFORNIA Agency: San Luis Obispo
DEPARTMENT OF TRANSPORTATION Project: Foothill Blvd
Sheet 1 of 24
December 11, 2020
9. The reimbursement of federal funds is limited to the amounts approved on E-76 for either the
Local Agency or Railroad. All Project costs must also comply with the E-76, attached hereto as
Exhibit D. Only work performed after the date of federal authorization is eligible for federal
reimbursement, the Local Agency reimbursement rate is equal to; 100% of eligible costs.
10. When federal funds are not available for obligation, a local agency may request in writing
authorization to proceed with the project (or project phase) under the Local Assistance advance
construction procedures. Under local advance construction procedures, the local agency will use its
own funds to perform work eligible for future federal reimbursement. The local agency must have
sufficient local funds to pay for all project costs until such time as federal funds become available.
11. Local Agency will not proceed with any work on the Project, nor will Local Agency purchase
any materials, until authorized through the execution of this contract and Caltrans’ issuance of a
Notice to Proceed (hereinafter referred to as NTP). Authorization and issuance of the NTP shall not
be issued by Caltrans until sufficient State or Federal funds have been obligated for the projects.
State liability pursuant to this contract is limited to the amount set forth in this contract
12. The Local Agency agrees to perform the Project work and to provide and furnish all necessary
labor, materials, tools, and equipment required therefore, and to prosecute Project diligently to
completion. Caltrans and Local Agency agree that the Project work as provided herein is pursuant
to Federal rules and regulations and should adhere to all guidance and requirements for local federal-
aid projects from the Caltrans Local Assistance Procedures Manual (LAPM). Local Agency
agrees to perform its work in accordance with Federal Highway Administration (FHWA) FHWA-
1273, a true and correct copy of which is attached hereto as Exhibit E as may be amended or updated,
as if those provisions were set forth fully herein. Caltrans is acting as a conduit for disbursement of
Federal Surface Transportation Program funds for hazard elimination at railroad intersections on city
streets, county roads and State Highways.
13. The Local Agency shall comply with the Buy America provisions set forth in 23 CFR 635.410
for the Project, for steel, iron and manufactured goods produced in the United States, subject to the
conditions therein set forth.
14. Any person, company or corporation who performs construction work authorized under terms of
this contract must have a valid and current California contractor’s license. All authorized work
performed by employees of Local Agency and any CPUC regulated public utility, City, County or
Public Service District is not subject to the above contractor’s license requirement.
15. Local Agency must coordinate Project work with the Railroad that owns or operates the tracks
where the intersection is located.
16. Local Agency will secure all legally required and necessary permits and approvals before
commencing Project construction.
17. Where Project work is in conjunction with work done by Railroad, Railroad will construct
railroad track and signal work to its own standard specifications, Local Agency will not perform any
work on the Railroad tracks or within railroad right of way without securing written permission from
the railroad. Project work done within twenty-five feet of the centerline of the Railroad track may
Page 921 of 1183
STATE OF CALIFORNIA Agency: San Luis Obispo
DEPARTMENT OF TRANSPORTATION Project: Foothill Blvd
Sheet 1 of 24
December 11, 2020
require a Railroad employee to protect the workers of Local Agency or its contractors. This
provision is pursuant to federal law regulation and must be clearly agreed to in writing between Local
Agency and Railroad before commencement of Project work at the railroad-highway intersection.
A copy of this agreement between Railroad and Local Agency shall be provided to Caltrans by
Local Agency as soon as it is executed.
18. Caltrans will reimburse the Local Agency on the basis of actual cost, not to exceed the Project
costs set forth herein. Any cost of the work determined by Caltrans to be not reimbursable, shall be
borne and paid for solely and exclusively by Local Agency. Indirect overhead charges will not be
allowed unless Local Agency has an Indirect Cost Rate Proposal approved by Caltrans’ Audits and
Investigations.
19. Any warning devices, medians, signs, pavement markings, structures or other improvements,
which may be installed in conjunction with Project must be agreed upon between Railroad and the
California Public Utilities Commission and the Local Agency must receive approval of a CPUC
General Order 88-B, prior to commencing any construction activities and is responsible as the lead
applicant from initiation through close-out.
20. Guidance, regulatory, warning and temporary traffic control signs, curb and pavement, or other
markings and traffic signals installed or placed on any project constructed with federal funds shall
conform to the Manual of Uniform Traffic Control Devices (MUTCD) and its California Supplement
(CAMUTCD). Deviations from the Mandatory Standards for signs, markings, and traffic signals as
defined and shown in the MUTCD and CAMUTCD are not permitted.
21. Local Agency invoice procedures shall conform to the California Prompt Payment Act (Gov.
Code § 927 et seq.,). Correspondence and/or invoices are to be mailed to:
Caltrans Division of Local Assistance
Office of Federal Programs Section 130, MS-1
P.O. Box 942874
Sacramento, CA 94274
Physical Address:
California Department of Transportation
Division of Local Assistance,
1200 N Street, Room 2400
Sacramento, California 95814.
22. Not more frequently than once a month, but at least quarterly, Local Agency will prepare and
submit to Caltrans invoices for actual allowable costs incurred. Caltrans will review the invoice for
compliance with this contract. Payment will be made by Caltrans to Local Agency within forty-five
(45) days of the date of receipt of an invoice by Caltrans, unless disputed. Invoices which are
determined not in compliance, or include unallowable costs, will be returned to Local Agency for
correction of deficiencies, after which Local Agency will resubmit the invoice to Caltrans as
prescribed above.
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STATE OF CALIFORNIA Agency: San Luis Obispo
DEPARTMENT OF TRANSPORTATION Project: Foothill Blvd
Sheet 1 of 24
December 11, 2020
23. The Local Agency shall prepare and submit to Caltrans, not less than quarterly, a project status
report that includes, at a minimum; a comprehensive summary of the overall project status,
accomplishments to date, activities under way, risks, issues, planned activities and schedule updates.
24. The Local Agency, upon completion of the Project work, will provide to Caltrans a written
declaration/notification that the Project has been final billed and ready to be closed. This declaration
shall be based upon actual allowable Project cost, Project Scope and Project cost limits set forth
herein. Upon receipt of this declaration, Caltrans will pay all outstanding allowable invoiced Project
costs. If upon final accounting, it is determined that Caltrans previously paid more than its share of
said project, Local Agency shall refund the difference between Caltrans’ share and the amount paid
by Caltrans. All records of the Local Agency, its contractors and subcontractors are subject to audit
by representatives of the State of California and Federal Highway Administration. Such records will
be retained and made immediately available for inspection by Caltrans’ Auditors for a period of three
years from Caltrans’ date of final payment of aforementioned final invoice. Further, Local Agency
agrees to include a similar right of the State to audit records and interview staff in any subcontract
related to performance of this Contract. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq.,
CCR Title 2, Section 1896).
25 Local Agency agrees to pay prevailing wages for the work performed, pursuant to the California
Labor Code §1720, or any other applicable law.
26. All work to be done hereunder by Local Agency shall be done only by its employees on a force
account basis, or by contractors, the cost thereof to be paid to Local Agency by Caltrans in the
manner hereinafter set forth.
27. The Local Agency agrees that the 2 CFR Part 200, Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards shall be used to determine the allowable
individual items of indirect cost. Local Agency agrees to comply with the applicable Federal
procedures in accordance with Office of Management and Budget Circular 2 CFR 200.
28. All applicable portions of 23 CFR Part 140, Subpart I are by reference incorporated herein and
made a part hereof.
29. Caltrans agrees to reimburse Local Agency for qualified insurance expenses as authorized by
23 CFR 646 et seq., and as set forth in the cost estimates or approved through amendment.
30. The Local Agency has 180 days after the expiration date of this contract to submit the final
invoice to Caltrans for verification and payment. No compensation or reimbursement is payable for
any cost or expense that is submitted on an invoice following 180 days after the expiration date of the
contract.
31. In accordance with the California Public Utilities Commission General Orders, and in
cooperation with the Railroad, the Local Agency shall maintain the Project improvements located
in its right of way.
32. Subject to the availability of labor and material and securing the required and necessary permits
and approvals of phase authorizations, it is the intent of the parties hereto that all construction work
Page 923 of 1183
STATE OF CALIFORNIA Agency: San Luis Obispo
DEPARTMENT OF TRANSPORTATION Project: Foothill Blvd
Sheet 1 of 24
December 11, 2020
under this service contract shall be completed within the effective date of this contract, unless a time
extension is requested by Local Agency and approved in writing by Caltrans. The expiration date
of this contract is shown on the face sheet. Costs incurred after the expiration date of contract are
unallowable and shall not be billed by the Local Agency to Caltrans.
33. AMENDMENT: No amendment or variation of the terms of this Contract shall be valid unless
made in writing, signed by the parties and approved as required. No oral understanding or Agreement
not incorporated in this Contract is binding on any of the parties.
34. ASSIGNMENT: This Contract is not assignable, in whole or in part, without the consent of
Caltrans in the form of a formal written amendment.
35. AUDIT: Local Agency agrees that Caltrans or its designated representative shall have the right
to review and to copy any records and supporting documentation pertaining to the performance of
this Contract. Local Agency agrees to maintain such records for possible audit for a minimum of
three (3) years after final payment, unless a longer period of records retention is stipulated. Local
Agency agrees to allow the auditor(s) access to such records during normal business hours and to
allow interviews of any employees who might reasonably have information related to such records.
36. INDEMNIFICATION: Local Agency agrees to indemnify, defend and save harmless the State, its
officers, agents and employees from any and all claims and losses accruing or resulting to any and all
contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing
or supplying work services, materials, or supplies in connection with the performance of this Contract,
and from any and all claims and losses accruing or resulting to any person, firm or corporation who
may be killed, injured or damaged except to the extent that such death injury or damage results from
the sole or active negligence of Caltrans.
37. DISPUTES: Local Agency shall continue to perform under this Contract during any dispute.
38. TERMINATION FOR CAUSE: Caltrans may terminate this Contract and be relieved of any
payments should the Local Agency fail to perform the requirements of this Contract at the time and
in the manner herein provided. In the event of such termination Caltrans may proceed with the work
in any manner deemed proper by Caltrans. All costs to Caltrans shall be deducted from any sum
due the Local Agency under this Contract and the balance, if any, shall be paid to the Local Agency
upon demand.
39. INDEPENDENT CONTRACTOR: Local Agency, and the agents and employees of Local Agency,
in the performance of this Contract, shall act in an independent capacity and not as officers or
employees or agents of Caltrans or State.
40. NON-DISCRIMINATION CLAUSE: During the performance of this Contract, Local Agency and
its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee
or applicant for employment because of sex, race, color, ancestry, religious creed, national origin,
physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age
(over 40), marital status, and denial of family care leave. Contractor and subcontractors shall ensure
that the evaluation and treatment of their employees and applicants for employment are free from
such discrimination and harassment. Contractor and subcontractors shall comply with the provisions
Page 924 of 1183
STATE OF CALIFORNIA Agency: San Luis Obispo
DEPARTMENT OF TRANSPORTATION Project: Foothill Blvd
Sheet 1 of 24
December 11, 2020
of the Fair Employment and Housing Act (Gov. Code §12990 (a-f) et seq.) and the applicable
regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.).
The applicable regulations of the Fair Employment and Housing Commission implementing
Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California
Code of Regulations, are incorporated into this Contract by reference and made a part hereof as if set
forth in full. Contractor and its subcontractors shall give written notice of their obligations under this
clause to labor organizations with which they have a collective bargaining or other Agreement. Local
Agency shall include the nondiscrimination and compliance provisions of this clause in all
subcontracts to perform work under the Contract.
41. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the
laws of the State of California.
42. FORUM SELECTION CLAUSE: Sacramento County shall be used as the primary venue for any
action arising from this contract, or an alternative location of competent jurisdiction within the State of
California may be used, only if mutually agreed upon in writing.
43. ORDER OF PRECEDENCE; This Contract; Exhibit A, Scope of Work; Exhibit B, Cost Estimate;
Exhibit C, Existing Conditions; Exhibit D, E-76, Exhibit E, FHWA-1273; are incorporated by
reference and constitute the entire agreement between Caltrans and Local Agency. The documents
listed in this paragraph shall be hereinafter referred to as the “Contract”. In the event of a conflict
between the contract documents, the controlling document shall be this Contract, then Exhibit D,
Exhibit E, Exhibit A, Exhibit B, Exhibit C. In the event and to the extent any provisions contained
in multiple documents address the same or substantially the same subject matter but do not actually
conflict, the more recent provisions shall be deemed to have superseded provisions over any
conflicting provisions defined in the body of the contract or its exhibits.
44. ANTITRUST CLAIMS: The Local Agency by signing this Contract hereby certifies that if these
services or goods are obtained by means of a competitive bid, the Local Agency shall comply with
the requirements of the Government Code Sections set out below:
a. The Government Code Chapter on Antitrust claims contains the following definitions:
1. "Public purchase" means a purchase by means of competitive bids of goods, services, or
materials by the State or any of its political subdivisions or public agencies on whose
behalf the Attorney General may bring an action pursuant to subdivision (c) of Section
16750 of the Business and Professions Code.
2. "Public purchasing body" means the State or the subdivision or agency making a public
purchase. Government Code Section 4550.
b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is
accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes
of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the
Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the
Business and Professions Code), arising from purchases of goods, materials, or services by
the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made
and become effective at the time the purchasing body tenders final payment to the bidder.
Government Code Section 4552.
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DEPARTMENT OF TRANSPORTATION Project: Foothill Blvd
Sheet 1 of 24
December 11, 2020
c. If an awarding body or public purchasing body receives, either through judgment or
settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor
shall be entitled to receive reimbursement for actual legal costs incurred and may, upon
demand, recover from the public body any portion of the recovery, including treble damages,
attributable to overcharges that were paid by the assignor but were not paid by the public body
as part of the bid price, less the expenses incurred in obtaining that portion of the recovery.
Government Code Section 4553.
d. Upon demand in writing by the assignor, the assignee shall, within one year from such
demand, reassign the cause of action assigned under this part if the assignor has been or may
have been injured by the violation of law for which the cause of action arose and (a) the
assignee has not been injured thereby, or (b) the assignee declines to file a court action for the
cause of action. See Government Code Section 4554.
45. CHILD SUPPORT COMPLIANCE ACT: “For any Contract in excess of $100,000, the Local Agency
acknowledges in accordance with Public Contract Code 7110, that:
a. The Local Agency recognizes the importance of child and family support obligations and
shall fully comply with all applicable state and federal laws relating to child and family
support enforcement, including, but not limited to, disclosure of information and compliance
with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200)
of Part 5 of Division 9 of the Family Code; and
b. The Local Agency, to the best of its knowledge is fully complying with the earnings
assignment orders of all employees and is providing the names of all new employees to the
New Hire Registry maintained by the California Employment Development Department.”
46. UNENFORCEABLE PROVISION: In the event that any provision of this Contract is unenforceable
or held to be unenforceable, then the parties agree that all other provisions of this Contract have force
and effect and shall not be affected thereby.
47. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of $200,000,
the Contractor shall give priority consideration in filling vacancies in positions funded by the Contract
to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with
Public Contract Code Section 10353.
Expiration of this Contract does not release any party hereto from any ongoing performance
requirements agreed to herein.
Page 926 of 1183
STATE OF CALIFORNIA Agency: San Luis Obispo
DEPARTMENT OF TRANSPORTATION Project: Foothill Blvd
Sheet 1 of 24
December 11, 2020
Exhibit A
Fed Xing ID: 745352P
CPUC ID: 001E-247.15 / SLO-1022
Scope of Work
Crossing Current Conditions:
The crossing is very heavily used with a high ADT and high pedestrian use due to the close proximity
to the Cal Poly San Luis Obispo campus. The campus is located east of the tracks and residential
apartments and restaurants west of the tracks. There is a single UP Coast subdivision mainline track
at the crossing. The crossing has 5 travel lanes (2 westbound and 3 eastbound), 2 bicycle lanes, and
2 sidewalks through the crossing. The sidewalks in the northwest and southwest quadrants are in poor
condition. The sidewalks in the northeast and southeast quadrants were recently refurbished as part
of the new bicycle path along California Blvd. The crossing has 2 Commission Standard 9 (flashing
light signal assembly with automatic gates) warning devices. The Foot hill and California Blvd
intersection is signalized with railroad preemption. The intersection has a separate bicycle phase with
bicycle signals.
Local Agency Scope of Work:
Reconstruct and install sidewalk:
o Approximately 40 feet in the northeast quadrant
o Approximately 40 feet in the northwest quadrant
o Approximately 40 feet in the southeast quadrant
o Approximately 50 feet in the southwest quadrant
Install pedestrian channelization in all quadrants.
Install detectable warning (tactile strips) on all sidewalk approaches.
Relocate the bicycle curb ramp in the southeast quadrant to the southwest quadrant.
Underground the existing overhead utilities in the southeast and southwest quadrants.
Refurbish the asphalt transition approximately ten feet on each approach following the crossing
panel replacement.
Refresh or replace all pavement markings and signage:
o From the track to the east to the intersection of California and Foothill.
o From the track to the west to the railroad RXR advanced pavement markings.
Install four exit swing gates one in each quadrant adjacent to the pedestrian gate in that quadrant.
Modify traffic signal to utilize preemption time.
All modifications shall be in accordance with the CAMUTCD, and CPUC General Orders.
Page 927 of 1183
STATE OF CALIFORNIA Agency: San Luis Obispo
DEPARTMENT OF TRANSPORTATION Project: Foothill Blvd
Sheet 1 of 24
December 11, 2020
Exhibit B
Fed Xing ID: 745352P
CPUC ID: 001E-247.15 / SLO-1022
Cost Estimate
Work Item Quantity Unit Unit Cost Total
Detectable Warning Tiles 4 EA 7500 30000
Asphalt Concrete Overlay 100 TON 125 12500
Class2 Aggregate Base / Fill 500 TON 100 50000
Exit Swing Gates 4 EA 25000 100000
Sidewalk 1500 SF 100 150000
Curb & Gutter 170 LF 125 21250
Traffic Signal Modification 1 LS 50000 50000
Utilities Underground 1 LS 50000 50000
Striping & Signage 1 LS 25000 25000
Permit and Flagging Fees 1 LS 30000 30000
Mobilization 1 LS 20000 20000
Traffic Control 1 LS 30000 30000
Subtotal 568,750
Engineering
15%
85,313
Contingency 15% 85,313
Construction Administration & Inspection 10% 56,875
City Estimate $796,250
Page 928 of 1183
STATE OF CALIFORNIA Agency: San Luis Obispo
DEPARTMENT OF TRANSPORTATION Project: Foothill Blvd
Sheet 1 of 24
December 11, 2020
Exhibit C
Fed Xing ID: 745352P
CPUC ID: 001E-247.15 / SLO-1022
Existing Conditions
West Approach
East Approach
Page 929 of 1183
STATE OF CALIFORNIA Agency: San Luis Obispo
DEPARTMENT OF TRANSPORTATION Project: Foothill Blvd
Sheet 1 of 24
December 11, 2020
South Sidewalk
North Sidewalk
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STATE OF CALIFORNIA Agency: San Luis Obispo
DEPARTMENT OF TRANSPORTATION Project: Foothill Blvd
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December 11, 2020
Exhibit D
Fed Xing ID: 745352P
CPUC ID: 001E-247.15 / SLO-1022
E-76
Note: Local Agency funding is a portion of the total obligation
Page 931 of 1183
STATE OF CALIFORNIA Agency: San Luis Obispo
DEPARTMENT OF TRANSPORTATION Project: Foothill Blvd
Sheet 1 of 24
December 11, 2020
Exhibit E
Fed Xing ID: 745352P
CPUC ID: 001E-247.15 / SLO-1022
FHWA-1273 (12 pages)
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STATE OF CALIFORNIA Agency: San Luis Obispo
DEPARTMENT OF TRANSPORTATION Project: Foothill Blvd
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PUBLIC WORKS DEPARTMENT – TRANSPORTATION PLANNING/ENGINEERING DIVISION
Notice Requesting Proposals for
DESIGN SERVICES FOR CALIFORNIA / FOOTHILL RAILROAD CROSSING UPGRADE
SPECIFICATION NO. 91293
July 2021
The City of San Luis Obispo is requesting sealed proposals from interested consultants to provide for design services
for California / Foothill railroad crossing upgrade, Specification No. 91293.
Qualification Submittal Deadline:
All qualification submittals must be received by the Public Works Department at 919 Palm Street, San Luis Obispo,
CA 93401 by 2:00 P.M. on August 17th, 2021.
Submittals received after said time will not be considered. To guard against premature opening, each proposal shall
be submitted to the Public Works Department in a sealed envelope plainly marked with the RFQ title, specification
number, consultant name, and time and date of the proposal opening. Proposals shall be submitted using the forms
provided in the specification package.
Obtaining a Specification Package
Download from the City’s Web site www.slocity.org - Doing Business / Bids & Proposals page
A list of companies that have requested a copy of the RFP is maintained on the web page.
Questions
Questions regarding this RFQ or project detail information should be directed to Bryan Wheeler at
bwheeler@slocity.org
Disadvantaged Business Participation
DBE and other small businesses as defined in Title 49 CFR 26, are encouraged to participate in the performance of
agreements.
Page 945 of 1183
Design Services For California / Foothill Railroad Crossing Upgrade Page 2 of 22
Specification No. 91293
TABLE OF CONTENTS
A. DESCRIPTION OF WORK ............................................................................................................................... 3
B. GENERAL TERMS AND CONDITIONS ........................................................................................................... 5
PROPOSAL REQUIREMENTS ....................................................................................................................... 5
C. CONTRACT AWARD AND EXECUTION ......................................................................................................... 6
D. CITY RIGHTS AND OPTIONS ......................................................................................................................... 7
E. PROPOSAL CONTENT AND SELECTION PROCESS ................................................................................... 9
PROPOSAL CONTENT ................................................................................................................................... 9
PROPOSAL EVALUATION AND CONSULTANT SELECTION ...................................................................... 9
F. FORM OF AGREEMENT ................................................................................................................................ 11
G. PROPOSAL SUBMITTAL FORMS ................................................................................................................. 11
ACKNOWLEDGEMENT ................................................................................................................................ 18
INSURANCE CERTIFICATE ......................................................................................................................... 18
REFERENCES .............................................................................................................................................. 19
STATEMENT OF PAST CONTRACT DISQUALIFICATIONS ...................................................................... 20
H. INSURANCE REQUIREMENTS: Consultant Services.................................................................................. 21
I. APPENDICES ................................................................................................................................................. 22
Appendix 1 – Federally Funded Contract Forms ...................................................................................... 22
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Design Services For California / Foothill Railroad Crossing Upgrade Page 3 of 22
A. DESCRIPTION OF WORK
The purpose of this Request for Proposal (RFP) is to provide interested parties with sufficient information regarding
the design services the City of San Luis Obispo Department of Public Works (City) is seeking for its California /
Foothill Railroad Crossing Project (project). This information is intended to enable interested parties to prepare and
submit proposals for a design team to prepare complete plans and specifications for this project.
Background:
The proposed scope is to provide design services to prepare the plans and special provisions for the project located
in the City of San Luis Obispo. The project is funded by the Section 130 Federal At -Grade Rail Crossing program.
The project includes the removal, rehabilitation, and replacement of all rail crossing equipment, sidewalks, and
necessary roadway paving. New striping to comply with current MUTCD standards for at-grade rail crossings. Traffic
signal equipment for the Foothill and California traffic signal shall be replaced as needed. Califor nia Blvd. and Foothill
Blvd. are both major arterial streets. Foothill Blvd. will be closed to traffic at the crossing location, as necessary, to
allow for these upgrades, and a traffic handling plan will be included in the plan set.
The project is planned to begin construction in Summer of 2022. The construction contract is planned to continue for
approximately 3 months, plus contract close-out. Additional construction support will be necessary during the
construction phase of the project and should be included in the scope of the proposal.
The federal lead agency for the project is the Federal Highway Administration with oversight from the California
Department of Transportation (Caltrans) District 5 Division of Local Assistance. The project shall fu lly comply with
Chapter 6 of the Local Assistance Programs Guidelines (LAPG) and the entire Local Assistance Procedures Manual
(LAPM).
Workscope: DESIGN SERVICES FOR CALIFORNIA / FOOTHILL RAILROAD CROSSING UPGRADE
The consultant(s) selected will be responsible to perform the necessary work to deliver 50% draft, 95% final draft and
100% complete plans and specifications.
The design shall include the following components:
- Reconstruct and install sidewalk:
o Approximately 40 feet in the northeast quadrant
o Approximately 40 feet in the northwest quadrant
o Approximately 40 feet in the southeast quadrant
o Approximately 50 feet in the southwest quadrant
- Install pedestrian channelization in all quadrants.
- Install detectable warning (tactile strips) on all sidewalk approaches.
- Relocate the bicycle curb ramp in the southeast quadrant to the southwest quadrant.
- Underground the existing overhead utilities in the southeast and southwest quadrants.
- Refurbish the asphalt transition approximately ten feet on each approach following the crossing panel
replacement.
- Refresh or replace all pavement markings and signage:
o From the track to the east to the intersection of California and Foothill.
o From the track to the west to the railroad RXR advanced pavement markings.
- Install four exit swing gates one in each quadrant adjacent to the pedestrian gate in that quadrant.
- Modify traffic signal to utilize preemption time.
- Modify traffic signal system to include a pre-signal for the eastbound Foothill Boulevard approach in
advance of the railroad crossing.
All modifications shall be in accordance with the CAMUTCD, and CPUC General Orders.
The consultant shall be required to provide survey and electrical design work as part of this project.
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The consultant shall be required to document compliance with applicable Regional Water Quality Control Board Post
Construction Stormwater Requirements.
Deliverables: Consultant shall submit:
2 copies of the draft preliminary reports, technical studies and 50% plans and estimate
1 copy of the final preliminary reports, technical studies plus markups
2 copies of the 90% plans, specifications and estimate plus 50% markups
2 copy of the 100% plans, specifications and estimate plus 90% markups
1 copy of the final plans, specifications and estimates plus 100% markups
1 copy of the final record drawings after construction
The proposal shall include a work schedule, showing tentative dates for all deliverables indicated above. The proposal
shall show standard billing rates and cost breakdown for all foreseeable costs associated with fulfilling the required
scope of work for this project.
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B. GENERAL TERMS AND CONDITIONS
PROPOSAL REQUIREMENTS
1. Requirement to Meet All Provisions. Each individual or firm submitting a proposal (Consultant) shall meet all
of the terms, and conditions of the Request for Qualifications (RFP) specifications package. By virtue of its
proposal submittal, the Consultant 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 m aterials. Proposal documents shall be enclosed
in an envelope that shall be sealed and addressed to the Public Works Department, City of San Luis Obispo, 919
Palm Street, San Luis Obispo, CA, 93401. Each proposal submittal shall include one electronic cop y of the
proposal, submitted in Adobe Acrobat format on CD or flash drive. In order to guard against premature opening,
the proposal should be clearly labeled with the proposal title, specification number, name of Consultant, and date
and time of proposal opening. No FAX 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 Consultant’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 F.
4. Submittal of References. Each proposer shall submit a statement of qualifications and references on the form
provided in the RFP package.
5. Statement of Contract Disqualifications. Each proposer shall submit a statement regarding any past
government disqualifications on the form provided in the RFP package.
6. Proposal Withdrawal and Opening. A Consultant may withdraw its proposal, without prejudice prior to the time
specified for the proposal opening, by submitting a written request to the City for its withdrawal, in which event
the proposal will be returned to the Consultant unopened. No proposal received after the time specified or at any
place other than that stated in the "Notice Requesting Qualifications" will be considered. All qualification
proposals will be opened and declared publicly. Consultants or their representatives are invited to be present at
the opening of the qualification proposals.
7. Submittal of One Proposal Only. No individual or business entity of any kind shall be allowed to make or file,
or to be interested 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 Consultant submitting a proposal,
or who has quoted prices on materials to such Consultant, is not thereby disqualified from submitting a sub -
proposal or from quoting prices to other Consultants submitting qualification proposals.
8. 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.
9. Alternative Qualification Proposals. When specifically requested, the proposer may submit an alternative
qualification 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
alternatives, and discuss under what circumstances the City would prefer one alternative to the other(s). If an
alternative proposal is submitted, the maximum length of the proposal may be expanded proportionately by the
number of alternatives submitted.
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C. CONTRACT AWARD AND EXECUTION
1. Proposal Retention and Award. The City reserves the right to retain all qualification 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 qualification 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.
2. Competency and Responsibility of Consultant. The City reserves full discretion to determine the competence
and responsibility, professionally and/or financially, of Consultants. Consultants will provide, in a timely manner,
all information that the City deems necessary to make such a decision.
3. Contract Requirement. The Consultant to whom award is made (Consultant) 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 Cit y and incorporated in these
specifications.
4. Insurance Requirements. The Consultant shall provide proof of insurance in the form, coverages and amounts
specified in Section F of these specifications within 10 (ten) calendar days after notice of contract award as a
precondition to contract execution.
5. Business License & Tax. The Consultant must have a valid City of San Luis Obispo business license and tax
certificate before execution of the contract. Additional information regarding the City's business license and tax
program may be obtained by calling (805) 781-7134.
6. Failure to Accept Contract. The following will occur if the Consultant to whom the award is made (Consultant)
fails to enter into the contract: the award will be annulled and an award ma y be made to the next highest ranked
Consultant with whom a responsible compensation is negotiated, who shall fulfill every stipulation as if it were
the party to whom the first award was made.
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D. CITY RIGHTS AND OPTIONS
1. All proposals must be submitted to the City’s Public Works Department, 919 Palm Street, in sealed
envelopes no later than 2:00 p.m . on August 17th, 2021. Late proposals will not be considered.
2. All costs incurred in the preparation and submission of proposals and related documentation will be borne
solely by the proposer.
3. An impartial Selection Committee will develop a ranking of consultant proposals and recommend the most
qualified consultant for tentative selection and contract negotiations.
4. The cost proposal of the top ranked consultant will be reviewed and may be negotiated with the consultant.
Upon successful contract negotiations, staff will recommend a contract be awarded.
5. Consultant fees may be negotiated with the selected firm and finalized prior to the award of contract.
6. This RFP does not constitute an offer of employment or to contract for services. In addition, this RFP does
not commit the City to negotiate a contract. The issuance of this RFP does not constitute an agreement by
the City that any subsequent selection processes will occur, or that any contract will be entered into by the
City.
7. The City has the right to use any or all ideas or concepts presented in any proposal or interview without
restriction, without conversation to all applicants.
8. The City reserves the option to accept or reject any or all proposals, wholly or in part, received by reason of
this request, and make more than one award, or no award, as the best in terests of the City may appear.
9. All documents submitted to the City in response to this RFP will become the exclusive property of the City.
10. The City reserves the right to award the contract to the firm that presents the proposal which, in the judgment
of the City, best accomplishes the desired results.
11. Any contract awarded pursuant to this Request for Proposal will incorporate the requirements and
specifications contained in this Request for Proposal. All information presented in a proposer’s proposal
will be considered binding upon selection of the successful proposer, unless otherwise modified and agreed
to by the City during subsequent negotiations.
12. The City reserves the right to remedy technical errors, modify the published scope of services and appr ove
or disapprove the use of all sub-consultants.
13. The term of the contract with the selected firm with be through the completion of the project, until project
close-out is completed.
14. Any contract awarded pursuant to this RFP will incorporate the require ments and specifications contained
in this RFP. All information presented in a proposer’s proposal will be considered binding upon selection of
the successful proposer, unless otherwise modified and agreed to by the City during subsequent
negotiations.
15. Under the provisions of the California Public Records Act (the “Act”), Government Code section 6252 et
seq., all “public records” (as defined in the Act) of a local agency, such as the City, must be available for
inspection and copying upon the request of any person. Under the Act, the City may be obligated to provide
a copy of any and all responses to this RFP, if such requests are made after the contract is awarded. One
exception to this required disclosure is information which fits within the definitio n of a confidential trade
secret [Government Code section 6254(k)] or contains other technical, financial or other data whose public
disclosure could cause injury to the proposer’s competitive position. If any proposer believes that
information contained in its response to this RFP should be protected from disclosure, the proposer MUST
specifically identify the pages of the response that contains the information by properly marking the
applicable pages and inserting the following notice in the front of its response:
NOTICE: The data on pages _ of this response identified by an asterisk (*) contain
technical or financial information, which are trade secrets, or information for which
disclosure would result in substantial injury to the proposer’s competit ive position.
Proposer requests that such data be used only for the evaluation of the response but
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understands that the disclosure will be limited to the extent the City considers proper under
the law. If an agreement is entered into with the proposer, the City shall have the right to
use or disclose the data as provided in the agreement, unless otherwise obligated by law.
The City will not honor any attempt by proposer to designate its entire proposal as proprietary. If there is any
dispute, lawsuit, claim or demand as to whether information within the response to the RFP is protected from
disclosure under the Act, proposer shall indemnify, defend, and hold harmless, the City arising out of such
dispute, lawsuit, claim or demand.
16. The proposing firm warrants that no official or employee of the City has an interest, has been employed or
retained to solicit or aid in the procuring of a contract resulting from this RFP, if any, and further warrants
that such person will not be employed in the performance of such contract without immediate written notice
to the City.
17. Firms submitting a proposal shall warrant that their offer is made without any previous understanding,
agreement, or connection with any person, firm, or corporation submitting a separate proposal for the same
project and is in all respects fair, without outside control, collusion, fraud, or otherwise illegal action. This
condition will not apply to proposals which are submitted by firms who have partnered with others to submit
a cooperative proposal that clearly identifies a primary contractor and the associated sub-contractors.
18. Unforeseen additional items and/or services may be required. The City therefore reserves the right to
negotiate with the successful proposer for additional items and/or s ervices beyond what is described in
Appendix A to be added to the final contract.
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E. PROPOSAL CONTENT AND SELECTION PROCESS
PROPOSAL CONTENT
1. Submittal Forms
a. Acknowledgement
b. Certificate of Insurance
c. References
d. Statement of Past Disqualifications
2. Qualifications
a. Experience of your firm in performing Design Engineering work for at-grade railway crossings and associated
civil engineering.
b. Experience of your firm in the applicable AREMA and MUTCD standards regarding at -grade railway design.
c. Experience of your firm in traffic signal design and railway preemption and coordination with railway
crossings.
d. Resumes of the individuals who would be assigned to this work.
e. Statement and explanation of any instances where your firm has been removed from a proje ct or disqualified
from proposing on a project
f. Standard hourly billing rates for consultant and sub-consultant staff
3. Work Program
a. Description of your approach to working with City staff to achieve their goal of completing the project on
schedule.
b. Services or data anticipated to be provided by the City.
c. Any other information that would assist us in making this contract award decision.
4. Proposal Length and Copies
a. Qualification proposals should be the minimum length to provide the required information. Charts and other
short form approaches to conveying information are encouraged.
b. 3 copies of the proposal must be submitted.
c. 1 pdf format electronic copy must be submitted on flash drive.
PROPOSAL EVALUATION AND CONSULTANT SELECTION
Qualification proposals will be evaluated by a review committee and contract award process as follows:
1. Written Proposal Review/Finalist Candidate Selection
Proposals will be reviewed by a selection committee and ranked in accordance with the responsiveness,
qualifications and understanding of the Consultant relative to these specification requirements. A group of finalists
(short list) may be selected for follow-up requests for information or interviews before a final ranking is
determined.
Contract award will be based on a combination of factors that represent the best overall value for completing the
work scope as determined by the City, including: the written proposal criteria; results of background and reference
checks; and proposed compensation rates.
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2. Proposal Review and Award Schedule
The following is an outline of the anticipated schedule for proposal review and contract award:
Issue RFQ ................................................................. 07/22/21
Receive qualification proposals ................................. 08/17/21
Complete proposal evaluation ................................... 08/31/21
Award contract ........................................................... 09/06/21
Execute contract ........................................................ 09/13/21
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F. 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
[CONSULTANT’S NAME IN CAPITAL LETTERS], hereinafter referred to as Consultant.
W I T N E S S E T H
WHEREAS, on [date], requested proposals for the Foothill / California Railroad Crossing Upgrade project,
Specification# 91293,
WHEREAS, pursuant to said request, Consultant submitted a proposal that was accepted by City for said
services.
NOW THEREFORE, in consideration of their mutual promises, obligations a nd 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 services.
2. Work Delays. Should the Consultant 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 Consultant. 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 comp lete 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.
3. Termination. If, during the term of the contract, the City determines that the Consultant is not faithfully abi ding
by any term or condition contained herein, the City may notify the Consultant in writing of such defect or failure
to perform. This notice must give the Consultant a 10 (ten) calendar day notice of time thereafter in which to
perform said work or cure the deficiency.
If the Consultant 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 Consultant to said effect. Thereafter, neither party shall have any further duties, obligations,
responsibilities, or rights under the contract except, however, any and all obligations of the Consultant's surety
shall remain in full force and effect, and shall not be extinguished, reduced, or in any manner waived by the
termination thereof.
In said event, the Consultant 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 o r completed by the Consultant as
may be set forth in the Agreement payment schedule; compensation for any other work, services or goods
performed or provided by the Consultant shall be based solely on the City's assessment of the value of the work -
in-progress in completing the overall workscope.
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 Consultant be entitled to receive in excess of the compensation quoted in its
proposal.
Termination for Convenience. The City also reserves the right to terminate the contract for convenience,
providing a 30 (thirty) calendar day notice, at any time upon a determination by the Director that termination of
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the contract is in the best interest of the City. Upon termination notice from the City, Consultant must, unless
otherwise directed, cease work and follow the Cit y’s directions as to work in progress and finished goods. 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.
4. Ability to Perform. The Consultant 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 any and all applicable federal, state, county, city, and special district laws, ordinances, and
regulations.
5. Sub-contract Provisions. No portion of the work pertinent to this contract shall be subcontracted without written
authorization by the City, except that which is expressly identifie d in the Consultant’s proposal. Any substitution
of sub-consultants must be approved in writing by the City. For any sub-contract for services in excess of
$25,000, the subcontract shall contain all provisions of this agreement.
6. Contract Assignment. The Consultant 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.
7. Inspection. The Consultant shall furnish City with every reasonable opportunity for City to ascertain that the
services of the Consultant 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 Consultant of any of its obligations to fulfill its contract requirements.
8. Record Retention and Audit. For the purpose of determining compliance with various laws and regulations as
well as performance of the contract, the Consultant and sub-consultants shall maintain all books, documents,
papers, accounting records and other evidence pertaining to the performance of the contra ct, including but not
limited to the cost of administering the contract. Materials shall be made available at their respective offices at
all reasonable times during the contract period and for three years from the date of final payment under the
contract. Authorized representatives of the City shall have the option of inspecting and/or auditing all records.
For Federally funded projects, access to records shall also include authorized representatives of the State and
Federal government. Copies shall be furnished if requested.
9. Conflict of Interest. The Consultant shall disclose any financial, business, or other relationship with the City
that may have an impact upon the outcome of this contract, or any ensuing City construction project. The
Consultant shall also list current clients who may have a financial interest in the outcome of this contract, or any
ensuing City construction project which will follow. The Consultant staff shall provide a Conflict of Interest
Statement where determined necessary by the City.
The Consultant 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
Consultant further covenants that, in the performance of this work, no sub -consultant or person having such an
interest shall be employed. The Consultant 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 Consultant shall at all times be deemed an independent Consultant and not an agent
or employee of the City.
10. Rebates, Kickbacks or Other Unlawful Consideration. The Consultant warrants that this contract was not
obtained or secured through rebates, kickbacks or other unlawful consideration, either promised or paid to any
City employee. For breach or violation of the warranty, the City shall have the right in its discretion; to terminate
the contract without liability; to pay only for the value of the work actually performed; to deduct from the contract
price; or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.
11. Covenant Against Contingent Fees . The Consultant warrants by execution of this contract that no person or
selling agency has been employed, or retained, to solicit or secure this contract upon an agreement or
understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or
bona fide established commercial or selling agencies maintained by the Consultant for the purpose of securing
business. For breach or violation of this warranty, the City has the right to an nul this contract without liability; pay
only for the value of the work actually performed, or in its discretion, to deduct from the contract price or
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consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or conting ent
fee.
12. Compliance with Laws and Wage Rates. The Consultant 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. This includes compliance with prevailing
wage rates and their payment in accordance with California Labor Code. For purposed of this paragraph,
“construction” includes work performed during the design and preconstruction p hases of construction, including
but not limited to, inspection and land surveying work.
13. Payment of Taxes. The contract prices shall include full compensation for all taxes that the Consultant is
required to pay.
14. Permits, Licenses and Filing Fees. The Consultant shall procure all permits and licenses, pay all charges and
fees, and file all notices as they pertain to the completion of the Consultant’s work. The City will pay all application
fees for permits required for the completion of the project inc luding building and regulatory permit application
fees. Consultant will provide a 10 day notice for the City to issue a check.
15. Safety Provisions. The Consultant shall conform to the rules and regulations pertaining to safety established
by OSHA and the California Division of Industrial Safety.
16. Public and Employee Safety. Whenever the Consultant'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.
17. Preservation of City Property. The Consultant shall provide and install suitable safeguards, approved by the
City, to protect City property from injury or damage. If City property is injured or damaged resulting from the
Consultant's operations, it shall be replaced or restored at the Consultant's expense. The facilities shall be
replaced or restored to a condition as good as when the Consultant began work.
18. Immigration Act of 1986. The Consultant warrants on behalf of itself and all sub -consultants engaged for the
performance of this work that only persons authorized to work in the United States pursuant to the Immigration
Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work
hereunder.
19. Consultant Non-Discrimination. In the award of subcontracts or in performance of this work, the Consultant
agrees that it will not engage in, nor permit such sub -consultants as it may employ, to engage in discrimination
in employment of persons on any basis prohibited by State or Federal law.
20. 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. Consultants 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 Consultant
and all sub-consultants named in its proposal shall bear sole responsibility for proposal preparation errors
resulting from any misstatements or omissions in the specifications that could easily hav e 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 specifications will be as determined by law, any patent ambiguity or defect shall give rise to a
duty of Consultant to inquire prior to proposal submittal. Failure to so inquire shall cause any such ambiguity or
defect to be construed against the Consultant. An ambiguity or defect shall be considered patent if it is of such
a nature that the Consultant, 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 Consultant or sub-consultants to
notify City in writing of specification 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 Consultant to achieve the project’s objective or standard beyond the amounts provided
therefor in the proposal.
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In the event that, after awarding the contract, any dispute arises as a result of any actual or alleged ambiguity or
defect in the specifications, or any other matter whatsoever, Consultant shall immediately notify the City in writing,
and the Consultant and all sub-consultants 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 Consultant'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.
21. Hold Harmless and Indemnification for Design Professional Services: In the event Consultant is a “design
professional”, and the Scope of Services require Consultant to provide “design professional services” as those
phrases are used in Civil Code Section 2782.8, this paragraph shall apply in place of paragrap hs A or B. To the
fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8)
Consultant 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 consultant and expert witness fees arising out of, pertaining to or relating
to, the negligence, recklessness or willful misconduct of Consultant, 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 Consultant shall be conclusively deemed to be the negligence, recklessness or
willful misconduct of Consultant unless adequately corrected by Consultant. In the event the City Indemnitees
are made a party to any action, lawsuit, or other adversarial proceeding arising from Consultant’s performance
of this Agreement, the Consultant 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 Consultant under this paragraph exceed Consultant’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,
Consultant shall meet and confer with other parties regarding unpaid defense costs.
The review, acceptance or approval of the Consultant’s work or work product by any indemnified party shall not
affect, relieve or reduce the Consultant’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.
22. Non-Exclusive Contract. The City reserves the right to contract for the services listed in this proposal from
other consultants during the contract term.
23. Standards. Documents shall conform to City Standards and City furnished templates shall be used.
24. Consultant Endorsement. Technical reports, plans and specifications shall be stamped and signed by the
Consultant where required.
25. Required Deliverable Products and Revisions. The Consultant will be required to provide documents
addressing all elements of the workscope. Plans shall be prepared using City’s standardized title blocks and
coversheets. Draft plans may be submitted for review using either the full D (24 x36) format or a reduced 11x17
format. Consultant shall ensure that drawings and notes are clearly legible if using the reduced format.
Specifications and bid documents shall conform to standard City formats unless authorized. The City’s current
Standard Specifications and Engineering Standards must be incorporated where applicable.
City staff will review any documents or materials provided by the Consultant and, where necessary, the
Consultant will respond to staff comments and make such changes as dee med appropriate. Submittals shall
include the previous marked up submittal (returned to the Consultant) to assist in the second review. Changes
shall be made as requested or a notation made as to why the change is not appropriate.
Consultant shall submit deliverables as identified in the City Request for Proposal Specification No. 91293 and
Consultant's proposal dated X.
All Submittals must include one electronic copy submitted in Adobe Acrobat format.
Draft reports and plan submittals shall be submitted as paper copies. Final documents shall be submitted as
camera-ready original, unbound, each page printed on only one side, including any original graphics in place and
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scaled to size, ready for reproduction AND one electronic copy submitted in Adobe Acrobat format including all
original stamps and signatures
In the event the City will be compiling the final specifications, incorporating the Consultant’s work, the final
specifications will also be required to be submitted in Microsoft Word format.
Final plans will also be required to be submitted in AutoCAD
Electronic files shall be submitted on a flash drive and all files must be compatible with the Microsoft operating
system. Files may be emailed or link provided to a FTP sever in lieu of flash drive.
26. Ownership of Materials. Upon completion of all work under this contract, ownership and title to all reports,
documents, plans, specifications, and estimates produced as part of this contract will automatically be vested in
the city and no further agreement will be necessary to transfer ownership to the City. The Consultant shall furnish
the City all necessary copies of data needed to complete the review and approval process.
It is understood and agreed that all calculations, drawings and specifications, whether in hard copy or machine
readable form, are intended for one-time use in the construction of the project for which this contract has been
entered into.
The Consultant is not liable for claims, liabilities, or losses arising out of, or connected with the modification, or
misuse by the City of the machine-readable information and data provided by the Consultant under this
agreement. Further, the Consultant is not liable for claims, liabilities, or losses arising out of, or connected w ith
any use by City of the project documentation on other projects, except such use as may be authorized in writing
by the Consultant.
27. Release of Reports and Information. Any reports, information, data, or other material given to, prepared by or
assembled by the Consultant as part of the work or services under these specifications shall be the property of
City and shall not be made available to any individual or organization by the Consultant without the prior written
approval of the City.
The Consultant shall not issue any news release or public relations item of any nature, whatsoever, regarding
work performed or to be performed under this contract without prior review of the contents thereof by the City
and receipt of the City’s written permission.
28. Copies of Reports and Information. If the City requests additional copies of reports, drawings, specifications,
or any other material in addition to what the Consultant is required to furnish in limited quantities as part of the
work or services under these specifications, the Consultant shall provide such additional copies as are requested,
and City shall compensate the Consultant for the costs of duplicating of such copies at the Consultant's direct
expense.
29. Attendance at Meetings And Hearings. Consultant shall attend as many "working" meetings with staff as
necessary to accomplish the workscope tasks. The consultant is responsible to attend on-site meetings as
required by Union Pacific Railroad, Caltrans, or California Public Utilities Commission, as n eeded.
30. Requests for Review. The Consultant shall respond to all requests for submittal review or contractor RFI’s
within two weeks of receipt of the information from the City.
31. Permit and Filing Fees. The Consultant shall procure all permits, and licenses, pay all charges and fees and
file all notices necessary as they pertain to the completion of the Consultant’s work. The City will pay all
application fees for permits required for the completion of the project work. The City requires a 10 day noti ce to
issue a check.
32. Consultant Invoices. The Consultant shall deliver a monthly invoice to the City, itemized by project work phase
or, in the case of on-call contracts, by project title. Invoice must include a breakdown of hours billed and
miscellaneous charges and any sub-consultant invoices, similarly broken down, as supporting detail.
33. Payment. For providing services as specified in this Agreement, City will pay and Consultant shall receive
therefore compensation in a total sum not to exceed the individual agreed upon project fee. Should the
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Consultant’s designs, drawings or specifications contain errors or deficiencies, the Consultant shall be required
to correct them at no increase in cost to the City.
The Consultant shall be reimbursed for hours worked at the hourly rates attached to this agreement. Hourly rates
include direct salary costs, employee benefits, overhead and fee. In addition, the Consultant shall be reimbursed
for direct costs other than salary and vehicle cost that have been identified and are attached to this agreement.
The Consultant’s personnel shall be reimbursed for per diem expenses at a rate not to exceed that currently
authorized for State employees under State Department of Personnel Administration rules.
34. Payment Terms. The City's payment terms are 30 days from the receipt and approval of an original invoice and
acceptance by the City of the materials, supplies, equipment or services provided by the Consultant (Net 30).
35. Resolution of Disputes. Any dispute, other than audit, concerning a question of fact arising under this contract
that is not disposed of by agreement shall be decided by a committee consisting of the City’s Project Manager
and the City Director of Public Works, who may consider written or verbal information submitted by the
Consultant. Not later than thirty days after completion of all deliverables necessary to complete the plans,
specifications and estimate, the Consultant may request review by the City Council of unresolved cl aims or
disputes, other than audit, in accordance with Chapter 1.20 Appeals Procedure of the Municipal Code.
Any dispute concerning a question of fact arising under an audit of this contract that is not disposed of by
agreement, shall be reviewed by the City’s Chief Fiscal Officer. Not later than 30 days after issuance of the final
audit report, the Consultant may request a review by the City’s Chief Fiscal Officer of unresolved audit issues.
The request for review must be submitted in writing.
Neither the pendency of a dispute, nor its consideration by the City will excuse the consultant from full and timely
performance in accordance with the terms of this contract.
36. Agreement Parties.
City: Bryan Wheeler
City of San Luis Obispo
919 Palm Street
San Luis Obispo, CA 93401
Consultant:
All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or
certified mail addressed as shown above.
37. Incorporation by Reference. City Request for Proposal Specification No. 91293 and Consultant's proposal
dated X, are hereby incorporated in and made a part of this Agreement. Should there be any conflict between
terms set forth in the City Request for Proposals Specification No. 91293 and Consultant’s proposal dated
[DATE], the terms in this agreement and City Request for Proposals Specification No. 91293 will govern.
38. 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 Traffic Manager.
39. Working Out of Scope. If, at any time during the project, the consultant is directed to do work by persons other
than the City Project Manager and the Consultant believes that the work is outside of the scope of the original
contract, the Consultant shall inform the Project Manager immediately. If the Project Manager and Consultant
both agree that the work is outside of the project scope and is necessary to the successful completion of the
project, then a fee will be established for such work based on Consultant's hourly billing rates or a lump sum price
agreed upon between the City and the Consultant. Any extra work performed by Consultant without prior written
approval from the City Project Manager shall be at Consultant's own expense.
40. 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.
For and in consideration of the payments and agreements hereinbefore mentioned to be made and performed
by City, Consultant agrees with City to do everything required by this Agreement, the said specification and
incorporated documents.
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Authority to Execute Agreement. Both City and Consultant do covenant that each individual executing this
agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such
party.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above
written.
CITY OF SAN LUIS OBISPO: CONSULTANT:
Name of Company
__________________________________
Derek Johnson, City Manager By:
Name of CAO/President
Its: CAO/President
APPROVED AS TO FORM:
Christine Dietrick, City Attorney
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G. PROPOSAL SUBMITTAL FORMS
(Note: These forms are available in Word format – Request via email)
ACKNOWLEDGEMENT
The undersigned declares that she or he:
Has carefully examined Specification No. 91293 RFP
Is thoroughly familiar with its content
Is authorized to represent the proposing firm; and
Agrees to perform the work as set forth in the specification and this proposal.
Firm Name and Address:
Contact Name:
Email:
Fax: Phone:
Signature of Authorized Representative:
Date:
INSURANCE CERTIFICATE
Insurance Company’s A.M. Best Rating
Certificate of insurance attached
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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 requ ired. The City reserves the right to
contact each of the references listed for additional information regarding your firm's qualifications.
Reference No. 1
Customer Name
Contact Individual
Telephone & Email
Street Address
City, State, Zip Code
Date of Services
Contract Amount
Description of Services
Project Outcome
Reference No. 2
Customer Name
Contact Individual
Telephone & Email
Street Address
City, State, Zip Code
Date of Services
Contract Amount
Description of Services
Project Outcome
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Reference No. 3
Customer Name
Contact Individual
Telephone & Email
Street Address
City, State, Zip Code
Date of Services
Contract Amount
Description of Services
Project Outcome
STATEMENT OF PAST CONTRACT DISQUALIFICATIONS
The Consultant 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 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 Consultant Representative
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H. INSURANCE REQUIREMENTS: Consultant Services
The Consultant 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, its agents, representatives, employees or sub-consultants.
Minimum Scope of Insurance. Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 20 10 Prior to 1993 or
CG 20 10 07 04 with CG 20 37 10 01 or the exact equivalent as determined by the City).
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.
4. Errors and Omissions Liability insurance as appropriate to the consultant's profession.
Minimum Limits of Insurance. Consultant 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.
4. Errors and Omissions Liability: $1,000,000 per occurrence.
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 Consultant 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 Consultant; products and completed operations
of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired
or borrowed by the Consultant. 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 Consultant's insurance coverage shall be primary insurance as
respects the City, its officers, officials, employees, agents and volun teers. 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.
3. The Consultant'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. The Consultant agrees to notify
the City in the event that the policy is suspended, voided or reduced in coverage or limits. A minimum of 30
days prior written notice by certified mail, return receipt requested, will be provided.
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. Consultant shall furnish the City with a certificate of insurance showing maintenance of
the required insurance coverage. Original endorsements effecting general liability and automobile liability coverage
required by this clause must also be provided. 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 work
commences.
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Design Services For California / Foothill Railroad Crossing Upgrade Page 22 of 22
I. APPENDICES
Appendix 1 – Federally Funded Contract Forms
The following forms are for federally funded projects and shall be completed and submitted upon selection by the
review committee. This project will require all LAPM forms for federally-funded projects.
Local Assistance Procedures Manual forms may be obtained from the Caltrans website:
http://www.dot.ca.gov/hq/LocalPrograms/lam/forms/lapmforms.htm
Required forms include:
1. Exhibit 10-A: A&E Consultant Audit Request Letter and Checklist
2. Exhibit 10-B: Suggested Consultant Evaluation Sheet
3. Exhibit 10-C: Consultant Contract Reviewers Checklist
4. Exhibit 10-H: Sample Cost Proposal
5. Exhibit 10-I: Notice to Proposers DBE Information
6. Exhibit 10-K: Consultant Certification of Costs and Financial Management System
7. Exhibit 10-O1: Consultant Proposal DBE Commitment
8. Exhibit 10-O2: Consultant Contract DBE Information (Word version)
9. Exhibit 10-Q: Disclosure of Lobbying Activities
10. Exhibit 17-F: Final Utilization Report (to be completed at Project Completion)
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