HomeMy WebLinkAboutItem 6e. Authorize RFP for Consultant Services for the Prado Road Interchange Project Item 6e
Department: Public Works
Cost Center: 5010
For Agenda of: 8/16/2022
Placement: Consent
Estimated Time: N/A
FROM: Matt Horn, Public Works Director
Prepared By: Wyatt Banker-Hix, Engineer III
SUBJECT: AUTHORIZATION TO ADVERTISE REQUEST FOR PROPOSALS FOR
CONSULTANT SERVICES TO PROVIDE SPECIALIZED SERVICES FOR
THE PRADO ROAD INTERCHANGE PROJECT
RECOMMENDATION
1. Authorize advertisement of a Request for Proposals for Value Analysis (VA) services
for the Prado Road Interchange Project; and
2. Authorize advertisement of a Request for Proposals for design services in the Project
Approval/Environmental Document (PA/ED) phase of work in a form agreed on by the
City Engineer and City Attorney; and
3. Authorize advertisement of a Request for Proposals for design services in the Plans,
Specifications, and Estimate (PS&E) Phase of work in a form agreed on by the City
Engineer and City Attorney; and
4. Authorize the City Manager to execute an agreement with the selected consultant in
each case; and
5. Authorize the City Engineer to execute and amend the Purchase Order for selected
consultants if within the available project budget.
REPORT IN BRIEF
The Prado Road Interchange is a Capital Improvement Plan (CIP) project that will install
a bridge over US 101 connecting Prado Road to Dalidio Drive. The scope and scale of
this project is large and considered a legacy project that supports several Major City
Goals, General Plan policies, and is a condition of multiple project Environmental Impact
Reports. This project is following the Caltrans project delivery process and is currently in
the Project Approval Environmental Document (PA/ED) phase of delivery. Staff requests
authorization to advertise for a series of specialized consultant services (Attachment A)
including: additional design services to support the PA/ED phase as well as the Plans,
Specifications, and Estimates (PS&E) phase of project delivery in addition to the Value
Analysis consultant services that are required by the Federal Government to be
completed.
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Item 6e
POLICY CONTEXT
The Prado Interchange Project supports the Major City Goals of: Housing and
Homelessness as well as Climate Action, Open Space and Sustainable Transportation .
The Land Use and Circulation Element (LUCE) of the General plan identifies a lack of
multi-modal east-west connections across town, which this project proposes to address.
The 2021 Active Transportation Plan and prior 2013 Bicycle Transportation Plan identified
the need for separated cycle tracks and sidewalks on the interchange to create a truly
multi-modal link across town.
The General Plan also identifies the Prado Interchange as essential in facilitating growth
in the Southern portion of the City. Many of the trips generated from proposed
development projects will utilize the Prado Interchange as an east-west link.
Environmental documents from the developments in this area of the City are relying on
the installation of the Prado Interchange to address traffic congestion and circulation
deficiencies.
Continuation of the PA/ED and PS&E services is necessary to ensure smooth project
delivery and to minimize schedule delays.
DISCUSSION
Background
The Prado Interchange Project proposes to complete three major roadway improvements.
The first component of the project will connect Prado Road to Dalidio Drive by installing
a bridge over US 101. Currently at Prado Road there are existing Northbound on and off
ramps that will be reconnected, but they are proposed to be elevated to connect to the
new bridge structure. The second component of the project is the realignment of Elks
Lane behind the new Regional Transit Authority (RTA) facility and the 40 Prado Road
Homeless Services Center and reconnecting to Prado Road at the City’s Water Resource
Recovery Facility entrance. Finally, Prado Road will be widened to provide a continuous
multi-modal corridor that accommodates projected traffic needs from the Prado
Interchange Bridge to the Prado Creek Bridge Replacement Project that is currently in
design and scheduled to start construction prior to the Prado Interchange Project. The
Prado Interchange Project does not install Southbound on and off ramps as this would
unnecessarily delay project delivery and create interchange spacing issues with traffic on
US 101.
The Interchange design process started in 2016 with the Project Study Report and
continued with the 2018 kickoff of the alternatives analysis and environmental document
phase of the project. Staff is currently working with a team of consultants to evaluate each
alternative for the traffic, environmental, and financial impacts.
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Item 6e
Caltrans Oversight and Project Development Processes
This project is a partnership between the City and Caltrans. Caltrans is assisting the City
with project delivery and will eventually assume maintenance of portions of this facility.
Throughout the process (from planning to construction), Caltrans staff review and
approve major deliverables to ensure compliance with their standards . Once the
interchange is constructed and delivered according to Caltrans standa rds, they will
assume maintenance for the bridge structure.
The Caltrans interchange delivery process 1 is divided into the Project Study Report,
Project Alternative and Environmental Document (PA/ED) and Plans, Specifications and
Estimate phases (PS&E).
Each phase and their key deliverables are summarized below:
Caltrans Project
Delivery Phase
Key Deliverables Status
Project Study
Report
--- Study Report – Interchange
Feasibility
Complete
PA/ED. Project
Alternatives and
Environmental
Document
--- Traffic Study
--- 30% Plans and Estimates (all
alternatives)
--- Project Report
--- CEQA Document (Initial Study –
Mitigated Negative Declaration)
NEPA Document (Categorical
Exemption)
--- Value Analysis
In Progress
PS&E Project
Plans,
Specifications, and
Estimates
--- 50% Project Plans and Estimates
--- 90% Project Plans, Specifications,
and Estimates
--- 100% Project Plans, Specifications,
and Estimates
--- Final Plans, Specifications, and
Estimate to advertise
Not Started
To date, the Project Study Report Phase has been completed and the PA/ED phase is in
progress.
1 A more thorough description of the Caltrans delivery process can be found here: https://dot.ca.gov/-
/media/dot-media/programs/sustainability/documents/2011-how-caltrans-builds-projects-a11y.pdf
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Item 6e
Project Approval / Environmental Document (PA/ED) Phase
Consultant Back Up Plan to complete this project phase. The Prado Interchange is a
large and complex project and each phase of the project requires multiple years of effort.
The City is currently nearing the end of the PA/ED phase, but throughout PA/ED
development staff have experienced times of insufficient consultant communication and
accountability resulting in deliverable delays. Staff have resolved the immediate
challenges with the consultant team and the project is meeting realistic schedule goals.
However, because of the critical timing of this project, in the event that the consultant’s
performance becomes insufficient again, staff are seeking authorization with this report
to hire new or additional consultants to serve as back up help to quickly deliver this phase
of the project.
CEQA and NEPA Reviews. Staff and the consultant design teams are currently engaged
in submitting the Project Report and Environmental Documents to Caltrans for their
review. This is a major milestone in the process and allows the C alifornia Environmental
Quality Act (CEQA) Document to begin public review. After the CEQA document is
certified complete, the City will submit the Final Project Report declaring the City’s
preferred alternative and desire to begin the PS&E phase of project delivery.
Value Analysis A Value Analysis is an important step in the PA/ED process that involves
hiring a third-party consultant who is qualified to perform a five-day workshop with City
and Caltrans staff. This process is a federal and state requirement for any project with a
construction budget of $25 million or greater. The project scope, schedule, and budget
will be discussed with the hopes of identifying cost and time savings. As these consultants
are separate from the design team and specialized in nature, staff requests Council
authorization to seek their services. The Value Analysis consultant will review the
following preliminary design documents:
Structure width and roadway cross section
Structure span length, column dimensions and construction type
Costs of each alternative
Design schedule
Construction schedule
Anticipated Right of Way Acquisition costs
This review will culminate in a report for City and Caltrans staff to discuss and implement.
Plans, Specifications, and Estimate (PS&E) Phase
The next phase of project development following completion of the PA/ED is final design,
termed PS&E. After the preferred alternative is chosen and environmental documents
certified, final design of the interchange can begin.
This will be another multi-year contract and requires several months of seeking and
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Item 6e
choosing a qualified consultant to assist City staff. In order to smoothly transition to the
PS&E phase of this project, staff recommends authorization of consulting services to
avoid administrative delay when the time comes to acquire those consultant services.
Schedule and Next Steps
The project delivery schedule is shown in the figure below.
City staff anticipate completing the PA/ED phase in 2024 and the signing of a Cooperative
Agreement with Caltrans that year to start the PS&E design. During that time, staff will
also search for a design consultant for the next project phase.
Once City and Caltrans staff agree that design work is complete, the PS&E phase will
close and the project will be advertised for construction bids. Staff anticipate construction
to begin at the end of the calendar year 2025.
Previous Council or Advisory Body Action
On July 17, 2018, City Council approved the Supplemental Environmental Impact Report
(SEIR) for the San Luis Ranch Development (Staff Report, Minutes). The SEIR detailed
the impacts of the development and need for the Prado Interchange Project. However,
the San Luis Ranch development was allowed to proceed independent of the Prado
Interchange schedule. Due to project complexity and project lead times necessary for
project development as outlined in the Caltrans process, development of the Interchange
project is not aligned with the build-out of San Luis Ranch.
On April 12, 2018, Caltrans and the City signed a cooperative agreement (Attachment B)
pursuing PA/ED of the Prado Interchange project. The agreement laid out the
responsibilities of financing, design, and project approval.
Public Engagement
Public engagement regarding the Prado Interchange was performed extensively as part
of the San Luis Ranch Environmental Impact Report, authorized in 2018.
Future public engagement is planned as part of this project’s environmental document ,
including with the Initial Study – Mitigated Negative Declaration that is planned to be
advertised to the public later this fall.
Fig. 1: Prado Interchange - Project Timeline to Construction
Project Phase Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4
PA/ED
PS&E
Advertise
Construction
FY 22/23 FY 23/24 FY 24/25 FY 25/26
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Item 6e
CONCURRENCE
Public Works concurs with the recommendations of this report. Caltrans concurs with the
recommendation to hire a Value Analysis consultant.
ENVIRONMENTAL REVIEW
Both CEQA and Federal National Environmental Policy Act (NEPA) environmental reports
are being prepared as part of the PA/ED phase. The Value Analysis is a third-party review
of design and scheduling choices only.
Authorization of consulting services will not affect the recommendations of the CEQA nor
NEPA documents.
FISCAL IMPACT
Budgeted: Yes Budget Year: 2021-2022, 2022-2023,
Funding Identified: Yes 2023-2024
Fiscal Analysis:
As the Prado Interchange is a multi-phased legacy project, funding for the PA/ED Phase
will be discussed separately from the PS&E Phase.
PA/ED Phase:
Funding was identified as part of the 2021-2023 Financial Plan for this phase of the
project, of which there is adequate funding to continue the current design contract and
seek Value Analysis services. Note that due to the uncertain nature of the work that could
remain in the PA/ED phase should additional consultant services be required, all available
unencumbered funds have been budgeted for these tasks as shown below:
Funding
Sources
Total Budget
Available
Current
Funding
Request (VA +
PA/ED)
Remaining
Balance
Annual
Ongoing
Cost
General Fund $500,000 $500,000 $0 N/A
State
Federal
Fees
Other:
Total $500,000 $500,000 $0 N/A
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Item 6e
PS&E Phase:
Funding for the PS&E Phase has been identified in the 2022 -2023 fiscal year. Funding
sources include an agreement between the City and County, as well as potential
unsecured grant funding. Since the PS&E phase will not begin until 2024, staff will re-
assess funding needs during the upcoming budget cycle and incorporate in the 2023-25
Financial Plan. Updated construction estimates will also be sought to address the inflation
currently seen in roadway construction. The current available funding is as follows:
Funding
Sources
Total Budget
Available
Current Funding
Request (PS&E)
Remaining
Balance
Annual
Ongoing
Cost
Local
Revenue
Measure
$1,910,000 $1,910,000 $0 N/A
Fees:
Transportation
Impact
$429,450 $429,450 $0 N/A
State
Federal
Other: Airport
Area Impact
Fee
$130,000 $130,000
Other: County $1,435,000 $1,435,000. $0
Total $3,904,450 $3,904,450 $0 N/A
ALTERNATIVES
Deny Authorization to Issue RFPs and Execute Agreements. Staff does not
recommend this option as it would delay execution of this project. A Value Analysis is
required to complete this project phase. Delay of the RFPs for any additional PA/ED
services or the PS&E contract would result in further escalation of project cost.
ATTACHMENTS
A – RFP for Value Analysis for the Prado Interchange
B – PA/ED Agreement between City and Caltrans for the Prado Interchange
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Notice Requesting Proposals for Prado Interchange Value Analysis
Specification No. 91613
The City of San Luis Obispo is requesting sealed proposals from interested consultants to provide for Value Analysis
(VA) Services required for City projects pursuant to Specification No. 91613. The City proposes to select one qualified
consultants to perform these services for the duration of the study.
Description of Services:
In general, the successful applicant will provide a Value Analysis for the Prado Interchange Project consistent with
California Department of Transportation (Caltrans) standards. This includes a Pre-Study meeting with site visit,
creation of VA metrics, draft recommendations and presentation to a VA team. The VA team will meet over the course
of 4-7 days, during which the consultant will steer the team into reviewing and recommending actionable
improvements to the project. This process will culminate in a draft and final report, which the City will review and
respond to.
The City will follow the typical Request for Proposal (RFP) process, and request tw o (2) separate submittals. One
submittal shall contain the project understanding, approach and team. The other proposal, separately sealed, shall
contain the fee and schedule information. City staff will not open the Fee and Schedule proposal if the consul tant is
not chosen, and will return the sealed envelope. The consultant ranked 2nd will keep their sealed proposal in case an
agreement cannot be reached with the 1st ranked consultant, for (3) months.
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
Ensure each the Fee and Schedule submittal is separately sealed. 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
September 23rd, 2022.
Submittals received after said time will not be considered. To guard against p remature 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
Either “Project Understanding/Approach” or “Fee and Schedule” titles
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
Proposals.
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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 ............................................................................................................................. 17
ACKNOWLEDGEMENT ......................................................................................................................................... 17
INSURANCE CERTIFICATE .................................................................................................................................. 17
STATEMENT OF PAST CONTRACT DISQUALIFICATIONS ............................................................................... 18
REFERENCES ....................................................................................................................................................... 18
INSURANCE REQUIREMENTS: Consultant Services ............................................................................................. 20
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Section A
DESCRIPTION OF WORK
The City is looking for a consultant team to guide the City team through the successful Value Analysis process .
PROJECT BACKGROUND:
The City of San Luis Obispo is growing in the southern half of City limits. There are multiple residential, mixed use
and commercial developments proposed, in design and in construction throughout the City, but most are concentrated
in the south east quadrant of the City. Staff anticipates traffic to increase significantly along Prado Road, and is in the
process of delivering a new interchange in that area:
At the intersection of Highway 101 and Prado Road there is an existing, at -grade interchange. This includes a north
bound on and off ramp (both at-grade) as well as the intersection of Elks Lane, a local City street. In order to
accommodate growth, relieve traffic throughout the City and along the highway, as well as provide a more efficient
cross town connection, City staff are working on the design of a new interchange at that location. The new interchange
will include an overcrossing over Highway 101, elevated north bound on and off ramps, a relocated Elks Lane and
the widening of Prado Road up to the new Prado Bridge. Due to regional flooding concerns, the entire elevated
portion of the project will be on columns (viaducts) instead of fill slopes, result ing in dozens of columns and major
bridge work.
While City forces lead the project, Caltrans is a valued partner who will assume maintenance duties after completion,
and will need to be consulted throughout the design process. There are also regional par tners who have contributed
funding towards this project, namely San Luis Obispo County and the San Luis Obispo Council of Governments
(SLOCOG) who will need to be appraised of design decisions. Multiple properties, including a residential development
under construction, a regional bus and a homeless shelter, as well as commercial facilities are located near the
project limits.
Due to Caltrans involvement, the City is following Caltrans Interchange delivery standards, and is currently in the
PA/ED phase (Project Alternatives/Environmental Document). Different types of interchanges are currently being
considered, with a chosen alternative predicted in 2023. After that, a new contract for final design services will be
advertised, with construction ultimately anticipated to begin in 2025.
Staff anticipates the Value Analysis process to begin in the Fall of 2022 and end later that year. Said Value Analysis
must follow the Caltrans VA Program guidelines found at Value Analysis | Caltrans. Both Caltrans and City staff will
be involved throughout the VA process, including consultant selection.
PROJECT SCOPE:
The City seeks a Certified Value Specialist (CVS) as defined by SAVE International ® to lead the project team through
a federally mandated VA Study for the Prado Interchange. City understanding of the VA process is as follows:
1. Selection of VA Consultant by City staff.
2. City, Caltrans and Consultant staff will meet to establish performance metrics, develop VA team, review
impacts, set limitations, and discuss logistics for a successful project (Pre-Study Meeting)
3. VA Consultant will lead team through the Caltrans VA activities (including a site visit) to draft
recommendations which best meets the needs of the project.
4. VA team meets with wider project team to review recommendations and discuss potential project scope,
schedule and budget changes:
a. Anticipate City, Caltrans and outside agency staff and administration to be present
b. Budget 5 days of intensive workshops in person. City staff will coordinate location.
5. Consultant produces draft VA report with VA team input
6. Stakeholders/Decision makers reviews draft VA report to decide on implementation
7. Consultant produces final VA report for City and Caltrans review. Include which recommendations the
decision makers choose to implement and their reasoning
CONSULTANT SCOPE OF WORK:
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Please submit a proposal for providing Value Analysis services per the Caltrans VA program:
Preparation Phase
VA Study Workshop
Determine Disposition
Report Results
Required Deliverables:
Project Management:
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
Monthly meetings between consultant and City team to review progress made, discuss items requiring City
input, and review action items. Note there are existing standing meetings between project staff that could
be utilized.
Preparation:
Attend 2-hour meeting with project leads and team leader to define roles and responsibilities, study goals
and objectives. This includes:
o Draft Study Charter
o Confirm team selection
o Identify team roles (stake holders, technical reviewers….)
o Data collection and study dates
o Performance requirements
o Distribution of necessary project data and construction cost models
VA Study Workshop:
Kickoff meeting with City, Caltrans, Consultant and other stakeholders
Presentation to team
o Design concept
o Stakeholder interests
o Project issues and objectives
o Design Exceptions
o Rate baseline concept
o (1) Site Visit by VA team
Analyze project data, include FAST diagram, risks and cost drivers
Ideation session with team
Evaluation of ideas
Development of project alternatives
o Cost/benefits
o Concept sketches and calculations
Critique alternatives
Present alternatives to team and administration
Determine Disposition:
Document VA Study
o Process and Study Findings
o Summary Report
o Preliminary Findings
o Distribute report
Assess Alternatives
o Assist as needed (mostly completed by City and Caltrans project team)
Resolve Alternatives
o Review implementation dispositions
o Implementation meeting
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o Resolve implementation actions
o Document decisions
o Develop Implementation Action Memo
Finalize Alternatives
o Meet with Project Manager to discuss alternatives
o Resolve any conditionally accepted alternatives
o Develop implementation plan
o Authorize implementation plan
o Final presentation of study results
Report Results
Publish Results
o Document process and study
o Incoporate all comments and implementation plan
o Create and distribute Final VA Study Report
o Submit Final Report to Caltrans Headquarters for FHWA audit
The City and Caltrans will partner to provide review comments for each deliverable, with a timeframe of
approximately 4 weeks depending on size and complexity.
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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. A separate sealed envelope shall include the fee and
schedule proposal. 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. Ensure the Fee and Schedule proposal is clearly labeled to prevent confusion. 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 insur ance 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 re presentatives 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 contract
with the City within ten (10) calendar days after notice of the award has been sent by mail to it at the address
given in its proposal. The contract shall be made in the form adopted by the City and incorporated in these
specifications.
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 award 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. VA team leader must be a CVS.
b. Understanding of the project and team’s approach in project delivery.
c. Experience of your firm in performing Value Analysis work per Caltrans guidelines.
d. Experience of the staff to be assigned to this work in performing similar services.
e. Redundancy in the project team who are experienced in this type of work .
f. Resumes of the individuals who would be assigned to the project team.
g. Proximity and staffing levels to the City of San Luis Obispo.
h. Statement and explanation of any instances where your firm has been removed from a project or disqualified
from proposing on a project.
i. Detailed list of services available directly from your team available to this project.
j. Project Fee and Schedule, including biling rates for team (Separate, sealed submission to be opened only
if chosen)
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 (3) copies of the proposal must be submitted. Submit (3) copies of the Fee and Schedule Proposal,
separately sealed
c. One PDF format electronic copy must be submitted on flash drive. One PDF shall be submitted on flash drive
for the Fee and Schedule Proposal, sealed with it’s hard copy to prevent confusion.
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 providing a Value Analysis services per Caltrans guidelines for an
Interchange.
2. Demonstrated competence, professional qualifications of proposed staff .
3. Recent experience in successfully performing similar services.
4. Responses from provided references.
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Qualification proposals will be reviewed by a selection committee and ranked in accordance with the above
criteria. Where one or more qualification proposals are rated consistently higher than others, the consultants
may be selected as the top ranked consultants for purposes of contract negotiation.
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.Interviews are performed as follows:
1. Company presentation – staff, project understanding and approach – 20 min
2. 5-10 Questions – 35 min
3. Closing statement – 5min
6. Proposal Review and Award Schedule
The following is an outline of the anticipated schedule for proposal review and contract award:
Issue RFP ...................................................... August 26, 2022
Receive qualification proposals ......................... Sept 23, 2022
Complete proposal evaluation ............................ Oct 14, 2022
Award contract .................................................... Oct 28, 2022
Execute contract ................................................. Nov 15, 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 mentioned
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 t ime, 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.
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, includin g 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.
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 ter minate
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 liabi lity; 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, includin g
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 Immigration
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 City to be accurate and to
contain no affirmative misrepresentation or any concealment of fact. Consultants are cautioned to undertake an
independent analysis of any test results in the specifications, as City does not guaran ty 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 patent 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 patent if it is of such
a nature that the Consultant, assuming reasonable skill, ability and diligence on its part, knew or should have
known of the existence of the ambiguity or defect. Furthermore, failure of the Consultant or sub-consultants to
notify City in writing of specification defects or ambiguities prior to proposal submittal shall waive any right to
assert said defects or ambiguities subsequent to submittal of the proposal.
To the extent that these specifications constitute performance specifications, the City shall not be liable for costs
incurred by the successful Consultant to achieve the project’s objective or standard beyond the amounts provided
therefor in the proposal.
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, 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 adversaria l 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 (“Ci ty 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 Consultan t’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 shall be 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.
City staff will review any documents or materials provided by the Consultant and, where necessary, the
Consultant will respond to staff comments and make such changes as 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 appr opriate.
2 copies of the draft Value Analysis Report
2 copies of the final Value Analysis Report
Draft reports and plan submittals shall be submitted as digital and paper copies when requested.
Final documents shall be submitted as one electronic copy submitted in Adobe Acrobat format including all
original signatures.
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.
30. Ownership of Materials. Upon completion of all work under this contract, ownership and title to all repor ts,
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.
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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.
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 2 site visits and up to 5 8 hour 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 submittal 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 Personnel 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).
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 City Co uncil 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.
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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 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.
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
___________________________________
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. 91613 and 91252
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 lo cal
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 requ ired. The City reserves the right to
contact each of the references listed for additional information regarding your firm's qualifications.
Reference No. 1
Customer Name
Contact Individual
Telephone & Email
Street Address
City, State, Zip Code
Date of Services
Contract Amount
Description of Services
Project Outcome
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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 perf ormance 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 genera l 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 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 m ail, return receipt requested, has been given to the City. The Consultant agrees to notify
the City in the event that the policy is suspended, voided or reduced in coverage or limits. A minimum of 30
days prior written notice by certified mail, return receipt requested, will be provided.
Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than
A:VII.
Verification of Coverage. Consultant shall furnish the City with a certificate of insurance showing maintenance of
the required insurance coverage. Original endorsements effecting general liability and automobile liability coverage
required by this clause must also be provided. The endorsements are to be signed by a person authorized by that
insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work
commences.
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