HomeMy WebLinkAboutItem 5f. RFQ for Planning and Environmental Services Item 5f
Department: Community Development
Cost Center: 4003
For Agenda of: 11/16/2021
Placement: Consent
Estimated Time: N/A
FROM: Michael Codron, Community Development Director
Prepared By: Shawna Scott, Senior Planner
SUBJECT: REQUEST FOR QUALIFICATIONS FOR PLANNING AND
ENVIRONMENTAL SERVICES
RECOMMENDATION
1. Authorize a Request for Qualifications for on-call planning and environmental
services to supplement Community Development Department resources; and
2. Authorize the Community Development Director to execute the agreements
associated with the selected consulting firms; and
3. Authorize the Finance Director to execute and amend Purchase Orders for
individual consultant service contracts in amounts not-to-exceed authorized
Planning Services Agreements, as approved by the Community Development
Director.
DISCUSSION
Background
Based on Section 3.24.070 (C) of the City’s Municipal Code, which requires that a
Request for Qualifications must be conducted every five years for on -call consulting
services, the Community Development Department is due to issue an RFQ for planning
and environmental services. The RFQ will require consultants to possess a unique skill
set and understanding of policies found in the City’s General Plan and Zoning Ordinance
and compliance with the California Environmental Quality Act (CEQA). The review of
planning applications is based on the City’s General Plan, Community Design Guidelines,
Municipal Code, and adopted Specific and Area plans, so firms must be knowledgeable
about or become familiar with regulations, ordinances, policies and guidelines that are
unique to the City of San Luis Obispo and reflect the community’s values .
Consultants add additional resources during peak entitlement and permit times when
activity outpaces available City resources to timely process permits. Consultants are also
needed to complete CEQA analysis for projects, which requires a unique professional
skillset. Moreover, consultants can help ensure that high profile projects bringing multiple
City objectives are processed in a timely manner including objectives set forth in the
Economic Development Strategic Plan and the Community Development Department’s
Organizational Assessment.
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Item 5f
City staff has recently used consultants successfully to process the San Luis Ranch
Specific Plan and Avila Ranch Development Plan and associated entitlements and
building permits, the East and West Airport area annexations, the Froom Ranch Specific
Plan and associated annexation, CEQA determinations for numerous project s, and
multiple use permits, development review, and subdivision applications. Staff is assigned
to work directly with consultants to ensure that institutional knowledge is communicated
to the consultant team, projects meet adopted City land use policies a nd standards and
general expectations, and continuity is maintained after the consultant has completed the
project. The volume of work related to projects moving from planning entitlement to
construction has consistently exceeded the capacity to provide th ose services in-house
during the last eight years.
The RFQ Process
The RFQ will solicit proposals from interested consultants stating their qualifications,
experience, and approach for timely processing of planning projects, entitlements, and
CEQA documentation. After evaluating proposals, the top consultants will be selected
based on their ability to provide the requested services. Once the selected consultants
have entered into an agreement with the City, these consultants will provide services for
individual projects as needed.
The consultants will operate under the conditions of the agreement included in the RF Q.
For planning projects, individual work scopes and fees will be negotiated on a project-by-
project basis. Once a project scope and fee are agreed to, the specific work will then be
authorized via a Purchase Order through the Finance Department. Most of the contracts
will be funded by project applicants, subject to a Plann ing Services Authorization and
standard 30 percent administrative fee to cover City staff management and oversight of
the consultant.
Public Engagement
Public notice of this item included the posted agenda and associated agenda report.
Public engagement on individual projects will occur consistent with City noticing
requirements and the Public Engagement Manual.
CONCURRENCE
The City Finance Department concurs with the request.
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 State CEQA
Guidelines Section 15378.
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Item 5f
FISCAL IMPACT
Budgeted: Yes Budget Years: 2021-2026
Funding Identified: Yes
Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund $N/A $N/A $N/A $N/A
State
Federal
Fees
Other:
Total $N/A $N/A $N/A $N/A
Issuing an RFQ does not obligate any funds for consultant work. When the on -call
agreements are executed by the Community Development Director and projects are
identified requiring consultant services, Purchase Orders will be issued at the discretion
of the Finance Director in an amount not-to-exceed the Planning Services Authorization.
As a result, no monies are expended to keep resources on standby and waiting for work
opportunities to occur.
ALTERNATIVES
1. Deny the authorization of the RFQ and associated consultant agreements and
Purchase Orders as requested and require that project specific Request for
Proposals (RFPs) be issued for individual projects. The Council could direct staff
to proceed in a more traditional fashion, issuing RFPs for each individual project. The
use of on-call consultant services is an efficient and effective approach to reviewing
projects in a timely manner. Issuing RFPs for individual projects would not be an
effective and efficient approach for assigning work quickly on projects to maintai n or
reduce the City’ s published cycle times for review of permits/applications and would
require additional staff resources to prepare agenda reports for each request.
2. Deny the authorization of the RFQ and associated consultant agreements and
Purchase Orders as requested and require the use of in-house resources. The
Council could direct staff to complete more of the work in -house. Staff does not
recommend this approach since this recommendation calls for consultants to be used
thoughtfully and strategically achieving multiple City objectives when existing staff
resources are exceeded. Furthermore, not all in-house staff have the training,
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Item 5f
expertise, or availability to complete some of the required work, such as
Environmental Impact Reports (EIRs). The ability to use consultants is an important
part of the mix to help process the current workload outlined in this report and has
been successful over the past eight years.
ATTACHMENTS
A – Draft RFQ for Planning and Environmental Services
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The City of San Luis Obispo is committed to including disabled persons in all of our services, programs and activities.
Telecommunications Device for the Deaf (805) 781-7410.
DRAFT
Notice Requesting Qualifications for On-Call Planning and Environmental Services
The City of San Luis Obispo is requesting qualifications from qualified planning and environmental
consultants to provide On-call Planning and Environmental Services for the Community Development
Department.
All firms interested in receiving further correspondence regarding this Request for Qualifications (RFQ)
will be required to complete a free registration using BidSync (https://www.bidsync.com/bidsync-app-
web/vendor/register/Login.xhtml). All qualifications must be received via BidSync at or before _________
when they are opened electronically on BidSync.
The preferred method for bid submission is electronic via BidSync. However, if you wish to submit a paper
copy, please submit it in a sealed envelope to the Department of Finance, City of San Luis Obispo, 990
Palm Street, San Luis Obispo, California, 93401.
Additional information may be obtained at the City’s BidSync website at www.BidSync.com. Please
contact Shawna Scott, Senior Planner at (805) 781-7176 or sscott@slocity.org with any questions.
For technical help with BidSync please contact BidSync tech support at 800-990-9339.
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TABLE OF CONTENTS
A. INTRODUCTION ................................................................................................................................ 1
B. SCOPE OF WORK .............................................................................................................................. 1
C. SUBMITTAL REQUIREMENTS ........................................................................................................... 2
D. ADDITIONAL SERVICES ..................................................................................................................... 3
E. SELECTION PROCESS ........................................................................................................................ 3
F. ADDITIONAL TERMS AND CONDITIONS ........................................................................................... 3
G. FORM OF AGREEMENT .................................................................................................................... 5
GENERAL TERMS AND CONDITIONS ................................................................................................ 7
H. INSURANCE REQUIREMENTS ......................................................................................................... 13
I. REFERENCES ................................................................................................................................... 15
J. STATEMENT OF PAST CONTRACT DISQUALIFICATIONS ................................................................. 17
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A. INTRODUCTION
The City of San Luis Obispo (City) wishes to obtain the services of professional governmental planning and
environmental consulting firm(s) (Consultants) to provide planning and environmental services related to
entitlement and permit processing, special projects, and California Environmental Quality Act (CEQA)
compliance. The selected firm(s) will be issued project-specific purchase orders and projects will be
assigned by the City’s Deputy Director of Community Development or their designee.
B. SCOPE OF WORK
The scope of work will include thorough review of planning applications from the initial review,
completeness determination, overall project management, meetings with staff and applicant, preparation
of staff report(s), environmental review documentation, presentation(s) to decision makers, and other
tasks as assigned. Projects could range from straight development applications and/or General
Plan/Specific Plan Amendments, or Zone changes to special projects such as economic or fee studies.
Consultant shall utilize employees to review the planning applications who are qualified as professional
planners by the appropriate level of education and/ or experience to prepare the required project
analysis. The standard turn-around time for assigned planning applications shall be determined in
conjunction with the Deputy Director and the City’s agreed-upon cycle times.
In addition to planning services, the scope of work will include preparation of CEQA documentation
including Initial Study/Negative Declarations, Initial Study/Mitigated Negative Declarations, and may
include preparation of independent technical reports, or professional review of applicant-provided
technical reports, to support the environmental analysis and determination for resources including but
not limited to, aesthetics, air quality/greenhouse gas emissions, biological resources, cultural and historic
resources, and noise. Consultant shall utilize qualified professional employees or subconsultants who are
experienced in CEQA analysis, documentation, and statutory requirements, and have a general
understanding and knowledge of CEQA case law.
Dependent upon the scope of each specific project assigned, each project may vary in its specific review
requirements. The Deputy Director or their designee will review with the consultant the specific work
scope and processing timing of each project. The City shall provide the consultant with copies of the
Zoning Regulations, Subdivision Regulations, General Plan, Community Design Guidelines, Specific Plans,
and other policy documents, as necessary.
Projects shall be assigned at the sole discretion of the Deputy Director and the City. The City may use its
own employees and/or other independent Consultants to perform plan reviews in addition to any such
work assigned to Consultant. The volume of planning projects is dependent upon economic conditions
that are outside the control of the City. Consequently, there is no guarantee provided as to the minimum
or maximum volume of work that may be assigned to a Consultant within any given time period.
In the course of the plan review process, the Consultant shall avoid situations involving an actual or
potential conflict of interest, shall act as an agent and a deputy of the Deputy Director, and shall act in the
interests of the City and the citizens of San Luis Obispo. Consultants shall provide no services for any
private client within the corporate boundaries of the City during the contract period.
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C. SUBMITTAL REQUIREMENTS
1. Letter of Interest (Five page maximum). Please include in the submittal a letter introducing the
Consultant and expressing the Consultant's interest in being considered for on-call consulting
services, clearly identifying the applicable sub- area(s) of interest. The letter of interest should
also include all of the following:
a. Provide the name of the entity, its mailing address, telephone, facsimile number. Please
describe the organization.
b. Indicate that the Consultant has the availability and time to dedicate the personnel and
resources necessary to provide on-call consulting services.
c. Indicate that the Consultant has the minimum necessary professional qualifications for
successfully performing the work required by the City.
d. Indicate the intention of the Consultant to adhere to the provisions described in the RFQ.
e. If selected to provide on-call consulting services, the Consultant will be expected to sign
a service provider agreement with the City.
f. Please identify the contact person responsible for the submittal, specifying the name,
title, and contact information.
g. Please note that the person signing the letter of interest must be a legal representative
of the Consultant authorized to bind the Consultant to an agreement in the event of an
award.
2. Relevant Experience of Key Personnel and the Firm (Ten page maximum)
a. General Firm Information. General firm information including the number of employees,
location of firm headquarters, branch offices, and the number of years in business may
also be provided.
b. Key Personnel Experience. The submittal must identify the key personnel and
subconsultants that would be assigned if awarded a contract, detailing their
qualifications, areas of expertise, certifications, education, training, a summary of their
past experience performing similar services for the City of San Luis Obispo and/or other
jurisdictions, and a resume of each key personnel and subcontractor.
c. Firm Experience. The submittal must describe the Firm' s pertinent project experience,
including a list of performed relevant projects, past performance, and examples of similar
work for the City or neighboring jurisdictions in California. Identified qualifications should
include the Consultants experience providing on-call planning and environmental services
for local agencies.
d. Work Program. Provide a brief narrative of the processes that will be employed to
accomplish assigned tasks, ranging from special projects, entitlement management from
application review to project hearings and action, and preparation of CEQA
documentation.
3. Fee Structure. Please include a clear and comprehensive fee schedule, including a detailed
statement of hourly rates for all positions and classifications of individuals involved and
reimbursable expenses.
4. Client References. Consultants must provide a minimum of three client references. Include a brief
description of the project, provided professional services, and reference contact name, email,
and phone number.
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5. Qualifications Length and Copies. Qualification submittal shall not exceed 60 pages, including
attachments and supplemental materials. The preferred method for submission is electronic
via BidSync. However, if you wish to submit a paper copy, please submit five copies in a sealed
envelope or box to the Department of Finance, City of San Luis Obispo, 990 Palm Street, San
Luis Obispo, California, 93401.
D. ADDITIONAL SERVICES
If there are related services not otherwise identified in the City' s RFQ, the Consultant may offer those to
the City. Submittals are not required to address any additional services in order to be considered
acceptable. However, the final selection of the successful Consultant may be based on the desirability of
the additional services offered.
E. SELECTION PROCESS
Submittals received by the deadline will be reviewed by a selection panel comprised of City staff who have
relevant knowledge and experience. The panel will score the proposals based upon the qualification
materials submitted according to the following criteria:
1. Letter of Interest. Availability demonstrated the capacity and qualifications necessary to provide
the consulting services specified in the RFQ. Ability to meet standard City contract and insurance
requirements (Maximum 5 points).
2. Relevant Qualifications and Experience. Demonstrated competence and professional
qualifications necessary for successfully performing the work required by the City. Demonstrated
ability, based on consultant experience and specific experience of key personnel, to provide
professional assistance on the range and types of tasks listed in the RFQ. (Maximum 50 points)
3. Proposed Approach in Completing the Work. Demonstrated understanding of the work required
by the City (Maximum 15 points)
4. Responsiveness to the RFQ. Presentation, completeness, responsiveness, and clarity of
information provided. (Maximum 15 points)
5. Fee Structure. The Consultant's cost competitiveness and reasonableness (Maximum 15 points).
6. Client References. (Pass/Fail)
The submittals will be scored on a zero to 100-point scale, excluding bonus points. Consultants who qualify
will be placed on the list of qualified on-call planning and environmental consultants. Placement on the
list of qualified on-call consultants is not a guarantee of work and does not constitute a commitment by
the City to enter into a contract with the Consultant. As appropriate, the City may conduct an additional
competitive process (e.g., solicit bids or issue Requests for Proposals) prior to awarding contracts. The City
anticipates that all services will be on an as-needed or on-call basis.
F. ADDITIONAL TERMS AND CONDITIONS
1. Nondiscrimination. The City will not discriminate against any interested consultant on the
grounds of race, religious creed, color, national origin, ancestry, handicap, disability, marital
status, pregnancy, sex, age, or sexual orientation.
2. City's Right to Modify RFQ. The City reserves the right at its sole discretion to modify this RFQ
(including but not limited to the selection criteria) should the City deem that it is in its best
interests to do so. Any changes to the proposal requirements will be made by written addendum.
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The failure of a consultant to read the latest addendums shall have no effect on the validity of
such modification.
3. City's Right to Cancel RFQ. The City reserves the right at its sole discretion to cancel this RFQ in
part or in its entirety should the City deem that it is in the City' s best interests to do so.
4. City's Right to Reject All Submittals. The City reserves the right, in its sole discretion, to reject all
submittals should the City deem that it is in its best interests to do so.
5. City's Right to Extend RFQ Deadlines. The City reserves the right to extend the deadline for
submittals by written addendum should the City deem that it is in its best interests to do so.
6. City Right to Negotiate With Consultants. The City reserves the right to negotiate with the
consultants on the list of qualified on-call consultants regarding their exceptions to the standard
service provider agreement if any, or regarding other price and terms in their submittals and to
require the selected Consultant to submit such technical, price, or other revisions of their
submittals as may result from negotiations.
7. Standard Form Service Provider Agreement & Insurance. Consultants acknowledge that
placement on the list of qualified on-call consultants does not commit the City to award a
contract. For any project, the City reserves the right to award a contract to consultants 1) that are
on the list of qualified on-call consultants; ( 2) that have an existing contract with the City, or (3)
that are selected through a separate competitive process.
Consultants on the list of qualified on-call consultants who are awarded a contract will be
expected to sign a service provider agreement with the City. The standard service provider
agreement and associated insurance requirements are attached as Attachment B.
Comments or exceptions, if any, to the standard service provider agreement and/ or insurance
requirements must be noted in the Letter of Interest. It is understood that consultants have
reviewed the service provider agreement ( Attachment B) and will take exception only to those
items identified in their Letter of Interest.
Neither review of the submittal by the City nor placement on the list of qualified on-call
consultants constitutes an acceptance by the City of the Proposer's recommended changes to the
service provider agreement. If there are any concerns or proposed exceptions requested to the
standard service provider agreement, these issues will be discussed at the time the City awards a
contract, if any.
8. Cost of Submittals. All costs incurred during submittal preparation or in any way associated with
the Consultant' s preparations or submission shall be the sole responsibility of the Consultant.
9. Liability for Submittal Errors. Consultants are liable for all errors and omissions contained in their
submittals.
10. Permits and Licenses. Consultants, at their sole expense, shall obtain and maintain during the
term of any agreement all appropriate permits, certificates, and licenses including, but not
limited to, a City Business License, which will be required in connection with the performance of
on-call consulting services.
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G. FORM OF AGREEMENT
AGREEMENT
THIS AGREEMENT is made and entered into in the City of San Luis Obispo on [day, date, year] by
and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and
[CONSULTANT’S NAME IN CAPITAL LETTERS], hereinafter referred to as Consultant.
W I T N E S S E T H:
WHEREAS, the City wants to establish an on-call planning and environmental consultant list, such
that projects and work tasks can be assigned to qualified Consultants on an as-needed basis.
WHEREAS, Consultant is qualified to perform this type of service and has submitted a proposal to
do so, which has been accepted by the City.
NOW THEREFORE, in consideration of their mutual promises, obligations and covenants
hereinafter contained, the parties hereto agree as follows:
1. TERM. The term of this Agreement shall be from the date this Agreement is made and
entered, as first written above, until [date].
2. INCORPORATION BY REFERENCE. City Specification No. ______ and Consultant's
proposal dated [date] is hereby incorporated in and made a part of this Agreement and attached as Exhibit
A. The City’s terms and conditions are hereby incorporated in an made a part of this Agreement as Exhibit
B. To the extent that there are any conflicts between the Consultant’s fees and scope of work and the
City’s terms and conditions, the City’s terms and conditions shall prevail, unless specifically agreed
otherwise in writing signed by both parties.
3. CITY'S OBLIGATIONS. For providing the services as specified in this Agreement, City will
pay, and Consultant shall receive therefore compensation in a total sum not to exceed amounts
authorized by subsequent project-specific Planning Services Agreements and associated Purchase Orders.
4. CONSULTANT/CONSULTANT’S OBLIGATIONS. For and in consideration of the payments
and agreements hereinbefore mentioned to be made and performed by City, Consultant agrees with City
to provide services as set form in _________.
5. AMENDMENTS. Any amendment, modification or variation from the terms of this
Agreement shall be in writing and shall be effective only upon approval by the Community Development
Director.
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6. COMPLETE AGREEMENT. This written Agreement, including all writings specifically
incorporated herein by reference, shall constitute the complete Agreement between the parties hereto.
No oral agreement, understanding or representation not reduced to writing and specifically incorporated
herein shall be of any force or effect, nor shall any such oral agreement, understanding or representation
be binding upon the parties hereto.
7. NOTICE. All written notices to the parties hereto shall be sent by United States mail,
postage prepaid by registered or certified mail addressed as follows:
City Community Development Department
919 Palm Street
San Luis Obispo, California, 93401
Consultant Name
Title
Address
Address
8. 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:
By:_____________________________________
Community Development Director
APPROVED AS TO FORM: CONSULTANT:
________________________________ By: _____________________________________
City Attorney Name of CAO / President
Its: CAO / President
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GENERAL TERMS AND CONDITIONS
1. Insurance Requirements. The Consultant shall provide proof of insurance in the form, coverages
and amounts specified, unless changes are otherwise approved and agreed to in writing between
the parties. If the Agreement is entered into outside of a Request for Proposal, Consultant shall
provide proof of insurance in the form of coverages and amounts specified in Exhibit C.
2. Business License & Tax. The Consultant must have a valid City of San Luis Obispo business license
& tax certificate before execution of the contract. Additional information regarding the City’s
business tax program may be obtained by calling (805) 781-7134.
3. 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 all federal, state, county, city, and
special district laws, ordinances, and regulations.
4. Start and Completion of Work. Work on projects shall begin within five calendar days after
contract execution. Individual projects shall be completed in accordance with approved project
schedules.
5. Contract Term for On-Call Service Contracts. The interim services requested will be contracted
for by the City on as needed basis and as requested in writing by the City. The City reserves the
right to use other contractors for the same or similar services o r to request proposals for similar
services as needed while Consultant provides services.
6. Laws to be Observed. 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.
7. Payment of Taxes. The contract prices shall include full compensation for all taxes that the
Consultant is required to pay.
8. Permits and Licenses. The Consultant shall procure all permits and licenses, pay all charges and
fees, and give all notices necessary.
9. Safety Provisions. The Consultant shall conform to the rules and regulations pertaining to safety
established by OSHA and the California Division of Industrial Safety.
10. 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.
11. 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.
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12. Immigration Act of 1986. The Consultant warrants on behalf of itself and all subconsultants
engaged for the performance of this work that only persons authorized to work in the United
State pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall
be employed in the performance of the work hereunder.
13. Consultant Non-Discrimination. In the performance of this work, the Consultant agrees that it
will not engage in, nor permit such subconsultants as it may employ, to engage in discrimination
in employment of persons because of age, race, color, sex, national origin or ancestry, sexual
orientation, or religion of such persons.
14. 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 complete on time, due to any of
the above, after hearing evidence as to the reasons for such delay, and making a finding as to the
causes of same.
15. Payment Terms. The City’s payment terms are 30 days from the receipt of an original invoice and
acceptance by the City of the materials, supplies, equipment, or services provided by the
Consultant (Net 30).
16. 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.
17. 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 contract, 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.
18. Interests of Consultant. 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 subconsultant 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.
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19. 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.
20. Hold Harmless and Indemnification.
(a) Non-design, non-construction Professional Services: To the fullest extent permitted by law
(including, but not limited to California Civil Code Sections 2782 and 2782.8), Consultant shall
indemnify, defend, and hold harmless the City, and its elected officials, officers, employees,
volunteers, and agents (“City Indemnitees”), from and against any and all causes of action, claims,
liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs
of litigation (“claims”), arising out of the Consultant’s performance or Consultant’s failure to
perform its obligations under this Agreement or out of the operations conducted by Consultant,
including the City’s active or passive negligence, except for such loss or damage arising from the
sole negligence or willful misconduct of the City. In the event the City Indemnitees are made a
party to any action, lawsuit, or other adversarial proceeding arising from 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.
(b) Non-design, construction Professional Services: To the extent the Scope of Services involve a
“construction contract” as that phrase is used in Civil Code Section 2783, this paragraph shall
apply in place of paragraph A. To the fullest extent permitted by law (including, but not limited to
California Civil Code Sections 2782 and 2782.8), Consultant shall indemnify, defend, and hold
harmless the City, and its elected officials, officers, employees, volunteers, and agents (“City
Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations,
judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”),
arising out of the Consultant’s performance or Consultant’s failure to perform its obligations
under this Agreement or out of the operations conducted by Consultant, except for such loss or
damage arising from the active negligence, sole negligence or willful misconduct of the City. In
the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial
proceeding arising from 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.
(c) 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 paragraphs 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
subconsultant 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
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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.
(d) 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.
21. 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.
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. Consultant Endorsement. Technical reports, plans and specifications shall be stamped and signed
by the Consultant where required.
24. 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.
25. 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 the 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.
26. Termination for Convenience. The City may terminate all or part of this Agreement for any or no
reason at any time by giving 30 days written notice to Consultant. Should the City terminate this
Agreement for convenience, the City shall be liable as follows: (a) for standard or off-the-shelf
products, a reasonable restocking charge not to exceed ten (10) percent of the total purchase
price; (b) for custom products, the less of a reasonable price for the raw materials, components
work in progress and any finished units on hand or the price per unit reflected on this Agreement.
For termination of any services pursuant to this Agreement, the City’s liability will be the lesser of
a reasonable price for the services rendered prior to termination, or the price for the services
reflected on this Agreement. Upon termination notice from the City, Consultant must, unless
otherwise directed, cease work and follow the City’s directions as to work in progress and finished
goods.
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27. Termination. If, during the term of the contract, the City determines that the Consultant is not
faithfully abiding 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 terminations 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 No tice of
Termination, minus any offset from such payment representing the City’s damages from such
breach. “Reasonable value” includes fees or charges for goods or services as of the last milestone
or task satisfactorily delivered or completed by the 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 work scope.
The City reserves the right to delay any such payment until completion or confirmed
abandonment of the project, as may be determined in the City’s sole discretion, so as to permit a
full and complete accounting of costs. In no event, however, shall the Consultant be entitled to
receive in excess of the compensation quoted in its proposal.
28. 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 Community Development, 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 claims 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.
29. 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.
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30. 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. Failure by the Consultant to carry out the requirements of this Agreement is a
material breach of this agreement which may result in the termination of this Agreement or such
other remedy as the City deems appropriate.
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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 subconsultants.
Minimum Scope of Insurance. Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1
(any auto).
3. Workers' Compensation insurance as required by the State of California and Employer's Liability
Insurance.
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 volunteers. Any
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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.
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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City of San Luis Obispo
Specification No. 9xxxx
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I. REFERENCES
Number of years engaged in providing the services included within the scope of the specifications under
the present business name: .
Describe fully the last three contracts performed by your firm that demonstrate your ability to provide
the services included with the scope of the specifications. Attach additional pages if required. The City
reserves the right to contact each of the references listed for additional information regarding your firm's
qualifications.
Reference No. 1:
Agency Name
Contact Name
Telephone & Email
Street Address
City, State, Zip Code
Description of services provided
including contract amount, when
provided and project outcome
Reference No. 2:
Agency Name
Contact Name
Telephone & Email
Street Address
City, State, Zip Code
Description of services provided
including contract amount, when
provided and project outcome
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City of San Luis Obispo
Specification No. 9xxxx
-16-
Reference No. 3
Agency Name
Contact Name
Telephone & Email
Street Address
City, State, Zip Code
Description of services provided
including contract amount, when
provided and project outcome
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City of San Luis Obispo
Specification No. 9xxxx
-17-
J. 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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City of San Luis Obispo
Specification No. 9xxxx
-18-
BIDDERS LIST
Business Name
Contact Name
Address
City, State and Zip Code
Phone No.
Fax No.
Business Name
Contact Name
Address
City, State and Zip Code
Phone No.
Fax No.
Business Name
Contact Name
Address
City, State and Zip Code
Phone No.
Fax No.
Business Name
Contact Name
Address
City, State and Zip Code
Phone No.
Fax No.
Business Name
Contact Name
Address
City, State and Zip Code
Phone No.
Fax No.
Business Name
Contact Name
Address
City, State and Zip Code
Phone No.
Fax No.
E NOTE: Not to be included with Bidder's Package when mailed or handed out. This should be included
and referenced as an attachment to the Council Agenda Report or City Manager Report.
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