HomeMy WebLinkAboutItem 5e. Authorization to Advertise On-Call Scanning Services Request for Qualifications Item 5e
Department: Community Development
Cost Center: 4006
For Agenda of: 10/4/2022
Placement: Consent
Estimated Time: NA
FROM: Michael Codron, Community Development Director
Prepared By: Michael Loew, Deputy Building Official
SUBJECT: AUTHORIZATION TO ADVERTISE ON-CALL SCANNING SERVICES
REQUEST FOR QUALIFICATIONS
RECOMMENDATION
1. Approve the Request for Qualifications (RFQ) to provide scanning services; and
2. Authorize the City Manager to execute agreements with selected consulting firms; and
3. Authorize the Finance Director to execute and amend Purchase Orders for individual
consultant services contract in an amount not -to-exceed the authorized project
budget; and
4. Authorize the Community Development Director to amend or extend the agreement
for services in accordance with its terms and conditions, and within the available
annual budget.
POLICY CONTEXT
Government Code Section 34090.5 authorizes the conversion of hard copy materials
and records onto other electronic mediums (i.e., burning CDs or DVDs or other format
reasonably accepted within the industry, as may be determined by the City Clerk) as
long as the following conditions are met:
A. The record, paper, or document is photographed, microphotographed,
reproduced by electronically recorded video images, recorded in electronic data
processing system, recorded on optical disk, or any other medium that is a trusted
system and that does not permit additions, deletions, or changes to the original
document;
B. The device or method used to reproduce the record, paper, or document
reproduces the original in all details and does not permit additions, deletions, or
changes to the original document images;
C. The reproductions are made accessible for public reference as the original
records were; and
D. A true copy of archival quality of the film, optical disk, or any other medium
reproductions shall be kept in a safe and separate place for security purpose s.
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Item 5e
City of San Luis Obispo Records Retention Policy and Schedule Page 6 and 10
stipulate that if the above conditions are met, subject to system verification and
eligibility for conversion by the City Clerk, Department Head, and City Attorney, the
public official having custody of the records (Department Head) may convert the hard
copy to a permissible electronic format and destroy the hard copy.
DISCUSSION
Background
There is an immediate need to digitalize several City records throughout the Communit y
Service Group Departments. There have been regular ongoing efforts to scan documents
through the use of temporary employees, but due to staffing shortages and diversion of
resources to respond to COVID-19, the Community Development Department in
particular, has amassed a backlog of construction documents for completed projects with
limited space to store active projects.
Community Development staff is working with Information Technologies staff to develop
an eReview process, which will alleviate the need to store and scan paper construction
documents in the future. While the eReview function is not anticipated to be available until
next calendar year, Building and Safety staff, with guidance from IT, is adjusting business
processes to receive digital files directly from design professionals. Ultimately, even
though staff has a plan to stop adding to the backlog of files, there is currently a
substantial number of records that need to be scanned.
Request for Qualifications (RFQ) Selection and Contract Management
There is one consultant currently contracted for scanning services; however, this
consultant has been unresponsive and unavailable to assist with the backlog of
documents. It is therefore recommended that the City advertise for these services through
the RFQ process. The RFQ model is used to identify the skillset of the consultants’
submitting qualifications and enables City staff to determine how those qualifications align
with current City needs. This is different from the project-specific Request for Proposals
(RFP) model, which seeks proposals for a specific project with a defined scope of work.
After evaluating the RFQ submittal packages, the top consultants in each specialized area
will be selected to enter into an agreement with the City. Consultant selection is based on
their demonstrated ability to provide the services proposed in a timely manner with
qualified staff. Once the selected consultants enter into an agreement with the City, their
services on an individual project are implemented rapidly, without the need for an
individual RFP. The selected consultant firms will remain on contract for up to five years.
The consultants will operate under the conditions of the agreement included in the RFQ.
Individual projects will be scoped by the City department most involved. The specific
project work will then be authorized via a Purchase Order through the Finance
Department.
Public Engagement
This RFQ will be advertised to the public.
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Item 5e
CONCURRENCE
The Public Works Department concurs with the recommendations of this report.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act does not apply to the recommended action in
this report, because the action does not constitute a “Project” under CEQA Guidelines
Sec. 15378.
FISCAL IMPACT
Budgeted: No Budget Year: 2022-23
Funding Identified: No
Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund $ $ $ $
State
Federal
Fees
Other:
Total $N/A $ N/A $ N/A $ N/A
Issuing the RFQ and establishing a qualified list does not obligate any funds for consultant
work. When the on-call agreement is executed and projects are identified requiring
consultant services, quotes will be requested, and purchase orders will be issued at the
discretion of the Finance Director in an amount not to exceed authorized project budgets
or appropriated operating budget.
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Item 5e
ALTERNATIVES
1. Individual Project Request for Proposals (RFP). Council can direct staff to proceed
in a more traditional fashion by issuing RFPs for each individual project in the process
outlined by the City’s Purchasing Guidelines. In this case, a company with greater
experience in the specific work might be attracted; however, this process is very time
consuming and increases the work required for an individual project, reducing overall
project production. Staff does not recommend this approach because it increases the
time to implement individual contracts, while providing minimal benefit. RFPs can still
be issued on a case-by-case basis when specialized skills, not available through on-
call contracts, are needed.
2. In-house Approach. Council can direct staff to continue attempting to perform
scanning tasks. There is currently one scanning device suitable to scan large
documents; however, it has been unreliable and in need of service. Staff does not
recommend replacing or servicing old equipment since there is a plan to move towards
paperless operations, and staff shortages have made this approach unsuccessful in
the past.
ATTACHMENTS
A - Draft RFQ for Document Scanning Services
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Notice requesting qualifications (RFQ) for on-call document scanning services.
The City of San Luis Obispo is requesting proposals from qualified vendors to provide document scanning
services. All proposers must register with BidSync at www.BidSync.com, where proposers can obtain
RFQ packages and submit questions.
All firms interested in receiving further correspondence regarding this Request for Qualifications (RFQ)
will be required to complete a free registration using BidSync ( https://www.bidsync.com/bidsync-
appweb/vendor/register/Login.xhtml). All proposals must be on BidSync at or before 3:00 PM on
when they are opened electronically on BidSync.
The preferred method for bid submission is electronic via BidSync. However, if you wish to submit a paper
copy, please submit it in a sealed envelope to the Department of Finance, City of San Luis Obispo, 990
Palm Street, San Luis Obispo, CA, 93401.
Specification packages and additional information may be obtained at the City's BidSync website at
www.BidSync.com. Please contact Dan Clancy at dclancy@slocity.org with questions.
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Section A
DESCRIPTION OF WORK
The City of San Luis Obispo (“City”) seeks qualifications for document scanning services to assist staff in
secure file storage and efficient record keeping.
I. GENERAL
The City is requesting qualifications from qualified consultants to provide document scanning services.
Currently, the city is not adequately staffed to perform scanning tasks necessary to securely and
efficiently store records that must be permanently retained. The City is interested in generating a list of
qualified consultants specializing in this type of work to draw from as needed. While an exact list of the
City’s future document scanning services is unknown at this time, consultants should expect projects that
will include scanning thousands of construction documents, including blueprints (up to 30”x42” sheets),
for completed and active building permits.
The Consultant should be able to provide a project manager as a point of contact that will coordinate the
packaging, labeling, and transport of documents to an offsite secure location. A list of all documents shall
be provided to the City prior to being removed from location. Specific documents removed shall be made
available upon request to City Staff, either hard copy or digital, within 2 business days. It is estimated
that 70-80% of documents are considered clean and ready to scan, while 20-30% of the documents need
special handling (old blueprints and folded documents).
The Consultant will work through a single point of contact per project from the department of the City
that is utilizing the services of the consultant. A sample scope of work is provided; however, final scopes
of work will be determined with the selected Consultant as a part of any contract during negotiations.
II. SCOPE OF WORK
1. Create an inventory list for documents being removed from location
2. Transport documents to secure location where scanning services is provided
3. Scan paper files into appropriate digital format (PDF, JPEG, etc.)
4. Index files according to the preferred naming convention
5. Provide a download link of digital data to the City for archival
6. Return all hard copy documents upon completion
a. Or properly dispose of documents in accordance with City policy
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III. SUBMITTAL CONTENT
1. Letter of Interest (5-page maximum). Please include in the submittal a letter introducing the
Consultant and expressing the Consultant's interest in being considered for on-call consulting
services, clearly identifying the applicable sub-area(s) of interest. The letter of interest should
also include all of the following:
a. Provide the name of the entity, its mailing address, telephone, facsimile number. Please
describe the organization.
b. Indicate that the Consultant has the availability and time to dedicate the personnel and
resources necessary to provide on-call consulting services.
c. Indicate that the Consultant has the minimum qualifications listed in Section III above.
d. Indicate the intention of the Consultant to adhere to the provisions described in the RFQ.
e. If selected to provide on-call consulting services, the Consultant will be expected to sign a
service provider agreement with the City.
f. Please identify the contact person responsible for the submittal, specifying the name, title, and
contact information.
g. Please note that the person signing the letter of interest must be a legal representative of
the Consultant authorized to bind the Consultant to an agreement in the event of an
award.
h. Provide a brochure or list of relevant services that can be provided, including but not limited to
services outlined in Section I and II
2. Relevant Experience of Key Personnel and the Firm (10-page maximum).
a. Key Personnel Experience. The submittal must identify the key personnel that is to be assigned if
awarded a contract, detailing their qualifications, areas of expertise, a summary of their past
experience performing similar services for other jurisdictions, and a resume of each key personnel,
including experience working with City staff, local San Luis Obis po community groups and
decision-makers, and regional partner agencies.
b. Firm Experience. The submittal must describe the Firm's pertinent project experience, including a
list of performed relevant projects, past performance, individual or team accomplishments, and
examples of similar work for San Luis Obispo or neighboring jurisdictions in California, including
experience working with City staff, local San Luis Obispo community groups and decision-makers,
and regional partner agencies.
c. General Firm Information. General firm information including the number of employees, location
of firm headquarters, branch offices, and the number of years in business may also be
provided. Please note that general firm information is not a substitute for the specific information
requested in Sections IV.2.a and b above.
3. Fee Structure. Please include a clear and comprehensive fee schedule, including a detailed statement
of hourly rates for all positions and classifications of individuals involved and reimbursable expenses.
Please also include the rates for a project-by-project basis, as noted in the sample Scope of Work
above.
4. Client References. Consultants must provide a minimum of three (3) client references.
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IV. ADDITIONAL SERVICES
If there are related services not otherwise identified in the City's RFQ, the Proposer may offer those to the
City. Proposals are not required to address any additional services in order to be considered an
acceptable proposal. However, the final selection of the successful Proposer may be based on the
desirability of the additional services offered.
V. SELECTION PROCESS
Submittals received by the deadline will be reviewed by a selection panel comprised of City staff who have
relevant knowledge and experience. The panel will score the proposals based upon the qualification
materials submitted according to the following criteria:
1. Letter of Interest. Availability demonstrated the capacity and qualifications necessary to
provide the consulting services specified in the RFQ. Ability to meet standard City contract and
insurance requirements.
2. Relevant Experience.
a. Demonstrated ability, based on consultant experience and specific experience of key
personnel, to provide technical assistance on the types of tasks listed in the
RFQ. Consultants need not necessarily be experts in every task in a given sub-area in
order to achieve a favorable score.
b. Prior experience, including the ability to work with City staff, local San Luis Obispo
community groups and decision-makers, and regional partner agencies. (30 Points
Maximum)
3. Responsiveness to the RFQ. Presentation, completeness, and clarity of information
provided.
4. Fee Structure. The Consultant's cost competitiveness and reasonableness. (20 Points
Maximum)
5. Client References. (Pass/Fail)
The submittals will be scored on a zero to 100-point scale, excluding bonus points. Consultants who qualify
will be placed on the list of qualified on-call consultants for each subarea. Placement on the list of qualified
on-call consultants is not a guarantee of work and does not constitute a commitment by the City to enter
into a contract with the Consultant. As appropriate, the City may conduct an additional competitive
process (e.g., solicit bids or issue Requests for Proposals) prior to awarding contracts. The City anticipates
that all services will be on an as-needed or on-call basis.
IV. ADDITIONAL TERMS AND CONDITIONS
A. Nondiscrimination. The City will not discriminate against any interested consultant on the
grounds of race, religious creed, color, national origin, ancestry, handicap, disability, marital
status, pregnancy, sex, age, or sexual orientation.
B. City's Right to Modify RFQ. The City reserves the right at its sole discretion to modify this RFQ
(including but not limited to the selection criteria) should the City deem that it isin its best
interests to do so. Any changes to the proposal requirements will be made by written addendum.
The failure of a consultant to read the latest addendums shall have no effect on the validity of
such modification.
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C. City's Right to Cancel RFQ. The City reserves the right at its sole discretion to cancel this RFQ in part
or in its entirety should the City deem that it is in the City's best interests to do so.
D. City's Right to Reject All Submittals. The City reserves the right, in its sole discretion, to reject all
submittals should the City deem that it is in its best interests to do so.
E. City's Right to Extend RFQ Deadlines. The City reserves the right to extend the deadline for
submittals by written addendum should the City deem that it is in its best interests to do so.
F. City Right to Negotiate With Consultants. The City reserves the right to negotiate with the
consultants on the list of qualified on-call consultants regarding their exceptions to the standard
service provider agreement if any, or regarding other price and terms in their submittals and to
require the selected Consultant to submit such technical, price, or other revisions of their
submittals as may result from negotiations.
G. Standard Form Service Provider Agreement & Insurance. Consultants acknowledge that
placement on the list of qualified on-call consultants does not commit the City to award a
contract. For any project, the City reserves the right to award a contract to consultants
(1) that are on the list of qualified on-call consultants; (2) that have an existing contract with the
City, or (3) that are selected through a separate competitive process.
Consultants on the list of qualified on-call consultants who are awarded a contract will be
expected to sign a service provider agreement with the City. The standard service provider
agreement and associated insurance requirements are attached as Attachment B.
Comments or exceptions, if any, to the standard service provider agreement and/or insurance
requirements must be noted in the Letter of Interest. It is understood that consultants have reviewed
the service provider agreement (Attachment B) and will take exception only to those items identified
in their Letter of Interest.
Neither review of the submittal by the City nor placement on the list of qualified on-call consultants
constitutes an acceptance by the City of the Proposer's recommended changes to the service provider
agreement. If there are any concerns or proposed exceptions requested to the standard service
provider agreement, these issues will be discussed at the time the City awards a contract, if any.
H. Cost of Submittals. All costs incurred during submittal preparation or in anyway
associated with the Consultant's preparations or submission shall be the sole
responsibility of the Consultant.
I. Liability for Submittal Errors. Consultants are liable for all errors and omissions
contained in their submittals.
J. Permits and Licenses. Consultants, at their sole expense, shall obtain and maintain during the term of
any agreement all appropriate permits, certificates, and licenses including, but not limited to, a City
Business License, which will be required in connection with the performance of on-call consulting
services.
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VII. ADDITIONAL CONSIDERATIONS AND ASSUMPTIONS
1. All works submitted to and accepted by the City must be an original piece created by the
Contractor.
2. All works submitted by the Contractor must be in standard U.S. English and adhere to the
Branding and Style Guide.
3. All works must be submitted in Microsoft Word format and include a headline pertaining to the
work in bold. The work should appear in a non-bolded Calibri, 12-point font.
4. The City reserves the right to use all submitted works in current and/or future forms of
current media and/or media to be developed.
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AGREEMENT
THIS AGREEMENT is made and entered into in the City of San Luis Obispo on [date], by and between
the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and [CONTRACTOR'S
OR CONSULTANT'S NAME IN CAPITAL LETTERS], hereinafter referred to as Contractor or Consultant.
W I T N E S S E T H:
WHEREAS, the City wants to procure document scanning services.
WHEREAS, [Contractor/Consultant] is qualified to perform this type of service and has submitted a
quote to do so, which has been accepted by City.
NOW, THEREFORE, in consideration of their mutual promises, obligations, and covenants
hereinafter contained, the parties hereto agree as follows:
1. TERM. The term of this Agreement shall be from the date this Agreement is made and
entered, as first written above, until [DATE] and acceptance or completion of said services.
2. INCORPORATION BY REFERENCE City RFQ and Contractor's proposal dated [date]
is hereby incorporated in and made a part of this Agreement and attached as Exhibit A. The City's terms and
conditions are hereby incorporated in and made a part of this Agreement as Exhibit B. To the extent that
there are any conflicts between the Contractor's fees and scope of work and the City's terms and conditions,
the City's terms and conditions shall prevail unless specifically agreed otherwise in writing signed by both
parties.
3. CITY'S OBLIGATIONS. For providing services as specified in this Agreement, City will pay
and Contractor shall receive therefor compensation in a total sum not to exceed $[xx,xxx] for
[ _].
4. CONTRACTOR'S OBLIGATIONS. For and in consideration of the payments and Agreements
herein before mentioned to be made and performed by City, Contractor agrees with City to provide services
as set forth in
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5. AMENDMENTS. Any amendment, modification, or variation from the terms of this
Agreement shall be in writing and shall be effective only upon approval by the Department Head or City
Manager of the City.
6. COMPLETE AGREEMENT. This written Agreement, including all writings specifically
incorporated herein by reference, shall constitute the complete Agreement between the parties hereto. No
oral agreement, understanding, or representation not reduced to writing and specifically incorporated
herein shall be of any force or effect, nor shall any such oral Agreement, understanding, or representation
be binding upon the parties hereto.
7. NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage
prepaid by registered or certified mail addressed as follows:
City [DEPT]
City of San Luis Obispo
Contractor/Consultant Name
8. AUTHORITY TO EXECUTE AGREEMENT. Both City and Contractor 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, A Municipal Corporation
By:
[City Manager Or Dept Head]
APPROVED AS TO FORM: CONTRACTOR
City Attorney
By:
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GENERAL TERMS AND CONDITIONS
1. Insurance Requirements. The Contractor shall provide proof of insurance in the form,
coverages and amounts specified in Section E of the City's Request for Proposal referenced in
paragraph 2 of the Agreement, unless changes are otherwise approved and agreed to in writing
between the parties. If the Agreement is entered into outside of a Request for Proposal, Contractor
shall provide proof of insurance in the form of coverages and amounts specified in Exhibit C.
2. Business License & Tax. The Contractor must have a valid City of San Luis Obispo business
license & tax certificate before execution of the contract. Additional information regarding the
City's business tax program may be obtained by calling (805) 781-7134.
3. Ability to Perform. The Contractor warrants that it possesses, or has arranged through
subcontracts, all capital and other equipment, labor, materials, and licenses necessary to carry out and
complete the work hereunder in compliance with all federal, state, county, City, and special district laws,
ordinances, and regulations.
4. Laws to be Observed. The Contractor shall keep itself fully informed of and shall observe and
comply with all applicable state and federal laws and county and City of San Luis Obispo ordinances,
regulations and adopted codes during its performance of the work.
5. Payment of Taxes. The contract prices shall include full compensation for all taxes that the
Contractor is required to pay.
6. Permits and Licenses. The Contractor shall procure all permits and licenses, pay all charges
and fees, and give all notices necessary.
7. Safety Provisions. The Contractor shall conform to the rules and regulations pertaining to
safety established by OSHA and the California Division of Industrial Safety.
8. Public and Employee Safety. Whenever the Contractor's operations create a condition
hazardous to the public or City employees, it shall, at its expense and without cost to the City, furnish,
erect and maintain such fences, temporary railings, barricades, lights, signs and other devices and take
such other protective measures as are necessary to prevent accidents or damage or injury to the public
and employees.
9. Preservation of City Property. The Contractor shall provide and install suitable safeguards,
approved by the City, to protect City property from injury or damage. If City property is injured or
damaged resulting from the Contractor's operations, it shall be replaced or restored at the Contractor's
expense. The facilities shall be replaced or restored to a condition as good as when the Contractor
began work.
10. Immigration Act of 1986. The Contractor warrants on behalf of itself and all
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subcontractors engaged for the performance of this work that only persons authorized to work
in the United State pursuant to the Immigration Reform and Control Act of 1986 and other
applicable laws shall be employed in the performance of the work hereunder.
11. Contractor Nondiscrimination. In the performance of this work, the Contractor agrees that it
will not engage in, nor permit such subcontractors as it may employ, to engage in discrimination in
employment of persons because of age, race, color, sex, national origin or ancestry, sexual
orientation, or religion of such persons.
12. Work Delays. Should the Contractor be obstructed or delayed in the work required to be done
hereunder by changes in the work or by any default, act, or omission of the City, or by strikes, fire,
earthquake, or any other Act of God, or by the inability to obtain materials, equipment, or labor due to
federal government restrictions arising out of defense or war programs, then the time of completion
may, at the City's sole option, be extended for such periods as may be agreed upon by the City and the
Contractor. In the event that there is insufficient time to grant such extensions prior to the completion
date of the contract, the City may, at the time of acceptance of the work, waive liquidated damages that
may have accrued for failure to complete on time, due to any of the above, after hearing evidence as to
the reasons for such delay, and making a finding as to the causes of same.
13. Payment Terms. The City's payment terms are 30 days from the receipt of an original invoice
and acceptance by the City of the materials, supplies, equipment, or services provided by the Contractor
(Net 30).
14. Inspection. The Contractor shall furnish City with every reasonable opportunity for City to
ascertain that the services of the Contractor are being performed in accordance with the requirements
and intentions of this contract. All work done, and all materials furnished, if any, shall be subject to the
City's inspection and approval. The inspection of such work shall not relieve Contractor of any of its
obligations to fulfill its contract requirements.
15. Audit. The City shall have the option of inspecting and/or auditing all records and other written
materials used by Contractor in preparing its invoices to City as a condition precedent to any payment to
Contractor.
16. Interests of Contractor. The Contractor covenants that it presently has no interest, and shall not
acquire any interest—direct, indirect or otherwise—that would conflict in any manner or degree with
the performance of the work hereunder. The Contractor further covenants that, in the performance of
this work, no subcontractor or person having such an interest shall be employed. The Contractor
certifies that no one who has or will have any financial interest in performing this work is an officer or
employee of the City. It is hereby expressly agreed that, in the performance of the work hereunder, the
Contractor shall at all times be deemed an independent contractor and not an agent or employee of the
City.
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17. Hold Harmless and Indemnification.
(a) Non-design, non-construction Professional Services: To the fullest extent permitted by
law (including, but not limited to California Civil Code Sections 2782 and 2782.8), Consultant
shall indemnify, defend, and hold harmless the City, and its elected officials, officers, employees,
volunteers, and agents ("City Indemnitees"), from and against any and all causes of action,
claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels' fees
and costs of litigation ("claims"), arising out of the Consultant's performance or Consultant's
failure to perform its obligations under this Agreement or out of the operations conducted by
Consultant, including the City's active or passive negligence, except for such loss or damage
arising from the sole negligence or willful misconduct of the City. In the event the City
Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising
from Consultant's performance of this Agreement, the Consultant shall provide a defense to the
City Indemnitees or at the City's option, reimburse the City Indemnitees their costs of defense,
including reasonable legal fees, incurred in defense of such claims.
(b) Non-design, construction Professional Services: To the extent the Scope of Services
involve a "construction contract" as that phrase is used in Civil Code Section 2783, this paragraph
shall apply in place of paragraph A. To the fullest extent permitted by law (including, but not
limited to California Civil Code Sections 2782 and 2782.8), Consultant shall indemnify, defend,
and hold harmless the City, and its elected officials, officers, employees, volunteers, and agents
("City Indemnitees"), from and against any and all causes of action, claims, liabilities, obligations,
judgments, or damages, including reasonable legal counsels' fees and costs of litigation
("claims"), arising out of the Consultant's performance or Consultant's failure to perform its
obligations under this Agreement or out of the operations conducted by Consultant, except for
such loss or damage arising from the active negligence, sole negligence or willful misconduct of
the City. In the event the City Indemnitees are made a party to any action, lawsuit, or other
adversarial proceeding arising from Consultant's performance of this Agreement, the Consultant
shall provide a defense to the City Indemnitees or at the City's option, reimburse the City
Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such
claims.
(c) Design Professional Services: In the event Consultant is a "design professional", and the
Scope of Services require Consultant to provide "design professional services" as those phrases
are used in Civil Code Section 2782.8, this paragraph shall apply in place of paragraphs A or B. To
the fullest extent permitted by law (including, but not limited to California Civil Code Sections
2782 and 2782.8) Consultant shall indemnify, defend and hold harmless the City and its elected
officials, officers, employees, volunteers and agents ("City Indemnitees"), from and against all
claims, damages, injuries, losses, and expenses including costs, attorney fees, expert Consultant
and expert witness fees arising out of, pertaining to or relating to, the negligence, recklessness
or willful misconduct of Consultant, except to the extent caused by the sole negligence, active
negligence or willful misconduct of the City. Negligence, recklessness or willful misconduct of
any subcontractor employed by Consultant shall be conclusively deemed to be the negligence,
recklessness or willful misconduct of Consultant unless adequately corrected by Consultant. In
the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial
proceeding arising from Consultant's performance of this Agreement, the Consultant shall
provide a defense to the City Indemnitees or at the City's option, reimburse the City Indemnitees
their costs of defense, including reasonable legal fees, incurred in defense of such claims. In no
event shall the cost to defend charged to Consultant
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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.
18. Contract Assignment. The Contractor shall not assign, transfer, convey or otherwise dispose of
the contract, or its right, title or interest, or its power to execute such a contract to any individual or
business entity of any kind without the previous written consent of the City.
19. Termination for Convenience. The City may terminate all or part of this Agreement for any or
no reason at any time by giving 30 days written notice to Contractor. Should the City terminate this
Agreement for convenience, the City shall be liable as follows: (a) for standard or off-the-shelf products,
a reasonable restocking charge not to exceed ten (10) percent of the total purchase price; (b) for custom
products, the less of a reasonable price for the raw materials, components work in progress and any
finished units on hand or the price per unit reflected on this Agreement. For termination of any services
pursuant to this Agreement, the City's liability will be the lesser of a reasonable price for the services
rendered prior to termination, or the price for the services reflected on this Agreement. Upon
termination notice from the City, Contractor must, unless otherwise directed, cease work and follow the
City's directions as to work in progress and finished goods.
20. Termination. If, during the term of the contract, the City determines that the Contractor is not
faithfully abiding by any term or condition contained herein, the City may notify the Contractor in
writing of such defect or failure to perform. This notice must give the Contractor a 10 (ten) calendar day
notice of time thereafter in which to perform said work or cure the deficiency.
If the Contractor has not performed the work or cured the deficiency within the ten days specified in
the notice, such shall constitute a breach of the contract and the City may terminate the contract
immediately by written notice to the Contractor to said effect. Thereafter, neither party shall have any
further duties, obligations, responsibilities, or rights under the contract except, however, any and all
obligations of the Contractor's surety shall remain in full force and effect, and shall not be extinguished,
reduced, or in any manner waived by the terminations thereof.
In said event, the Contractor shall be entitled to the reasonable value of its services performed from the
beginning date in which the breach occurs up to the day it received the City's Notice of Termination,
minus any offset from such payment representing the City's damages from such breach. "Reasonable
value" includes fees or charges for goods or services as of the last milestone or task satisfactorily
delivered or completed by the Contractor as may be set forth in
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the Agreement payment schedule; compensation for any other work, services or goods performed or
provided by the Contractor shall be based solely on the City's assessment of the value of the work-in-
progress in completing the overall work scope.
The City reserves the right to delay any such payment until completion or confirmed abandonment of
the project, as may be determined in the City's sole discretion, so as to permit a full and complete
accounting of costs. In no event, however, shall the Contractor be entitled to receive in excess of the
compensation quoted in its proposal.
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INSURANCE REQUIREMENTS: Consultant Services
The Contractor 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 w ith the
performance of the work hereunder by the Contractor, its agents, representatives, employees, or
subcontractors.
Minimum Scope of Insurance. Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1
(any auto).
3. Workers' Compensation insurance as required by the State of California and Employer's Liability
Insurance.
4. Errors and Omissions Liability insurance as appropriate to the Consultant's profession.
Minimum Limits of Insurance. Contractor shall maintain limits no less than:
1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property
damage. If Commercial General Liability or other form with a general aggregate limit is used,
either the general aggregate limit shall apply separately to this project/location or the general
aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
3. Employer's Liability: $1,000,000 per accident for bodily injury or disease.
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 Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim
administration and defense expenses.
Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be
endorsed to contain, the following provisions:
1. The City, its officers, officials, employees, agents and volunteers are to be covered as insureds as
respects: liability arising out of activities performed by or on behalf of the Contractor; products
and completed operations of the Contractor; premises owned, occupied or used by the
Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage
shall contain no special limitations on the scope of protection afforded to the City, its officers,
officials, employees, agents or volunteers.
2. For any claims related to this project, the Contractor's insurance coverage shall be primary
insurance as respects the City, its officers, officials, employees, agents and volunteers. Any
insurance or self-insurance maintained by the City, its officers, officials, employees, agents or
volunteers shall be excess of the Contractor's insurance and shall not contribute with it.
3. The Contractor's insurance shall apply separately to each insured against whom claim is made or
suit is brought, except with respect to the limits of the insurer's liability.
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4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be
suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30)
days' prior written notice by certified mail, return receipt requested, has been given to the City.
Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no
less than A:VII.
Verification of Coverage. Contractor shall furnish the City with a certificate of insurance showing
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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REFERENCES
Number of years engaged in providing the services included within the scope of the specifications
under
the present business name: .
Describe fully threecontracts performed by your Firm withinthelast five years thatdemonstrate 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 & FAX number
Street Address
City, State, Zip Code
Description of services
provided including contract
amount, when provided and
link to final report
Reference No. 2
Customer Name
Contact Individual
Telephone & FAX number
Street Address
City, State, Zip Code
Description of services
provided including contract
amount, when provided and
link to final report
Reference No. 3
Customer Name
Contact Individual
Telephone & FAX number
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Street Address
City, State, Zip Code
Description of services
provided including contract
amount, when provided and
link to final report
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STATEMENT OF PAST CONTRACT DISQUALIFICATIONS
The bidder 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 Bidder Representative
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