HomeMy WebLinkAboutItem 5g. Authorize a Request for Proposals for the Design of the Watewater Maintenance Shop Item 5g
Department: Public Works
Cost Center: 5009
For Agenda of: 3/1/2022
Placement: Consent
Estimated Time: N/A
FROM: Matt Horn, Public Works Director
Prepared By: Wyatt Banker-Hix, Engineer III
SUBJECT: REQUEST FOR PROPOSALS FOR THE DESIGN OF THE
WASTEWATER MAINTENANCE SHOP
RECOMMENDATION
1. Authorize the issuance of a Request for Proposal (RFP) for the design of the
Wastewater Maintenance Shop and,
2. Authorize the City Manager to execute an agreement with the selected consultant ;
and,
3. Authorize the Finance Director to execute and amend the Purchase Order for the
selected consultant within the available project budget.
DISCUSSION
Background
The Water Resource Recovery Facility (WRRF) upgrade is under construction, with an
anticipated completion date of 2023. WRRF Maintenance staff are housed on site and
maintain the equipment and processes necessary for operation of the plant. The WRRF
upgrade project requires significant advancements in technology and more complex
systems, requiring additional workshop and storage space. Due to the upgrade, WRRF
Maintenance staff have lost the use of their welding and storage building, using shipping
containers instead. A new facility is required to house WRRF Maintenance staff, including
office, meeting, and workshop space.
Furthermore, the Prado Road Interchange envisions a new overcrossing and elevated
ramps at Hwy 101 and Prado Road. These elevated ramps are anticipated to encroach
into the City Corporation Yard and require the removal of the Wastewater Collections
building. Wastewater Collections (WWC) is charged with the maintenance of the City’s
sewer system, and this work group requires office space, meeting rooms, a workshop for
repair of equipment, and a staging area for response vehicles and heavy equipment. With
the Prado Road Interchange projected construction beginning in late 2025, the WWC staff
needs a new facility.
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Item 5g
Staff recognized these needs with the 2021-23 Financial Plan and a capital project for the
design of a new building, the Wastewater Maintenance Shop, to house both the WRRF
Maintenance and WWC staff, has been budgeted for This facility will address the mission
critical office, meeting, workshop, storage, and vehicle staging space needed for both
crews to effectively perform their duties.
See Vicinity Map (Attachment B) for the locations of the existing facilities and proposed
location of the new Wastewater Maintenance Shop.
With this design oriented capital project, staff is seeking a consultant to deliver a plan set
ready to advertise for construction.
Previous Council or Advisory Body Action
The Wastewater Maintenance Shop CIP, project number 1000550 (WRRF and
Wastewater Collection Shop), has been approved by Council1, as part of the 2021-23
Financial Plan (page 502).
Policy Context
City Purchasing Policy for consulting services requires the formal advertisement of this
work when the services exceed $100,000. Due to the specialized nature of designing this
building staff believes this RFP needs to be formally advertised.
The City’s National Pollutant Discharge Elimination System (NPDES) permit requires that
the City’s WRRF meet stringent effluent and biosolids quality requirements. Similarly, as
required by the State, the City’s Sanitary Sewer Management Plan (SSMP), which
describes program requirements for wastewater collection system maintenance,
emphasizes the necessity of adequate facilities to support preventative and corrective
maintenance. The construction of the Wastewater Maintenance Shop will assist staff with
proper implementation of both the NPDES and SSMP.
Public Engagement
The RFP will be publicly advertised, but engagement with the general public will not
occur until the project undergoes advisory body review. The project is anticipated to
require Architectural Review Committee and Planning Commission review.
CONCURRENCE
Utilities and Public Works departments are partnered in the project delivery and concur
with the recommendations of this staff report.
1 July 16, 2019 City Council Minutes
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Item 5g
ENVIRONMENTAL REVIEW
The original WRC was included in the WRRF Environmental Documents. The proposed
Wastewater Maintenance Shop will fall under the existing Environmental Impact Report
(EIR), and a supplement will be required. The RFP itself does not constitute a project
under CEQA Guidelines Section 15378.
FISCAL IMPACT
Budgeted: Yes Budget Year: 2021 – 2022
Funding Identified: Yes
Fiscal Analysis:
Utilities staff identified the need for the Wastewater Maintenance Shop and included
design funds as part of the 2021-23 Financial Plan. The design process is anticipated to
occur over two fiscal years, funds have been allocated to allow the consultant to size the
building for staff’s anticipated needs in Fiscal Year 2021-22. In Fiscal Year 2022-23 a
separate agreement will be executed, for preparation of plans, specifications, and cost
estimates. The RFP also includes construction administration services to assist during
construction. Those services will be executed in a separate contract.
Staff anticipates collaborating with the selected consultant to estimate the construction
costs of the Wastewater Maintenance Shop in order to make recommendations for
construction funding within the 2023-25 Financial Plan.
Funding
Sources
Project
Phase Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
Sewer Fund
FY 21/22
Initial
Design
$150,000 $150,000 $0 $0
Other:
Total $150,000 $150,000 $0 $0
ALTERNATIVES
Deny Authorization to Issue RFP and Execute Agreement – Staff does not
recommend this option, as it would delay execution of this project.
ATTACHMENTS
A - RFP – Wastewater Maintenance Shop
B - Wastewater Maintenance Shop Vicinity Map
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Notice Requesting Proposals for Architectural Design Services
Specification No. 1000550
The City of San Luis Obispo is requesting sealed proposals from interested consultants to provide for Architectural
Design Services required for City projects pursuant to Specification No. 1000550. The City proposes to select one
qualified consultants to perform these services for the duration of the project.
Description of Services:
In general, the successful applicant will provide schematic and design development services for a new building to be
constructed on City property. Selected Consultants will prepare high quality construction plans and specifications in
accordance with City requirements and standards. Consultants with similar project experience are encouraged to
submit proposals.
Qualification Submittal Deadline:
Sealed qualification submittals shall be mailed to the following address:
City of San Luis Obispo
Public Works Administration
Attn: Wyatt Banker-Hix
919 Palm Street
San Luis Obispo, CA 93401
Qualification submittals delivered in person will not be accepted. All mailed bids must be delivered and in possession
of the project manager by 5:00 P.M. on April 21, 2022.
Submittals received after said time will not be considered. To guard against pr emature opening, each proposal shall
be submitted to the Public Works Department in a sealed envelope plainly marked with the following:
RFP title
Specification number
Consultant name
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 proposal is maintained on the web page.
Questions
Contact Wyatt Banker-Hix at (805) 783-7859 or wbanker@slocity.org with any questions regarding this Request for
Qualifications.
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Specification No. 1000550
TABLE OF CONTENTS
DESCRIPTION OF WORK ........................................................................................................................................... 3
PROPOSAL CONTENT AND SELECTION PROCESS ............................................................................................... 8
PROPOSAL CONTENT ........................................................................................................................................... 8
PROPOSAL EVALUATION AND CONSULTANT SELECTION .............................................................................. 8
FORM OF AGREEMENT ............................................................................................................................................ 10
PROPOSAL SUBMITTAL FORMS ............................................................................................................................. 18
ACKNOWLEDGEMENT ......................................................................................................................................... 18
INSURANCE CERTIFICATE .................................................................................................................................. 18
STATEMENT OF PAST CONTRACT DISQUALIFICATIONS ............................................................................... 19
REFERENCES ....................................................................................................................................................... 19
INSURANCE REQUIREMENTS: Consultant Services ............................................................................................. 21
APPENDICES ...............................................................................................................Error! Bookmark not defined.
Appendix 1: Federally Funded Contract Forms ........................................................Error! Bookmark not defined.
Appendix 2: Capital Asset Management Plan ..........................................................Error! Bookmark not defined.
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Section A
DESCRIPTION OF WORK
The City is looking for a consultant team to assist with the delivery of a new building called the Wastewater
Maintenance Shop.
PROJECT BACKGROUND:
The City of San Luis Obispo is currently upgrading it’s wastewater treatment plant, the Water Resource Recovery
Facility (WRRF). This major project, known as SLO Water Plus is expected to be completed in 2023. SLO Water Plus
will displace maintenance staff and require additional workshop space, necessitating the construction of a new
building.
The nearby Prado Interchange project will require the removal of the Wastewater Collections (WWC) building,
necessitating staff office and workshop space be relocated to this new space as well. The Prado Interchange is
expected to begin construction in 2025.
A single building containing the displaced staff and workshop space is envisioned on the WRRF campus, called the
Wastewater Maintenance Shop (WMS). A previous building called the Water Resource Center was designed to be
constructed as part of the WRRF project as an additive alternate, encompassing the needs described above as well
as the additional staff and education facilities. This building was removed from the WRRF project.
The City will now pursue the WMS, and seeks consultant services to assist with the study and design phases of this
new facility.
PROJECT SCOPE:
The City Utilities Department envisions a new building, called the Wastewater Maintenance Shop located on the
WRRF campus. In order to facilitate an efficient and equitable design, the City will award this project to a team for
both a study and design phase, each of which will be funded separately after consultation with the successful
consultant.
This building will house WRRF maintenance and WWC staff, serving as office and workshop space. This building
should anticipate a design life of 50 years. The following spaces are envisioned:
Office space for (4) WRRF maintenance staff and (1) maintenance Chief office
Office space for (5) WWC staff + (1) floating office cubicle and (1) WWC supervisor office
Office space for (1) WRRF Supervisor office
Break room with kitchen
Library
(2) Meeting spaces
Mud/Changing Room with lockers
Laundry space
Showers and restrooms with gender-neutral facilities
Separate Workshop space(s) for WRRF and WWC staff
o High ceilings to allow for gantry cranes
o Separate spaces for welding and sand blasting
o Hazmat space
o Shelves and mezzanines for equipment storage
Covered outdoor spaces
o Equipment repair space
o Parking of service vehicles, including vactor trucks and trailers
o Wash rack
Parking spaces for staff and visitors
Additive Alternates:
Office space for (2) Information Technology Staff
Work/server space for (2) Information Technology Staff
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Additional restroom and lockers for operations staff, as their facility (the Ops Building located nearby) is not
American Disabilities Act (ADA) compliant
(2) floating office for Utilities Admin staff
The City also wishes the successful consultant to consider the following:
This facility must be Carbon Neutral as part of the City’s Climate Change Initiative Components of this facility
must include but are not limited to:
o Rooftop Solar
o Vehicle and tool charging stations
o Pursuit of LEED Certification
Modular construction allowing for easy addition of future spaces – additional office, lab and workshop spaces
CONSULTANT SUBMITTAL:
Please submit a proposal for providing the following services:
Schematic Design (Phase I):
o Interview Utilities field and office staff who will use the facility to identify their needs and desires
o Review existing facilities field and office staff currently utilize to complete their work tasks
o Interview Utilities Administration staff to confirm project objectives and long term staffing vision for
WMS
o Review precedent and staff interviews to present space sizes and configuration for City review
o Using precedent, interview and project information, present a building system, project footprint and
material system
o Produce a memorandum detailing the steps needed to minimize greenhouse gas emissions during
construction, and the operation of a carbon neutral facility post-construction
o Begin an alternative analysis for the additive alternates listed above
o Review of grant and loan opportunities for this project and the feasibility of their pursuit
o Produce a scope, schedule and cost for this and future services as part of this proposal. City forces
anticipates a 9 month timeline for this phase.
Design Development (Phase II):
o Preliminary and final building design, including:
Architectural services
Structural Engineering
Mechanical and HVAC Engineering
Electrical Engineering
Civil Engineering
Surveying, geotechnical and other services as needed
Constructability analysis
o The following sheets are anticipated at a minimum:
Title and Note sheets
Code Anaysis/Occupancy Sheet
Accessibility Details
Architectural Renderings and Elevations
Architectural Site Plan
Architectural Floor Plans
Finish and Furniture Plans and Schedules
Structural plans, sections and details
Electrical and Communication plans, sections and details
Plumbing, Mechanical and HVAC plans, sections and details
Civil Site plans and details
Landscaping and Irrigation plans and details
o Project scope, schedule and budget documents as needed throughout construction . City forces
anticipates a 14 month timeline for this phase.
Construction (Phase III):
o Construction Administration services throughout construction
o Assist City and Construction Management team (separate team) with design issues and RFI
reviews
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Required Deliverables:
Schematic Design:
Meeting agendas and minutes for all consultant-lead meetings. Action items must be included with follow
up dates
Weekly correspondence with City Project Manager, either as an e-mail, meeting or phone call to review
action items
Detailed schedule showing action items and anticipated timelines. Expect to update schedule after major
milestones, at least (2) per year
Monthly meetings between consultant and City team to review progress made, discuss items requiring City
input, and review action items
Interview summary from field and office staff – future WMS users
Interview summary from Utilities Admin staff – long term vision of WMS use and staffing needs
Review of existing office and workshop spaces
Concept office and workshop space layouts
Memo justifying office and worshop sizes and layouts
Architectural Precedent Memo justifying building and material type, orientation, ect…
Concept WMS layout
o Renderings
o Layout and Sections
o Site plan
Environmental impacts memo detailing methods to minimize greenhouse gas reductions during
construction and obtain operation of a carbon neutral facility
Memo detailing availability of alternative funding sources (grants, low-interest loans) related to this project
and feasibility of pursuit
Scoping document summarizing study phase and recommendations
Simplified Proposal for next phase of work detailing agreed-upon scope, schedule and fee
Design Development:
Meeting agendas and minutes for all consultant-lead meetings. Action items must be included with follow
up dates
Weekly correspondence with City Project Manager, either as an e-mail, meeting or phone call to review
action items
Detailed schedule showing action items and anticipated timelines. Expect to update schedule after major
miles, at least (2) per year
Creation of a communication plan and project website with regular updates throughout design and
construction
Concept WMS Building and Site plans
Structure memo – detailing structural systems and anticipated loads WMS will be designed for
30% Plans and cost estimate
50% Plans and cost estimate
Constructability memo – project review with the intent of minimizing construction time and cost. Include a
Construction Management firm or other company capable of performing this analysis separate from primary
design team
90% Plans, Specifications and Cost Estimate
Attendance and presentations to the Architectural Review Committee (1 meeting), Planning Commission (1
meeting) and City Council (2 meetings)
100% Plans, Specifications and Cost Estimate
Final Plans, Specifications and Cost Estimate
The City will provide review comments for each deliverable, with a timeframe of approximately 4 weeks depending
on size and complexity. Consultant may also anticipate minor revisions to the 100% PS&E prior to City Engineer
approval of Final PS&E.
City is the CEQA lead agency and will provide a supplement to the existing WRRF EIR for this project. No
consultant environmental services will be required for this supplement. Consultant assistance with advisory body
meetings and responses to comments will be required.
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Section 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 Proposal (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 materials. 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
copy 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 13 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 Engineer 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
proposals will be opened and declared publicly. Consultants or their representatives are invited to be present
at the opening of the 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 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 Proposals. When specifically requested, the proposer may submit an alternative proposal (or
proposals) that it believes will also meet the City's project objectives but in a different way. In this case, the
proposer must provide an analysis of the advantages and disadvantages of each of the 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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CONTRACT AWARD AND EXECUTION
10. Proposal Retention and Award. The City reserves the right to retain all proposals for a period of 60 days for
examination and comparison. The City also reserves the right to waive non substantial irregularities in any
proposal, to reject any or all proposals, to reject or delete one part of a proposal and accept the other, except to
the extent that proposals are qualified by specific limitations. See the "Special Terms and Conditions" in
Section C of these specifications for proposal evaluation and contract award criteria.
11. 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.
12. Contract Requirement. The Consultant to whom award is made (Consultant) shall execute a written contra ct
with the City within ten (10) calendar days after notice of the award has been sent by mail to it at the address
given in its proposal. The contract shall be made in the form adopted by the City and incorporated in these
specifications.
13. 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.
14. 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.
15. 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; any bid security will be forfeited in
accordance with the special terms and conditions if a Consultant's bond or security is required; and an award
may 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 awa rd was made.
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Section C
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. Understanding of the project and team’s approach in project delivery.
b. Experience of your firm in performing architectural work for government clients and facilities, as well as the
construction of new building facilities that feature office and workshop space.
c. Experience of the staff to be assigned to this work in performing similar services.
d. Redundancy in the project team who are experienced in this type of work .
e. Resumes of the individuals who would be assigned to the project team.
f. Proximity and staffing levels to the City of San Luis Obispo.
g. Statement and explanation of any instances where your firm has been removed from a project or disqualified
from proposing on a project.
h. Project Fee and Schedule, including biling rates for team
i. Detailed list of services available directly from your team available to this project.
3. Work Program
a. Description of your approach to working with City staff to achieve their goal of completing the assigned
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. Three copies of the proposal must be submitted.
c. One 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:
5. Written Proposal Review/Finalist Candidate Selection
Evaluation of the qualification proposals will be based on the following qualifications:
1. Understanding of the work involved in completing structural engineering work.
2. Demonstrated competence, professional qualifications of proposed staff.
3. Recent experience in successfully performing similar services .
4. Responses from provided references.
5. Fee for proposed work
Qualification proposals will be reviewed by a selection committee and ranked in accorda nce with the above
criteria. Where one or more qualification proposals are rated consistently higher than others, the consultant s
may be selected as the top ranked consultants for purposes of contract negotiation.
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Alternatively, a group of finalist candidates (generally the top 3) may be selected for follow-up interviews and
presentations, or requests for additional clarifying information, before the final top ranked consultants for contract
negotiation are determined.
6. Proposal Review and Award Schedule
The following is an outline of the anticipated schedule for proposal review and contract award:
Issue RFP ......................................................... March 8, 2022
Receive qualification proposals ......................... April 11, 2022
Complete proposal evaluation ............................. May 2, 2022
Award contract ..................................................... May 9, 2022
Execute contract ................................................. June 6, 2022
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Section D
FORM OF AGREEMENT
AGREEMENT
THIS AGREEMENT is made and entered into in the City of San Luis Obispo on _____________ 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 ___________, requested proposals for _______________.
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 and covenants hereinafter
contained, the parties hereto agree as follows:
1. Contract Term. The term of this agreement shall be from the date this Agreement is made and entered, as first
written above, until acceptance and completion of said services.
2. Incorporation by Reference. City Specification No. ______ and Contractor's proposal dated [date] is hereby
incorporated in and made a part of this Agreement and attached as Exhibit A.
3. Consultants’ Obligations. For and in consideration of the payments and Agreements herein before m entioned
to be made and performed by City, Consultant agrees with City to provide services as set forth in ______
4. Cost Increases. Labor rates during the contract term may be increased on an annual basis to reflect projected
increases in labor costs and overhead provided those increases are incorporated into the Consultant’s Proposal,
which is incorporated into this agreement by reference.
5. 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 c auses of same.
6. Termination for Cause. 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
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
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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 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.
7. 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
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 City’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.
8. 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.
9. 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 identified 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.
10. 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.
11. 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.
12. 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 s hall also include authorized representatives of the State and
Federal government. Copies shall be furnished if requested.
13. 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.
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14. 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.
15. 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 annul 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
consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent
fee.
16. 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 phases of construction, including
but not limited to, inspection and land surveying work.
17. Payment of Taxes. The contract prices shall include full compensation for all taxes that the Consultant is
required to pay.
18. 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 including building and regulatory permit application
fees. Consultant will provide a 10 day notice for the City to issue a check.
19. Safety Provisions. The Consultant shall conform to the rules and regulations pertaining to safety established
by OSHA and the California Division of Industrial Safety.
20. 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.
21. 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.
22. 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 Imm igration
Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work
hereunder.
23. 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.
24. Accuracy of Specifications. The specifications for this project are believed by the Cit y 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 have been ascertained by
examining either the project site or accurate test data in the City's possession. Although the effect of ambiguities
or defects in the specifications will be as determined by law, any pa tent ambiguity or defect shall give rise to a
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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 pat ent 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.
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.
25. 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, excep t
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 subcontractor employed by Consultant shall be conclusively deemed to be the
negligence, recklessness or willful misconduct of Consultant unless adequately corrected by Consultant. In
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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.
(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.
26. Non-Exclusive Contract. The City reserves the right to contract for the services listed in this proposal from
other consultants during the contract term.
27. Standards. Documents shall conform to City Standards and City furnished templates shall be used.
28. Consultant Endorsement. Technical reports, plans and specifications shall be stamped and signed by the
Consultant where required.
29. 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 22x34 sheet 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 Con sultant and, where necessary, the
Consultant will respond to staff comments and make such changes as deemed 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.
2 copies of the interview summaries, concept layouts, memos and scoping documents produced during the
Schematic Design phase
1 copy of the final interview summaries, concept layouts, memos and scoping documents produced during the
Schematic Design phase
2 copies of the 30% plans
2 copies of the 50% plans, specifications and estimate plus 30% markups
2 copies of the 90% plans, specifications and estimates plus 50% markups
2 copies of the 100% plans, specifications and estimates plus 90% markups
1 copy of the final record drawings after construction
2 copies of the memos and documents produced during the Design Development Phase
Draft reports and plan submittals shall be submitted as digital and paper copies when requested.
Final documents shall be submitted as camera-ready original, unbound, each page printed on only one side,
including any original graphics in place and scaled to size, ready for reproduction AND one electr onic 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.
In the event the City will be completing the Record Drawings, the final plans will also be required to be submitted
in AutoCAD.
Electronic files shall be submitted on flashdrives and all files must be compatible with the Microsoft operating
system. Each flashdrive must be clearly labeled and have a printed copy of the directory. Files may be emailed
to the City in lieu of putting them on flashdrive.
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30. Ownership of Materials. Upon completion of all work under this contract, own ership 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 with
any use by City of the project documentation on other projects, except such use as may be authorized in writing
by the Consultant.
31. 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, regard ing
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.
32. 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.
33. Attendance at Meetings and Hearings. As part of the workscope and included in the contract price is
attendance by the Consultant at up to 4 public meetings to present and discuss its findings and recommendations.
Consultant shall attend as many "working" meetings with staff as necessary in performing workscope tasks.
34. Requests for Review. The Consultant shall respond to all requests for s ubmittal review or contractor RFI’s
within two weeks of receipt of the information from the City.
35. Project Proposal Submittal. Upon completion of the project scoping meeting, the Consultant shall submit a
proposed workscope, compensation and schedule within 10 working days. The cost proposal shall include all
costs including miscellaneous direct cost items.
36. Consultant Invoices. The Consultant shall deliver a monthly invoice to the City, itemized by project work phase
or. Invoice must include a breakdown of hours billed and miscellaneous charges and any sub-consultant
invoices, similarly broken down, as supporting detail.
37. 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
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 Personne l Administration rules.
38. Payment Terms. The City's payment terms are 30 days from the receipt and approval by the City of an original
invoice and acceptance by the City of the materials, supplies, equipment or services provided by the Consultant
(Net 30).
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39. 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 Cit y 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.
.
40. Agreement Parties.
City: Wyatt Banker-Hix
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.
41. Amendments. Any amendment, modification or variation from the terms of this Agreement shall be in writing
and shall be effective only upon approval by the City Manager.
42. Working Out of Scope. If, at any time during the project, the consultant is directed to do work by persons othe r
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.
43. 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.
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
___________________________________
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Derek Johnson, City Manager By:
Name of CAO/President
Its: CAO/President
APPROVED AS TO FORM:
___________________________________
Christine Dietrick, City Attorney
(2nd signature required if Corporation):
________________________________
By:
Name of Corporate Officer
Its: ____________________
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Section E
PROPOSAL SUBMITTAL FORMS
ACKNOWLEDGEMENT
The undersigned declares that she or he:
Has carefully examined Specification No. 1000550
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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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
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
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. 2
Customer Name
Contact Individual
Telephone & Email
Street Address
City, State, Zip Code
Date of Services
Contract Amount
Description of Services
Project Outcome
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
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Section F
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 shal l 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 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 s hall 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 be fore work
commences.
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of110SCALE IN FEET200 4000PLANCITY SPECIFICATION NO.DATE:PROJECT TITLE:SHEET TITLE:SHEET NO.DESIGNED BY:DRAWN BY:CHECKED BY:APPROVED BY:SCALE:PLAN FILE NO. / LOCATIONWASTEWATER MAINTENANCE SHOPWBHWBHWBHBNAS SHOWNFEB 20221000550VICINITY MAP---G:\Projects\ActiveProjects\Buildings and Structures\1000550 - Water Resource Center\450 Design Working Documents\454 CAD\454.2 Drawings\CAR Exhibit - Vicinity Map.dwgPage 125 of 231
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